Re: Recording of Telephone Calls.

Paul Montgomery (monty@knapp.com.au)
Fri, 02 Oct 1998 14:22:40 +1000

Jan Whitaker wrote:
>
> In line with Stewart's question about not passing along details except to
> other carriers, has it been determined that ISPs are carriers and come
> under the Telecom Act, and therefore are required by law to protect
> customer details and communications privacy?

IANAL, but I remember reading that ISPs are considered "carrier service
providers" in the Telco Act 1997.

> An ISP CEO told me that last week, and I questioned his assumption. If it
> is required, then why can other ISPs publish stupid statements about no
> observation of customer privacy of their details or their electronic
> materials passed through or stored on that ISPs equipment? I don't think
> it can be both ways.

According to the Telecommunications Legislation Amendment Act 1997, ISPs
are required to allow police and other agencies (read AFP, ASIO, DSD et
al) to tap their transmissions. In fact, the ISP has to provide a point
from which the police can get decoded information, at the ISP's expense.
This has effectively meant that if ISPs were providing a virtual private
network or other encrypted connection as part of their carriage service,
they would have to decrypt those transmissions at their own expense if a
copper wanted them to.

-- 
Paul Montgomery, features editor for Image & Data Manager and assistant
editor for Internet World. Lives like a JavaBean. Mikey Robbins for PM!
Tel: +61 2 9318 2644.  Fax: +61 2 9310 4608.  mailto:monty@knapp.com.au
http://australia.internet.com   “I am a railroad track abandoned.” (JB)