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Encryption The Internet Australia Government Security Politics

Australia Passes Anti-Encryption Laws [Update] (zdnet.com) 289

Earlier today, Australia's House of Representatives passed the Assistance and Access Bill. The Anti-Encryption Bill, as it is known as, would allow the nation's police and anti-corruption forces to ask, before forcing, internet companies, telcos, messaging providers, or anyone deemed necessary, to break into whatever content agencies they want access to. "While the Bill can still be blocked by the Senate -- Australian Twitter has been quite vocal over today's proceedings, especially in regards to the [Australian Labor Party's] involvement," reports Gizmodo. ZDNet highlights the key findings from a report from the Parliamentary Joint Committee on Intelligence and Security (PJCIS): The threshold for industry assistance is recommended to be lifted to offenses with maximum penalties in excess of three years; Technical Assistance Notices (TANs) and Technical Capability Notices (TCNs) will be subjected to statutory time limits, as well as any extension, renewal, or variation to the notices; the systemic weakness clause to apply to all listing acts and things; and the double-lock mechanism of approval from Attorney-General and Minister of Communications will be needed, with the report saying the Communications Minister will provide "a direct avenue for the concerns of the relevant industry to be considered as part of the approval process."

The report's recommendations also call for a review after 18 months of the Bill coming into effect by the Independent National Security Legislation Monitor; TANs issued by state and territory police forces to be approved by the Australian Federal Police commissioner; companies issued with notices are able to appeal to the Attorney-General to disclose publicly the fact they are issued a TCN; and the committee will review the passed legislation in the new year and report by April 3, 2019, right around when the next election is expected to be called.
In short: "Testimony from experts has been ignored; actual scrutiny of the Bill is kicked down the road for the next Parliament; Labor has made sure it is not skewered by the Coalition and seen to be voting against national security legislation on the floor of Parliament; and any technical expert must have security clearance equal to the Australia's spies, i.e. someone who has been in the spy sector." Further reading: Australia Set To Spy on WhatsApp Messages With Encryption Law.

UPDATE: The encryption bill has passed the Senate with a final vote of 44-12, with Labor and the Coalition voting for it. "Australia's security and intelligence agencies now have legal authority to force encryption services to break the encryptions, reports The Guardian. Story is developing...
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Australia Passes Anti-Encryption Laws [Update]

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  • by mentil ( 1748130 ) on Thursday December 06, 2018 @03:17AM (#57757668)

    I'd really like to see who they take to court to try and undo the encryption on the Monero et al. blockchains.

    • by gweihir ( 88907 ) on Thursday December 06, 2018 @03:27AM (#57757702)

      Simple: Own Monero? Go to prison for as long as they like to lock you up! Proto-Fascist nations have no trouble ignoring mathematical reality.

    • by Anonymous Coward on Thursday December 06, 2018 @04:07AM (#57757818)
      While the bill is fucking retarded. You aren't expected to magically break encryption, you are expected to provide as much technical assistance and information as possible when requested. Still a fucking awful invasive disaster that will drive away investment in this sector here, but it isn't quite as insane as what many make it out to be.
      • by mcvos ( 645701 )

        I've heard one report that claimed employees may be forced to secretly implement backdoors in their employer's software, and go to prison if they tell their employer what they're working on in company time.

        That is pretty insane if you ask me. Hopefully Australian companies take their code review seriously.

        • by rtb61 ( 674572 )

          It does not work because you simply FOSS the encryption software, so you the individual, when you implement that open code, are the one not allowing a back door. The code it fully exposed and you simply compile and implement it, no back dooring possible. This is more targeted at social media, possible future generally encrypted email, more for legal reason than actual full encryption ie breaking the law when you decrypt it without permission of the sender. This law will just force people to encrypt all of t

        • I've heard one report that claimed employees may be forced to secretly implement backdoors in their employer's software, and go to prison if they tell their employer what they're working on in company time.

          Oh my what happened to common sense. How exactly could that work? The government is going to have secrety design meetings with employees, while the employees claim to be out sick. Then somehow come back to work and write code that no one else at the company can see?

      • by Tomahawk ( 1343 ) on Thursday December 06, 2018 @08:00AM (#57758350) Homepage

        It's only a 128-bit AES key. We are running the following code to calculate the key:

        for (long i=0; i0xffffffffffffffff; i++) { // something here
        }

        It's running now on our fastest computers. We estimate it'll only take a few dozen millennia to run the calculation, assuming Moore's Law holds for that long...

