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Australia Government Privacy

Australia Passes Mandatory Data Retention Law 124

Bismillah writes Opposition from the Green Party and independent members of parliament wasn't enough to stop the ruling conservative Liberal-National coalition from passing Australia's new law that will force telcos and ISPs to store customer metadata for at least two years. Journalists' metadata is not exempted from the retention law, but requires a warrant to access. The metadata of everyone else can be accessed by unspecified government agencies without a warrant however.
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Australia Passes Mandatory Data Retention Law

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  • by ChunderDownunder ( 709234 ) on Thursday March 26, 2015 @05:22PM (#49350067)

    I voted Greens.

    • Well, I guess your data will be of interest then..

      The 'solution' to this is of course organised poisoning of these databases through both randomised access and proxy/encryption use, which if used enough makes the data useless. Unfortunately that takes a lot of people to make it work.. and most people just dont understand the ramifications.

      I wonder what it takes to be classified as a 'journalist' (but then I doubt it makes any difference, because how would they know if such rules are followed..)

      • by Anonymous Coward

        The 'solution' to this is of course organised poisoning of these databases through both randomised access and proxy/encryption use, which if used enough makes the data useless. Unfortunately that takes a lot of people to make it work.. and most people just dont understand the ramifications.

        Ok, so we start up a malware/trojan project that uses a number of commonly unpatched exploits to self propagate and then slowly trickle poisoned information into the metadata coffers. And we use Vevo's youtube geoblocking (or equivalent) to verify IP's are located in Aus to make sure we only pick up appropriate PCs.

        It'll work because the types people that don't patch are unlikely to notice the small trickle of poisoned metadata. They also won't know/understand the ramifications of the metadata tracking (a

      • You did hear the news that Australia is attempting to ban proxies/VPN use, right? So your 'solution' may soon be illegal in Australia.

      • Yeah, let's transform "metadata" into "data" - because it's scarier that way!
        I mean... who in their right mind would NOT blow this out of proportion?

        • Re:Don't blame me. (Score:5, Insightful)

          by currently_awake ( 1248758 ) on Thursday March 26, 2015 @08:44PM (#49351299)
          If an undercover cop follows you around the city without a warrant it's stalking, but if they use the cellphone system (without a warrant) to do the same thing it's not?
          • It is not the same thing because the undercover cop stalking you gathers data, not metadata. It's the difference between counting how many envelopes you're getting in your mailbox and how thick they are versus reading their contents.

        • by drsmithy ( 35869 )

          The real-world equivalent of this would be a little drone following you around recording where you went, who you talked to, where you went shopping, when you did it, etc, etc.

          I wouldn't be comfortable with that. Would you ?

  • Not new (Score:5, Informative)

    by sectokia ( 3999401 ) on Thursday March 26, 2015 @05:32PM (#49350149)
    I like bias... they don't mention that the labor party all voted it through as well. Greens only opposed it after they learned labor wouldn't, so they would get to claim moral high ground, while it sailed through with bi partisan support. The two year data retension has been in place since the first ISPs started as an industry code of practice decades ago. This law is just formalising and making it clearly mandatory. The meta data has been available and used for decades.
    • Yeah Shorten is proving to be somewhat of a ... loyal... opposition. Its a messed up situation and shorten is going to get punished in the polls for this. He's already taken a big hit to his polling.

    • by bug1 ( 96678 )

      The two year data retension has been in place since the first ISPs started as an industry code of practice decades ago.

      I call bullshit, what do you base that on ?

      When Jacob Applebaum was at LCA he mentioned key IT people at one of the Major ISPs say they didnt snoop.

      If it has always been done by industry arguing about passing on the cost to customer ?
      (this government is so tight they wouldnt compoensate anyone if they had any choice)

    • by MrKaos ( 858439 )

      This law is just formalising and making it clearly mandatory. The meta data has been available and used for decades.

      As someone who has read the Bill and the requirements under Section 187AA and as someone who is familiar with the billing systems that ISP use I can tell you that this is not true. The items under the section also record the duration and other parts of the communications that weren't previously recorded.

      ISP's billing systems were only concerned if your account was financial, not the specifics of what the account was doing.

