[AusNOG] Dutton decryption bill

[Paul Wilkins]

Bradley,
The Common Law has always allowed judicial scrutiny of our privacy. There's
always been the right for judicial search warrants to override what's
considered one's private domain. I'm supportive of this bill where it
extends judicial oversite to the cyber domain, which is a gap that exists
only because legislation/common law has lagged behind technology. While at
the same time realising that conversations conducted over the internet,
even if encrypted, are more properly regarded as public conversations, than
say one you might have in your living room. Whether government is going to
regulate the internet, the boat has sailed on this long ago. The hard line
privacy advocates are simply going to be left out of a conversation
democracy needs to have over not whether the internet should be regulated,
but how.

What's interesting in this bill is that it goes beyond extending judicial
writ, allowing law enforcement emergency powers the right to surveil
suspects. This will be authorised by law enforcement, without judicial or
governmental oversite. I think this probably goes too far. The best outcome
for everyone, to protect privacy, and to empower law enforcement to enforce
laws and to protect citizens rights, would be to limit the scope of these
new powers to judicial writ.

Kind regards

Paul Wilkins
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ausnog.net/pipermail/ausnog/attachments/20180903/44b68b90/attachment.html>