[AusNOG] Assistance and Access Bill moves to PJCIS

[Robert Hudson]

If I get a chance to talk to the committee, I plan on focusing on the
technical aspect of why the bill cannot work, and what the unintended
consequences will be. As you noted, I plan on simplifying the issue
significantly to get the point across - I will revert to role-play if needs
be.

On Wed, 21 Nov. 2018, 5:18 pm Paul Brooks <pbrooks-ausnog at layer10.com.au
wrote:

> 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
> 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> wrote:
>>
>>>
>>>
>>> On Tue, 20 Nov 2018 at 18:12, Christian Heinrich
>>> <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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>>>
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