Prosser Richard: Telecommunications (Interception Capability and Security) Bill — First ReadingText is incorporated into the Bound VolumeProsser Richard: Telecommunications (Interception Capability and Security) Bill — First Reading[Sitting date: 08 May 2013. Volume:689;Page:9702. Text is incorporated into the Bound Volume.]RICHARD PROSSER (NZ First): I rise on behalf of New Zealand First to take a short call on this bill the Telecommunications (Interception Capability and Security) Bill. New Zealand First understands and accepts the realities that have made this billnecessary. We give notice to the House and to the Government that we will be supporting it at least going to the Law and Order Committee at this stage. I will stress however that our support is conditional on the concerns that we have being addressed and on there being sufficient oversight and safeguards put in place so that the rights and freedoms of New Zealand citizens and residents are not jeopardised or disregarded in the execution of the powers that this bill encompasses.This bill as stated in the general policy statement “repeals and replaces the Telecommunications (Interception Capability) Act 2004.” The year 2004 was relatively recent in some regards but is a very long time ago indeed by some other measures. Technology marches on all the time at an exponentially increasing pace and legislation must be able to be updated and improved in order to recognise advances in technology and in the technical field. In addition to this the commercial landscape has altered dramatically since 2004. Telecom as a single company has nowhere near the market dominance it enjoyed nearly a decade ago. There are more players in a telecommunications environment that is very much different from that which the 2004 Act sought to address. There are more players there are more networks there are more devices and the manner and volume of data and information being transmitted are very much greater.This bill covers two main issues: interception and network security. The network security aspects are largely technical in nature and deal with how the telecommunications sector and the companies operating in the telecommunications sector are to actually operate in relation to interception warrants. These technical aspects relate to the operation of the networks and the examination and collection of information and data both through and from various network devices—matters that as I alluded to earlier are subject to rapid technological change.The nature of individual and commercial use of networks and of network devices is also changing and it is this usage that by the very nature of its usefulness makes companies as well as governmental agencies vulnerable to exploitation through them. Essential service providers both public and private may be subject to eavesdropping and cyber-attacks with the potential for intellectual property to be usurped and the possibility that essential services to individuals and companies may be compromised. New Zealanders deserve to be protected from such potential threats and as such it is necessary that the legislation governing the interception of electronic communications is able to be updated as required as the terrain of the cyberenvironment evolves.Interception itself remains almost a separate issue and is also dealt with in this bill. Warrants granted under the auspices of this bill to the police the SIS and the Government Communications Security Bureau will need to adhere to and provide sufficient regard for the rights and civil liberties of New Zealanders. There will need to be sufficient oversight of these warrants and the authority under which they are granted.The general policy statement states that “The main objectives of the Bill are to ensure that the interception obligations imposed on the telecommunications industry are clear and reflect the changing telecommunications industry structure do not impose unnecessary compliance costs and are sufficiently flexible to match today’s operational needs and future technology developments;” and furthermore “that network operators are obliged to engage with the Government on network security matters where they may raise a risk to New Zealand’s national security or economic well-being inform the Government of network decisions that may be of particular national security interest and work with the Government to apply any required risk-based and proportionate security measures.”If these objectives can be met and at the same time the freedoms rights and civil liberties of New Zealanders can be assured then New Zealand First has no issue withsupporting this bill. We do have some of the same concerns as the Labour Opposition but they have to be balanced by the knowledge that threats can develop and evolve very rapidly and may well be home-grown. In closing I would reiterate that New Zealand First’s continuing support for the bill will be conditional on these concerns being examined and satisfied. New Zealand First will support this bill going to the select committee at this stage. Thank you.