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

[sanbar]

AANAL, but I believe the A-G's department should not be contacting
Melbourne Wireless on behalf of all its members. They should be
contacting the individuals who plan to put up an AP. They are providing
access, they may have some legal onus to keep logs and cooperate with
authorities where deemed necessary. Melbourne Wireless is just a conduit
for likeminded people and has no control over what its members do with
their service. Melbourne Wireless does not own or run any of the
infrastructure. In this scenario, imho the Act should not apply to
Melbourne Wireless.
Maybe it would be wise to get legal counsel on this one. I'd certainly
recommend it before committing to anything.
- Barry

On Tue, 2002-11-12 at 19:53, Steven Haigh 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.
> 

-- 

barry park
http://wireless.bur.st ||| community wireless project
http://melbourne.wireless.org.au ||| melbourne wireless node bca
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