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Accessing One's Own Metadata

skegg writes: Frustrated journalist Ben Grubb has documented his attempts at gaining access to his own metadata from his carrier. "After more than a year of phone calls and emails and a private mediation session, it still hasn't released the information or answered my one key question satisfactorily: the government can access my Telstra metadata, so why can't I?" Later, he says, "Telstra's one and only valid argument to date has been that identifying who calls me would be in breach of that person's privacy if they called from an unlisted number. I've agreed and said that in providing me with my metadata they should remove unlisted numbers. They argue this would be too difficult to do, which I think is baloney."

94 comments

  1. Baloney? by Anonymous Coward · · Score: 4, Funny

    Don't you realize they'd have to re-lubricate the DB2 indexes with heavier oil to fulfill your request? Do you have any idea how hard this is? I just love it when normal people think data like this can be magically retrieved.

    1. Re:Baloney? by alex67500 · · Score: 3, Insightful

      If it can't be retrieved and reworked easily, then it was badly stored and organised in the first place...

    2. Re:Baloney? by Opie812 · · Score: 0, Troll

      And if my aunt had a dick, she'd be my uncle. What's your point?

      --
      I'm not a nerd. Nerds are smart.
    3. Re:Baloney? by alex67500 · · Score: 1

      I just love it when normal people think data like this can be magically retrieved.

      I was replying to that part. I think the point is clear.

    4. Re:Baloney? by Anonymous Coward · · Score: 0

      Which describes 90% of legacy telecoms systems (and a large number of modern ones too)

    5. Re:Baloney? by Jane+Q.+Public · · Score: 5, Insightful

      If it can't be retrieved and reworked easily, then it was badly stored and organised in the first place...

      That's not the problem. They DON'T WANT to give people this data. Because once they do, everyone will demand it, and wives will be filing for divorces over it, spawning lawsuits... etc.

      Let's put this in perspective: for decades, Ma Bell here in the U.S. denied, even to government, that they had complete records of who called whom, and when for every telephone in the country. In fact this led to the whole thing in TV and movie dramas of "keep them on the line long enough to trace the call". Calls actually haven't needed to be "traced" since the 1960s, but nobody told the government. This led to some huge lawsuits, when an electronics technician accidentally stumbled onto a manual for the machines that were used to compile the phone records.

      How many murders, kidnaps, etc. were never solved because the government did not know this information existed?

      When asked why they never told anybody, phone company representatives said they didn't want customers to know they had the information to give them itemized bills.

      Never underestimate the nefariousness of large corporate execs.

    6. Re:Baloney? by Jane+Q.+Public · · Score: 1

      I meant to add:

      The fact that this information exists is not, of course, license for the government to be snarfing it up willy-nilly. They should have to get a warrant.

    7. Re:Baloney? by Anonymous Coward · · Score: 0

      How many murders, kidnaps, etc. were never solved because the government did not know this information existed?

      Who cares? I would have rather the government never discovered this. Now they use it to violate everyone's privacy.

      And I know you said they should have to get a warrant, but in practice, if the information exists, they're going to suck it all up.

    8. Re:Baloney? by tibit · · Score: 1

      Kerosene? No on the instances I manage. It's all coal and steam powered.

      --
      A successful API design takes a mixture of software design and pedagogy.
    9. Re:Baloney? by Jane+Q.+Public · · Score: 1

      And I know you said they should have to get a warrant, but in practice, if the information exists, they're going to suck it all up.

      Just no. That is actually a very recent phenomenon, due to new laws and government irresponsibility since 9/11.

      Prior to that, the government was much better kept in check. There might have been transgressions here and there, but they were very clearly illegal and people got prosecuted for them.

    10. Re:Baloney? by TapeCutter · · Score: 1

      I worked for them for several years, of course they can retrieve that information, they do it on a regular basis for the cops. Half of the info is on the itemised phone bill. What you won't get (without a court order) is the other half of the information about who called you.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    11. Re:Baloney? by TapeCutter · · Score: 1
      Nitpick: We have no fault divorce here in Oz and the "old" telstra was state owned up until the 1990's.

      However your logic is spot on. Telstra can retrieve the information easily (and do on a regular basis for police work). However the law does not compel them to give it to customers and they don't want to set a precedent by doing so. The only way you will get it is to wave a court order at them. Good luck, their lawyers are very likely better qualified and more numerous than yours.

      Calls actually haven't needed to be "traced" since the 1960s, but nobody told the government.

      I think you meant to say, 'nobody told hollywood', I was born in 1959, it has been common knowledge since at least the early 70's that the "keep 'em on the line" trope is bullshit, in the same way CSI style "infinite zoom" is widely seen as a 'theatrical device" today.

      Personally I appreciate it when hollywood takes pride in getting the scientific and technical detail straight and the idea seems to be more popular than ever with shows like the Simpsons, Futurama, BBT, etc. But I still enjoy Star Trek, Dr Who, Buffy, et-al because the trick to good entertainment is not accuracy, colour, or special effects, it's about "suspension of disbelief". We enjoy drama because it tells a human story, it's the fictional human interactions that enthrall us, not the fictional events they are reacting to. If the interactions are implausible the theater will be empty, if the events are implausible it often adds interesting twists to the human story, eg Douglas Adams infinite improbability drive..

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    12. Re:Baloney? by alex67500 · · Score: 1

      But hang on, I thought people in the US paid to receive calls on cells? Does that mean you pay, but can't get a detailed billing of what you're paying for?

  2. Bull by gurps_npc · · Score: 3, Insightful
    Now, if they charged him a ridiculous fee for such gathering, that would be another thing.

    But their is no way they "can't figure it out"

    --
    excitingthingstodo.blogspot.com
    1. Re:Bull by Richard_at_work · · Score: 3, Insightful

      Why should they "figure it out"? They don't owe him this information, it wasn't in any contract he signed to provide it to him, so why should they have to?

