Here’s my take on what’s wrong with the proposed GCSB Bill… the proposed GCSB Bill and the current GCSB Act rely on the Telecommunications (Interception Capability) Act which requires private companies to intercept communications for the government on request.
Telecommunications (Interception Capability) Act 2004
Section 7 (1)A network operator must ensure that every public telecommunications network that the operator owns, controls, or operates, and every telecommunications service that the operator provides in New Zealand, has an interception capability.
Section 27 Pecuniary penalty for contravention of compliance order
(1)If the High Court is satisfied, on the application of a surveillance agency, that a person has acted in contravention of a compliance order, the court may order the person to pay to the Crown any pecuniary penalty that the court determines to be appropriate.
(2)The amount of any pecuniary penalty under subsection (1) must not exceed $500,000.
(3)In the case of a continuing contravention of a compliance order, the court may, in addition to any pecuniary penalty ordered to be paid under subsection (1), impose a further penalty of $50,000 for each day or part of a day during which the contravention continues.
Security concerns by themselves do not justify forcing others to comply with your wishes.