[LINK] Transparent Proxy Server and Privacy

[Adam Todd]

At 07:56 AM 7/11/2006, Tech Support wrote:
>A number of ISP's run transparent proxy servers .

Yes pain in the a*** to be honest.  The user aside, but for the ISP too.

>One ISP that I know of recently has introduced a transparent proxy server
>where previously one of the selling points of the ISP was NO proxy server
>and that is the condition that many users signed up to the ISP on.
>
>The users have not been notified about the proxy server and the implications
>( both good and bad ).
>
>Considering the information that can be gleaned from the proxy logs
>regarding any persons browsing habits is the introduction of said proxy
>
>a ) Legal ( considering that users have not been told about its
>introduction ) ?

If the contract terms and conditions specifically say no transparent proxy 
servers, then yes it may be a breach of the agreement and an actionable cause.

>b) Breaking any laws with respect to privacy of the user's web browsing
>habits ?

Nope.  The users can not take a private cause of action against the ISP for 
invasion of privacy as there is currently no Tort for privacy in 
Australia.  The privacy Act does not allow a private cause of action.  IT's 
merely a "gentlemens agreement" passed to look like Law that has no benefit 
to 20,000,000 Australians who believe it's something it's not.

But then most Australians believe that Police can come into your home or 
office with a search warrant and that's not true.  Just tell them to leave 
and they have to.

>c) What are the legal requirements ( regarding privacy of users) of the ISP
>especially with the generated logs ?

There are none.

>I have an opinion on the matter however opinion does not equal law so
>therefore I am asking far more experienced persons than myself .

I hope that helps.