[LINK] Brandis rushes to release telco metadata for civil proceedings

[Christian Heinrich]

Frank,

On Thu, Dec 22, 2016 at 4:58 PM, Frank O'Connor
<francisoconnor3 at bigpond.com> wrote:
> Don’t know about that. Prior to 2014, and even early last year, VPN’s and other security
> software had pretty average front ends and GUI’s, were fairly technical to set up,
> impacted heavily on network performance (both in throughput and latency), were
> relatively expensive ($10-$20 per month), and didn’t offer access to the complete
> range of protocols that the current ones do automatically.

These service providers will either consent to the order or close
down, such as https://lavabit.com/ due to their low cost.

On Thu, Dec 22, 2016 at 4:58 PM, Frank O'Connor
<francisoconnor3 at bigpond.com> wrote:
> With VPN and proxy services the user has no idea what the key is. That is simply
> allocated by the server on a per-session basis … at  the time of establishing the tunnelled
> (and heavily encrypted) connection/socket.

What about the passphrase or 2FA token to the VPN?

On Thu, Dec 22, 2016 at 4:58 PM, Frank O'Connor
<francisoconnor3 at bigpond.com> wrote:
> And data should only be available from the originators of same (the telcos), and only be
> available under warrant, subpoena or other court supervised order.

I haven't read anything that states this will change?

On Thu, Dec 22, 2016 at 4:58 PM, Frank O'Connor
<francisoconnor3 at bigpond.com> wrote:
> The government should not become involved in civil litigation between independent third
> parties. The moment it does so it falls down on the side of one party or the other. And the
> moment it does that it contravenes so many provisions in the Judiciary Act, so many
> Rules of Evidence, and so many simple rules of fair play and procedure established for
> good reason through thousands of years of history - that it becomes a bad government.

This isn't changing as the court registrar and magistrate will only
allow subpoenas for metadata for very specific periods in order to be
allowed into evidence.

You may also want to reference in your submission
http://www.smh.com.au/digital-life/digital-life-news/me-and-my-metadata-how-i-beat-telstra-after-my-22month-legal-battle-20150504-1mz91c.html
which significantly expanded the amount of information that Telstra
have to retain and disclose to the government now.


-- 
Regards,
Christian Heinrich

http://cmlh.id.au/contact