Now is the time to contact your Federal MP to oppose the Data Retention legislation, before it is too late. the legislation will turn your phone and your computer into spies for the State.
The key reasons it should be opposed are:
• it is not urgent
• it is too vague for to allow people to know the extent of the restrictions on their rights and freedoms
• it does not discriminate between collecting data on suspected criminals and ordinary citizens
• it involves an intrusion into the lives of ordinary citizens which is disproportionate to any demonstrated need
• the nature of the intrusion into individual private rights can be changed by the executive by regulation, without having to go back to the parliament
• there are no adequate safeguards or restrictions for civil proceedings, non law enforcement purposes or third-party access
• there is no evidence that changes to the current laws will prove more effective than existing laws
• there is no demonstrated reason why ISPs and telcos should be required to monitor their customers on behalf of the State
And bear in mind: the data which the legislation would require ISPs and telcos to keep would be available to government without a search warrant. It will not be necessary for a court to authorise access to the data.
For more detail, see the submission of the Law Council of Australia:
and the submission of iinet:
On 8 October 2012, Malcolm Turnbull gave the Alfred Deakin Lecture. Among other things, he gave a powerful argument against legislation like the current proposal:
“While concerns about governments’ access to our private information are well founded, it must be acknowledged that most of the personal information we have committed to the digital world we have chosen to put in the hands of private companies, like Google and Amazon, and shared not with the Government but with the entire world on social media platforms like Facebook and Google. …
And how far should a right to delete go? Just like we cannot delete an email or a letter we have sent to someone else, how can we delete the photograph we posted on line which was then copied by another? How can we have a right to be digitally forgotten without impinging on others’ right of free speech?
This issue has been brought into sharp focus by the Attorney-General’s vague but at face value far-reaching plan to expand data interception, mandatory data retention, and government access to private digital information.
And the most striking proposed expansion of government power over private data is the least clearly explained. These are amendments which provide for what is described as: ‘tailored data retention periods for up to 2 years for parts of a data set, with specific timeframes taking into account agency priorities, and privacy and cost impacts.’
Internet companies will apparently be required to store parts of everyone’s data, although there is no clarity as to which material will be kept or why.”
For the full speech see:
Contact your Federal MP now to oppose the Data Retention legislation, before it is too late.