IAA Newsletters

IAA’s policy team have had another busy month, meeting with regulatory bodies and NBN Co mostly to reinforce IAA’s position within Australia’s Internet industry landscape. We’ve also engaged in consultations that are of relevance to our members, and prepared an educational guide to assist members in complying with new critical infrastructure obligations.

Recent submissions:

Discussion Paper – NBN Co Revised SAU Variation Proposal | NBN Co
The IAA policy team continued its involvement in the revised Special Access Undertaking after the NBN Co’s withdrawal of its previous proposal in late July. In this process, we participated in the industry forum, as well as met with the ACCC and NBN Co to express our concerns and seek greater clarity on the proposed SAU. In our response, we noted that although the Discussion Paper suggested the SAU was stepping in the right direction, lack of transparency seems to be a key issue. In particular, as NBN Co indicates that trade-offs will be necessary between service standards, and price to RSPs, we emphasised that NBN Co must be transparent in these decisions and seek industry collaboration to better inform their decisions. We will continue to be involved in this process as NBN Co seeks to lodge its revised SAU to ACCC by the end of the year.

Stage 2 Review of the Model Defamation Provisions – Part A | COAG
We also continued to be involved in the review of the model defamation provisions, with Stage 2 reflecting perspectives and suggestions made by IAA during the Stage 1 consultations held last year. IAA continued to argue for a statutory exemption to apply to ISPs, recognising that telcos are not involved in the content layer of the Internet and therefore should have assurance that they will not be liable for defamatory material published online. We’ve also argued that DNS registries, registrars and DNS cache operators should not be liable for the domain names people (registrants) register. 

Open submissions:

Exposure Draft—Telecommunications Legislation Amendment (Statutory Infrastructure Providers and Other Measures) Bill 2022 | DITRDCA | 30 September 2022
The Department of Communications is seeking feedback on proposed amendments to the Statutory Infrastructure Provider regime. The Bill indicates changes to various telecommunications laws to enhance the operation of the SIP regime. Overall, IAA approves of the principles and objectives guiding the amendments and will seek greater clarity on areas that require further explanation.

Industry Codes of Practice for the Online Industry (Class 1A and Class 1B Material) | 2 October 2022
Industry representatives have collaborated to draft the Industry Codes relating to Online Safety for the different sections of the Internet sector. This approach recognises the unique functions and roles of the various sections and thus the different responsibilities that should apply. IAA will predominately respond to Schedule 7 for Internet Carriage Services and make recommendations that will better ensure an appropriate balance between protecting end-user safety online, cost and limiting unnecessary burdens for ISPs.

5 Year Productivity Inquiry: Australia’s Data and Digital Dividend | Productivity Commission | 7 October 2022
The second interim report for the Productivity Inquiry has been released, focusing on data and the digital economy in Australia. The Commission has made various recommendations, including changes to government funding allocations for telecommunications services such as those within the Universal Service Obligation and Mobile Black Spot funding.

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Well, that was an action-packed month, wasn’t it! We started by catching up with pals at AusNOG, went on to launch our shiny new portal, and ended with a very real reminder about the importance of strong data security and privacy. The ongoing car crash that is the Optus data breach just keeps me glued to the coverage.

We may never find out the exact truth of what happened at Optus, but sadly it is entirely too credible that somebody, somewhere, allowed an unauthenticated API access to a very sweet honeypot from an unsecured network. I think we can all imagine the slippery slope of decision making that happened to enable this. It would have started with someone needing to build extensions on the database that holds the customer information, then someone needing to access it via an API, and then someone needing remote access to the API to change the colour scheme on something that used it, and hang it, this is just easier if I do this without credentials cos debugging is hard. Or some such. Which someone, somewhere, had authority (but not all the information) to allow… Err yeah. No. It really shouldn’t happen.

At the core of this is the question of why years old customer data still existed in this database, and why such important identifying information is even held at all. While people keep telling me the requirement sits in the credit management regulation and data retention legislation, it really does not seem justified, and nor does it seem reasonable that actual records such as passport, driver’s licence and medicare numbers are retained. The stern reminder for us as operators is that we need to examine the data we keep, why we keep it, and ensure our systems and processes for retaining it, managing it and removing it are sound: both at the technology and human levels. It also reminds us we need to have our data breach notification plans ready, and appropriate to the storm of excrement that will come down if it gets out. What should and would we do to make good to our customers if data were to leak?