    • sectokia: "I like bias... they don't mention that the labor party all voted it through as well. Greens only opposed it after they learned labor wouldn't, so they would get to claim moral high ground, while it sailed through with bi partisan support. The two year data retension has been in place since the first ISPs started as an industry code of practice decades ago. This law is just formalising and making it clearly mandatory. The meta data has been available and used for decades."

      Do you have any verifi
    • by aiht ( 1017790 )
      Your suggestion that the Greens only opposed it after they found Labor wouldn't is rubbish. As AC said below (for anyone who can't see ACs), Scott Ludlam (Greens, Western Australia) has been vocally campaigning against it, and educating people about it, since before he was elected. Being technologically literate has always been a big part of his appeal (at least amongst /. types).
    • by drsmithy ( 35869 )

      I like bias... they don't mention that the labor party all voted it through as well.

      Of course they did. There's barely been daylight between Labor and the Coalition for 10+ years.

      Greens only opposed it after they learned labor wouldn't [...]

      Huh ? The Greens have opposed this from the get-go.

  • That's handy (Score:4, Insightful)

    by LessThanObvious ( 3671949 ) on Thursday March 26, 2015 @05:35PM (#49350163)

    Good thing they have all that metadata to parse so it's easy to know who the journalist are, you know, so they can get a warrant before accessing their data.

  • if the Five Eyes slurp it all up anyway? They already have access to these data, why bother making ISPs keep it too?
    • Comment removed based on user account deletion
      • by rtb61 ( 674572 )

        To stupidly force the creation of apps that will run on people's computers randomly accessing all kinds of sites all over the internet to flood the databases with hundreds of thousands of bogus entries. Nothing does more to destroy databases than bogus entries that poison it to death. When 90% of your browser data requests are fake and cancelled prior to retrieving the data, what are they left with, apart from a massive bill ten times bigger than they expected. Let's just flood the crap out of meta-data, t

        • by dbIII ( 701233 )
          Good point Mr Buttle, or is that Tuttle?
          When the objective is to catch someone and hold them responsible it's gone beyond the point where it matters if you've got the right person.
          • by rtb61 ( 674572 )

            Where the point in reality is to readily selectively destroy people's lives if they don't vote right. So, the government can readily check you political allegiances and if you didn't vote right, prevent you from ever gaining government employment. Now, seriously, you don't think all right wing governments will be trolling through meta data to exclude left wing employees to ensure all government departments are stacked with ring wing employee, so even when the left wins their policies purposefully fail. Tha

        • by MrKaos ( 858439 )
          Exactly, if I wasn't participating in this discussion I would mod you up.
    • by GumphMaster ( 772693 ) on Thursday March 26, 2015 @06:04PM (#49350383)

      Making the ISP keep it too:

      1. Makes it reliably available for litigation by big media over copyright infringement and removes the ability of ISP to defend customer privacy with inconvenient legal actions or by simply not holding the information. Hosting privacy protecting proxy/VPN services has essentially be outlawed on Australian soil... or will be as the holes in this legislation become evident and the scope creep continues.
      2. Makes it reliably available for abuse by political parties: want to know who leaked the embarrassing x? Simple warrantless search with no oversight.
      • by GrahamJ ( 241784 )
        I naively intended that as a rhetorical question but yours definitely sounds like the right answer. What a blatant abuse of power, it's sickening.
      • by Anonymous Coward

        Sad to see how quickly 5 eyes states have descended into fascism. This mass surveillance has only been going for a few years now. 2010 was GCHQ's full take, NSA only gained basic access in 2007.

        And yet there is a clear and distinct swing to oppressive almost fascists states by each one of the 5 eyes countries.

    • by dbIII ( 701233 )
      To catch whistleblowers without owing the NSA anything. There's apparently (ten year old info) a lot of foreign collected data that becomes "US eyes only" and getting something reclassified is not trivial.
      Also there has been noise about using it to track down copyright violations, also not worth the NSA's time.
      Plus we don't really know how much is collected with carnivore or whatever the current Five Eyes system is. It may not actually be slurping up everything.
    • by MrKaos ( 858439 )

      if the Five Eyes slurp it all up anyway? They already have access to these data, why bother making ISPs keep it too?

      As a cache. If an analyst decides to pay attention to you the Xkeyscore can query the cache on the ISP and then slurp any future data. It's must be a spooks wet dream - get the target to pay for their own surveillance.

