Regulatory arbitrage and transnational surveillance: Australia's extraterritorial assistance to access encrypted communications

Monique Mann, Angela Daly and Adam Molnar

Internet Policy Review: Journal on Internet Regulation, 2020, vol. 9, issue 3, 1-20

Abstract: This article examines developments regarding encryption law and policy within 'Five Eyes' (FVEY) countries by focussing on the recently enacted Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth) in Australia. The legislation is significant both domestically and internationally because of its extraterritorial reach, allowing the development of new ways for Australian law enforcement and security agencies to access encrypted telecommunications via transnational designated communications providers, and allowing for Australian authorities to assist foreign counterparts in both enforcing and potentially circumventing their domestic laws. We argue that Australia is the 'weak link' in the FVEY alliance as - unlike other FVEY members - has no comprehensive enforceable human rights protections. Given this, there is a possibility for regulatory arbitrage in exploiting these new surveillance powers to undermine encryption via Australia.

Keywords: Encryption; Five eyes; Surveillance; Extraterritoriality (search for similar items in EconPapers)
Date: 2020
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (2)

Downloads: (external link)
https://www.econstor.eu/bitstream/10419/224940/1/1733853324.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:zbw:iprjir:224940

DOI: 10.14763/2020.3.1499

Access Statistics for this article

More articles in Internet Policy Review: Journal on Internet Regulation from Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin
Bibliographic data for series maintained by ZBW - Leibniz Information Centre for Economics ().