> 15.2(2)(d) cannot as a matter of law be used to effectively ban anyone from the internet at all.
How laws are read can change. It may not fly in court today, but what about 5 or 10 years later? They may not immediately ban anyone, but just slightly throttling the services they don't like with national security as an excuse is detrimental to the free Internet. People will get used to it and then one day, it would be interpreted as "it's ok to allow egregious usage limits", which is effectively a ban. It happens gradually.
> I do not believe the government currently has the authority to force telecoms to remove suspected compromised equipment.
Good. This is the way it should be. The burden of proof is on the government. You cannot assume guilty until proven innocent. If the government really suspects that there is some malicious equipment that slipped past their equivalent of FCC undetected, then they could impose import restrictions to make it impractical for telecom operators to purchase said equipment.
There is a lot they could do on the import regulation side, such as restricting OTA updates for critical equipment to domestic servers, or even restrict firmware updates to offline flashing only. They could make some equipment prohibitively expensive. There are plenty of ways to deal with it besides introducing a law like this.
They are more likely to ignore the law than to change the fundamental principles of how the words are read. It's easier. See the US.
Worrying about this sort of lawless action when writing laws is pointless because no matter how well laws are written they don't stop someone from simply ignoring them.
> Good. This is the way it should be.
I have no interest in rolling over and handing the keys to our communications infrasturcture to foreign powers because the government was not fast enough to realize they needed to ban a company, or because foreign politics shifted and what was a safe enough bet not longer is.
It's not a matter of guilt or innocence. It's not a matter of punishment. It's a matter of maintaining our independence.
How laws are read can change. It may not fly in court today, but what about 5 or 10 years later? They may not immediately ban anyone, but just slightly throttling the services they don't like with national security as an excuse is detrimental to the free Internet. People will get used to it and then one day, it would be interpreted as "it's ok to allow egregious usage limits", which is effectively a ban. It happens gradually.
> I do not believe the government currently has the authority to force telecoms to remove suspected compromised equipment.
Good. This is the way it should be. The burden of proof is on the government. You cannot assume guilty until proven innocent. If the government really suspects that there is some malicious equipment that slipped past their equivalent of FCC undetected, then they could impose import restrictions to make it impractical for telecom operators to purchase said equipment.
There is a lot they could do on the import regulation side, such as restricting OTA updates for critical equipment to domestic servers, or even restrict firmware updates to offline flashing only. They could make some equipment prohibitively expensive. There are plenty of ways to deal with it besides introducing a law like this.