[AusNOG] Assistance and Access Bill moves to PJCIS

[Paul Wilkins]

APH calendar
<https://www.aph.gov.au/About_Parliament/House_of_Representatives/About_the_House_News/This_week_in_the_House>
shows the Bill scheduled for debate tomorrow.

Last media release from PJCIS
<https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/TelcoAmendmentBill2018/Media_Releases>
28 Nov, they would hear evidence from security agencies as to the urgency
of the Bill.

Push meets shove?

Kind regards

Paul Wilkins


On Tue, 4 Dec 2018 at 11:16, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

> This morning I don't know what to think.
>
> Somehow a confidential submission, by the AFP no less, to the PJCIS has
> leaked.
>
> So the government needs to pass new powers so police can investigate
> serious crime, including I suppose where it's the government that leaks.
>
> Or on the other hand, if the government can't maintain the security of
> their own papers, how can the public and industry ever rely on government
> for the security of their business and personal data?
>
> By the way, where you see Liberals arguing police need the same powers as
> ASIO and AFP, this actually is not correct. The intelligence services need
> Exceptional Access powers. I see no reason for the extent of judicial writ
> for the police to go anything beyond Legal Intercept. Which requires a
> different set of powers, different technical implementations, and
> diminished consequences for data security, and different rules of evidence.
>
> How you avoid a dozen different agencies all kicking in the doors on data
> centres without stepping on each others toes is an exercise for the reader.
>
> Kind regards
>
> Paul Wilkins
>
> On Mon, 3 Dec 2018 at 15:31, Mark Smith <markzzzsmith at gmail.com> wrote:
>
>> On Mon, 3 Dec 2018 at 11:17, Paul Wilkins <paulwilkins369 at gmail.com>
>> wrote:
>> >
>> > Well obviously taking the time to read and consider the public and
>> industry submissions is preferable to pronouncements of "extensive"
>> consultation, then trying to second guess what's on the 5 Eyes' "Letter to
>> Santa" so we can push the Bill through before Christmas.
>> >
>> > There does need to be a settlement between the State's need to enforce
>> the rule of law, and citizen rights of privacy and private property. The
>> problem is if you say it can't be done at all, governments will simply
>> proceed without your input.
>> >
>> > So I think EA is going to happen, regardless.
>>
>> Until the legislation is passed, EA hasn't happened.
>>
>> > So we need a debate how that can be accommodated, minimising the
>> adverse impacts, while maximising the benefits for national security, and
>> coming to some kind of settlement with Law Enforcement that preserves
>> citizens rights. Of course, this isn't possible under the current Dep't
>> Home Affairs' timeline, though if Labor stalls the Bill, that will be some
>> welcome respite.
>> >
>>
>> Nobody is obligated to spend any time on something the government
>> proposes unless it becomes law.
>>
>> If you want to work on the idea of EA it is up to you, however this is
>> not a EA development forum, so I think any ideas you have regarding
>> the mechanics are off-topic for this list.
>>
>>
>> > While we're at it, suggestions that EA could be achieved by pushing the
>> onus for EA authentication to service provider mechanisms, is deeply
>> flawed, but the security experts pushing this will get the ear of
>> governments if no one else has anything constructive to say.
>> >
>> > Kind regards
>> >
>> > Paul Wilkins
>> >
>> >
>> > On Sun, 2 Dec 2018 at 14:38, Mark Smith <markzzzsmith at gmail.com> wrote:
>> >>
>> >> On Sun, 2 Dec 2018 at 13:17, Paul Wilkins <paulwilkins369 at gmail.com>
>> wrote:
>> >> >
>> >> > “We have said we are willing to pass a bill by Thursday, which gives
>> appropriate powers, these powers, to national security agencies with
>> appropriate oversight to target criminals and people who are being
>> investigated for child sex crimes."
>> >> > Penny Wong
>> >> > So that's settled. Without Labor's support, the Bill can't proceed.
>> The Liberal's are too invested to compromise, and they need this in play
>> only for the politics. So 50/50 the Bill is sunk, or we get ASIO/AFP
>> powers, a sunset clause, and a considered bill somewhere down the track.
>> >> >
>> >>
>> >> Not properly considered, because the politicians aren't listening to
>> >> the information security technology experts about how feasible it is
>> >> to build this securely.
>> >>
>> >> Legislating the impossible doesn't make it possible.
>> >>
>> >>
>> >>
>> >>
>> >> > Kind regards
>> >> >
>> >> > Paul Wilkins
>> >> >
>> >> > On Sun, 2 Dec 2018 at 13:00, Paul Wilkins <paulwilkins369 at gmail.com>
>> wrote:
>> >> >>
>> >> >> Scott Morrison 'blew up' bipartisan compromise on encryption, says
>> Labor
>> >> >>
>> >> >> Government and opposition locked in battle over laws to allow
>> security and intelligence agencies access to encrypted telecommunications
>> >> >>
>> >> >>
>> >> >> On Sat, 1 Dec 2018 at 11:39, I <beatthebastards at inbox.com> wrote:
>> >> >>>
>> >> >>> Paul Wilkins wrote:
>> >> >>> Parliamentary Calendar is showing the Bill listed for debate Wed
>> 5th December. Not sure by what process it gets listed.
>> >> >>>
>> >> >>> Perhaps the appointment for debate is the equivalent of a mention
>> in the court process and it will be returned to the committee.
>> >> >>>
>> >> >>> Rob
>> >> >>>
>> >> >>>
>> >> >>>
>> >> >>>
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>> >> >
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>
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