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The government has argued that the legislation is necessary because of the increased phenomenon of criminal groups ‘going dark’ : Using end-to-end encryption to evade surveillance. However, the Digital Industry Group Inc (DIGI) — whose members include Amazon, Facebook, Google, Oath, and Twitter — have told the government that the proposed legislation may make it “easier for bad actors to commit crimes against individuals, organisations or communities”. The Assistance and Access Bill includes three types of assistance that can be sought from tech companies by police and intelligence agencies. The first is a request for voluntary assistance. The second type — “technical assistance notices”— would legally compel a service provider to assist police. The third type — “technical capability notices” — would require a company to build a http://marketplaceckn.realscienceblogs.com whole new capability to allow police to access data. The two types of notice cannot require a service provider “to implement or build a systemic weakness, or a systemic vulnerability, into a form of electronic protection,” an explanatory memorandum accompanying the draft legislation states. However, DIGI in a submission to the government’s public consultation on the bill notes that technical assistance or technical capability notices still may require a company to “provide assistance or build capabilities that impact the security of the service provider’s system, product or services in a non-systemic way” or “to implement or build a systemic weakness or vulnerability into something other than ‘a form of electronic protection’.” “These requirements have potential to erode consumer trust and introduce weaknesses that malicious actors could exploit,” DIGI argues. The group said it was also concerned at the lack of oversight and “the absence of checks and balances with this legislation”. Read more Telstra's cyber security leaders exit “Notices can be issued based on the judgment of decision-makers at agencies or the Attorney-General,” DIGI says. “These Notices may be issued based on facts or criteria that are not known to the recipient, and without full understanding of a technology on the part of an agency.” The proposed legislation as it stands may require a company to violate the laws of other countries in which they operate, potentially placing it in an “impossible situation”.
For the original version including any supplementary images or video, visit https://www.computerworld.com.au/article/646497/tech-companies-issue-warning-over-government-surveillance-bill/
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