[AusNOG] (Abuse of) mandatory data retention information.

[Ross Wheeler]

On Wed, 2 May 2018, Paul Wilkins wrote:

> However I doubt even experts have read all the legislation.

I certainly read the legislation in its entireity at the time, because I 
needed to implement it. The amount of ambiguity in it (in terms of what we 
had to collect) was huge, in no small part because the authors wanted to 
be "technology neutral". Rather than saying what we DID have to capture, 
they chose to word in in terms of "examples of what does NOT get 
captured".


> If someone cares to point out where in the legislation authorised 
> officers can request data retained under Data Retention without a 
> judicial writ, I'd be grateful, and it would be news to me.

https://policyreview.info/articles/analysis/passage-australias-data-retention-regime-national-security-human-rights-and-media

"The act enables approved law enforcement agencies to access this data 
without a warrant, except for the specific case of data relating to 
journalists."