Can a NZ ISP look at your internet traffic?

By Shiny

Can your ISP look at your internet traffic??

And if an ISP cannot legally look at your traffic, how can they ever be sure or the merits of even one accusation?

(Credit to pruby for alerting me to this section of the crimes act)

Crimes Act Part 9A Crimes against personal privacy

216B

Prohibition on use of interception devices

(1) Subject to subsections (2) to (5), every one is liable to imprisonment for a term not exceeding 2 years who intentionally intercepts any private communication by means of an interception device.

(2) Subsection (1) does not apply where the person intercepting the private communication—
(a) Is a party to that private communication; or
(b) Does so pursuant to, and in accordance with the terms of, any authority conferred on him or her by or under—
(i) Part 11A of this Act; or
(ii) [Repealed]
(iii) The New Zealand Security Intelligence Service Act 1969; or
(iiia) the Government Communications Security Bureau Act 2003; or
(iv) The Misuse of Drugs Amendment Act 1978; or
(v) The International Terrorism (Emergency Powers) Act 1987.

(3) Subsection (1) of this section does not apply to the interception by any member of the Police of a private communication by means of an interception device where—
(a) An emergency has arisen in which there are reasonable grounds for believing that any person (in this section referred to as the suspect) is threatening the life of, or serious injury to, any other person in his presence or in the immediate vicinity; and
(b) The use of the interception device by that member of the Police is authorised by a commissioned officer of the Police who believes on reasonable grounds that the use of the interception device to intercept any private communication to which the suspect is a party during the emergency will facilitate the protection of any person who is threatened by the suspect.

(4) Subsection (1) does not apply to monitoring prisoner call under section 113 of the Corrections Act 2004.

(5) Subsection (1) does not apply to the interception of private communications by any interception device operated by a person engaged in providing an Internet or other communication service to the public if-
(a) the interception is carried out by an employee of the person providing that Internet or other communication service to the public in the course of that person's duties; and
(b) the interception is carried out for the purpose of maintaining that Internet or other communication service; and
(c) the interception is necessary for the purpose of maintaining the Internet or other communication service; and
(d) the interception is only used for the purpose of maintaining the Internet or other communication service.

(6) Information obtained under subsection (5) must be destroyed immediately if it is no longer needed for the purpose of maintaining the Internet or other communication service.

(7) Any information held by any person that was obtained while assisting with the execution of an interception warrant must, upon expiry of the warrant, be —
(a) destroyed immediately; or
(b) given to the agency executing the warrant.

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2 comments

By Stephen (not verified)
1 year 3 weeks ago

Argh, I almost wish you

Argh, I almost wish you hadn't pointed that out. I foresee an emergency amendment to the Crimes Act to make that possible...

By Mike (not verified)
1 year 3 weeks ago

Hmmm... Can ISP's actually

Hmmm... Can ISP's actually use traffic shaping legally as well????

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