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

[darrend at ndpgroup.com.au]

Well this has been done to death! Here's an example for isp's
ISP's are considered a Consent Service Provider under the Telco Act.
ISP's do have interception obligations. see 
http://www.aca.gov.au/consumer/fsheets/industry/fsi12.pdf

You'll note that ISP's need ONLY supply information when served by an 
inteception warrant. Under the Act, they do NOT need to keep historical 
log files of activity, nor do they need to actively monitor for illegal 
activity. Doing so would constitute a breach of the privacy act! That is 
why only the AG's dept and relevant police bodies have the power to serve 
one of these warrants. 
Yes, it's probably a good idea to keep logs etc, but as Tony said the 
chances of this situation arising is small. And yes, being wireless there 
are other means of intercepting communications without capturing packets 
from the AP.

Under the current ACA non-commercial definition, MW are not classified as 
a Carrier or CSP therefore this does not apply to us. The govt knows this 
and hence is, I feel why the Inquiry committee was keen to ask us about 
our capabilities in this area and our ability to self regulate. They (ACA, 
govt etc.) want to allow us to operate legally, but at the same time don't 
want community wireless networks to become a haven for pirates and kiddy 
porn fiends!

All that is required here is a little common sense!

Darren Dreis
Vice President
Melbourne Wireless Inc.
vicepresident at wireless.org.au
http://www.wireless.org.au






<andrewg at d2.net.au>
Sent by: owner-melbwireless at wireless.org.au
13/11/2002 09:25 AM

 
        To:     <melbwireless at wireless.org.au>
        cc: 
        Subject:        Re: [MLB-WIRELESS] A letter I got....


>
> Now that I've said all of that, lets get back to building a wireless
> network.  If "doing your best" means maintaining log files for a
> reasonable time, then so be it.  If "help as is reasonably necessary"
> means you cooperate when asked by relevant authorities, then help when
> asked as best you can.

I find it interesting that the term "ask" is used, as generally dealing
with government people, they generally mean "you will do it or else" and
that else is usually jail time if you refuse/can't help them. An example
would be when a act was before parilment and they wanted to jail people 
for
6 months if they refused to help them.

I may be a bit pedantic in this case, but in the end government and
politicians are in it for themselves, not the people. Power corrupts and
all that ;-)

Sincerely,
Andrew Griffiths




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