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IAA ELECTION WISH LIST

IAA is committed to working with the Australian government to improve the security and growth of our sector, and Australia more broadly. To this end, we wish to see coherent, consistent, and commensurate regulation and policies to support the operation and use of the Internet in Australia.  

REBUILD INDUSTRY-GOVERNMENT TRUST
Trust has suffered in the relationship between government and the internet industry over successive parliaments enacting intrusive legislation and regulation.

  • Reduce the number of government bodies regulating the telco sector – Dept of Communications should be the interface for consultation and regulatory change
    The sector has seen a proliferation of regulatory bodies and federal departments to deal with; this means duplication, inefficient consultation and unclear regulation.
  • Meaningful consultation by government bodies, and prior to legislative proposals
  • Stop the rushed regulatory processes
    Legislative reviews have been completed in extremely short time frames, with limited change after consultation and review processes.
  • Improve review process for interception review: do the agencies understand the principles and practices of legal intercept?
  • INSLM recommendations implemented
    The Independent National Security Legislation Monitor made numerous well-founded recommendations after reviewing the TOLA legislation.
  • Industry impact assessments prior to new legislation/regulation
  • Internet impact assessments prior to new legislation/regulation
    A formal process to assess the impact of new legislation that properly examines the impact on the internet and the industry would aim to strengthen the internet as a platform for innovation.

IMPROVED ACCESS TO MARKET FOR SMALL ISPs
Small internet Service Providers do not generally have the capacity to implement complex regulation, and in many cases regulation is aimed at larger players. Clearer exemptions need to apply.

  • Reduce barriers to market for small ISPs
  • 121 POIs are too many for small ISPs to access, fewer POIs
  • Reduce the regulatory burden of critical infrastructure and related regulation

IMPROVE NBN PERFORMANCE
The NBN should be a platform for open competition but suffers from structural inefficiencies and serves to reinforce market concentration in the bigger players.

  • Get rid of NBN CVC
  • Enforce TIO rulings on underlying carriers (where the infrastructure provider has an issue, but the RSP incurs the fine or remedy)
  • NBN service performance improvements (in the face of competition from 5G and Starlink and growing consumer and business demand)
  • Improve NBN cost efficiency
  • Ensure flat or minimal increase in NBN charging
  • Create sustainable low-income measures for NBN services

BETTER INTERNET FOR RURAL AND REGIONAL AREAS
Regional network subsidies have favoured large mobile network operators rather than the broader industry. Grant processes are cumbersome and are not geared to support smaller players.

  • Focus on long term critical infrastructure: ducting, power, backhaul
  • Improved access for regional IXPs to facilities and backhaul at reasonable prices
  • Open access to infrastructure that has been created by government subsidy or USO
  • Easier access to grants for infrastructure provision for the wider industry
  • Encouraging incentives and funding that encourage industry to build connectivity to regional and rural Australia

COMPREHENSIVE STRATEGY TO AMELIORATE SKILLS SHORTAGE
The pipeline for skilled labour is fundamentally broken and is not producing sufficient numbers of skilled people at all stages of the education lifecycle.

  • End-to-end plan to improve skills supply for Australia addressing technical education from early education to ongoing industry training
  • Long term solutions to ensure a sufficient pool of talent and skills in Australia that is resilient to external factors

Issued: 5 May 2022

April’s Advocacy Corner Update

Completed Submissions

Telecommunications Sector Security Instruments | Department of Infrastructure, Transport, Regional Development and Communications | 29 March 2022
The DITRIC has drafted new conditions and rules for carriers and CSPs to apply equivalent security measures for the telecommunications sector to those under the Security Legislation Amendment (Critical Infrastructure) Act 2021 which is currently in place for other sectors. Our response predominantly commented on the breadth of scope which would impose unnecessary burdens and substantial costs on industry, and the lack of clarity provided in the instruments regarding the definition of key terms. 

Digital Platform Services Inquiry – September 2022 Report | ACCC | 1 April 2022
This inquiry is part of the ACCC’s five-year Digital Platform Inquiry for its September 2022 Report and follows the release of its fifth interim report. In our response, we focused on the need to ensure appropriate regulation over the digital landscape which fosters competition in the industry as well as improve the protection of consumers.   

