Attorney-General moves toward supporting controversial data retention plan

Attorney-General Nicola Roxon appears to have changed her position regarding the controversial data retention plan, which would see all Australian ISPs forced to store the online data of their customers for up to two years. Despite saying only six weeks ago that the case had not yet been made, Roxon’s speech in Canberra today at the Security in Government conference will explain that law enforcement agencies need the data retention policy to “build a picture of criminal activity over a period of time.” The plan is part of a package of more than 40 proposed changes to national security legislation.

In her draft speech, Roxon also says that new technologies have made it easier for criminal and terrorists to hide, and that the data retention plan is the best way of allowing law enforcement agencies to continue investigating crime.  Neil Gaughan, head of the AFP’s High Tech Crime Centre, agrees, telling a cyber security conference recently that without data retention laws, “the AFP won't be able to investigate groups such as Anonymous over data breaches because we won't be able to enforce the law.”

The policy has come under fire from industry specialists, civil liberties groups and members of the public, who have cited both the cost to the industry and to individual privacy as reasons why the plan should not go ahead. The Joint Parliamentary Committee on Intelligence and Security, which is examining the proposals, has received almost 200 submissions.

Greens Senator Scott Ludlam has said the Attorney-General’s change of heart marks "a dangerous new stage in the 'data retention' debate,” and is premised on “the unjustified paranoia that all Australians are potential criminal suspects.” Meanwhile, a joint submission from telecommunications industry groups has called for full compensation from the government’s security agencies, estimating that retaining data for two years could cost up to $700 million. There is concern that these costs could be passed on to consumers, especially with respect to the smaller ISPs, who may not be able to shoulder the data storage costs.

The Media Entertainment and Arts Alliance has also been scathing of the plan, saying that the proposal has “the potential to threaten press freedom,” especially with respect to journalist’s sources.

However, the Australian Federal Police and Australian Taxation Office have come out in support of the proposal, with the ATO saying that the policy would be consistent with European practices, and would allow it to more effectively deal with attempts to defraud the Commonwealth.

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