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2 Year Data Retention For Australian ISPs

freddienumber13 writes "Following similar acts passed by foreign governments, the Australian government is now seeking feedback on its plans to bring into law the requirement for ISPs to retain user data for up to 2 years. They're also seeking changes to the law that would allow undercover ASIO agents and its sources to commit crimes which would include, for example, hacking into your computer."

31 of 86 comments (clear)

  1. Sincerely hope this doesn't happen by treff89 · · Score: 4, Insightful

    I hope our pollies' blatant disregard of anything other than what will make them the most popular will contrive to prevent this from being passed!

    Also, first.

    1. Re:Sincerely hope this doesn't happen by Anonymous Coward · · Score: 2, Interesting

      Kinda sad the only political party against this is the Greens.

    2. Re:Sincerely hope this doesn't happen by mug+funky · · Score: 2

      australia doesn't have politicians anymore. politics was privatized and is now run by the mob at Fremantle Media that handle Big Brother.

      i wish i could vote for some person or party that weren't just the least worst. i'd like to vote for someone i actually agree with.

      the greens are as close as i can get, but they're certainly not perfect, and in any case number 2 on the ballot will end up with the vote, so i'm just bit-shifting my inevitable choice between labor and lib.

    3. Re:Sincerely hope this doesn't happen by mug+funky · · Score: 4, Informative

      in this country, we say "ARSE". we also don't say "we the people".

      australian patriots have appropriated a disturbing amount of american sentiments without even knowing.

  2. Re:Fuck you Australia. by MichaelSmith · · Score: 4, Insightful

    People say the USA is bad, but Australia seems to have the most draconian internet legislation I've heard of.

    This is US policy by proxy. The US pushes foreign governments into doing stuff like this in return for "cooperation", especially trade agreements.

  3. huge wishlist of new surveillance powers here by indaba · · Score: 4, Informative

    From crikey.com.au
    "The final terms of reference for the inquiry match the proposals sent to the committee by Roxon, and include the controversial 2 year data retention proposal long urged by Attorney-Generalâ(TM)s bureaucrats. However, the committee has now also published a discussion paper prepared by the Attorney-Generalâ(TM)s Department to commence the inquiry, outlining the rationale for three types of proposals: those the government wants to progress, those it is considering, and those it is merely seeking views on."
    http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/additional/discussion%20paper.pdf

  4. 1984 by Anonymous Coward · · Score: 3, Insightful

    Orwell's 1984 was supposed to be a warning Ms Roxon, not a guidebook for you.

  5. Too many weasels by Anonymous Coward · · Score: 3, Interesting

    Who are the weasels who think up shit like this ? I'm reasonably certain that if any citizen obtained the communication history of any other, they'd be thrown in jail.

    When these moronic wombles (http://www.youtube.com/watch?v=EP7CDvQULXw) get the sack, Australia will be a better place.

  6. would allow ASIO agents to commit crimes... by Anonymous Coward · · Score: 3, Funny

    With police like these, who needs criminals?

  7. Feedback by Barefoot+Monkey · · Score: 4, Insightful

    Asking for feedback? You know what that means? It means that if you are Australian then you really ought to tell them what you think about this. Ideally before the end of the month to be sure that your feedback can be read before the hearings start.

  8. much more permissive warrant regime as well by indaba · · Score: 4, Informative
    Material stored for 2 years is the least of it. ASIO wants a much more permissive (weaker ?) warrant regime ...

    "Modernise and streamline ASIOâ(TM)s warrant provisions" means fixing these perceived problems:

    • * if there are multiple computers on a premises, and it is only discovered upon entering the premises for the purpose of executing a warrant that a particular computer is not connected to the computer system specified in the warrant, it would be necessary to seek another warrant
    • * A new warrant is required in every instance where there is a significant change in circumstances.
    • * warrants under the ASIO Act currently last for a maximum of six months, except for a search warrant which must be executed within 90 days
    • * the current provisions in the ASIO Act do not enable a warrant to be extended.
    • * In approximately one third of cases more than one ASIO Act warrant type is sought against a particular target. Under the current provisions, this requires the preparation of multiple applications, each reâcasting the available intelligence case to emphasise the relevant facts and grounds to satisfy the different legislative requirements of the various warrant types
    • * Subsection 25A(5) currently restricts ASIO from doing anything under a computer access warrant that adds, deletes or alters data or interferes with, interrupts, or obstructs the lawful use of the target computer by other persons
    • * it is not always feasible to execute a search warrant on a person of interest while they are âat or nearâ(TM) the premises specified in the warrant.
    • * The requirement to maintain a list of the individual names of each officer who may be involved in executing a warrant can create operational inefficiencies for ASIO.

    naturally, there are solutions proposed for all these issues !

    1. Re:much more permissive warrant regime as well by egnx · · Score: 2

      Same old same old: government terrified of the internet, USA pushing its own agenda in other coutries politics, police/spooks wanting to widen their scope to the point where they can do what they like, sprinkle in a few think of the children / terrorists and apply to just about any country just lately.

