Media Release: Issue date: 14 November 2018 *Second public hearing on the Encryption Bill*
The second public hearing on the Telecommunication and Other Legislation Amendment (Assistance and Access) Bill 2018 will be held on *Friday, 16 November 2018* in Sydney. The Committee will hear from academics, statutory oversight agencies, and industry peak bodies. Details of the public hearing: *9:00 am – 3.15pmSMC Conference & Function Centre, 66 Goulburn St, Sydney (Carrington Room)* The hearing will be live streamed (audio only) at www.aph.gov.au/live. The full program of the hearing is available at https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/TelcoAmendmentBill2018/Public_Hearings Additional hearings will be held in *Canberra on 27 and 30 November*. Further information on the inquiry can be obtained from the Committee’s website. On Tue, 13 Nov 2018 at 11:36, Paul Wilkins <paulwilkins...@gmail.com> wrote: > Communications Alliance submission > <https://www.aph.gov.au/DocumentStore.ashx?id=789049aa-edfc-48e2-a79c-0dd1c28f95b8&subId=662644> > makes > the point both s313 and s280 (1)(b) of the Telecommunications Act 1997 > are current extensively used to access metadata. > > It follows that under the new bill, about a dozen LEAs will similarly be > able to rely on s313 and s280(1)(b) to get warrantless metadata access. > > Kind regards > > Paul Wilkins > > > On Sat, 3 Nov 2018 at 13:09, Paul Wilkins <paulwilkins...@gmail.com> > wrote: > >> Coexistence with Data Retention Regime (Under Telecommunications Act) >> >> >> Passage of this Bill will set the stage for mass surveillance, where >> carriers are already subject to data retention, but the Minister may >> further declare any service provider subject to the metadata regime. >> >> >> 187A Service providers must keep certain information and documents >> >> (3A) The Minister may, by legislative instrument, declare a service to be >> a service to which this Part applies. >> >> >> Such declaration has a statutory limitation of 40 sitting days of >> Parliament, however nothing in the Act prevents such a declaration being >> rolled over by the Minister, maintaining a metadata regime in perpetuity >> for any service they should designate. All this would lie within the >> provisioned scope of the Minister's powers without any further legislation. >> >> Access to such metadata does not necessarily require a warrant. Access >> under the Telecommunications Act can be rendered by the service provider as >> voluntary assistance. >> >> On Thu, 1 Nov 2018 at 11:50, Paul Wilkins <paulwilkins...@gmail.com> >> wrote: >> >>> Rob, >>> Check your inbox/spam folder 29/10. >>> >>> Kind regards >>> Paul Wilkins >>> >>> On Thu, 1 Nov 2018 at 08:33, Robert Hudson <hud...@gmail.com> wrote: >>> >>>> Odd. I signed up to track the enquiry, but have had no notifications >>>> at all that additional hearings had been scheduled. >>>> >>>> There's an another additional day according to the committee website - >>>> 27th November. >>>> >>>> Where did you see if information that they're asking for supplementary >>>> submissions? >>>> >>>> On Wed, 31 Oct 2018 at 12:28, Paul Wilkins <paulwilkins...@gmail.com> >>>> wrote: >>>> >>>>> *UN's Special Rapporteur on the right to privacy* has weighed in on >>>>> the PJCIS review with incandescent criticism: >>>>> >>>>> >>>>> https://www.aph.gov.au/DocumentStore.ashx?id=8012483f-e421-41a7-8bd4-1e8eb5eb39eb&subId=661745 >>>>> >>>>> In my considered view, the Assistance and Access Bill is an example of >>>>> a poorly conceived national security measure that is equally as likely to >>>>> endanger security as not; it is technologically questionnable if it can >>>>> achieve its aims and avoid introducing vulnerabilities to the >>>>> cybersecurity >>>>> of all devices irrespective of whether they are mobiles, tablets, watches, >>>>> cars, etc., and it unduly undermines human rights including the right to >>>>> privacy. It is out of step with international rulings raising the related >>>>> issue of how the Australian Government would enforce this law on >>>>> transnational technology companies. >>>>> >>>>> I can't but think that if the Minister for Home Affairs to be doing >>>>> well to attract the ire of the United Nations and his timing couldn't be >>>>> better, just as the Government has lost control of the House. I'm hopeful >>>>> the Australian media will pick up on the interest of the UN in the Bill, >>>>> fingers crossed. >>>>> >>>>> Furthermore, the PJCIS, after announcing two additional hearings 16/30 >>>>> Nov, are also asking for *supplementary submissions, to be received >>>>> no later than 26 November.* >>>>> >>>>> Kind regards >>>>> Paul Wilkins >>>>> >>>>> On Fri, 26 Oct 2018 at 13:07, Paul Wilkins <paulwilkins...@gmail.com> >>>>> wrote: >>>>> >>>>>> We're at a critical juncture where the Minister for Home Affairs may >>>>>> get his way and steam roll this Bill through Parliament (how this could >>>>>> play out in both Houses would be interesting, as they'll need either >>>>>> Labor >>>>>> or one of the independents in the Lower House). Or the Bill gets >>>>>> substantially modified or sent back to the Dep't Home Affairs to start >>>>>> over. >>>>>> >>>>>> What's of deep concern is that the Minister represents to the House >>>>>> consultation has been extensive, and that modifications of the Bill >>>>>> represent a consensus view. Yet industry has been vocal in opposition to >>>>>> the Bill, and have criticised the level of consultation and the >>>>>> Government's preparedness to receive advice: >>>>>> >>>>>> While DIGI appreciates the challenges facing law enforcement, we >>>>>> continue to have concerns with the Bill, which, contrary to its stated >>>>>> objective, we believe may undermine public safety by making it easier for >>>>>> bad actors to commit crimes against individuals, organisations or >>>>>> communities. We also remain concerned at the lack of independent >>>>>> oversight >>>>>> of Notices and the absence of checks and balances with this legislation, >>>>>> which we discuss in more detail in this submission. >>>>>> Submission to PJCIS - DIGI (includes Google, Amazon, Facebook...)(78) >>>>>> >>>>>> >>>>>> We urge the government to seriously consider the comments submitted >>>>>> by industry and civil society and consider changes that would protect the >>>>>> security and privacy of Apple’s users and all Australians. >>>>>> Submission to PJCIS - Apple (53) >>>>>> >>>>>> Given the complexity of the Bill, the sensitivity of the subject >>>>>> matter, and the limited consultation period, the summary above is not an >>>>>> exhaustive list of BSA's concerns and recommendations in respect of the >>>>>> Bill. There are other aspects of the Bill that require further >>>>>> consideration in order to find the right balance between the legitimate >>>>>> rights, needs, and responsibilities of the Australian Government, >>>>>> citizens, >>>>>> providers of critical infrastructure, third party stewards of data, and >>>>>> innovators. >>>>>> >>>>>> As such, we respectfully encourage the Australian Government to >>>>>> engage in further dialogue with industry to consider the broader issues >>>>>> at >>>>>> play and the implications (and possible unintended consequences of the >>>>>> Bill). >>>>>> Submission to PJCIS - BSA (Cisco, IBM et al.)(48) >>>>>> >>>>>> On Thu, 25 Oct 2018 at 16:48, Paul Wilkins <paulwilkins...