https://www.zdnet.com/article/labor-roasted-over-inconsistent-stand-on-australias-encryption-laws/

> Senate debate has highlighted Labor's confused approach to Australia's 
> controversial encryption laws. The politics is grubby and the brain  worms 
> are numerous.

> The Labor Party has attempted to distance itself from its role in the mess 
> surrounding the passing of Australia's encryption laws in December 2018.
> 
> It has failed.
> 
> A Senate debate on Monday showed that while Labor may talk the talk when it 
> comes to balancing the needs of cops and spooks against our privacy and 
> freedoms, it's still likely to cave in when faced with any pressure.
> 
> Monday's debate was over the Telecommunications Amendment (Repairing 
> Assistance and Access) Bill 2019, which was introduced by Labor's 
> spokesperson for home affairs, Senator Kristina Kenneally.
> 
> It's intended to fix some of the problems with the controversial 
> Telecommunications and Other Legislation Amendment (Assistance and Access) 
> Act 2018.
> 
> In its draft form, these encryption laws were often called the AA Bill, but 
> it's now usually referred to as the TOLA Act.
> 
> Labor's Bill envisions inserting judges into the approval process and 
> attempts to clarify what law enforcement and intelligence agencies could and 
> could not demand from communications providers, among other things.
> 
> First, though, a recap of the mess of December 2018.
> 
> Labor had drafted appropriate amendments, like those in Kenneally's new Bill, 
> and spent hours of Senate debate railing against the laws as written. But 
> they voted for them anyway.
> 
> This was done "in the interest of national security", Kenneally reminded us 
> on Monday.
> 
> In reality, a last-minute political deal was done.
> 
> Labor agreed to pass the encryption laws with an understanding from the 
> government that Labor's amendments to the encryption laws would then be 
> debated in early 2019.
> 
> To use a phrase popular in another country recently, it was a quid pro quo.
> 
> However, Labor's subsequent attempt to amend the encryption laws was stranded 
> before the election in May 2019.
> 
> Government 1, Labor 0.
> 
> So back to 2020 and Monday's debate.
> 
> "Labor upheld our side of the deal," Kenneally said in a lengthy complaint.
> 
> "This has left Australia with flawed legislation that must be resolved by 
> this parliament."
> 
> But as Liberal Senator Eric Abetz quite rightly pointed out, Labor did 
> actually vote for the legislation.
> 
> "Yet here comes Senator Keneally, condemning the whole process as somehow 
> some great infringement of human rights, et cetera," he said. 
> 
> "Today we have a tawdry attempt by Senator Keneally to amend the legislation 
> when there are two separate inquiries underway to consider the functioning of 
> this legislation."
> 
> Indeed, the Independent National Security Legislation Monitor (INSLM) is due 
> to report by June 30. That analysis will feed into the ongoing review by the 
> Parliamentary Joint Committee on Intelligence and Security (PJCIS), which is 
> due to report by September 30.
> 
> Abetz noted that Kenneally is a member of that committee and was involved in 
> approving the timelines for these inquiries. This included the extension of 
> the PJCIS inquiry deadline to September 30 "to consider it more and in 
> further detail".
> 
> "Now she's in here with this tawdry attempt to circumvent the committee 
> inquiry," Abetz said.
> 
> "There is, to use polite language, a considerable degree of inconsistency in 
> the approach shown by the honourable senator in this matter."
> 
> Grubby, grubby politics from both sides of the floor.
> 
> Greens Senator Nick McKim was equally scathing.
> 
> "The government should not have proceeded with the legislation as it did, 
> knowing full well the recommendations of the [PJCIS], but neither should 
> Labor have rolled over and allowed the government to tickle their collective 
> tummy on this issue," McKim said.
> 
> "Labor talked tough on the legislation that this bill seeks to amend... But 
> then, as we have seen before, when push came to shove, Labor capitulated and 
> voted the bill through."
> 
> For your writer though, some of the most telling comments came from Labor 
> Senator Jenny McAllister.
> 
> McAllister noted correctly that in late 2018, the government had "forcefully 
> prosecuted" the need for urgency "in the media, not in the committee".
> 
> "National security agencies subsequently gave public evidence to the 
> committee that they needed the powers contained in the 2018 Bill in order to 
> respond to the heightened risk of terror over the Christmas period," she said.
> 
> "In response to that evidence, the committee did the only thing that I think 
> was available to it at that time: it finished its inquiry early."
> 
> Labor voted for the legislation, McAllister said, "because of the advice from 
> our national security agencies that these powers were needed".
> 
> "We take seriously the task of making sure legislation is appropriate, and 
> that is why we're going through this process today."
> 
> But if Labor does take that task seriously, why then vote to give agencies 
> these new powers without the clarity and oversight you already said was 
> essential?
> 
> There may well have been a heightened security threat over Christmas 2018. 
> But in a true modern liberal democracy you don't give the cops and spooks new 
> powers just because they asked for them.
> 
> Well done, Labor.
> 
> To be clear, the TOLA Act is deeply flawed and Labor's Bill does address at 
> least some of the more serious concerns. Good.
> 
> These proposed changes are based on PJCIS recommendations dating back more 
> than a year. There's no need to delay them further.
> 
> But when it comes to the debate over Australia's encryption laws, or any 
> other security laws, the brain worm infections seem particularly strong.

-- 
Kim Holburn
IT Network & Security Consultant
T: +61 2 61402408  M: +61 404072753
mailto:[email protected]  aim://kimholburn
skype://kholburn - PGP Public Key on request 




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