    2. Re:Bull by sumdumass · · Score: 5, Insightful

      Because if they do not offer this metadata as a product at minimum accessible to the people involved, there is a strong case that it is private and the feds or any government organization accessing would absolutely require a warrant according to the constitution.

      This is actually about more that trying to see what the government is accessing.

    3. Re:Bull by Anonymous Coward · · Score: 0

      Why should they "figure it out"? They don't owe him this information,

      i thought companies were required to release any and all information they hold on an individual to them at their request?

    4. Re:Bull by Hotawa+Hawk-eye · · Score: 4, Informative

      According to the article, he claims that the law requires them to provide him with the information.

      So I asked Telstra to provide me with all of the metadata it had stored about my mobile phone account, informing them that they had a duty to do this under the Privacy Act's National Privacy Principles, which gives Australian citizens a right of access to their "personal information" from a company, and the right to have that information corrected if it is inaccurate, incomplete or out-of-date.

      After about a month of back and forth phone calls chasing up a response, Telstra refused me access, saying I needed a subpoena to access the data. A subpoena is a writ usually issued by a court with authority to compel production of evidence under a penalty for failure.

      As I didn't have the cash to sue Telstra and get a court to issue a writ, I complained to the federal privacy commissioner, claiming Telstra was in breach of the Privacy Act.

      Now it's up to the privacy commissioner to decide who's correct: Telstra or Mr. Grubb.

    5. Re:Bull by gurps_npc · · Score: 4, Informative
      RTFA

      Why should they figure it out? Because he referenced Australia's Law that said they had to.

      Specifically, the Privacy Act's National Privacy Principles law:

      http://www.oaic.gov.au/privacy/privacy-act/national-privacy-principles

      NPP section 6 says: "Gives individuals a general right of access to their personal information, and the right to have that information corrected if it is inaccurate, incomplete or out-of-date."

      --
      excitingthingstodo.blogspot.com
    6. Re:Bull by Anubis+IV · · Score: 4, Informative

      I'm not an Australian, so I may be misunderstanding some of the terminology involved, but it's my understanding that they actually do owe him that information, based on National Privacy Principle 6 (NPP 6) from Australia's Privacy Act of 1988.

      Here's a quick summary over the relevant NPP:

      Access and correction

      NPP 6 requires an organisation to give a person access to personal information that it holds about them, if requested. If a person establishes that the information is not accurate, complete or up-to-date, the organisation must take reasonable steps to correct the information. If the person and the organisation disagree about accuracy, and the person requests it, the organisation is required to include a statement that the individual claims that the information is not accurate, complete or up-to-date.

      Organisations may deny an individual’s request for access to information about themselves in a limited range of circumstances. These include if:

      • providing access would:
        • pose a serious and imminent threat to the life or health of any person (for health information the threat need not be imminent); or
        • have an unreasonable impact on other individuals’ privacy; or
        • prejudice negotiations between the organisation and the individual; or
        • be unlawful; or
        • prejudice an investigation of possible unlawful activity; or
        • prejudice law enforcement activities; or
        • cause damage to Australia’s security;
      • the request for access is frivolous or vexatious;
      • the law authorises or requires access to be denied; or
      • the information relates to existing or anticipated legal proceedings between the organisation and the individual, and would not be accessible by the process of discovery in such proceedings.

      An organisation must provide reasons for denial of access or for a refusal to correct personal information. If an organisation charges for providing personal information, those charges must not be excessive and must not apply to lodging a request for access.

      Which is to say, unlike in the US, the data actually may be owed to the customer in this case if the customer makes a request for it. The organization may not provide the information, but they have an obligation to have a very good reason for having done so, else they should have provided the data.

      Again, I may be misunderstanding things or unaware of later changes to the law, but I'll share what little I know in the hope that someone more knowledgeable can correct me if I'm off-base.

    7. Re:Bull by fustakrakich · · Score: 2

      It doesn't matter if it's private. The company owns it. They can give it who they want to. And besides, the constitution is a ceremonial document, a showpiece, a facade. The Queen still rules all of Oceania.

      --
      “He’s not deformed, he’s just drunk!”
    8. Re:Bull by tibit · · Score: 1

      It's the law. It's illegal for them not to provide that information to him. Sure, they don't owe him anything :)

      --
      A successful API design takes a mixture of software design and pedagogy.
    9. Re:Bull by LessThanObvious · · Score: 1

      Thanks for post the actual legal info. It seems in this case their denial follows the have an "unreasonable impact on other individualsâ(TM) privacy" as the data currently exists. He'd have to test it through courts to see if they are obligated to provide a means to reformat of redact data that violates that protection.

    10. Re:Bull by Anonymous Coward · · Score: 0

      Yes, his is a noble effort at making things better.
      It will all end in lies, of course.

    11. Re:Bull by Obfuscant · · Score: 1

      NPP section 6 says: "Gives individuals a general right of access to their personal information, and the right to have that information corrected if it is inaccurate, incomplete or out-of-date."

      Is call usage data "personal information" as defined by law? Or is it billing data collected to bill a customer?

      As for the "unlisted" claim, that's not the correct criterion. The correct criterion should be "called ID blocked". That seems obvious to me. The person asking for the data will have the caller ID data already (if they have that service) and they'll know who they called, or they could if they logged their own data.

      What they will not have is the name and address of the caller which wouldn't be part of the call records anyway. Telstra would have to verify the setting of the caller's caller-id blocking on the day that the call was made to know if they should release the number or not, and that is going to be very very hard to do.

    12. Re:Bull by Aighearach · · Score: 1

      Organisations may deny an individual’s request for access to information about themselves in a limited range of circumstances. These include if:

      ...

      • the request for access is frivolous or vexatious;

      I could drive a truck through that one. Why does he want the data? Just because? Sounds frivolous.