  9. Re:Fuck you Australia. by bmo · · Score: 4, Interesting

    >This is US policy by proxy.

    That it is, and if it's not direct, it's a wink and a nod, because our politicians can then turn around and tell us here in the states that we need to "harmonise" with our trade partners, and thus things like SOPA and Lamar Smith's recent shenanigans by chopping up SOPA into smaller bits and getting the pieces passed.

    It's a gigantic circle jerk with nobody's actual rights, or even opinions, being considered except those of the media companies and the statists.

    Just wait for Romney to be elected. The fix is in.

    --
    BMO

  10. It's coming, even though we don't want it by skegg · · Score: 5, Insightful

    So much for a fucking democracy. Virtually none of us want this and yet it'll still get passed.

    And what the fuck is going on here: the same politicians who want all of our secrets are keeping mum when it comes to themselves:

    Web snooping policy shrouded in secrecy
    No Minister: 90% of web snoop document censored to stop 'premature unnecessary debate'

    How the FUCK did we end up in this bizarro world?

    1. Re:It's coming, even though we don't want it by dontclapthrowmoney · · Score: 3, Funny

      How the FUCK did we end up in this bizarro world?

      This is how:

      Gillard FTW

    2. Re:It's coming, even though we don't want it by Nyder · · Score: 2

      So much for a fucking democracy. Virtually none of us want this and yet it'll still get passed.

      And what the fuck is going on here: the same politicians who want all of our secrets are keeping mum when it comes to themselves:

      Web snooping policy shrouded in secrecy
      No Minister: 90% of web snoop document censored to stop 'premature unnecessary debate'

      How the FUCK did we end up in this bizarro world?

      By not doing anything.

      You want change? go make change, namely, get the right people in office, any way you can.

      --
      Be seeing you...
    3. Re:It's coming, even though we don't want it by nedlohs · · Score: 2

      They haven't forced stupid policies on us?

  11. Re:Fuck you Australia. by c0lo · · Score: 4, Informative

    People say the USA is bad, but Australia seems to have the most draconian internet legislation I've heard of.

    This is US policy by proxy. The US pushes foreign governments into doing stuff like this in return for "cooperation", especially trade agreements.

    Hear, hear...

    --
    Questions raise, answers kill. Raise questions to stay alive.
  12. Here's a suggestion by Anonymous Coward · · Score: 5, Insightful

    Lets have TOTAL TRANSPARENCY in government first (let's call it wikileaks diplomatic cables on steroids) AND then, and only then can you record any conversation or discussion or action for two or more years of those you govern... Feels different when it's on the other foot doesn't it...

  13. I would write my local MP and complain... by jonwil · · Score: 2

    But I am in a somewhat safe liberal seat and writing to Steve Irons is likely to get no response or some sort of canned response about how important this is for the security of our nation.

  14. Re:Only 2 years ? by thed8 · · Score: 3, Interesting

    I think 2 years means it will all be gone by the time anyone wants to look, so if you really want the data then something like 10 years is needed along with a mandated retention system. Every litigation I've been involved in has lost data even when a company had a 7 year retention policy. Not through any malicious erasures but through hardware or software failures. One even had a printout but it was no longer legible. Do the Management and IT guys go to jail because a hardware device failed after 1 year 11 months? Or 6 years and 11 months? Or because they can't find it and the people who were responsible then are long gone? Don't get me wrong I think it is a mistake to require the retention, but if you are going to require it, then do it right. If Australia really wants the data they better say forever and they better decide on a highly reliable storage system and require that as well IMHO.

  15. Re:Fuck you Australia. by bmo · · Score: 2

    >Not only is everything the fault of Republicans, this is even true when the things happening are in other countries *and* when State is run by liberals and the administration and Senate are run by Democrats. Unbelievable.

    Currently it's the fault of the Republicans but we have had people previously like Senator Disney (aka Hollings) and Sonny Bono. Remember them? It all depends on who gets bought the most. The one needing to be bought this time just happens to be Lamar Smith since he runs the Judiciary Committee.

    But what I was referencing in my closing statement about Romney was the foreign policy people he's got as his advisors and future members of the Cabinet. He's got the entire board, except for one obvious person, from the Foreign Policy Initiative, aka PNAC II. You think bullying American influence is bad now under Obama? Just you wait.

    --
    BMO

  16. Classic Fishing by Anonymous Coward · · Score: 2

    Classic fishing, choose the person you want to arrest, then fish till you find something to arrest them for. In the UK we have a catchall law, the 'extreme porn' law, that makes it a criminal offence to view porn that is classed as 'extreme' (pretty much all of it except vag penetration).

    It's been used several times now to put people away as a side crime after the search of computers and Internet data failed to make a case against the person they wanted to arrest.

