IP Address Blocking

Brendan Molloy made this Freedom of Information request to Australian Securities and Investments Commission

The request was successful.

From: Brendan Molloy

Delivered

Dear Australian Securities and Investments Commission,

I hereby request, under the Freedom of Information Act (1982), copies of the following:

a) Documents relating to the blocking of, filtering of or interference with the IP address 198.136.54.104, or any websites or services on said IP address; and
b) Documents relating to blocking of, filtering of or interference with any other website or IP address by ASIC.

I also make the application that all costs for the processing of this request be waived on the grounds that the release of this information is in the public interest, will enhance the transparency of the process and the public debate surrounding Internet censorship.

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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Cinematographer left an annotation ()

Q: Who can issue a Section 313 notice?

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Brendan Molloy left an annotation ()

A: Subsection 3 of s313 lets all "officers and authorities of the Commonwealth and of the States and Territories" make these requests.

http://www.austlii.edu.au/au/legis/cth/c...

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Henare Degan left an annotation ()

This request was mentioned in this article:

http://delimiter.com.au/2013/05/16/foi-r...

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From: Anne Gubbins
Australian Securities and Investments Commission


Attachment 20130521 Letter to Pirate Party Australia.pdf
149K Download View as HTML


Dear Mr Molloy,

Please find our correspondence attached.

Regards

Anne Gubbins  |  Senior Lawyer  |  Financial Services Enforcement |  ASIC 
|  ( +61 7 3867 4871  |  7 +61 7 3867 4800  |  *
[1][email address]

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This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

 

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From: Brendan Molloy

Delivered

Dear Ms Gubbins,

Could you please clarify for me if you find any issues with Part A of my request?

I will rephrase Part B:

b) Documents specifying any IP addresses or websites targeted by ASIC for interference, blocking or filtering by the use of s 313 of the Telecommunications Act, from September 2012 to 21 May, 2013.

I reiterate my request that all processing fees are waived as this information is in the public interest.

Thanks.

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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Steven Roddis left an annotation ()

Perhaps asking for:

A list containing:
Domains and IP addresses ASIC has discussed or proposed taking action under Section 313 and result (was it blocked or not)

may be easier for them?

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From: Anne Gubbins
Australian Securities and Investments Commission


Attachment 20130523 Letter to Pirate Party Australia acknowledge.pdf
92K Download View as HTML


Dear Mr Molloy,

Please find our correspondence attached.

Regards,
Anne Gubbins  |  Senior Lawyer  |  Financial Services Enforcement |  ASIC 
|  ( +61 7 3867 4871  |  7 +61 7 3867 4800  |  *
[1][email address]

From: Brendan Molloy <[FOI #114 email]>
To: Anne Gubbins <[email address]>
Date: 21/05/2013 05:15 PM
Subject: Re: Freedom of Information Request   [SEC=UNCLASSIFIED]

show quoted sections

    Please use this email address for all replies to this request:
    [FOI #114 email]
   
    Write your response as plain text. Only send PDF documents as a
    last resort. Government guidelines make it clear that PDF is not an
    acceptable format for you to use in the delivery of government
    information.
    [2]http://www.righttoknow.org.au/help/offic...
   
    Disclaimer: This message and any reply that you make will be
    published on the internet. Our privacy and copyright policies:
    [3]http://www.righttoknow.org.au/help/offic...
   
    If you find this service useful as an FOI officer, please ask your
    web manager to link to us from your organisation's FOI page.
   
    -------------------------------------------------------------------

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2. http://www.righttoknow.org.au/help/offic...
3. http://www.righttoknow.org.au/help/offic...

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From: Anne Gubbins
Australian Securities and Investments Commission


Attachment 20130614 Letter to Pirate Party Australia extension of time.pdf
46K Download View as HTML


Dear Mr Molloy,

Please find our correspondence attached.

Regards,

Anne Gubbins  |  Senior Lawyer  |  Financial Services Enforcement |  ASIC 
|  ( +61 7 3867 4871  |  7 +61 7 3867 4800  |  *
[1][email address]

Please consider the environment before printing this document

 

 

NOTICE

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

 

References

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1. mailto:[email address]

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From: Brendan Molloy

Delivered

Dear Ms Gubbins,

As I believe ample time has been given for what is a rather simple but very important request, I reluctantly consent to your request for an extension to 20 June, but I will not consent to any further extension requests.

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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From: Brendan Molloy

Delivered

Dear Ms Gubbins,

I note that this request is now overdue, even though I reluctantly consented to your request for an extension.

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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Brendan Molloy left an annotation ()

ASIC Drops The Ball: Section 313 FOI Request Delayed: http://brendan.so/2013/06/21/asic-drops-...

