[LINK] unlawful interception of internet traffic?

Adam Todd link at todd.inoz.com
Thu Dec 7 22:17:56 AEDT 2006

At 05:41 PM 7/12/2006, Craig Sanders wrote:
>On Thu, Dec 07, 2006 at 04:50:52PM +1100, Eric Scheid wrote:
> > On 7/12/06 3:38 PM, "Craig Sanders" <cas at taz.net.au> wrote:
> >
> > > i'm pretty sure that all of this is actually illegal because it's an
> > > unlawful interception of communications traffic....and while the IP
> > > address blocking may be a squirmable grey-area (at least according to
> > > a lawyer's infinitely flexible connection with reality), the actual
> > > interception of DNS traffic and providing false responses is a clear-cut
> > > infringement that they can't even pretend is OK.
> >
> > Are they actually intercepting DNS traffic, or are they hosting domain
> > records on their DNS servers?
>intercepting. both, actually. they intercept the DNS traffic and provide
>false records from their own server.

Nope, fails on all counts.  Sorry this has been LONG tested and determined 
in three cases that have been before the NSW Supreme Court.

User can always choose to use another DNS server and obtain data.  It may 
also be different.

There is no law requiring a DNS server run by a service provider to give 
answers that are the same as any other DNS server.  In fact to do such 
would be a restrictive trade issue and a $10 million fine under Trade 

The solution is simple.  Change ISPs if you don't like the service they offer.


> > To test ... if you set your DNS lookup to come from elsehwere (avoiding
> > using the ISP's DNS resolvers) .. do you now get the correct results?
>yes.  i've already tried this.
>i don't use their name servers. i run my own nameserver, and don't use
>them as a forwarder.

To which case, you have no claim and you have admitted you are not affected.

> > The point being: would that be "interception"?


Interception is deliberately taking something from between the source and 
destination.  If you are using their name servers by choice or default or 
auto configuration, it's not interception.

Craig, get off your high horse.  You are speaking foolishly like usual.

>they're diverting DNS traffic for the rival ISP's nameserver to their
>own nameserver so that they can provide false responses to any queries.
>if that isn't "interception" then i don't know what is.

There is nothing wrong with that.  If you don't like the data that the ISPs 
server is giving you, change servers or ISPs.

More information about the Link mailing list