[AusNOG] Assistance and Access Bill moves to PJCIS

Fri Nov 16 12:20:30 EST 2018

A new hearing
<http://www.aph.gov.au/sitecore/content/Home/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/TelcoAmendmentBill2018/Public_Hearings>
has been added: *04 Dec 2018*

On Thu, 15 Nov 2018 at 17:35, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

> Consequently, should this Bill pass, first cab off the rank will be
> initial TANs requesting metadata:
>
>
>    - tracking convoys of (possibly illegal) motorcycle enthusiast groups
>    - tracking the weekend night movements of dance enthusiast groups
>
>
> with followup TCNs to automate the process. Unfortunately, once you let
> the geni out of the bottle, and allow for police to track people’s
> movements, and correlate these to social groups and behaviours, there’s no
> telling where it may wind up. It’s certainly a consequence of the
> legislation that would amaze the great majority of Australian citizens if
> the Government were to consider this reasonable or proportionate.
>
> On Thu, 15 Nov 2018 at 17:28, Robert Hudson <hudrob at gmail.com> wrote:
>
>> I do wonder what the logic is behind who they are speaking to as well...
>>
>> On Thu, 15 Nov. 2018, 10:42 am Nathan Brookfield <
>> Nathan.Brookfield at simtronic.com.au wrote:
>>
>>> Could they possibly give less notice.... Unbelievable!
>>>
>>> Nathan Brookfield
>>> Chief Executive Officer
>>>
>>> Simtronic Technologies Pty Ltd
>>> http://www.simtronic.com.au
>>>
>>> On 15 Nov 2018, at 10:40, Paul Wilkins <paulwilkins369 at gmail.com> wrote:
>>>
>>> Media Release: Issue date: 14 November 2018
>>>
>>> *Second public hearing on the Encryption Bill*
>>>
>>> The second public hearing on the Telecommunication and Other Legislation
>>> Amendment (Assistance and Access) Bill 2018 will be held on *Friday, 16
>>> November 2018* in Sydney. The Committee will hear from academics,
>>> statutory oversight agencies, and industry peak bodies.
>>> Details of the public hearing:
>>>
>>> *9:00 am – 3.15pm SMC Conference & Function Centre, 66 Goulburn St,
>>> Sydney (Carrington Room)*
>>>
>>> The hearing will be live streamed (audio only) at www.aph.gov.au/live.
>>>
>>> The full program of the hearing is available at
>>> https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/TelcoAmendmentBill2018/Public_Hearings
>>>
>>> Additional hearings will be held in *Canberra on 27 and 30 November*.
>>> Further information on the inquiry can be obtained from the Committee’s
>>> website.
>>>
>>> On Tue, 13 Nov 2018 at 11:36, Paul Wilkins <paulwilkins369 at gmail.com>
>>> wrote:
>>>
>>>> Communications Alliance submission
>>>> <https://www.aph.gov.au/DocumentStore.ashx?id=789049aa-edfc-48e2-a79c-0dd1c28f95b8&subId=662644> makes
>>>> the point both s313 and s280 (1)(b) of the Telecommunications Act 1997
>>>> are current extensively used to access metadata.
>>>>
>>>> It follows that under the new bill, about a dozen LEAs will similarly
>>>> be able to rely on s313 and s280(1)(b) to get warrantless metadata access.
>>>>
>>>> Kind regards
>>>>
>>>> Paul Wilkins
>>>>
>>>>
>>>> On Sat, 3 Nov 2018 at 13:09, Paul Wilkins <paulwilkins369 at gmail.com>
>>>> wrote:
>>>>
>>>>> Coexistence with Data Retention Regime (Under Telecommunications Act)
>>>>>
>>>>>
>>>>> Passage of this Bill will set the stage for mass surveillance, where
>>>>> carriers are already subject to data retention, but the Minister may
>>>>> further declare any service provider subject to the metadata regime.
>>>>>
>>>>>
>>>>> 187A Service providers must keep certain information and documents
>>>>>
>>>>> (3A) The Minister may, by legislative instrument, declare a service to
>>>>> be a service to which this Part applies.
