Viw Magazine

Men's Weekly

.

  • Written by Genna Churches, PhD Candidate, UNSW

After watching this year’s media raids and the prosecution of lawyers and whistleblowers, it’s not hard to see why Australians wonder about excessive police power and dwindling journalistic freedom.

But these problems are compounded by another, less known issue: police, and other bodies not even involved in law enforcement, have broad powers to access metadata. Each year, police alone access metadata in excess of 300,000 times.

Metadata has been described as an “activity log”: it’s the information that allows a communication to occur. Once, this would have been the address on the envelope. But modern telecommunications metadata consists of the time, date, duration, locations of a connection and more.


Read more: Infographic: Metadata and data retention explained


This year, fresh evidence revealed police accessed the metadata of journalists and 3,365 telecommunications users unlawfully.

And local governments and professional bodies – which were explicitly denied access to metadata in 2015 – have been accessing the same data under different legislation.

What’s more, Optus this year revealed it was granted an exemption from a requirement to encrypt retained metadata. This means the metadata they hold isn’t secure.

Metadata can reveal where you work, live, who you visit, who you communicate with. Glenn Carstens Peters/Unsplash

So why are so many agencies overstepping their powers? The obvious answer is, of course, because they can.

There’s little oversight and consistency in the current metadata regime. The system is spread across two separate pieces of legislation, enacted decades ago, with more than 100 amendments.

This leaves loopholes that various agencies and police exploit for accessing metadata and dodging safeguards.

Why should I care about metadata anyway?

These scandals surrounding the metadata regime have cast a shadow over the Parliamentary Joint Committee on Intelligence and Security’s current review of the outdated laws.


Read more: Think your metadata is only visible to national security agencies? Think again


Metadata can reveal where you work, live, who you visit, who you communicate with and potentially reveal your plans by exposing websites you access.

Australian law considers metadata less important than “content” (the voice in a live phone call or message in an email).

So while intercepting a phone call or email requires a warrant, metadata is accessible without a warrant by law enforcement agencies and any other bodies the legislation authorises, such as local governments.

The Abbott-era metadata scheme limits press freedom

In 2015, federal parliament, as part of efforts to target terrorism, passed the metadata retention scheme used today, requiring telcos to keep metadata for two years.


Read more: Benign and powerful: the contradictory language of metadata retention


Attempting to address privacy concerns, parliament limited the types of organisations that could access the data and the specific types of metadata that could be retained (excluding web browsing histories). It also created “journalists information warrants” to protect journalists’ sources.

Despite evidence suggesting these limitations wouldn’t work in practice, the legislation was passed.

It committed Australia to a data retention scheme at a time when a similar scheme in Europe was ruled invalid for being incompatible with fundamental rights.

Confusing laws mean safeguards don’t work

Law enforcement and intelligence agencies should have access to metadata, but the current system does not strike the right balance between privacy and law enforcement.

The gaps between the two laws that regulate the scheme allow the agencies and police to exploit them for their own purposes.

The first act, originally enacted in 1979 and amended at least 105 times over the last 40 years, was originally drafted to permit telephone intercepts.

The second act, Telecommunications Act 1997 originally contained provisions permitting access to metadata. But some elements were transferred to the 1979 act, leaving a broken and contradictory system of access and loopholes spread across the legislation.


Read more: Australian metadata laws put confidential interviews at risk, with no protections for research


These “logistical” issues result in a metadata access and retention scheme with very few safeguards.

Other safeguards are flawed: access to a journalist’s metadata under a “journalist information warrant” doesn’t actually protect sources, especially since the Public Interest Advocate isn’t bound to make a submission.

And others were deemed unnecessary, like restrictions on access to a lawyer’s metadata, despite professional secrecy obligations; or a requirement beyond a “self-authorisation” to access metadata in general.

So, what should we do to fix the Australian system?

Put simply, Australian communications have changed, so our metadata access laws need to change too. We can start by recognising modern metadata retention and access has large scale privacy implications, surpassing those surrounding telephone intercepts.

We need to assess those implications based on what metadata – now collected and processed via very different technologies – can reveal.

Accessing particularly sensitive types of metadata should require a judicial warrant and an investigation of a sufficiently serious offence that leads to imprisonment.

On the other hand, access to subscriber details, such as name and address, may be available under a less rigorous system of access, but still must be more restricted than the current regime. Even name and address information can be open to abuse.


