[AusNOG] Assistance and Access Bill moves to PJCIS

[Paul Wilkins]

Some sensible amendments.

Recommendation 4
The Committee recommends that the Bill be amended to incorporate
recommendations from the *Commonwealth Ombudsman to establish clear
authority to inspect and gather information on the exercise of the industry
assistance measures* by the Australian Federal Police (AFP), the Australian
Criminal Intelligence Commission, and State and Territory interception
agencies

Recommendation 6
The Committee recommends that the Bill be amended to provide that Technical
Assistance Notices (TANs) and Technical Capability Notices (TCNs) be
subject to *statutory time limits*, and that any extension, renewal or
variation of a TAN or TCN also be subject to a statutory time limit

Recommendation 7
The Committee recommends that the Bill set out a tiered approval system for
state and territory initiated Technical Assistance Notices (TANs), under
which *TANs would be submitted for approval to the Commissioner of the AFP*
before being issued to the recipient.
The intention of this process of approval would be to ensure consistency in
decision making, and reporting, across jurisdictions.  To give effect to
this intention, the Commissioner of the AFP must apply the same statut ory
criteria, and go through the same decision - making process, as would apply
if the AFP were the original issuing authority

Recommendation 8
The Committee recommends that the Bill be amended to include a requirement
that Technical Capability Notices be *jointly authorised by the Attorney -
General and the Minister for Communications*, the latter being able to
provide a direct avenue for the concerns of the relevant industry to be
considered as part of the approval process

Recommendation 9
The Committee notes the evidence of the Director - General of the
Australian Signals Directorate that a “systemic weakness” is a weakness
that “might actually jeopardi se the information of other people as a
result of that action being taken”. The Committee also notes the evidence
of the Director - General of Security, that the powers in Schedule 1 will
not be used to require a designated communications provider to do anything
that jeopardises the security of the personal information of innocent
Australians. Having regard to those assurances, the Committee recommends
that the Bill be amended to *clarify the meaning of the term ‘systemic
weakness’, and to further clarify that Technical Capability Notices (TCNs)
cannot be used to create a systemic weakness*.

Recommendation 11
The Committee recommends that the Bill be amended to allow a designated
communications provider, who has been given a capability notice under
subsection 317W(1) of the Bill in relation to a proposed Technical
Capability Notice (TCN), to *request a binding assessment*

Recommendation 14
The Committee recommends that the Bill include express provision for a
*statutory
review of the Bill’s operation* by the Independent National Security
Legislation Monitor, within 18 months of the Bill commencing

Recommendation 16
The Committee recommends that, once the Bill (as amended) is passed by the
Parliament, the Committee:

   - commences a review of the new legislation;
   - for the purposes of the review, be allowed to hold further public
   hearings; and
   - *complete its review of the new legislation by 3 April 2019*


On Thu, 6 Dec 2018 at 11:20, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

>
> PJCIS have released a unanimous report
> <http://parlinfo.aph.gov.au/parlInfo/download/committees/reportjnt/024247/toc_pdf/AdvisoryReportontheTelecommunicationsandOtherLegislationAmendment(AssistanceandAccess)Bill2018.pdf;fileType=application%2Fpdf>,
> recommending Bill be passed with their amendments.
>
> On Thu, 6 Dec 2018 at 11:15, Jacob Taylor <me at jacobtaylor.id.au> wrote:
>
>> The current Liberal regime (and I would wager also the near-guaranteed
>> incoming Labor regime) don’t care about such repercussions though.
>>
>> Elections are won in swing seats, and swing seats in this country are
>> blue collar. What resonates with such seats is the perception of “action”,
>> often at the expense of nuance.
>>
>> This whole shambles is roughly equatable to Sydney’s lockout laws -
>> fabricate a moral panic to drum up electoral support for policies that are
>> otherwise indefensible. I believe someone earlier in thread earlier linked
>> to the Wikipedia page for the Four Horsemen of the Infocalypse?
>>
>> Just replace “drunkenness and coward punches” with “terrorists and
>> criminals”.
>>
>> - Jake
>>
>>
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