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Australian Courts Will Be Able To See Your Browsing History

Posted by timothy on from the remember-that-slippery-slope-we-warned-you-about? dept.

An anonymous reader writes A series of slips by the nation's top cop followed by communications minister Malcolm Turnbull has made Australia's data retention bill even more of a potential horror than it seemed when it was introduced last week, writes Richard Chirgwin in an article about Australia's new legislation. "Lawyers are already gathering, telling the ABC's PM program that metadata could be demanded in family law cases and insurance cases." It continues, with the inevitable result that your internet browsing history will be used against people trying to resist demands during divorce. "What's depressing is that Australians probably won't take to the streets about this issue."

32 of 182 comments (clear)

  1. Sadly, not surprising. by BitterOak · · Score: 5, Interesting

    What's depressing is that Australians probably won't take to the streets about this issue.

    Really? I'm surprised Australians are even still allowed to take to the streets!

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    1. Re:Sadly, not surprising. by crafty.munchkin · · Score: 4, Informative

      As of the 1st of September this year, Australian's in the state of Victoria have lost the right to protest.

      --
      ... wait, what?
    2. Re:Sadly, not surprising. by Anonymous Coward · · Score: 3, Informative

      Had to Google it to believe it:

      http://www.theguardian.com/commentisfree/2014/jan/29/victorias-new-anti-protest-bill-is-a-threat-to-our-freedom-of-assembly
      http://rightnow.org.au/topics/bill-of-rights/after-democracy-victorias-new-anti-protest-laws/

      That's sad in itself, but even more sad is how ignorant and plain stupid the general population have become. Nobody seems to show the slightest interest towards these kind of issues anymore. Even the poor efforts of modern day slacktivists make me want to cry myself to eternal sleep.

    3. Re:Sadly, not surprising. by WillKemp · · Score: 3, Insightful

      Australia was pretty cool. Well, mostly - Queensland was always a rogue state. Sadly we've been going rapidly downhill for about the last 20 years. We're gradually turning into the US - but without the basic freedoms of the US constitution.

    4. Re:Sadly, not surprising. by Tanuki64 · · Score: 2

      We're gradually turning into the US - but without the basic freedoms of the US constitution.

      You mean a more honest US?

    5. Re:Sadly, not surprising. by WillKemp · · Score: 2

      No, we started going downhill when Howard was elected - 19 years ago. Things improved a bit under Labor, but didn't get anywhere near back to where they were 20 years ago.

    6. Re:Sadly, not surprising. by Jason+Levine · · Score: 2

      Sadly, the US has this too with "Free Speech Zones." If the President is driving down the street or a political convention is being held in your city and you want to peacefully hold up a sign protesting a policy of theirs, you are free to do so... in a specially designated zone that is actually nowhere near where they are. We wouldn't want our leaders to see opposition to their efforts, would we? Yes, we have a first Amendment, but the courts have ruled that "make no law ... abridging the freedom of speech ... or the right of the people peaceably to assemble, and to petition the government for a redress of grievances" really means that you CAN decide WHERE the people protest so long as you don't prohibit the content of their protests. So you're free to say whatever you want, so long as it is in this gated cage with an armed guard miles away from the person/people you are protesting.

      Yay, freedom!

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    7. Re:Sadly, not surprising. by laie_techie · · Score: 2

      Sadly, the US has this too with "Free Speech Zones." If the President is driving down the street or a political convention is being held in your city and you want to peacefully hold up a sign protesting a policy of theirs, you are free to do so... in a specially designated zone that is actually nowhere near where they are. We wouldn't want our leaders to see opposition to their efforts, would we? Yes, we have a first Amendment, but the courts have ruled that "make no law ... abridging the freedom of speech ... or the right of the people peaceably to assemble, and to petition the government for a redress of grievances" really means that you CAN decide WHERE the people protest so long as you don't prohibit the content of their protests. So you're free to say whatever you want, so long as it is in this gated cage with an armed guard miles away from the person/people you are protesting.

      I have visited Salt Lake City, Utah, during the General Conference of the Church of Jesus Christ of Latter-day Saints, and I couldn't be more grateful for those Free Speech Zones. Before these zones got put into place, I was physically grabbed by protesters. I'm fine with peaceful, respectful protesters, but once my physical safety is threatened, it's time to do something.

  2. makes no sense by Noah+Haders · · Score: 4, Funny

    with the inevitable result that your internet browsing history will be used against people trying to resist demands during divorce.

    why would my internet history be used against others in divorce court? I don't see how that kind of evidence would be relevant.

    1. Re:makes no sense by kamapuaa · · Score: 2

      Because if the defendant ever starred in some kind of sordid sex act and it ever found its way to the internet, they know it's probably in your internet history.

      --
      Slashdot: providing anti-social weirdos a soapbox, since 1997.
    2. Re:makes no sense by mjwx · · Score: 3, Interesting

      Because if the defendant ever starred in some kind of sordid sex act and it ever found its way to the internet, they know it's probably in your internet history.