        Oh, wait, did you say they used a 256-bit AES key...??! We can still help, but we'll need a few dozen eons for the calculation to finish -- actually the universe will probably end, restart and end a few more times before we have the key. When did you say you wanted this by?

        • by Rande ( 255599 )

          We'll get quantum decryption before then?

          And then we'll be back to One-Time-Pads for unbreakable encryption (transferred in couriers heads like Johnny Mnemonic?)

          • by jd ( 1658 )

            Don't need it. You just need to convey by multipath the coordinates of a pulsar and a precise range of times. It's a near-perfect source of random numbers. There's effectively an infinite number of windows and a very large number of pulsars. The odds of intercepting the four numbers, identifying their meaning and then collecting the radio data in the designated time, especially if you send the packets by differing routes, is pretty close to zero.

        • by jd ( 1658 )

          AES has known weaknesses and may well be broken at some point.

          On a quantum computer, you can run any number of those calculations simultaneously. You don't need an exact number, if you can identify a region of keys such that you have reduced the effective key length to 40 bits, you can solve the problem in under half a second.

      • While the bill is fucking retarded. You aren't expected to magically break encryption, you are expected to provide as much technical assistance and information as possible when requested.

        And who gets to decide if you've "provided as much technical assistance and information as possible"?

        And on what basis will they make the decision?

        Hint: it's probably not the hypothetical "you", and they'll decide based on whether you've provided the cleartext they asked for....

        Wonder how long it'll be before the Aussie

        • And who gets to decide if you've "provided as much technical assistance and information as possible"?

          The prosecutor charging you with a crime presumably.

          And on what basis will they make the decision?

          Whether they got the information they were looking for of course.

      • Isn't this the case already in many other countries? The real question is: what are the requirements for law enforcement agencies to be able to force companies to cooperate? Do they get a back door to listen in on everything? Can they ask any time they want? Or is it limited to individuals involved in crimes of a certain severity? Does it require a court order?

        In any case: for services that I make use of, I do not want the service provider to answer such requests with "We won't". The correct answer
    • I'd really like to see who they take to court to try and undo the encryption on the Monero et al. blockchains.

      I'm waiting for all of the smart phones in Australia to be made by Huawei. [bbc.com]

  • by SigmaTao ( 629358 ) on Thursday December 06, 2018 @03:17AM (#57757670) Journal
    I wouldn't be a bit surprised if this bill was a backroom deal between the desires of the five eyes and the Australian Government.
    Breaking encryption for one government breaks it for all.
    I just means there will be a plethora of hidden encryption apps used exclusively by those who plan to do evil.

    Wait until someone adds machine learning to the process of communicating meaning and watch people's messages disappear entirely.
    As it's not words that information gathers wish to capture, but the meanings being conveyed.
    The Australian government have escalated the information war, and don't understand the consequences of doing so.
    • by MrKaos ( 858439 ) on Thursday December 06, 2018 @03:28AM (#57757704) Journal

      Watching the debate that is happening right now, the lies being used to convince the house to pass this Bill are just sickening.

      For US, UK, NZ, Canadian citizens their governments can access the powers via existing intelligence agreements.

      The Australian government have escalated the information war, and don't understand the consequences of doing so.

      Fraud. They talk about not building backdoors, they just want the keys to the front door by coercing IT professionals with fines, liability and jail time.

      • by johnjones ( 14274 ) on Thursday December 06, 2018 @04:52AM (#57757912) Homepage Journal

        its pretty much the same as Regulation of Investigatory Powers Act 2000 (c.23) (RIP or RIPA) is an Act of the Parliament of the United Kingdom

        they don't try and break encryption they simply ask that you hand over the Keys so they can break into the stream

        the same thing as the :

          United States Foreign Intelligence Surveillance Court (FISC, also called the FISA Court) is a U.S. federal court established and authorized under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants.

        so americans do you want to examine your own systems because the people who Cant Infiltrate Anything simply go to court...

        • by MrKaos ( 858439 )

          IIUC the difference is that RIPA has judicial oversight written into the law.

    • by Arzaboa ( 2804779 ) on Thursday December 06, 2018 @03:48AM (#57757756)

      It has been a dream for any one of the five eyes countries to pass laws like this. Once the agencies are able to get a foot in the door, precedence will be used as a reason the other four courts should also have access to the data. "The tools to are already created" argument will now exist in a courtroom . This is going to open a whole plethora of doors for all countries.

