[AusNOG] Assistance and Access Bill moves to PJCIS

Wed Nov 21 22:43:36 EST 2018

Hi Paul,

I’m looking forward to your Lunchtime Lecture next week on this topic!

Kind regards,

Bryan O'Reilly
Founder - Telco Independent Consulting
www.telcoindependent.com.au <http://www.telcoindependent.com.au/> 

0419 632 098

30+ years experience to provide YOUR business with independent advice.

FaceBook; https://www.facebook.com/TelcoIndependent/

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From: AusNOG <ausnog-bounces at lists.ausnog.net> On Behalf Of Paul Brooks
Sent: Wednesday, 21 November 2018 5:18 PM
To: ausnog at lists.ausnog.net
Subject: Re: [AusNOG] Assistance and Access Bill moves to PJCIS

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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