The policy team continues to work hard to represent members in important legislative and regulatory reform processes that is sure to impact the Internet industry. Please get in touch to share any thoughts on any open and previous submissions; we always appreciate your feedback.

Completed Submissions

2023-2030 Australian Cyber Security Strategy | Department of Home Affairs

The Department of Home Affairs and the Strategy Expert Advisory Board sought feedback on the 2023-30 Australian Cyber Security Strategy Discussion Paper.  Our response primarily focused on the need for greater genuine engagement and collaboration to ensure a truly effective approach to cyber security. In the context of increasing regulatory requirements for the telco sector in relation to data security, critical infrastructure and privacy, we emphasised the need to harmonise and simplify the current policy landscape for an effective and efficient strategy that combats the threats and risks to Australia’s cyber security.

Final Access Determination (SBAS) | ACCC

The ACCC released its Exposure Draft to the Superfast Broadband Access Service Final Access Determination. This draft instrument was based on the ACCC’s decision released in October 2022, with limited incorporation of stakeholder feedback to the consultation held during December 2022. Our response reiterated our positions stated in our response during the December consultation, including the extension of the Determination to cover all residential TC-4 speed tiers at NBN Co pricing, and regarding NNI and state based aggregation charges. We also recommended the Determination to expressly set out prohibition to on-charge RBS.

Open Submissions 

Draft Decision: Variation to the NBN Co Special Access Undertaking (Nov 2022) | ACCC | 30 May 2023

The ACCC has released its draft decision to reject the proposed NBN Co SAU Variation. It is seeking views on its draft decision, and whether providers would accept a NBN Co SAU variation proposal based on NBN Co’s letter in response to the issues raised by the ACCC.

Although rejecting the SAU overall, amongst other things, the ACCC has indicated it is willing to accept the price increase for the 50/20 Mbps speed tier.

If you would like to review and respond to the ACC’s draft decision, submissions close on 30 May 2023.

You may have noticed our email earlier this month about the APNIC EC Election. But what exactly is APNIC and why does it matter to you? 

APNIC (Asia Pacific Network Information Centre) is the Regional Internet Registry (RIR) for the Asia Pacific Region. It is one of 5 such registries across the world. RIRs manage the allocation and registration of Internet number resources (IP addresses and Autonomous System Numbers) in their respective regions. Nothing gets on the Internet without an IP address connected to an Autonomous System, and each must be unique, though we have ways of sharing them given the number of devices connected to the Internet now exceeds the number of IPv4 addresses. 

Through this technical coordination, RIRs play a very important role in supporting the infrastructure of the Internet, as well as in Internet Governance. As independent, not-for-profit, and member-based organisations, RIRs operate for the benefit of the wider Internet community.  

In recent times, the global Internet community has witnessed other RIRs struggle to operate particularly in the context of the fight over limited IPv4 addresses. As the Internet continues to evolve to heights much greater than anyone imagined at its conception with more and more people jumping online, protecting the sound management of Internet resources and promoting Internet policies is critical to ensure the resilience and continued growth of the Internet.  

Although the overarching Number Resource Organisation (NRO) serves as a coordinating body for the 5 RIRs, each RIR distributes resources according to its own policies that have been developed in its respective region via open, bottom-up policy development processes.  This bottom-up governance structure is to respect the autonomy of each region. As such, the constitution of the Executive Council (EC) of an RIR is very important to how it functions.  

With the voting for the APNIC EC election now open, IAA encourages all members who are also members of APNIC to utilise your vote carefully and wisely to ensure the protection of the Internet community. Voting closes 14:30 AWST (UTC +8) Thursday 2 March 2023.  

IAA’s public policy work has already kickstarted, holding the first PPAP meeting of 2023 this month. Although we were missing a few members, we still had lively discussions including an update on IAA’s public policy work since the fourth quarter of 2022, upcoming consultations on Internet policy issues, and even a debate on the need for a CSP registration scheme. 

We are always welcome to hearing our members’ thoughts and concerns on issues affecting the Internet industry, so please do share any comments you may have by email.  

Another busy month for IAA’s policy team as we work on responding to key submissions and holding the first Public Policy Advisory Panel meeting of 2023. As always, please feel free to share any concerns or comments regarding public policy areas affecting the Internet community. 

Completed Submissions

Proposed Variation to the NBN Co Special Access Undertaking | ACCC
Since withdrawing its proposed SAU in July 2022, NBN Co submitted its revised SAU proposal in November 2022. The ACCC is seeking views on whether it should accept the new SAU. While the latest SAU proposal definitely demonstrates some improvement, IAA still indicated some concerns primarily regarding its pricing model, and service quality and standards.

Digital Platforms: Government Consultation on ACCC’s Regulatory Reform Recommendations – Consultation Paper | Department of Treasury
Following the ACCC’s report on Digital Platforms in late 2022, the Treasury sought views on introducing new regulation based on the ACCC’s recommendations. Our response primarily emphasised the critical importance of distinguishing ISPs from digital platforms as the ‘pipes’ of the Internet to ensure telco providers are not subject to any new regulations.

Record Keeping Rule – NBN Service Performance | ACCC
The ACCC held a consultation for a development of a Record Keeping Rule (RKR) for NBN Co’s service performance. The Consultation Paper also sought views on applying comparable regulation for SBAS providers. In general, IAA supported the development of RKRs for both NBN Co and SBAS providers to ensure transparency and accountability of the provision of NBN and SBAS services. RSPs are often blamed for service faults by consumers, but public reporting made mandatory by RKR can help increase awareness and understanding in the consumer base of underlying network issues affecting their services, and in turn, force NBN Co and SBAS to improve their service provision.

Open Submissions 

Copyright Enforcement Review 2022-2023 | Attorney General’s Department | 7 March 2023
The Attorney General is reviewing Australia’s copyright enforcement regime. Following recent court cases involving various ISPs and entertainment companies regarding website blocking, a review into Australia’s copyright regime seems indeed necessary to develop a more robust and efficient framework.

Privacy Act Review Report 2022 | Attorney General’s Department | 31 March 2023
Continuing its review since 2020, the Attorney General has issued its Privacy Act Review Report, seeking feedback on 116 recommendations. This Report follows recent high-profile data-breach incidents that occurred in late 2022, which brought to light major issues regarding Australia’s privacy framework. As data becomes increasingly commodified and important in today’s digital age, IAA is committed to contributing to the development of a privacy regime that is effective but measured.