      This will quickly spill over into the rest of the world. Once you see the democracies of the world go this route, the flood gates will open. There will be laws made all over the world that will copy this word for word. Entire turn-key packages to look all of this up will be sold to the highest bidders.

      In the end, I see a market being created for stolen country keys and hacked law enforcement portals. Those keys will be nearly priceless. One key for all of whatsapp? Done. One portal for all of proton-mail? Done. The next question will be, "How would you like your secrets served up today sir?"

      --
      Be mindful when it comes to your words. A string of some that don't mean much to you, may stick with someone else for a lifetime. - Rachel Wolchin

      • by dgatwood ( 11270 )

        This will quickly spill over into the rest of the world. Once you see the democracies of the world go this route, the flood gates will open. There will be laws made all over the world that will copy this word for word. Entire turn-key packages to look all of this up will be sold to the highest bidders.

        ... that is, unless all the tech companies grow some balls and agree to all tell Australia to go f**k itself. If Australia finds itself suddenly drop-kicked back to the technological stone age by every major

    • by Rick Schumann ( 4662797 ) on Thursday December 06, 2018 @01:28PM (#57760562) Journal
      If I was any company potentially affected by this, and the data security of my customers was important to me, I'd probably pull my services out of Australia over this, and that's precisely what I'd recommend to any and all companies operating in Australia at this point in time. This is utter and complete bullshit from the Australian government and it should not be allowed to stand.

      ..and as others have pointed out in this instantiation of this subject, as in past conversations about it, as in many comments of my own in the past: now that encryption-for-all is essentially worthless in Australia, only Australian criminals, and terrorists, and other 'ne'er-do-wells' will have encryption -- and the idiotic Australian govenment will have no way to 'force' anyone to unlock any of that. Only legitimate communications, transactions, and data will be compromised.

      The depths of utter stupidity our species is capable of astounds me. It's no wonder, if there are actually starfaring alien civilizations in our galaxy, that they would refuse to reveal themselves to us. Things like this are an embarassment.
  • The senate had to pass back the bill to the house of representatives to accept its amendments, and the government has called it quits for the year in order to avoid allowing asylum seekers to be transferred from island prison camps to australia to receive medical care
    • The senate just passed the bill [theguardian.com] without the amendments.

      Ayes 44

      Noes 12

      The bill is passed.

      Australia’s security and intelligence agencies have legal authority to force encryption services to break the encryptions.

      Shit.

  • by gweihir ( 88907 ) on Thursday December 06, 2018 @03:26AM (#57757700)

    I mean how can you ignore experts on a question that only experts can understand? It does not get much more stupid than this.

    • by MrKaos ( 858439 ) on Thursday December 06, 2018 @03:49AM (#57757758) Journal

      I mean how can you ignore experts on a question that only experts can understand? It does not get much more stupid than this.

      As someone who analysed all 176 pages and make a two part 80 page submission to the PJCIS among many others my sense is that the government wants these powers and they are bulldozing anyone or anything that gets in the way.

      This law is about as offensive to any person who holds free will and freedom of association as one of the fundamental tenants of democracy.

      I wouldn't call it stupid. I'd call it intentionally deceptive and calculated to completely broadside the electorate. The government has gone back on all of its assurances to push this into 2019 and review the Bill properly. To give you an idea of the deception involved, over 100 pages of amendments were presented at 09:00am this morning and at the end of the day no one has even had a chance to look at what the amendments are.

      Furthermore, about 10 minutes ago the so called "opposition" has just revealed that it won't support it's own amendments to the Bill. This is about as a disgusting travesty or so called "democracy" I have ever seen.

      Have no doubt this bill has global ramifications via intelligence sharing agreements.

      • The "opposition" has just moved to drop their own amendments to the Bill. The Division bell is now ringing. The greens attempted to move the "oppositions" amendments however leave was not granted for them to do so.

        So for all of the effort from industry and individuals the Bill now stands before the Senate to be passed as originally presented in its flawed form.

        This is disgusting.

        • by MrKaos ( 858439 )

          It has passed the second reading.

          • by MrKaos ( 858439 )

            the government has just moved to block the greens from proposing the "oppositions" amendments to the bill, an opposition who is now voting against their own ammendments.

            It is now before the senate in its original form.

            I am reporting this to you in real time watch it for yourself [aph.gov.au]

            • by MrKaos ( 858439 )

              The rejection of the amendments has just passed - they are now ringing the division bell to pass it.

              • by MrKaos ( 858439 )
                and it's all over. It appears to me that it has just passed.

