[Peetwo]

AMROBA disgust -  

In response to this despicable IT story on CASA pushing for metadata access...  

Leopard & spots - UFB!

Here we go.. ..bloody Sociopaths can't help themselves:

Aviation safety body applies for 'metadata' access


CASA confirms that it wants ongoing access to telecommunications metadata
Rohan Pearce (Computerworld) on 04 December, 2015 13:10




The Civil Aviation Safety Authority has confirmed it has applied for ongoing warrant-less access to telecommunications ‘metadata’ under rules introduced by the data retention legislation.

CASA is in charge of Australian aviation safety regulation.

The latest annual report issued by the Attorney-General’s on the use of the Telecommunications (Interception and Access) Act 1979 revealed that CASA accessed telco metadata 11 times in the last financial year.

“CASA sometimes accesses telecommunications data when it conducts an investigation into whether a person contravened a criminal offence provision in the aviation legislation,” a spokesperson for the organisation said.

CASA was one of the 83 organisations that accessed so-called metadata during the 12 months to 30 June 2015.

In 2014-15, agencies authorised access to telco ‘metadata’ a total of 365,728 times, the report from the Attorney-General’s Department revealed.

The data retention legislation passed earlier this year pared back the number of organisations able to gain warrant-free access to metadata.
The new regime kicked in on 13 October.

The legislation initially restricted access to police and anti-corruption organisations, customs, the Australian Crime Commission, the Australian Commission for Law Enforcement Integrity, the Australian Competition and Consumer Commission, and the Australian Securities and Investments Commission.

There is provision for further organisations to be authorised, however, and the Australian Border Force has been added to the list.

The Victorian government recently revealed that it has sought metadata access for the state’s Racing Integrity Commissioner.

A parliamentary inquiry earlier this year recommended that the Australian Taxation Office be added to the list of authorised organisations.

CASA said it is also seeking access.

“Following the making of the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015, CASA applied to the Attorney-General’s Department for ongoing direct access to telecommunications data,” the organisation’s spokesperson said.

The government won’t reveal which organisations or the total number to have applied to be authorised to access metadata.


Read more Data breach notification scheme ‘long overdue’
However, an in-progress freedom of information request has revealed that the number is likely to be greater than 40.

  
Definitely Leopard & spots..Skidmore & 'Just Culture' my ass! 
 

The AMROBA response...

...Just when you think headway is being made and 2016 may bring about positive outcomes, a simple article in an IT magazine brings back the real truth.

CASA still has a fixation on policing and want permanent access to your metadata.

Worried, you should be, your privacy is being invaded.

Aviation regulatory reform has suffered from a drought of expertise for over 25 years and has actually reduced total participation through the biggest growth period of red tape and requirements that have overlaid criminal provision for the industry to comply with – most are unproductive. 

Over the last decade, the development of aviation safe requirements has changed from implementing international aviation ‘standards and recommended practices’ so aviation participants can, if they so wish, participate in the global aviation markets. We now have regulatory criminal provisions to comply with.

What is really being made is really Civil Aviation [Criminal] Safety Regulations designed so CASA can prosecute non-compliant industry participants. CA[C]Rs are addressing the criminal nature of all participants in the aviation industry. One would think we are participating in criminal activities against society.

We now know why CASA structures the regulatory requirement as criminal provisions. In a recent issue of Computerworld, an article written by Rohan Pearce 4/12/2015, identified CASA as accessing metadata to help prosecutions.

“The latest annual report issued by the Attorney-General’s on the use of the Telecommunications (Interception and Access) Act 1979 revealed that CASA accessed telco metadata 11 times in the last financial year.”

http://www.computerworld.com.au/article/590204/casa-applied-metadata-access/

Though the relevant Act was changed to exclude government departments & agencies such as CASA, this articles states that CASA has applied to have access. This really demonstrates the senior/middle management, including their legal department, attitude to regulatory development and enforcement.

The initial legislation restricted access to police and anti-corruption organisations, customs, the Australian Crime Commission, the Australian Commission for Law Enforcement Integrity, the Australian Competition and Consumer Commission, and the Australian Securities and Investments Commission. 

Is CASA Australia’s Aviation Regulator or does it have an internal vision of being like one of the above?

Australia has created aviation requirements that are being prosecuted by a Regulator with a fixation on policing breaches of the criminal provisions they have created.

Aviation safety cannot be regulated into people as aviation safety relies on the safety culture of participants.

If CASA need access to metadata for ‘criminal’ offense then the Feds should be handling the offense.

This sought of dampens all the PR from CASA about working with industry.

This is a big brother mentality that does not improve trust or confidence in CASA.

 

Rule-making is still failing

Mar 19 2015

The European Aviation Safety Agency (EASA) has this week published proposals for a modernised rule-making strategy based on slashing regulatory red tape and adopting modern outcome-based risk assessment principles. EASA’s name for this is “performance-based rule-making” (PBR).

As a transnational regulator EASA is the centrepiece of the European Union’s strategy for aviation safety, says it’s Executive Director, Patrick Ky:

“EASA – that means the Agency and its sister national authorities – need to be prepared for the challenges ahead. With these changes, we will be more proportional, flexible and proactive to increase the level of safety in European aviation. I believe that although our proposals are ambitious they are also reasonable. There is nothing wrong with being ambitious about safety.”

Mr Ky was appointed in September 2013, and closed the organisation’s rule-making office a year later.  Ky’s explanation for the new strategy:

“If you have a rule-making directorate,” he explains, the director is judged on how many rules he makes, or how many existing rules he ‘improves’.” The result, he says, is ever-fatter rulebooks, the contents of which nobody could possibly retain, and the complexity of which becomes “impossible to work with”.

“If you have a rule making directorate, the director is judged on how many rules he makes.”

CASA has achieved the 2nd highest in Australia behind Taxation.

Excerpt from Australian Constitution Overview:  “The High Court has also recognised some implied restrictions on legislative power derived from the fundamental system of government established by the Constitution. For example, because of the separation of powers effected by the Constitution, only a court may exercise the judicial power of the Commonwealth. Accordingly, a law of the Commonwealth Parliament cannot provide for criminal conviction by anybody other than a court.”

Many in industry that have been prosecuted by CASA wonder about this.

The current regulatory system is not inductive to GA aviation growth.

Look at any secondary airport in Australia and the decline in aviation activities is obvious. Add many country centres and the decline confirms a serious situation.

Why? Unworkable regulatory requirements.

The CASA Board must bring to a close this unfortunate chapter in Australian aviation.

Aviation is and has been a complete failure in Australia because the original outcome, once supported by the industry, the public and politically, has been totally forgotten.

 

What is the future vision for Australian aviation participants?

 

Regards
 
Ken Cannane
Executive Director
AMROBA
Phone:   (02) 97592715
Fax:       (02) 97592025
Mobile:   0408029329
www.amroba.org.au
Safety All Around.
 

Much like the CVD pilots persecution case (after 25 years+ of incident free aviating), all this on the Skidmore watch -


MTF...P2