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ARTICLE · 18 DECEMBER 2018

Controversial Australian Encryption Act Denounced By Privacy And Cryptography Advocates

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Last week, Australia's parliament passed a controversial act that will enable law enforcement and intelligence agencies to compel access to encrypted communications.

AustraliaPrivacy

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

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