@gmail.com> >>>>>> wrote: >>>>>> >>>>>>> I'm determined the Minister for Home Affairs doesn't get to drop a >>>>>>> deeply flawed Bill on a supine and compliant Parliament, and have taken >>>>>>> measures, to whit, written 22 MPs in positions where they can influence >>>>>>> policy, and provided links to submissions which point out the Bill as >>>>>>> proposed is neither proportionate nor necessary: >>>>>>> >>>>>>> Law Council of Australia: >>>>>>> https://www.aph.gov.au/DocumentStore.ashx?id=859d9cda-0f99-4bef-994f-edc6006c87bf&subId=661321 >>>>>>> >>>>>>> Joint Councils for Civil Liberties: >>>>>>> https://www.aph.gov.au/DocumentStore.ashx?id=6a26c1ce-15f3-4229-9b45-dd4ad7cfb8f2&subId=661197 >>>>>>> >>>>>>> Australian Human Rights Commission: >>>>>>> https://www.aph.gov.au/DocumentStore.ashx?id=a7b9ff25-7c09-41e9-b97a-56dae1ac0e94&subId=661055 >>>>>>> >>>>>>> PJCHR,starts @ p24: >>>>>>> https://www.aph.gov.au/~/media/Committees/Senate/committee/humanrights_ctte/reports/2018/Report%2011/c01.pdf?la=en >>>>>>> >>>>>>> >>>>>>> Kind regards >>>>>>> >>>>>>> Paul Wilkins >>>>>>> >>>>>>> >>>>>>> On Thu, 25 Oct 2018 at 16:20, Paul Wilkins <paulwilkins...@gmail.com> >>>>>>> wrote: >>>>>>> >>>>>>>> *New PJCIS Public Hearings* >>>>>>>> >>>>>>>> *16 Nov 2018:* Sydney, NSW >>>>>>>> *30 Nov 2018:* Canberra, ACT >>>>>>>> >>>>>>>> >>>>>>>> https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/TelcoAmendmentBill2018 >>>>>>>> >>>>>>>> On Thu, 25 Oct 2018 at 13:23, Paul Wilkins < >>>>>>>> paulwilkins...@gmail.com> wrote: >>>>>>>> >>>>>>>>> Has anyone yet had the opportunity to think through the use of >>>>>>>>> force provisions? Does use of force extend beyond physical forced >>>>>>>>> entry, to >>>>>>>>> say, hacking? >>>>>>>>> >>>>>>>>> Kind regards >>>>>>>>> Paul Wilkins >>>>>>>>> >>>>>>>>> On Wed, 24 Oct 2018 at 18:03, Paul Wilkins < >>>>>>>>> paulwilkins...@gmail.com> wrote: >>>>>>>>> >>>>>>>>>> Compare: >>>>>>>>>> >>>>>>>>>> CHAIR: So the big companies like Facebook, Amazon, Twitter, >>>>>>>>>> over-the-top messaging services like Signal and WhatsApp? >>>>>>>>>> Mr Hansford: A range of different industry companies. >>>>>>>>>> CHAIR: *A good percentage of those?* >>>>>>>>>> Mr Hansford: *A reasonable percentage, I'd say.* >>>>>>>>>> (Public) FRIDAY, 19 OCTOBER 2018 >>>>>>>>>> >>>>>>>>>> "The government has consulted *extensively* with industry and >>>>>>>>>> the public on these measuresand has made amendments to reflect the >>>>>>>>>> feedback >>>>>>>>>> in the legislation now before the parliament." >>>>>>>>>> Minister for Home Affairs - Speech to Parliament 20 Sept 2018 >>>>>>>>>> >>>>>>>>>> On Wed, 24 Oct 2018 at 16:01, Paul Wilkins < >>>>>>>>>> paulwilkins...@gmail.com> wrote: >>>>>>>>>> >>>>>>>>>>> DIGI's submission (Amazon, Facebook, Google, Oath, and Twitter) >>>>>>>>>>> has just appeared: >>>>>>>>>>> >>>>>>>>>>> >>>>>>>>>>> https://www.aph.gov.au/DocumentStore.ashx?id=d48c3c35-221d-4544-a7d7-109a82c72dc1&subId=661549 >>>>>>>>>>> >>>>>>>>>>> On August 14, 2018, the Government released for Public Exposure >>>>>>>>>>> a draft of the Telecommunications and Other Legislation Amendment >>>>>>>>>>> (Assistance and Access) Bill 2018 (the “Bill”) together with an >>>>>>>>>>> Exposure >>>>>>>>>>> Document, to which DIGI made a submission (attached). A revised >>>>>>>>>>> Bill was >>>>>>>>>>> introduced to Parliament ten days following the close of >>>>>>>>>>> submissions, with >>>>>>>>>>> only minor amendments that fail to address its potential impacts on >>>>>>>>>>> public >>>>>>>>>>> safety, cybersecurity, privacy and human rights, raising concern >>>>>>>>>>> among >>>>>>>>>>> industry, consumer and civil society groups. >>>>>>>>>>> >>>>>>>>>>> On Wed, 24 Oct 2018 at 11:30, Paul Wilkins < >>>>>>>>>>> paulwilkins...@gmail.com> wrote: >>>>>>>>>>> >>>>>>>>>>>> The PJCHR express extensive concerns with the bill. >>>>>>>>>>>> >>>>>>>>>>>> >>>>>>>>>>>> https://www.aph.gov.au/~/media/Committees/Senate/committee/humanrights_ctte/reports/2018/Report%2011/c01.pdf?la=en >>>>>>>>>>>> >>>>>>>>>>>> The following demonstrates a posture where they will likely >>>>>>>>>>>> oppose the bill without further safeguards: >>>>>>>>>>>> >>>>>>>>>>>> 1.109 Another relevant factor in assessing whether a measure is >>>>>>>>>>>> proportionate is whether there is the possibility of oversight and >>>>>>>>>>>> the >>>>>>>>>>>> availability of