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Australia ignores data retention in summer slack-off

8th Jan 2015, By Richard Chirgwin
http://www.theregister.co.uk/2015/01/08/australia_ignores_data_retention_in_summer_slackoff/


The Australian federal government's strategy of conducting inquiries on a short 
time-scale approaching holidays is paying off in spades when it comes to data 
retention.

The Register has already noted the government's rushed Christmas-eve 
questionnaire to the telecommunications industry about the costs of data 
retention.

There's been a similarly-muted response to the government's inquiry (conducted 
by the Joint Committee for Intelligence and Security) into the details of the 
data retention bill.

http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/Data_Retention

The November-announced call for submissions on data retention proposals, with 
submissions closing on 19 January, has only managed to garner 14 responses – 
and eight of those are from law enforcement agencies.

Those agency submissions overwhelmingly focus on specific questions arising 
from the Senate Committee process: how many requests have different agencies 
made, with or without warrants; how many convictions have been secured arising 
from stored data; and so on.

Agency responses might be considered, by a harsh observer, to be inadequate. Of 
the police services to have responded so far (Victoria, South Australia, 
Western Australia, the Northern Territory and the Australian Federal Police), 
the responses are as follows.

    * Everybody knows how many records they obtained for stored communications, 
with or without a warrant;
    * Age of records: only South Australia Police knew how old the 
telecommunications records were at the time of request (over 12 months old was 
the dominant record type).
    * Did access to communications prevent crime or a terrorist act? – the AFP 
says yes, the remainder don't collect the data.
    * Convictions – The AFP records 328 convictions based on retained data, and 
the South Australian Police records 146 convictions. The other services didn't 
have the data.

The other agencies under the Attorney-General's department, ASIO and the 
Australian Crime Commission, have made confidential submissions. It's worth 
noting that state police services are also stakeholders in the Australian Crime 
Commission.

And the rest? There are four submissions from individuals, one from the 
Gilbert+Tobin Centre of Public Law, and a joint submission from the 
Communications Alliance and Australian Mobile Telecommunications Association.

Unless Australians get over their habitual December-to-Easter slack-off, the 
Attorney-General will be able to credibly claim that the lack of opposition to 
the data retention bill represents a kind of consent to it, and will proceed.

To date, even activist organisations appear not to have prised themselves off a 
beach to pen submissions to the data retention inquiry. An unseasonal cold 
spell can't come fast enough, if Australia truly cares about this issue.

--

Cheers
Stephen



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