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It seems the cops can get metadata from an ISP without a warrant, but need a warrant to access "stored communications" such as emails. I assume they'd usually
by incompatible 2y ago
It seems the cops can get metadata from an ISP without a warrant, but need a warrant to access "stored communications" such as emails.
I assume they'd usually be following backwards from an IP address, e.g., in some investigation they've raided some server logs and found a connection from an IP address, and they'd then go to the ISP to get the name/address of the subscriber. They seem to do this quite frequently.
https://privacy108.com.au/insights/metadata-access/ https://privacy108.com.au/insights/metadata-access/
- BLKNSLVR 2y agoGreat article, thanks for the link. Interesting (cherry-picked for maximum outrage) excerpts: In a report tabled in parliament by the Ombudsman in February 2021 (covering the period from 1 July 2018 to 30 June 2019) all agencies investigated were found to have accessed Australians’ metadata without the proper authorisation. “We identified instances at all inspections in 2018-19 where agencies had accessed telecommunications data without proper authority. As such, the disclosure of the data was unauthorised,”. The committee heard that while mandatory data-retention laws permit just 21 agencies to access the metadata, more than 87 other entities — including councils, the Victorian Institute of Education, the RSPCA and the South Australian fisheries department — have used section 280 to gain access. (Unrelated side note: this is the same country wanting to be given backdoor keys to encrypted communications).