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

Noel Butler noel.butler at ausics.net
Wed May 2 14:21:07 EST 2018


On 01/05/2018 11:28, Ross Wheeler wrote:

> <heresay>
> I was recently talking to a guy who had been talking to a guy who works for an Australian ISP, and the comment was made that a police officer local to the ISP had made a request for information relating to an individual (background explained to me was it was during a messy divorce, and allegedly by a person known to or related to the officer).
> 
> The ISP was dubious about providing the information and contacted the AGs department for guidance and was told (again, so I'm informed) that "Give it to them, it will be picked up in the Audit process".
> 
> Questions that immediately arise from that include:
> * Wasn't there supposed to be a small number of individuals appointed
> by the commmissioner of police who would be making these requests?
> * I understood that individual officers would not ever be permitted
> to make these requests anyway.
> * Has anyone ever heard of any audit happening?
> * If there hasn't been, why not?
> * If the information as reported is in fact accurate in all material
> regards, shouldn't "heads roll"?
> * Where's the accountability, the checks-and-balances citizens were
> all assured were included in this legislation?
> 
> This apparently happened almost a year ago, so saying "Give them time, it'll happen" seems unlikely now...
> 
> (Who watches the watcher?)

This has been going on for decades, nothing to do with DR, came down to
my memories hazy but without looking it up IIRC s282 requests, the same
requests ISP's have been getting long before DR was dreamt up, also IIRC
it needs to be signed off on by a commissioned officer (which included
snr Sgts in act Insp's capacity) 

So he's right, give it to them if it comes through formal channels, 
AFP, ATO, Qld/NSW/Vic police have formal request forms (cant recall ever
processing requests from SA/WA/NT/Tas police) 

-- 
Kind Regards, 

Noel Butler 

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