[AusNOG] Data Retention - are you kidding me??

Ross Tsolakidis ross at dataexpress.net.au
Wed Nov 16 15:28:06 EST 2016


Any chance you could share the type of information they requested ?

​Ross.


On Wed, Nov 16, 2016 at 3:23 PM, paul+ausnog at oxygennetworks.com.au <
paul+ausnog at oxygennetworks.com.au> wrote:

> Doesn't sound much different to what we were probably all expecting really
> Ross, from memory even the councils were wanting access......
> I just hope the said ISP got the details of who at CAC or ACMA gave that
> OK and they got it in writing.
>
> We had a request a few weeks ago, the data they were looking for didn't
> match anything we were needing to retain so I told them we didn't have it,
> either way though we didn't have it nor did we need to keep it, but I never
> heard anything back from them.
>
> Regards
> Paul
>
> -----Original Message-----
> From: AusNOG [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of Ross
> Wheeler
> Sent: Wednesday, 16 November 2016 3:13 PM
> To: ausnog at lists.ausnog.net
> Subject: [AusNOG] Data Retention - are you kidding me??
>
>
> Had a call a short while back... I think I've got the details right, but I
> sure hope I've got something wrong....
>
>
> ISP had a senior constable come in with a request for data.
> Request had been signed by said senior constable.
>
> As I understand the (meta)data retention legislation, a request has to be
> signed by a senior officer (commissioner or thereabouts), or a minister
> etc.
>
> I suggested to the ISP that I thought the request was not valid but to
> check it with the CAC. Had a call back a while later that basically the
> ACMA said to honour the request, and that if there was a problem "it would
> be caught in the audit later".
>
> This scares the pants off me.... if we're being told to just give the data
> out to low-level shitkickers with no senior level oversight or control,
> there's going to be no end of vexatious queries, fishing expeditions and
> trivial requests. Who's going to get banged up if we disclose private
> information that turns out (later) to have been given incorrectly? How
> will the damage to affected person(s) be undone?
>
> A highly, HIGHLY dangerous precedent. (This was a smaller non-metro ISP in
> a fairly out-of-the-way part of the world, perhaps for the very reason
> that if it blows up in their face they can hide it more effectively than
> if it was a large, highly visible isp).
>
> R.
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