“While the purported intent is that only metadata – data about data – will be available to law enforcement, security and intelligence agencies, there is no explanation of how metadata will be distinguished from data (the two are often commingled, as in the ‘subject’ line of emails), why both would not be readily available once a message has been handed over and decrypted, and indeed how readily in an IP world it is possible to keep a record of the time, date, size, sender, receiver and possibly subject of an email without also retaining the contents. “Nor has there been an explanation of what costs and benefits have been estimated for this sweeping and intrusive new power, how these were arrived at, what (if any) cost was ascribed to its chilling effect on free speech, and whether any gains in national security or law enforcement asserted as justification for the changes will be monitored and verified should they be enacted. “…Leaving aside the central issue of the right to privacy, there are formidable practical objections. The carriers, including Telstra, have argued that the cost of complying with a new data retention regime would be very considerable with the consequence of higher charges for their customers.”
Posted on: Thu, 30 Oct 2014 11:32:21 +0000
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