    • by drsmithy ( 35869 )

      if the Five Eyes slurp it all up anyway? They already have access to these data, why bother making ISPs keep it too?

      So it can be used domestically and legally.

      This is about intimidating political opponents, whistleblowers and copyright infringers.

  • by Anonymous Coward

    If these people were actually conservatives, then they'd try to maintain the status quo, not introduce new controls, etc.

    They are not conservatives, but rather progressives, as they seek progressively more authoritarian ends.

    • by dbIII ( 701233 )
      The word is "reactionary" and they want to go back to the ways of the "good old days" of England that inspired America to revolt. The sort of stuff Dickens complained about is their template.
    • by drsmithy ( 35869 )

      If these people were actually conservatives, then they'd try to maintain the status quo, not introduce new controls, etc.

      They are conservatives. They want to go back to the good old days of Feudalism.

      Progressivism is how we escaped that history and created democracies, free speech, equal rights, and the like.

  • Time for literally everyone to become a journalist.
    • by jimmux ( 1096839 )
      Time to dust off the old blog, or does new media not count? I'd like to see where they draw the line on that one.
    • by GumphMaster ( 772693 ) on Thursday March 26, 2015 @06:15PM (#49350451)

      The law tightens the definition of "Journalist" over that in the existing Evidence Act so that this is impractical.

      Evidence Act

      Journalist means a person who is engaged and active in the publication of news and who may be given information by an informant in the expectation that the information may be published in a news medium.

      This law:

      (i) a person who is working in a professional capacity as a journalist; or (ii) an employer of such a person;

      If you are not being paid to be a journalist or paying someone to be a journalist then you are not a journalist, and warrants are not required, under this law. A subtle and deliberate difference.

      • by vux984 ( 928602 )

        If you are not being paid to be a journalist or paying someone to be a journalist then you are not a journalist, and warrants are not required, under this law. A subtle and deliberate difference.

        If you are collecting ad revenue from your blog, that's good enough to make a hobbyiest a "commercial drone operator" subject to FAA regulations in the USA. Maybe that'll work for "journalists" in Australia.

      • Okay, that's pretty awful.
      • So if you publish on a blog (with adds) then it's journalism. The copywrite cartels have set the legal presedent on the matter.
      • Could this be a way to 'save' newspapers?

        Find a journalist you like and set up a system that you pay them a buck a month? If they are nice they could offer you access to their stories ad-free as a bonus.

        Or just use the existing subscription model, just change it from "subscribing" to "financing" and you are employing your favorite organization or reporter.

  • by Anonymous Coward

    So journalistic meta data requires a warrant but everyone else doesn't? Or am I just reading that wrong? If I am reading that correctly why are journalists marked as special snowflakes when it should require a warrant for anyone's data?

    • No you are not reading that wrong. Journalists sources have (had) protection in courts under the Evidence Act for a long time, and the definition of journalist was quite broad. The early versions of this bill subverted that protection completely, but a watered down protection of journalists sources was added to secure the major opposition party's support. They deliberately narrowed the scope of "Journalist" to limit the number of warrants that might need to be sought.
  • by blackpaw ( 240313 ) on Thursday March 26, 2015 @05:58PM (#49350345)

    I activated my VPN after seeing the headline, I keep forgetting to do that.

    I should trial configuring it on my router.

  • by Letophoro ( 1417231 ) on Thursday March 26, 2015 @06:03PM (#49350377)
    is that it also makes warrant canaries illegal. [arstechnica.com]
    • by Anonymous Coward

      So much for free speech in Australia. Do they have any tech companies? Or even large companies that they can't afford to lose. Maybe if those businesses decide to pick up any leave due to the harsh nature of this, things will change.

      I think 6 month retention might be reasonable. But in any situation, warrantless is not okay.

      By the way, American in the U.S. here.

      • by aiht ( 1017790 )

        Do they have any tech companies?

        Yeah... probably not for long.

      • So much for free speech in Australia

        What made you think we have such a thing? The US constitution does not apply globally.

    • by AmiMoJo ( 196126 ) *

      Australia is a common law country, right? Is it even possible for them to put you in a position where discontinuing an action is illegal, effectively forcing you to do it? Obviously they passed the law, but would it stand up in court?

