[LINK] Transparent Proxy Server and Privacy

[Irene Graham]

On Thu, 09 Nov 2006 01:42:10 +1100, Adam Todd wrote:
> 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.  

I disagree, the "relates to" is imo definitely relevant (and I also agree 
with what Karl said).

>They are just "logs" of an event that has occurred.

Would you like to argue then that that the records a telephone company 
holds of the dates, time, and telephone numbers you have called "are just 
logs of an event" and therefore not covered by s276 of the Telec. Act. If 
you would then you will be constructing an argument that is wrong because 
such records are 100% certainly covered by s276.

Perhaps it would have been better if I had quoted the whole of s276(1)(a) 
instead of minimising reading material:

276(1) An eligible person 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
(ii) the contents or substance of a communication that is
being carried by a carrier or carriage service provider
(including a communication that has been collected or
received by such a carrier or provider for carriage by it
but has not been delivered by it); or
(iii) carriage services supplied, or intended to be supplied, to
another person by a carrier or carriage service provider;
or
(iv) the affairs or personal particulars (including any
unlisted telephone number or any address) of another
person; and
(b) comes to the person’s knowledge, or into the person’s
possession:
 [in their capacity as a CSP, employee thereof, contractor thereto, etc]"

If and I say if, it could be successfully argued that s276(1)(a)(i) is not 
sufficiently applicable, go to "relates to" (iii) and (iv).

Irene