      It seems they wrote the law to say that you can have the data as long as you have a good reason to want it, but it won't affect any negotiation or lawsuit. So basically, you can have the data if you need it, as long as you don't need it very badly.

      It may be a bunch of horseshit, but that doesn't mean the company is legally wrong. It might just mean the law was written by the affected companies, and not by consumer advocates.

    13. Re:Bull by sumdumass · · Score: 1

      You do appear confused. Perhaps you were writing a fictional book or something and forgot which plot line goes with reality?

    14. Re:Bull by fustakrakich · · Score: 1

      What have I ever said that contradicts the reality of might makes right? What fictional world are you in?

      --
      “He’s not deformed, he’s just drunk!”
    15. Re:Bull by sumdumass · · Score: 1

      the constitution is a ceremonial document, a showpiece, a facade. The Queen still rules all of Oceania.

      That is what contradicts reality.

      And as to

      It doesn't matter if it's private. The company owns it. They can give it who they want to

      Not if the reason they have it is because the law requires them to have it. laws about billing records and such do require them to have it.

    16. Re:Bull by fustakrakich · · Score: 1

      That is what contradicts reality.

      I guess you can pick the reality that suits you. The guy with the gun always the last word, with or without your little constitution.

      --
      “He’s not deformed, he’s just drunk!”
    17. Re:Bull by sumdumass · · Score: 1

      Sigh.. I have the gun too. Lots of them actually and in several different geographical locations.

      This is getting too silly.

    18. Re:Bull by fustakrakich · · Score: 1

      Well, then it should be obvious, the guy with the biggest gun and the fastest draw wins, unless/until an agreement can be made, and kept. Once it's broken, all bets are off, and the cycle repeats. This is the history of man. If you want all the superficial little details, read a history book. And don't forget to vote on reelection day...

      --
      “He’s not deformed, he’s just drunk!”
    19. Re:Bull by Anonymous Coward · · Score: 0

      You dick. Private data may be stored by them but freedom of information/data protection laws normally allow you to see what data is being held on you. The phone company isn't a national security protected TLA just yet.

  3. Request the government to provide it by Punko · · Score: 4, Interesting

    If the government already has your meta data, request the government to provide you a copy. At no time should a government have any information about you that you cannot fully review.

    --
    If only we could fall into a woman's arms without falling into her hands
    1. Re:Request the government to provide it by Anonymous Coward · · Score: 0

      And while you're at it, request the metadata about your metadata requests.

      Meta.

    2. Re:Request the government to provide it by Anonymous Coward · · Score: 0

      This is all legalese. Is there any legal requirement for them to give the information they have on you, outside of say a FOIA request?

    3. Re:Request the government to provide it by Anonymous Coward · · Score: 0

      Many countries have Freedom of Information Acts (UK) or similar that regulate what a government entity may hold on you, and whether you can gain access to that info. Even with those laws in place, it is often a battle to get at the data that the law says you can have freely and openly.

    4. Re:Request the government to provide it by maynard · · Score: 1

      This is Australia. Even if they did have it - and they do - they still wouldn't be able to find it. And while they're milling about looking - bah, much easier to bugger off an hour or two early to the local pub for a pint.

    5. Re:Request the government to provide it by INT_QRK · · Score: 2

      The problem with that approach is that information releasable under the Freedom of Information Act (FOIA) does not include information that has been classified. Another kicker? The category of unclassified information administratively designated "For Official Use Only" (FOUO) is also exempt release under FOIA. Even though FOUO is clearly defined, its use is increasing applied with considerable discretion, to the effect that Agencies routinely mark nearly everything FOUO these days. I am neither defending nor condemning these practices, just explaining. "Catch-22 is a beauty, all right!" - Yossarian

    6. Re:Request the government to provide it by sumdumass · · Score: 3, Informative

      (US) Interestingly, i was late paying a speeding ticket and failed to appear in court. I was out of town and it completely slipped my mind until i returned home. So i promptly paid the citation and called the police department to see if a warrant for arrest had been issued. The thought was to inform them of the payment so i didn't get stopped and arrested later.

      I had to argue with this clerk until she finally had her supervisor step in. She kept saying she couldn't tell me because i might hide. Of course the supervisor started with the premis that i couldn't be beligerant and disrespectful to the clerk. After i told him all i wanted was to know if a warrant had been issued for me. He answered that one was and i would need to carry the reciept with me in case i was stopped before it was revoked.

      So sometimes, the people working in government might not even know what the law requires of them. Don't give up on the first try.

    7. Re:Request the government to provide it by Bodhammer · · Score: 1

      (US) So sometimes, the people working in government might not even know what the law requires of them.

      Understatement of the year prize candidate here!

      --
      "I say we take off, nuke the site from orbit. It's the only way to be sure."
    8. Re:Request the government to provide it by Anonymous Coward · · Score: 1

      That's why I make so many death threats, If i ever lose my password, i can just call the NSA and get it back!

    9. Re:Request the government to provide it by fustakrakich · · Score: 1

      Just make sure that receipt is already on the dash when you get stopped. Reaching to take it out of the glove compartment or your pocket could get you shot. Things get very touchy when enforcing a warrant.

      --
      “He’s not deformed, he’s just drunk!”
    10. Re:Request the government to provide it by Hotawa+Hawk-eye · · Score: 1

      "The number of law enforcement investigations in which I am one of the parties being investigated" seems like a piece of information about you that the government has a legitimate reason to refuse to provide you. If the government says that there are some such investigations (or delays answering until they have enough information to arrest you) then you're likely to try to reach a country with no extradition agreement with your government before they move. So they're always going to say that there are none or refuse to answer -- and to avoid lying in the case where they ARE investigating you, I'd prefer them to simply refuse to provide that information in all cases, at least until they get into the courtroom.

