[AusNOG] You down with 313? Yeah you know me! Who's down with 313? The D-B-C-D-E!

Fri May 31 20:33:30 EST 2013

That is the exact problem with the 313 clause though, its so vague that the example given is a perfectly legitimate use of it, well within the bounds of its allowable use.

While its a drastic example it illustrates the danger of such vague rules quite nicely.

On the topic of how the ISP's receive the 313 notices, I would also be keen to know how they receive them or if there is an validation done (ringing the requesting party, court issued documents etc) or is it just as simple as the takedown notice emails? If so that's concerning on its own....

________________________________
From: ausnog-bounces at lists.ausnog.net [ausnog-bounces at lists.ausnog.net] On Behalf Of Daniel Cross [daniel at ritualmedia.co.nz]
Sent: Friday, 31 May 2013 1:25 PM
To: ausnog at lists.ausnog.net
Subject: Re: [AusNOG] You down with 313? Yeah you know me! Who's down with 313? The D-B-C-D-E!

The reference to my experience with MPAA/RIAA was simply to relate to the issue, and to make a comment on the fact that in that case, these organisations would send through a request via email.  Plaintext email is an insecure communication.  These messages could be intercepted and altered or blocked.  It is also a trivial matter to spoof an email.

I feel like your case of dealing with a cyber bully is different to blocking content available to the public, however in this case I would hope that there be better options than blocking the bullies IP, such as a restraining order; police charges; termination of the users account with their ISP etc, all of which deal with the matter actively against the bully as an individual.

On Fri, May 31, 2013 at 1:00 PM, Joseph Goldman <joe at apcs.com.au<mailto:joe at apcs.com.au>> wrote:
 I can't tell if you are suggesting so or not but MPAA/RIAA would not be able to issue a Section 313 request based on my basic interpretation of the legislation (i.e. they are not Australian agencies that protect public revenue or enforce law).

 BUT a thought that came to mind would be if I had a "cyber-bully" who happened to be coming from a static IP address, I could potentially take the complaint to my local police station, and that police station issue a section 313 request to the owner of those IP's to stop that user getting online. Potentially.

On 31/05/13 12:52, Daniel Cross wrote:
It's been a while since I worked in an ISP, but I remember MPAA/RIAA requests coming through via email, which back then we regularly just binned.  Which in this regard has been making me wonder....

How are these requests even verified to be real? How are they submitted? How are they recieved? Is there a secure communication channel? Who, within an ISP, has the authority to authorise the requests?  Is an ISP bound to secrecy?  If not, would they please publish all domain and/or IPs blocked, as well as their policy for dealing with such requests.  If they are bound to secrecy, I think this needs to be pushed and highlighted.

This is a serious concern.  Independant oversight and transparency should be top of the list here.  An immediate refusal from ISPs to honour these requests if they can not verify and publish would be an appreciated move also.  I'm all over the forehead slapping here.

Daniel.

On Thu, May 30, 2013 at 10:29 PM, Jared Hirst <jared.hirst at serversaustralia.com.au<mailto:jared.hirst at serversaustralia.com.au>> wrote:
And that they needed to ‘discuss’ if Asio was at the last night meeting….

From: ausnog-bounces at lists.ausnog.net<mailto:ausnog-bounces at lists.ausnog.net> [mailto:ausnog-bounces at lists.ausnog.net<mailto:ausnog-bounces at lists.ausnog.net>] On Behalf Of James Hodgkinson
Sent: Thursday, May 30, 2013 9:58 PM
To: Narelle
Cc: AusNOG
Subject: Re: [AusNOG] You down with 313? Yeah you know me! Who's down with 313? The D-B-C-D-E!

I can't help but laugh when the guy said "helpful minister is being helpful" :)

James

On 30 May 2013 21:45, Narelle <narellec at gmail.com<mailto:narellec at gmail.com>> wrote:

Mate.

We're *all* over this one.

See www.isoc-au.org.au<http://www.isoc-au.org.au> for my last press release.

What's needed?
In one word: oversight.
Oh and another: reasonable.

Not to mention precision, justifiable....

But please folks, don't just jump if you hear the words "national" and "security" in a sentence.

Regards

Narelle Clark
President
Internet Society of Australia
On May 30, 2013 1:59 PM, "Tim March" <march.tim at gmail.com<mailto:march.tim at gmail.com>> wrote:

Worth a watch for those who followed the ASIC/Over-blocking issue a few weeks back...

https://www.youtube.com/watch?feature=player_embedded&v=s91RKbmk-fM

Via @SenatorLudlam

T.
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