Security

Govt security watchdog seeks additional oversight of encryption bill powers


The government’s Independent National Security Legislation Monitor, Dr James Renwick, has indicated he would support the security appeals division of the Administrative Appeals Tribunal having oversight of technical capability notices issued under the encryption law passed in 2018, and resolving any issue that could arise.

Dr Renwick held two days of hearings in Canberra on Thursday and Friday last week, meeting representatives of both government and industry.

There are three ways listed in the legislation by which law enforcement can get industry to aid in breaking encryption.

A technical assistance request or TAR allows for voluntary help by a company; its staff will be given civil immunity from prosecution.

An interception agency can then issue a technical assistance notice or TAN to make a communications provider offer assistance based on existing functionality.

Finally, a technical capability notice or TCN can be issued by the Attorney-General at the request of an interception agency. This will have to be also approved by the Communications Minister and will force a company to help law enforcement, by building functionality.

However a TCN cannot demand the decryption of information or removal of electronic protection in any system.

Dr Renwick said that what he had heard from technology companies was that using the AAT would give them more confidence in the process. To this end, he backed the addition of some technically qualified people to the AAT as part-time members.

He also suggested that a better definition was needed for the term “systemic weakness”, adding that this would sit better within the text of law itself.

The encryption law, known as the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018, was passed on 6 December 2018.

A review was instituted by the Parliamentary Joint Committee on Intelligence and Security as soon as the bill was passed, with a reporting date of 3 April 2019. It was expected to make changes that would provide some solace to the technology industry.

But the panel then put off taking any decision, instead asking the Dr Renwick to review the law and report back by 1 March 2020.

In October 2019, Dr Renwick said he was extending the date for submissions to his review until 1 November. At the time he made this announcement, just 15 submissions had been received.

The date for his report to the PJCIS is now the end of June; the PJCIS will then issue its report by the end of September. Only after that will the government look at any changes to the law.

Among those who fronted the inquiry over the two days were the ASIO, the NSW Independent Commission Against Corruption, the Law Enforcement Conduct Commission of NSW, the Human Rights Commission, Internet Australia, Electronic Frontiers Australia, Atlassian, Access Now, Mozilla Corporation, the Communications Alliance, Ai Group, AIIA, AMTA, DIGI & ITPA, AustCyber, Law Council of Australia, The Allens Hub for Technology, Law & Innovation, the South Australian Independent Commissioner Against Corruption, BSA | The Software Alliance, the Australian Federal Police and the Department of Home Affairs.

CHIEF DATA & ANALYTICS OFFICER BRISBANE 2020

26-27 February 2020 | Hilton Brisbane

Connecting the region’s leading data analytics professionals to drive and inspire your future strategy

Leading the data analytics division has never been easy, but now the challenge is on to remain ahead of the competition and reap the massive rewards as a strategic executive.

Do you want to leverage data governance as an enabler?Are you working at driving AI/ML implementation?

Want to stay abreast of data privacy and AI ethics requirements? Are you working hard to push predictive analytics to the limits?

With so much to keep on top of in such a rapidly changing technology space, collaboration is key to success. You don’t need to struggle alone, network and share your struggles as well as your tips for success at CDAO Brisbane.

Discover how your peers have tackled the very same issues you face daily. Network with over 140 of your peers and hear from the leading professionals in your industry. Leverage this community of data and analytics enthusiasts to advance your strategy to the next level.

Download the Agenda to find out more


DOWNLOAD NOW!



READ SOURCE

This website uses cookies. By continuing to use this site, you accept our use of cookies.