Data theft flaws found in cybercrime bill

Powered by SC Magazine
 

No reprieve for small ISPs.

A Joint Select Committee has made 13 unanimous recommendations to amend proposed cyber crime legislation.

The Cybercrime Legislation Amendment Bill pushed telcos and ISPs to preserve "stored communications and telecommunications data", such as "computer data", email, and SMS messages.

Law enforcement agencies could get hold of the data to aid investigations if they had a "preservation notice".

Although the Bill provided a clear legislative basis for the preservation of communications, it failed to balance this expansion with specific attention to data handling issues, the committee said in its report handed down yesterday.

“There are an expanding number of carriers and carriage service providers in the Australian market place that must cooperate in law enforcement agencies and retain data under the Bill," the committee said.

"It seems logical that any increase in the volume of retained data will inevitably increase the risk of data theft.”

Other recommendations endorsed industry, privacy and professional concerns about the Bill’s potential to undermine many protections under the guise of acceding to an overseas treaty.

The Bill has been couched by the Government as a necessary extension of surveillance powers to comply with the European Convention on Cybercrime.

The committee recommended that smaller ISPs and carriers should not be exempted from the Privacy Act 1988.

Carriers and ISPs should be subject to express data handling and storage requirements including destroying preserved data when it is no longer required.

Several recommendations sought to strengthen and make clearer on what basis a foreign country could apply for data access, in line with concerns aired privacy advocates.

A bombshell request by Telstra at a committee hearings seeking more time to implement the Bill  also provoked a stinging rebuke for the Attorney-General’s department over their industry consultation generally.

"There appears to be a need for greater consultation between the government and industry on the implementation of the Bill," the committee noted.

Attorney-General Robert McCllelland said the Government would consider the committee's recommendations.

Greens add criticism

Committee member and Greens Senator Scott Ludlam said that there could still be issues if and when the legislation made it to the upper house.

“Once again with this Bill, a major expansion of the surveillance state is occurring with entirely inadequate justification,” he said in an annex to the committee’s report.

He was critical of areas of the Bill he said were inconsistent with rules in the European Convention.

Copyright © iTnews.com.au . All rights reserved.


Data theft flaws found in cybercrime bill
 
 
 
Top Stories
Hockey flags billion-dollar Centrelink mainframe replacement
Claims 30 year-old tech is holding Govt back.
 
Ombudsman wants to monitor warrantless metadata access
Requests ability to report publicly.
 
Frugality as a service: the Amazon story
Behind the scenes, Amazon Web Services is one lean machine.
 
 
Sign up to receive iTnews email bulletins
   FOLLOW US...

Latest VideosSee all videos »

The great data centre opportunity on Australia's doorstep
The great data centre opportunity on Australia's doorstep
Scott Noteboom, CEO of LitBit speaking at The Australian Data Centre Strategy Summit 2014 in the Gold Coast, Queensland, Australia. http://bit.ly/1qpxVfV Scott Noteboom is a data centre engineer who led builds for Apple and Yahoo in the earliest days of the cloud, and who now eyes Asia as the next big opportunity. Read more: http://www.itnews.com.au/News/372482,how-do-we-serve-three-billion-new-internet-users.aspx#ixzz2yNLmMG5C
Interview: Karl Maftoum, CIO, ACMA
Interview: Karl Maftoum, CIO, ACMA
To COTS or not to COTS? iTnews asks Karl Maftoum, CIO of the ACMA, at the CIO Strategy Summit.
Susan Sly: What is the Role of the CIO?
Susan Sly: What is the Role of the CIO?
AEMO chief information officer Susan Sly calls for more collaboration among Australia's technology leaders at the CIO Strategy Summit.
Meet the 2014 Finance CIO of the Year
Meet the 2014 Finance CIO of the Year
Credit Union Australia's David Gee awarded Finance CIO of the Year at the iTnews Benchmark Awards.
Meet the 2014 Retail CIO of the Year
Meet the 2014 Retail CIO of the Year
Damon Rees named Retail CIO of the Year at the iTnews Benchmark Awards for his work at Woolworths.
Robyn Elliott named the 2014 Utilities CIO of the Year
Robyn Elliott named the 2014 Utilities CIO of the Year
Acting Foxtel CIO David Marks accepts an iTnews Benchmark Award on behalf of Robyn Elliott.
Meet the 2014 Industrial CIO of the Year
Meet the 2014 Industrial CIO of the Year
Sanjay Mehta named Industrial CIO of the Year at the iTnews Benchmark Awards for his work at ConocoPhillips.
Meet the 2014 Healthcare CIO of the Year
Meet the 2014 Healthcare CIO of the Year
Greg Wells named Healthcare CIO of the Year at the iTnews Benchmark Awards for his work at NSW Health.
Meet the 2014 Education CIO of the Year
Meet the 2014 Education CIO of the Year
William Confalonieri named Healthcare CIO of the Year at the iTnews Benchmark Awards for his work at Deakin University.
Meet the 2014 Government CIO of the Year
Meet the 2014 Government CIO of the Year
David Johnson named Government CIO of the Year at the iTnews Benchmark Awards for his work at the Queensland Police Service.
Q and A: Coalition Broadband Policy
Q and A: Coalition Broadband Policy
Malcolm Turnbull and Tony Abbott discuss the Coalition's broadband policy with the press.
AFP scalps hacker 'leader' inside Australia's IT ranks.
AFP scalps hacker 'leader' inside Australia's IT ranks.
The Australian Federal Police have arrested a Sydney-based IT security professional for hacking a government website.
NBN Petition Delivered To Turnbull's Office
NBN Petition Delivered To Turnbull's Office
UTS CIO: IT teams of the future
UTS CIO: IT teams of the future
UTS CIO Chrissy Burns talks data.
New UTS Building: the IT within
New UTS Building: the IT within
The IT behind tomorrow's universities.
iTnews' NBN Panel
iTnews' NBN Panel
Is your enterprise NBN-ready?
Introducing iTnews Labs
Introducing iTnews Labs
See a timelapse of the iTnews labs being unboxed, set up and switched on! iTnews will produce independent testing of the latest enterprise software to hit the market after installing a purpose-built test lab in Sydney. Watch the installation of two DL380p servers, two HP StoreVirtual 4330 storage arrays and two HP ProCurve 2920 switches.
The True Cost of BYOD
The True Cost of BYOD
iTnews' Brett Winterford gives attendees of the first 'Touch Tomorrow' event in Brisbane a brief look at his research into enterprise mobility. What are the use cases and how can they be quantified? What price should you expect to pay for securing mobile access to corporate applications? What's coming around the corner?
Ghost clouds
Ghost clouds
ACMA chair Chris Chapman says there is uncertainty over whether certain classes of cloud service providers are caught by regulations.
Was the Snowden leak inevitable?
Was the Snowden leak inevitable?
Privacy experts David Vaile (UNSW Cyberspace Law and Policy Centre) and Craig Scroggie (CEO, NextDC) claim they were not surprised by the Snowden leaks about the NSA's PRISM program.
Latest Comments
Polls
Which bank is most likely to suffer an RBS-style meltdown?





   |   View results
ANZ
  20%
 
Bankwest
  9%
 
CommBank
  12%
 
National Australia Bank
  17%
 
Suncorp
  23%
 
Westpac
  19%
TOTAL VOTES: 1516

Vote