Update — Careful to Whom You Hand the Keys for Encryption

There was of course no way of knowing whether you were being watched at any given moment. How often, or on what system … It was even conceivable that they watched everybody all the time. George Orwell, Part 1, Chapter 1, in 1984

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Source: Flickr by walknboston

In an earlier post Careful to Whom You Hand the Keys for Encryption I described the extraordinary events of 6 Dec when the so-called “encryption busting” Access and Assistance Act passed into law on the last hours of the last sitting day of  Federal Parliament before the end of 2018.

It passed after the Labor Party opposition, who had been opposing the AA Bill (Shadow Attorney General Mark Dreyfuss described it as being “obviously dangerous”) gained a promise from the Government that amendments to the Bill would be considered when Parliament reconvened in February. Well that’s now and it occurred last week on the 13 and 14 Feb in a Bill introduced as the Telecommunications and Other Legislation Amendment (Miscellaneous Amendments) Bill 2019 [1].

Continue reading “Update — Careful to Whom You Hand the Keys for Encryption”

Careful to Whom You Hand the Keys for Encryption

The Kingswood! You’re not taking the Kingswood, I’ve just shampooed the dipstick! Ted Bullpit, Kingwood Country (TV series 1980-4)

man-65049_640Most Australians are very cautious about whom they hand their car keys to. In that regard, they’re still a bit like Ted Bullpit (played by the late Ross Higgins) from the iconic Aussie 80s sitcom Kingswood Country (see the quotation above).

So how did encryption key laws pass both houses in the last hours of the last sitting week of parliament (6 December) in the lead up to the summer parliamentary break?

Given the apparently innocuous-sounding name of the “Assistance and Access Bill 2018” [1] it happened so quickly, at a time when most Australians were distracted with their preparations for the holidays. I’m not sure that many people will have much idea that the Australian Government now have presented our law enforcement and surveillance agencies with the right to circumvent internet encryption keys for matters pertaining to criminal and terrorist investigations.

Government Case

The Government’s case has been led by Home Affairs Minister Peter Dutton has consistently stated that laws enforcement agencies need powers to intercept encrypted messages to keep Australians safe from criminal and terrorist threats. He’s argued that the new laws modernise the way that authorities can access information but doesn’t expand on current surveillance powers. A key feature of the Government’s approach has been to stonewall objections to the Bill by the tech industry.

There’s a reason for the amendments to be referred to as  the “Assistance and Access Bill” It’s as if the Government were condescendingly saying: “you tech guys are really smart, we need these surveillance and protection laws, just do your jobs and give us the technical assistance and access required.” Oh, and if you don’t do so voluntarily, we’ll make you do it by imposing heavy fines or imprisonment, on you as an individual, not just your company. Continue reading “Careful to Whom You Hand the Keys for Encryption”