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This email has been Faxed to the Chancellor of the University of Sydney, 
Her Excellency Professor M. BASHIR AC CVO.

Over the past four weeks the Senior Officers listed on the Universities 
Australia web-site have been sent the emails as "Parents & Residents" 
detailing Public Concern over Council web-sites and the apparent deliberate 
avoidance of how to minimise Rate-payer costs.

The Question for the Council Meeting Tue 07 Apr 2009 on Mosman 
Greenhouse Gas Reduction Plan [GGRP] can be reviewed here

NB  Two websites www.ksas-au.net and www.smeems.net were
unlawfully shut-down without Notice on Tue 10 Mar 2009 by the US
Internet Service Provider [ISP] www.brinkster.com

This occurred after an email was distributed about a committee to 
evaluate the proposed new contract for "Software-as-a-Service [SaaS]
for the Shorelink Library Network.
(Ref: AASAC8E1.htm)

This contract had been awarded to an outsourced US based "Managed 
Services" company.

This contract had been awarded without going to Tender which is in breach
of the Local Government Act.

www.brinkster.com happens to provide "Managed Services" hence our 
concern that Councils and Rate-payers can be held to Ransom by these
overseas ISPs

Mon 30 Mar 2009				Recipient: 612USa11
TO: 	Her Excellency Professor M. BASHIR AC CVO 
	Chancellor			F: {61}(2)9351-5705
	UNIVERSITY OF SYDNEY	cc	Concerned Residents


Dear Chancellor

Further to our letter Wed 25 Mar 2009 this letter is to propose, with
reasons and evidence, that Australian Universities should become the 
Internet Service Providers [ISP] for Council Communities.

a	Governance and Probity Issues

Australia has been at the forefront of Governance and Probity issues 
for a number of years with legislation that refers to Electronic 
Trading including the 1999 Federal Electronic Transaction Act [ETA1], 
2000 NSW Electronic Transaction Act 2003 [ETA2] and the 2003 Spam Act.

These Acts established Due Diligence processes and organisations like 
the Telecommunications Industry Ombudsman [TIO] to ensure that the 
Public are protected in Australia.

Unfortunately the majority of ISPs are not based in Australia probably 
because of the cost of compliance with Australian legislation.

b	Sustainability and Legal Quagmires

Please find attached a very recent example where a USA based ISP stole 
without giving any notice 7 years Intellectual Property and the details 
of over 400 Australian Councils on an allegation of Spam.

In 2001 a NSW Organisation was commissioned by the Federal Department of
Employment, Workplace Relations and Small Business [DEWRSB] to develop 
Intellectual Property to assist NSW Councils provide Electronic 
Delivery Services [EDS] {Att A}.

Part of that 2001 Contract was to 

"3	Develop Business Modelling Tools that agencies could use to assess 
	the viability of Electronic Service Delivery [ESD] Applications"

After an extensive international evaluation of ISP capabilities a US ISP
was selected and Australian Council information was stored on that ISP 
because in 2001 Australian ISPs could not provide the services required.

The ISP is based in Phoenix Arizona and has 3 Directors listed on the 

The web-site states it has "2 million free, over 40,000 paid customers 
in 175 Countries" {Att B}

Brinkster is now involved "Corporate Social Responsibility"
which includes

1	Partnerships with Charities
2	Non-Profit Web Hosting Network
3	Environment
4	Global Social Responsibility Web Hosting

Unfortunately none of that requires them to comply with the Law !

A letter to Jared STAUFFER Chairman and Chief Executive Officer [CEO] 
resulted in email from the Billing Clerk stating that the two sites had
been closed down permanently without notice {Att C}. 

"Those that have complained reside in different countries.

Due to privacy laws I (the Billing Clerk) am unable to say the names of 
those who complained of unsolicited email".

It had already been pointed out that both the "USA Can-Spam Act 2003" 
and the "Australian Spam Act 2003" stated Spam was "unsolicited Commercial 
email" not emails in the Public Interest.  

Hence it appears that the details of 400 Australian Councils and 7 years 
Australian Intellectual Property including 3 years in Sustainability issues
is now owned by the US ISP

It appears that Sustainability issues are proving to be a Gold-mine for 
council legal departments, community groups and  law firms judging by the 
68 names listed in the "Gila River Indian Community Water Rights Settlement"
dated 23 Jan 2009 {Att D}.


We would appreciate the meeting with yourself to discuss how Australian 
Universities can fulfill the role of Internet Service Providers [ISP] 
for Local Government Agencies.
Thank you.				

Yours sincerely				

Official Agent 				

E: 	san.CITGovernance@gmail.com 
M:	0416-009-468


A	2001/03/26 Details Federal Objectives with Electronic Service Delivery [ESD]

B	Brinkster Directors - customers in 175 Countries

C	2009/03/10 Letter from Brinkster (ISP) Billing Clerk

D	2009/01/23 Gila River Water Rights 68 legal names


Some of the responses on Council Economics can be reviewed on
"Residents' Issues of Concern"

The Background to the 3 Mosman Candidates from the "Sustainability 
Action Network [SAN]" can be reviewed on here


The Australian Spam Act 2003 was reviewed in detail at the OIC
seminar on 26 May 2005

The Australian Spam Act 2003 refers to Spam as "unsolicited
commercial emails".   

Emails in the Public Interest such as this email are not classified 
as "unsolicited commercial emails" hence do not require an 
unsubscribe  option.

None of the email addresses were purchased and were collected 
according to the proper processes outlined in the Australian Spam 
Act 2003.
[ Home ] [ KSAS-2088 ] [ Index-Council Letters ] [ Previous Letter ] [ Next Letter ] [ KSAS-Au Sponsorship ] [ Index Gap Issues ] [ Copyright ]

Revised: S: 13:57 Sat 2004/10/23 Syd 2065
F: 14:17 Sat 2004/10/23 Syd 2065
Who: aer
Authorised: sgg
Created: 11:00 Sat 2004/10/23 Syd 2065
By: kmb
Revision: 3a4h1.002
Original Page: 3a4h
Change date: