[AusNOG] Assistance and Access Bill moves to PJCIS

[Paul Wilkins]

As they say, a week is a long time in politics.

PJCIS is holding a Top Secret briefing with ASIO as to whether they need to
expedite the Bill, but in context, it's not like rising use of encryption
is news to anyone. The sudden urgency to pass the Bill at this late stage
has every appearance of interference with PJCIS doing its job.

With Julia Banks' announcement she will move to the crossbenches, I will
take plenty of 6 to 4 against Dutton (MP?) getting his way and passing the
Assistance and Access Bill before Christmas.

Kind regards

Paul Wilkins


On Tue, 27 Nov 2018 at 09:52, Michelle Sullivan <michelle at sorbs.net> wrote:

> Paul Wilkins wrote:
> > If Dutton is in fact ineligible to sit, then so too is his motion to
> > introduce the Bill to Parliament. Or such is the stuff of dreams?
>
> You are correct, if he is ineligible .. and *if he was at the time of
> the introduction* then it should be challenged as not validly
> introduced.. this will not be automatic though.
>
> Michelle
> >
> > Kind regards
> >
> > Paul Wilkins
> >
> > On Tue, 27 Nov 2018 at 09:39, Paul Wilkins <paulwilkins369 at gmail.com
> > <mailto:paulwilkins369 at gmail.com>> wrote:
> >
> >     Seems Dutton is about to get a lesson in constitutional law:
> >
> >     S44 (iv)  holds any office of profit under the Crown, or any
> >     pension payable during the pleasure of the Crown out of any of the
> >     revenues of the Commonwealth; or
> >
> >     shall be incapable of being chosen or of sitting as a senator or a
> >     member of the House of Representatives.
> >
> >     Kind regards
> >
> >
> >     Paul Wilkins
> >
> >     On Mon, 26 Nov 2018 at 10:34, Paul Wilkins
> >     <paulwilkins369 at gmail.com <mailto:paulwilkins369 at gmail.com>> wrote:
> >
> >
> >         After the Department Home Affairs sitting on this Bill for
> >         over a year and conducting industry consultation they claim is
> >         confidential (ie: they have no one who'll go on record
> >         supporting the Bill) suddenly it's a priority, and the
> >         Minister for Home Affairs writes a wheedling letter to PJCIS
> >         to pass the Bill before Christmas.
> >
> >         The lack of public and industry consultation, the vague and
> >         poor drafting, and then a sudden push to pass the Bill in a
> >         couple of weeks, rather suggest a deliberate strategy to pass
> >         a Bill that's out of all proportion to the need to combat
> >         terrorism and serious crime in the context of rising use of
> >         encryption.
> >
> >         Rising use of encryption is hardly news to anyone. After all,
> >         a rising tide lifts all boats.
> >
> >
> >
> https://www.aph.gov.au/DocumentStore.ashx?id=a46f0ed4-fc0d-4e95-bbd3-ef8fafe419ab&subId=663130
> >
> >
> >         Kind regards
> >
> >         Paul Wilkins
> >
> >         On Sun, 25 Nov 2018 at 13:56, Paul Wilkins
> >         <paulwilkins369 at gmail.com <mailto:paulwilkins369 at gmail.com>>
> >         wrote:
> >
> >             /"In practice, if they balls-up the change request given
> >             to the device manufacturer or app/website developer,
> >             anything could happen."/
> >
> >             Then you recall the obligation under the
> >             Telecommunications Act 1997 for carriers to "do their best
> >             to  protect networks and facilities". No such obligation
> >             attaches to the Crown under the powers of the  Assistance
> >             and Access Bill 2018.
> >
> >             So, even if in the cases of misfeasance, non feasance, or
> >             malfeasance on the part of the Crown or its  agents in the
> >             implementation of TCNs/TANs/TARs, and their impact on
> >             carriers businesses, liability rests, not with the Crown
> >             as you might ingenuously assume, but with the carrier who
> >             unwittingly acted as directed.
> >
> >             Kind regards
> >
> >             Paul Wilkins
> >
> >             On Sun, 25 Nov 2018 at 06:38, Scott Weeks
> >             <surfer at mauigateway.com <mailto:surfer at mauigateway.com>>
> >             wrote:
> >
> >
> >
> >                 -----------------------
> >                 ...the drafting certainly seems loose enough for a future
> >                 government to establishthe machinery of a police state.
> >                 -----------------------
> >
> >                 I'm seeing this in *NOG lists and elsewhere all over the
> >                 world.  It's going to be an interesting next buncha
> years!
> >
> >                 scott
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
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> >
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> >
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> >
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> >
> >
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>
> --
> Michelle Sullivan
> http://www.mhix.org/
>
>
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