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BDFL
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Topic # 132248 14-Oct-2013 22:14 Send private message

Received today:


Further safeguards for TICS Bill

Communications and Information Technology Minister Amy Adams has today tabled a Supplementary Order Paper to make further improvements to the Telecommunications (Interception Capability and Security) Bill.

he changes are in addition to those recommended by the Law and Order select committee.

“The select committee has recommended a number of practical and positive changes to the Bill in response to submissions,” Ms Adams says.

“Based on feedback from support parties, the public and industry, I intend to make some further changes that go beyond the committee’s recommendations.”

Clause 39 of the proposed Bill currently allows the responsible Minister to direct that a network operator must not resell an overseas telecommunications service in New Zealand where the interception capability, or lack of interception capability, raises a significant risk to law enforcement or national security.

It is proposed to remove Clause 39 from the Bill altogether, and, instead, matters of non-compliance could be addressed through the compliance framework.

Part 3 of the Bill deals with the partnership approach between the GCSB and network operators to protect network security.

To ensure that this interaction occurs in a timely manner, it is proposed to introduce the ability for the Minister responsible for the GCSB to make regulations that require decisions to be made under specific timeframes, in the event that decisions are not being made in a sufficiently timely way.

It is also proposed to narrow the scope of the matters that must be notified to the GCSB, reducing compliance costs for network operators.

As a last resort, where network operators and the GCSB are unable to agree on how to respond to a network security risk, Clause 54 of the Bill currently provides that the responsible Minister may issue a direction.

Before the GCSB can ask the Minister to make a direction, a further check and balance will be introduced.  The Commissioner of Security Warrants will now be required to carry out an independent review of the material that informed the GCSB’s risk assessment, and report on whether, in their opinion, the risk amounts to a significant risk to national security.

Finally, to meet the concerns expressed by telecommunications companies that competition and cost implications must be adequately considered, the factors that the Minister must take into account before issuing a direction on network security will be strengthened and clarified.

This will deliver a more rigorous assessment of the costs and benefits, including the impact of the cost on the telecommunications company.

“Although public input has resulted in significant improvements to the Bill, some of the submissions received did not reflect an accurate understanding of what the Bill does and does not do,” Ms Adams says.

“In particular, I would like to reassure people that this Bill does not change the authority of agencies to intercept telecommunications, it does not change existing privacy protections, and it does not require data to be stored or require stored data to be disclosed. The Bill only relates to real time interception.

“The Bill plays a key role in law enforcement and in protecting New Zealand’s national security.”

The SOP will be introduced to Parliament later this week. It is available at: http://www.legislation.govt.nz/sop/government/2013/0366/latest/096be8ed80c51327.pdf





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  Reply # 915626 15-Oct-2013 18:09 Send private message

Just received:


A Bill that will modernise telecommunications security legislation passed its second reading in parliament today, Communications and Information Technology Minister Amy Adams says.

The Telecommunications (Interception Capability and Security) Bill will give clarity and certainty to industry about their obligations, and will ensure that our law enforcement and security agencies have appropriate support from industry to keep New Zealand safe.

The Bill has two key elements. The first part relates to obligations for telecommunications companies, and is focused on modernising the existing interception capability regime.

The Bill aims to make existing obligations on the telecommunications industry more proportionate, flexible, and certain. It will also improve the existing administration and enforcement processes in order to lift compliance levels.

Ms Adams says contrary to some claims, the Bill does not change the existing safeguards to protect people’s privacy.

“It also does not change the authority of agencies to intercept telecommunications, it does not change existing privacy protections, and it does not require data to be stored or require stored data to be disclosed. The Bill only relates to real time interception.”

The second aspect of the Bill introduces a formal and transparent network security regime. New Zealand does not presently have any formal scheme to effectively manage and address potential national security risks associated with the design, build and operation of the telecommunications infrastructure.

The Bill reduces costs for network operators by removing the duplication of interception capability currently required under the current Act.

“Network security is important to ensure that networks are kept safe from unauthorised access, or the unauthorised copying, altering or diverting of data. The network security framework is a preventative regime, built on a partnership approach.

“The Bill is not about the GCSB telling a network operator how to design its network, nor does it give the GCSB the power of veto over decisions.

“The Bill formalises the existing relationship with some operators and the existing partnership approach, based on working collaboratively with each other and finding resolutions that are effective and proportionate to the risk.

“Updating the legislation will ensure New Zealand’s telecommunications companies have a clearer understanding of how to meet their interception obligations while ensuring their network infrastructure does not pose a risk to New Zealand’s national security, as we move to an increasingly online world.”

 







BDFL
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  Reply # 927755 5-Nov-2013 17:29 Send private message

And it passed the third reading:


A Bill that will safeguard public safety and security has passed its third reading in parliament today, Communications and Information Technology Minister Amy Adams says.

Ms Adams says the Telecommunications (Interception Capability and Security) Bill will ensure the legislation remains effective in a rapidly-changing telecommunications environment.

There are two parts to the Bill. The first part relates to obligations for telecommunications companies, and is focused on modernising the existing interception capability regime.

“New Zealanders are changing the way they use telecommunications. This is increasingly online; talking, texting and sending emails rather than calling on home phone lines.

“Not only is the technology faster, smarter and globally reaching, but our industry has fragmented and we have seen a proliferation of new entrants in the market.

“It is therefore critical that our legislation keeps pace with these changes and allows surveillance agencies the ability to help keep New Zealanders safe.”
The second aspect of the Bill puts in place a formal network security framework to help keep New Zealanders safe from unwelcome intrusions on our telecommunications networks, where these intrusions affect our national security.

“Many of our critical infrastructure providers, including our electricity, gas and finance providers, are reliant on our telecommunications networks.

“Our increasing reliance on telecommunications networks means that we are more vulnerable to cyber-attacks, and it increases the potential scale of loss and damage they may cause.

“Network operators are facing new and ever increasing threats that are advanced, persistent and sophisticated.

“In this area, the GCSB has access to specialised information about potential vulnerabilities and threats.

“Network operators do not have access to this level of information, which can make it difficult to make informed decisions about the design, build and operation of their network.”

Until now, New Zealand has not had a formal scheme in place to effectively manage and address potential national security risks associated with our public telecommunications networks.

“This Bill will formalise and build on existing partnerships to ensure that all network operators engage with government, and give certainty and clarity to network operators about when, how and on what to approach government.

“Updating the legislation will ensure New Zealand’s telecommunications companies have a clearer understanding of how to meet their obligations while ensuring their network infrastructure does not pose a risk to New Zealand’s national security, as we move to an increasingly online world.”




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  Reply # 927757 5-Nov-2013 17:32 One person supports this post Send private message

Hope everyone who works at an ISP has the GCSB on speed dial, you'll need to call them up for an OK before you buy any hardware or "acquire" any software (whether it's free or not) or possibly make any software/routing changes!

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