      I'm trying to think of some legal basis to challenge it. What if the canary required signing with two PGP keys to be considered valid, and one of those keys was held by someone outside Australia? The victim in Australia wouldn't be able to force them to sign the canary, but mig

  • by Anonymous Coward

    The cost of implementing this is probably going to send us to the wall. I am so glad that the Liberal government is looking after small business!

    • by aiht ( 1017790 )

      The cost of implementing this is probably going to send us to the wall. I am so glad that the Liberal government is looking after small business!

      I'm so sorry. I wish you the best of luck.

  • by SuperKendall ( 25149 ) on Thursday March 26, 2015 @06:15PM (#49350445)

    Isn't it better for people in Australia to know their network data will be retained for two years, than for the people in the U.S. to be unaware data is being retained, but then in actuality have it retained forever by the NSA?

    • by agendi ( 684385 )
      This is so that ISP's have to retain it for 2 years. The Govt. can gather it and keep it indefinitely. Though terrorism was the bogey man used to get this through, this law is more about discouraging whistle-blowers.
    • by wjcofkc ( 964165 )
      Or they simply transfer the data to the NSA for safe keeping after the two years are up. Perhaps a bit pessimistic, but at the same time it would not be a surprise.
  • by MrKaos ( 858439 ) on Thursday March 26, 2015 @06:27PM (#49350519) Journal
    stroy to /. [slashdot.org]

    and I wrote to the politicians as well, bad day for Australia.

    • by MrKaos ( 858439 )

      It's ok to protect ordinary people from organised crime, right? I've been writing letters to senators to try and let them know why it was such a bad idea all week. Why is it all the really fucked bills have to be 'rushed through'. I reckon the game for politicians is how well they can deceive the population, en masse to pass these really nasty laws whilst the media serves to keep everyone in the dark. They must be high fiving each other now.

      I analysed the bill and whilst I won't include the letters I wrot

  • From a quick check of text ISP side retention appears similar to previous failed US attempts. Basically ISP connection "session" level detail.

    ISP assigned IP, aggregate data and packet counts, physical connection point..etc. with a uniform minimum retention period... Frankly shit most ISPs keep anyway.

    On the Information provider side (websites, email providers) retention appears to be per mail or transaction... an access log or email log file... This is on the hosting side only not ISP side unless of cou

  • So while I have nothing to hide, the data retention bit makes little to no difference to 99% of the population, not that I agree with it in the slightest.
    What stinks most about this bill is that 100% of the cost of this surveillance measure is to be borne by the consumer.

    The government reckons the cost is $4 per person, per annum, so $80,000,000 per year (give or take) while the Telco industry say it will be closer to 10x that amount, meaning everyone's internet/phone bills will increase by around $5-10 per

    • ISP's should make this an explicit surcharge on people's bill. Something like "fee to store your personal browsing info for eternity, for more info contact your government representative". It's probably the only way to get the general public to pay attention to this

  • by Anonymous Coward

    .. this was power elite flunkies doing their owners bidding.

  • Anyone know a decent VPN service that doesn't require some silly non-standards client to be installed on the desktop for it to function?
    • You could do what I have done. I am in the US, and this costs me about USD 8-9 per month on average, and I don't know what hoops you may have to jump through, but this should work in theory:

      Sigh up for Amazon Web Services (AWS) and get yourself an EC2 instance. Use the AMI for OpenVPN-AS. Configure it to use TCP/443, which will make your traffic look like any other HTTPS traffic.

      On the billing details, (again, this is USD, not AUD), I spent about $100 to get a three-year reservation on a t1.micro instanc

  • by bug1 ( 96678 ) on Thursday March 26, 2015 @07:27PM (#49350825)

    There was a poll done by essential media, who do regular party polling (not the best), but often ask interesting questions.

    Question + Result here http://essentialvision.com.au/... [essentialvision.com.au]

    The voters of both major parties dont want this legislation, but both parties negotiated so there is "bipartisan support on national security".

    No effective opposition mean no effective democracy.

    Next up is the censorship bill, or three strikes or whatever which will likely go the same way.

  • Under the pretext of protecting us from the Islamo-Fascist bogyman and other such phantasms, the Aussie gov legalized warrentless spying on its own citizens. And this will be totally ineffective against organized crime, arms dealers, drug smugglers and state sponcered versions of all three.
    __

    "A watched population is a compliant one"
  • Australia Passes Mandatory Data Retention Law

    Passes like a bowel movement?

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