[AusNOG] Assistance and Access Bill moves to PJCIS

Roy Adams roy at racs.com.au
Wed Nov 28 03:15:12 EST 2018


Just stumbled on this in RSS

https://www.zdnet.com/article/everyone-will-use-encryption-australia-should-get-over-it-un-special-rapporteur/


Kindly,

ROY ADAMS* | *P 07 3040 5010  | Web: http://www.racs.com.au/ | Wiki:
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<roy at racs.com.au>
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On Tue, 27 Nov 2018 at 12:20, Serge Malev <smalev at hotmail.com> wrote:

>
> 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://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>
> 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
> <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>>
> >         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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>
> --
> Michelle Sullivan
> http://www.mhix.org/
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