review. The power to give a technical assistance >>>>>>>>>>>> notice or >>>>>>>>>>>> request, or technical capability notice, is not exercised by a >>>>>>>>>>>> judge, nor >>>>>>>>>>>> does a judge supervise its application. Section 317ZFA provides a >>>>>>>>>>>> discretionary power to a court, in relation to proceedings before >>>>>>>>>>>> it, to >>>>>>>>>>>> make such orders as the court considers appropriate in relation to >>>>>>>>>>>> the >>>>>>>>>>>> disclosure, protection, storage, handling or destruction of >>>>>>>>>>>> technical >>>>>>>>>>>> assistance information, if the court is satisfied that it is in >>>>>>>>>>>> the public >>>>>>>>>>>> interest. The bill does not otherwise provide for court >>>>>>>>>>>> involvement in the >>>>>>>>>>>> process of giving a technical assistance notice or request, or >>>>>>>>>>>> technical >>>>>>>>>>>> capability notice. The bill additionally seeks to amend the >>>>>>>>>>>> Administrative >>>>>>>>>>>> Decisions (Judicial Review) Act 1977 (ADJR Act) to exclude >>>>>>>>>>>> decisions under >>>>>>>>>>>> Part 15 of the Telecommunications Act (which would include a >>>>>>>>>>>> decision to >>>>>>>>>>>> issue a technical assistance notice or request, or technical >>>>>>>>>>>> capability >>>>>>>>>>>> notice) from judicial review under the ADJR Act. 47 In these >>>>>>>>>>>> circumstances, >>>>>>>>>>>> further information from the minister as the adequacy of the >>>>>>>>>>>> safeguards in >>>>>>>>>>>> terms of oversight and review would assist in determining the >>>>>>>>>>>> proportionality of the measures. >>>>>>>>>>>> >>>>>>>>>>>> Kind regards >>>>>>>>>>>> Paul Wilkins >>>>>>>>>>>> >>>>>>>>>>>> On Tue, 23 Oct 2018 at 15:12, Paul Wilkins < >>>>>>>>>>>> paulwilkins...@gmail.com> wrote: >>>>>>>>>>>> >>>>>>>>>>>>> 21 October AEC had received 6890 postal votes out of 12,788 >>>>>>>>>>>>> issued. Today, received postal votes is 7,789. Sharma is trailing >>>>>>>>>>>>> by 1,552. >>>>>>>>>>>>> So I'm calling it a Phelps' win and we will have minority >>>>>>>>>>>>> government. >>>>>>>>>>>>> >>>>>>>>>>>>> Phelps will win by at least 500 votes so no recount. >>>>>>>>>>>>> >>>>>>>>>>>>> Kind regards >>>>>>>>>>>>> Paul Wilkins >>>>>>>>>>>>> >>>>>>>>>>>>> On Mon, 22 Oct 2018 at 18:19, Paul Wilkins < >>>>>>>>>>>>> paulwilkins...@gmail.com> wrote: >>>>>>>>>>>>> >>>>>>>>>>>>>> Transcript of public hearing 19th October: >>>>>>>>>>>>>> >>>>>>>>>>>>>> >>>>>>>>>>>>>> https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22committees%2Fcommjnt%2F2a1771c8-f314-43f2-b9b0-cd09ad8123ae%2F0000%22 >>>>>>>>>>>>>> >>>>>>>>>>>>>> On Mon, 22 Oct 2018 at 16:46, Christian Heinrich < >>>>>>>>>>>>>> christian.heinr...@cmlh.id.au> wrote: >>>>>>>>>>>>>> >>>>>>>>>>>>>>> Paul, >>>>>>>>>>>>>>> >>>>>>>>>>>>>>> On Mon, Oct 22, 2018 at 2:12 PM Paul Wilkins < >>>>>>>>>>>>>>> paulwilkins...@gmail.com> wrote: >>>>>>>>>>>>>>> > Except that where subject to an order under 317j to >>>>>>>>>>>>>>> conceal the existence of a TCN/TAN forms part of the terms. >>>>>>>>>>>>>>> >>>>>>>>>>>>>>> For PCI-DSS Requirement 4 Telstra [as an example I don't >>>>>>>>>>>>>>> recommend] >>>>>>>>>>>>>>> have mandated that their customer is responsible for both the >>>>>>>>>>>>>>> infrastructure and software [as a service] within >>>>>>>>>>>>>>> >>>>>>>>>>>>>>> https://www.telstra.com.au/content/dam/tcom/personal/consumer-advice/pdf/business-a-full/cloud-h.pdf >>>>>>>>>>>>>>> and are therefore unable to assist with the implementation >>>>>>>>>>>>>>> of the >>>>>>>>>>>>>>> TCN/TAN. >>>>>>>>>>>>>>> >>>>>>>>>>>>>>> >>>>>>>>>>>>>>> -- >>>>>>>>>>>>>>> Regards, >>>>>>>>>>>>>>> Christian Heinrich >>>>>>>>>>>>>>> >>>>>>>>>>>>>>> http://cmlh.id.au/contact >>>>>>>>>>>>>>> >>>>>>>>>>>>>> _______________________________________________ >>>>> AusNOG mailing list >>>>> AusNOG@lists.ausnog.net >>>>> http://lists.ausnog.net/mailman/listinfo/ausnog >>>>> >>>>
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