    11. Re:Request the government to provide it by Anonymous Coward · · Score: 0

      Warrant, hell, there doesn't even have to be a warrant. Police in USA will shoot you for having green eyes, or for wearing a hat, or because your name is Bob and they don't like it. Thank God I live in Mexico where the police just want a little money, they aren't going to murder you to get a paid vacation.

    12. Re:Request the government to provide it by Aighearach · · Score: 1

      Based on the exceptions in the relevant Australian law, it seems that if you even ask about law enforcement they can refuse your request, because they don't give out information that will "prejudice an investigation of possible unlawful activity; or
      prejudice law enforcement activities."
      Even if it will "prejudice" a negotiation with the company. So if the company has information about you that would make the services they're offering worth less than they otherwise claim, they don't have to tell you... until after the negotiations! Yeah, that sounds reasonable... oh, wait

  4. Another Tough Request by Anonymous Coward · · Score: 0

    at least in the US. Ask your medical provider for a full copy of your medical records. Most will balk, some will flat out deny your request citing HIPPA (even though it's your data), and other "misguided" reasons for not complying. One place even wanted to charge me. Capitalism in medicine is bad enough...

    1. Re:Another Tough Request by MobyDisk · · Score: 1

      HIPAA requires them to provide it to you, and sets limits on the fees for doing so. The fees are limited to cover copying the records.
      http://www.gpo.gov/fdsys/pkg/C...

    2. Re:Another Tough Request by Barny · · Score: 1

      Yeah, in Australia we have a new centralised medical records system that patients absolutely CAN access. Heck, all my doctors have my folder open as they chat with me most times. I have even asked to see things and have never been refused.

      --
      ...
      /me sighs
    3. Re:Another Tough Request by gurps_npc · · Score: 1
      1) This is not medical information, it is telephone information.

      2) This is Australia, not the US.

      But there is an Australian law that requires they provide the information requested. It is in fact referenced in the original article.

      --
      excitingthingstodo.blogspot.com
    4. Re:Another Tough Request by MobyDisk · · Score: 1

      gurps_npc: The post I replied to was talking about medical information in the US.

  5. Request the government to provide it by Anonymous Coward · · Score: 0

    Yeah, "should".

  6. Unlisted? by sgunhouse · · Score: 2

    I have to conclude from the supposed difficulty that they store the metadata without noting which numbers are unlisted. Or more correctly, were unlisted at the time, since that status may change.

    1. Re:Unlisted? by gurps_npc · · Score: 2
      They have to fulfill Australia's law. If they failed to store the data in a way that let them satisfy Australia's law, that is THEIR problem, not his.

      At the very least, they could call every number on the list and ask the recipient if their number was unlisted. If the number's owner said no, then they could provide it. If the recipient said yes, they could reasonably withhold that number..

      --
      excitingthingstodo.blogspot.com
  7. Decoding their excuse by nine-times · · Score: 2

    They argue this would be too difficult to do, which I think is baloney.

    I think what they probably mean is, it'd be difficult for them to be able to provide this kind of metadata without risking legal/PR trouble. To make sure that they could provide your metadata without revealing information that could possibly open themselves to criminal prosecution or civil suits would require that they pay lawyers to review the whole process. And then they'd need to spend a lot of time internally figuring out whether they want to spin the whole thing for PR purposes, or if seeing your metadata is too scary the be released at all without a PR nightmare.

    And that's a bunch of work to satisfy one reporter. Doing that opens to floodgates for them to have everyone request it. So now, they have to review their entire data collection policy and create policies for who can get access to what. That's a lot of work.

    I'm not saying they're right to provide access to customer data to the government while denying customers access to their own data. I'm just suggesting that they're probably not lying when they say it's difficult. You just have to know what they mean by "difficult".

    1. Re:Decoding their excuse by Anonymous Coward · · Score: 0

      If it's collected by the gov and we know most govs these days are getting it, you should have just cause to see your own data.
       
      To deny a request by a user to review their own data that has already been acknowledged to having been collected points to the possibility that this "meaningless data" that the gov collects perhaps isn't as meaningless as we are being led to believe.

    2. Re:Decoding their excuse by Barny · · Score: 1

      Well, the thing is, the reporter is more than happy to pay the same fee as other companies (or the government) would pay to access it. The real kicker is, a similar request was made for a major public official and it was denied because it was 'personal information' which, if that is the case, then they MUST make this data available to the owner of it.

      The trick is, of course, for them to have to make requests of every other telco in the country to check if numbers on the list are private. Although the thought that they give such data out to non-government businesses is a little disturbing.

      --
      ...
      /me sighs
    3. Re:Decoding their excuse by Anonymous Coward · · Score: 0

      depending on how many networks the call has traversed, they may have no idea whether or not a number is "unlisted". in a world of portable numbers, and multiple transmission protocols all adhering to loosely interpreted standards, the difficulty in this request is legitimate.

    4. Re: Decoding their excuse by Anonymous Coward · · Score: 0

      It really comes down to simple idea.

      1) Anything a requestor can do is simple and I should not be bothered.
      2) If I don't understand your need it is stupid and unnecessary
      3) If it involves effort from me it is unreasonable and impossible
      4) If you offer enough money to engage the consulting services department we can it but it will take 3x as long as we say and cost 5x as much as our estimate.

      This is corporate IT. Welcome to my hell.

  8. Telstra by Anonymous Coward · · Score: 0

    I work for an aerospace company managing our telecommunications, our accounts with Telstra were used as an attack vector against us, they socially engineered an operator in order to get passwords reset as part of a more sophisticated attack (Thanks for phasing out client digital certificates by the way, good going there). Despite having senior regional managers grovel in apology (or whatever they call themselves these days, hierarchies and titles seem to change every 6 months at Telstra) we were told that their systems simply do not posses high fidelity logging capabilities after-the-fact to provide enough meaningful information to the authorities, that is it say, if they do not enable it specifically beforehand. Not that the authorities care, investigations into instances of 'cybercrime' in Australia are a joke. This particular instance in no way surprises me. This is also the same company that will send over a squadron of trenching vehicles ready to lay 4km of copper when all we needed was a simple phone line attached at an exchange given the cable was already laid a year beforehand.
    Telstra: You're all the same to us whether you have a $50 a month mobile contract or a million plus dollar annual spend.

