In
his piece about metadata today, David Leyonhjelm makes this claim:
When governments get involved in regulating things they don't
understand, things tend to go terribly wrong. Getting into the
insulation business, for instance, resulted in installers dying and
houses burning down. This proposal has the potential to have equally
significant consequences.
Mmmm yes; the politician most against government regulation of businesses now tries to make an example of a problem that occurred because of inadequate regulation, or enforcement thereof, in a business.
Shameless inconsistency by a gun stroking numbskull.
As for metadata: if some ISPs are already storing it for a year or two (as the government has said), then who are libertarians to stop them running their business as they see fit? Sure, privacy concerns are raised by the practice, and that is conceded below.
Common sense suggests that there is no reason to doubt that metadata could be very useful for
some very serious criminal investigations and anti terrorist intelligence operations.
The issue with metadata should not be about storage per se, but about who, and the basis on which, access can be given.
If the argument was restricted to that, I don't see a problem.
But the argument that metadata should not be kept or accessible by anyone at all - that doesn't pass the common sense test.
Update: I see from this
Gizmodo article, that the intention of the government legislation is to actually
reduce the number of authorities who can access it:
Currently any authority or body that enforces a criminal law, a
law imposing a pecuniary penalty or a law that protects the public
revenue is an ‘enforcement agency’ under the TIA Act and can seek
telecommunications data where that access complies with the requirements
set out in Chapter 4 of the TIA Act. In 2012-2013 data was
accessed by around 80 Commonwealth, State and Territory agencies with
criminal law or revenue protection functions.
The Bill will require that bodies who are not a ‘criminal law
enforcement agency’ for the purposes of the TIA Act must be declared by
the Minister to be an ‘enforcement agency’ before they can authorise the
disclosure of telecommunications data. These amendments will
ensure that only authorities and bodies with a demonstrated need to have
telecommunications information can authorise the disclosure of this
information. These amendments are consistent with Recommendation 5 of
the PJCIS Report that the number of agencies able to access
telecommunications data be reduced.
This is the type of detail that should be being discussed.