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Date: 2000-11-17
NZ: Nicky Hager und die Ermaechtigung der Polizei-.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- scheinen nicht so einfach durch zu gehen, wie geplant. Dass sie eine verdächtige Ähnlichkeit mit allem haben, was rund um das ETSI und die Cybercrime-Initiative des Europarats Hierzukontinents im Schwange ist, sollte nicht überraschen. Backgrounds wie immer in der Infobase http://www.quintessenz.org -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- WELLINGTON, New Zealand -- It was supposed to be an easy bit of legislation to reflect the advance of new technologies. But a soft approach to changes to computer hacking laws in New Zealand has failed. Now the proposed changes are under intense scrutiny Researcher Nicky Hager, author of the 1996 book Secret Power about the existence of the Echelon surveillance network, argued in New Zealand's Sunday Star Times newspaper that planned extensions to New Zealand law, when taken together, have the same effect as Britain's controversial Regulation of Investigatory Powers Act. And Hager says the proposed laws have their genesis in an FBI-led meeting on surveillance laws in 1993 that New Zealand representatives attended. The first proposed change is an amendment to New Zealand's Crimes Act, which would make it illegal to access a computer system without authorization. But the amendment would exempt New Zealand's law enforcement and security agencies, working with appropriate authority. This amendment also extends the definition of "private communication" to include not only oral communication but also e-mail, faxes, and message pagers. The second phase of the changes will be amendments to the Telecommunications Act, expected to go before parliament next month. That proposal would require telecommunications network operators to ensure their networks are capable of being intercepted. The minister sponsoring both pieces of legislation, Paul Swain, introduced into New Zealand's parliament the amendment that would outlaw hacking. "We need this legislation to protect the privacy of law abiding New Zealand citizens," he said Thursday. "Just as it is not cool or clever for a criminal to break into someone's home or workplace, it is not cool or clever to break into some one's computer." ... But even though a majority voted for the bill to go to the select committee, there is no chance it will pass without debate. One group of lawmakers, the parliamentary Green Party, wouldn't even support the legislation's referral to a committee. Green MP Keith Locke says his party sees the anti-hacking legislation "as a fig leaf to cover the main purpose of the bill: to allow snooping by the security agencies and the police." ... Hager's article suggests the new legislation would allow a permanent "interception interface" to be built into every Internet and phone company's system, which could be remotely controlled by intelligence and police agencies. The major opposition party, the National Party, latched onto this. "What I am concerned about," National's Tony Ryall said, "is the government having a permanent line into every Internet service provider in this country. And the reason why I am concerned about that is that this government can offer no guarantee that those lines will only be used for authorized and warranted purposes, because privacy is at stake." New Zealand's Act Party also has reservations about the law. Stephen Franks, the party's spokesman on justice and commerce, is adamant that he'd want to ensure that the government sticks to its proposals to leave traditional safeguards for interception warrants in place. "They shouldn't be allowed to do routine monitoring of traffic," Franks says. ... According to David King, manager of telecommunications policy at the Ministry of Economic Development, the proposed changes to the Telecommunications Act are also a result of advances in technology. The police are unable to intercept calls on digital mobile networks and have pushed for the changes to require network operators to make their networks and any encrypted messages capable of interception. Hager has argued this might mean new provisions to force people to hand over passwords and encryption keys. The Act Party, Stephen Franks says, will look closely at anything that forces people to facilitate interception. ... The man who looks out for New Zealanders' privacy, New Zealand's independent Privacy Commissioner Bruce Slane, has serious concerns about the powers the proposed legislation could give police. "I'm concerned that proposal should not establish search warrants as legal authority for remote access to computers ... a sort of 'police hacking' provision," says Slane. "I consider that the exception should be limited to having access to computers on premises which the police have entered pursuant to a search warrant." "If the exemption were to enable the police to have access without ever having entered the premises, it would be an entirely new surreptitious means of carrying out investigations which would carry worrying privacy and accountability issues," Slane said. A new set of safeguards to govern the practice would need to be developed, he added. ... The Internet Society of New Zealand is keen to discuss the issues the proposed legislation has raised and plans to hold a forum early next year to do it. The society supports the proposed legislation that would make hacking illegal, according to Frank March, the secretary of ISOCNZ. ... Nicky Hager's article has ensured that passage of the legislation will not be a mere formality. The Law and Order Committee, which must consider the legislation, has until the end of May 2001 to scrutinize the amendments to the Crimes Act. Hager's article had suggested that the legislation would be pushed through the committee stage in just a few weeks. Rank-and-file Labor members, annoyed at a lack of consultation, helped ensure this legislation did not face a truncated committee process. Nonetheless, Hager remains skeptical about the scrutiny. "The trouble is that when the government has committed itself, internally before the issues are even made public it's much harder to make them change their minds. However, I don't think they have appreciated at all how big the public reaction may be," Hager said. ... Volltext http://www.wired.com/news/politics/0,1283,40230,00.html -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- World-Information Forum 24 11 2000 Technisches Museum Wien http://world-information.org/html/site_index/index.htm -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- edited by Harkank published on: 2000-11-17 comments to [email protected] subscribe Newsletter - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- 
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