[LINK] Data retention regime

[Stephen Loosley]

Haha .. what a crock.

Want to avoid data-retention? 

Simple .. use gmail or skype .. haha .. 


http://www.afr.com/p/technology/telcos_warn_against_letting_gmail_KWm7KjfLuZQVr0NhiIqYVI  (snip)


The government is attempting to pass data retention laws that would force Australia’s telecommunications companies to store the metadata of all users for two years. Metadata is the information produced when people interact with technology and can include everything from the time and date of phone calls to the locations of people at any given time.

But Attorney-General’s department assistant secretary Anna Harmer on Monday said that providers of “over-the-top” services that use the internet such as WhatsApp, Gmail and Skype would not be covered by the new regime.

“Are you seeking to be able to capture over a period of two years basic metadata on those services?” Greens Senator Scott Ludlam asked Ms Harmer.

“In the case of a number of the examples you provided. . . those would not fall within the obligation,” she replied.

She added that this was because the web services were not Australian-based telcos and did not count as carriers as defined by the Telecommunications Act 1997.

Revenues for traditional telco services like phone calls and text messages at providers like Telstra and SingTel-Optus are falling as Australians turn to global tech providers for free or cheap services.

The Greens’ Senator Ludlam told Fairfax Media the move meant anyone trying to avoid data retention would simply have to use any of the free services to avoid being caught in the drag-net, which would reduce its effectiveness at fighting crime.

Communications Alliance chief executive John Stanton, whose lobby group represents Telstra, Optus and iiNet amongst others, warned that letting these providers avoid the regime would simply give them another advantage over local telcos.

“The absence of retention on non-carrier OTT services means that consumers are more inclined to use those offshore based services and not Australian ISP services,” he told Fairfax Media.

“ISPs may also be at a cost disadvantage because they have to fund data retention for the services they provide but other operators don’t suffer the same impost.”

Mr Stanton said the move would give people wanting to avoid the government’s gaze an easy way out of the surveillance net.

“It’s clear that there are ample opportunities for those who wish to move beyond the scope of the proposed data retention regime, whether through the use of services not covered or technologies that mask the nature of communications,” he said.

Australia’s biggest telcos including Telstra, SingTel-Optus and iiNet have all said that if a system must be imposed the government should bear the cost.

The Australian Financial Review

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Cheers,
Stephen