Concerns about Data Retention, Surveillance and Privacy

[Agg]

I couldn't find an existing thread on this, but it's kinda tricky to search for, so let me know. Anyway, a few people have expressed concerns about some proposed changes to digital communications and data retention in Australia.

Firstly, from Silicon_Angel: The Parliamentary Joint Committee on Intelligence and Security is seeking public submissions in response to reforms proposed increasing and expanding surveillance, collection, retention and access to digital communications and data, including mandatory recording by ISPs of all Internet activity by their customers and storage of these logs for two years, making it a criminal offence to refuse to decrypt data upon request by law enforcement, giving ASIO the power and right to ‘disrupt’ a target computer for the purpose of gaining access to it, or even access to ‘third party’ computers on the way to the target computers, and other changes designed to streamline and simplify the process of warrant acquisition to authorise surveillance and acquisition of communications and data.

I strongly recommend every Australian with any concerns at all with regards to these legislative changes makes their voice heard by the Joint Committee.

In discussions elsewhere, people have been asking what all the fuss is about. Surely this provides government with the ability to do their jobs better to protect us all? Well, that’s the whole point, isn’t it – will it lead to more efficient and effective law enforcement and a safer Australia, and at what cost? If these reforms are vastly in the public interest, can be guaranteed to be safe from potential abuse or misuse of the data and can be quantifiably proven to improve not just the effectiveness of law enforcement, but the capturing of dangerous criminals and disruption of their imminently fatal activities, then they have some reasonable basis.

The facts are the reforms will be extremely expensive to implement (particularly data retention), they severely encroach on freedoms, rights and privacy of Australians, they will create a database of Internet usage unlike any other that will be a honey-pot irresistible to law enforcement, commercial enterprise and criminal elements alike, making the likelihood of misuse extremely high. They will make it an offence to hide any information, whether it be private, commercially sensitive or even potentially incriminating, from law enforcement, even if their search and seizure of your computers and data is merely a fishing expedition. They will trivialise the process of obtaining warrants for data tapping, surveillance and search and seizure of private property. But most importantly, they are unlikely to improve the effectiveness of law enforcement activities against professional criminals who will be aware of these laws and will quickly determine the easiest way to circumvent them will be to simply use a VPN connection beyond the jurisdiction of these laws. So after all these laws, all this cost, all that will happen is every Australian –not- going to extraordinary lengths to hide their data from the government will be under constant surveillance and monitoring, while actual criminals will simply be beyond the technical ability of the government to watch anyway. That sounds like giving up a hell of a lot of rights, allowing Big Brother into our lives in a highly invasive, unprecedented way without actually getting any increase in safety and security back in return.

Public submissions to this process end on the 6th of August (no, they didn’t give us much time), so get writing, and tell as many people as you can.

“Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.” –Benjamin Franklin

More from Gaakor: The Federal Parliament has rejected a number of requests from interested parties to extend the short deadline for submissions to an inquiry into a wide-reaching package of legislative reforms proposed by the Federal Government which the Greens have slammed as constituting a “systematic erosion of privacy” in Australia. - This is serious I would really appreciate OCAU encouraging people to call their MP's and make a submission to the senate committee before time runs out, because the government is trying to rush this through - before it's on peoples radars it will be LAW.

Mark Newton's comments are here. If rational minds were in charge, last week’s announcement by the government of an inquiry into potential reforms of National Security Legislation would be seen as an admission of failure and incompetence from Australia’s law enforcement and intelligence agencies. ... Every year they make nebulous hand-waving gestures about undefined, secret threats that will befall Australia if they don’t get their own way, and every year spineless politicians give them everything they say they need.

GetUp have published their concerns and a petition. Would you copy ASIO in on every personal email you send, include them in every conversation you have with a friend online, or send them your personal photos and videos? Soon, you may not have a choice. ... Right now the Government is considering the most sweeping and radical changes to Australia's surveillance and intelligence laws since the establishment of the original powers in 1979.

If all this concerns you, you might want to sign the petition above and make a public submission to the Government.

[ParadisoShlee]

That gives me the fear.

[Samuka]

Originally Posted by ParadisoShlee

That gives me the fear.

Not just fear but very scary fear. The powers they want is total control like in 1984 maybe even more.

This cannot happen. They cannot be granted these powers. From the way I read it even if you put on a VPN with encrypted traffic they can request to decrypt this traffic and see what you are upto. correct me if im wrong. (I read wrong. Its decrypt any data you store encrypted i think. So VPNs would be the way to go ) Either way by the sounds of it China would have more internet freedom.

Seeing this I think that when they were trying to implement the mandatory filter. They did not want a filter to protect the children, they just wanted to monitor what people are doing. The filter would have been the start and would have turning into something like what they want now.

