EFF: The fight against mass surveillance in Australia has just begun

So mandatory data retention is a thing in Australia now, but here's why you shouldn't despair. Article by Eva Galperin for EFF Mandatory data retention legislation is never a good idea, which is why EFF has vigorously opposed it in the United States, where Congress tried and failed to pass it in 2009. That year, two ill-conceived bills would have required all Internet providers and operators of Wi-Fi access points to keep records on Internet users for at least two years to assist police investigations. Nevertheless, governments around the world, individually, and in concert, continue to argue that the stockpiling of the private, personal data of entire populations become a global norm. It's a constant battle, but one with some clear victories, most notably in the European Union, and most recently in Paraguay. The latest setback in the global fight against data retention has been in Australia, which, despite widespread opposition from journalists, activists and the general public, passed a comprehensive data retention bill this month.

So mandatory data retention is a thing in Australia now, but here's why you shouldn't despair.

Article by Eva Galperin for EFF

Mandatory data retention legislation is never a good idea, which is why EFF has vigorously opposed it in the United States, where Congress tried and failed to pass it in 2009. That year, two ill-conceived bills would have required all Internet providers and operators of Wi-Fi access points to keep records on Internet users for at least two years to assist police investigations. Nevertheless, governments around the world, individually, and in concert, continue to argue that the stockpiling of the private, personal data of entire populations become a global norm. It's a constant battle, but one with some clear victories, most notably in the European Union, and most recently in Paraguay. The latest setback in the global fight against data retention has been in Australia, which, despite widespread opposition from journalists, activists and the general public, passed a comprehensive data retention bill this month.

What’s wrong with mandatory data retention? Most ISPs and telecommunications companies give subscribers an IP address that changes periodically. Mandatory data retention proposals force ISPs and telecommunications providers to keep records of their IP address allocations for a certain period of time. This allows law enforcement to ask ISPs and telecom providers to identify an individual on the basis of who had a given IP address at a particular date and time. Government mandated data retention impacts millions of ordinary users compromising online anonymity that is crucial for whistle-blowers, investigators, journalists, and those engaging in political speech. National data retention laws are invasive, costly, and damage the right to privacy and free expression. They compel ISPs and telecommunications companies to create large databases of information about who communicates with whom via Internet or phone, the duration of the exchange, and the users’ location. These regimes require that your IP address be collected and retained for every step you make online. Privacy risks increase as these databases become vulnerable to theft and accidental disclosure. Service providers must absorb the expense of storing and maintaining these large databases and often pass these costs on to consumers.

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