[LINK] Authorities gain power to collect Australians' internet records

Kim Holburn kim at holburn.net
Thu Aug 23 12:02:42 AEST 2012


IANAL but I can't see anywhere where the bill clearly defines what data is going to be preserved.
<http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbills%2Fr4575_first-reps%2F0000%22;rec=0>

It seems to me it's never clearer or more specific than:

> 	• requires carriers and carriage service providers (C/CSPs) to preserve the stored communications and telecommunications data for specific persons when requested


Is that everything?  AFAIK the European bill only required the storage of times and addressees.  This seems vastly more.  It's not clear how potentially an ISP would have the space for this.

On 2012/Aug/23, at 10:57 AM, Jan Whitaker wrote:

> At 09:48 AM 23/08/2012, Richard Chirgwin wrote:
> 
>> They are allowed to require carriers to collect the data - for either
>> one day, or 30 days - and may access it if a warrant is granted. If
>> there's no warrant, the data has to be dumped.
> 
> This comment to the Fairfax article today points out why this is new 
> law is a problem:
> http://www.theage.com.au/technology/technology-news/new-law-to-control-cyber-data-20120822-24mur.html
> 
> It is new- emails are the modern equivalent of writing a letter - 
> this a law requiring ISPs to copy and retain someone's letters - 
> without a warrant - while warrant is still required for the Police to 
> be able to read them, it is like requiring Australia Post to open and 
> copy your mail in case the Police want to read it. Sarahjane - there 
> are laws that make it an offence for anyone to interfere with your 
> snailmail without a warrant - and removing it from your letterbox 
> also counts as theft. This law treats electronic communication 
> differently to that which takes a stamp. The retention of ANY private 
> communications by ISPs should only be allowed upon the issue of a warrant.
> ============
> 
> What is the discriminator to determine if it's 1 day or 30 days, Richard?
> and is it ANY ISP? What about small ones, like Melbourne PC User 
> Group, whose technical support is negligible and will soon be all volunteers?
> 
> 
> 
> Melbourne, Victoria, Australia
> jwhit at janwhitaker.com
> blog: http://janwhitaker.com/jansblog/
> business: http://www.janwhitaker.com
> 
> Our truest response to the irrationality of the world is to paint or 
> sing or write, for only in such response do we find truth.
> ~Madeline L'Engle, writer
> 
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Kim Holburn
IT Network & Security Consultant
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