Dean Jacqui: Telecommunications (Interception Capability and Security) Bill — Third ReadingText is subject to correctionDean Jacqui: Telecommunications (Interception Capability and Security) Bill — Third Reading[Sitting date: 05 November 2013. Volume:694;Page:14329. Text is subject to correction.]JACQUI DEAN (National—Waitaki): The Telecommunications (Interception Capability and Security) Bill has two key elements in it: it modernises the existing requirements for telecommunications companies to assist with interception and it introduces a formal framework to protect network security. These two elements are reinforced by a robust framework to ensure compliance with them—and that is it. The bill replaces the existing Telecommunications (Interception Capability) Act which was passed 9 years ago by the then Labour Government. The bill under consideration—in its third reading today—updates the legislation to reflect the changing structure of our telecommunications industry and to ensure that our interception regime stays current with technological changes. Providing telecommunications providers with greater certainty and transparency about their security obligations helps to minimise compliance costs and ensures a flexible workable telecommunications security system. The telecommunications industry as a whole benefits from each operator having certainty about their security obligations.I will now say just a few words about what this bill does not do. This bill does not change the existing safeguards to protect people’s privacy. This bill does not change in any way the authority of agencies to intercept telecommunications. This bill does not require data to be stored or stored data to be disclosed. This bill relates only to real time live interception as does the current Act which was brought to the House and passed 9 years ago by the then Labour Government. Under the existing Telecommunications (Interception Capability) Act network operators already carry out interception when this is required by a warrant or other lawful authority to assist the police in solving crime or the Security Intelligence Service or the Government Communications Security Bureau (GCSB). That all happens under the existing Telecommunications (Interception Capability) Act which was brought in 9 years ago by the then Labour Government.The bill reduces the obligations on some network operators mainly at the wholesale level the infrastructure level and network operators with fewer than 4000 customers to have the capability—and by that is meant the expertise and equipment—to intercept the telecommunications on their network and their telecommunications services. Again this is already the case under the current legislation. Network operators will continue to have a duty to assist when presented with a warrant or other lawful authority tointercept. The House should remember exactly why the police might want to intercept communications. Quite simply that might be to solve a crime. Further the bill makes clear that the existing requirement for service providers to assist with an interception operation when presented with a warrant or other lawful authority to intercept applies to companies whether they are based in New Zealand or overseas where their services are available in New Zealand.The bill will require the GCSB and network operators to work cooperatively with each other in identifying and addressing network security risks and that is to happen as early as possible. This will mean that network operators will be required to engage with the director of the GCSB on the design build and operation of their networks where this may pose a risk to New Zealand’s national security. The process for network operators to follow after a risk is identified by the GCSB is set out in a specific risk identification and response process. Network security is important to ensure that networks are kept safe from unauthorised access or the unauthorised copying altering or diverting of data. The network security framework is a preventative regime built on a partnership approach. The bill does not give the GCSB the power to direct approve or veto network security decisions. Its role is to identify risks and to advise the network operator. Where the GCSB believes a significant risk to national security is raised it can recommend to the Minister responsible for the GCSB that they issue a direction.Finally I want to commend the officials who worked on this bill. I did not get a chance in the Committee stage which is normally the process in the House but I do want to commend the officials who gave good service to the Law and Order Committee for their utter professionalism. They answered every question that was posed to them from every member. They were incredibly patient in what is quite a technical field and again I want to just thank them for their expertise and for their professionalism. This is a good bill and I recommend it to the House.