[AusNOG] Assistance and Access Bill moves to PJCIS

[Paul Wilkins]

DIGI's submission (Amazon, Facebook, Google, Oath, and Twitter) has just
appeared:

https://www.aph.gov.au/DocumentStore.ashx?id=d48c3c35-221d-4544-a7d7-109a82c72dc1&subId=661549

On August 14, 2018, the Government released for Public Exposure a draft of
the Telecommunications and Other Legislation Amendment (Assistance and
Access) Bill 2018 (the “Bill”) together with an Exposure Document, to which
DIGI made a submission (attached). A revised Bill was introduced to
Parliament ten days following the close of submissions, with only minor
amendments that fail to address its potential impacts on public safety,
cybersecurity, privacy and human rights, raising concern among industry,
consumer and civil society groups.

On Wed, 24 Oct 2018 at 11:30, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

> 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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