[MLB-WIRELESS] A letter I got....

[Toliman]

At 08:08 PM 12/11/2002, rick wrote:
>are they asking us to police our own???
>----- Original Message -----
>From: <mailto:netwiz at optusnet.com.au>Steven Haigh
>To: <mailto:melbwireless at wireless.org.au>melbwireless at wireless.org.au
>Sent: Tuesday, November 12, 2002 7:53 PM
>Subject: [MLB-WIRELESS] A letter I got....
>
>Got a letter today from the Attorney-General's Department....
>
>it follows:
>
>--- Begin Letter ---
>Dear Mr Haigh
>
>     WIRELESS BROADBAND INTERNET ACCESS PROVIDERS
>OBLIGATIONS UNDER SECTION 313 OF THE TELECOMMUNICATIONS ACT 1997
>
>I understand Melbourne Wireless is operating or intending to operate a 
>wireless broadband network to facilitate access by customers to the 
>Internet and/or the PSTN. I am writing to all wireless broadband access 
>providers to inform them of their obligations under section 313 of the 
>Telecommunications Act 1997.
>
>Under the Act, carriers and carriage service providers must do their best 
>to prevent telecommunications networks and facilities from being used to 
>commit offences. They must also give the authorities such help as is 
>reasonably necessary for the purposes of enforcing the criminal law and 
>laws imposing pecuniary penalties; protecting the public revenus; and 
>safeguarding national security. This may help include provision of 
>interception services, including services in executing an interception 
>warrant under the Telecommunications (Interception) Act 1979.

(sic)
>Any comments on this? I'm not sure if I like what it's implying.....
>
>Signed,
>Steven Haigh
><http://wireless.org.au>http://wireless.org.au
>(Visit <https://wireless.org.au>https://wireless.org.au to install our 
>Root Certificate.)



To me, this sounds like a general acceptance that there will be a directive 
give, and a department of the federal police to pursue and monitor wireless 
networks as if they were federal communications lines, and suspect to the 
same kinds of regulations.

should be interesting to see the details of the 1979 interception act 
working on radio and wireless networks, it would be tough to enforce legally...

if you are looking for advice on how to proceed, we should be putting up a 
disclaimer that the network is informal, and any crimes committed with 
wireless / WiFi, are the same as regular crimes committed with guns, 
knives, pencil erasers, coloured ink, spray paint and keyboards., etc. etc. 
etc.

if we do set up a larger point-of-presence network, then it will be an 
issue because of the nature of being a data carrier. as soon as our network 
carries data or traffic that is used in a crime, then our network is 
responsible. with all the trappings of a data carrier without the high 
initially high price-tag of operation.

so, this rule is kinda meaningless right now, i would surmise that this 
FDP-esque (a WiFi P.i. or W.B.I. ) organisation will either ask for 
co-operation, ask for our membership list and our node database at some 
point, or the ability to acquisition node data with a subpoena or warrant 
asking for the invasion of privacy. which is what i would be assuming 
without any indication of what the Attorney General wants specifically. 


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