[AusNOG] Assistance and Access Bill moves to PJCIS

Mon Oct 22 12:04:54 EST 2018

This specific example highlights the need for clarity regarding the vague
protection of 317G and the meaning of "Systemic Weakness".

Given the IAB's position that any legal intercept capability creates a
structural weakness of the internet, presumably one could then argue that
317G offers immunity against all TCN/TAN requests.

Kind regards

Paul Wilkins

On Mon, 22 Oct 2018 at 11:30, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

> Question: Is it possible to pass a PCI audit, while potentially bound to
> silence regarding:
>
>    - source integrity
>    - secret functionality
>    - undisclosed 3rd party end points
>
>
> I suppose auditors can qualify any report that mandated TCNs/TANs are
> excepted, but are you then "PCI Compliant"?
>
>
> Kind regards
>
> Paul Wilkins
>
> On Sun, 21 Oct 2018 at 13:03, Paul Wilkins <paulwilkins369 at gmail.com>
> wrote:
>
>> Oh, well almost elevated to Federal Parliament.
>>
>> On Sun, 21 Oct 2018 at 12:55, Paul Wilkins <paulwilkins369 at gmail.com>
>> wrote:
>>
>>> The turnup on Saturday with the elevation of Kerryn Phelps to Federal
>>> Parliament  means a very different playing field for Dutton. It's one thing
>>> to ask Labor to pass a Bill in the Senate whose function is (supposedly) a
>>> House of Review. Now Dutton has to get the Bill through not 1 but 2 houses,
>>> and more importantly, the Lower House effectively authors Bills. Labor is
>>> less likely to support the Bill in the Lower House.
>>>
>>> Phelps said prior to the election the purpose of independents is to
>>> "hold the government to account, not to ransom", so we'll have to wait and
>>> see. Her stated priorities are environment and refugees, so obviously won't
>>> want to scrape off the shiny new mint of political capital on Law and Order
>>> issues, but she's been a strong human rights advocate, and the Bill raises
>>> serious human rights issues.
>>>
>>> Kind regards
>>>
>>> Paul Wilkins
>>>
>>>
>>> On Fri, 19 Oct 2018 at 15:28, Paul Wilkins <paulwilkins369 at gmail.com>
>>> wrote:
>>>
>>>> If you're concerned by the Bill's overreach, where it allows for
>>>> arbitrary and disproportionate interference in privacy, write the
>>>> Parliamentary Joint Committee on Human Rights: human.rights at aph.gov.au
>>>>
>>>> Kind regards
>>>> Paul Wilkins
>>>>
>>>> On Fri, 19 Oct 2018 at 11:31, Paul Wilkins <paulwilkins369 at gmail.com>
>>>> wrote:
>>>>
>>>>> Appeared this morning. Runs to 60pp vs 20pp for the Home Affairs
>>>>> submission.
>>>>>
>>>>>
>>>>> https://www.aph.gov.au/DocumentStore.ashx?id=859d9cda-0f99-4bef-994f-edc6006c87bf&subId=661321
>>>>>
>>>>> On Wed, 17 Oct 2018 at 11:55, Paul Wilkins <paulwilkins369 at gmail.com>
>>>>> wrote:
>>>>>
>>>>>> I'd also venture the roll call for Friday is in no small degree
>>>>>> window dressing for Saturday's Wentworth turnout. I did forward my letter
>>>>>> to PJCIS onto Kerryn Phelps.
>>>>>>
>>>>>> Kind regards
>>>>>>
>>>>>> Paul Wilkins
>>>>>>
>>>>>> On Wed, 17 Oct 2018 at 11:48, Paul Wilkins <paulwilkins369 at gmail.com>
>>>>>> wrote:
>>>>>>
>>>>>>> The Committee is currently accepting submissions to this review.
>>>>>>> Submissions should be provided no later than *12pm, Friday, 12
>>>>>>> October 2018.* An initial Public Hearing is expected to be held on
>>>>>>> Friday, 19 October 2018.  *Further Public Hearings will be
>>>>>>> scheduled for late October or early November 2018.*
>>>>>>>
>>>>>>>
>>>>>>> *https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/TelcoAmendmentBill2018
>>>>>>> <https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/TelcoAmendmentBill2018>*
>>>>>>>
>>>>>>> On Wed, 17 Oct 2018 at 11:44, Paul Wilkins <paulwilkins369 at gmail.com>
>>>>>>> wrote:
>>>>>>>
>>>>>>>> Optus (Singtel)'s submission was soft touch, saying they'll impose
>>>>>>>> whatever's required by government dictate. Pretty much to be expected given
>>>>>>>> their parent company is Singapore based. As Rob points out, most making
>>>>>>>> submissions won't be heard from. I'd go so far as to say this is by design.
>>>>>>>> Some very critical views are not to be heard from.
>>>>>>>>
>>>>>>>> Kind regards
>>>>>>>>
>>>>>>>> Paul Wilkins
>>>>>>>>
>>>>>>>> On Tue, 16 Oct 2018 at 21:13, Robert Hudson <hudrob at gmail.com>
>>>>>>>> wrote:
>>>>>>>>
>>>>>>>>> Hi all,
>>>>>>>>>
>>>>>>>>> The schedule for the first day of public hearings on the 19th of
>>>>>>>>> October (this Friday) has been released:
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> https://www.aph.gov.au/DocumentStore.ashx?hearingid=28560&submissions=false
