Subject Code : BISM7213
Assignment Task:

Overview and Requirements

In our introductory seminars, we have discussed how important it is for the information security analyst to keep up-to-date with new laws that emerge and possibly impact the analyst. 

It is now quite common that technology/software application companies include secure communication features in their products. Frequently these communication features are based upon “end-to-end” encryption. This functionality has directly heightened fears in many law enforcement agencies across many countries that the agencies’ surveillance capabilities are progressively “going dark1”. This, in turn, has heightened the differences in ideology, legislation and security practices that are viewed as necessary by various major community stakeholders such as law enforcement agencies, the overall information security community, privacy advocates, and the general business community. 

Following a short consultation period, the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 received royal assent on 8th December 2018 and became Australian law. The passage of the Act was quite controversial – there were/are many critics. The passage of the Act was also premised on a further review of the Act by the Parliamentary Joint Committee on Intelligence and Security (PJCIS). The PJCIS later published a report on 3rd April 2019 about the Act. In this April report, the PJCIS declined to make any substantial amendments to the Act. The PJCIS, however, did make the following recommendations: 

• The PJCIS continues to review that Act and consider potential amendments. An additional PJCIS report would be delivered by 13th April 2020; 

• The Independent National Security Legislation Monitor (INSLM) would conduct a review of the Act to examine the performance, success, and application of the Act. This review is due on 1st March 2020. 

 A term that seems to have originated with the US Federal Bureau of Investigation. It denotes the increasing difficulty of law enforcement agencies to do their job. 

In this assignment, you are required to describe and critically analyse the context, the aims/goals/operational approaches, and broad commentary of the Access and Assistance Act. You are required to report your analysis in approximately 2000 words (12-point font). Your report should have the following top-level structure: 

1. Introduction and context. The case for the Act – why the Australian Government has framed this legislation. In describing this case, it is also necessary to briefly summarize the ‘going dark’ debate (especially in the U.S.). The case for the Act may also include some analysis of the coalition of 5 nations called “Five Countries” or “Five Eyes” – and the role, if any, this coalition plays in the formulation of the Act. 

2. Aims and operational approaches of the Act. Please note that this does not mean a detailed legal analysis of the Act. You need to describe in business English (not legal terminology) what the Act requires of the business sector. It is suggested you consider the following headings for this section of your report2: 

  •  The types of assistance that can be requested under the Act.
  • The types of businesses that can be called upon for assistance under the Act.
  • The details of which Australian authorities can use the Act and therefore issue industry requests.
  • Enforcement protocols and penalties in cases of ‘perceived non-compliance’.
  •  A brief overview of the United States CLOUD Act and how the US and the Australian legislation may ultimately complement each other. 

3. A discussion of the major concerns about the Act. For example, there has been great debate as to the possibilities of the Act causing the introduction of ‘systemic’ weaknesses into vital business/community software systems. The Government has said that this cannot be done under the Act – however, the critics on this point remain very vocal. Why is this the case? 

 

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  • Uploaded By : Alex Cerry
  • Posted on : June 06th, 2019

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