>>>>>
>>>>>
>>>>> Such declaration has a statutory limitation of 40 sitting days of
>>>>> Parliament, however nothing in the Act prevents such a declaration being
>>>>> rolled over by the Minister, maintaining a metadata regime in perpetuity
>>>>> for any service they should designate. All this would lie within the
>>>>> provisioned scope of the Minister's powers without any further legislation.
>>>>>
>>>>> Access to such metadata does not necessarily require a warrant. Access
>>>>> under the Telecommunications Act can be rendered by the service provider as
>>>>> voluntary assistance.
>>>>>
>>>>> On Thu, 1 Nov 2018 at 11:50, Paul Wilkins <paulwilkins369 at gmail.com>
>>>>> wrote:
>>>>>
>>>>>> Rob,
>>>>>> Check your inbox/spam folder 29/10.
>>>>>>
>>>>>> Kind regards
>>>>>> Paul Wilkins
>>>>>>
>>>>>> On Thu, 1 Nov 2018 at 08:33, Robert Hudson <hudrob at gmail.com> wrote:
>>>>>>
>>>>>>> Odd.  I signed up to track the enquiry, but have had no
>>>>>>> notifications at all that additional hearings had been scheduled.
>>>>>>>
>>>>>>> There's an another additional day according to the committee website
>>>>>>> - 27th November.
>>>>>>>
>>>>>>> Where did you see if information that they're asking for
>>>>>>> supplementary submissions?
>>>>>>>
>>>>>>> On Wed, 31 Oct 2018 at 12:28, Paul Wilkins <paulwilkins369 at gmail.com>
>>>>>>> wrote:
>>>>>>>
>>>>>>>> *UN's Special Rapporteur on the right to privacy* has weighed in
>>>>>>>> on the PJCIS review with incandescent criticism:
>>>>>>>>
>>>>>>>>
>>>>>>>> https://www.aph.gov.au/DocumentStore.ashx?id=8012483f-e421-41a7-8bd4-1e8eb5eb39eb&subId=661745
>>>>>>>>
>>>>>>>> In my considered view, the Assistance and Access Bill is an example
>>>>>>>> of a poorly conceived national security measure that is equally as likely
>>>>>>>> to endanger security as not; it is technologically questionnable if it can
>>>>>>>> achieve its aims and avoid introducing vulnerabilities to the cybersecurity
>>>>>>>> of all devices irrespective of whether they are mobiles, tablets, watches,
>>>>>>>> cars, etc., and it unduly undermines human rights including the right to
>>>>>>>> privacy. It is out of step with international rulings raising the related
>>>>>>>> issue of how the Australian Government would enforce this law on
>>>>>>>> transnational technology companies.
>>>>>>>>
>>>>>>>> I can't but think that if the Minister for Home Affairs to be
>>>>>>>> doing  well to attract the ire of the United Nations and his timing
>>>>>>>> couldn't be better, just as the Government has lost control of the House.
>>>>>>>> I'm hopeful the Australian media will pick up on the interest of the UN in
>>>>>>>> the Bill, fingers crossed.
>>>>>>>>
>>>>>>>> Furthermore, the PJCIS, after announcing two additional hearings
>>>>>>>> 16/30 Nov, are also asking for *supplementary submissions, to be
>>>>>>>> received no later than 26 November.*
>>>>>>>>
>>>>>>>> Kind regards
>>>>>>>> Paul Wilkins
>>>>>>>>
>>>>>>>> On Fri, 26 Oct 2018 at 13:07, Paul Wilkins <
>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>
>>>>>>>>> We're at a critical juncture where the Minister for Home Affairs
>>>>>>>>> may get his way and steam roll this Bill through Parliament (how this could
>>>>>>>>> play out in both Houses would be interesting, as they'll need either Labor
>>>>>>>>> or one of the independents in the Lower House). Or the Bill gets
>>>>>>>>> substantially modified or sent back to the Dep't Home Affairs to start over.
