Metadata Retention vs Critical Infrastructure Protection
Channel: CryptoParty Sydney
Date: 2017-01-19

Build-a-wall: The conflicting legislation of the metadata retention regimes in Australia

Slides --►http://bit.ly/2k5qxuq
Speaker --► Stanley Shanapinda
Website --► https://www.cryptoparty.in/sydney

The Federal Government announced the New Review of the Telecommunications and Other Legislation Amendment Bill 2016

ISPs may be required to retain information to prevent telecommunications networks from being used to commit cyber crimes. The use of retained session metadata is an effective cyber attack detection strategy. ISPs may therefore retain session metadata and disclose it to the Attorney General's Department (AGD) to comply with the proposed law. The AGD is an intermediary, overseeing and sharing information with the Federal police and security agencies, and vice versa.

On the other hand, to protect privacy, the Data Retention Act 2015 does not require the ISP to retain session metadata. The ISP may voluntarily do so. The Data Retention Act 2015 however, requires the ISP to disclose information it has available, if law enforcement and security agencies request for it.

The relationship between these laws may therefore require clarity and ring-fencing to prevent conflict and being by-passed.

Hear more about these laws and the potential effects from Stanley Shanapinda