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

[Paul Wilkins]

There is no precedent. The access to data is governed under the
TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979


S  5AB provides that:

(1A)  The Commissioner of Police may authorise, in writing, a senior
executive AFP employee who is a member of the Australian Federal Police to
be an authorised officer.


Firstly, a senior constable is not an officer. They're an NCO. Secondly,
ask the CAC for a copy of their authorisation, as provided under:


(2)  A copy of an authorisation must be given to the Communications Access
Coordinator:


I am not a lawyer. This is not expert opinion.


Kind regards


Paul Wilkins

On 16 November 2016 at 15:13, Ross Wheeler <ausnog at rossw.net> wrote:

>
> 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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