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From: Anne Gubbins
Australian Securities and Investments Commission

Dear Mr Molloy,

I advise that ASIC has applied for, and received, a further extension of
time until Friday, 28 June 2013 from the Office of the Australian
Information Commissioner in which to respond to your FOI request. A copy
of their email informing us of their decision is below for your
information. My apologies for the delay in notifying you of this decision.

Regards,
Anne Gubbins  |  Senior Lawyer  |  Financial Services Enforcement |  ASIC 
|  ( +61 7 3867 4871  |  7 +61 7 3867 4800  |  *
[1][email address]

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From: Brendan Molloy

Delivered

Dear Mr Gubbins,

Thanks for your response.

Would it be possible to advise me as to which provisions of the Act ASIC is seeking advice on?

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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From: Anne Gubbins
Australian Securities and Investments Commission

Dear Mr Molloy,

My apologies however I am not at liberty to provide you with this
information.

Regards,
Anne Gubbins  |  Senior Lawyer  |  Financial Services Enforcement |  ASIC 
|  ( +61 7 3867 4871  |  7 +61 7 3867 4800  |  *
[1][email address]

From: Brendan Molloy <[FOI #114 email]>
To: Anne Gubbins <[email address]>
Date: 21/06/2013 04:35 PM
Subject: Re: Fw: Extension of time request under s15AB  
[SEC=UNCLASSIFIED]

--------------------------------------------------------------------------

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This email message has been processed by MIMEsweeper
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    Dear Mr Gubbins,
   
    Thanks for your response.
   
    Would it be possible to advise me as to which provisions of the Act
    ASIC is seeking advice on?
   
    --
    Regards,
   
    Brendan Molloy
    Secretary
    Pirate Party Australia
   
   

show quoted sections

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From: Brendan Molloy

Delivered

Dear Ms Gubbins,

I am looking forward to receiving the documents today.

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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From: Anne Gubbins
Australian Securities and Investments Commission


Attachment 20130628 Letter to Pirate Party Australia decision.pdf
90K Download View as HTML


Dear Mr Molloy,

I am unfortunately currently having some difficulty with our scanner
however attached is an unsigned copy of my correspondence dated 28 June
2013. I will forward a signed copy to you for your records as soon as
circumstances permit.

Please let me know how you would like to receive the released documents.

Regards,
Anne Gubbins  |  Senior Lawyer  |  Financial Services Enforcement |  ASIC 
|  ( +61 7 3867 4871  |  7 +61 7 3867 4800  |  *
[1][email address]

From: Brendan Molloy <[FOI #114 email]>
To: Anne Gubbins <[email address]>
Date: 28/06/2013 01:47 PM
Subject: Re: Fw: Extension of time request under s15AB  
[SEC=UNCLASSIFIED]

--------------------------------------------------------------------------

***
This email message has been processed by MIMEsweeper
***
    Dear Ms Gubbins,
   
    I am looking forward to receiving the documents today.
   
    --
    Regards,
   
    Brendan Molloy
    Secretary
    Pirate Party Australia
   
   

show quoted sections

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From: Brendan Molloy

Delivered

Dear Ms Gubbins,

I do not require a signed copy of the PDF. The information is sufficient and I thank you for providing it.

I would much prefer that the documents were provided digitally, i.e. as an attachment sent via email to this address. Whether provided to me digitally or physically, these documents will ultimately be provided digitally for all to access in the end anyway.

While I would much prefer scanned attachments, if a digital option is not possible, please send the documents to:

Brendan Molloy
PO Box 527
Balgowlah NSW 2093

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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From: Anne Gubbins
Australian Securities and Investments Commission


Attachment 20130628 Letter to Pirate Party Australia decision.pdf
260K Download View as HTML

Attachment 20130628 Released documents Pirate Party Australia.pdf
1.1M Download View as HTML


Dear Mr Molloy,

As our scanner is now working, I attach a signed copy of my decision
letter dated 28 June 2013.

I also attach, as requested, an electronic copy of the released documents.

Regards,
Anne Gubbins  |  Senior Lawyer  |  Financial Services Enforcement |  ASIC 
|  ( +61 7 3867 4871  |  7 +61 7 3867 4800  |  *
[1][email address]

From: Brendan Molloy <[FOI #114 email]>
To: Anne Gubbins <[email address]>
Date: 28/06/2013 05:39 PM
Subject: Re: Fw: Extension of time request under s15AB  
[SEC=UNCLASSIFIED]

--------------------------------------------------------------------------

***
This email message has been processed by MIMEsweeper
***
    Dear Ms Gubbins,
   
    I do not require a signed copy of the PDF. The information is
    sufficient and I thank you for providing it.
   
    I would much prefer that the documents were provided digitally,
    i.e. as an attachment sent via email to this address. Whether
    provided to me digitally or physically, these documents will
    ultimately be provided digitally for all to access in the end
    anyway.
   
