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

Wed Jul 17 11:28:45 EST 2019

On Wed, 17 Jul 2019 at 10:32, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

> 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.
>

The less carriers there are, the better suited it is to the government's
surveillance agenda. It must have been really easy for LEAs to only have to
deal with PMG and then Telecom. So if they cost a carrier out of business,
they'll only be crying crocodile tears.

There are many threats to many parties in this agenda, that's perhaps one
not really recognised.

>
> 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
>>>>>> _______________________________________________
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>>>>>> AusNOG at lists.ausnog.net
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>>>>>>
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