Australia’s Anti-Encryption Laws Being Used To Bypass Journalist Protections, Expert Says

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Publish Date:
July 8, 2019
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Source:
The Guardian
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Summary

The anti-encryption laws passed by the federal parliament last year have been used to bypass journalist protections in other national security laws, a cybersecurity researcher has said.

The parliamentary joint committee on intelligence and security has launched a review into the Telecommunications (Assistance and Access) Act, which passed into law at the end of 2018.

This undermined protections granted to journalists under other national security legislation, said cybersecurity researcher Riana Pfefferkorn, an associate director of surveillance and cybersecurity at the Stanford Centre for Internet and Society.

Data retention legislation passed in 2015 had a carve-out for journalists that required law enforcement to obtain a special journalist information warrant, but Pfefferkorn said in a personal submission to the review that the combination of the new powers meant the information warrant need not be obtained.

“Law enforcement’s powers granted under the Data Retention Act in 2015 were augmented by the new powers the Assistance and Access Act provided at the end of 2018, creating the framework that authorised the federal police in mid-2019 to raid the homes and offices of journalists over articles published in July 2017 and April 2018, in defiance of international norms,” she said.

“Because parliament passed these laws, the federal police had the power to strike a chilling blow against press freedom in Australia, and call it lawful.”

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