[AusNOG] Assistance and Access Bill moves to PJCIS

Thu Nov 22 10:43:18 EST 2018

*"no thinking person" - *That's the problem, it's not going to thinking
people, it's going to our government...
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*Bradley Silverman*Technical Operations \\ VentraIP Australia
*M: *+61 418 641 103 | *P:* +61 3 9013 8464 | ventraip.com.au

On Thu, Nov 22, 2018 at 10:17 AM Paul Wilkins <paulwilkins369 at gmail.com>
wrote:

> I can't agree that whether the Bill passes at this stage comes down to
> simple numbers along party lines.
>
> 1 - The Bill is simply too far reaching in consequences for parliament to
> wave it through. With power comes responsibility. The Bill is attracting
> huge condemnation internationally, and those supporting the Bill risk
> looking like chumps. It's a bit like global warming, no one who knows what
> they're talking about thinks this is a good idea.
>
> 2 - The Department for Home Affairs put this Bill together, and Dutton
> arrived at the tail end of the process. Although he might like to distance
> himself from the legislation, the buck ultimately stops with him as he
> introduced and commended the Bill to the House.
>
> 3 - The Bill is more Trumpist than Liberal. Even if it's bad law and bad
> for Liberal Democracy, it's good politics for the Liberal Trumpists.
>
> 4 - If Labor knocks it back in the Lower House, I can't see it getting
> through without some sort of deal being struck with one of the cross
> benchers. Because no thinking person sees this Bill as a good move, there
> will be no Lower House deal without a serious quid pro quo. Then there
> would need to be another deal in the Upper House, with differently aligned
> cross benchers.
>
> Kind regards
>
> Paul Wilkins
>
>
> On Wed, 21 Nov 2018 at 22:44, Bryan O'Reilly <
> bryan at telcoindependent.com.au> wrote:
>
>> 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
>>
>> 0419 632 098
>>
>> 30+ years experience to provide YOUR business with independent advice.
>>
>>
>>
>> FaceBook; https://www.facebook.com/TelcoIndependent/
>>
>> LinkedIN; https://www.linkedin.com/in/bryanoreilly/
>>
>>
>>
>> [image: rsz_rsz_1rsz_screen_shot_2016-11-03_at_33423_pm]
>>
>>
>>
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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
>> 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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