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Australia passes a rushed anti-encryption bill “to make Australians safe”; experts find “dangerous loopholes” that compromise online privacy and safety

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  • 3 min read
  • 07 Dec 2018

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On Thursday, Australia passed a rushed assistance and access bill which will allow Australian police and government the powers to issue technical notices. The Labor party had planned to amend the legislation. However, even after calling the bill flawed, Labor pulled its amendments in the Senate and the bill was passed.

"Let's just make Australians safer over Christmas," Bill Shorten, leader of the Opposition and Labor Party said on Thursday evening. "It's all about putting people first."

The assistance and access bill provides vague answers on the potential power that it could give government and law enforcement over digital privacy. The government claims that encrypted communications are “increasingly being used by terrorist groups and organized criminals to avoid detection and disruption,” and so this bill will ask tech companies to provide assistance to them in accessing electronic data.

Per Zdnet, under the new assistance and access bill, Australian government agencies can issue three notices to companies and websites:
  • Technical Assistance Notices (TAN), which are compulsory notices for a communication provider to use an interception capability they already have.
  • Technical Capability Notices (TCN), which are compulsory notices for a communication provider to build a new interception capability, so that it can meet subsequent Technical Assistance Notices.
  • Technical Assistance Requests (TAR), which have been described by experts as the most dangerous of all.
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Basically, the Australian government can hack, implant malware, undermine encryption or insert backdoors across companies and websites. If companies refuse, they may face financial penalties.
Although the government has said this bill will target criminals in the likes of sex offenders, terrorists, homicide and drug offenses, critics think otherwise. According to communications alliance, the bill contains dangerous loopholes and technical backdoors that could be exploited by hackers.

Another issue of debate was the lack of a clear definition of the term, “systemic weakness.” Labor has asked for a more concrete definition of it in the amendments made on the law next year.

Several lawmakers, as well as the general public, condemned the bill on Twitter pointing out it’s rushed release.

https://twitter.com/timwattsmp/status/1069361402589011968?s=21

https://twitter.com/jordonsteele/status/1070170310626828288?s=12

https://twitter.com/Asher_Wolf/status/1070692137052758016

https://twitter.com/Scottludlam/status/1070592908292612096

https://twitter.com/Jordonsteele/status/1070565215106818048

https://twitter.com/AdamBandt/status/1070492876365225985

The State of Mozilla 2017 report focuses on internet health and user privacy.

Privacy experts urge the Senate Commerce Committee for a strong federal privacy bill “that sets a floor, not a ceiling”

Consumer protection organizations submit a new data protection framework to the Senate Commerce Committee