      The thing is, the Australian court doesn't give a fat rats clacker about your personal perversions in a divorce proceeding. They only care about your financial situation.

      Sure your S&M habits might have something to do with a sexual assault case, but not a divorce.

      Australians simply aren't prudes like Americans.

      However I dont expect this law to actually go anywhere (it's not implemented yet) mainly because ISPs are fighting the mandatory data retention laws.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    3. Re:makes no sense by SuricouRaven · · Score: 2

      Because often a part of divorce proceedings is child custody. The way to get the children is to convince the court that your partner would be a poor parent. If you can make them look like a weirdo or a pervert, that's a significent advantage. While looking at internet pornography is very common, it's also something socially condemned, and revealing it in court could tip the balance.

  3. Re:Technically... by mysidia · · Score: 4, Insightful

    If using DuckDuckGo, then maybe you'll be presumed to have had something to hide; therefore, you automatically lose the action.

    Such is the way of tyrannical systems which don't respect personal privacy...

  4. Australians aren't prudes by Vinegar+Joe · · Score: 2

    And now the sheep can use your internet history to prove it.

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
    1. Re:Australians aren't prudes by Noah+Haders · · Score: 2

      i thought it was the kiwis who were sheep pervs

    2. Re:Australians aren't prudes by fahrbot-bot · · Score: 2

      i thought it was the kiwis who were sheep pervs

      As Scottish comedian Billy Connolly once said, "If you're going to shag a sheep, do it at the edge of a cliff so they push back harder."

      --
      It must have been something you assimilated. . . .
  5. Re:The Australian government was elected by cheater512 · · Score: 2

    Both Labor and Liberals support this. Its going to happen no matter who you vote for.

  6. Re:Technically... by AHuxley · · Score: 4, Informative

    Get a good VPN out to a another country.
    A good VPN would just show a VPN ip range as logged with your ISP.
    Ensure the VPN covers all web use and services not just basic webpage use.
    Laws could always change about how a VPN product is understood by the gov.
    That VPN could be in a country with bilateral agreements, multilateral treaties or has same banking understandings.
    The use of an Australian credit card is an issue. Track Australian credit card use to find VPN users. No local isp paperwork needed.
    https://en.wikipedia.org/wiki/...
    A request for details about VPN use in other countries might just results in CC lists been sent back.
    Five eyes, nations friendly with the five eye nations make a VPN selection interesting.

    --
    Domestic spying is now "Benign Information Gathering"
  7. Re:Any effective opposition to this? by AHuxley · · Score: 2

    It would be better to cover every packet in and out for daily use, maybe a clean VM with a browser out to a good VPN.
    Talking out against logging, an internet tax to pay for it, would see such views been noted by the gov as insights go public.
    Australia has a long history of tracking all people who speak out on political, anti war, environmental issues at a state and federal level.
    Once you are of interest expect your computer to get gov quality malware crafted just for that user.
    No escape, every keystroke is then fair game.
    Consumer grade heuristic and behavioural AV protection would just see another safe user installed application running.

    --
    Domestic spying is now "Benign Information Gathering"
  8. Re:Taking to the streets by AHuxley · · Score: 2

    An Australian version of COINTELPRO https://en.wikipedia.org/wiki/... would just find every charming, photogenic person speaking in public about logs and an internet tax.
    It would be like the Vietnam war protests all over again.

    --
    Domestic spying is now "Benign Information Gathering"
  9. Just what's needed by whoever57 · · Score: 4, Insightful

    This is exactly what is needed -- how long will it be before a prominent politician is sued and his browsing history is demanded by the party that is suing?

    --
    The real "Libtards" are the Libertarians!
  10. Re:Any effective opposition to this? by WillKemp · · Score: 2

    Why don't you grow some balls and take action instead of waiting for some hero to save you like a damsel in distress?

    Says the AC.

  11. Re:Taking to the streets by TapeCutter · · Score: 2

    Be careful what you wish for. I for one certainly don't want Melbourne to copy Athens just because the current government are a pack of "one term" cunts. Besides there are plenty of large political protests in Melbourne on all sorts of issues. Those people just don't attach the same priority to this issue as you do. If you want to know what gets Melbourne "out on the streets" then have a look at the tag cloud in thislist of Melbourne protests covering several recent years, privacy, the internet, and ASIO don't even rate a tag.

    By world standards Aussies have an active and peaceful protest culture and I would like it to stay that way. Just because masses of people are not smashing shop windows and burning cars while protesting about what personally upsets you today doesn't mean everyone is complacent about politics in general. The fact you can't perceive that makes me think that you're the one who isn't paying attention to the local political climate. If you are really serious then get out on the street yourself and tell others why you are there, with social media and the like it's never been easier and cheaper to organise a protest about your pet issue.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  12. Re:Technically... by Zontar+The+Mindless · · Score: 5, Interesting

    "If you've done nothing wrong, you've nothing to hide"?

