It’s only the beginning: Metadata Retention laws and the Internet of Things

Abstract

This article examines the implications of selected aspects of the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015, which was passed by the Australian Parliament in March 2015. It shows how the new law has strengthened protections for privacy. However, focusing on the investigatory implications, it shows how the law provides a tactical advantage to investigators who pursue whistleblowers and investigative journalists. The article exposes an apparent discrepancy in the way ‘journalist’ is defined across different pieces of legislation. It argues that although legislators’ interest has been overwhelmingly focused on communications data, the explosion of data generated by the so-called Internet-of-Things (IoT) is as important or more. It shows how the sensors in selected IoT devices lead to a loss of user control and will enable non-stop, involuntary and ubiquitous monitoring of individuals. It suggests that the law will need to be amended further once legislators and investigators’ knowledge of the potential of IoT increases.