[MLB-WIRELESS] A letter I got....
kenna
kenna at optushome.com.au
Tue Nov 12 22:20:33 EST 2002
Section 313 is a pretty lightweight piece of legislation. It has the
Boy Scouts standard of care you must "Do Your Best" to prevent others
using networks from being used in or in relation to the commission of
offences. As a community organisation would it not be reasonable to
follow the example of internet industry leaders, (some 51% government
owned) in looking what should be the worlds best practice in doing ones
best?
Carriers have hidden behind the "We're a Carrier not a Censor" mantra to
avoid placing restrictions on child and other banned porn and warez in
usenet usegroups. Without First Amendment protection Australian
Carriers are more circumspect than their US counterparts but the cost of
censorship and the potential loss of subscribers are more important than
the tacit rejection of censorship.
Under this regime you would be brave to operate an anonomous public
service access (although look at the service operated by most government
public librarys). Prudence would suggest that you know who is using
your service, if only to help proove that it wasn't you yourself that
was maintinaing the DIY semtex website (again look to the public & uni
libraries for assistance) If your software maintains logs and the boys
come knocking you'll need to make them available. If you flush the logs
every week because your 486 linux server has limited disk space noone
can blame you unless they legislate a requirement for a manditory
retention time.
Subsection (5) would appear to be able to be pleaded against any action
against the carrier, say for breach of privacy or confidentiality, by a
user or member. Interesting, as I do a lot of credit searcing over the
internet under strict Privacy Act conditions, that this info can be
divulged to the Telsra or (worse Singtel ) tech officer as part of their
duties of complying or not complying with the Act.
I suppose this sort of stuff comes with being recognised as a Carrier by
the dark forces of beauracracy.
Paul
Bundoora
http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s313.html
TELECOMMUNICATIONS ACT 1997 SECT 313 313 Obligations of carriers and
carriage service providers
(1)
A carrier or carriage service provider must, in connection with:
(a)
the operation by the carrier or provider of telecommunications networks
or facilities; or
(b)
the supply by the carrier or provider of carriage services;
do the carrier's best or the provider's best to prevent
telecommunications networks and facilities from being used in, or in
relation to, the commission of offences against the laws of the
Commonwealth or of the States and Territories.
(2)
A carriage service intermediary must do the intermediary's best to
prevent telecommunications networks and facilities from being used in,
or in relation to, the commission of offences against the laws of the
Commonwealth or of the States and Territories.
(3)
A carrier or carriage service provider must, in connection with:
(a)
the operation by the carrier or provider of telecommunications networks
or facilities; or
(b)
the supply by the carrier or provider of carriage services;
give officers and authorities of the Commonwealth and of the States and
Territories such help as is reasonably necessary for the following
purposes:
(c)
enforcing the criminal law and laws imposing pecuniary penalties;
(d)
protecting the public revenue;
(e)
safeguarding national security.
Note: Section
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s314.html>
314 deals with the terms and conditions on which such help is to be
provided.
(4)
A carriage service intermediary who arranges for the supply by a
carriage service provider of carriage services must, in connection with:
(a)
the operation by the provider of telecommunications networks or
facilities; or
(b)
the supply by the provider of carriage services;
give officers and authorities of the Commonwealth and of the States and
Territories such help as is reasonably necessary for the following
purposes:
(c)
enforcing the criminal law and laws imposing pecuniary penalties;
(d)
protecting the public revenue;
(e)
safeguarding national security.
Note: Section
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s314.html>
314 deals with the terms and conditions on which such help is to be
provided.
(5)
A carrier or carriage service provider is not liable to an action or
other proceeding for damages for or in relation to an act done or
omitted in good faith:
(a)
in performance of the duty imposed by subsection (1), (2), (3) or (4);
or
(b)
in compliance with a direction that the ACA gives in good faith in
performance of its duties under section
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s312.html>
312.
(6)
An officer, employee or agent of a carrier or of a carriage service
provider is not liable to an action or other proceeding for damages for
or in relation to an act done or omitted in good faith in connection
with an act done or omitted by the carrier or provider as mentioned in
subsection (5).
(7)
A reference in this section to giving help includes a reference to
giving help by way of the provision of interception services, including
services in executing an interception warrant under the
Telecommunications
(Interception)
Act 1979 .
