[AusNOG] Commsday: Brandis: Metadata Retention Not Against Global Trend

[Mark Andrews]

If the Australian Government doesn't want these records to be
available to civil litigation they can write laws which properly
quarantine the records.

The can also write the laws such that they are quarantined except
for billing and diagnosic purposes which is the original reasons
for collecting the data in the first place.

The can make it a criminal offence to disclose the data except for
the listed purposes.

They haven't done this despite being told that the law will make
the records available to *anyone* if they can convince a Magistrate
to issue a subpoena.

This is bad law making.

Mark


In message <CAEUfUGPoU3bWS4fF65sjwFmXpUt+vWWKtrLMKWimrUNfuJiaZw at mail.gmail.com>
, Skeeve Stevens writes:
>
> Brandis: Metadata Retention Not Against Global Trend
>
> Attorney-general George Brandis has spoken out in defence of the proposed
> mandatory metadata legislation introduced to Parliament last week –
> rejecting suggestions that the measures are out of step with global
> directions.
>
> Appearing on the ABC’s “Q&A” program, Brandis “fundamentally disagreed”
> with an audience suggestion that the proposed regime was “against a global
> trend,” particularly given comments earlier this year from the European
> Court of Justice criticising metadata retention. “Although it is true that
> the European Court of Justice, in April, struck down the European Data
> Directive... in the same decision in which it struck the European Data
> Directive down, it also said that laws mandating the retention of metadata
> were consistent with the right to privacy and were consistent with a
> person's right to their personal data, both rights recognised by the
> European Human Rights Charter,” argued Brandis. “They struck that
> particular data directive down on the grounds of proportionality – that
> the
> particular data directive was too sweeping.”
>
> “Now, since that decision was made, all but four of the European nations
> whose metadata retention laws were struck down have enacted new metadata
> retention laws consistent with the guidance of the European Court of
> Justice and one of the four that hasn't yet, Czechoslovakia, is in the
> process of legislating at the moment,” continued the attorney-general. He
> later added that in a major child exploitation investigation in Europe,
> the
> UK’s metadata retention laws had helped ensure much higher prosecution
> rates than in Germany, which lacks such legislation.
>
> Brandis also spoke to a recent backflip by Australian federal police
> commission Andrew Colvin, who’d originally suggested that metadata
> retention might be used to fight online copyright infringement – but
> subsequently revised his statement, saying that “copyright breaches are
> civil wrongs and that’s not what we’re interested in.” “The mandatory
> metadata retention regime applies only to the most serious crime, to
> terrorism, to international and transnational organised crime, to
> pedophilia, where the use of metadata has been particularly useful as an
> investigative tool,” said Brandis. “Breach of copyright is a civil wrong.
> Civil wrongs have nothing to do with this scheme.”
>
> Petroc Wilton
>
> ---
>
> Visit Commsday at www.commsday.com
>
>
> ...Skeeve
>
> *Skeeve Stevens - *eintellego Networks Pty Ltd
> skeeve at eintellegonetworks.com ; www.eintellegonetworks.com
>
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>
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-- 
Mark Andrews, ISC
1 Seymour St., Dundas Valley, NSW 2117, Australia
PHONE: +61 2 9871 4742                 INTERNET: marka at isc.org