Consumer Data Right Rules and Standards Paper for the Telecommunications Sector | Department of the Treasury | 5 April 2022 
Following the formal designation of the telco sector earlier this year, the federal Treasury has sought input for the development of rules which would apply to the sector. In general, we raised concerns about the disproportionate costs for industry and supported the introduction of a limitation threshold to provide exemptions for smaller organisations.  

Open Submissions  

NBN Co Special Access Undertaking – Long Term Revenue Constraint Methodology draft determination 2020-21 | 13 May 2022
The ACCC is seeking input to assist their assessment of whether NBN Co has complied with the criteria for their annual LTRCM determination. 

Independent Review | Telecommunications Industry Ombudsman | 15 May 2022
Public consultation for the Telecommunications Industry Ombudsman (TIO) is currently underway as part of its independent five-year review. The consultation is seeking feedback from industry in regard to the TIO’s accessibility, fairness, accountability, efficiency, effectiveness and land access (amongst other concerns). 

National Data Security Action Plan Discussion Paper | Department of Home Affairs | 10 June 2022
The Department of Home Affairs has released a discussion paper for consultation on the development of the National Data Security Action Plan. 

Please get in touch at policy@internet.asn.au to share any concerns or feedback we can incorporate into our submission for these open consultations.

Public Policy Advisory Panel Meeting

The newly formed IAA Public Policy Advisory Panel (PPAP) had its first meeting on 14 April 2022. After an initial round robin, the panel began road-mapping future goals and plans for IAA’s advocacy team, discussed IAA’s draft Public Policy Principles and 2022 Election Wish List, and outlined upcoming consultations IAA will be involved in. It was a great opportunity to meet the panel members, and the IAA advocacy team greatly benefited from the panel’s insights coming from a wide range of backgrounds and experiences.  

The IAA Public Policy Principles are a set of guiding principles that reflect IAA’s values and will shape the work and responses of IAA’s advocacy team. The 2022 Election Wish List will be taken to political representatives in the lead up to the upcoming federal election to share our thoughts on the issues that permeate the sector. Both documents have been revised following the meeting and are awaiting the board’s approval.  

The Advisory Panel will meet quarterly and discuss issues facing our members and the internet sector of Australia more broadly and will assist IAA’s advocacy work in the sector. We look forward to continuing to work with the Advisory Panel and once again express our gratitude for their time and effort. 

Meet the new Members of our PPAP

We are extremely pleased to announce and welcome the approved members of our new Public Policy Advisory Panel! We are very fortunate to have a diverse range of professionals coming from all sorts of different backgrounds including small-medium regional CSPs, international policy, government bodies and large CSPs. 

Meet the members:  

Eric Ericson
Eric brings extensive experience in the telco sector, and in his current role as the Regulatory Affairs Advisor at Aussie Broadband Ltd, he is actively involved in engaging with regulators in this space.   

Pablo Hinojosa
Pablo has had a long history working in the development of policies and frameworks for the Internet in his day job with APNIC. In particular, he brings a regional (Asia-Pacific) and broader international perspective on internet policy.  

Holly Raiche
Holly brings a thorough knowledge of the legal and policy framework for the telco sector, having had extensive experience working in advocacy across the sector. Holly continues to teach communications law at university and sits on numerous ICANN and other policy panels.  

Naomi Wolfe
Naomi comes with experience working in both the public and private sectors. Having previously worked for the Australian Government in various policy and enforcement roles. Naomi is now at Cloud Earth Pty Ltd where she is the Assistant Director.   

Andrew Yager
Andrew’s background consists of many years in policy review and development in the telco sector. He currently works at Real World Technology Solutions where he drives most of their policy reviews and government submissions.  

We would like to say a big ‘thank you’ to all of our new panellists for their time and effort, and look forward to their inputs into our policy development. 

March’s Advocacy Corner Update

Completed Submissions

2022 Broadband Speed Claims Guidance Consultation | ACCC | 25 February 2022
The ACCC’s proposed updated guidance includes six principles regarding expectations for network operators, RSPs and consumers, and is part of ongoing periodic reviews by the Commission.  

We responded to the Commission regarding its 2022 Broadband Speed Claims Guidance. On the whole, we expressed our support for the principles driving the Industry Guidance but asked for greater clarification, and guidance to be provided, particularly for our members who are smaller RSPs.   

