2016-01-11
Alex Schlotzer
The Turnbull Government's society-wide, mandatory data retention has been in force for just under two months. And it looks like quite a number of Australia's ISPs and telcos are not yet retaining your data.
There are reports that in most instances, the reason ISPs and telcos haven't started retaining your data is that it comes down to the Attorney-General's office not processing the plans submitted by telcos and ISPs to begin implementing this draconian policy.
The Government recently announced a grant program of $128 million to support ISPs and telcos implementation of the data retention regime while there continue to be reports that some smaller ISPs are already feeling the pressure of complying with this policy. There are also some massive gaps in the existing laws that mean if there's a breach of your data, there is no obligation on the government or your ISP or telco to reveal the breach. This was despite the Attorney-General George Brandis declaring that such legislation would be introduced this year.
And we've already seen a range of government agencies and organisations line up wanting access to retained data like the State racing regulatory agencies making claims they should have access. This is on top of the Government passing legislation that allows federal law enforcement and intelligence agencies to take over a person's computer even if that person is not a suspect, and even allows for the files on that person's computer to be altered, added to or deleted.
Only the Greens have been vocal in the Parliament opposing the government's plans to massively invade your privacy with unnecessary or unwarranted surveillance. And the Greens are working alongside other organisations across Australia like civil liberties organisations, Electronic Frontiers Australia, Internet Australia and a host of other industry groups and not-for-profits to challenge the Government's surveillance laws and to organise opposition to the increasing erosion of our rights.
But ultimately none of this would have occurred if Labor hadn't supported the Government's policy, despite the protestations later on from some prominent Labor MPs at their conference. It was galling to listen as speaker after speaker denounced the Government's mandatory data retention laws, after having voted to support the laws. And despite the pretty words of defiance from Labor MPs, Parliament's voting record reveals the truth – only the Australian Greens stood up with the community and said no to unwarranted and unnecessary surveillance of Australians that effectively turns every Australian citizen into a suspect.
A little protection
If you're not sure what to do to give yourself a little more protection from the government's mandatory, society-wide data retention regime, here's a couple of hints and tips:
Wickr: If you're really into texting but want to keep them anonymous, then you might want to try out the Prime Minister's preferred option - Wickr. It's pretty easy to use and it encrypts your text messages.
Tor: Tor is free software and an open network that helps you defend against traffic analysis, a form of network surveillance that threatens personal freedom and privacy, confidential business activities and relationships, and state security.
VPN: A virtual private network (VPN) is a network that is constructed to connect to a private network which then allows you to surf the Internet while giving yourself some protection from people knowing your personal identity and location.
Alex Schlotzer is the National Secretary of the Australian Greens. Disclaimer: He is also secretary of Electronic Frontiers Australia, Australia's leading voice for digital rights.