>>>>>>>>>
>>>>>>>>> What's of deep concern is that the Minister represents to the
>>>>>>>>> House consultation has been extensive, and that modifications of the Bill
>>>>>>>>> represent a consensus view. Yet industry has been vocal in opposition to
>>>>>>>>> the Bill, and have criticised the level of consultation and the
>>>>>>>>> Government's preparedness to receive advice:
>>>>>>>>>
>>>>>>>>> While DIGI appreciates the challenges facing law enforcement, we
>>>>>>>>> continue to have concerns with the Bill, which, contrary to its stated
>>>>>>>>> objective, we believe may undermine public safety by making it easier for
>>>>>>>>> bad actors to commit crimes against individuals, organisations or
>>>>>>>>> communities. We also remain concerned at the lack of independent oversight
>>>>>>>>> of Notices and the absence of checks and balances with this legislation,
>>>>>>>>> which we discuss in more detail in this submission.
>>>>>>>>> Submission to PJCIS - DIGI (includes Google, Amazon,
>>>>>>>>> Facebook...)(78)
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> We urge the government to seriously consider the comments
>>>>>>>>> submitted by industry and civil society and consider changes that would
>>>>>>>>> protect the security and privacy of Apple’s users and all Australians.
>>>>>>>>> Submission to PJCIS - Apple (53)
>>>>>>>>>
>>>>>>>>> Given the complexity of the Bill, the sensitivity of the subject
>>>>>>>>> matter, and the  limited consultation period, the summary above is not an
>>>>>>>>> exhaustive list of BSA's concerns and recommendations in respect of the
>>>>>>>>> Bill. There are other aspects of the Bill that require further
>>>>>>>>> consideration in order to find the right balance between the legitimate
>>>>>>>>> rights, needs, and responsibilities of the Australian Government, citizens,
>>>>>>>>> providers of critical infrastructure, third party stewards of data, and
>>>>>>>>> innovators.
>>>>>>>>>
>>>>>>>>> As such, we respectfully encourage the Australian Government to
>>>>>>>>> engage in further dialogue with industry to consider the broader issues at
>>>>>>>>> play and the implications (and possible unintended consequences of the
>>>>>>>>> Bill).
>>>>>>>>> Submission to PJCIS - BSA (Cisco, IBM et al.)(48)
>>>>>>>>>
>>>>>>>>> On Thu, 25 Oct 2018 at 16:48, Paul Wilkins <
>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>
>>>>>>>>>> I'm determined the Minister for Home Affairs doesn't get to drop
>>>>>>>>>> a deeply flawed Bill on a supine and compliant Parliament, and have taken
>>>>>>>>>> measures, to whit, written 22 MPs in positions where they can influence
>>>>>>>>>> policy, and provided links to submissions which point out the Bill as
>>>>>>>>>> proposed is neither proportionate nor necessary:
>>>>>>>>>>
>>>>>>>>>> Law Council of Australia:
>>>>>>>>>> https://www.aph.gov.au/DocumentStore.ashx?id=859d9cda-0f99-4bef-994f-edc6006c87bf&subId=661321
>>>>>>>>>>
>>>>>>>>>> Joint Councils for Civil Liberties:
>>>>>>>>>> https://www.aph.gov.au/DocumentStore.ashx?id=6a26c1ce-15f3-4229-9b45-dd4ad7cfb8f2&subId=661197
>>>>>>>>>>
>>>>>>>>>> Australian Human Rights Commission:
>>>>>>>>>> https://www.aph.gov.au/DocumentStore.ashx?id=a7b9ff25-7c09-41e9-b97a-56dae1ac0e94&subId=661055
>>>>>>>>>>
>>>>>>>>>> PJCHR,starts @ p24:
>>>>>>>>>> https://www.aph.gov.au/~/media/Committees/Senate/committee/humanrights_ctte/reports/2018/Report%2011/c01.pdf?la=en
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>> Kind regards
>>>>>>>>>>
>>>>>>>>>> Paul Wilkins
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>> On Thu, 25 Oct 2018 at 16:20, Paul Wilkins <
>>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>>
>>>>>>>>>>> *New PJCIS Public Hearings*
>>>>>>>>>>>
>>>>>>>>>>> *16 Nov 2018:* Sydney, NSW
>>>>>>>>>>> *30 Nov 2018:* Canberra, ACT
>>>>>>>>>>>
>>>>>>>>>>>
>>>>>>>>>>> https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/TelcoAmendmentBill2018
>>>>>>>>>>>
>>>>>>>>>>> On Thu, 25 Oct 2018 at 13:23, Paul Wilkins <
>>>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>>>
>>>>>>>>>>>> Has anyone yet had the opportunity to think through the use of
>>>>>>>>>>>> force provisions? Does use of force extend beyond physical forced entry, to
>>>>>>>>>>>> say, hacking?