    * Anonymous because I still have to work with these people everyday...

  9. The reason by Charliemopps · · Score: 2

    The reason, and I think they should just flat out say it because I think it's valid:

    If they allow this guy to get it, then hundreds of thousands of other people will request it as well. They will need to build departments, processes, training, security procedures and create for themselves and very expensive endless quagmire of bureaucracy. Even if he offers to pay for it, someone will eventually sue, somewhere in the world and get it legally defined as a "Right" so then no-one will have to pay. It's Pandoras box, they know it, he knows it, and they are certainly not going to hand him the key.

    Corporations are their own worst enemies at times. Just explain this and explain "We don't want to give it to the government either!! But they're making us!" If they're ordered by a court to release the information, they the court has to deal with most of the legal pitfalls. If the wrong information gets into the wrong hands, that's the courts fault. There's no way they are going to volunteer this.

    1. Re:The reason by gurps_npc · · Score: 1
      1) I agree that is what they are thinking. 2) But it is NOT valid.

      The problem with your argument isPeople already have a legal right to that information.. If you read the article, you would see that he specfically referenced an Australian law that says they HAVE to give out the information.

      So I congratulate you on your logic, but am sorely disappointed in both your knowledge of Australian law and in failing to read the article.

      --
      excitingthingstodo.blogspot.com
    2. Re:The reason by Anonymous Coward · · Score: 1

      Sorry, your argument in defense of the carrier is spurious. The government makes dozens of these requests a month, if not more. The process is already there and if they can't automate the obfuscation of unlisted numbers and other data (all of which is in digital, human readable format already) then they are completely incompetent. A simple shell/Python/php script can be made to parse out things that are verboten. The lawyers and internal folks would have to review the process a few times (maybe take a few hours during one work week) and the process could easily be integrated into their online billing and review system within a few weeks. The OP's "baloney" assessment is spot on!

    3. Re:The reason by Anonymous Coward · · Score: 0

      It doesn't matter what the law says if nobody can/will enforce it. Telstra is asserting the law does not apply to this scenario. Poster is lacking in ability to force Telstra to accept that it does. Telstra probably is aware of the penalties for being wrong in their assertion and is not swayed by them.

    4. Re:The reason by Anonymous Coward · · Score: 0

      The reason, and I think they should just flat out say it because I think it's valid:

      If they allow this guy to get it, then hundreds of thousands of other people will request it as well. They will need to build departments, processes, training, security procedures and create for themselves and very expensive endless quagmire of bureaucracy.

      Or they delete it. They don't need to store the metadata.

    5. Re:The reason by Obfuscant · · Score: 1

      The problem with your argument isPeople already have a legal right to that information.

      And they already have access to that information, they just didn't gather it while it was happening. You know who you call, and your caller-id box shows who called you and when. Oh, you didn't write down every call, and you cleared the caller ID box every so often? You threw the information away and then expect the phone company to give you a copy of their records?

      If you read the article, you would see that he specfically referenced an Australian law that says they HAVE to give out the information.

      The law refers to "personal information". What is the legal definition of personal information as it applies to that law? Is a phone company's list of who you called "personal information", or is it a billing record belonging to the phone company?

      but am sorely disappointed in both your knowledge of Australian law and in failing to read the article.

      I could say that I am sorely disappointed that you are trying to apply common English definitions to legal phrases, but that wouldn't be productive or useful.

    6. Re:The reason by Anonymous Coward · · Score: 0

      I suspect that your logic is faulty concerning Telstra's real concerns. Specifically, why would customers "get it legally defined as a "Right" so then no-one will have to pay"? While it's possible that access to data might be considered a right, I'm thinking that more likely this would be considered an appropriate and regulated business practice, on a best-efforts basis. And cost recovery very likely would be allowed.

      Telstra (as a representative of every telecomm company) owns the data in every jurisdiction I know of. The real issue is custodial rules and the customer's access to the data set.

      No, I think the real issue is that this individual is requesting access as a consequence of presumed governmental access. This shines a light on spying and investigatory activities that will make customers nervous, regardless of any other factor. Telstra doesn't want the customers focusing on a potentially negative customer relations issue, particularly if Telstra feels that they cannot do anything to stop, limit or influence that governmental access.

      Also, there is the issue that Telstra, like every other telecomm out there (until recently) actually does have a role to play. In that they have done nothing to challenge the governments involved. Maybe they feel that cooperation with government requests are the best practice for them politically or otherwise. However if the customers disagree then that puts Telstra in a bind.

      I've just got a feeling that this is a no-win situation for Telstra and they know it. Therefore it is better for them to stonewall a customer access request.

    7. Re:The reason by Aighearach · · Score: 1

      1) I agree that is what they are thinking.
      2) But it is NOT valid.

      The problem with your argument isPeople already have a legal right to that information.. If you read the article, you would see that he specfically referenced an Australian law that says they HAVE to give out the information.

      So I congratulate you on your logic, but am sorely disappointed in both your knowledge of Australian law and in failing to read the article.

      The doesn't say they have to give him the information. The law says they have to either give him the information, or make an excuse from a long list of acceptable excuses.

  10. This is Australia by jeffmflanagan · · Score: 3, Funny

    They have the data, but there's a spider the size of a pig blocking access to the drive.

  11. Are unlisted numbers protected by law? by clovis · · Score: 2

    "Telstra's one and only valid argument to date has been that identifying who calls me would be in breach of that person's privacy if they called from an unlisted number.

    Are anonymous phones calls really protected by law?
    I mean is there a law that specifically protects the anonymity of people calling from unlisted numbers?