On top of this sits how the government will react to the relatively low fines that sit within the Australian privacy legislation, especially when compared with the European GDPR. It has already flagged changes to the various cybersecurity obligations. It is certainly an area we will watch with some concern, both for over-regulation and to provide assistance to members in compliance when it inevitably appears (see our new paper on the Asset Register compliance, for an example).

As consumers, we also must push back on handing this data over in the first place, and sadly a lot of us will have to go through the hideous process of dealing with our own data that has, or simply may have, leaked in this breach. For some people, the ramifications of their home address leaking can be utterly serious indeed.

On that note, I will assure you all that we have looked very carefully at the data model we hold for our own portal, and the security model in place. I have also commissioned a separate security review to ensure best practice. We don’t retain any credit card information, and we certainly don’t want your medicare number.

In the coming month, we will have the WA-IX anniversary and our AGM, with some fantastic speakers and representatives coming from our early WAIA membership. The IAA team have also been working solidly towards producing this year’s annual report, and I am glad to see interest already in the event and in the board election. I hope to see you there.

All the best

Narelle Clark

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After all the effort the team has put in, we are just bursting to launch our new portal. As with any software project, there is more we want to do, but the critical piece has just been to turn it into a robust system on a platform that is modular, extensible and – yes – one we can support into the future. The old one really has had its day, so we’re really looking forward to pulling the proverbial plug on it! Nick and Kyle have really put their hearts and souls into this, and the rest of the team, led by Tanz, have had us all (and I mean all!) grinding our way through relentless interface and system testing. While I’m sure something is bound to surprise us, we are very confident that the system will be ready for our September soft launch date and comms have just gone out to that effect. I’m sure you’ll all love the fresh new look, conveniently located useful tools, and a few long-needed features. All we ask is that you please be patient as we bed it down, and you get used to things being in different places. All feedback is genuinely welcome, and we are also putting in place a solid feature request system that will allow both the users and the IAA team to prioritise updates and changes.

I’m also pleased to announce we’re taking the plunge to 400Gbps ethernet switching. That’s another massive achievement from the team: completing exhaustive interoperability testing with our existing platform, configuring, misconfiguring and generally trying hard to push things to their limits! Of course, the current supply chain joys mean those of you desperate to cut over to 400Gbps interconnects with your nearest IX will have to wait a month or few, but rest assured our congestion management practices are strong and as soon as we can pop the new core into place, we will. In the mean time we’ll keep adding 100G links… and NSW-IX will be the first. We’ve chosen Arista as it offered the best performance of all the vendors we tested, with all the right acronyms in all the right places, frames and packets in order, yes sirree!

And that was the month, really… well actually, no. The tech team made the news with a case study published by one of our vendors – apparently we aren’t the only ones proud of such a neat design! We had a great online event on the topic of lawful interception, and even had a last-minute panellist join from one of the Agencies. We spent two days locked in a room reviewing the latest NBN Special Access Undertaking proposal, and we’re very keen to hear member thoughts on that topic. Amongst others, we’ve also dashed off another submission to Treasury who want to massively increase the fines (up to 30% of revenue) for telcos acting anti-competitively, noting the ridiculously short consultation window and that these fines could also apply more broadly under the Australian Consumer Law. Just what we need, eh?

I’d also like to extend a big thank you to Spectrum Networks for giving us the extra space we needed in Sydney’s Global Switch. While now at an end, we do appreciate the hospitality we’ve had for what must be nearly a decade of service. Members are the life blood of our organisation, and those that act generously in the spirit of industry co-operation allow us to expand cost effectively, or test out new sites for viability without burning the budget. You really are the gems that make our industry sparkle! IAA operates on a blend of commercial and donated services, all in the spirit of making the Internet better, and we are all better for it. Thanks again, Spectrum Networks!

See you all at AusNOG folks, and don’t forget to say ‘Hi!’ to our latest IAA Systers.

Narelle

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Some of you may remember from our newsletter articles and social media posts that we worked with ZPE to upgrade our Out of Band network (OOB), by installing 35 Nodegrid Gate Services Routers and two Net Service Routers. ZPE wrote a case study on our OOB project: Reliable Internet Exchange Infrastructure: Building a Sustainable IXP Network for the Internet Association of Australia and an accompanying  blog post, which are both now available to read.