>>>>>>>>>
>>>>>>>>> For those who don't wish to download the PDF document, the
>>>>>>>>> following parties are scheduled to speak on this day:
>>>>>>>>>
>>>>>>>>> * The Department of Home Affairs.
>>>>>>>>> * The Law Council of Australia.  This is an interesting one - it
>>>>>>>>> appears (unless my eyes are failing me) that they did not make a submission
>>>>>>>>> at all (or at least not one that the PJCIS has chosen to publish - their
>>>>>>>>> submission numbering goes to 66, yet their website counts only 64
>>>>>>>>> submissions - submissions 12 and 14 are missing).
>>>>>>>>> * Optus "and others TBC".
>>>>>>>>> * Ai Group "and others TBC" (interestingly, Ai Group is only one
>>>>>>>>> of the parties involved in the cited submission - so they can't even
>>>>>>>>> attribute the submissions to the correct/complete groups).
>>>>>>>>> * Amazon, BSA | The Software Alliance "and others TBC" (noting
>>>>>>>>> that the BSA submission is cited in the submissions pack for the day, but
>>>>>>>>> Amazon's isn't - and nor is it listed on the main list of submissions).
>>>>>>>>> * TBC.
>>>>>>>>>
>>>>>>>>> There's a pack of submissions (4 of them) relevant for the day -
>>>>>>>>> it's here if anyone's keen (particularly useful given some of the oddities
>>>>>>>>> I'll mention next):
>>>>>>>>> https://www.aph.gov.au/DocumentStore.ashx?hearingid=28560&submissions=true
>>>>>>>>>
>>>>>>>>> Each is allocated a different time frame as well - DOHA have 60
>>>>>>>>> minutes allocated, the Law Council of Australia get 45 minutes, Optus "and
>>>>>>>>> others TBC" get 45 minutes, Ai Group "and others TBC" receive 60 minutes,
>>>>>>>>> Amazon, BSA | The Software Alliance "and others TBC" receive 75 minutes,
>>>>>>>>> and then the "TBC" section has a start time (3:15pm) but no finish time.
>>>>>>>>>
>>>>>>>>> It concerns me that as of nearly 9pm Sydney time on the 16th of
>>>>>>>>> October that "and others TBC" and "TBC" is still undefined for hearings
>>>>>>>>> starting on the 19th of October.  I expressed an interest in participating
>>>>>>>>> in the public hearings on behalf of ITPA very early on in the consultation
>>>>>>>>> period - yet IF we do get invited to attend the public hearing on the 19th,
>>>>>>>>> they're giving me very little time to get myself down there (and to be
>>>>>>>>> honest, I may not be able to attend at this late notice, given I would have
>>>>>>>>> to make arrangements both at home and at work for me to travel to Canberra
>>>>>>>>> on Friday).  I also can't start to plan for dates that aren't even
>>>>>>>>> published yet.
>>>>>>>>>
>>>>>>>>> Another concern is that with "around 65" submissions made, only a
>>>>>>>>> very small number of organisations have been invited to the public hearing
>>>>>>>>> - I believe there was talk of further public hearing days been added, but
>>>>>>>>> there's no indication of that on the PJCIS website at this stage - this is
>>>>>>>>> particularly concerning when you look at some of the parties NOT yet
>>>>>>>>> invited - organisations like Cisco, Telstra and Apple in particular given
>>>>>>>>> that Optus, Amazon and BSA are invited).
>>>>>>>>>
>>>>>>>>> It will be interesting to see how things continue to run from
>>>>>>>>> here.  At this stage, I am not seeing evidence that the appropriate level
>>>>>>>>> and breadth of consultation will take place to ensure an appropriate
>>>>>>>>> outcome for Australia.
>>>>>>>>>
>>>>>>>>> On Fri, 12 Oct 2018 at 17:37, Paul Wilkins <
>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>
>>>>>>>>>> Robert,
>>>>>>>>>> When in Canberra, don't look for any support from PJCIS Chairman
>>>>>>>>>> Andrew Hastie, who is a Dutton supporter, and one of the leading
>>>>>>>>>> conspirators in rolling Turnbull.
>>>>>>>>>>
>>>>>>>>>> Kind regards
>>>>>>>>>>
>>>>>>>>>> Paul Wilkins
>>>>>>>>>>
>>>>>>>>>> On Fri, 12 Oct 2018 at 12:45, Robert Hudson <hudrob at gmail.com>
>>>>>>>>>> wrote:
>>>>>>>>>>
>>>>>>>>>>> PJCIS is listing 37 submissions - way down on the 343 that were
>>>>>>>>>>> made to the Department of Home Affairs, but hopefully they'll actually get
>>>>>>>>>>> read and considered this time around.
>>>>>>>>>>>
>>>>>>>>>>> I tried to stick to ITPA's area of expertise (tehnology) in the
>>>>>>>>>>> hope that other parties more qualified than us have focused on areas
>>>>>>>>>>> outside of technology - I have strong opinions in those areas, but thought
>>>>>>>>>>> it best to let experts make the points there.  I also made it clear to the
