Thursday 30 October 2014

What you need to know about the government getting your metadata

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Image: Getty Images
SYDNEY — Since the terror alert was raised to high in September, the Australian Government has been very busy.
Tony Abbott’s government has pushed through a number of changes that affect your privacy and life online. First the government changed the law to allow Australian spies monitor the entire internet, they then introduced legislation which allows the government to easily cancel passports and restrict areas of travel for Australians.
On Thursday, the government hastily introduced the third in the set of anti-terror legislation, a data retention bill, which will ensure everyone's metadata is retained for two years by service providers.
Can’t keep up with the pace? You’re not alone. Here is a run down of what went down today and what it means for you and your occasional visits to The Pirate Bay.

What are the government’s reasons?

TERRORISM.
Oh, and the government said in the data retention bill they need to fight crime in the most efficient way possible, and to do this in the digital age they require access to telecommunication data.
"Serious and organised criminals and persons seeking to harm Australia’s national security, routinely use telecommunications service providers and communications technology to plan and to carry out their activities,” the bill explanation stated.

What is metadata?

Metadata has not been defined by the government in the bill, but it states it will exclude content of calls or emails, web browsing history and URLs. So you can keep sending inappropriate Snapchats to your mates.
Metadata is generally referred to as ‘non-content’ and includes location of device, time of communication and the details of involved parties.
From the bill: "A critical tool available under the TIA Act is access to telecommunications data. Telecommunications data is information about a communication, such as the phone numbers of the people who called each other, how long they talked to each other, the e-mail address from which a message was sent and the time the message was sent."

What are telecommunication providers required to do?

They will need to upgrade their systems to be able to archive your metadata for two years. They currently are not required by law to retain data information on their customers for any specific length of time. The government will be able to obtain this metadata from them without a warrant. You know how Internet service providers used to be your friend? They can no longer be — and they hate that.
Many providers are jumping up and down, with iiNet saying it could cost up to $600 million to upgrade the company's systems. The government says it will provide some funds to help, but the amount is yet to be decided.
Providers will have 18 months to comply with the data retention policy.

Who is allowed to access your data?

For the use in criminal law, state, territory and federal police, customs, crime commissions and anti-corruption bodies will have access to your data. They are meant to have an intelligence reason for accessing your data, but with no one watching the ins and outs, it can not be guaranteed.
If other law enforcement bodies want your information, they will need to apply and have the application approved by the attorney-general.

When will this be law?

The bill will need to be discussed by the Parliamentary Committee on Intelligence and Security. This group is made up of MPs and senators who may propose amendments to the bill. It will then need to be passed through the House of Representatives with the support of the Opposition and then make it through the Senate.
On Thursday afternoon, the Labor Opposition announced they will defer the debate in the House of Representatives until 2015 so it can be subject to proper scrutiny. They also revealed the party were not consulted before the introduction of the bill.

How will it affect me?

Without any public discourse, the government has decided it wants to access your metadata at any time without any kind of oversight.
“The haste with which the government is rushing through its three tranches of counter-terror measures is wrong. It is clear that all three Bills have been woefully drafted and contain appalling examples of overreach by government agencies into the lives of every Australia at the cost of freedoms that are part of the fabric of a healthy, functioning democracy,” the Media, Entertainment & Arts Alliance Federal Secretary Chris Warren warned.
Not only will the proposed law edge in on your privacy rights, it is believed it could be used to target pirates.
“Absolutely. Any interface or connection someone has over the internet, we need to be able to identify the parties to that collection. Illegal downloads, piracy, cyber crimes, cyber security. Our ability to investigate them is pinned to the ability to retrieve metadata,” Australian Federal Police Commissioner, Andrew Colvin said at a press conference on Thursday.
The cost of the scheme to ISPs and telcos also hasn’t been established and is expected to result in higher internet bills for consumers, with some estimates at $100 a year. Oh, the joys of the government trying to catch up with the Internet.

How can I avoid it?

While we can't guarantee how well these will work against government's measures, these methods to cover your digital footprint could be a start.
You could simply get rid of your mobile phone, or you could encrypt the data. You can encrypt your iPhone texts with an app such as TigerText and your phone calls with CoverMe. For Android devices try WhisperSystems.
You can also encrypt the connection from your email provider to your computer. Encrypting your email messages with this Google Chrome extension will protect your content, though this may not be necessary.
To browse anonymously sign up to Tor and head into the deep web. Think carefully about what you post to social media or choose not to post at all. Even if your accounts are set to private, it is still possible for the government to get access to the information.
If you want to go hardcore, there are services that hide your IP address entirely by using VPN technology. Give HotSpot Shield a try.
Good luck with your mission preparing yourself for 2015.
Have something to add to this story? Share it in the comments.

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