    Just today, as a result of following links from Slashdot or the BBC, or looking up or following up on things mentioned in those places, I've browsed several pages about Alessandra and Benito Mussolini, sodomy laws, some stupid anime video on YouTube of which I only watched the first 5-10 seconds (but which now shows up in my YT history just as if I'd actually looked at the whole thing), a 1990s serial killer in Washington State, nuclear proliferation, and the status of women under Islam.

    A crafty lawyer or government agent could try to turn that into... God knows what... about me. In court. Where the burden of proof is suddenly shifted on *me* to prove that I'm not a closet Neo-Fascist/homosexual/serial killer/nuclear terrorist/misogynist/anime fan.

    KGFY.

    --
    Il n'y a pas de Planet B.
  13. MY browsing history? by wonkey_monkey · · Score: 2

    Australian Courts Will Be Able To See Your Browsing History

    How are they going to get their mitts on my browsing history? Are you sure you didn't mean Australians' browsing histories?

    Furthermore, the article says might, not will.

    --
    systemd is Roko's Basilisk.
  14. Re:Get a VPN with bitcoin by astro · · Score: 4, Interesting

    What I do (for different reasons than stated, basically I want USA prices on online purchases, and no censorship restrictions on game purchases in particular):

    1. Rent a $30/mo VPS in the USA. Some people will say even that is on the pricey side, but it is with reliable folks that I know and trust, and they're a legit green business, running "carbon-negative".
    2. Sell (very) cheap web hosting and support services to a handful of US clients, which makes the VPS purchase totally legit, if anyone were to ask why I have this.
    3. Run OpenVPN on my own VPS. My VPN traffic to my own server that I have for legit reasons looks the same as my legit support traffic via SSH to my VPS.

    I actually make pocket-change level profit doing this, instead of paying for a commercial VPN.

    Note, though, that I am replying to parent - this would do me no good in the problem presented in the OP here - as I do not obscure my local browser history at all, were the German cops to come and take my computers.

  15. Welcome to terrorism by DMJC · · Score: 2

    Just remember guys, if you read Linuxjournal.de the NSA considers you to be an "extremist". Because Linuxjournal is an extremist forum. So they are going to be watching the Linux community quite closely. Which makes sense considering that technology hackers are the largest threat to the established powers. Especially now with sub $1500 metal 3d printers starting to come online. As home manufacturing grows the Open Source community will only become a larger threat to bad/wasteful governments. Seriously though, we should all be angry. Angry that our money, is being used for this shit, instead of fixing real problems, building real hospitals/roads/fibre internet/healthy environment/industries/helping people. We should all be angry that this is being done and noone voted for it.

  16. Re:Technically... by Charliemopps · · Score: 2

    And don't forget to test for DNS Leaks after you've got it setup:
    https://www.dnsleaktest.com/

  17. Re:Any effective opposition to this? by AHuxley · · Score: 2

    Re "Not that I think what you are saying is not possible, more that it will take the Australian government (and associated agencies) more coordination, competence and unity to reach such abilities. And I've never been witness to any such of the three stated capabilities."
    Whats the hard part?
    The tracking of people who speak out on political, anti war, environmental issues was seen during the anti Vietnam war efforts.
    So the police interest in any protesters is expected as it was over decades..
    The ip storage for 2 years is open to the police and courts. So the legal data logging side is in place ready for open court use.
    The gov malware side and interest in Australian computers?
    The Surveillance Devices Bill will widen the use of "data surveillance" warrants. So more legal support to install key logging devices.
    https://www.efa.org.au/Issues/...
    Australia now has the power to find an Australian ip, return the provider details months later and then seek more information from a users computer.
    "Data retention will catch pirates" (30/10/2014)
    http://www.abc.net.au/lateline...
    "Illegal downloads, piracy - sorry, cyber crimes, cyber security."

    --
    Domestic spying is now "Benign Information Gathering"
  18. Re:Oh really? by cdrudge · · Score: 2

    Unless they plan on forcing ISPs to store every single URL that every single person in australia accesses 24/7/365.

    Don't give them ideas. Actually, they probably just need to call the US's NSA if they wanted it anyways.

  19. Re: YOU MUST BE A CRUSADER !!! by torsmo · · Score: 2

    And be headed!

    Where? To some saner place, surely?

  20. Re:Get a VPN with bitcoin by duke_cheetah2003 · · Score: 2

    1. Rent a $30/mo VPS in the USA. Some people will say even that is on the pricey side, but it is with reliable folks that I know and trust, and they're a legit green business, running "carbon-negative".

    Only trouble here is you need a credit card to purchase hosting with most places in the US.

    2. Sell (very) cheap web hosting and support services to a handful of US clients, which makes the VPS purchase totally legit, if anyone were to ask why I have this.

    Don't need to sell anything to make it legit. I run AWS for backend for my Second Life scripts. Perfectly legit.

    But that all said, why should anyone in this world have to look over their shoulder doing these things all under the cloud of 'is this legit, or at least looks legit?' That is the truly disturbing aspect of this all. Presumption of guilt.