Australia Passes Anti-Encryption Laws [Update] (zdnet.com)

Earlier today, Australia's House of Representatives passed the Assistance and Access Bill. The Anti-Encryption Bill, as it is known as, would allow the nation's police and anti-corruption forces to ask, before forcing, internet companies, telcos, messaging providers, or anyone deemed necessary, to break into whatever content agencies they want access to. "While the Bill can still be blocked by the Senate -- Australian Twitter has been quite vocal over today's proceedings, especially in regards to the [Australian Labor Party's] involvement," reports Gizmodo. ZDNet highlights the key findings from a report from the Parliamentary Joint Committee on Intelligence and Security (PJCIS): The threshold for industry assistance is recommended to be lifted to offenses with maximum penalties in excess of three years; Technical Assistance Notices (TANs) and Technical Capability Notices (TCNs) will be subjected to statutory time limits, as well as any extension, renewal, or variation to the notices; the systemic weakness clause to apply to all listing acts and things; and the double-lock mechanism of approval from Attorney-General and Minister of Communications will be needed, with the report saying the Communications Minister will provide "a direct avenue for the concerns of the relevant industry to be considered as part of the approval process."

The report's recommendations also call for a review after 18 months of the Bill coming into effect by the Independent National Security Legislation Monitor; TANs issued by state and territory police forces to be approved by the Australian Federal Police commissioner; companies issued with notices are able to appeal to the Attorney-General to disclose publicly the fact they are issued a TCN; and the committee will review the passed legislation in the new year and report by April 3, 2019, right around when the next election is expected to be called. In short: "Testimony from experts has been ignored; actual scrutiny of the Bill is kicked down the road for the next Parliament; Labor has made sure it is not skewered by the Coalition and seen to be voting against national security legislation on the floor of Parliament; and any technical expert must have security clearance equal to the Australia's spies, i.e. someone who has been in the spy sector." Further reading: Australia Set To Spy on WhatsApp Messages With Encryption Law.

UPDATE: The encryption bill has passed the Senate with a final vote of 44-12, with Labor and the Coalition voting for it. "Australia's security and intelligence agencies now have legal authority to force encryption services to break the encryptions, reports The Guardian. Story is developing...

Comments

Re:Let's see them try

[Anne Thwacks]

This is Australia, where the laws of the nation Trump the laws of mathematics.

Welcome to the advent of Big Brother in Australia

[SigmaTao]

I wouldn't be a bit surprised if this bill was a backroom deal between the desires of the five eyes and the Australian Government.
Breaking encryption for one government breaks it for all.
I just means there will be a plethora of hidden encryption apps used exclusively by those who plan to do evil.

Wait until someone adds machine learning to the process of communicating meaning and watch people's messages disappear entirely.
As it's not words that information gathers wish to capture, but the meanings being conveyed.
The Australian government have escalated the information war, and don't understand the consequences of doing so.

Ruling class protecting itself

[DNS-and-BIND]

Of course it passed. This is the ruling class protecting itself from us. They know well how poorly they represent our interests and we would overthrow them if we had the full story. They would if the situation were reversed. So we must not be allowed to have secrets from them. Of course Labour voted for it. They are all ruling class. They show solidarity with one another and keep us divided and fighting with identity politics. I've recently reread 1984 and one passage sticks out at me.

The essence of oligarchical rule is not father-to-son inheritance, but the persistence of a certain world-view and a certain way of life, imposed by the dead upon the living. A ruling group is a ruling group so long as it can nominate its successors. The Party is not concerned with perpetuating its blood but with perpetuating itself. Who wields power is not important, provided that the hierarchical structure remains always the same.

Re:Australia has the most stupid tech laws...

[MrKaos]

I mean how can you ignore experts on a question that only experts can understand? It does not get much more stupid than this.

As someone who analysed all 176 pages and make a two part 80 page submission to the PJCIS among many others my sense is that the government wants these powers and they are bulldozing anyone or anything that gets in the way.

This law is about as offensive to any person who holds free will and freedom of association as one of the fundamental tenants of democracy.

I wouldn't call it stupid. I'd call it intentionally deceptive and calculated to completely broadside the electorate. The government has gone back on all of its assurances to push this into 2019 and review the Bill properly. To give you an idea of the deception involved, over 100 pages of amendments were presented at 09:00am this morning and at the end of the day no one has even had a chance to look at what the amendments are.

Furthermore, about 10 minutes ago the so called "opposition" has just revealed that it won't support it's own amendments to the Bill. This is about as a disgusting travesty or so called "democracy" I have ever seen.

Have no doubt this bill has global ramifications via intelligence sharing agreements.

Re:Let's see them try

[Anonymous Coward]

Well, that's not entirely true. What will happen in reality is that everything that relies on encryption, will either leave AU or be inherently insecure.

They will also find themselves an island in many more ways than they already are because they will be treated as a security hole. By both the good and the bad guys. They have no idea what they are in for.