Last week, Australia's parliament passed a controversial act
that will enable law enforcement and intelligence agencies to
compel access to encrypted communications. In an explanatory
memorandum, the Australian Parliament stated that the new act, the
Telecommunications and Other Legislation Amendment (Assistance and
Access) Act 2018, is intended to combat "the challenges posed
by ubiquitous encryption." Under the act, certain law
enforcement and intelligence agencies will be able to approach
"designated communication providers," using one of the
mechanisms below, for the purpose of gaining access to specific
users' encrypted messages and data.
- Technical Assistance Requests (TARs)
– These are voluntary requests that allow law enforcement and
intelligence agencies to request access to communications and data
while bypassing the oversight rules surrounding mandatory notices.
TARs may be issued by the directors-general of the Australian
Security and Intelligence