Speaking of corporate complicities [was Cracking Over Coding]

Julian Assange proff at iq.org
Sun Feb 4 04:27:23 PST 2001



   http://www.theage.com.au/news/2001/02/04/FFX73146QIC.html 

   Anger at plundered phone records
   By BRENDAN NICHOLSON
   POLITICAL CORRESPONDENT
   THE AGE
   Sunday 4 February 2001
   
   Watchdog groups are demanding urgent changes to a system that last
   year allowed police and other government agencies to access
   confidential phone records on more than a million occasions without
   search warrants.
   
   The Australian Communications Authority has confirmed that
   telecommunications companies passed on information to law-enforcement
   and other government agencies 998,548 times in 1999-2000 - a move
   condemned as wholesale invasion of privacy.
   
   The extraordinary access to phone records does not include information
   given to the Australian Security Intelligence Organisation, which is
   believed to be substantial and which the agency is not obliged to
   disclose.
   
   The information revealed included telephone accounts, numbers dialled,
   the time calls were made and their duration, and use of the Internet.
   These disclosures were made at a rate of more than 19,000 a week, or
   nearly 4000 on any working day.
   
   This process is separate from telephone interception, or phone
   tapping, which has also increased dramatically in the past three
   years, but which requires law-enforcement officers to obtain a
   warrant.
   
   The scant information about the process was released by the
   communications authority in a written answer to a question asked by
   the Federal Opposition during Senate hearings.
   
   But the ease and frequency with which police and other agencies are
   combing through phone records triggered serious concerns about the
   system's lack of privacy safeguards.
   
   Mr Chris Maxwell, QC, president of Liberty Victory, the Victorian
   Council for Civil Liberties, said the figures revealed a wholesale
   invasion of privacy. "People's phone records are their private affair.
   No one else should have access to them except in exceptional
   circumstances.
   
   "Police access to phone records has apparently become a matter of
   routine."
   
   Mr Maxwell said the Federal Government should take action immediately
   to find how and why this had occurred and to change the rules so that
   access was limited to cases of serious crime.
   
   "The stringent requirements for telephone tapping warrants would
   provide a good starting point," Mr Maxwell said.
   
   Tim Dixon, chairman of the Australian Privacy Foundation, set up in
   response to public concerns about the Australia Card in 1987, said a
   colossal amount of information was being collected.
   
   "And in any practical sense there is no monitoring and no auditing or
   assessment of whether or not those inquiries are relevant.
   
   "It sounds as though they are using it as an ordinary person uses
   directory service."
   
   Mr Dixon suggested that an ombudsman could audit the process by
   randomly selecting 1000 examples of access to information and
   examining why it was sought and whether it was justified.
   
   "Having a mechanism like that in place would give you much greater
   assurance that there will be some accountability and there won't be
   inappropriate use," he said.
   
   "But at the moment there is no mechanism like that, and given the
   enormous number of occasions when information is being obtained I
   can't imagine that there is any restraint on using those powers.
   
   "It could clearly be abused and none of us would know."
   
   Democrats privacy spokeswoman Senator Natasha Stott-Despoja said she
   was astounded that such a vast amount of information was being handed
   over without adequate safeguards. She said that when the power to
   access telecommunications information without a warrant was granted,
   the intention was clearly that it be used to combat major crime.
   Exactly who oversees the process is unclear, with Attorney-General
   Daryl Williams' office referring inquiries to Communications Minister
   Richard Alston, and Senator Alston's office referring them back to Mr
   Williams.
   
   The Telecommunications Act of 1997 allows telecommunications companies
   to release information to federal and state law-enforcement agencies
   without seeing a warrant if the agencies satisfy them that disclosure
   is "reasonably necessary".
   
   Ninety-eight per cent of the disclosures were made by Telstra, Cable
   and Wireless Optus and Vodafone.
   
   Labor frontbencher Laurie Brereton said it was clear from the massive
   number of disclosures that access to records was "a matter of casual
   and routine procedure".
   
   The system could also allow whistleblowers to be hunted down and
   persecuted, he said.
   
--
 Julian Assange        |If you want to build a ship, don't drum up people
                       |together to collect wood or assign them tasks and
 proff at iq.org          |work, but rather teach them to long for the endless
 proff at gnu.ai.mit.edu  |immensity of the sea. -- Antoine de Saint Exupery





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