[AusNOG] Fwd: PJCIS report on data retention bill has been posted

Paul Wilkins paulwilkins369 at gmail.com
Fri Feb 27 16:30:23 EST 2015


Currently per black letter law interpretation of 187A2 means everything at
all layers of the IP/TCP stack is required to be logged (because the
paragraph relies on the definition of 'communication' as defined in the
Telecommunications Act 1997, which is not appropriate to packet switched
networks).

Then 187A4 grants exemptions, but it's poorly drafted, and doesn't read as
if it was written by someone with an understanding of packet switched
networks. Para 187A4 is, imo (ianal) too ambiguous currently, and can be
argued to exempt nothing or everything, as applied to packet switched
networks.

Paul Wilkins


On 27 February 2015 at 16:10, Paul Julian <paul at oxygennetworks.com.au>
wrote:

> Thanks for the link Paul, I find this interesting:
>
>
>
> “The Bill explicitly excludes anything that is web-browsing history or
> could amount to web-browsing history, such as a URL or IP address to which
> a person has browsed.”
>
>
>
> I was under the impression from reading previous information that
> source/dest addresses were going to be part of the data set ?
>
> Also included is tracking of emails which I don’t recall seeing before, I
> really wonder how much of this information will ever get used, I would love
> to be a storage vendor at this point in time J
>
>
>
> Regards
>
> Paul
>
>
>
> *From:* AusNOG [mailto:ausnog-bounces at lists.ausnog.net] *On Behalf Of *Paul
> Wilkins
> *Sent:* Friday, 27 February 2015 4:01 PM
> *To:* ausnog at lists.ausnog.net
> *Subject:* [AusNOG] PJCIS report on data retention bill has been posted
>
>
>
> Read it and weep...
>
>
> http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/Data_Retention/Report
>
> Paul Wilkins
>
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>
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