                I do hope I am reading the situation wrong and we get another chance to lobby against this bill.

      • by gweihir ( 88907 )

        Oh, the law is not stupid. It comes from people that want significant less freedom for everyone ans significant more power for the "authorities". Fascists and other authoritarians are not necessarily stupid. The ones approving this law are the ones I called stupid.

        And once again, a part of the world is going into darkness...

  • They are attempting to pass the Bill in the senate at this very moment. I am watching them debate passing it it *right now*.

    This is about all software.

  • by DNS-and-BIND ( 461968 ) on Thursday December 06, 2018 @03:37AM (#57757734) Homepage
    Of course it passed. This is the ruling class protecting itself from us. They know well how poorly they represent our interests and we would overthrow them if we had the full story. They would if the situation were reversed. So we must not be allowed to have secrets from them. Of course Labour voted for it. They are all ruling class. They show solidarity with one another and keep us divided and fighting with identity politics. I've recently reread 1984 and one passage sticks out at me.

    The essence of oligarchical rule is not father-to-son inheritance, but the persistence of a certain world-view and a certain way of life, imposed by the dead upon the living. A ruling group is a ruling group so long as it can nominate its successors. The Party is not concerned with perpetuating its blood but with perpetuating itself. Who wields power is not important, provided that the hierarchical structure remains always the same.

  • by Kokuyo ( 549451 ) on Thursday December 06, 2018 @05:02AM (#57757936) Journal

    It seems it's been too long since we've had to work for our freedom and pay for it in blood, both our enemies' and our own.

    That which comes free and is considered to be a given rarely has any worth in the eyes of people.

    We are descending into totalitarianism again, one way or another, and at some point we will be sick enough of being enslaved, also one way or another, that we'll rise up, heads will roll and we'll install another ruling class, one we trust, to slowly grow complacent and enamored with their power.

    The cycle is alive and well and we merely markers on it.

  • The ones in power I presume has the most to hide... I aint shit to hide sir... soon you'll find most people are like that.... except for the ones at the top. This may be your downfall....
  • by petes_PoV ( 912422 ) on Thursday December 06, 2018 @05:51AM (#57758020)

    The first duty of an agency that wishes some unknown data to be decrypted would be to prove that it was, in fact, an encrypted message. If they were presented with a file containing random numbers they couldn't just say "you must provide the key to decrypt that" as they have not shown that such a key actually exists.

    Of course, the only way to prove that such a key exists would be to use it to decrypt the data. But until the transmission of blocks of random junk becomes widespread and well known (possibly with the occasional encrypted message inserted, as government agencies do it) the "reasonable man" criteria would apply and courts would assume that all apparently random data is actually encrypted messages.

  • by thegarbz ( 1787294 ) on Thursday December 06, 2018 @06:14AM (#57758082)

    Okay honey, let me go pass a law to make them exist for you.

  • Aussies are all for compression. They compress words lie:

    Sraya for Australia
    Assie for Australian
    Avro for Afternoon
    Brickie for Bricklayer
    Brolly for umbrella
    etc..

    Since encryption messes with compression. They are culturally averse to it.

  • hold back an OS and telco who have to help a 5 eye gov/mil?
  • by jittles ( 1613415 ) on Thursday December 06, 2018 @08:59AM (#57758610)
    US: Nobody can do anything more embarrassing than us. Just look at the 'president' we've elected.
    Australia: Hold my beer...
  • by srichard25 ( 221590 ) on Thursday December 06, 2018 @09:45AM (#57758834)

    There's a rather straight forward solution to this problem, but I doubt tech companies have the backbone to do it. Every tech company should stop selling their products and services to Australia until this law is reversed. Take away the iPhones, Facebook, Android, and every all website from anyone in Australia. Let the people of Australia decide if they want these gadgets or if they want a government that can break encryption.

    • Huawei [bbc.com] will dominate the market!
  • Companies bulding encryption into their product is absolutely worthless. I don't trust any app that provides its own security/encryption. I don't trust the company to not give it up. For example any cloud company wanting me to use their service. I'll encrypt my data locally using encryption tools that I control and upload a pre-encrypted blob to your cloud if I want to use your service.

  • For those needing it, personal watermark encryption will make this vote inoperative.

  • If the government takes your computer, or device, there will be nothing to decrypt.

    Does the also require passwords to online storage?

  • Looking in outstanding mode but have folk who
    * Actually read the act
    * Read amendments
    * Informed debate on how this cascades
    * Impact on companies and customers

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