Ride the Lightning

Don't Store Your Data in Australia: Onerous New Law May Be Coming

April 1, 2019

Naked Security reported on March 29th that tech leaders, including Microsoft's Brad Smith, continued to criticize Australia's controversial new anti-encryption laws. The country’s Parliamentary Joint Committee on Intelligence and Security (PJCIS) has referred the Telecommunication & Other Legislation Amendment (Assistance & Access) Act of 2018 (TOLA) to the Independent National Security Legislation Monitor (INSLM).

The legislation, passed by a parliamentary vote in December, enables the government to force technology companies into decrypting user communications. It would allow the government to gain access to encrypted communications sent via messaging apps, for example. Under the legislation, the government can first ask the technology companies for help. If they don’t want to help, it can force them to. If they are unable to help, then the government can force them to change their systems, making it possible for them to provide the necessary support.

INSLM is an independent position established by legislation. It has access to all relevant material, regardless of national security classification, can force anyone to answer its questions, and holds both public and private hearings.

The current INSLM, Dr. James Renwick, will review whether the legislation properly safeguards individual rights and whether it remains proportional to the threat to national security. Dr. Renwick must submit his report to the PJCIS by 1 March 2020, which will factor the findings into its own review of the legislation, due later that year. PJCIS Committee chair Andrew Hastie MP and deputy chair Anthony Byrne MP said:

"In our view, the INSLM provides a valuable, independent perspective on the balance between necessary security measures and the protection of civil liberties. As such, the INSLM is an important and valued component of Australia’s national security architecture."

If this legislation go into effect, companies will go elsewhere to store data, Microsoft warns. I sure as hell would.

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