What Could Australia's New Access Law Mean for Encryption in Other Countries?
A new bill in Australia that would give law enforcement access to encrypted communications passed on Friday. Will other countries pick up the baton?
December 07, 2018 at 11:00 AM
4 minute read
Australian Parliament passed a bill on Thursday requiring tech companies to grant access to encrypted messages or data to law enforcement. The move comes shortly after the country's dueling political parties struck up an agreement earlier this week requiring stricter oversight for data requests and subjecting the legislation to a 12-month parliamentary review.
Other last-minute sticking points included defining the term 'systemic weakness,' an action implemented into a form of electronic protection that would render methods of authentication or encryption less effective and cannot be required under the new law. The tweaks appeared specifically designed to nullify the privacy and cybersecurity concerns that have plagued the bill and others like it around the globe, but don't offer up any answers to lingering doubts about the efficacy of such a law when it comes to combating terrorism.
Still, that might not stop other countries from hopping on the bandwagon. Jarno Vanto, a shareholder with Polsinelli, said shortly before the Parliament approved the new legislation, “I think we're going to see renewed attempts in the U.K., also maybe the U.S., for these types of laws.”
Among other things, the law would requires a person with “knowledge of a computer or a computer system” to assist the Australian Security Intelligence Organization to gain access to data on a device subject to a warrant.
Lizzie O'Shea, who sits on the board of Australian advocacy organization Digital Rights Watch, remained critical of the bill earlier this week despite saying that some “extremely dangerous elements” had been addressed.
“Make no mistake—this bill is still deeply flawed, and has the likely impact of weakening Australia's overall cybersecurity, lowering confidence in e-commerce, reducing standards of safety for data storage and reducing civil right protections. In its very design, it is antithetical to human rights and core democratic principles,” O'Shea said in a statement posted to the Digital Rights Watch site.
The criticism doesn't necessarily discount the possibility of a similar law popping up in other countries. Australia is a member of Five Eyes, an intelligence alliance featuring Canada, New Zealand, the United Kingdom and the United States that made waves in August with a communiqué advocating for backdoors to encryption in the name of security.
The tech community has responded less than enthusiastically, citing potential vulnerabilities to cybersecurity. Just because you build a door with the government in mind doesn't mean that a hacker can't come along and kick it down.
There's also no guarantee that risk and reward are a package deal. Vanto raised the possibility that bad actors would simply adapt in the face of increased scrutiny.
“I also think that any of these bad actors, terrorists, are most likely not using smartphones to communicate whatever it is that they're doing. They're using other methods of communication because they're aware of this, the vulnerabilities of these technologies, as well,” Vanto said.
Last week, the Digital Industry Group—an association of tech companies that boasts marquee names like Google, Facebook and Twitter—sent a message to Australian Parliament urging the government to consider exploring alternative solutions.
“A number of governments around the world have rejected such legal and market interventions in favour of a broader policy response which embraces international engagement, technical training for agencies, investment in new investigatory techniques and enhanced company engagement,” read the message.
The tech companies' interest in the problem might not be entirely humanitarian. Vanto questioned whether or not consumers in general would be inclined to use their personal devices less if they knew that Big Brother could be watching.
He doesn't foresee a bill similar to Australia's going the distance in the U.S. any time soon.
“I think right now there's little appetite in the U.S. for this kind of law,” Vanto said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1'Astronomical' Interest Rates: $1B Settlement to Resolve Allegations of 'Predatory' Lending Cancels $534M in Small-Business Debts
- 2Senator Plans to Reintroduce Bill to Split 9th Circuit
- 3Law Firms Converge to Defend HIPAA Regulation
- 4Judge Denies Retrial Bid by Ex-U.S. Sen. Menendez Over Evidentiary Error
- 5Lawyers: Meet Your New Partner
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250