National Security Legislation Monitor won't be recommending Encryption Bill repeal

National Security Legislation Monitor won't be recommending Encryption Bill repeal 1

Australia’s Independent National Security Legislation Monitor (INSLM), Dr James Renwick, will not be recommending for the country’s encryption-busting Bill to be repealed and sent back for redrafting when he turns in his report by June 30. 

Renwick, who appeared at the Lowy Institute in Sydney before his resignation from the post of INSLM — which will occur after he turns in the report commissioned by the Parliamentary Joint Committee on Intelligence and Security (PJCIS) — took the opportunity to touch on what his work to-date regarding the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (TOLA Act) has been.

The TOLA Act was rammed through Parliament in late 2018 and under the laws as currently written, agencies can issue:

  • 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; and
  • Technical Assistance Requests (TAR), which have been described by experts as the most dangerous of all.

TANs and TARs can currently be approved by the head of the requesting law enforcement or intelligence agency. TCNs must be approved jointly by the Attorney-General and the Minister for Communications.

Coinbase 3

“Here in Australia, and internationally, there is great interest in, and strong views about, TOLA, which is seen as far reaching and novel in its scope,” Renwick said on Thursday.

“The short period allowed for consultation on the TOLA Bill clearly caused lingering disquiet, even anger. Some say that brevity of itself means that the TOLA Act should be repealed, with consultation to begin again, not least as a way of regaining trust.”

While Renwick appreciates the sentiment, he believes recommendations for the Bill to be repealed and re-drafted are not the way forward.

“Realistically, I do not think that is likely nor do I think it is appropriate to recommend it,” he said.

See also: New Bill to prepare Australian law enforcement for the US CLOUD Act 

After holding hearings in Canberra last month, Renwick said his focus has been on three areas of the Act in particular.

The first, regarding the Act’s definitions of systemic weakness and systemic vulnerability, specifically, how disputes concerning the application of these statutory terms can be resolved.

Second, is whether replacing the current TOLA decision-makers, which are currently the attorney-general or agency heads, with current or retired judges — assisted by technical experts who understand the effect of the exercise of particular TOLA powers on privacy and on the effectiveness of encryption — is a more appropriate option.

And thirdly, finding better record-keeping and clear statements of review rights when compulsory powers are used “so that affected people and entities can exercise those rights, including by complaining to the Commonwealth Ombudsman or the Inspector-General of Intelligence and Security”.

While Renwick said he agrees that “going dark” has created a large problem for police, intelligence, and integrity agencies, he said such activity has justified a “proportionate but not absolute legislative response”.

“I have already announced that for so long as the police have access to TARs and TANs, so should the State and Territory ICACs, who have said how important these powers are to their work in ensuring integrity in government administration, including for police,” he added.

He also said there is at least some evidence that the law is either effective or capable of being made effective, especially in relation to the powers in schedules 2-5, and for the TARs and TANs in schedule 1.

“The publicly available material does not show that TANs have been used, because requests have been complied with voluntarily, but the use of TARs shows TANs are capable of being effective,” he said.

Renwick said there is no public evidence that the more intrusive TCN, which is for the creation of a new capability, has yet been used.

“The real question for me is whether any of these powers are proportionate to the undoubted threats — especially of criminality — that exist. And the answer to that question must focus on the thresholds and safeguards for their use,” he said.

READ MORE

Home Affairs pushes back against encryption law proposals

Both Labor and Australia’s Independent National Security Legislation Monitor have proposed judicial approvals before cops and spooks can access encrypted communications, but the Department of Home Affairs isn’t keen.

Watchdog ponders tougher independent oversight for Australia’s encryption laws

There’s no sign of mass surveillance, but the Independent National Security Legislation Monitor suggests a UK-style ‘double lock’ system for authorising access to encrypted communications.

How the B-Team watches over Australia’s encryption laws and cybersecurity

Most telco interception warrants are issued by non-judges. Important cybersecurity work isn’t being done. The Information Commissioner lacks funding. Does the government actually care about privacy and security?

National Security Legislation Monitor won't be recommending Encryption Bill repeal 2
blank
About the author

E-Crypto News was developed to assist all cryptocurrency investors in developing profitable cryptocurrency portfolios through the provision of timely and much-needed information. Investments in cryptocurrency require a level of detail, sensitivity, and accuracy that isn’t required in any other market and as such, we’ve developed our databases to help fill in information gaps.

