[AusNOG] DR access for civil litigants, here it comes

Mark Smith markzzzsmith at gmail.com
Tue Dec 20 20:46:43 EST 2016


On 20 Dec. 2016 8:14 pm, "Joshua D'Alton" <joshua at railgun.com.au> wrote:

Hold up.... this is a "game" which has been built and populated with
metadata far beyond what in reality will be obtained or could be correlated.



Hmm, it might have been fake metadata. The article swaps between scenario
and real subtly.

"With access to the kind of metadata that has been retained and made
available to Australian government agencies for the past year",

which I read as a selected subset for the purposes of the scenario.

"Only authorised agencies can access metadata, though many unauthorised
government organisations have been getting around this
<http://www.abc.net.au/news/2016-10-04/government-departments-obtain-metadata-via-afp/7898648>
by
asking the AFP to do metadata searches for them. They don't need a warrant,
and they don't need to warn you.",

which then read like they had no trouble assembling this subset.



And then, apparently a bunch of 12yr olds manage to 'crack the case' in
only 2 hours? Don't know who or why this challenge even came to be, but its
as realistic as "hacking" scenes you see on TV...



On Tue, Dec 20, 2016 at 7:51 PM, Mark Smith <markzzzsmith at gmail.com> wrote:

>  Browsing twitter, come across a Cryptome tweet, which can be interesting,
> and then it's ... WT*?!
>
> https://twitter.com/Cryptomeorg/status/811118431852523520
>
>
> On 20 Dec. 2016 2:27 pm, "Noel Butler" <noel.butler at ausics.net> wrote:
>
>> I'm sure this will surprise no one here...
>>
>> https://www.ag.gov.au/Consultations/Pages/Access-to-telecomm
>> unications-data-in-civil-proceedings.aspx
>> Access to telecommunications data in civil proceedings
>> Submissions close on Friday, 13 January 2017
>>
>> The Attorney-General’s Department is inviting submissions to support a
>> review by the Minister for Communications and the Attorney-General into
>> access to telecommunications data in civil proceedings.
>>
>> The Parliamentary Joint Committee on Intelligence and Security Advisory
>> report on the Telecommunications (Interception and Access) Amendment (Data
>> Retention) Bill 2014
>> <http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/Data_Retention/Report>,
>> recommended that civil litigants be prohibited from being able to access
>> telecommunications data held by a service provider solely for the purpose
>> of complying with the mandatory data retention regime.
>>
>> The committee considered that as the data retention regime was
>> established specifically for law enforcement and national security
>> purposes, as a general principle it would be inappropriate for data
>> retained under the scheme to be drawn on as a new source of evidence in
>> civil proceedings.
>>
>> However, the committee also indicated that it was aware of the potential
>> for unintended consequences resulting from a prohibition on courts
>> authorising access to data retained under the scheme and recommended that
>> the Minister for Communications and the Attorney-General review this
>> measure.
>>
>> Consequently, section 280 of the *Telecommunications Act 1997* was
>> amended such that data retained solely for the purposes of the data
>> retention scheme cannot be used for civil proceedings. That prohibition
>> commences on 13 April 2017. The provision includes a regulation making
>> power to enable appropriate exceptions to be made.....
>>
>>
>> --
>>
>> Kind Regard,
>>
>> Noel Butler
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