[AusNOG] Assistance and Access Bill moves to PJCIS

[Paul Brooks]

Thanks Rob.
In the latest, Dutton wants to speed up the Bill and have it passed "next week", and
has apparently asked the PJCIS to cut short its evaluation, according to reporting of
an interview on Sky News.

Dutton tries to speed up encryption bill
<https://www.itnews.com.au/news/dutton-tries-to-speed-up-encryption-bill-515862>

(Point of clarification - that bit about smart and dumb criminals was while trying to
explain the difference between a system having a capability that can be used by the
operator to implement a "act or thing", and an operator actually using that capability
in a particular instance against a particular target - and that the existence of the
capability isn't and shouldn't be secret, even if the actual use in response to a
warrant was still kept a secret.  That distinction has been difficult for the
committee to understand without a simple illustration.)


Paul.


On 21/11/2018 2:00 PM, Robert Hudson wrote:
> (Not necessarily a direct response to Paul's email, just additional data for the
> thread).
>
> Traditional media are starting to pick this up, and they're just parroting the govt
> position. Macquarie Radio news at 8am ran a story on it this morning, and it was all
> about Dutton saying he wants the legislation passed quickly so they can catch more
> terrorists.
>
> Other than the point well made by Paul Brooks that the only criminals who will be
> caught by this are the dumb ones (there was a link made between this proposed
> legislation and three potential terrorists were were arrested - without this
> legislation in place), and the smarter criminals (ie those capable of tieing their
> own shoe laces) will simply use software that is not subject to the legislation,
> there is an extension - to break the encryption WILL involve creating
> vulnerabilities (there's simply no way around this), and those vulnerabilities will
> then be available for criminals (the bar may be higher than shoelaces, maybe they
> can button their own shirts as well) to exploit and compromise data that is
> legitimately encrypted.
>
> In summary - there is no upside to this proposed legislation as far as encryption
> goes, and there is a significant potential downside.
>
> It cannot be allowed to pass.
>
> On Wed, 21 Nov. 2018, 12:09 pm Paul Wilkins <paulwilkins369 at gmail.com
> <mailto:paulwilkins369 at gmail.com> wrote:
>
>     I'm wondering when the other shoe will drop that the Bill enables mass
>     collection and analysis of metadata without any further legislation needed. Or
>     the implications that metadata from multiple sources (phone towers/CCTV/Social
>     Media), lays the foundations for the establishment of the machinery of a police
>     state. Of course, this will make prosecution of crime straightforward (the
>     police will only need to correlate crime against a database of the public's
>     electronic fingerprints). However, such powerful machinery can be used for
>     oppressive purposes, and the Bill is absent the checks and balances consistent
>     with the traditions and institutions of Liberal Democracy.
>      
>     If one were cynical you might think the Bill's outrageous overreach is
>     deliberate, a Trumpist ploy to enrage the unthinking. And when we see critics of
>     the Bill slandered for being weak on terrorism, maybe not so wide of the mark or
>     so cynical.
>
>     Kind regards
>
>     Paul Wilkins
>
>
>     On Wed, 21 Nov 2018 at 04:15, Scott Weeks <surfer at mauigateway.com
>     <mailto:surfer at mauigateway.com>> wrote:
>
>
>
>         On Tue, 20 Nov 2018 at 18:12, Christian Heinrich
>         <christian.heinrich at cmlh.id.au <mailto:christian.heinrich at cmlh.id.au>> wrote:
>         >
>         https://www.news.com.au/national/victoria/news/victoria-police-arrest-three-people-allegedly-planning-a-terror-attack-in-melbourne/news-story/e6a92273b37dce750937e1e0f86a7dcd
>         > has quoted Mr Dutton on WhatsApp again but from my reading WhatsApp
>         > was not used in this specific case?
>
>         This has now been alleged within
>         https://www.news.com.au/technology/gadgets/mobile-phones/unacceptable-risk-the-secret-way-terrorists-and-criminals-are-communicating/news-story/731ca32e7432601d6b3ce5ca4f34bf80
>         -----------------------------------------------------
>
>
>         These stories read like gov't scare tactics.  Scare people
>         enough and they'll 'give up liberty for a little safety'.
>         They do not read like objective journalism.'
>
>         How did they catch everyone without eliminating privacy
>         anyway?  Good ol' police work?
>
>         scott
>
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