    After all, the person holding the unlisted number placed the call.
    Do people coming into your house from the street have a legal expectation of anonymity? Does someone getting into your car have a legal expectation of anonymity?
    Why would someone calling your phone have a legal expectation of anonymity?

    I suspect it has more to do with corporations that robo-call wanting to hide. It's profitable for the phone companies.
    When you become a senior citizen, you will begin to receive endless solicitations for medical alert bracelets, "free product" scams, health insurance and so on. I suppose everyone gets some version of this crap. None of these are allowed under the "Do Not Call" act, but the callers always have unlisted numbers and do not reveal their companies' actual names in the calls.

    1. Re:Are unlisted numbers protected by law? by tibit · · Score: 1

      Technically, these days you don't need a phone number to initiate a phone call. You can get outbound-only VOIP service where there literally isn't a number where someone could call you back. So sometimes it's accurate to say that the robocallers have no callback number - it literally doesn't exist. This is very different from unlisted phone numbers, of course, since those by definition exist but merely are not listed.

      --
      A successful API design takes a mixture of software design and pedagogy.
    2. Re:Are unlisted numbers protected by law? by jtwiegand · · Score: 1

      The stated reason is clearly not the actual reason they aren't giving up the data.

    3. Re:Are unlisted numbers protected by law? by Anonymous Coward · · Score: 0

      "Telstra's one and only valid argument to date has been that identifying who calls me would be in breach of that person's privacy if they called from an unlisted number.

      Are anonymous phones calls really protected by law?
      I mean is there a law that specifically protects the anonymity of people calling from unlisted numbers?

      I have no idea so let's get that out of the way and move on to the philosophical / logical arguments rather then the legal ones.

      After all, the person holding the unlisted number placed the call.
      Do people coming into your house from the street have a legal expectation of anonymity? Does someone getting into your car have a legal expectation of anonymity?

      If they're wearing a mask then possibly. An unlisted or blocked number is a service provided that implies an expectation of anonymity. Now weather or not that has any legal impact is another matter but while wearing their "digital mask" I'd say it is not unreasonable to expect some level on anonymity.

      Why would someone calling your phone have a legal expectation of anonymity?

      I suspect it has more to do with corporations that robo-call wanting to hide. It's profitable for the phone companies.
      When you become a senior citizen, you will begin to receive endless solicitations for medical alert bracelets, "free product" scams, health insurance and so on. I suppose everyone gets some version of this crap. None of these are allowed under the "Do Not Call" act, but the callers always have unlisted numbers and do not reveal their companies' actual names in the calls.

      If you're arguing that blocked numbers should not be allowed as they are more often abused and used to support shady scams than useful then that's probably a defensible position though I would disagree with you because I don't believe in protecting us from anything and everything as I think it takes away personal responsibility for protecting yourself. If you're arguing that people shouldn't expect anonymity from a product designed to provide anonymity, maybe you should think it through again.

    4. Re:Are unlisted numbers protected by law? by clovis · · Score: 1

      I have no idea so let's get that out of the way and move on to the philosophical / logical arguments rather then the legal ones.

      In a case like the OP's the only thing that matters is the legal issue.

      Good points you made philosophically, however ...

      If you're arguing that people shouldn't expect anonymity from a product designed to provide anonymity, maybe you should think it through again.

      I simply Do Not Care what their expectations are from whatever product they bought. A company's promise about a product does not carry the weight of the law, and it certainly does not compel me to support their promises. For one thing, I am not the one who bought the product. I get no benefit.

      I can tell you this about the law: I am on the USA's Do Not Call list. I get several calls most days, and almost every single one of them is illegal.
      Who called? I have not a clue and no way to stop them.
      I know I don't have to answer ( and usually I don't), and yet it is still annoying because if nothing else there's this ringing sound in my house.

      Here's an extreme example: A common experience for older people is to have a relative in the hospital and to be waiting for the outcome. Answering the phone several times a day for these scams is worse than annoying. Not answering is not an option at such a time.

      I would disagree with you because I don't believe in protecting us from anything and everything as I think it takes away personal responsibility for protecting yourself.

      That's a good point, and I agree. However, lines have to be drawn somewhere.

      The crux to me is this: The entity making the call is approaching me (mention again they are breaking the law to do this). I did not approach them.
      That, and that in itself should be enough to shed that entity's anonymity for telephone service.

      I'm not afraid of being scammed, and I have no problem with the concept of personal responsibility for protecting yourself.
      However, I'm not the only person on this planet.
      There is an entire industry devoted to cheating seniors who have diminished mental abilities. The foundation of this industry is anonymity - there is no recourse after they got the money. There is no way to find out who they are to stop their endless calls.

      Another one is the "This is Microsoft and you have a virus" call. People have children; children will answer the phone, and children
        can be coaxed into revealing anything, and there is no way to know who had called after the remote control software has been installed.
      Sure I can wipe the PC and tell the kids not to trust anyone who calls. But I want justice, and I want those people put out of business.

      Perhaps the entities that have a legitimate reason for anonymity can also be registered with the government's Do Not Call list and combine that with future requirements that carriers fix their technology to stop callerID spoofing and anonymous calls for non-registered entities.
      No one that asks for money, credit card info, etc should be allowed anonymous calls. Companies have some rights, but their privacy rights are not the same as individual rights

      If contact must be made anonymously for some reason, then they can use the postal service.

      other info
      http://www.usatoday.com/story/...

    5. Re:Are unlisted numbers protected by law? by Anonymous Coward · · Score: 0

      I found the answer to my question regarding privacy of calling numbers.
      Here's some law in the USA from the FCC's web site.
      http://www.fcc.gov/guides/call...

      The FCC’s Caller ID rules protect the privacy of the person calling by requiring telephone companies to make available free, simple and uniform per-line blocking and unblocking procedures. These rules give you the choice of delivering or blocking your telephone number for any interstate (between states) call you make. (The FCC does not regulate blocking and unblocking of intrastate calls.)