Since they failed on that now they are just going for broke and doing what they wanted to do in the first place. Monitor and track everybody. I guess this would also include monitoring the smart phones and the GPS in them to locate people.

[BurningFeetMan]

Originally Posted by Agg

snip

What's the end game of all this? Know that I play 2.37 hours on average of games every night? Know that my neighbor watches 1.36 hours on average of midget donkey porn each night?

I don't get why they, or even who, wants to know/track/log everything?

EDIT: OK OK, YOU GOT ME PRIVACY LAWS. I'm the one who watches midget donkey porn.

[tyga]

The Government seeking more power to undermine our personal individual liberties and freedoms, gee, what a surprise.

[crag_v]

I'm sure some OCAU wordsmith could do a better job than what I've just hammered out, but here's what I sent in this morning. Feel free to copy, modify, use, etc. Improvements for future posters invited.


To: 'pjcis@aph.gov.au'
Subject: Answer to call for submissions for the upcoming inquiry on reforming national security legislation

To whom it may concern,

I am writing in response to the reform proposals to the Telecommunications (Interception and Access) Act 1979, the Telecommunications Act 1997, the Australian Security Intelligence Organisation Act 1979 and the Intelligence Services Act 2001, as outlined on the APO website here: http://apo.org.au/call/inquiry-poten...ty-legislation.

As both an Australian citizen and a small business owner I am seriously concerned about the over-reaching changes proposed by this reform. I believe it is inherently wrong to log and track activity via an individual’s ISP and/or participation in social network/s. Further, the level of powers suggested here for ASIO are far beyond what I would consider ‘reasonable’. No-one would allow a bill to pass that allows a federal agent to have a ‘master key’ for everyone’s homes where they could enter the premises and remove, change or even leave new documents or other material in their homes without their permission or knowledge, yet this reform is attempting to achieve the electronic equivalent and I will not stand for it.

This reform seeks to remove accountability from the governing bodies involved, which in itself flies in the face of a democratic government. For the benefits to law enforcement that this would admittedly provide, I do not believe that the sacrifice of privacy that every Australian must make to facilitate the reform is even remotely worth it. I strongly disagree with the reform.

Regards,
Craig V

[Kebbitevoke]

3.Agencies could add, modify or delete existing files on a target computer. In a worse-case scenario, ASIO could access your private information and plant something on your computer - like a photo or a document - that you did not write or own.

This is disgusting. They actually want the legal right to frame people for things like-oh I dont know- Drug trafficing, involvement with the biker gangs, murder or god knows what.

[sugaris]

I've got a bad feeling about this...

EDIT: I've just put this info on my Facebook status... you all should be doing the same if you care about this.

[DeCan]

This is crazy, there is no way in the world they could allow this.

This is the kind of things that starts revolts, when you remove peoples freedom, people will fight back.

[DeCan]

3.Agencies could add, modify or delete existing files on a target computer. In a worse-case scenario, ASIO could access your private information and plant something on your computer - like a photo or a document - that you did not write or own.

They could frame anyone they wanted.... this is way beyond wrong and could never ever be past. That is pure evil.

[Swathe]

Holy crap this is ridiculous. Time to up the ante on home PC security for a lot of people I think.

[MercyFlush]

Originally Posted by DeCan

3.Agencies could add, modify or delete existing files on a target computer. In a worse-case scenario, ASIO could access your private information and plant something on your computer - like a photo or a document - that you did not write or own.

They could frame anyone they wanted.... this is way beyond wrong and could never ever be past. That is pure evil.

^ That, makes me scared. No way would this be allowed to pass. But if it does...

[SilentLeges]

imho, its becoming more and more like a Soviet State.

Fear of the people

Edit: ASIO is sounding more like the Gestapo and the NKVD, I guess the next thing is that we will be banned from visiting websites hosted in different countries.

[Run.dll]

Originally Posted by MercyFlush

^ That, makes me scared. No way would this be allowed to pass. But if it does...

It gets worse, not only does ASIO want the access to modify suspects computers, it also wants to modify third party computers and system on the path to a suspects computer.

This means it would have legal access to modify, and a corrupt agent could easily place an encrypted file on your computer. Which means... You would have to be able to 'help' decrypt a planted file or face 3-5 years in gaol, as not being able to assist ASIO in decrypting a communication or data is to become a criminal offence punishable by gaol time.

Of course, being able to decrypt a planted file is impossible, the file would be white noise, but you're still going to gaol for not being able to help to their satisfaction

[Swathe]

Well there are ways to secure you're machine to a certain degree. Windows and Mac users would need to fear it the most I think because I"m sure they'll be more than happy to work with authorites to make this simple. Least with linux we can compile any hidden nasties out of the kernel though I'd have serious doubts as to whether Linus would allow this sort of thing in anyway.