Home Affairs floats making telcos retain MAC addresses and port numbers

Soon it might just be easier for Australia's telcos to keep a copy of every TCP 
or UDP header for the cops to poke through.

(Agencies are very happy with Australia's data retention scheme, with one using 
it in 90% of investigations.)


By Chris Duckett | July 16, 2019 | Topic: Security
https://www.zdnet.com/article/home-affairs-floats-making-telcos-retain-mac-addresses-and-port-numbers


Although it is not formally making moves to extend the reach of Australia's 
data retention regime, the Department of Home Affairs is not outright 
dismissing the idea either.

In a submission to the Parliamentary Joint Committee on Intelligence and 
Security (PJCIS) review of the mandatory data retention regime, Home Affairs 
floated the idea of extending the retained data set to include MAC addresses 
and even port numbers.

"Including media access control (MAC) addresses and devices which identify 
serials would provide better information as to which device was being used at 
the time of an offence," the department said.

"MAC data is not currently retained under the Data Retention Act, but is a form 
of data that will become increasingly important to law enforcement and 
intelligence agencies. Where providers do retain this information, it is a 
significant investigative tool."

DHA pointed to a case in Victoria where a stolen phone was able to be recovered 
thanks to using a "shopping centre's security infrastructure" to track a MAC 
address and gain footage of possible offenders, which resulted in charges being 
laid.

The idea of tracking port numbers, meanwhile, was restricted to a simple 
sentence.

"Similarly, including IP addresses and port numbers to attribute data accessed 
on mobile phones, would allow agencies to make better use of mobile phone 
data," it said.

The department also declared victory over those that said the creation of a 
warrantless scheme that forced telcos to store customer call records, location 
information, IP addresses, billing information, and other data for two years 
would create honeypots -- including now director-general of the Australian 
Signals Directorate Mike Burgess who appeared in hearings at the time in his 
former role as Telstra CISO, warning that a "pot of gold" was being created.

"However, risks to customers' privacy existed prior to the implementation of 
this legislation. Providers already had in place sophisticated security 
frameworks to protect the customer data retained for commercial purposes," Home 
Affairs shot back in its submission.

"Given this, it did not follow that the proposed data retention scheme 
presented an unmanageable level of risk to customer privacy.

"The evidence to date supports that the existing data security arrangement have 
been effective."

Home Affairs also said there has been "no reported security breaches of data 
stored by industry for the purpose of the scheme".

An August 2018 report from the Australian National Audit Office found the 
design of a grants program by the Attorney-General's Department to help telcos 
comply with the requirements of the metadata law was not fully effective and 
its implementation "not to an appropriate standard", after it supplied 
"substantially" more funding than was decided reasonable by the government.

Home Affairs said in its submission that because any providers that received a 
grant have not been able to deny a request due to a lack of capability, the 
program was a success.

"This indicates that the money granted to providers to make the necessary 
implementation arrangements, and the scrutiny of providers' planned security 
arrangements, represented reasonable value for money," it said.

The department said to date that almost AU$128 million has been granted to 175 
telcos.

Home Affairs warned that raising the threshold for access to the personal data 
held by telcos on Australians for two years -- such as a warrant -- could mean 
agencies use "intrusive powers, such as physical surveillance and search 
powers".

In another submission, Optus confessed it received an exemption to keep its 
legacy systems free from encryption when complying with its metadata 
obligations.

"The legislative provisions which allow for certain exemptions to be granted 
were an important factor in Optus achieving compliance in an efficient and 
timely manner," Optus said.

"Because part of its overall data retention architecture involved storing some 
data in legacy systems, Optus applied for and received limited exemption from 
the encryption obligation."

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