The Australian Securities and Investment Commission has called for
sweeping powers so it can access phone call and internet data for its
war on white-collar crime.
Not only does the authority want the
powers to intercept the times, dates and details of telecommunications
information,Browse the Best Selection of buy mosaic and Accessories with FREE Gifts. it also wants to access the contents of emails,Find solar panel from a vast selection of Solar Panels. social media chats and text messages.
This
is more power than the Australian Federal Police and the Australian
Security Intelligence Organisation have sought to assist the crime
agencies in investigating terrorism and murder suspects.
A
parliamentary inquiry has been set up to examine controversial proposals
to force telecommunication companies to store details about every
Australian's phone and internet use for up to two years. Some of that
information, including telephone logs, could then be subject to law
enforcement agencies with a warrant. Other information could be accessed
without a warrant. Currently, it is up to telcos to determine how long
they store that information.
A discussion paper put out by the
Attorney-General's department stresses that the government only wanted
so-called metadata – which includes times, locations and durations of
phone and internet communication – stored by the telcos.Browse the Best
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But
ASIC commissioner Greg Tanzer told a parliamentary inquiry in Sydney
today ASIC wanted the contents of communications stored, too.
"We want both," he told the inquiry.
In
addition to this, Mr Tanzer said the authority had the power to seek
warrants for stored data, but wanted the ability to intercept phone
calls to help its investigations of white-collar crime.
Liberal
Senator George Brandis suggested the move could be a "classic case of
function creep", and questioned why it was more appropriate that
investigations of white-collar crime have access to a range of
comprehensive data that investigators of murder did not.
But
Internet Society of Australia president Narelle Clark said metadata
included a range of information about people's internet use beyond dates
and times.
With access to the website URL a person had visited,
she said, it was possible to in some cases access their login details
and passwords, and information about where people had been on the web,
for how long, and the contents of the web page visited.
Vodafone Agency Liaison Manager David Moss said the company currently only stored customer billing data.
This could include the times, dates and locations of calls made, and the locations of the person being called.
"There's no mystery about it; all businesses keep a record of their transactions for some time," he said.
But,
he said, the company and other telcos were concerned at the cost and
work involved with being forced to store huge troves of customers' data
for two years.
Internet provider iiNet, which has about 820,000
customers, said the government had not provided enough detail for the
company to understand how much data would need to be kept.Visonic
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But,
taken to the extreme, keeping all internet information of all its
customers for two years would be "stupendous volumes of data,Find
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iiNet
carries about one million uniform resource locators [URL] per second on
its network and said it would have to store all of this information to
comply with the proposed legislation.
Preliminary calculations
were that it would cost $3 million per month to follow the federal
government's wishes, and $400 million across the industry to set it up.
iiNet's
regulatory officer Steve Dalby said Attorney General Nicola Roxon
expressed interest in knowing the "destination of communication" on the
internet. This information is easily available for telephone calls on
fixed and mobile networks "because the destination for a phone call is
typically a single point identifiable by its telephone number", Mr Dalby
said.
"But destination of communication to a website consists
of hundreds of thousands of individual points. Because the way the
internet operates, each item or object or device on the internet gets
its own [unique] address."
Senator George Brandis noted: "What
you seem to be saying really is that this is just too much, it is too
expensive to be feasible for an ISP to comply with this obligation?"
Mr
Dalby replied that although it was technically feasible to keep all
website and traffic information for two years, it was a question of
cost. However, iiNet also argued it already helps law enforcement
agencies gather information on specific targets. And there was no
evidence that gathering massive amounts of data on every Australian
would improved national security, Mr Dalby said.
"What has not
been argued is that [existing laws] have been a massive failure ... and
absence of information that if we had it, we would have stopped these
things."
Telstra representatives revealed it could not retain
any information about what its customers do on applications such as
YouTube, online video-conferencing service Skype, auction site eBay or
money transfer service PayPal.
"We cannot capture or provide any
metadata or any content around something like Gmail because it is
Google-owned, it is off-shore and it is over the top of our network. The
real value of what we might have in a data retention scheme would be
greatly diminished as soon as the organised criminals and potential
terrorists knew that we were not capturing that data," Telstra's
director of corporate security and investigations, Darren Kane said.
And
Telstra already gives police access to metadata such as its integrated
public number database (IPND), which contains the names and addresses of
fixed phones and details about mobile phone owners. This information is
available under current laws, but some police may not know this,
Telstra's director of
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