[AusNOG] Australian Government seeking submissions -- Access to telecommunications data in civil proceedings (data retention)

[Paul Wilkins]

There is a very fundamental issue here, that the legislation that passed
excluded DR records from civil discovery - in the main - and left it to
regulations to correct for what are being called "unintended consequences"
of the legislation, protecting from discovery data that on consideration is
not deserving of privacy protections.

I've sent a response to the AG, raising for consideration the following
possible unintended consequences, of DR records that it would best serve
the public interest that they be subject to discovery in civil proceedings:

1 – The use of the internet for stalking, harassment, including “revenge
pornography”.


2 – The growing incidence of “fake news”, which has appeared in the last
few years, where there is systematic dissemination of propaganda and
mistruths, by corporations, political lobbies, and nation states, to pursue
political agendas, or to smear reputations and careers of political and
business adversaries, including people and companies.


3 – In instances where corporations have sustained a data breach, and there
is subsequent use of their intellectual property by unauthorised users,
there would appear to be no good grounds if there is evidence from data
retention records that would connect the data breach to the unauthorised
users, that that connection not be explored as part of action taken to
protect intellectual property rights.


Kind regards

Paul Wilkins

On 29 December 2016 at 08:59, Mark Smith <markzzzsmith at gmail.com> wrote:

> It's not really relevant here. ISPs are the mechanism, however it is up to
> the citizens effected by this to protest it (of course, citizens work at
> ISPs but that doesn't make it an ISP issue).
>
> ISPs had the opportunity to try to prevent the tool existing, now that it
> does, it is too late for ISPs to prevent it being used and abused.
>
>
> On 29 Dec. 2016 07:59, "Christian Heinrich" <christian.heinrich at cmlh.id.au>
> wrote:
>
>> There is already a robust thread at http://mailman.anu.edu.au/pipe
>> rmail/link/2016-December/date.html
>>
>> --
>> Regards,
>> Christian Heinrich
>>
>> http://cmlh.id.au/contact
>>
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