| This was from a letter from the Department of Homeland Affairs in regards to the Assistance and Access Act. Notice that they cite terrorism as necessitating the Act, but in actuality they just abuse it. "Encryption is a vital security measure for digital data and the Australian Government is committed to strong protections for personal and commercial information. It makes the communications and devices of all people more secure. While encryption is an important aspect of modern communications it is routinely employed by terrorists, child sex offenders and criminal organisations to mask illegal conduct. This is an impediment to our agencies’ ability to detect and disrupt serious threats to the public. Rapid technological change means that valuable sources of evidence and intelligence are diminishing; 95 per cent of the Australian Security Intelligence Organisation’s (ASIO) most dangerous counter-terrorism targets and 90 per cent of communications lawfully intercepted by the Australian Federal Police (AFP) are encrypted and unreadable. By 2020, it is expected that all communications among terrorists and organised crime groups will be encrypted. The Assistance and Access Act was introduced as a direct response to this challenge. The legislation passed both Houses on 6 December 2018 and received Royal Assent on 8 December 2018. The need for a modern and fit-for-purpose legal framework was highlighted by the fatal terrorist attack in Melbourne in November 2018, and the subsequent disruption of alleged planning for a mass casualty attack by three individuals. Encrypted communications commonly facilitate the planning and execution of such attacks and it is the Government’s duty to ensure that Australia’s law enforcement and security agencies have the requisite tools to protect the Australian public. The Assistance and Access Act balances the needs of investigators with important limitations and safeguards that protect the privacy of Australians, maintain the security of digital systems and ensures law enforcement’s powers are used appropriately. Robust transparency, oversight and independent scrutiny measures ensure that industry and the public can maintain confidence in the products and services that allow them to communicate securely online. The new laws are not about breaking encryption. It is paramount that the services and devices that Australians rely on remain secure. Through the provisions of the Assistance and Access Act, Government can partner with industry to modernise investigations and prosecute criminals that hide in online spaces while ensuring their assistance does not make the communications of innocent parties vulnerable. That is why the Assistance and Access Act clearly prohibits law enforcement from requiring a communications or device provider to build systemic weaknesses or backdoors into their systems (so called ‘back doors’). The Assistance and Access Act also states a provider cannot be prevented from fixing known weaknesses. Australian agencies are committed to working collaboratively with industry. The regime sets out how this collaboration will occur and builds greater partnerships between providers and Australia’s key law enforcement and security agencies. This is a framework for assistance and does not allow for unwarranted access to communications content or data. Access to this material remains subject to an underlying warrant or authorisation and strong oversight. The Government undertook an extensive three-stage consultation process to develop and consult on these measures, engaging with industry and the public on the entirety of the Act. Significant changes were made in response to feedback from the technology community and civil society – this consultation process improved the legislation, and ensures a more robust response to the challenges posed by a rapidly evolving communications environment." |
I doubt this "anti-encryption" legislation is what allows the police to stomp into a journalist office and take things like cameras as the ABC warrant allowed.
I mean, clearly a law supposed to help combat terrorism is gravely misapplied when used to search for a journalists source, but the real problem is that journalism seems to lack pretty basic protections at all in Australia.