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Jon Williams @jonathannen
, 9 tweets, 3 min read Read on Twitter
1/ Ok, well it's time to lay out my biggest concerns on #aabill. IANAL, but I'm a technologist, entrepreneur, and investor. Please get your own legal advice - keeping in mind much of this will be an expensive fight in the courts...
2/ Scope of the crimes. The #aabill covers crimes of 3+ years state, federal, **and foreign**. Yes, you can get 5 to 10 years jail for refusing to comply with #aabill... for a 3-year crime. Indeed, you can be targeted by #aabill for breaking #aabill.
3/ Scope of the "Designated Communications Provider." People seem to think this only covers messaging. It's much broader than that, covering most software, hardware, and networking. It includes software updates. Yes, an individual can be a DCP.
4/ Scope of "Electronic Service." Yes, this includes websites. The explainer notes go even further. This is reads that it's to cover anything on the internet. Similarly, yes "Electronic Protection" is authentication + encryption.
5/ Systemic weakness/vulnerability is poorly defined. Is an extremely pivotal part of this legislation. Not introducing *systemic* weaknesses implies regular "weaknesses" will be requested (?).
6/ The Technical Assistance Request. Sure it's voluntary, so what? Well, it can be requested to "protected Australia's economic well-being." Comply and you're exempt from criminal/civil penalties. And the law implies you can "enter into a contract" (get paid!). Scary!
7/ Then there is all this random stuff. Why can a notice be given "orally"? These are complex notices. How could they ever just be given over the phone? Just makes me think... what exactly are they thinking here?
8/ Oversight is incredibly loose. You can get your TCN "assessed", but the A-G only needs to give the assessment report "regard." That's it. The very first section of #aabill removes Part 15 (notices) from the Administrative Decisions (Judicial Review) Act.
9/ All the while, an industry burns. Let's hope someone, somewhere is listening. #aabill
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