1. The future of assistance to law enforcement in an end-to-end encrypted world
- Author:
- Tom Uren
- Publication Date:
- 02-2022
- Content Type:
- Special Report
- Institution:
- Australian Strategic Policy Institute (ASPI)
- Abstract:
- Domestic telecommunications companies assist law enforcement by the lawful interception of otherwise private communications when presented with a valid warrant. This has been a powerful tool to combat crime. In the 2019–20 financial year, for example, 3,677 new warrants for telecommunications interception were issued, and information gained through interception warrants was used in 2,685 arrests, 5,219 prosecutions and 2,652 convictions. That was in the context of 43,189 custodial sentences in the same year. But law enforcement and security officials assert that the usefulness of ‘exceptional access’, as it’s called in this paper, has declined over time as strong encryption has become increasingly common. Australian Security Intelligence Organisation (ASIO) Director-General Michael Burgess has stated that encryption ‘damages intelligence coverage’ in 97% of ASIO’s priority counter-intelligence cases. The problem of increasingly powerful encryption degrading the usefulness of exceptional access is often referred to as ‘going dark’. The Australian Government has committed to the reform of Australia’s electronic surveillance legislative framework.5 Although its discussion paper mentions encryption only in passing,6 we can expect that encryption and going dark will be a topic of debate as reform is considered. This paper contributes to that debate by examining how firms that provide digital communications services can provide assistance to law enforcement even as strong encryption is increasingly common. Although exceptional access is primarily concerned with evidence collection, it may be better in some cases to focus on crime prevention, when it comes to achieving society’s broader aim of safety and security. This may be especially true for serious offences that cause significant harms to individuals, such as child exploitation and terrorism.
- Topic:
- Science and Technology, Law Enforcement, Cybersecurity, Police, and End-to-End Encryption
- Political Geography:
- Australia and Global Focus