Australia Toughens Cybersecurity Laws

With the ‘Assistance and Access Bill’ criminals can no longer hide behind encryption technology. Everyone’s got something to hide. Nobody wants an invasion of their privacy.

Throughout all of history, man has developed methods of concealment. The issue of privacy is equally pressing in a digitised age. As we log on to the internet, the seemingly trivial facets of our life become public. The digital trail you leave behind is picked up by unwanted agencies and individuals. Coincidental advertorials on your web browser should be the least of your concerns. Well, relative to the prying eyes of terrorists and paedophiles.

The Australian government’s latest exposure draft is in defence of its citizens. Named The Assistance and Access Bill 2018, its contents seek to put an end to the misuse of encryption. A quick web search on ‘encryption crime’ will detail a host of crimes committed with the aid of encryption technology.

The Dark Side of Encryption: Take the case of a terrorist who used a popular instant messaging app to communicate plans for the March 2017 London terror attack. The fifty-two messages outlining the preparation for the assault could not be intercepted by law enforcers because of end-to-end encryption (E2EE). E2EE technology blocks third-party sources from hacking the information for personal gain.

Although this technology might be attractive for one seeking privacy, the Australian Department of Home Affairs is adamant that these security measures are being used for criminal activity. Abuse of encryption technology allows terrorists, paedophiles, and criminal organisations to “mask illegal conduct”.

Law enforcement officials cite the case of a high risk Registered Sex Offender (RSO) who while on parole continued to engage in sexual misconduct. Although a large body of evidence was stored on the perpetrator’s mobile phone apps, law enforcers were unable to gain access to them because of encrypted technologies. Stunted, police officers were not able to seek justice for victims.

Encryption is a huge obstacle for Australia’s law enforcement and national security agencies. Concealed contents, data and identities cloak criminals. Their destructive activities go by undetected.

The Bill which will Empower Law Enforcement: The Australian Department of Home Affairs cites that encryption related crime minimally impacts 90% of the Australian Security Intelligence Organisation’s priority cases. Yet, 90% of lawful interceptions by the Australian Federal Police are also encrypted. Officials believe that by 2020, all terrorist and crime related communications will be encrypted.

To stay ten paces ahead of criminals, Australian authorities believe that a new legal framework is necessary. Industry assistance will be critical in the war against cybercrimes. The bill calls on local and international providers of communications services and devices in Australia to support the government’s efforts.

Any cry for a customer or business’s privacy is hushed by the pertinence of national security. Minister for Law Enforcement and Cyber Security Angus Taylor said, “Our first priority is keeping Australians safe and these measures will go a long way to ensure that criminals cannot hide.”

The Industry Fact Sheet issued by the Australian Department of Home Affairs insists that “Operating in the Australian market comes with obligations to assist in protecting Australian citizens from those using its marketed services and devices for serious crimes, including terrorism.”

What’s in Store for Designated Communication Providers: The utilitarian Bill details a list of ‘acts or things’ that defines what kind of assistance the government demands for law enforcement and intelligence agencies. The listed acts or things which might be requested include technical information, providing passwords, and conceal a covert interception by authorities. These modern search warrants for a digital era are compulsory unless stated otherwise.

Safeguards have also been put in place to avoid a misuse of power to introduce ‘backdoors’ or an unlawful disclosure of communications content or data. Only senior decision makers and the courts will have the power to determine how the Bill will come into play.

By: Grethel Koh   For information go to : https://www.opengovasia.com/