Issue No 24: 3 October 2018
Slow Down, Stop And Listen – Consumers, Human Rights Groups, Industry, Telcos and Technology Companies Join Forces to Sound Alarm at Government’s Spyware Legislation
A diverse group of consumer representatives, human rights organisations, industry, technology and telecommunications companies has today joined forces under the banner Alliance for a Safe and Secure Internet with a plea to the Government to slow down, stop ignoring the concerns of technology experts, and listen to its citizens when they raise legitimate concerns with the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018.
They have united around a call for the so-called “Encryption Bill” to be rejected in its present form.
“This Bill stands to have a huge impact on millions of Australians, so it is crucial that lawmakers reject this proposal in its present form before we sleepwalk into a digital dystopia,” said board member of Digital Rights Watch and spokesperson for the Alliance, Lizzie O’Shea.
The Alliance has been formed as the Federal Government has been reluctant to listen to cyber security specialists, technology experts and leaders from civil society organisations. It represents a unique concert of voices – ranging from consumer representatives, human rights groups to industry, telcos and technology companies –who sometimes disagree on policy questions, but have come together for the first time as a unified voice.
“As a group, we are so concerned by the Bill that we feel it is our collective civic duty to use our voices to make sure that the public is aware of the alarming legislation the Federal Government is attempting to rush through Parliament with its Assistance and Access Bill,” said O’Shea.
The draft Bill was made public in mid-August and, following a three week consultation process, a large number of submissions from concerned citizens and organisation were received by the Department of Home Affairs. Only a week after the consultation closed the Bill was rushed into Parliament with only very minor amendments, meaning that almost all the expert recommendations for changes to the Bill were ignored by Government.
Communications Alliance CEO, John Stanton, also a spokesperson for the Alliance, said the proposed legislation would put unprecedented powers into the hands of enforcement agencies without judicial or proper Ministerial oversight.
“The scope of this legislation sets a disturbing first-world benchmark and poses real threats to the cyber security and privacy rights of all Australians,” he said.
“Instead of trying to ram this legislation through the Committee process and the Parliament, the Government needs to sit down with stakeholders, engage on the details and collectively come up with workable, reasonable proposals that meet the objective of helping enforcement agencies be more effective in the digital age.”
The Bill has now been referred to the Parliamentary Joint Committee on Intelligence and Security (PJCIS), where again processes have been truncated, setting the stage for it to be passed into law within months.
“The rushed processes coupled with the lack of transparency can only mean that expert opinions from Australia and abroad are being disregarded and deep concerns about privacy erosion and lack of judicial review have simply been tossed aside,” said O’Shea.
The Bill as it stands would allow Australian law enforcement and security agencies to order technology companies and their staff to facilitate access to an individual’s encrypted data and devices without their knowledge or permission and without judicial oversight.
“We should all be worried, because this legislation doesn’t only target criminals, it puts every Australian at risk. We use encryption to buy things online, manage our finances, and communicate personally and professionally. Hospitals, transportation systems and government agencies use encrypted data,” said O’Shea.
“Creating tools to weaken encrypted systems for one purpose weakens it for all purposes. If the Federal Government succeeds in doing so, it could be your bank account, your personal correspondence, or your medical records that are compromised in the end.”
Protecting the public from harm is a priority for all the organisations within the Alliance as well as for the Government. Unfortunately, the reality is that the Bill introduced into the Federal Parliament last week has the potential to make Australians less safe, despite its stated objectives to the contrary.
The Alliance is campaigning for the Government to slow down, stop ignoring the concerns of technology experts, and listen to its citizens when they raise legitimate concerns. For a piece of legislation that could have such far ranging impacts, a proper and transparent dialogue is needed, and care taken to ensure it does not have the unintended consequence of making all Australians less safe.
* Important: nbn™ is a member of Communications Alliance but has not participated in the preparation of this media release.
Communications Alliance submission on a Possible Scheme for Blocking Illegal Offshore Wagering Websites
Communications Alliance has made a submission to the Department of Communications and the Arts discussion paper on a Possible Scheme for Blocking Illegal Offshore Wagering Websites. As the Scheme aligns with Industry’s suggested approach, Communications Alliance is generally supportive of the outlined Scheme which aims at providing an efficient and practicable means to disrupt and curb illegal offshore wagering activities.
The Scheme envisages a replacement of the Interactive Gambling Industry Code with a new Code that only applies to the larger ISPs to capture 75% of Australian internet users. In its submission, Communications Alliance proposed the use the reimbursement structure and processes established for Federal Court orders to block websites in the context of online copyright infringements (s115 of the Copyright Act 1968) as the appropriate benchmark for the process and costs for the blocking of websites under the proposed Scheme.
Communications Alliance and AMTA Joint Submission on the International Mobile Roaming Standard
Communications Alliance and the Australian Mobile Telecommunications Association (AMTA) have made a joint submission to the Australian Communications and Media Authority (ACMA) on the efficiency and effectiveness of the Telecommunications (International Mobile Roaming) Industry Standard 2013.
The IMR Standard places obligations on providers of IMR services, which currently differ depending on whether the provider is a mobile network operator (MNO)— Telstra, Optus and Vodafone—or a mobile virtual network operator (MVNO), which utilises an MNO’s mobile network.
In their submission, the Associations support the review as an important test to determine if the Standard is still fit for purpose and delivering the desired outcomes for consumer protection and awareness relating to IMR services.
Overall, Industry believes that the Standard ought to be repealed. If the Standard is to remain, it ought to be made more effective, efficient and flexible, especially relating to the tailoring of customer alerts and warning notifications, spend management tools and message delivery solutions for customers overseas. It is noted that the proposed obligations on MVNOs (set to be introduced from 1 January 2019) are not necessary and should be removed from the Standard.