Read more: Explainer: how law enforcement decodes your photos


Past parliamentary inquiries and reviews held throughout 2000s and 2010s have recommended a complete reform of the metadata regime. But these calls have gone unanswered.

We hope the current review also recommends a complete overhaul. A new review to redesign the scheme should be commissioned as soon as possible.

Above all, the government should consider the impact of such system on human rights. Australians deserve to know that access to their metadata is limited, and that metadata access will not be used to prosecute whistle-blowers and journalists for doing their jobs.

The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.

Authors: Genna Churches, PhD Candidate, UNSW

Read more http://theconversation.com/unlawful-metadata-access-is-easy-when-were-flogging-a-dead-law-127621

Designing the Ideal Healthcare Environment with a Professional Medical Centre Fitout

When it comes to healthcare spaces, functionality, hygiene, and patient comfort take top priority. An intelligently designed medical centr...

Stay Comfortable Year-Round with Ducted Cooling Melbourne

When the temperature starts to rise, having a reliable and efficient cooling system becomes a priority. With unpredictable weather and sud...

Best Practices for Content Ownership and Tagging Across Departments

Image by kaboompics on Freepik The bigger and more complex content ecosystems grow, the more valuable ownership and tagging become. In ent...

Understanding Public Liability Insurance Australia: What You Need to Know

Image by rawpixel.com on Freepik The necessity of public liability insurance in Australia is that it acts as a financial safeguard for busi...

How HID Proximity Cards Improve Workplace Security Without Slowing Down Access

In today’s workplaces, security is non-negotiable, but so is speed. Companies are under pressure to protect their people, property, and ...

Unlock Business Insights Faster with Power BI Tools

In this digital age where data drives the consumer landscape, businesses are shipping huge amounts of data every day. To remain competit...

Why Split System Installation Is a Smart Choice for Home Climate Control

Temperature control is essential for comfort, and when it comes to efficient, versatile cooling and heating, a split system is one of the ...

The Ultimate Guide to Door Replacement: Everything You Need to Know

Image by freepik Sure, swapping out a door is a fairly easy task, but it requires careful consideration of options for materials, designs...

Common Web Development Issues Perth Businesses Face (and How Agencies Fix Them)

Image by freepik Let's be honest, in the bustling heart of Perth's business scene, a website that's not up to scratch is like trying to he...

Life With Clear Aligners: 10 Small Changes That Make a Big Difference

Image by tonodiaz on Freepik Clear aligners have transformed orthodontics, offering a nearly invisible way to straighten teeth without the...

Choosing the Right Hair Loss Treatment for Your Needs

Millions of people experience hair loss globally, and it can be a major cause of emotional discomfort and self-consciousness. Hair loss ca...

Cardboard Display Boxes: An Effective Solution for Retail Presentation

In the competitive world of retail, how products are presented can be just as important as the products themselves. Cardboard display boxe...

Why Hiring a Skilled Shopify Web Developer Can Transform Your Online Store

Shopify has become one of the most popular e-commerce platforms due to its ease of use, powerful features, and scalability. However, creat...

Selling a Home Left 1 in 3 Aussies in Tears, Survey Finds

New research on selling property found that more than 1 in 3 people who sold a property in the past two years admitted to crying at some poi...

Brisbane Motor Vehicle Accident Lawyers & Motorbike Accident Claims

Motorbike accidents in Brisbane can lead to severe injuries and complex legal challenges, given the vulnerability of riders on the road. F...

Jesse Martin, OAM Sets Sail Again with Portland Roads - Sailing the Whitsundays

Jesse Martin OAM shot to fame in 1999 as the world’s youngest sailor to circumnavigate the globe – solo, unassisted and non-stop. No...

Why Modern Roller Shutters Are the Perfect Solution for Your Home or Business

Whether you're looking to secure your home or make your business more energy-efficient, modern roller shutters are a smart choice. In this...

Everything You Need to Know About the EWPA Yellow Card

The EWPA Yellow Card is an important certification in the construction and workplace safety sectors. It plays a key role in ensuring worke...

From Residential to NDIS to Commercial: How Mr Window Cleaning Covers Every Window

Not all window cleaning jobs are created equal. A quiet suburban home, a bustling retail store, and a property under an NDIS plan each com...

How Timely Duct Inspections and Repairs Improve HVAC Efficiency

You have cranked up the air conditioning, but your home still feels unevenly cooled or stuffy. Sound familiar? Many homeowners jump straig...