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

Fenn Bailey fenn_b at smktech.com.au
Wed Nov 13 10:51:07 EST 2002


An interesting point - I'm not 100% up to speed with the legislation,
but the law was recently changed in this regard (I think within the last
12 months).

Anyone operating (what would traditionally be called) a carrier service
used to have to able to intercept 10% of the data passing along it (eg:
packets/etc for data networks, calls for telephone (though the line is
blurred nowadays)).

Telstra (and optus) used to put all of their monitoring equipment in
their biggest core switch, which would carry at least 10% of all
traffic.

This was recently changed to carrier-types needing to be able to
intercept 100% of all data passed (which sounds ludicrous to me). This
cost Telstra a fortune to comply to (I don't know if they even are yet)
as every exchange now needs to be able to monitor calls made through it
(even if you're out in Coonaburrabran and you're calling your next door
neighbour).

The practicality of applying this legistlation to an ad-hoc wireless
network sounds very interesting indeed. However, if the network is not
owned by any entity and is merely an informal agreement to communicate
in a certain standard, I can't really see how a 'governing body' can be
expected to be able to intercept/monitor the whole lot.

If someone is legally savvy, the legistlation should be relatively easy
to find.

	Fenn.

> -----Original Message-----
> From: owner-melbwireless at wireless.org.au 
> [mailto:owner-melbwireless at wireless.org.au] On Behalf Of evilbunny
> Sent: Tuesday, 12 November 2002 9:48 PM
> To: Robert Tchia
> Cc: melbwireless at wireless.org.au
> Subject: Re[2]: [MLB-WIRELESS] A letter I got....
> 
> 
> Hello Robert,
> 
> Your supposed to have that information on an adhoc informal network
> with open policies how exactly?
> 
> -- 
> Best regards,
>  evilbunny                            
> mailto:evilbunny at sydneywireless.com
> 
> http://www.cacert.org - Free Security Certificates
> http://www.nodedb.com - Think globally, network locally
> http://www.sydneywireless.com - Telecommunications Freedom
> 
> Tuesday, November 12, 2002, 9:25:28 PM, you wrote:
> 
> RT> Basically we have to be able to intercept any traffic on 
> our network
> RT> if/when a warrant is served. I don't know how this is 
> going to work for
> RT> us, as we don't have user's information like ISP would 
> have (i.e. User
> RT> account), may be that is some thing that we should 
> consider. We have to
> RT> comply with this or we (melb-wireless) will face a hefty 
> fine from AG
> RT> dept. 
>  
> RT> Cheers
> RT> Rob
>  
>  
> RT> -----Original Message-----
> RT> From: owner-melbwireless at wireless.org.au
> RT> [mailto:owner-melbwireless at wireless.org.au] On Behalf Of rick
> RT> Sent: Tuesday, 12 November 2002 8:08 PM
> RT> To: Steven Haigh; melbwireless at wireless.org.au
> RT> Subject: Re: [MLB-WIRELESS] A letter I got....
>  
> RT> are they asking us to police our own???
> RT> ----- Original Message ----- 
> RT> From: Steven <mailto:netwiz at optusnet.com.au>  Haigh 
> RT> To: melbwireless at wireless.org.au 
> RT> Sent: Tuesday, November 12, 2002 7:53 PM
> RT> Subject: [MLB-WIRELESS] A letter I got....
>  
> RT> Got a letter today from the Attorney-General's Department....
>  
> RT> it follows:
>  
> RT> --- Begin Letter ---
> RT> Dear Mr Haigh
>  
> RT>     WIRELESS BROADBAND INTERNET ACCESS PROVIDERS
> RT> OBLIGATIONS UNDER SECTION 313 OF THE TELECOMMUNICATIONS ACT 1997
>  
> RT> I understand Melbourne Wireless is operating or intending 
> to operate a
> RT> wireless broadband network to facilitate access by 
> customers to the
> RT> Internet and/or the PSTN. I am writing to all wireless 
> broadband access
> RT> providers to inform them of their obligations under 
> section 313 of the
> RT> Telecommunications Act 1997.
>  
> RT> Under the Act, carriers and carriage service providers 
> must do their
> RT> best to prevent telecommunications networks and 
> facilities from being
> RT> used to commit offences. They must also give the 
> authorities such help
> RT> as is reasonably necessary for the purposes of enforcing 
> the criminal
> RT> law and laws imposing pecuniary penalties; protecting the public
> RT> revenus; and safeguarding national security. This may help include
> RT> provision of interception services, including services in 
> executing an
> RT> interception warrant under the Telecommunications 
> (Interception) Act
> RT> 1979.
>  
> RT> An Overview of these obligations, including a link to the manual
> RT> 'Telecommunications and Law Enforcement', is available at 
> the Australian
> RT> Communications Authority website:
>  
> RT> http://www.aca.gov.au/licence/public_interestobligations.htm 
>  
> RT> An officer from my office, the Australian Security Intelligence
> RT> Organisation or a law enforcement agency may have already 
> made contact
> RT> with you to discuss details of the services offered by 
> your company and
> RT> the assistance that may be requested. If not, you should 
> expect contact
> RT> to be made in the near future. Specific issues to be 
> discussed will
> RT> include:
>  
> RT> a.    architecture/technical details of the service being 
> offered, the
> RT> customer base and distribution, and roll out plans;
>  
> RT> b.    the nature of subscriber and historical traffic 
> data that might be
> RT> requested, the information that might be provided as part of the
> RT> request, and the format in which the information can be provided;
>  
> RT> c.    the telecommunications interception warrant process;
>  
> RT> d.    identifiers for each service;
>  
> RT> e.    technical implementation facilities, and 
> interception product
> RT> delivery arrangements;
>  
> RT> f.    service level agreements; and
>  
> RT> g.    physical security arrangements and security 
> clearance requirements
> RT> for the handling of classified information.
>  
> RT> I would appreciate your advice of the most appropriate 
> point of contact
> RT> within your organisation. If you have any queries, please do not
> RT> hesitate to contact myself or <name withheld>, (xx) 
> xxxx.xxxx or email
> RT> her at: xxx at xx.xxx.xx
>  
> RT> Yours sincerely
>  
>  
> RT> Joan Sheedy
> RT> A/g Agency Coordinator.
>  
> RT> --- End Letter ---
>  
>  
> RT> Any comments on this? I'm not sure if I like what it's 
> implying.....
> 
> RT> Signed,
> RT> Steven Haigh
> RT> http://wireless.org.au
> RT> (Visit https://wireless.org.au to install our Root Certificate.)
> 


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