[AusNOG] Assistance and Access Bill moves to PJCIS

[Paul Wilkins]

I'm of the opinion it's been a very great opportunity missed, that the
Second Reading of the Bill had not been drafted along the lines of the 173
+ 5 amendments.

Home Affairs had every opportunity to onboard the concerns of the public,
industry, and civil rights bodies prior to the Bill's Second Reading and
the Minister for Home Affairs commending the Bill to Parliament.

If we had been discussing the Bill along such lines several months ago,
there would firstly have been greater public and industry confidence in the
consultation process, but more importantly, we could have had a nuanced and
constructive debate of the Bill's provisions, rather than what's been a
rather ugly object lesson in playing cynical politics which has damaged the
reputation of Australia's ICT industry.

Kind regards

Paul Wilkins

On Wed, 12 Dec 2018 at 12:02, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

> Matt, (IINAL)
> But it appears on my reading that both 317ZG and more specifically the new
> 317ZGA would arguably prohibit this.
>
> The (pending?) amendments are worth a read. Stronger terms on 317ZG and
> importantly - *requirement for judicial approval of TCNs*.
>
> 317P (5)(2)(d) the designated communications provider has, if reasonably
> practicable, been consulted and given a reasonable opportunity to make
> submissions on whether the requirements to be imposed by the notice are
> reasonable and proportionate and whether compliance with the notice is
> practicable and technically feasible.
>
>
> On Wed, 12 Dec 2018 at 11:30, Matt Perkins <matt at spectrum.com.au> wrote:
>
>> It strikes me that all that will be needed is the phone manufacturers to
>> put a screen capture and remote access ability on the phones. Then Law
>> enforcement need to do is read the screens no need to involve the
>> individual app makers at all.  They are after a wide and non savvy audience
>> here. Looking over the shoulder of phone users is what we are talking
>> about. I would say expect to see a boost in convictions of medium size drug
>> distributors  and  small amateur terror type people.
>>
>> These are the same people that used sms before they just want that
>> capability back.
>>
>> Matt
>>
>>
>>
>> --
>> /* Matt Perkins
>>        Direct 1300 137 379     Spectrum Networks Ptd. Ltd.
>>        Office 1300 133 299     matt at spectrum.com.au
>>        Fax    1300 133 255     Level 6, 350 George Street Sydney 2000
>>       SIP 1300137379 at sip.spectrum.com.au
>>        Google Talk MattAPerkins at gmail.com
>>        PGP/GNUPG Public Key can be found at  http://pgp.mit.edu
>> */
>>
>> > On 12 Dec 2018, at 8:27 am, Paul Brooks <pbrooks-ausnog at layer10.com.au>
>> wrote:
>> >
>> >> On 12/12/2018 3:54 am, Scott Weeks wrote:
>> >>
>> >> -----------------
>> >> The Bill was passed on Thursday
>> >> -----------------
>> >>
>> >>
>> >> Damn, I'm gonna need a bigger bag of popcorn!
>> >> Waaaay bigger.  I can't wait to see how this
>> >> plays out.
>> >
>> > We'll probably never know how this plays out, unless one of the major
>> global brands
>> > pulls out of the Australian market.
>> >
>> > Tech companies doing development in Aust will put in independent code
>> reviews by an
>> > offshore team to protect against onshore employees, or will quietly
>> close Australian
>> > development shops over years.  Some tech companies will move overseas -
>> gradually,
>> > over months and years.    Net result - lower demand for Australian IT
>> staff, lower
>> > export figures in the DFAT stats over years.
>> >
>> > Many 'component manufacturers or suppliers' will blithely carry on,
>> unaware this might
>> > apply to them at all until they receive a notice
>> >
>> > A massive data breach in 3 years time may not be traced back to a
>> system change caused
>> > as a result of a notice, or if an investigation does uncover the root
>> cause, is likely
>> > to be quietly hushed up.
>> >
>> > It'll take a massive ASIC-website-blocking-like event own-goal to
>> generate demand for
>> > popcorn. That or a majority of politicians starting to listen to
>> experts rather than
>> > agencies and repealing it, and there's precious few Andrew Wilkies
>> around at the
>> > moment so that's even less likely.
>> >
>> > P.
>> >
>> >
>> >
>> >
>> >
>> >>
>> >> scott
>> >>
>> >>
>> >>
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>> >>>
>> >>>
>> >>>
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>> >>
>> >>
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>> >
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