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

[Andrew McN]

To what extent are the copyright holders civil litigants who would be
excluded under this new rule?  To the extent that the move to
criminalise abuse of IP is thwarted, this may reduce the shift to
encryption, which will help keep the spooks happy.

Andrew




On 20/12/16 17:05, Paul Wilkins wrote:
> /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.
> 
> /
> Such unintended consequences including:
> 1 - inability to do DR discovery in domestic violence/stalking/revenge
> porn situations
> 2 - inability to do DR discovery against sources/disseminators of fake news
> 
> These interests then have to balanced against
> 3 - protections of democratic rights of privacy and free speech
> 4 - the work of the intelligence services
> 
> The risk is, that the government is under constant pressure of rights
> holders to allow discovery in copyright cases, which would see huge
> amounts of internet traffic diverted to encryption, and so sabotage the
> purpose of DR and the efforts of the intelligence/security services.
> Which our government said was never their intention, so one wonders if 1
> & 2 are the only things driving reopening this can of worms. I can see
> there is a case for extending disclosure in such cases, but once you
> open the door, other things have a way of finding a way through.
> 
> Kind regards
> 
> Paul Wilkins
> 
> 
> On 20 December 2016 at 14:27, Noel Butler <noel.butler at ausics.net
> <mailto:noel.butler at ausics.net>> wrote:
> 
>     I'm sure this will surprise no one here...
> 
>     https://www.ag.gov.au/Consultations/Pages/Access-to-telecommunications-data-in-civil-proceedings.aspx
>     <https://www.ag.gov.au/Consultations/Pages/Access-to-telecommunications-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
> 
>     This Email, including any attachments, may contain legally
>     privileged information, therefore remains confidential and subject
>     to copyright protected under international law. You may not
>     disseminate, discuss, or reveal, any part, to anyone, without the
>     authors express written authority to do so. If you are not the
>     intended recipient, please notify the sender then delete all copies
>     of this message including attachments, immediately. Confidentiality,
>     copyright, and legal privilege are not waived or lost by reason of
>     the mistaken delivery of this message. Only PDF
>     <http://www.adobe.com/> and ODF
>     <http://en.wikipedia.org/wiki/OpenDocument> documents accepted,
>     please do not send proprietary formatted documents
> 
> 
>     _______________________________________________
>     AusNOG mailing list
>     AusNOG at lists.ausnog.net <mailto:AusNOG at lists.ausnog.net>
>     http://lists.ausnog.net/mailman/listinfo/ausnog
>     <http://lists.ausnog.net/mailman/listinfo/ausnog>
> 
> 
> 
> 
> _______________________________________________
> AusNOG mailing list
> AusNOG at lists.ausnog.net
> http://lists.ausnog.net/mailman/listinfo/ausnog
>