>>>>>>>>>>>>
>>>>>>>>>>>> Kind regards
>>>>>>>>>>>> Paul Wilkins
>>>>>>>>>>>>
>>>>>>>>>>>> On Wed, 24 Oct 2018 at 18:03, Paul Wilkins <
>>>>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>>>>
>>>>>>>>>>>>> Compare:
>>>>>>>>>>>>>
>>>>>>>>>>>>> CHAIR: So the big companies like Facebook, Amazon, Twitter,
>>>>>>>>>>>>> over-the-top  messaging services like Signal and WhatsApp?
>>>>>>>>>>>>> Mr Hansford: A range of different industry companies.
>>>>>>>>>>>>> CHAIR: *A good percentage of those?*
>>>>>>>>>>>>> Mr Hansford: *A reasonable percentage, I'd say.*
>>>>>>>>>>>>> (Public) FRIDAY, 19 OCTOBER 2018
>>>>>>>>>>>>>
>>>>>>>>>>>>> "The government has consulted *extensively* with industry and
>>>>>>>>>>>>> the public on these measuresand has made amendments to reflect the feedback
>>>>>>>>>>>>> in the legislation now before the parliament."
>>>>>>>>>>>>> Minister for Home Affairs - Speech to Parliament 20 Sept 2018
>>>>>>>>>>>>>
>>>>>>>>>>>>> On Wed, 24 Oct 2018 at 16:01, Paul Wilkins <
>>>>>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>>>>>
>>>>>>>>>>>>>> DIGI's submission (Amazon, Facebook, Google, Oath, and
>>>>>>>>>>>>>> Twitter) has just appeared:
>>>>>>>>>>>>>>
>>>>>>>>>>>>>>
>>>>>>>>>>>>>> https://www.aph.gov.au/DocumentStore.ashx?id=d48c3c35-221d-4544-a7d7-109a82c72dc1&subId=661549
>>>>>>>>>>>>>>
>>>>>>>>>>>>>> On August 14, 2018, the Government released for Public
>>>>>>>>>>>>>> Exposure a draft of the Telecommunications and Other Legislation Amendment
>>>>>>>>>>>>>> (Assistance and Access) Bill 2018 (the “Bill”) together with an Exposure
>>>>>>>>>>>>>> Document, to which DIGI made a submission (attached). A revised Bill was
>>>>>>>>>>>>>> introduced to Parliament ten days following the close of submissions, with
>>>>>>>>>>>>>> only minor amendments that fail to address its potential impacts on public
>>>>>>>>>>>>>> safety, cybersecurity, privacy and human rights, raising concern among
>>>>>>>>>>>>>> industry, consumer and civil society groups.
>>>>>>>>>>>>>>
>>>>>>>>>>>>>> On Wed, 24 Oct 2018 at 11:30, Paul Wilkins <
>>>>>>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> The PJCHR express extensive concerns with the bill.