Note: Additional obligations concerning interception capability, special
assistance capability or agency specific delivery capability are, or may
be, imposed on a carrier or carriage service provider under Part
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/index.html#
p15> 15.
_____
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s313> ] [Search <http://www.austlii.edu.au/cgi-bin/sinoform.pl> ] [Notes
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/notes.html>
] [Noteup
<http://www.austlii.edu.au/cgi-bin/sinosrch.pl?query=ta1997214+s313> ]
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_____
Commonwealth
<http://www.austlii.edu.au/au/legis/cth/consol_act/index.html>
legislation in official written form can be obtained from AGPS
<http://www.agps.gov.au/>
-----Original Message-----
From: owner-melbwireless at wireless.org.au
[mailto:owner-melbwireless at wireless.org.au] On Behalf Of
darrend at ndpgroup.com.au
Sent: Tuesday, 12 November 2002 9:40 PM
To: melbwireless at wireless.org.au
Subject: Re: [MLB-WIRELESS] A letter I got....
Hi all, if you look through the transcripts for the inquiry hearings in
canberra, you'll note that the AG dept said they plan on following up
with all community wireless groups to make them aware of the relevant
regulations they must adhere to.
As many of you know, we have done plenty of research on the subject as
have many other groups aswell. I don't believe there is anything to
worry about here, as this is just the usual 'just making sure you were
aware of this' type of approach that is used in 'self regulated'
industries etc.
Just as the inquiry has made recommendations to impove the education of
wireless operators (see barry's post on this), meaning both community
groups aswell as ISP's etc.
Darren Dreis
Vice President
Melbourne Wireless Inc.
vicepresident at wireless.org.au
http://www.wireless.org.au
David <vk3jda at optushome.com.au>
Sent by: owner-melbwireless at wireless.org.au
12/11/2002 08:22 PM
To: Melbwireless List <melbwireless at wireless.org.au>
cc:
Subject: Re: [MLB-WIRELESS] A letter I got....
There is just one question to start with - Is "Melbourne Wireless" going
to
supply (not a person)?
If they are not then reply "Sorry you have your info wrong we are not"
If so then -
It would be good to know what is a CUSTOMER, is it a paying person or
anyone?
Dose membership fees make you a paying customer?
David
At 19:53 12/11/02 +1100, you wrote:
>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.
>
>An Overview of these obligations, including a link to the manual
>'Telecommunications and Law Enforcement', is available at the
Australian
>Communications Authority website:
>
><http://www.aca.gov.au/licence/public_interestobligations.htm>http://ww
w.aca.gov.au/licence/public_interestobligations.htm
>
>
>An officer from my office, the Australian Security Intelligence
>Organisation or a law enforcement agency may have already made contact
>with you to discuss details of the services offered by your company and
>the assistance that may be requested. If not, you should expect contact
to
>be made in the near future. Specific issues to be discussed will
include:
>
>a. architecture/technical details of the service being offered, the
>customer base and distribution, and roll out plans;
>
>b. the nature of subscriber and historical traffic data that might
be
>requested, the information that might be provided as part of the
request,
>and the format in which the information can be provided;
>
>c. the telecommunications interception warrant process;
>
>d. identifiers for each service;
>
>e. technical implementation facilities, and interception product
>delivery arrangements;
>
>f. service level agreements; and
>
>g. physical security arrangements and security clearance
requirements
>for the handling of classified information.
>
>I would appreciate your advice of the most appropriate point of contact
>within your organisation. If you have any queries, please do not
hesitate
>to contact myself or <name withheld>, (xx) xxxx.xxxx or email her at:
><mailto:xxx at xx.xxx.xx>xxx at xx.xxx.xx
>
>Yours sincerely
>
>
>Joan Sheedy
>A/g Agency Coordinator.
>
>--- End Letter ---
>
>
>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.)
David
VK3JDA
Webmaster M&DRC
www.mdrc.org.au
www.mdrc.org.au/apcnews
ATV Users Group
www.mdrc.org.au/atvgroup
CoSysop IRLP node #630 VK3RGL
RT-85 list owner
www.groups.yahoo.com/group/rt85
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