[AusNOG] Dutton decryption bill

Wed Sep 19 12:18:09 EST 2018

So I'd finished reading the submission of the Office of the Australian
Information Commissioner
<https://www.oaic.gov.au/engage-with-us/submissions/public-consultation-on-the-telecommunications-and-other-legislation-amendment-assistance-and-access-bill-2018-submission-to-department-of-home-affairs>
and it struck me as pretty light touch (not so very surprising). Today
Google turns up the submission of the Australian Human Right Commission
<https://hrawards.humanrights.gov.au/submissions/telecommunications-and-other-legislation-amendment-assistance-and-access-draft-bill-2018>
. Whew! It's extensive and detailed, and full of criticism, particularly
around where, in their opinion, the Bill is unlawful where it contradicts
Australia's obligations under the International Covenant on Civil and
Political Rights, where invasion of privacy needs to be "necessary and
proportionate" to the threat. Which is all very well and sets the scene for
possible High Court challenge if the Bill becomes law. All it needs is
someone prepared to risk prison on the odds of creating a precedent.

Kind regards

Paul Wilkins

On Sat, 15 Sep 2018 at 11:45, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

> Submission from BSA | The Software Alliance (BSA),
>
>
> https://www.bsa.org/~/media/Files/Policy/Data/09102018BSACommentsAssistanceandAccessBill2018.pdf
>
> BSA’s members include: Adobe, Amazon Web Services, ANSYS, Apple, Autodesk,
> AVEVA, Baseplan Software, Bentley Systems,  Box, CA Technologies, Cad
> Pacific/Power Space, Cad Pacific, Cisco, CNC/Mastercam, DataStax,DocuSign,
> IBM, Informatica, Intel,  Mathworks, Microsoft, Okta, Oracle, PTC,
> Salesforce, SAS Institute, Siemens PLM Software, Splunk,  Symantec,
> TrendMicro, Trimble Solutions Corporation, and Workday.
>
> Kind Regards
>
>
> Paul Wilkins
>
> On Fri, 14 Sep 2018 at 08:53, Nick Stallman <nick at agentpoint.com> wrote:
>
>> Governments have the power to pass any bill they want, and they can waive
>> around any sovereign rights they want as well.
>>
>> It doesn't mean the bills will match reality.
>>
>> https://en.wikipedia.org/wiki/Indiana_Pi_Bill
>>
>> On 13/09/18 15:13, Paul Wilkins wrote:
>>
>> Mark,
>> An enabler? I wish. The government is perfectly capable of passing the
>> Assistance and Access Bill without my help.
>>
>> There's a compelling argument that encryption doesn't negate the
>> sovereign right of the Crown to conduct wiretap surveillance subject to
>> judicial writ. I recognise the need to extend judicial writ to the cyber
>> domain. So do plenty of other people, inside and outside of government, so
>> it's happening, regardless of the objections of hardline privacy advocates.
>>
>> I want this regime to be effective and implemented properly, with checks
>> and balances consistent with a liberal democracy, and proportionate to the
>> need for privacy. If I contribute to the process, it's to ensure a better
>> outcome than had I stood idle and silent.
>>
>> Kind regards
>>
>> Paul Wilkins
>>
>> On Thu, 13 Sep 2018 at 12:58, Mark Smith <markzzzsmith at gmail.com> wrote:
>>
>>> You realise you're being an enabler don't you?
>>>
>>> On Thu., 13 Sep. 2018, 09:35 Paul Wilkins, <paulwilkins369 at gmail.com>
>>> wrote:
>>>
>>>> If there were an equivalent to certificate transparency logs for our
>>>> data retention laws and for these proposed technical assistance requests,
>>>> you could be sure that they'd be used much more responsibly and sparingly.
>>>>
>>>> I like this idea, a lot.
>>>>
>>>> In my submission I raised the possibility of a single agency acting as
>>>> a clearing house for judicial writs, and issuing per warrant SSL
>>>> certificates to secure warrant data as part of the process. The idea to
>>>> have them implement certificate transparency is excellent, and I'd support
>>>> any representation to government urging them to resource such efforts.
>>>> However, it's going to be a struggle, given where, if you've noticed,
>>>> gov.au is not yet DNSSEC signed - which I find deliciously ironic, the
>>>> government issuing itself new powers to protect our cyber security, while
>>>> their whole TLD flaps in the breeze...
>>>>
>>>> Kind regards
>>>>
>>>> Paul Wilkins
>>>>
>>>>
>>>> On Wed, 12 Sep 2018 at 21:52, Paul Gear <ausnog at libertysys.com.au>
>>>> wrote:
>>>>
>>>>> On 12/09/18 17:04, Mark Newton wrote:
>>>>> > ...
>>>>> > There is no democratic brake on the advancement of the intelligence
>>>>> > community’s powers, they continue to do whatever the hell they want,
>>>>> > with no recourse.
>>>>> > ...
>>>>>
>>>>> ^ This.  Those in power continue to wield it in ways which benefit
>>>>> themselves rather than all of us.  I'm not sure what the entire
>>>>> solution
>>>>> is, but part of it surely must include being open to scrutiny by the
>>>>> general public.  If there were an equivalent to certificate
>>>>> transparency
>>>>> logs for our data retention laws and for these proposed technical
>>>>> assistance requests, you could be sure that they'd be used much more
>>>>> responsibly and sparingly.
>>>>>
>>>>> I would also add that nor is there a brake on the advancement of
>>>>> Silicon
>>>>> Valley's powers.  Imagine if the same public (or near-public) scrutiny
>>>>> were available for the decisions that large Internet, financial, and
>>>>> advertising firms make about us...
>>>>>
>>>>> Paul
>>>>>
>>>>> _______________________________________________
>>>>> AusNOG mailing list
>>>>> AusNOG at lists.ausnog.net
>>>>> http://lists.ausnog.net/mailman/listinfo/ausnog
>>>>>
>>>> _______________________________________________
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>>>> AusNOG at lists.ausnog.net
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>>>>
>>>
>>
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>>
>> --
>> Nick Stallman
>> TECNICAL DIRECTOR
>> [image: Email] nick at agentpoint.com
>> [image: Website] www.agentpoint.com.au
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>>
>
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