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

[Mark Smith]

 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-
> 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
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