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> https://www.aph.gov.au/~/media/Committees/Senate/committee/humanrights_ctte/reports/2018/Report%2011/c01.pdf?la=en
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> The following demonstrates a posture where they will likely
>>>>>>>>>>>>>>> oppose the bill without further safeguards:
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> 1.109 Another relevant factor in assessing whether a measure
>>>>>>>>>>>>>>> is proportionate is whether there is the possibility of oversight and the
>>>>>>>>>>>>>>> availability of review. The power to give a technical assistance notice or
>>>>>>>>>>>>>>> request, or technical  capability notice, is not exercised by a judge, nor
>>>>>>>>>>>>>>> does a judge supervise its application.  Section 317ZFA provides a
>>>>>>>>>>>>>>> discretionary power to a court, in relation to proceedings  before it, to
>>>>>>>>>>>>>>> make such orders as the court considers appropriate in relation to the
>>>>>>>>>>>>>>> disclosure, protection, storage, handling or destruction of technical
>>>>>>>>>>>>>>> assistance information, if the court is satisfied that it is in the public
>>>>>>>>>>>>>>> interest. The bill does  not otherwise provide for court involvement in the
>>>>>>>>>>>>>>> process of giving a technical assistance notice or request, or technical
>>>>>>>>>>>>>>> capability notice. The bill additionally  seeks to amend the Administrative
>>>>>>>>>>>>>>> Decisions (Judicial Review) Act 1977 (ADJR Act) to exclude decisions under
>>>>>>>>>>>>>>> Part 15 of the Telecommunications Act (which would  include a decision to
>>>>>>>>>>>>>>> issue a technical assistance notice or request, or technical  capability
>>>>>>>>>>>>>>> notice) from judicial review under the ADJR Act. 47 In these circumstances,
>>>>>>>>>>>>>>> further information from the minister as the adequacy of the safeguards in
>>>>>>>>>>>>>>> terms of oversight and review would assist in determining the
>>>>>>>>>>>>>>> proportionality of the measures.
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> Kind regards
>>>>>>>>>>>>>>> Paul Wilkins
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> On Tue, 23 Oct 2018 at 15:12, Paul Wilkins <
>>>>>>>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>> 21 October AEC had received 6890 postal votes out of 12,788
>>>>>>>>>>>>>>>> issued. Today, received postal votes is 7,789. Sharma is trailing by 1,552.
>>>>>>>>>>>>>>>> So I'm calling it a Phelps' win and we will have minority government.
>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>> Phelps will win by at least 500 votes so no recount.
>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>> Kind regards
>>>>>>>>>>>>>>>> Paul Wilkins
>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>> On Mon, 22 Oct 2018 at 18:19, Paul Wilkins <
>>>>>>>>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>> Transcript of public hearing 19th October:
>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>> https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22committees%2Fcommjnt%2F2a1771c8-f314-43f2-b9b0-cd09ad8123ae%2F0000%22
>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>> On Mon, 22 Oct 2018 at 16:46, Christian Heinrich <
>>>>>>>>>>>>>>>>> christian.heinrich at cmlh.id.au> wrote:
>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>> Paul,
>>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>> On Mon, Oct 22, 2018 at 2:12 PM Paul Wilkins <
>>>>>>>>>>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>>>>>>>>>> > Except that where subject to an order under 317j to
>>>>>>>>>>>>>>>>>> conceal the existence of a TCN/TAN forms part of the terms.
>>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>> For PCI-DSS Requirement 4 Telstra [as an example I don't
>>>>>>>>>>>>>>>>>> recommend]
>>>>>>>>>>>>>>>>>> have mandated that their customer is responsible for both
>>>>>>>>>>>>>>>>>> the
>>>>>>>>>>>>>>>>>> infrastructure and software [as a service] within
>>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>> https://www.telstra.com.au/content/dam/tcom/personal/consumer-advice/pdf/business-a-full/cloud-h.pdf
>>>>>>>>>>>>>>>>>> and are therefore unable to assist with the
>>>>>>>>>>>>>>>>>> implementation of the
>>>>>>>>>>>>>>>>>> TCN/TAN.
>>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>> --
>>>>>>>>>>>>>>>>>> Regards,
>>>>>>>>>>>>>>>>>> Christian Heinrich
>>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>> http://cmlh.id.au/contact
>>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>> _______________________________________________
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>>>>>>>> AusNOG at lists.ausnog.net
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>>>>>>>>
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