Australian Encryption Laws Used to Force Provider to Help in Homicide Case
upstart writes:
Australian encryption laws used to force provider to help in homicide case:
When it comes to Australia's encryption laws, two out of the three arms can now be publicly said to have been used, following the release of the Telecommunications (Interception and Access) Act 1979 -- Annual Report 2020-21 this week.
In previous years, agencies had only used voluntary Technical Assistance Requests (TAR) to get service providers to help them, but the latest report shows NSW Police in the past year also turned to the first of the compulsory notices available.
That request, used in a homicide investigation, is the first use of a compulsory Technical Assistance Notice (TAN) to force a provider to use a capability they already possess. Assistance notices issued by state-level law enforcement are reviewed by the Commissioner of the Australian Federal Police (AFP).
This leaves the compulsory Technical Capability Notice (TCN) as the only form of notice yet to be publicly disclosed as used. The TCN forces providers to build a new capability for agencies and requires sign-off from the federal Attorney-General and Minister for Communications. The report said no TCNs were sought across the reporting period.
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