[Politech] Australia's federal parliament considers anti-spyware legislation [priv]

From: Declan McCullagh (declan@private)
Date: Mon Oct 17 2005 - 16:00:04 PDT


For your linking pleasure, I've placed the PDF that Adrian sent me here:
http://www.politechbot.com/docs/au.spyware.bill.101705.pdf

Here are two columns I've written about the problems of U.S. 
"anti-spyware" legislation:
http://news.com.com/2010-1071_3-5892166.html
http://news.com.com/2010-1071_3-5690270.html

One thing I noticed based on a very quick read of the Australian 
legislation is that it seems to contain no exemption for police 
installation of key loggers. That could be entertaining if a Scarfo-like 
prosecution yields prison time for police.

Also it may prohibit workplace monitoring, at least if the electronic 
equipment is not owned by the employer (the network security limitation 
is not broad). And I'd guess that some companies let people bring their 
own laptops to work.

-Declan

-------- Original Message --------
Date: Tue, 18 Oct 2005 07:57:13 +1000
From: Adrian McCullagh <a.mccullagh@private>
Organization: Information Security Research Centre
To: 'Declan McCullagh' <declan@private>

Dear Declan,

I thought your readers might be interested in that in Australia there is a
new Spyware Bill before our Federal Parliament.  It is controversial in some
aspects.  Attached is a copy.  I am presently doing any analysis for m law
firm Phillips Fox.
Attached is a copy of the proposed legislation.

Dr. Adrian McCullagh
Adjunct Professor
Telecommunications and Secure Electronic Business Law
Information Security Institute
Queensland University of Technology
126 Margaret Street
Brisbane, 4000
Australia;
Tel: 61 (0)7  3864 9555  ( Wed, thur, Fri)
Special Counsel
Phillips Fox Lawyers
Tel:  61 (0)7 3246 4052 (Mon, Tue)


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