Telecom sector security reform needs careful handling

Internet industry groups are urging the government to tread carefully with regard to legislation that would grant more powers to the Attorney-General to force telecom companies to act in matters related to national security.

The proposed Telecommunications Sector Security Reforms (TSSR) Amendment Bill would give the Attorney-General of the day the power to compel phone and internet service providers to do unspecified “things” if deemed necessary to protect national security.

The recently published second draft of the Bill deliberately avoids specifying or significantly limiting what these things are, meaning the law could grant the government with sweeping new powers.

Internet Australia CEO Laurie Patton said this leaves the Bill at risk of having substantial unintended consequences.

“This is an extremely sensitive piece of proposed legislation strewn with pitfalls for drafters who don’t understand how the ICT market works — or more specifically, how fragile the workings of the internet can be and how important it is to protect the internet from unjustified external interference,” he said.

But he acknowledged that the Attorney-General’s department has expressed a willingness to consult on the legislation and has offered to meet with the industry body.

Patton said the government needs to make the case for why the amendment is needed.

“The TSSR is similar to the data retention legislation passed in that few people believe an adequate case has been made to justify the risks of unintended consequences. We need to better understand the government’s expectations,” he said.

“We need to know why the TSSR is needed in addition to ensuring it doesn’t follow data retention — which is so fundamentally flawed it may never be fully operational as intended.”

In a statement, the Communications Alliance meanwhile noted that the amendments made to the second draft of the Bill “are reflective of the concerns that Communications Alliance and other stakeholders expressed about the original draft, and certainly represent a more balanced approach to meeting the objectives outlined by government.”

The industry body said it will seek to work with the government and the parliamentary joint committee overseeing the intelligence and security to make any further necessary refinements.

Image courtesy of Dennis Skley under CC