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Lost in transcription: The Australian regime for interception of, and access to, communications content and metadata

Publisher
Telecommunications Internet access Australia
Resources
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download linkapo-nid69284.pdf 275.63 KB
Description

In this paper, we discuss the European model for the interaction between agencies and telecommunications operators and analyse the application of this model for stored communications in the Australian regulatory context. We draw out the complexities in, and problems with, the Australian regime to show that the system has significant legal obscurities. We analyse the source of obligations to provide communications content and provide some criticism on the distinct lack of clarity which arises in the provision of communications content and metadata. We consider the practical approaches taken by Australian operators in the face of this uncertain regulatory regime. We conclude by suggesting some amendments to the regime which would provide the 'bright line' clarity which we argue is required in respect of a best practice interception and access regime.

Publication Details
Access Rights Type:
open