New
Australian bill introduces some of the toughest legislation anywhere
in the world for refusing to hand over personal data, while other
Western countries are scrambling for their own solutions.
Existing
legislation already allows for imprisonment for up to two years for
failing to give investigators access when serious crime is involved,
but the new Assistance and Access bill, which has gone out for public
consultation, before being voted on later on this year, raises the
punishment to 10 years.
The
Department of Home Affairs says the document is seeking a “reasonable
and proportionate response” to such violations.
“Encryption
and other forms of electronic protection… are being employed by
terrorists, child sex offenders and criminal organisations to mask
illegal conduct. The exploitation of modern communications technology
for illicit ends is a significant obstacle to the lawful access of
communications by Australia’s law enforcement and national security
agencies,” says its intro.
To give
weight to its proposal, the ministry gives an example of a pedophile
rapist, who was using mobile messengers to offer drugs to underage
teens in exchange for sex.
“The
suspect was arrested and his mobile phone was seized but despite
legislative requirements he refused to provide his passcode. Due to
an inability to access his phone as well as the fact that he used
encrypted communication methods such as Snapchat and Facebook
Messenger, Victoria Police was unable to access evidence which would
have enabled them to secure a successful prosecution and identify
further victims and offences,” goes the case study.
The US
has no standard practice for such scenarios, and there has been legal
debate whether such requests from the police – with or without a
warrant – are a violation of constitutional rights. A Florida man
was jailed for six months for contempt of court in July for failing
to open his phone communication after a suspected drug arrest. The UK
has also used contempt of court for similar instances, but the
sentences have usually been measured in months, not years.
Source,
links:
Comments
Post a Comment