Assistance And Access Act 2018

Running head: ASSISTANCE AND ACCESS ACT 2018
ASSISTACE AND ACCESS ACT 2018
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1ASSISTANCE AND ACCESS ACT 2018
Introduction and Context
The Telecommunication and Other Legislation Amendment Bill which is also termed
as the Assistance and Access Bill was passed in the year 2018. In this era where the entire
system of data is stored in the form of electronic data by the means of digitization this act was
enforced for cyber security tools and techniques which would help in creating an
environment for safe online activities in Australia (Kopsias, 2019). One of the most common
aspect used as per this act are the tools for the encryption of the data. Data encryption ensures
security of digital transactions like, shopping or banking online and also helps in securing the
data files and others present in the computer memory, hard disk or cloud. With the help of
several algorithms and technologies along with internet, encryption of the data has been much
easier (Adams, 2016). However, this acts has a dark side as well, allowing the drug
smugglers, human traffickers and even terrorists to hide valuable information and cover their
elicit activities which helps a lot in their crimes. With criminal organizations getting
increasingly digitally sophisticated the use of internet technology and cyber laws and acts like
these for their own benefits grows easier for them. In recent times due to the vast changes in
the technology valuable data, forensic evidence and intelligence report have slowly gone
useless or have been destroyed by criminal master minds.
The Going Dark Debate of the United States is based on this act as well. According to the
debate, the US government decides upon usage of the weak encryption of the data
applications, which would make it easier for the intelligence bureau to track the illegal
activities that go on with the help of the internet (Gasser et al., 2016). The crimes like the
trafficking, drug dealing and the others make good usage of the encryption mechanism to
protect the “darkest” of the secrets. Eavesdropping for the government agencies becomes
extremely difficult. The act which was meant for the protection of the privacy of the

2ASSISTANCE AND ACCESS ACT 2018
information is also the act which has caused the biggest problem for the State and National
Security as well.
However, Australia was not the only one behind the enforcement of the act, the five
nations, that is Australia, United States, United Kingdom, New Zealand, and Canada has have
developed some combination of parliamentary/congressional, judicial, independent oversight
of the intelligence agencies. However, there are certain differences in the scopes as well
(Svantesson, 2018). All of them agreed upon the one aspect that is the safety and the security
of the data of an individual. The Five Eyes Intelligence Oversight and Review Council,
agreed to share their experiences and all their best practises in a council that will be held
quarterly and annually. They all decided upon the purpose of the act as well. The propose of
the act is to modify the environment for communication by increasing the usage of the
encrypted communication. The act helps in development of the rules and regulations of the
business companies who provide services of communication to other agencies. It also helps in
development of several Computer Access Warrants which would assist in the enforcement of
the cyber law.
Aims and operational approaches of the Act
The types of assistance that can be requested under this Act as per the Industry
Assistance Framework are:
Technical assistance request (TAR) - This is mainly the purpose of voluntary assistance
granting civil immunity as well as limited criminal immunity for any type of assistance that is
provided.
Technical assistance notice (TAN) - This mainly for the purpose of compulsory assistance
and this particular power is to be made use of to request for the assistance that a specific
designated communications provider is capable of providing (Kopsias, 2019).