STATEMENT FROM COMMUNICATIONS ALLIANCE ON ENCRYPTION BILL

Sydney, 4 December 2018: Comments by Communications Alliance CEO, John Stanton:

“We do not yet have a detailed picture of what the Government and Labor may have agreed in relation to the Encryption Bill. We need to see that detail before commenting substantively.

“If the revised draft Bill attempts to define ‘systemic weakness’ – as it should do - it is important that this definition not be so narrow that it allows substantial and dangerous back-doors to be ordered by enforcement agencies and yet escape being identified as systemic weaknesses.

“Additional oversight of enforcement agencies and actions under this legislation are welcomed, but this should include the right to an independent assessment of whether the orders made by agencies upon communications providers are reasonable and proportionate and can be complied with – not just whether the orders would create a back-door.

“We await further detail, including as to the nature of the work the PJCIS will undertake into the new year, and whether this is capable of generating the additional amendments that this flawed legislation will doubtless require.

“While the outcome is not yet clear, we do acknowledge and applaud the effort of the PJCIS Members, and in particular Mark Dreyfus, who stuck to their guns and pursued their inquiry in a professional way, despite enormous and inappropriate pressure from the Government to curtail their work.”