[Note: The below is an attachment to complaints sent to the Federal Privacy Commissioner and the Australian Communications Authority on 28 July 2003. Although the below MoU indicates the CND Code permits disclosure of blocked calling number information to ISPs, the complainants believe the Code does not.]

Attachment 7

The following is a copy of a document provided by an ISP owner who received it from OzDial Pty Ltd in 2002. OzDial is a reseller of Comindico dial-in ports to other ISPs.

MEMORANDUM OF UNDERSTANDING FOR THE USE OF CND ON THE COMINDICO / OZDIAL NETWORKS.

Calling Number Display (CND) is one of a range of Calling Line Identification (CLI) based services. CLI is information that is generated by the network at the time a telephone call is established, and includes among other things, the calling party's phone number.

As we work closely with the Comindico carrier network, we have full access to CND information. This includes the CND from subscribers who have preselected to hide their CND and those who have dialled the blocking code.

The CND information we provide must be used in accordance with the appropriate Industry code. In Summary you can use the CND information for billing, fraud prevention and credit control. You must not make the CND information available to a third party.

You must familiarise yourself with the CND industry code and abide by it, specifically note Section 6 of the code which outlines your obligations in relation to use of CND.

Web Resources:

ACA Report on Calling Number Display
http://www.aca.gov.au/consumer/reports/cnd/

ACIF Industry code for Calling Number Display
http://www.aca.gov/codes/c522.pdf

ACA Consumer fact sheet on CND
http://www.aca.gov.au/consumer/fsheets/consumer/fsc39.htm

When someone dials in, we can see the number... it might be blocked... but we still get to see it. The law states that this number cannot be seen between users however, if an irresponsible isp publishes it externally (website, discussions with third parties), can be litigated against.