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EYE-BALL Opinion – New CYBER DATA Laws passed – this is not the last word –

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Title:
– New CYBER DATA Laws passed –
– this is not the last word  –
| Author: EYE-BALL Opinion | 23rd Aug 2012 |
A pparently my previous post was ‘not the last word’ on copyright issues associated with internet downloads.   The Government passed new Laws yesterday – called ‘Cybercrime Legislation Amendment Bill 2011‘ – that now make it legal to enforce ISP’s (Internet Service Providers) – to keep your browsing records and history under issue of a warrant for suspected ‘cyber crimes’.

As the Law stood previously, ISP’s were allowed to delete your browsing history as and when they saw fit.  This made the Law authorities investigations into criminal activity a hit and miss affair depending of how they stumbled upon the ‘cyber crime’ data.

The new Laws allow them to issue a warrant to the ISP on the grounds of ”any suspected ‘cyber crimes’ being committed.  Te issue of the warrant enforces the ISP to keep all cyber browsing history, and other internet activity to allow Law enforcement agencies access to prove and track crime.

This story was reported by the SMH in todays paper under the heading – New law to control cyber data

Part of that story quoted Nicola Roxon and said in part:

“… Attorney-General Nicola Roxon said the laws would help police track cyber criminals globally and give authorities the power to find people engaged in forgery, fraud, child pornography and infringement of copyright and intellectual property. They also will allow Australia to join the Council of Europe Convention on Cybercrime, which has 34 members.

”Cyber crime is a growing threat that touches all aspects of modern life,” Ms Roxon said. ”It poses complex policy and law enforcement challenges, partly due to the transnational nature of the internet.” …

Read more

Just when you thought that ‘privacy concerns’ were back in the bottle – internal requests by crime investigators had got their way to make it easier for them to do their jobs.

The problem with Laws like this is that they start out being honourable in their intent. But as they go through the process, others who have input make additional recommendations according to their own agenda’s, and quite often Lobby influence is behind those ‘additions’.

The ‘child pornography’ hunt is something they everybody will support – as is money laundering, drug crime and terrorism, but why throw in the ambit – of ‘infringement of copyright and intellectual property’ without qualification.

As explained in yesterdays story – and linked here – downloading movies, TV shows and even software is far from a crime with status anywhere near equal to the other crimes mentioned above.

The current copyright laws go no where near dealing with the technology advancement the internet brings when wanting to share movies, TV shows, and the like.   The Law is wrong on this issues and need to be seen as being outdated in line with what yesterdays story outlined.

The new Law and the Bill passed yesterday can be read at the APH website – using this link.

This link provides a summary of the Bill and states –

Facilitates Australia’s accession to the Council of Europe Convention on Cybercrime by amending the:

  • – Telecommunications Act 1997, and Telecommunications (Interception and Access) Act 1979 to require carriers and carriage service providers to preserve stored communications when requested by certain domestic agencies or when requested by the Australian Federal Police on behalf of certain foreign countries;
  • – Mutual Assistance in Criminal Matters Act 1987 and Telecommunications (Interception and Access) Act 1979 to: ensure that a foreign country can secure access to stored computer data, including preserved data; and allow a stored communication warrant to be obtained for foreign law enforcement purposes;
  • – Mutual Assistance in Criminal Matters Act 1987, Telecommunications Act 1997, and Telecommunications (Interception and Access) Act 1979 to: enable existing telecommunications data to be provided to a foreign law enforcement agency on a police to police basis; and enable the collection of prospective telecommunications data for foreign law enforcement purposes in certain circumstances;
  • – Telecommunications Act 1997 to provide that carriers and carriage service providers can recover costs incurred when assisting foreign law enforcement agencies;
  • – Criminal Code Act 1995 to provide that computer offences are consistent with the Convention; and Telecommunications (Interception and Access) Act 1979 to: create confidentiality requirements in relation to authorisations to disclose telecommunications data; and expand offence provisions.

In trying to track down the history and research information the Bill was based upon, the APH website ‘Bills Digest‘ link was used.  This .pdf file gave a history of the Bills progress and research origins.  When trying to use the links provided in the document – i.e. copy and pasting the text of the link – ‘404’ messages were returned – i.e. link not found.

Advice from the APH IT staff stated that the APH website changed in February 2012 and all the links in documents prior to that date are not working. The staffer was helpful and said that they would get someone go through the document and update all the links and send me advice when it had been completed.

[Can you imagine the task involved in updating the many millions of documents at the APH website date stamped pre Feb 2012 and the job of going through all these documents and updating the links. This is not ging to happen – so with the swoop and a new website all past documentation have been wiped from the system. If you wat the links updated you have to make a phone call and have the staffer try and find the document – of find the source link and update the link. If ever there was a way to upgrade a website – this pre Feb 2012 document and link erasure proves that the IT budget of the Government is limitless. I find this unbelievable – there are plenty of ways to maintain links in a site upgrade, if you wish to.]

This is an ongoing and important story, and when the APH get back with updated links to allow the research to continue –  the story will continue.   Other research on this story is also ongoing.


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  1. August 24, 2012 at 6:32 am
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