Australian Metadata Laws Passed in Senate
Criminals may be able to get around Government's new metadata laws: Brandis
Attorney-General George Brandis said he was "allowing for the possibility" that "smart criminals" may be able to get around the Government's new data retention laws.The legislation, which will force phone and internet companies to hold onto their customers' data for two years, passed the Senate yesterday.Senator Brandis said access to so-called "metadata" was essential for authorities."Metadata is the basic building block in nearly every counter-terrorism, counter-espionage and organised crime investigation," Senator Brandis said after the bill had passed.But this morning he said some criminals may be able to evade the laws."Smart criminals will devise ways to get around the law, I mean that's been the case with the criminal law for as long as the criminal law has existed," he said."In investigations you have to pursue every source and this is a very important source of criminal data and just because smart criminals might be able to find ways around it, doesn't mean that it ceases to be a useful or important source of investigative data."I'm not saying it's easy to get around, I'm allowing for the possibility that it may be got around."The Opposition agreed to support the legislation after the Government offered to amend it, inserting better protection for journalists' sources."No comparable nations will have greater pre-authorisation approval and post-authorisation oversight requirements for journalists," Senator Brandis said.He said the legislation struck the right balance."It does contain safeguards that were not there before, it is in the Government's view, shared I'm pleased to say by the Opposition, a measured and proportionate response," he told the Senate.The legislation passed the Senate in a 43 to 16 vote, with Labor's support.The Greens have said they will fight to repeal the "surveillance tax", warning it will have unintended consequences.Palmer United Party senator Dio Wang voted with the major parties, while Nick Xenophon, Glenn Lazarus, Jacqui Lambie, John Madigan and Ricky Muir voted against the legislation.Australians now under surveillance: GreensGreens communications spokesman Scott Ludlam warned the laws will have unintended consequences."The Labor Party caved into the Abbott Government and as a result, all 23 million of us here in Australia are now effectively under surveillance," Senator Ludlam said."We will be building the case, from today, for the repeal of this legislation."We will not let people forget come the 2016 election, the day the Labor Party sold out to Tony Abbott on one of the most important measures to have passed this Parliament in some time."But Labor senator Jacinta Collins rejected the assertion."The Labor Party has not caved in on this matter," she said, adding that the Opposition was also mindful of investigators' pleas for greater metadata access."We are the alternative Government and we do have to be responsible about issues related to national security."Questions over cost and usageSenator Ludlam also warned the cost of implementing the scheme, which he dubbed "the surveillance tax", would be passed on."Ultimately it will be paid by all of us, either through taxes or in your phone bill and your data bill," he said."I can't recall a bill of this magnitude passing the Parliament without the Government explaining what it was going to cost."South Australian independent senator Nick Xenophon said the legislation would mean Australians would pay higher telephone and internet charges."Of course there'll be a cost involved," said Senator Xenophon, who had tried unsuccessfully to have the bill amended."This will be a great big internet tax without necessarily making Australians safer."Senator Brandis said cost arrangements had not been finalised."There was a report done by PriceWaterhouseCoopers that assessed what the set-up cost of this system was likely to be," Senator Brandis said."It assessed... the likely range was between $188 million and $319 million, so the midpoint of that is around about $250 million to which the Government has said that we will make a substantial contribution," he said.Although the Government had agreed to cut the number of organisations with access to the information from over 80 down to 21, Liberal Democratic senator David Leyonhjelm said he feared peoples' metadata would become a "honeypot" for authorities."I do not look forward to saying 'I told you so' when this law is used to pursue illegal dumping, unpaid rates, petrol stations comparing fuel prices," he said."Mark my words however, that is what will happen." The Government has set up an industry working group designed to help it implement the new law.Questions remain over where the data will be stored, with some expressing concern about its vulnerability to hackers if kept overseas.It is understood that the Government aims to have the regime fully operational within two years.