Review of the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 | Parliamentary Joint Committee on Intelligence and Security | 1 March 2022

Following consultations which closed in early February, the SLACIP Bill has been submitted to the PJCIS for review. We submitted our response to the PJCIS’ Inquiry into the Bill and particularly noted our grave concerns with the extreme speed at which the Department of Home Affairs is pushing the Bill, despite its inclusion of some potentially very problematic powers that will see businesses being required to download government software.  

Following our response, we were invited by the PJCIS to attend and provide evidence to their public hearing into the Review of the SLACIP Bill on 16 March, where we reiterated our concerns at the hearing. Their report on this has been released, and we are now assessing its impact. 

Code C661:2022 Reducing Scam Calls and Scam SMS | Communications Alliance | 11 March 2022
In our response to the updated Industry Code which expanded the code’s scope to include scam SMS, we expressed our general support for the draft code, but also raised some issues. In particular, we advised against the requirement to block originating numbers outside a CSP as it could greatly impede competition in the telco sector. We believe it should be sufficient that members validate the number ownership before routing given the dominance of certain players in the 13—  number space. 

 

Open Submissions

Security information obligations for carriers and eligible carriage service providers | Department of Infrastructure, Transport, Regional Development and Communications | 29 March 2022
DITRDC is requesting consultation on new Rules for carriers and carriage service providers to apply equivalent security measures for the telecommunications sector as under the Security Legislation Amendment (Critical Infrastructure) Act 2021 for other sectors. Under these new rules, essentially all carriers and carriage service providers will be subject to the obligations which include providing information to the Secretary of Home Affairs to be kept on a register, as well as mandatory incident reporting scheme. 

Consumer Data Right rules and standards design paper for telecommunications sector | Department of Treasury | 29 March 2022
The Treasury is seeking input into the Rules and Standards that have been developed following the sector’s designation in December 2021, with which we were also involved.  

Digital Platform Services Inquiry | ACCC and others | 1 April 2022
A coalition of regulatory bodies is embarking on an inquiry into Digital Platform Services. This inquiry is part of the ACCC’s five-year Digital Platform Inquiry and follows the release of its fifth interim report. The Discussion Paper considers and invites submissions as to whether the current competition and consumer protection laws are sufficient to address the harms identified in the inquiry.  

February’s Advocacy Corner Update

Completed Submissions
We’ve had a busy month in February, responding to four consultations, three of which were for the Minister of Home Affairs! 

Draft Rules Register of Critical Infrastructure & Mandatory Reporting Scheme | 1 February 2022 
These Draft Rules would introduce additional security obligations for select industry members who are deemed as critical infrastructure assets. In our response, we emphasised the need for a measured approach that will reduce the obligatory burdens for businesses on behalf of our members in the domain name system and data processing or storage sectors who could become subject to the new rules. 

Exposure Draft Security Legislation Amendment (Critical Infrastructure Protection) Bill | 1 February 2022
This Bill, forming part two of the Security Legislation Amendment (Critical Infrastructure) Act enacted in December 2021 would introduce a Risk Management Program and enhanced security obligations for industry members. We requested that thresholds and definitions be clearly and appropriately regulated to ensure only necessary entities will become subject to the likely burdensome obligations under the new Act. 

Electronic Surveillance Framework Discussion Paper | 11 February 2022
In addition to the joint organization letter, we responded to the proposed major overhaul of Australia’s electronic surveillance system, particularly on behalf of our members. In our response, we focused on the potentially adverse impacts, particularly for smaller businesses as well as advocating for the broader public interest in ensuring government powers remain balanced and subject to appropriate oversight. 

Telecommunications Service Provider (Customer Identity Authentication) Determination 2022 | ACMA | 15 February 2022
Following our submission to the Customer Identity Authentication Determination last December, ACMA has invited us for further consultation on the revised Draft Determination along with other targeted stakeholders. We responded to their queries regarding existing systems on behalf of our members and requested greater time to be provided to businesses prior to the Determination coming into effect so that members can implement the requisite systems and processes. Furthermore, we opposed the inclusion of the Determination into the revised Telecommunications (Listed Infringement Notice Provisions) Declaration following its sunset in April 2022. We expressed it would be unfair to impose penalties on entities for failure to comply with new systems in the near future whilst systems were still being implemented. 

