[AusNOG] Assistance and Access Bill moves to PJCIS
Serge Malev
smalev at hotmail.com
Tue Nov 27 13:19:19 EST 2018
https://www.computerworld.com.au/article/650034/compromise-could-see-quick-passage-for-parts-of-encryption-bill/
...
report could hypothetically support conferring the powers outlined in the bill on agencies conducting counter-terrorism operations, such as ASIO, while other agencies, such as a number of anti-corruption bodies, would not receive new powers.
Dreyfus raised as an option “interim processing of part of the bill in order that the government’s stated purpose of urgency can be served while the committee continues to consider the remainder of the bill and tries to deal with the multitude of concerns that have been expressed”.
[https://d321cxw853vaeo.cloudfront.net/article/images/800x800/dimg/security____yellow_4.jpg]<https://www.computerworld.com.au/article/650034/compromise-could-see-quick-passage-for-parts-of-encryption-bill/>
Compromise could see quick passage for parts of encryption bill - Computerworld<https://www.computerworld.com.au/article/650034/compromise-could-see-quick-passage-for-parts-of-encryption-bill/>
The government has continued to increase pressure on the Parliamentary Joint Committee on Intelligence and Security (PJCIS) to hand down a quick verdict on the bill, which is intended to undermine the use of encryption by criminal groups.
www.computerworld.com.au
________________________________
From: AusNOG <ausnog-bounces at lists.ausnog.net> on behalf of Paul Wilkins <paulwilkins369 at gmail.com>
Sent: Tuesday, November 27, 2018 12:49 PM
To: AusNOG at lists.ausnog.net
Subject: Re: [AusNOG] Assistance and Access Bill moves to PJCIS
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<mailto: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>
> <mailto: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> <mailto: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<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.aph.gov.au%2FDocumentStore.ashx%3Fid%3Da46f0ed4-fc0d-4e95-bbd3-ef8fafe419ab%26subId%3D663130&data=02%7C01%7C%7C5088353822c44107106108d6540aaa92%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636788802123101945&sdata=uypPyRR0bgQ8gOcA7eI5U9cSKmUN61surcgpQFTklHY%3D&reserved=0>
>
>
> Kind regards
>
> Paul Wilkins
>
> On Sun, 25 Nov 2018 at 13:56, Paul Wilkins
> <paulwilkins369 at gmail.com<mailto:paulwilkins369 at gmail.com> <mailto: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> <mailto: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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--
Michelle Sullivan
http://www.mhix.org/<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.mhix.org%2F&data=02%7C01%7C%7C5088353822c44107106108d6540aaa92%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636788802123101945&sdata=9kOebH4dkP5BiBAIoVFbcAyb0t%2Bhz69mxHQXJ3ABn9k%3D&reserved=0>
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