[AusNOG] Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 - Australian IT Perspective

[Paul Brooks]

On 26/02/2019 4:48 pm, Troy Kelly wrote:
> My understanding (which could well be misguided) was that not only would you have to move offshore - but you would also have to employ no Australian's at any point of your technical production line.
>
> The law an instruct any Australian national, anywhere, to comply and provide assistance.
>
> Is my understanding skewed incorrectly?

They would also need to not market in Australia, nor have customers located in
Australia (regardless of nationality) on the customer list. Australians located
outside Australia are OK as customers.

The law also applies to any organisation anywhere in the world that provides services
in Australia - the actual words are:

> "The person provides an electronic service that has one or more end-users in Australia".

> "the person provides a service that facilitates, or is ancillary or incidental to,
> the provision of an electronic service that has one or more end-users in Australia"
This, or have one version for Australians/in Australia (subject to the laws) and one
version for outside Australia (arguably not subject to the laws).

It is THIS aspect where Australia will be harmed, as organisations who do not wish to
be subject to the requirements need to pull out of the Australian market for customers.

P.


>
>
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> ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
> On Tuesday, 26 February 2019 4:08 PM, Mark Andrews <marka at isc.org> wrote:
>
>> Given the secrecy provisions in the legislation their customers are already leaving them. The only way to retain those customers is to relocate.
>>
>>> On 26 Feb 2019, at 2:25 pm, James Hodgkinson yaleman at ricetek.net wrote:
>>> They’ve been pretty public about their intent [0], not sure why you’d take “we need to leave Australia” from their statement. I’d agree if they want to avoid ever having to comply then sure, but that’s quite the extreme.
>>> James
>>> [0] https://fastmail.blog/2018/12/21/advocating-for-privacy-aabill-australia/
>>> On Tue, 26 Feb 2019, at 12:18, lauricat at fastmail.fm wrote:
>>>
>>>> G'day.
>>>> Apologies if off-topic, but I have seen previous threads on this subject..
>>>> A well written response from an Australian IT company (* Disclaimer: A happy customer here!)
>>>> https://www.aph.gov.au/DocumentStore.ashx?id=ec39b475-9559-4fa4-94ca-d45294534200&subId=666615
>>>> From what I can see they have no choice but go offshore.
>>>> Cheers
>>>> Laurie.
>>>>
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>> --
>>
>> Mark Andrews, ISC
>> 1 Seymour St., Dundas Valley, NSW 2117, Australia
>> PHONE: +61 2 9871 4742 INTERNET: marka at isc.org
>>
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