mnot’s blog

Design depends largely on constraints.” — Charles Eames

Law

Monday, 29 June 2020

What limits legal access to cloud data in Australia?

The Telecommunications and Other Legislation Amendment (Assistance and Access) Act 20181 has proven controversial both before and after passage,2 with considerable debate about the nature of its industry assistance framework and its potential to systemically weaken encryption on the Internet - a framing emphasised by the explanatory memorandum, which introduced the legislation as ‘measures to better deal with the challenges posed by ubiquitous encryption.’3 Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth). ↩ See, eg, Stilgherrian, ‘What’s actually in Australia’s encryption laws? Everything you need to know’ ZDNet (online, 10 December 2018) https://www.zdnet.com/article/whats-actually-in-australias-encryption-laws-everything-you-need-to-know/. ↩ Explanatory Memorandum, Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth), 2 [1]. ↩

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