      I read that as (in the USA) the carrier cannot give you data that may contain calling numbers of people (human beings) that were ID-blocked.

      For corporations:

      FCC Caller ID Rules for Telemarketers

      Even before passage of the Truth in Caller ID Act, FCC rules required telemarketers to pass accurate caller ID information. FCC rules specifically require that a telemarketer:

      Transmit or display its telephone number or the telephone number of the seller on whose behalf the telemarketer is calling, and, if possible, its name or the name and telephone number of the company for which it is selling products or services.
      Display a telephone number that you can call during regular business hours to ask to no longer be called. This rule applies even to companies that already have an established business relationship with you.

  12. I wanted my "EU Data Retention Directive" data too by itsme1234 · · Score: 1

    I wanted my data ever since I've heard the first time about the Data Retention Directive (now longer in force since earlier this year, GOOD).

    Mind you, they don't keep only the metadata for you calls but also a lot of "control plane"/out of band communication mobile-network. Apart from this being extremely interesting for law enforcement it's interesting for me too! That is the location part of the data.

    Yes, I know I could keep a diary or keep a GPS logger with me but that needs a lot of extra effort - even for the most automated solutions (charging, downloading, etc - mind you this was well before smartphones, probably today you could do this much easily, especially if you are plugging your phone into a charger each time you step into a room...).

    Anyway the point is that I've never got the data. Even if I would be willing to pay for it, every 6-24 months (that's the retention interval that was in the law).

  13. vexatious by NemoinSpace · · Score: 0

    Asking to see your metadata because there is a law that provides you a circumstance to do so.
    get a life. Actually, I don't know how he got to this point. Any self respecting CSR would cheerfully tell you - Sure we'll give it to you just get a warrant. Click.

    1. Re:vexatious by UnknownSoldier · · Score: 1

      And just exactly how do you propose to _fix_ invalid data if you can't access it??

      You first need _access_ to it.

      Second, he already has that right.

      But I guess it is easy to just knee-jerk react focusing on the symptom instead of actually thinking about the problem.

  14. Unlisted? by IcyWolfy · · Score: 1

    The unlisted aspect only comes through the SS7(PTSN) or SIP(VOIP/IMS) protocol headers with a flag indicating whether the account is private, in addition to phone number paying for call, phone number to display, phone number originating, etc... -- AND -- this meta-data can change during a call if it was rerouted mid stream, delayed headers, etc. This gets even more complicated for reverse billed numbers (800) where the originating number is XXX, the billing number is YYY, the display number is ZZZ, and sometimes an interlink number ends up in there. (and as we found out last month with our call logs, some numbers have yet another header that contains virtualized/multi-ring which need to be taken into account; lest the "wrong" number be displayed)

    Now, legally, we are required to keep the originating number, time stamp, and length of call;

    And for billing and interconnect agreements, the billing number as well.

    As we internally always have full access to the raw protocol data on the Enigeering side; the legal siphon (done at the switch level) just skims off all the legally required data and stores it in long-term storage (not DB); to handle the GBs of data a day of the minimally required data.

    We then have a separate process which takes each session and generates a [display-phone number, timestamp] DB for 90 days of call logs for users to look up (or legal requirement on bills for chargable calls made depending on juristdiction).

    Under no circumstances have we ever kept the "is unlisted" status of the call; as it's never been a datum required for any business logic, ever.
    And when handling millions of calls daily, and relying on switches to read/dump data for secondary systems to process RT is a space and time sensitive process; and thus, only the absolute minimum required is kept to prevent buffer overruns in the data processing phase;

    But, as the process is semi-manual to retrieve data for a given time-range I can understand their request to honor "all my metadata" as well.
    Limited time-ranges as required by law enforcement is easier to obtain:

        - fetch the raw hourly dump files for the time range requested

        - run the script that goes through the files and formats a CSV output for any matches of the search phone number

        - this process takes hours to run for a weeks worth of data as it churns through TBs of text files if it's outside the 90-day "fresh" window that is stored in a more processed state (but not kept as it's a lot of data to store for no company benefit); most requests from law enforcement only request the last 30days of calls; and this particular process is more streamlined.

        - it would be entirely unrealistic to do for the lifetime of a given customer.

    One point to take away from this, is that many telecom companies have no interest to keep your data. It's expensive, each item of data adds substantial more costs, overhead, and resource to manage it's storage. It also adds significant more liability as now more people have access to it internally; and safeguards and resources must be used to manage it. Which is why the legal information is done automatically at the switching level, and dumped in a non-processed state; processed and stored, and intentionally kept difficult to access. Because we do not want the liability that comes with storing it, or making it easily available to even a subset of internal employees. Each person that has access adds more risk.

    Storing users meta data at least in the telecom world -- is not wanted in the slightest, and we only do the absolute minimum to meet government regulations. Sadly, this also implies that with the current state of laws; that the data is not easily accessible, nor is the data in a state that can be released to a private indiviual without substantial legal risk.

  15. Unlisted number baloney :( by tibit · · Score: 1

    Oh, the person with the unlisted number has called me. If they did it purposefully, I see no reason they have any standing to hide behind an unlisted number. My privacy is as valuable as theirs. If they've pocket-dialed, tough luck. I'm still at the receiving end of the call.

    Moreover, unlisted numbers aren't 128 bit hashes that noone has time to enumerate. It's not as if I can't call an unlisted number. Heck, it's easy to corral the unlisted numbers, since they are disjoint from the listed numbers. Start with a set that spans the range of valid 7-digit phone numbers in a given area code. Then remove the listed numbers. Then remove the numbers that get connection errors. You are left with unlisted numbers. Such scans, in the day and age of VOIP, are rather easy to do.

    And, finally, many digital connection providers pass an unlisted number along with merely a bit indicating the the number is not to be presented at the terminal. So the information is there, and it doesn't take but an asterisk setup to leverage that.

