[AusNOG] Dutton decryption bill

[Paul Wilkins]

Rather than pick apart each others' semantics, I think we can agree, and
the reality is, that to publish TV/Radio content requires a license. The
internet does not. However, both cross into the public domain in the
carriage of content - TV/Radio via government controlled radio spectrum
(though cable equally requires a license regardless of the carriage conduit
being entirely in private hands). Internet carriage crosses into the realm
of governmental control where carriage crosses property lines, and thus you
need a carrier license.

Under pretty much all the internet legislation, if you're running a local
network within your private domain, government legislation doesn't apply.
This is very much analogous to the physical realm where you can do what you
like within the privacy of your home. Once your activities cross the
property boundary, then government controls apply. But also, judicial
warrant has always allowed search and seizure on private land if a judge
finds reasonable grounds of criminality.

As to the arc of history, and the likelihood of regulation of crypto, both
history and Marx are on my side. The Wild West was wild for about 20 years,
until the invention of barbed wire and the ineluctable need to partition
the prairies to allow attribution of value. Regulation of the cyber domain
is inevitable because that is the gradient of surplus value.

The government is going to be able to enforce the Assistance and Access
Bill, because to operate a business in Australia, requires a local
presence. Your trade marks and intellectual property need recognition, and
you require a registered company to conduct business and to hold bank
accounts. If you won't comply with assistance/capability notices, you won't
be able to conduct business in Australia.

Kind regards

Paul Wilkins

On Sun, 2 Sep 2018 at 08:39, Mark Newton <newton at atdot.dotat.org> wrote:

> On 2 Sep 2018, at 04:35, Nick Stallman <nick at agentpoint.com> wrote:
>
> You could also say that parts of the internet are licensed - E.g. posting
> on Facebook requires accepting terms and conditions which if broken can
> result in your access being terminated. But the internet in general is
> unlicensed.
>
>
> Acceptance of terms and conditions is not a “license.” The word has a very
> well defined legal meaning, and that isn’t it.
>
> It is obvious that Paul was referring to government issued approvals or
> permissions for crypto. Which is, not to put too fine a point on it,
> ludicrous.
>
>     - mark
>
>
>
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