The real debate is about who is watching the watchers, as always !

On 4/09/2018 9:37 p.m., Martin Hepworth wrote:

As a Brit working for an Ozzie firm in the UK it's interesting looking at this that the link talks about 5eyes and not just Australia. We know the debate is happening in the US and the UK but this is the first time the 5eyes has been explicit mentioned as whole in this context afaik

Martin


On Tue, 4 Sep 2018 at 10:17, Paul Wilkins <paulwilkins...@gmail.com <mailto:paulwilkins...@gmail.com>> wrote:

    There is one point which I'll be making in my submission which
    needs to be firmly pressed home - that there should not be a
    diversity of agencies all with the power to authorise and execute
    Assistance/Capability Notices. This should be managed through a
    single agency, that serves as the interface for the purposes of
    the bill, between law enforcement, and service providers. This is
    the only way toensure a standard capability for intelligence
    gathering across agencies, smooth administration of justice and
    execution of Assistance/Capability Notices, and reduces the
    vulnerability which would arise from over a dozen different
    agencies and their agents all with access to service provider
    networks and services. This one agency should work as a clearing
    house for Assistance/Capability Notices, and for disseminating
    gleaned data to client agencies.

    I'd encourage others making submissions to raise the same point.
    Government has clearly not considered this dimension, otherwise
    the first cab off the rank in the bill's phrasing would be to
    create a new agency, or identifying a single agency on which to
    confer these powers.

    Kind regards


    Paul Wilkins


    On Tue, 4 Sep 2018 at 18:02, Paul Wilkins
    <paulwilkins...@gmail.com <mailto:paulwilkins...@gmail.com>> wrote:

        and the stick...

        "Should governments continue to encounter impediments to
        lawful access to information necessary to aid the protection
        of the citizens of our countries, we may pursue technological,
        enforcement, legislative or other measures to achieve lawful
        access solutions."

        On Tue, 4 Sep 2018 at 17:56, Paul Wilkins
        <paulwilkins...@gmail.com <mailto:paulwilkins...@gmail.com>>
        wrote:

            "We have agreed to a Statement of Principles on Access to
            Evidence and Encryption
            
<https://www.homeaffairs.gov.au/about/national-security/five-country-ministerial-2018/access-evidence-encryption>
            that sets out a framework for discussion with industry on
            resolving the challenges to lawful access posed by
            encryption, while respecting human rights and fundamental
            freedoms."

            Interesting...

            On Tue, 4 Sep 2018 at 17:34, Serge Burjak
            <sbur...@systech.com.au <mailto:sbur...@systech.com.au>>
            wrote:

                
https://www.homeaffairs.gov.au/about/national-security/five-country-ministerial-2018

                I think it's just been released. Apologies if it's a dupe.

                On Tue, 4 Sep 2018 at 14:16, Jim Woodward
                <j...@alwaysnever.net <mailto:j...@alwaysnever.net>> wrote:

                    Hi All,

                    The problem with the ‘device malware’ approach is
                    also that if such an approach is used where the
                    intention is to target a single device and the
                    software / hardware vendor screws up and deploys
                    the ‘weakened’ application to many devices instead
                    of one specific device then there is the potential
                    to weaken the security and compromise the privacy
                    of others.

                    I’m sure there’s some political double talk that
                    would cover this scenario and that the onus would
                    be solely on the vendor for making sure this does
                    not happen, the worry is that this exact scenario
                    is possible, especially if proof of concepts
                    accidently get released into the wild.

                    The public should be concerned about this for if
                    we end up in a situation where users don’t trust
                    security updates (or updates of any type) then
                    we’re in the same boat as having a purposefully
                    compromised application deployed, we’d have
                    devices with known vulnerabilities with updates
                    turned off which would be arguably more serious as
                    time goes on.

                    I truly believe the reason this legislation is so
                    vague is that they’re trying to find a solution
                    where no one scenario is without significant
                    risks, they’re trying to hold water in a sieve by
                    tipping more water into it in an effort to fill it.

                    Kind Regards,

                    Jim.

                    *From:*AusNOG <ausnog-boun...@lists.ausnog.net
                    <mailto:ausnog-boun...@lists.ausnog.net>> *On
                    Behalf Of *Paul Brooks
                    *Sent:* Tuesday, 4 September 2018 12:05 AM
                    *To:* ausnog@lists.ausnog.net
                    <mailto:ausnog@lists.ausnog.net>
                    *Subject:* Re: [AusNOG] Dutton decryption bill

                    On 3/09/2018 11:47 AM, Chris Ford wrote:

                        Paul,

                        I agree with you in general as to the point
                        that if we are happy with the premise of the
                        current TIA Act that LEAs should be able to
                        intercept communications with a duly
                        authorised warrant, then extending that to
                        encrypted services seems a reasonable
                        extension to keep up with technology.

                        However, the current intercept regime is very
                        difficult if not impossible for a bad actor to
                        exploit. The intercept points are within the
                        Carrier and CSP networks, out of reach of most
                        people. When we move to intercept end-to-end
                        encrypted services you either need to break
                        the encryption (which thankfully does not seem
                        to be the path anybody is proposing), OR, you
                        need to access the clear text at the end point
                        itself. The problem I have with this is that
                        the end point is out in user land,
                        often accessible to anyone on the internet,
                        and now exposed to exploit by bad actors.

                    ..And this is it. The new legislation is NOT about
                    encryption, primarily, despite what we thought
                    before the draft was released.
                    They've explicitly acknowledged they can't 'break'
                    encryption, and do not want to weaken encryption.
                    They want the sent and received message text,
                    stored in the device after/before the encrypted
                    transport.

                    Its actually a 'device malware' bill - a bill to
                    enable general police forces to achieve things
                    that previously only shadowy four-letter agencies
                    could do - implant malware and modify the function
                    of any end-user device, handset, modem, laptop,
                    tablet, printer, connected TV, Amazon Alexa/Google
                    Home/etc. Actually it goes further - rather than
                    implant the malware themselves once they've
                    achieved physical access, this 'device malware'
                    bill enables them to ask nicely for assistance,
                    and then to require, the device suppliers and
                    manufacturers to build and implant the exploit for
                    them. Why should AS** develop an exploit, when
                    they can ask Apple or Netgear or Samsung nicely to
                    develop and install the exploit for them.

                    We've spent decades educating users that the green
                    padlock on a website means something, and that
                    'IOT devices' such as your average Smart TV might
                    be easily hijacked and be recording and watching
                    the home through its microphone and embedded
                    webcam. This bill makes government-authorised
                    modified firmware with exploits that the network
                    and software industry have spent billions
                    developing virus scanning apps to detect and
                    eradicate.

                    Paul.




                        --

                        Chris Ford | CTO

                        Inabox Group Limited

                        Ph: + 61 2 8275 6871

                        Mb: +61 401 988 844

                        Em: chris.f...@inaboxgroup.com.au
                        <mailto:chris.f...@inaboxgroup.com.au>

                        
------------------------------------------------------------------------

                        *From:*AusNOG
                        <ausnog-boun...@lists.ausnog.net>
                        <mailto:ausnog-boun...@lists.ausnog.net> on
                        behalf of Paul Wilkins
                        <paulwilkins...@gmail.com>
                        <mailto:paulwilkins...@gmail.com>
                        *Sent:* Monday, 3 September 2018 11:31:14 AM
                        *To:* AusNOG@lists.ausnog.net
                        <mailto:AusNOG@lists.ausnog.net>
                        *Subject:* Re: [AusNOG] Dutton decryption bill

                        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




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--
--
Martin Hepworth, CISSP
Oxford, UK


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