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Roger Clarke's 'Second-Party Exposure - iinet

Internet Users' Second-Party Exposure
Detailed Analysis - 3: iinet

Version of 24 December 2010

Roger Clarke **

© Xamax Consultancy Pty Ltd, 2010

Available under an AEShareNet Free
for Education licence or a Creative Commons 'Some
Rights Reserved' licence.

This document is at http://www.rogerclarke.com/EC/IU-SPE-A3-iinet.html


Detailed Analysis

Nothing was apparent in the Terms that would provide iinet with any rights in relation to information lodged with it for transmission or web-hosting.

The Terms can be unilaterally amended. However:

Users are at risk of iinet taking advantage of users' content under the following circumstances:


Extracts from the Terms of Service

Terms at http://www.iinet.net.au/legal/cra_full_ii.pdf, dated November 2010

Mirrored at http://www.rogerclarke.com/EC/IU-SPE-T-iinet.pdf

Terms of 13 December 2010, mirror downloaded 14 January 2011

Changes to Our Customer Relationship Agreement

1.3 In this fast moving industry, we may need to change the CRA from time to time. This may be done without your agreement.

If we make any change which will be detrimental to you, we will notify you at least 30 days before the proposed change takes effect, by notifying you directly, in accordance with the provisions of the Telecommunications Act 1997 and the Telecommunications Consumer Protections Code C628:2007

We may notify you directly by:

(a) mail (to the last address that you have given to us);

(b) email (to the last email address that you have given to us and provided you have agreed for us to tell you about changes to our CRA by email); /or

(c) a message on your next bill.

We will also provide notice of the change on our Website.

1.5 You acknowledge and agree that our obligation to give you 30 days notice of our proposed changes and to afford you a right to cancel the Service in accordance with clause 1.4 will not apply in relation to:

[5 operational and commercial circumstances]

Where practicable to do so, we will give you reasonable notice of the changes referred to in this clause 1.5 by one of the methods of giving notice listed in clause 1.3.

[This clause refers to the Telecommunications Consumer Protections Code C628:2007, but no other clauses do.]

The sole mention of use of the user's content is in the provisions relating to the Online Vault service. There appears to be no Term that provides iinet with any rights to use the user's content for its own purposes (not even as technically necessary to deliver the service).


Author Affiliations

Roger Clarke is Principal of Xamax Consultancy Pty Ltd, Canberra. He is also a Visiting Professor in the Cyberspace Law & Policy Centre at the University of N.S.W., and a Visiting Professor in the Department of Computer Science at the Australian National University.



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The content and infrastructure for these community service pages are provided by Roger Clarke through his consultancy company, Xamax.

From the site's beginnings in August 1994 until February 2009, the infrastructure was provided by the Australian National University. During that time, the site accumulated close to 30 million hits. It passed 50 million in early 2015.

Sponsored by Bunhybee Grasslands, the extended Clarke Family, Knights of the Spatchcock and their drummer
Xamax Consultancy Pty Ltd
ACN: 002 360 456
78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 6916

Created: 9 December 2010 - Last Amended: 24 December 2010 by Roger Clarke - Site Last Verified: 15 February 2009
This document is at www.rogerclarke.com/EC/IU-SPE-A3-iinet.html
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