    Egypt just elected a government, and the military are still basically in power, and the court appointed by the military ruled that Parliament can't meet because some of the members were elected in seats the military decided had to be contested only by minor independents. As if the military can pre-select the people who can stand for election, thus rigging the election the way they wanted.

    I've said it before, THE BIGGEST THREAT TO FREEDOM FROM ANY COUNTRY IS MILITARY INDUSTRIAL COMPLEX. The army and spooks, whether its the KGB or NSA or the Egyptian Secret Police or J Edgar Hooover, they ALWAYS end up misusing broad powers like this and taking power out of the democracy.

    Why would you put innocent people under surveillance just in case they might do something you don't like in future??

  17. Why is that ever okay? by Antony-Kyre · · Score: 2

    If it's not okay for a private citizen to do, why should it ever be okay for the government to do? I haven't read the article, so unless they mean getting a court order in order to break into someone's computer (call it what it is), then I don't see it as being okay. (I'm not Austrlian.)

  18. Log printer by flyingfsck · · Score: 2

    Set up a dot matrix printer with continous paper and let it spool down the elevator shaft into the basement. If the spooks come looking for data, point them at the basement door...

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
  19. Re:Fuck you Australia. by Nyder · · Score: 2

    ...

    Just wait for Romney to be elected. The fix is in.

    I heard that 4 years ago with Obama.

    Hope and Change.

    I lost hope and can't afford to make change.

    --
    Be seeing you...
  20. Time to member up the Pirate Party of Australia by pipedwho · · Score: 5, Informative
  21. What could possibly go wrong? by GiantRobotMonster · · Score: 3, Interesting

    Pretty useful for nefarious purposes to have access to the last two years of somebody's traffic...
    Identity theft will be impossible to guard against.
    The ISPs responsible for storing all this data, need to do it at the lowest possible cost. That always works out well....

    The best bit will be the assumption that all this data collected from the ISP couldn't possibly be wrong, incomplete, or misleading.
    Framing people for child pornography, murder, terrorism, sedition, etc, will become really really easy -- gain access to someone's LAN, and you can paint a big red X on them that lasts two years!

    Aside from coming up with a better system of government that won't use Orwell as a how-to guide, we need to massively ramp up the level of cryptographic protection considered acceptable -- a million orders of magnitude ought to slow the bastards up for a while....

  22. Re:Fuck you Australia. by bmo · · Score: 2

    >Again, look at who's actually been in charge for the last three years and in control of such things.

    The people in charge of SOPA and such, where all this shit originates, are the Republicans in the House Judiciary Committee which they own. If you watched (I did) the mark-up meeting, nearly every Republican was voting against every sensible amendment. Fortunately it died then, but Lamar Smith (R) is trying to shoehorn the worst of it in pieces now and he's got the rest of the committee behind him. Again, the House Judiciary Committee, which he heads.

    It depends on how many Dems can be bought off. Polis(D), Issa(R), and Lundgren(D) and another R that I can't recall right now can't be bought off on SOPA kinda things, but they are in the very tiny minority. If a mutant SOPA can escape the committee and go to the floor, if enough Dems and Repubs (probably won't need to get bought, they'll just follow their leadership) get bought, it could cross Obama's desk and at that point I'd give it a 80 percent chance of signing, because it would be "bipartisan" (puke).

    >A collection of the same old remoras that have been attached to previous Republican candidates would not be promising especially in that light.

    That's exactly what's been going on. "Bush" never left, because the people who found a patsy in GWB, have found another patsy in Romney. These days of the Republican Party make me pine for the old days of Nixon. Friggin' seriously. Barry Goldwater is probably furiously rolling in his grave.

    If an argument can be made that Obama is a patsy, at least he's a patsy for different people.

    >voter fraud

    Don't fall into the trap of bad vocabulary, what you really meant (and described) was electoral fraud. Voter fraud is the distraction brought up by the usual suspects to distract from the electoral fraud. The whole voter-ID thing is a solution looking for a problem.

    And you betcha that vote flipping is going to happen especially in counties that have pure electronic voting (unlike here, where we have scantrons). I'll bet everything I own on it. Pair that with mass disenfranchisement through voter-id like in PA now, and the fix is in. For sure.

    Anyway, that is my tinfoil. If you don't like my tinfoil, get your own.

    --
    BMO

  23. Re:Fuck you Australia. by robably · · Score: 2

    because our politicians can then turn around and tell us here in the states that we need to "harmonise" with our trade partners,

    Funny how it always harmonises towards oppressive control.

  24. Re:Fuck you Australia. by bmo · · Score: 2

    Let me think of a mod...

    Funny? no.
    Insightful? no. It's pretty obvious.
    Informative? only if you've been living under a rock
    Redundant? per the rules, it hasn't been repeated excessively, so no.
    Overrated? don't know, probably not. This is a chickenshit mod anyway.
    Underrated? Hasn't been already modded down, so no.

    +1 "sad and disappointing to everyone who reads it because it reminds them of the reality. I'm gonna take some valium."

    --
    BMO