Australia - The Land Rushed Encryption Legislation
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Australian politicians have rushed encryption legislation through the senate without considering the consequences of and potential issues with intelligence and law enforcement issues.
Law Council of Australia President, Morry Bailes, stated “We now have a situation where unprecedented powers to access encrypted communications are now law, even though Parliament knows serious problems exist, his is what happens when you compromise an established committee process and allow the work of Parliament to be rushed and politicised."
Despite some of the Law Council’s concerns being addressed, serious concerns include:
- ￭ Circumventing the need for law enforcement and intelligence agencies to obtain a warrant by permitting ‘technical assistance requests’ or ‘voluntary assistance requests’ on designated communications providers to conduct actions like intercepts
￭ Allowing law enforcement or ASIO to effectively detain individuals to provide ‘compulsory assistance’ without the necessary safeguards necessary for detention, inducing being allowed to contact a lawyer;
￭ Failing to make clear that legal professional privilege is protected in all circumstances; and
￭ Allowing senior bureaucrats at ASIO to confer civil immunity, instead of the A-G.
Various countries around the world have tried and not passed these type of laws before, for Australia to be first is not something to be proud of, on the other side of the coin while it is Australian law if these companies don't actually have a server presence in Australia, what is the enforcement on them?
Tags: Australia, Law, Encryption