    While I would much prefer scanned attachments, if a digital option
    is not possible, please send the documents to:
   
    Brendan Molloy
    PO Box 527
    Balgowlah NSW 2093
   
    --
    Regards,
   
    Brendan Molloy
    Secretary
    Pirate Party Australia
   
   

show quoted sections

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From: Brendan Molloy

Delivered

Dear Ms Gubbins,

Thank you for providing the attachment. I note my request specified "Documents specifying any IP addresses or websites" of the request. It seems that the response only includes documents pertaining to IP blocking.

Is my understanding correct that no websites, in the sense of domains, have been blocked by ASIC, and only IP addresses? For example, no requests to block www.example.com but only address such as 1.2.3.4?

If the case is that specific website domains were not addressed as part of this request, I believe that has been overlooked and would consider this request incomplete.

I would much appreciate clarification of this, otherwise thank you for providing the documents.

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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From: Anne Gubbins
Australian Securities and Investments Commission

Dear Mr Molloy,

I confirm that all IP Blocking Requests issued by ASIC under section 313
of the Telecommunications Act referred only to IP addresses. I hope this
answers your query.

Regards,
Anne Gubbins  |  Senior Lawyer  |  Financial Services Enforcement |  ASIC 
|  ( +61 7 3867 4871  |  7 +61 7 3867 4800  |  *
[1][email address]

From: Brendan Molloy <[FOI #114 email]>
To: Anne Gubbins <[email address]>
Date: 28/06/2013 06:13 PM
Subject: Re: Fw: Extension of time request under s15AB  
[SEC=UNCLASSIFIED]

--------------------------------------------------------------------------

***
This email message has been processed by MIMEsweeper
***
    Dear Ms Gubbins,
   
    Thank you for providing the attachment. I note my request specified
    "Documents specifying any IP addresses or websites" of the request.
    It seems that the response only includes documents pertaining to IP
    blocking.
   
    Is my understanding correct that no websites, in the sense of
    domains, have been blocked by ASIC, and only IP addresses? For
    example, no requests to block [2]www.example.com but only address such
    as 1.2.3.4?
   
    If the case is that specific website domains were not addressed as
    part of this request, I believe that has been overlooked and would
    consider this request incomplete.
   
    I would much appreciate clarification of this, otherwise thank you
    for providing the documents.
   
    --
    Regards,
   
    Brendan Molloy
    Secretary
    Pirate Party Australia
   
   

show quoted sections

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From: Brendan Molloy

Delivered

Dear Ms Gubbins,

Unfortunately, that tautology does not answer my query. I am aware that an IP blocking request includes only an IP address. My FOI request however was broader than just IP blocking.

I refer to Part B of my request:

Documents specifying any IP addresses or websites targeted by ASIC for
interference, blocking or filtering by the use of s 313 oåf the
Telecommunications Act, from September 2012 to 21 May, 2013.

Note that I ask for websites, not just IP addresses. I am asking specifically: during your search for documents, did you consider documents referring to websites, not just IP addresses?

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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From: Anne Gubbins
Australian Securities and Investments Commission

Dear Mr Molloy,

I confirm that in determining which documents were relevant to your
request, I took into consideration your request for documents referring to
websites, not just IP addresses.

Regards,
Anne Gubbins  |  Senior Lawyer  |  Financial Services Enforcement |  ASIC 
|  ( +61 7 3867 4871  |  7 +61 7 3867 4800  |  *
[1][email address]

From: Brendan Molloy <[FOI #114 email]>
To: Anne Gubbins <[email address]>
Date: 28/06/2013 06:31 PM
Subject: Re: Fw: Extension of time request under s15AB  
[SEC=UNCLASSIFIED]

--------------------------------------------------------------------------

***
This email message has been processed by MIMEsweeper
***
    Dear Ms Gubbins,
   
    Unfortunately, that tautology does not answer my query. I am aware
    that an IP blocking request includes only an IP address. My FOI
    request however was broader than just IP blocking.
   
    I refer to Part B of my request:
   
    Documents specifying any IP addresses or websites targeted by ASIC
    for
    interference, blocking or filtering by the use of s 313 oåf the
    Telecommunications Act, from September 2012 to 21 May, 2013.
   
    Note that I ask for websites, not just IP addresses. I am asking
    specifically: during your search for documents, did you consider
    documents referring to websites, not just IP addresses?
   
    --
    Regards,
   
    Brendan Molloy
    Secretary
    Pirate Party Australia
   
   

show quoted sections

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From: Brendan Molloy

Delivered

Dear Ms Gubbins,

Thank you very much for that clarification.

Enjoy your weekend. :)

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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Things to do with this request

Anyone:
Australian Securities and Investments Commission only: