New network protection legislation

Attorney-General Robert McClelland has welcomed the passage through Parliament of the Telecommunications (Interception and Access) Amendment Bill 2009.

"The Bill marks an important step in the Government's commitment to building confidence in the online world by providing clear guidance on how computer networks can be protected from malicious attack and other illegal activities by cybercriminals," Mr McClelland said.

Previously, telecommunications interception legislation only allowed national security and law enforcement agencies to protect their networks from malicious software.

The Bill provides protection to both public and private Australian computer networks, clarifying for the first time how private computer networks may be lawfully protected and how information resulting from these activities may be used.

"Network protection activities will only remain lawful if they are carried out for a legitimate network protection function.

"In this way, the Government is seeking to balance the need for network integrity with an individual's right to privacy."

The Bill also ensures that Government authorities, whose primary focus is security, intelligence or law enforcement, are able to ensure their networks are used appropriately.

Current arrangements requiring law enforcement agencies to obtain warrants and authorisations to access telecommunications information will continue to remain in place.