[LINK] Fwd: [EFA-News] Telecommunications Interception legislation

[Janet Hawtin]

fyi just in case you don't subscribe to this list

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EFA urges rejection of the Telecommunications (Interception and
Access) Amendment Bill 2007 currently before Federal Parliament.

EFA has been actively involved during the last four years in efforts
by the Parliament to deal with the vexed issue of stored
communications, and we have fought to ensure that there is an
appropriate balance between protecting the privacy of
telecommunications users and meeting legitimate needs for access by
security and law enforcement agencies. Although we largely endorsed
the 2006 Bill which addressed this issue, we oppose the 2007 Bill,
which was intended to fix the clumsy inter-relationship between the
Telecommunications Interception Act and the Telecommunications Act, as
recommended by the Blunn Report.

The 2007 Bill includes major new powers for security and law
enforcement agencies and significantly changes the existing
"telecommunications data" access framework. It contains provisions
that were not recommended, nor even mentioned, in the Blunn Report,
and some provisions that are contrary to recommendations in the Blunn
Report. Furthermore there are a number of technical problems with the
drafting of the Bill that would create severe practical problems if
implemented.

EFA is unable to support passage of the Bill in its current form and
we consider it highly unlikely that this Bill could be adequately and
appropriately amended during its passage through Parliament. Attempts
to do so are likely to unintentionally introduce additional areas of
confusion given the existing complexity of both the Telecommunications
(Interception and Access) Amendment Act 1979 and the
Telecommunications Act 1997 and inter-relationship between those Acts.
Accordingly, EFA has recommended that this Bill be rejected by the
Parliament.

The Senate Standing Committee on Legal and Constitutional Affairs is
currently conducting an Inquiry into the Bill and has invited EFA to
present evidence at a hearing of the Committee in Canberra on Monday
16th July.  This hearing will be held from 1.50pm to 5pm on and EFA's
representative, Irene Graham, is currently scheduled to appear from
2:30pm to 3:10pm.  The hearing will be webcast here:
   http://webcast.aph.gov.au/livebroadcasting/eventdetailsSenate.aspx?eventid=363578

EFA's submission to the Inquiry:
   http://www.efa.org.au/Publish/efasubm-slclc-tiabill2007.html

Other submissions to the Inquiry:
   http://www.aph.gov.au/senate/committee/legcon_ctte/telecommunications_interception/submissions/sublist.htm

Further information on the history of Telecommunications Interception
legislation is available on EFA's Publications page:
   http://www.efa.org.au/Publish/

Media enquiries about this issue may be directed to Irene Graham on
0412 997 163.

Dale Clapperton
Chair
Electronic Frontiers Australia