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

Thu Jul 11 11:50:50 EST 2019

This enquiry has data retention back in the news, that and recent AFP
execution of search warrants on journalists.

Link to PJCIS submissions
<https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/Dataretentionregime/Submissions>

Kind regards

Paul Wilkins

On Tue, 2 Jul 2019 at 11:38, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

> News this morning that the Victorian government is developing plans to use
> mobile apps to track commuters. The government argues the data will be used
> to improve travel times. This however, ignores the larger picture, that
> across all Australian governments, both State and Federal, there's a
> forward going agenda to widen the meta data kept on citizens - CCTV facial
> recognition, license plate capture, and that these data bases are being
> integrated by law enforcement.
>
> So where there exists the theoretical possibility that data retention
> metadata can now, under existing law, be integrated into other law
> enforcement databases under TANs/TCNs, there is a genuine concern that
> blandishments by law enforcement that "we wouldn't do that" may not
> actually be an effective check on creeping extensions of police powers, and
> that there should in fact be legislated protections against the use of data
> retention datasets.
>
> Kind regards
>
> Paul Wilkins
>
> On Fri, 21 Jun 2019 at 17:05, Paul Wilkins <paulwilkins369 at gmail.com>
> wrote:
>
>> Submissions close 1st July for those so foolhardy as to throw their
>> random stream of consciousness into the void of Dep't Home Affairs'
>> accountability.
>>
>> And when you throw your random stream of consciousness into the void, the
>> void throws its random stream of consciousness back at you, or something.
>>
>> Kind regards
>>
>> Paul Wilkins
>>
>> On Sat, 13 Apr 2019 at 11:26, Paul Wilkins <paulwilkins369 at gmail.com>
>> wrote:
>>
>>> 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
>>>>
>>>
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