[LINK] Government could demand Web history

[Richard Chirgwin]

Kim, which of the known facts supports that statement? It looks to me 
like a bit of writer's license...

Yes, the proposal is objectionable, but I consider it important to work 
with facts rather than screaming 72-point tabloid headlines.

The EDD requires storage - but access to the stored data requires a 
court order.

Moreover, we have a repeated journalistic assertion that web browsing 
history and e-mails are to be stored, even though:
1. The EDD, which is supposed to be the basis of the consideration, does 
not ask for the storage of communication content; and
2. The AG department says it's not considering the content of the 
communications.

I would criticise Dylan Welch for jumping off the edge of Telegraph 
Gorge on this story - except that everyone else seems to be doing the 
same thing. The extent of the proposed storage is a central fact of the 
story, and nobo^h^h^h^h nearly nobody seems to care whether they report 
it right or not.

RC

Kim Holburn wrote:
> Note: "and they don't want to have to apply to a court to get it."
>
>
> http://www.theage.com.au/technology/technology-news/big-brother-wants-all-your-bits-and-bytes-20100611-y3p3.html
>
>   
>> Big brother wants all your bits and bytes
>> DYLAN WELCH June 12, 2010
>> THE federal government wants your personal internet data, and they  
>> don't want to have to apply to a court to get it.
>>
>> Revelations that the federal government wants Australia's 400-odd  
>> internet service providers (ISPs) to log and retain customers'  web  
>> browsing data, so law enforcement can access it during criminal  
>> cases, have sparked alarm in the industry.
>>
>> Currently law enforcement needs court-approved search warrants  
>> before they can record someone's personal data via their ISP. The  
>> proposed regulation would mean companies would be forced to store  
>> certain information for several years just in case it was later  
>> needed.
>>
>> ''Once you store that information you increase the risk of abuse,''  
>> a source who works for an ISP said.
>>
>> ''We can put our hands on our hearts and say we're good guys and we  
>> don't do anything wrong, but can we say that of every other player  
>> in the market?'' the source said. ''Compliance would be a big  
>> question.''
>>
>> The proposed regulation was broached with industry late last year  
>> during consultations with the Attorney-General's Department and is  
>> believed to still be in its early stages.
>>
>> The spokesman for internet rights group Electronic Frontiers  
>> Australia, Geordie Guy, said it was ironic that the government was  
>> trying to encourage ISPs to retain data at the same time that it was  
>> chastising Google for doing a similar thing.
>>
>> ''The Attorney-General's Department has instructed the AFP to look  
>> at Google and their conduct in terms of sniffing wireless data … how  
>> they can expect to have any credibility when they are looking at  
>> instructing ISPs to do exactly the same thing, I'm not sure,'' Mr  
>> Guy said.
>>
>> The government's plans were revealed yesterday in an article by  
>> online tech magazine ZDNet.com.au.
>>
>> Australia is not the first country to consider compulsory data  
>> retention for its ISPs, and in 2006 the European Union adopted a  
>> policy that required some states to retain data for between six and  
>> 24 months.
>>
>> The Attorney-General's Department yesterday confirmed in a statement  
>> it was looking at the new regulation.
>>
>> ''The Attorney-General's Department has been looking at the European  
>> Directive on Data Retention, to consider whether such a regime is  
>> appropriate within Australia's law enforcement and security context.''
>>
>> A spokesman for the Attorney-General, Robert McClelland, denied they  
>> would be looking to capture browsing history or data within  emails.
>>
>> ''The consultations relate to the information to identify the  
>> participants in crime networks and terrorist organisations,'' he  
>> said. ''It does not include the content of a communication.''
>>
>>     
>
>
> http://apcmag.com/govt-may-record-users-web-history-email-data.htm
>
>   
>> BREAKING: Govt wants access to your emails, browsing history
>>
>> Renai LeMay11 June 2010, 2:32 PM
>> The Fed Govt is considering forcing Australian ISPs to retain data  
>> on how Australian citizens are using the internet, such as their  
>> sent and received email and browsing history.
>>
>> The Federal Government has confirmed it is considering a policy  
>> requiring Australian internet providers to retain precise data on  
>> how their users are using the internet, with the potential to  
>> include information on emails sent and — reportedly — their web  
>> browsing history.
>>
>> “The Attorney-General’s Department has been looking at the European  
>> Directive on Data Retention, to consider whether such a regime is  
>> appropriate within Australia’s law enforcement and security  
>> context,” a spokesperson for the department confirmed via email  
>> today. “It has consulted broadly with the telecommunications  
>> industry.”
>>
>> The spokesperson’s confirmation was also contained in a report by  
>> ZDNet.com.au (which broke this story), which stated that ISP  
>> industry sources had flagged the potential for the new regime to  
>> require ISPs to record each internet address (also known as URL)  
>> that an internet user visited.
>>
>> APC has contacted spokespeople from major ISPs such as Telstra,  
>> Optus, iiNet, Internode and Adam Internet to ask for a response on  
>> the matter, as well as the Internet Industry Association, a group  
>> which represents the ISPs. The office Communications Minister  
>> Stephen Conroy and the office of Attorney-General Robert McLelland  
>> have also been contacted for comment on the matter.
>>
>> The European Directive on Data Retention (2006) requires  
>> communications providers to retain a number of categories of data  
>> relating to their users.
>>
>> Broadly speaking, they must retain data necessary to trace and  
>> identify the source, destination, date, type, time and duration of  
>> communications — and even what communication equipment is being used  
>> by customers and the location of mobile transmissions.
>>
>> According to the directive, where internet access is concerned, this  
>> means the ISPs must retain the user ID of users, email addresses of  
>> senders and recipients of email, the date and time that users logged  
>> on and off from a service, and their IP address — whether dynamic or  
>> static applied to their user ID.
>>
>> For telephone conversations, this means the number from which calls  
>> were placed and the number that received the call, the owner of the  
>> telephone service and similar data such as the time and date of the  
>> call’s commencement and completion. For mobile phone numbers,  
>> geographic location data would also be included.
>>
>> The EU directive requires that no data regarding the content of  
>> communications be included, however, and it has directives regarding  
>> privacy, including the fact that data would be retained for periods  
>> of not less than six months and not more than two years from the  
>> date of the communication.
>>
>> Any data collected is to be destroyed at the end of that period.
>>     
>
>
>
>
>