[AusNOG] Fwd: PJCIS: REVIEW OF THE MANDATORY DATA RETENTION REGIME, INVITATION TO MAKE A SUBMISSION

[Paul Wilkins]

I raised the point in my PJCIS submissions regarding the Assistance and
Access Act, that TANs/TCNs are potentially sufficient grounds to serve as
authorisation under s280/s313 of the Telecommunications Act for the access
of Data Retention datasets, and so provide the necessary enabling
legislation for law enforcement to institute access to metadata datastreams.

I had thought with the election announced, there'd be some respite from
this rinse/repeat cycle of calling for public submissions. Just when you
thought it was safe to go back in the water.

Kind regards

Paul Wilkins


On Fri, 12 Apr 2019 at 19:29, Robert Hudson <hudrob at gmail.com> wrote:

>
>
> ---------- Forwarded message ---------
> From: ITPA President <president at itpa.org.au>
> Date: Wed, 10 Apr 2019 at 20:27
> Subject: Fwd: PJCIS: REVIEW OF THE MANDATORY DATA RETENTION REGIME,
> INVITATION TO MAKE A SUBMISSION
> To: <exec at itpa.org.au>
>
>
> FYI
>
> ---------- Forwarded message ---------
> From: Little, Robert (REPS) <Robert.Little.Reps at aph.gov.au>
> Date: Fri, 5 Apr 2019 at 13:23
> Subject: PJCIS: REVIEW OF THE MANDATORY DATA RETENTION REGIME, INVITATION
> TO MAKE A SUBMISSION
> To:
>
>
> *PARLIAMENTARY JOINT COMMITTEE ON INTELLIGENCE AND SECURITY*
>
> *REVIEW OF THE MANDATORY DATA RETENTION REGIME*
>
> *INVITATION TO MAKE A SUBMISSION*
> The Parliamentary Joint Committee on Intelligence and Security has
> commenced a review of the mandatory data retention regime proscribed by
> Part 5-1A of the *Telecommunications (Interception and Access) Act 1979
> (TIA Act).* <https://www.legislation.gov.au/Details/C2019C00010> On
> behalf of the Committee I am writing to invite you to make a submission to
> the Committee’s review.
> The mandatory data retention regime is a legislative framework which
> requires carriers, carriage service providers and internet service
> providers to retain a defined set of telecommunications data for two years,
> ensuring that such data remains available for law enforcement and national
> security investigations.
> Section 187N of the TIA Act provides for the review and requires the
> Committee to report by 13 April 2020. Terms of reference are available
> here
> <https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/Dataretentionregime/Terms_of_Reference>
> .
> The Committee has resolved to focus on the following aspects of the
> legislation:
>
>    - the continued effectiveness of the scheme, taking into account
>    changes in the use of technology since the passage of the Bill;
>    - the appropriateness of the dataset and retention period;
>    - costs, including ongoing costs borne by service providers for
>    compliance with the regime, any potential improvements to oversight,
>    including in relation to journalist information warrants;
>    - any regulations and determinations made under the regime;
>    - the number of complaints about the scheme to relevant bodies,
>    including the Commonwealth Ombudsman and the Inspector-General of
>    Intelligence and Security;
>    - security requirements in relation to data stored under the regime,
>    including in relation to data stored offshore;
>    - any access by agencies to retained telecommunications data outside
>    the TIA Act framework, such as under the Telecommunications Act 1997; and
>    - developments in international jurisdictions since the passage of the
>    Bill.
>
> *Making a submission*
> The Committee invites written submissions addressing any or all of
> the areas of focus for the Committee’s inquiry. Submissions should clearly
> identify which areas of focus are being addressed.
> Prospective submitters are advised that any submission to the Committee’s
> inquiry must be prepared solely for the inquiry and should not be published
> prior to being accepted by the Committee. Documents do not attract
> parliamentary privilege until they are accepted by the Committee. Documents
> submitted during the election period will be held by the Secretariat and
> provided to the Committee as established in the 46th Parliament.
> Submissions are requested by *1 July 2019*. Further information about
> making a submission to a parliamentary committee inquiry is available here
> <https://www.aph.gov.au/Parliamentary_Business/Committees/House/Making_a_submission>
> .
> Regards
>
> Robert
>
> *Robert Little** |* *Inquiry Secretary*
> *Parliamentary Joint Committee on Intelligence and Security*
> *Department of the House of Representatives*
> PO Box 6021 | Parliament House | Canberra ACT 2600
> Ph. (02) 6277 4589 | *www.aph.gov.au/pjcis* <http://www.aph.gov.au/pjcis>
>
> *Facebook:* @AusHouseofRepresentatives
> <http://www.facebook.com/aushouseofrepresentatives> | *Twitter:* @
> AboutTheHouse <http://twitter.com/aboutthehouse>
> Don’t take your organs to heaven, heaven knows we need them here. Register
> to be an organ donor *here.*
> <http://www.medicareaustralia.gov.au/public/services/aodr/index.jsp>
>
>
>
>
>
>
>
>
> --
> Regards,
>
> Robert Hudson
> President, ITPA
> president at itpa.org.au
> 0408 860 595
> _______________________________________________
> AusNOG mailing list
> AusNOG at lists.ausnog.net
> http://lists.ausnog.net/mailman/listinfo/ausnog
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ausnog.net/pipermail/ausnog/attachments/20190413/c119f0b9/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Picture (Device Independent Bitmap) 1.jpg
Type: image/jpeg
Size: 1136 bytes
Desc: not available
URL: <http://lists.ausnog.net/pipermail/ausnog/attachments/20190413/c119f0b9/attachment.jpg>