[AusNOG] Assistance and Access Bill moves to PJCIS

[Paul Wilkins]

*New PJCIS Public Hearings*

*16 Nov 2018:* Sydney, NSW
*30 Nov 2018:* Canberra, ACT

https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/TelcoAmendmentBill2018

On Thu, 25 Oct 2018 at 13:23, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

> Has anyone yet had the opportunity to think through the use of force
> provisions? Does use of force extend beyond physical forced entry, to say,
> hacking?
>
> Kind regards
> Paul Wilkins
>
> On Wed, 24 Oct 2018 at 18:03, Paul Wilkins <paulwilkins369 at gmail.com>
> wrote:
>
>> 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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