[AusNOG] Assistance and Access Bill moves to PJCIS

[Paul Wilkins]

The PJCHR express extensive concerns with the bill.

https://www.aph.gov.au/~/media/Committees/Senate/committee/humanrights_ctte/reports/2018/Report%2011/c01.pdf?la=en

The following demonstrates a posture where they will likely oppose the bill
without further safeguards:

1.109 Another relevant factor in assessing whether a measure is
proportionate is whether there is the possibility of oversight and the
availability of review. The power to give a technical assistance notice or
request, or technical  capability notice, is not exercised by a judge, nor
does a judge supervise its application.  Section 317ZFA provides a
discretionary power to a court, in relation to proceedings  before it, to
make such orders as the court considers appropriate in relation to the
disclosure, protection, storage, handling or destruction of technical
assistance information, if the court is satisfied that it is in the public
interest. The bill does  not otherwise provide for court involvement in the
process of giving a technical assistance notice or request, or technical
capability notice. The bill additionally  seeks to amend the Administrative
Decisions (Judicial Review) Act 1977 (ADJR Act) to exclude decisions under
Part 15 of the Telecommunications Act (which would  include a decision to
issue a technical assistance notice or request, or technical  capability
notice) from judicial review under the ADJR Act. 47 In these circumstances,
further information from the minister as the adequacy of the safeguards in
terms of oversight and review would assist in determining the
proportionality of the measures.

Kind regards
Paul Wilkins

On Tue, 23 Oct 2018 at 15:12, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

> 21 October AEC had received 6890 postal votes out of 12,788 issued. Today,
> received postal votes is 7,789. Sharma is trailing by 1,552. So I'm calling
> it a Phelps' win and we will have minority government.
>
> Phelps will win by at least 500 votes so no recount.
>
> Kind regards
> Paul Wilkins
>
> On Mon, 22 Oct 2018 at 18:19, Paul Wilkins <paulwilkins369 at gmail.com>
> wrote:
>
>> Transcript of public hearing 19th October:
>>
>>
>> https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22committees%2Fcommjnt%2F2a1771c8-f314-43f2-b9b0-cd09ad8123ae%2F0000%22
>>
>> On Mon, 22 Oct 2018 at 16:46, Christian Heinrich <
>> christian.heinrich at cmlh.id.au> wrote:
>>
>>> Paul,
>>>
>>> On Mon, Oct 22, 2018 at 2:12 PM Paul Wilkins <paulwilkins369 at gmail.com>
>>> wrote:
>>> > Except that where subject to an order under 317j to conceal the
>>> existence of a TCN/TAN forms part of the terms.
>>>
>>> For PCI-DSS Requirement 4 Telstra [as an example I don't recommend]
>>> have mandated that their customer is responsible for both the
>>> infrastructure and software [as a service] within
>>>
>>> https://www.telstra.com.au/content/dam/tcom/personal/consumer-advice/pdf/business-a-full/cloud-h.pdf
>>> and are therefore unable to assist with the implementation of the
>>> TCN/TAN.
>>>
>>>
>>> --
>>> Regards,
>>> Christian Heinrich
>>>
>>> http://cmlh.id.au/contact
>>>
>>
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