An exposure draft of new laws giving national security and law enforcement agencies the power to decode encrypted online communications has been released for community consultation.
Announcing the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018, Minister for Law Enforcement and Cyber Security, Angus Taylor said it was designed to address the serious challenges posed by current communications technology to law enforcement and national security investigations.
“The legislation provides a contemporary framework that will allow law enforcement and national security Agencies to work in an increasingly complex digital environment,” Mr Taylor said.
He said technologies including encryption were increasingly being used by paedophiles, terrorists and organised criminals to conceal their illicit activities.
“We know that more than 90 per cent of data lawfully intercepted by the Australian Federal Police now uses some form of encryption,” Mr Taylor said.
“This has directly impacted around 200 serious criminal and terrorism-related investigations in the last 12 months alone.
“We must ensure our laws reflect the rapid take-up of secure online communications by those who seek to do us harm.”
He said the reforms would allow interception Agencies to access specific communications without compromising the security of a network with the measures expressly preventing the weakening of encryption or the introduction of so-called backdoors.
“Our first priority is keeping Australians safe and these measures will go a long way to ensure that criminals cannot hide,” Mr Taylor said.
He said obligations to assist law enforcement and national security investigations currently applied only to the domestic telecommunications providers in Australia.
“The legislation will expand these obligations to a broader range of companies, including foreign providers and internet-based communications providers operating in Australia,” Mr Taylor said.
“The public now has the opportunity to review the draft legislation and put forward submissions to Government.”
More information about the proposed 72-page Bill and details about submitting comments can be accessed on the Department of Home Affairs website at this PS News link.
