[AusNOG] SMH: Access to private internet, phone records up by 9 per cent - without warrants

[Skeeve Stevens]

All,

Local councils using metadata to chase people re Unregistered Pets,
Littering, Polution, Unauthorised Advertising.... even the RSPCA is using
it.

What the hell is going on here? Why are we tolerating this.  This kind of
thing is going to keep on creeping until anyone with a 'genuine need' will
be able to access this sort of information.

Unless people get outraged about this, contact their local MP's and are
relentless about it, nothing will change... and it will just get worse.

The only reason that the current Metadata thing got through was because
Labour didn't like the optics of being on the wrong side of a national
security debate.  Since when did how something look become more important
than doing what is right?.... ok... always, but it is wrong and the people
of Australia CAN change this, if they rise up and say that it is
unacceptable, but for some reason we don't... we just don't seem to care.

...Skeeve


From:
http://www.smh.com.au/technology/technology-news/access-to-private-internet-phone-use-up-by-9-per-cent--without-warrants-20151204-glfgg0.html

==========

*Access to private internet, phone records up by 9 per cent - without
warrants - Hannah Francis*

Two city councils in Melbourne and Sydney are increasingly spying on
residents by finding out who they are calling and emailing.

Knox City Council in Melbourne's east is the worst offender, followed by
Bankstown Council in Sydney's west.

Knox made 15 "metadata" requests in the year ended June 2015, up from just
five in the previous year, according to a federal government report.

The metadata may include phone numbers of people who called each other and
how long they talked to each other, or email addresses and what times
messages were sent. Access to it does not require a warrant.

Sometimes a request might simply be for who the owner of a certain phone
number is and what their address is.

Bankstown was granted access to residents' metadata on 13 occasions, up
from seven in the previous period.

Queensland's Ipswich City Council, which made 21 requests in 2013-14, has
cut down on spying. It made just three metadata access requests in the year.

Melbourne's Darebin and Wyndham councils made one request each in 2013-14,
but did not request any metadata this year.

However the number of requests by councils remains relatively steady
overall, at 32 this year compared to 35 previously.

Other government agencies accessing citizens' private communication records
include Australia Post, which made 625 requests in the period, down from
810. Various racing authorities, the RSPCA and the Tax Office are among
other agencies that dip into metadata year after year.

A spokesperson for Australia Post said it requests phone records from
telcos to chase people who steal phones or SIM cards from its stores, or to
pursue people who make "serious threats" to staff or engage in corruption
and fraud.

*Overall requests up 9 per cent*

The overall number of request authorisations for telco data, including for
requests from police and other law enforcement agencies, leapt 9 per cent
to 365,728 in the year to June 2015.

However the number of requests from non-law enforcement agencies, such as
councils, fell slightly from 4018 in 2013-14 to 3941 this year.

A spokesperson for Bankstown Council said it had only accessed call records
to place people suspected of illegally dumping waste at the scene of the
offence, resulting in "a number of successful prosecutions". In one case
around 20,000 tonnes of waste was dumped at five different sites, the
spokesperson said.

Knox City Council was asked to explain what it used metadata for, but has
yet to respond.

In previous years councils have admitted to using metadata to chase minor
infringements such as unauthorised advertising, unregistered pets, and
littering. Last year Sydney's Hills Shire Council told Fairfax it used
metadata to track down a roof cleaner who had polluted a river.

The practice has become more common in a few short years. Back in the
2011-12 financial year, only two councils – Bankstown and Wyndham – were
accessing metadata.

Before mandatory data retention legislation came into effect in October, a
broad range of government agencies able to issue fines or "protect public
revenue" had been automatically authorised to access citizens' metadata.

Since October – a period which will be covered in next year's report –
non-law enforcement government agencies are required to apply directly to
Attorney-General George Brandis before they can access the data.

The Attorney-General must consider a range of criteria when granting a
request, including whether the agency has a binding privacy scheme, and
whether the functions of the agency include investigating "serious
contraventions" of the law.

Fairfax is awaiting a response from the Attorney-General's office as to
which agencies, if any, have applied to access metadata. The Australia Post
spokesperson said Australia Post was no longer accessing metadata.

Next year's report will also include detail on what metadata requests were
used for.

==========

--

Skeeve Stevens - The ISP Guy - Internet Provider SME

Email: skeeve at theispguy.com ; Cell: +61(0)414 753 383
Skype: skeeve; Blog: TheISPGuy.com <http://theispguy.com/> ; Facebook:
TheISPGuy <https://www.facebook.com/theispguy>

Linkedin: /in/skeeve <http://www.linkedin.com/in/skeeve> ; Expert360:
Profile <https://expert360.com/profile/d54a9>
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