 

Open Submissions

2022 Broadband Speed Claims Guidance Consultation | ACCC | 25 February 2022
ACCC is seeking to review its Broadband Speed Claims – Industry Guidance 2020 (Guidance). This updated Guidance includes six principles regarding expectations for network operators, RSPs and consumers, and is part of ongoing periodic reviews by the Commission.  

 

Recent Submissions – December 2021 and January 2022

The ACCC will extend the expiry date of the wholesale ADSL (WADSL) service until 30 June 2024. IAA commented on this consultation in September 2021. We advocated for the WADSL to be extended as it is still used in regional areas where competition remains weak and Telstra operates its copper network without much alternative. The ACCC referenced IAA’s submission in their Final Decision paper.

SBAS Access Determination Inquiry | ACCC
IAA responded to the Superfast broadband access services (SBAS) access determination inquiry Discussion Paper in December. In our submission, we advocated that the Regional Broadband Scheme levy should be absorbed by SBAS providers instead of being passed through to RSPs and users. We also argued that SBAS and FAB providers should disclose key network service quality/reliability metrics to RSPs.

Telecommunications Draft Determination – Consumer Data Rights | The Treasury
After conducting a Telecommunications Sectoral Assessment last year, the Department of Treasury decided to recommend the telco sector be designated for the CDR. In December, we commented on the Draft Designation, wherein we pointed out that the cost of implementing and running the CDR, especially for smaller telecommunications providers, is excessively high in comparison to the benefits. We also flagged the importance of a clear demarcation point of the threshold for telco providers captured by CDR, as this can provide certainty for industry.

Customer Identity Verification Determination (CIV) 2021 | ACMA
ACMA introduced a determination which seeks to impose multi-factor authentication (MFA) requirements on CSPs for all customer interactions at high-risk of fraud. We responded to this determination in December. A code released by Comms Alliance covered similar ground to the Determination, but provides CSPs with much more flexibility on how to meet the requirements. In our submission, we extended our support to measures CSPs can implement that reduce customer fraud, however, argued that for smaller CSPs, some MFA and reporting requirements may be difficult to meet.

Privacy Act Review | Attorney General’s Department
The Attorney General’s Department is conducting a review of the Privacy Act 1988 which seeks to expand the scope and application of the Act and how it is regulated and enforced. As part of its review, the Department released a Discussion Paper looking at the expansion of definitions to include greater types of technical data, consider the appropriateness of exemptions including for small businesses, and the introduction of a direct cause of action and statutory tort. We advocated for the development of an effective and practical privacy regime which balances the legitimate commercial need of businesses to monetize the data they collect whilst also protecting the rights of individuals to maintain privacy and control over their data.

 

Open Submissions

Draft Rules Register of Critical Infrastructure & Mandatory Reporting Scheme | 1 February 2022
Following the amendment of the Security of Critical Infrastructure Act 2018 (SOCI Act) in December 2021, the Minister is proposing to apply additional security obligations, including requiring certain new assets to provide operational and ownership information to the Register of Critical Infrastructure Assets, and the introduction of mandatory cyber incident reporting. The telecommunications sector will not be deemed subject to these obligations, as opposed to the initial recommendations and proposals. However, the Rules will apply to asset classes including broadcasting, domain name, and data storage or processing.

Exposure Draft Security Legislation Amendment (Critical Infrastructure Protection) Bill | 1 February 2022
The Exposure Draft proposes further amendments to the SOCI Act. This Bill is part two of the Security Legislation Amendment (Critical Infrastructure) Act enacted in December 2021. It will introduce a Risk Management Program and enhanced security obligations. IAA will respond regarding concerns about the expanded powers that would give the Minister the ability to privately declare an asset as of national interest which would increase the requirements and burdens on deemed businesses.

Electronic Surveillance Framework Discussion Paper | 11 February 2022
The Department of Home Affairs is embarking on an overhaul of Australia’s electronic surveillance framework. This review would repeal the various legislation which currently contains powers to create a comprehensive framework. Whilst IAA supports the harmonization of regulations to replace the current complex and inconsistent regime; there are concerns that the new framework will be overreaching and excessive.

More Policy News

The Attorney General’s office will be concluding its public hearing on the Social Media (Anti-Trolling) Bill 2021. This Bill addresses the High Court decision in Fairfax Media Publications v Voller [2021], which saw Australians who maintain a social media page may be liable for defamatory comments posted on their page by others to provide some protection from defamation liability.

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