[AusNOG] Assistance and Access Bill moves to PJCIS

[Paul Wilkins]

Compare:

CHAIR: So the big companies like Facebook, Amazon, Twitter, over-the-top
messaging services like Signal and WhatsApp?
Mr Hansford: A range of different industry companies.
CHAIR: *A good percentage of those?*
Mr Hansford: *A reasonable percentage, I'd say.*
(Public) FRIDAY, 19 OCTOBER 2018

"The government has consulted *extensively* with industry and the public on
these measuresand has made amendments to reflect the feedback in the
legislation now before the parliament."
Minister for Home Affairs - Speech to Parliament 20 Sept 2018

On Wed, 24 Oct 2018 at 16:01, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

> 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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