[AusNOG] Dutton decryption bill

[Paul Wilkins]

If the legislation is ill received in some quarters, the government can
pass the Bill and the public will just have to suck it up. On the other
hand, if it's actually illegal, it's by no means unlikely that either
Silicon Valley corporations, or privacy NGOs, will challenge the
legislation.

I'm sure Mark you're aware the UK surveillance powers have had to be
redrafted after a challenge to the European Court of Human Rights.


Kind regards

Paul Wilkins

On Wed, 19 Sep 2018 at 14:22, Mark Newton <newton at atdot.dotat.org> wrote:

> “Possible High Court challenge”?
>
> Jesus Christ, Paul, what planet are you on?
>
>
>  -  mark
>
>
> On Sep 19, 2018, at 12:18 PM, Paul Wilkins <paulwilkins369 at gmail.com>
> wrote:
>
> 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.
>
>
>
>
>
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