The upgrade of the OOB came as our existing hardware reached end of life, and we required a new system that could give us true lights-out management and enable us to keep our infrastructure reachable and under control when the inevitable bad things happen.

Like any OOB network, the new system enables remote upgrades to network switches and servers, with the ability to remotely recover from failed upgrades, configuration problems and human error; this one has just a few extras, such as a good tool set for local packet capture and troubleshooting. With dual SIM cards on board and some other wired access, we should be reachable in the darkest of moments. The easy set-up meant Aaron had it all done and dusted across all of our sites in record time, too! It’s another job well done.

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The Public Policy team has continued to be busy this past month. From participating in a panel on Lawful Interception to attending an industry forum on the revised Special Access Undertaking from NBN Co, while also keeping on top of the various consultations that are currently underway.

Shortly after the IAA event regarding Open LI, which included the IAA Policy Officer’s brief introduction to Australian lawful interception obligations, there have been some changes made, meaning the Telecommunications (Interception and Access) Act will now be overseen by the Attorney-General’s Department. The Department of Home Affairs will now only oversee the use of interception powers by ASIO.

The Department of Home Affairs has been asked by the new Labor government to revisit the 2020 Cyber Security Strategy in the context of the contemporary growing threat landscape. One of the criticisms of the previous strategy was that it failed to take on industry recommendations and lacked wider industry collaboration, and this is said to be a focus of the revamped approach. A timeline for the update has not yet been announced, but we look forward to participating in the consultations once they begin, as developments in cyber security and critical infrastructure have increasingly been focused on the telecommunications sector.

The Minister for Home Affairs also recently designated 82 of the nation’s most critical infrastructure assets as ‘systems of national significance’ (SONS), activating powers that were granted to the Minister under recent critical infrastructure legislation. The designated assets, including some from the communications sector, may now be subject to heavier obligations. Under law, these assets also cannot be publicly named as being a SONS.

On that note about critical infrastructure, remember that as a carrier or CSP, you will need to report operational information to the Register of Critical Infrastructure by 7 October 2022!

Check out our work from the past month as well as responses we are working on for the month(s) ahead.

Recent Submissions:
Treasury Laws Amendment (Competition and Consumer Reforms No. 1) Bill 2022 | Treasury | 25 August 2022

The Treasury has fast-tracked draft amendment to legislation that would see greater penalties for telecommunications providers who engage in anti-competitive conduct. Increased penalties could be as high as 30% of a telco’s revenue, and the maximum penalty amount could rise from $10 million to $50 million. The explanatory note claims the increases are to ensure they are a sufficient deterrent to larger telco providers.

In our response, IAA supported the commitment to ensuring providers do not engage in behaviour that is anti-competitive, but raised our concerns with the extremely short notice and consultation period (only 1 week!), as well as the lack of explanatory justification provided for an amendment of this scale.

 

Open Submissions

Revised NBN Co SAU Variation | NBN Co | 2 September 2022
Following its withdrawal of the Special Access Undertaking Variation proposal in July, NBN Co has released its revised SAU and is seeking feedback. Many changes have been made, such as to pricing structure, service standards and the ACCC’s powers, reflecting feedback on its previous proposal and the last SAU. The ACCC also held a two-day industry forum which IAA attended, and the team is committed to continuing to engage in this area of importance to our members.

Stage 2 Review of the Model Defamation Provisions | COAG | 9 September 2022
This stage of the review of the Model Defamation Provisions will focus on Internet intermediaries and what level of liability intermediaries should have for third-party publication of defamatory material online. A workshop will be held in early September by the NSW Department of Communities and Justice which is coordinating the consultation. We will continue our strong advocacy that ISPs providing vanilla internet access should not be liable for defamation by users.

5-year Productivity Inquiry: Australia’s Data and Digital Dividend | Productivity Commission | 7 October 2022
The second interim report for the Productivity Inquiry has been released, focusing on data and the digital economy in Australia. The Commission has made various recommendations, including changes to the government’s funding allocations for telecommunications services, such as those within the Universal Service Obligation and Mobile Black Spot funding.

 

 

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