Related Posts

blank

E-Crypto News Executive Interviews


blank

bitcoin
Bitcoin (BTC) $ 39,075.00
ethereum
Ethereum (ETH) $ 2,621.52
tether
Tether (USDT) $ 1.00
binance-coin
Binance Coin (BNB) $ 329.83
cardano
Cardano (ADA) $ 1.36
xrp
XRP (XRP) $ 0.719950
usd-coin
USD Coin (USDC) $ 1.00
dogecoin
Dogecoin (DOGE) $ 0.198784
polkadot
Polkadot (DOT) $ 18.45
binance-usd
Binance USD (BUSD) $ 1.00
USD
EUR
GBP
bitcoinBitcoin (BTC)
$ 39,075.00
ethereumEthereum (ETH)
$ 2,621.52
tetherTether (USDT)
$ 1.00
bitcoin-cashBitcoin Cash (BCH)
$ 539.32
litecoinLitecoin (LTC)
$ 141.44
bitcoinBitcoin (BTC)
32.884,50
ethereumEthereum (ETH)
2.206,20
tetherTether (USDT)
0,841574
bitcoin-cashBitcoin Cash (BCH)
453,88
litecoinLitecoin (LTC)
119,03
bitcoinBitcoin (BTC)
28,124.43
ethereumEthereum (ETH)
1,886.85
tetherTether (USDT)
0.719755
bitcoin-cashBitcoin Cash (BCH)
388.18
litecoinLitecoin (LTC)
101.80

Automated trading with HaasBot Crypto Trading Bots

Crypto Scams

blank
The World’s Most Infamous Crypto Hacks and Scams
July 31, 2021
Cryptocurrency Exchanges
Cryptocurrency Exchanges and the Plague of Scams and Bans
June 29, 2021
blank
What Role Do Cryptocurrencies Play In The Era Of Ransomware Attacks?
June 9, 2021
Crypto Scams On The Rise As Market Enters Bull Cycle
Crypto Scams On The Rise As Market Enters Bull Cycle
December 22, 2020
Harpreet Singh Sahni perpetrated the Plus Gold Union Coin (PGUC) scam
Sydney Concert Promoter Harpreet Sahni Involved In $50M Crypto PGUC Scam
November 2, 2020

Blockchain/Cryptocurrency Questions and Answers

Short-Sell Cryptocurrency
How to Short-Sell Cryptocurrency: A Brief Overview
July 17, 2021
Klaytn
What Is Klaytn (KLAY) And How Does It Work?
July 16, 2021
Cryptocurrencies
Our Crypto Roundup Interview Asks- Do Cryptocurrencies Have a Future?
July 15, 2021
Solana
What Is Solana (SOL) And How Does It Work?
June 26, 2021
blank
What Is Plethori Platform And How Does It Work?
June 12, 2021


CryptoCurrencyUSDChange 1hChange 24hChange 7d
Bitcoin39,194 0.47 % 2.33 % 0.30 %
Ethereum2,643.5 1.30 % 5.12 % 15.31 %
Tether1.000 0.04 % 0.14 % 0.29 %
Binance Coin331.13 0.63 % 2.82 % 5.63 %
Cardano1.360 0.12 % 1.63 % 7.19 %
XRP0.7246 0.58 % 1.25 % 12.81 %
USD Coin1.000 0.15 % 0.17 % 0.13 %
Dogecoin0.2000 0.41 % 1.43 % 2.24 %
Polkadot18.60 0.73 % 6.72 % 29.86 %
Binance USD1.000 0.30 % 0.35 % 0.32 %

bitcoin
Bitcoin (BTC) $ 39,434.00
ethereum
Ethereum (ETH) $ 2,676.83
tether
Tether (USDT) $ 1.00
binance-coin
Binance Coin (BNB) $ 333.21
cardano
Cardano (ADA) $ 1.37
xrp
XRP (XRP) $ 0.729480
usd-coin
USD Coin (USDC) $ 1.00
dogecoin
Dogecoin (DOGE) $ 0.201198
polkadot
Polkadot (DOT) $ 18.80
binance-usd
Binance USD (BUSD) $ 1.01