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

Wed Jul 17 10:31:49 EST 2019

Comms Alliance submission
<https://www.aph.gov.au/DocumentStore.ashx?id=10156360-86ba-4fff-93c9-f2caa3577dd6&subId=668168>
makes the case that the costs of Data Retention are not being properly
compensated, with substantial incurred costs being a carrier expense.

The initial capital costs incurred by industry to meet the requirements of
the regime were
partially – but not fully – met via grants from Government. As has been
highlighted in
information presented to the committee, industry has incurred a net cost to
meet its
obligations under the regime of *at least $171m over a four year period*,
despite cost-recovery mechanisms being in place.

This gets more interesting still, when you begin to consider the
substantially more expensive and complex TCNs/TANs.

Kind regards

Paul Wilkins

On Thu, 11 Jul 2019 at 11:50, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

> 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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