>>>>>>>>>>> PJCIS that ITPA wishes to be invited to the public hearing, we'll see how
>>>>>>>>>>> that goes.
>>>>>>>>>>>
>>>>>>>>>>> Regards,
>>>>>>>>>>>
>>>>>>>>>>> Robert
>>>>>>>>>>>
>>>>>>>>>>> On Fri, 12 Oct 2018 at 10:26, Paul Wilkins <
>>>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>>>
>>>>>>>>>>>> Thanks Rob,
>>>>>>>>>>>>
>>>>>>>>>>>> I want to say thanks to everyone who's made the effort for
>>>>>>>>>>>> what's a pretty thankless and costly investment of time - trying to convey
>>>>>>>>>>>> a message that Home Affairs appear intent to ignore. The Home Affairs
>>>>>>>>>>>> consultation was a wash. Let's hope PJCIS actually engage with the process.
>>>>>>>>>>>>
>>>>>>>>>>>> However if you don't engage with the process, you can't
>>>>>>>>>>>> complain about the results, so thanks again to those who've made
>>>>>>>>>>>> submissions (Home Affairs and then again for PJCIS) to see that our
>>>>>>>>>>>> industry's needs get represented and, if not acknowledged, are at least on
>>>>>>>>>>>> the public record to hold Home Affairs to account for what's some pretty
>>>>>>>>>>>> imperious unilateralism and shabby disregard for the industry's and the
>>>>>>>>>>>> public's concerns and best interests.
>>>>>>>>>>>>
>>>>>>>>>>>> Kind regards
>>>>>>>>>>>>
>>>>>>>>>>>> Paul Wilkins
>>>>>>>>>>>>
>>>>>>>>>>>>
>>>>>>>>>>>>
>>>>>>>>>>>> On Fri, 12 Oct 2018 at 09:46, Robert Hudson <hudrob at gmail.com>
>>>>>>>>>>>> wrote:
>>>>>>>>>>>>
>>>>>>>>>>>>> I have just sent through my submission on behalf of ITPA.
>>>>>>>>>>>>> It's also published here:
>>>>>>>>>>>>>
>>>>>>>>>>>>>
>>>>>>>>>>>>> https://www.itpa.org.au/news/itpa-submission-pjcis-telecommunications-and-other-legislation-amendment-assistance-and-access-bill-/
>>>>>>>>>>>>>
>>>>>>>>>>>>> ""
>>>>>>>>>>>>>
>>>>>>>>>>>>> On Thu, 11 Oct 2018 at 17:17, Paul Wilkins <
>>>>>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>>>>>
>>>>>>>>>>>>>> My submission is now up on PJCIS . Worth a read for anyone
>>>>>>>>>>>>>> interested.
>>>>>>>>>>>>>>
>>>>>>>>>>>>>>
>>>>>>>>>>>>>> https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/TelcoAmendmentBill2018/Submissions
>>>>>>>>>>>>>>
>>>>>>>>>>>>>> Kind Regards
>>>>>>>>>>>>>> Paul Wilkins
>>>>>>>>>>>>>>
>>>>>>>>>>>>>> On Thu, 11 Oct 2018 at 15:05, Paul Wilkins <
>>>>>>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> Oh ho!! Now the rush behind the bill all makes sense - so
>>>>>>>>>>>>>>> the AFP can go after whoever leaked against Dutton and his au pairs!
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> https://www.theguardian.com/australia-news/2018/oct/11/afp-search-raids-affairs-department-peter-dutton-au-pair-visa-leaks
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> Glad we cleared that up.
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> Kind Regards
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> Paul Wilkins
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>> On Thu, 11 Oct 2018 at 12:33, Paul Wilkins <
>>>>>>>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>> Dep't Home Affairs submission to PJCIS has turned up.
>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>> https://www.aph.gov.au/DocumentStore.ashx?id=8704d357-2f09-4173-871a-f073166d4e10&subId=660956
>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>> Kind Regards
>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>> Paul Wilkins
>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>> On Thu, 11 Oct 2018 at 12:14, Christian Heinrich <
>>>>>>>>>>>>>>>> christian.heinrich at cmlh.id.au> wrote:
>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>> Paul,
>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>> On Thu, Oct 11, 2018 at 12:01 PM Paul Wilkins <
>>>>>>>>>>>>>>>>> paulwilkins369 at gmail.com> wrote:
>>>>>>>>>>>>>>>>> > Good job peeps, 24 hours before submissions close with
>>>>>>>>>>>>>>>>> JCIS.
>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>> There are 343 listed as of today (Thursday).
>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>> --
>>>>>>>>>>>>>>>>> Regards,
>>>>>>>>>>>>>>>>> Christian Heinrich
>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>> http://cmlh.id.au/contact
>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>> _______________________________________________
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>>>>>>>>>>>>>>
>>>>>>>>>>>>> _______________________________________________
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>>>>>>>>>>> _______________________________________________
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