[Chat] Access to Retained Data in Civil Proceedings BoF; Thurs lunch

[Rob N ★]

I will be there and able to talk about FastMail's submission if
it comes up.




On Wed, 18 Jan 2017, at 04:58 PM, Bron Gondwana via Chat wrote:

> On Wed, 18 Jan 2017, at 15:47, Fraser Tweedale via Chat wrote:

>> On Wed, Jan 18, 2017 at 02:28:15PM +1100, Fraser Tweedale via
>> Chat wrote:
>>> On Thurs lunch, there will be a BoF to discuss the Access to

>>> Retained Data in Civil Proceedings consultation, and workshop

>>> submissions.

>>> 

>>> Info:

>>> https://linux.conf.au/wiki/conference/birds_of_a_feather_sessions/data-retention-consultation/
>>> 

>>> The venue is not yet decided; if you know a place, lock it in.

>>> 

>> We'll meet in Tasman Hall A.

> 

> FYI - I won't be able to be there for this, I've already
> promised my time
> elsewhere, but here's the submission that FastMail made:

> 

> Submission to Communications Security Branch regarding "Access to

> telecommunications data in civil proceedings".

> 

> To whom it may concern,

> 

> FastMail Pty Ltd is an Australian company providing hosted
> internet email
> and related services to individuals and companies in over 100
> countries.
> While we do sell our service to Australians, the bulk of our customer
> base is overseas. Our customers tell us that a significant reason why
> they choose to pay for our service is the privacy they are
> afforded under
> Australian law.

> 

> Because of The Telecommunications (Interception and Access) Amendment
> (Data Retention) Bill 2015, we have no infrastructure processing
> customer
> data in Australia. We cancelled our plans to set up an Australian

> datacentre because the metadata requirements made it more onerous to

> store customer data inside Australia.

> 

> For businesses in other jurisdictions, the idea that their
> metadata could
> be handed over by an Australian court for a civil case would make them
> less willing to buy from us. This directly impacts our bottom
> line, and
> likewise that of any other Australian company wishing to sell hosted

> internet service overseas. European companies in particular require an
> assurance that their data is being processed in such a way that
> they are
> afforded the privacy and protections that their own countries
> require of
> them by law.

> 

> Even if an expanded scope of metadata use doesn't directly
> impact us now,
> it creates an impression that the Australian Government will
> continue to
> expand the scope of this class of laws until it does affect our users.
> Metadata retention requirements hurt Australian companies exporting

> services based on Australian skill.

> 

> We already suffer brain drain as a country, with many of our best

> technologists moving to San Francisco to join the startup world there.
> Laws that discourage forming technology startups in Australia by
> removing
> privacy safeguards on access to customer business data will not
> help this
> situation.

> 

> While it is obvious that civil litigants would like to be able
> to obtain
> any data that can help their cases, metadata is rarely used to support
> civil litigation, and civil litigation can already access the metadata
> collected in everyday operations.

> 

> On the other hand, weakening of data protections makes Australian

> companies less competitive globally. We strongly oppose the
> expansion of
> metadata access for civil cases.

> 

> Bron Gondwana on behalf of the Directors of FastMail.

> 

> --

>   Bron Gondwana

>   brong at fastmail.fm

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