[LINK] From the data retention hearings

[Jan Whitaker]

Some snippets from morning session

- ASIO wanted data held longer
- Ruddock (bless him -- not) asks what would be the cost of holding longer ==!! These are bureaucrats at the table, no ISPs. They would have ZERO clue, so take any answer at grain of salt.
- AG lady: "There is no requirement in the bill to destroy data after two years"! So, the privacy principle of holding no longer than necessary does not have any limiting power. Oh great.

Interesting: 
Dreyfus raised the 'how' data is kept. AG lady says there is no definition of the 'how'.
IDEA: Telcos keep it but encrypt it. 

also, Dreyfus asks essentially how they (AGs???) are determining what current retention practices are already in place, ie. an audit or baseline for each provider. Good point. How many telecom providers are there now? hundreds? Who would be doing this at all? Whose responsibility would it be? That's me thinking aloud.

Small business impact is HUGE.
They are going to require essentially a MITM for all communications. Full stop.

The Data Retention Implementation Working Group --- has ZERO representation by small or medium service providers. Just law enforcement, govt depts, and the giants.

The govt's draft data set:
http://www.ag.gov.au/NationalSecurity/DataRetention/Documents/ProposeddatasetOctober2014.pdf

The argument that they aren't storing any more than they do now doesn't wash. It's contradictory of their other argument that the provider holdings aren't consistent. 

AFP storage is irrelevant. They aren't going to store it centrally -- it's the smaller operator that increases the risk who aren't already storing beyond a few months.

Crime, security and "the money collected" for government -- and now kidnapping persons. I've heard all these as reasons for access. The goal posts change on who is answering.

Despite what Brandis said about this regime only applying to "serious" crime, the current access is NOT restricted to that level, but is to *any* criminal law, as well as protecting the public revenue and those with pecuniary penalities. 

There was also discussion about limiting to ONLY govt agencies, and not just 'any' group. That would probably eliminate the RSPCA.

Jan





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