UNCOMFORTABLE BEDFELLOWS: PRIVACY PROTECTION AND LAWS TO PROTECT AGAINST CYBERCRIME AND TERRORISM

摘要

In considering the appropriate balance between laws protecting privacy and those providing protection against online terrorism and crime, it is interesting to note just how much has changed in as short a time as 20 years. 20 years ago, the legislative environment in Australia was a much simpler affair. But then, so was the business and commercial environment. There was, at least as far as the public was concerned, one government owned carrier - Telecom. Two other government owned entities were responsible for international and satellite services, but, they had dealings with Telecom, not with the public. There were no carriage service providers (ie, no resellers) and there were certainly no internet service providers. Most households had a telephone, a television set and a radio. On the legislation front, there was a Telecommunications Act 1975, the Wireless Telegraphy Act 1905 and the Broadcasting Act 1942. There was a Telecommunications (Interception) Act 1979 which prohibited not only the interception of communications passing over a telecommunications system, but, in addition, the unauthorised inspection of telegrams. In any event, it was quite a short little Act - 18 pages in all. There was no privacy legislation. To the present. The Australian Communications Authority (ACA) expects to issue its 100th carrier licence in the current financial year. The number of carriage service providers including ISPs is not known with certainty as such entities are not required to be registered or licensed. However, carriage service providers and ISPs are required to be members of the Telecommunications Industry Ombudsman (TIO) Scheme. Currently, there are over 1000 members of the scheme. Many households have not only television, radio and telephone, but mobile phones and computers. If there is no access to the internet at home, it is generally available at school, at work or from internet cafes. Certainly, most businesses use the internet and rely increasingly on electronic communications.