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

[Roger Clarke]

At 12:02 +1000 23/8/12, Kim Holburn wrote:
>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.

We had to spend a lot of time analysing what the proposal actually was.

Our submission attacked the specific point that you're making.

But the message (a) was far too subtle for politicians to cope with 
(Scott Ludlum excepted), and (b) ran against the common policy of the 
Government and the Opposition, which is to believe without question 
anything said to them by a national security agency.

My personal conclusion (i.e. not APF policy) was that AGD 
intentionally obfuscated, i.e. lied.

The liars-in-chief are:
-   Tony Sheehan, Dep Sec, National Security and Criminal Justice Group
     (02) 6141 4130, tony.sheehan at ag.gov.au
-   Geoff McDonald, First Asst Sec, Nat'l Security Law & Policy Division
     (02) 6141 2875, geoff.a.mcdonald at ag.gov.au

AG's Organisation Chart is here:
http://www.ag.gov.au/Organisationalstructure/Documents/Copy%20of%20AGD%20Internet%20Copy%20-%20AGD%20Org%20Chart%20as%20at%205%20March%202012(%20PDF.pdf

http://www.gold.gov.au/directory?ea5_lf99_120.&organizationalUnit&4c70e68c-6f46-4973-9508-845d2d5408fb

http://www.gold.gov.au/directory?ea5_lf99_120.&organizationalUnit&4afdbe13-00af-43a7-906b-9914628373d2

________________________________________________________________________


>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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>>  Link at mailman.anu.edu.au
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>
>--
>Kim Holburn
>IT Network & Security Consultant
>T: +61 2 61402408  M: +61 404072753
>mailto:kim at holburn.net  aim://kimholburn
>skype://kholburn - PGP Public Key on request
>
>
>
>
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-- 
Roger Clarke                                 http://www.rogerclarke.com/
			            
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Visiting Professor in the Faculty of Law               University of NSW
Visiting Professor in Computer Science    Australian National University