[LINK] Transparent Proxy Server and Privacy

[Adam Todd]

At 12:53 AM 9/11/2006, Irene Graham wrote:
>On Tue, 7 Nov 2006 06:56:26 +1000, Tech Support wrote:
>
> > c) What are the legal requirements ( regarding privacy of users) of the
> > ISP especially with the generated logs ?
>
>The content of the proxy logs would be protected information under the
>Telec Act. Imo, it unquestionably meets the description of such information
>in s276 of the Telec. Act.
>
>"276 Primary disclosure/use offence—eligible persons
>(1) An eligible person [includes ISP] must not disclose or use any
>information or document that:
>(a) relates to:
>(i) the contents or substance of a communication that has
>been carried by a carrier or carriage service provider; or... "
>
>"communications includes any communication:
>(a) whether between persons and persons, things and things or
>persons and things; and
>(b) whether in the form of speech, music or other sounds; and
>(c) whether in the form of data; and
>(d) whether in the form of text; and
>(e) whether in the form of visual images (animated or
>otherwise); and
>(f) whether in the form of signals; and
>(g) whether in any other form; and
>(h) whether in any combination of forms."

Irene, I'd be hard pressed agreeing that log files form a part of the 
contents or substance of a communication.

They are neither the contents of, nor the substance of.  They are just 
"logs" of an event that has occurred.

The log file itself doesn't contain the communication.  That's going to be 
the key definition.

I guess you could submit and argue along the words "relates to" (in (a)) 
but to be honest, I think that's pretty weak.

Mind you this has me thinking.  I might be able to test this in the Supreme 
Court early next week or the week after.  Let me think about that for a bit.

I know I can test this in the Court of Appeal next year.

>(NB: None of the above should be taken to imply that I consider the current
>legislative situation in relation to use or disclosure of proxy log
>information satisfactory.)

<smile> Yeah strongly agree on that.  The legislation is a long way off 
being useful in all circumstances and is ridiculously limiting in all other.