[AusNOG] ABC 7:30 report on Data Retention in civil cases

[Paul Wilkins]

7:30 report on ABC just now asked the question if Data Retention in civil
cases, including copyright infringement, is now all back in consideration.
Attorney General's call for submissions states that privacy was enshrined
in the legislation, and that use of regulations would be used to address
"unintended consequences" of privacy protection.

I can see that there are grounds for regulation that will fill the gaps -
internet stalking/revenge porn, dissemination of "fake news", or where
companies have had a data breach and subsequently are prosecuting use of
their intellectual property. And other issues that aren't obvious, so a
score perhaps of corner cases.

But nothing from the Attorney General's suggests anyone wants to revisit
this debate. Cannot but think the ABC producers are looking for a story
that's not there. Except that Nick Xenephon has seen fit to wade into the
debate, expressing serious concerns. I can't help but think that use of
regulations in excess of the original intent of the legislation, which is
what some are suggesting could result, would necessarily be ruled by the
courts as beyond the original legislative mandate.

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

Kind regards

Paul Wilkins
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