    So yeah, they telco is just stalling here, nothing new... :(

    --
    A successful API design takes a mixture of software design and pedagogy.
    1. Re:Unlisted number baloney :( by DavidRawling · · Score: 1

      OK Telstra has to record the source and destination numbers of all the calls - right? Here's a sample record (not that drawing a table is easy so work with CSV here):

      FromID, ToID, TimeStart, TimeEnd
      0299999999, 0288888888, 20090617135834, 20090617140711

      How would you like to determine whether the number 0299999999, which is not owned or operated by Telstra today, and which was not owned or operated by Telstra in 2009 either, was or was not an unlisted number at the time of the call? Because its state right now is completely irrelevant - the state at the time of the call is the important and relevant piece of data, and it doesn't exist. And the reason it doesn't exist is that this is a record designed for billing and cross-checking, not for customer view (if you're arguing against unlisted numbers in toto, you've never been stalked).

  16. There was a similar case in Germany by Anonymous Coward · · Score: 0

    Tell-all telephone

    Green party politician Malte Spitz sued to have German telecoms giant Deutsche Telekom hand over six months of his phone data that he then made available to ZEIT ONLINE. We combined this geolocation data with information relating to his life as a politician, such as Twitter feeds, blog entries and websites, all of which is all freely available on the internet.

    By pushing the play button, you will set off on a trip through Malte Spitz's life. The speed controller allows you to adjust how fast you travel, the pause button will let you stop at interesting points. In addition, a calendar at the bottom shows when he was in a particular location and can be used to jump to a specific time period. Each column corresponds to one day.

  17. easy solution by MooseTick · · Score: 1

    There is an easy solution for this problem. Corporations could not store metadata for individuals. Then they wouldn't have to produce anything. They wouldn't need " to build departments, processes, training, security procedures and create for themselves and very expensive endless quagmire of bureaucracy."

    If they want to keep that data, then they need to share it with the people creating such data. The other option would be to share it with everyone. Nobody would like that though. Or, when you login online to check your account, they share it there. That shouldn't be too hard.

  18. T-Mobile by darkain · · Score: 1

    On T-Mobile, it is as simple as logging into your account on the web site, and looking at the reports. For a family plan, it lists the sender and receiver phone number of EVERY call AND text messages for everyone on the plan. These are accompanied with their time stamps, too, of course. There is also an option to download a PDF file with the "detailed" report on your bill, which contains all this information.

    No idea why other carriers are claiming it is hard to deal with this sort of data.

    1. Re:T-Mobile by darkain · · Score: 1

      However, last I checked, physical geographical location history information isn't available. This would be nice to add to these reports.

  19. No question about it! by torpor · · Score: 1

    We need to evolve to adapt to this new threat to the species, and instead of seriously *resisting* its effects on our being, we - the true power - direct the feature to our favour. If, out of the NSA catastrophe, we gain a "New Internet" wherein *everything, everywhere* for 15 years, was available to everyone, then we'd have indeed a new era in the human species. A truly evolutionary step, made by mistake - perhaps.

    --
    ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
  20. Calling line ID by pbjones · · Score: 1

    CLI is what you want and you'll see the ID of every incoming call. That's your metadata. There you go, collect your own metadata you lazy bastard.

    --
    There was an unknown error in the submission.
  21. Unlisted? by Anonymous Coward · · Score: 0

    ...Under no circumstances have we ever kept the "is unlisted" status of the call; as it's never been a datum required for any business logic, ever.
    And when handling millions of calls daily, and relying on switches to read/dump data for secondary systems to process RT is a space and time sensitive process; and thus, only the absolute minimum required is kept to prevent buffer overruns in the data processing phase;

    But, as the process is semi-manual to retrieve data for a given time-range I can understand their request to honor "all my metadata" as well.
    Limited time-ranges as required by law enforcement is easier to obtain:

        - fetch the raw hourly dump files for the time range requested

        - run the script that goes through the files and formats a CSV output for any matches of the search phone number

        - this process takes hours to run for a weeks worth of data as it churns through TBs of text files if it's outside the 90-day "fresh" window that is stored in a more processed state (but not kept as it's a lot of data to store for no company benefit); most requests from law enforcement only request the last 30days of calls; and this particular process is more streamlined.

        - it would be entirely unrealistic to do for the lifetime of a given customer.

    One point to take away from this, is that many telecom companies have no interest to keep your data. It's expensive, each item of data adds substantial more costs, overhead, and resource to manage it's storage. It also adds significant more liability as now more people have access to it internally; and safeguards and resources must be used to manage it. ....

    I'd actually like to build the DB that stores both streams of data efficiently(engineering & skimmed switch) ...

    With a good DB design, I'm about 99% certain you could reduce storage requirements including index sizes *significantly*, while improving access to the data for billing/queries (and other stuff) with very modest CPU overhead. It would also probably give you access to WAY more than 90 days, of course then we get into how the data could be misused. Maybe I should look to telecom for my next DB job...

    As you describe it, it would be fun to define and build.

  22. In germany we have laws for that by allo · · Score: 1

    Which results in very big collections of facebook data sent to you.

  23. What state do you live in? by Anonymous Coward · · Score: 0

    There are only 12 states in the union in which that privacy argument carries legal weight. Hawaii is a middle-ground state, but a nuanced analysis would likely result in the privacy argument being overcome there, too. (The information is not protected unless it was recorded by a hidden means.) I think you need to lawyer up.

  24. Good thing? by cwsumner · · Score: 1

    Maybe it's a good thing. It raises at least the -possibilty- that it might be hard for other people to get his data, as well.

  25. The reason by Anonymous Coward · · Score: 0

    This will then tell them that they want to get out of the data storing game.
    If a company stores data about a person, then the company needs to be able to give that person access.
    The only way to avoid is... don't store the data.