@Matt - 'a screen capture and remote access ability', if installed on all phones would surely be a 'systemic vulnerability' in anybody's view, and would be a global disaster if the method of triggering this ability escaped to the wider world. This would be an example of precisely the dangerous and ill-advised exploit that we are all concerned the agencies might ask for in ignorance. Heck, this is exactly the sort of malware exploit that after-market malware scanners and virus checkers for phones should be looking for to to detect and warn the user if an app or the OS had been compromised and was attempting to do these things. I can see a rapidly growing market for malware checkers!
@Paul - where is the requirement for 'judicial approval'? - it doesn't go anywhere near a court. The TCN can be issued by the Attorney General. If (and only if) the recipient thinks it might be able to be pushed back on, they can ask for a review by a *retired* judge and a tech expert with a high security clearance. A *retired* judge is not a 'judicial approval', and the easiest place to source the other expert from is from within ASIO - hardly independent. The AGD chooses the two reviewers, not the recipient. The legislation as passed also doesn't deal with the situation if the two experts disagree on whether it is allowable or not. And there is no requirement for a warrant to have been issued - the whole point of a TCN is to preemptively create a capability that can be exploited later, on the off chance there will be a future warrant that requires the exploit to be triggered. Paul. On 12/12/2018 12:02 pm, Paul Wilkins wrote: > Matt, (IINAL) > But it appears on my reading that both 317ZG and more specifically the new > 317ZGA > would arguably prohibit this. > > The (pending?) amendments are worth a read. Stronger terms on 317ZG and > importantly > - *requirement for judicial approval of TCNs*. > > 317P (5)(2)(d) the designated communications provider has, if reasonably > practicable, been consulted and given a reasonable opportunity to make > submissions > on whether the requirements to be imposed by the notice are reasonable and > proportionate and whether compliance with the notice is practicable and > technically > feasible. > > > On Wed, 12 Dec 2018 at 11:30, Matt Perkins <[email protected] > <mailto:[email protected]>> wrote: > > It strikes me that all that will be needed is the phone manufacturers to > put a > screen capture and remote access ability on the phones. Then Law > enforcement > need to do is read the screens no need to involve the individual app > makers at > all. They are after a wide and non savvy audience here. Looking over the > shoulder of phone users is what we are talking about. I would say expect > to see > a boost in convictions of medium size drug distributors and small > amateur > terror type people. > > These are the same people that used sms before they just want that > capability back. > > Matt > > > > -- > /* Matt Perkins > Direct 1300 137 379 Spectrum Networks Ptd. Ltd. > Office 1300 133 299 [email protected] > <mailto:[email protected]> > Fax 1300 133 255 Level 6, 350 George Street Sydney 2000 > SIP [email protected] > <mailto:[email protected]> > Google Talk [email protected] <mailto:[email protected]> > PGP/GNUPG Public Key can be found at http://pgp.mit.edu > */ > > > On 12 Dec 2018, at 8:27 am, Paul Brooks <[email protected] > <mailto:[email protected]>> wrote: > > > >> On 12/12/2018 3:54 am, Scott Weeks wrote: > >> > >> ----------------- > >> The Bill was passed on Thursday > >> ----------------- > >> > >> > >> Damn, I'm gonna need a bigger bag of popcorn! > >> Waaaay bigger. I can't wait to see how this > >> plays out. > > > > We'll probably never know how this plays out, unless one of the major > global > brands > > pulls out of the Australian market. > > > > Tech companies doing development in Aust will put in independent code > reviews > by an > > offshore team to protect against onshore employees, or will quietly > close > Australian > > development shops over years. Some tech companies will move overseas - > gradually, > > over months and years. Net result - lower demand for Australian IT > staff, lower > > export figures in the DFAT stats over years. > > > > Many 'component manufacturers or suppliers' will blithely carry on, > unaware > this might > > apply to them at all until they receive a notice > > > > A massive data breach in 3 years time may not be traced back to a system > change caused > > as a result of a notice, or if an investigation does uncover the root > cause, > is likely > > to be quietly hushed up. > > > > It'll take a massive ASIC-website-blocking-like event own-goal to > generate > demand for > > popcorn. That or a majority of politicians starting to listen to experts > rather than > > agencies and repealing it, and there's precious few Andrew Wilkies > around at the > > moment so that's even less likely. > > > > P. > > > > > > > > > > > >> > >> scott > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >>> > >>> > >>> > >>> _______________________________________________ > >>> AusNOG mailing list > >>> [email protected] <mailto:[email protected]> > >>> http://lists.ausnog.net/mailman/listinfo/ausnog > >> > >> > >> > >> _______________________________________________ > >> AusNOG mailing list > >> [email protected] <mailto:[email protected]> > >> http://lists.ausnog.net/mailman/listinfo/ausnog > >> > >> > >> _______________________________________________ > >> AusNOG mailing list > >> [email protected] <mailto:[email protected]> > >> http://lists.ausnog.net/mailman/listinfo/ausnog > > > > > > _______________________________________________ > > AusNOG mailing list > > [email protected] <mailto:[email protected]> > > http://lists.ausnog.net/mailman/listinfo/ausnog > > _______________________________________________ > AusNOG mailing list > [email protected] <mailto:[email protected]> > http://lists.ausnog.net/mailman/listinfo/ausnog > > > _______________________________________________ > AusNOG mailing list > [email protected] > http://lists.ausnog.net/mailman/listinfo/ausnog
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