Does Surveillance Law Provide Security or Threaten Privacy?

To what extent has current surveillance
law kept up with technology change?

Introduction
The surveillance laws are applicable on various network media of Australia which include
telephone, internet services and other communication services, finance related systems,
international travel, government schemes and policies and such other services. The technology of
surveillance is prevalent in society and particularly government surveillance has brought under
public scrutiny, with proponents considering it as increase in the security while opponents
criticizing it as invading the privacy. Furthermore, the digital privacy of Australians has ended
since the entire communication industry has turned into a monitoring and surveillance member
of around 21 agencies of the executive government. The Australian telecommunication
companies and ISPs have been instructed to retain the recorded mobile data by electronic means,
phone line calls and text messages, electronic mails and information related to the location of the
Australians.1The intelligence and legal organizations have instant, warrantless and increasing
access to all the phones and internet metadata essential for law. Additionally, there is a provision
of $2 million penalty on telecommunication companies and ISPs for non-compliance of the
policy.
Discussion
The surveillance laws of Australia have increased a lot of attention from worldwide privacy
groups and various technology companies. Due to internet services, crimes, smartphone
applications and data can propagate easily all across the world as well as the proposed legislation
pressurizes to enable the authorities to have greater access to the secured messages of suspects.2
1Thomas Kearns, "Technology and the right to privacy: The convergence of surveillance and information privacy
concerns" (1999) 7(3) William & Mary Bill of Rights Journal.
2Ariel Bogle, Australia's surveillance laws could damage internet security globally, critics say (2018) ABC News
<https://www.abc.net.au/news/science/2018-10-02/proposed-surveillance-laws-draw-international-criticism/
10300170>.

At the time of introducing the Assistance and Access Bill to parliament, the Home Affairs
Minister Peter Dutton stated that the lack of access the encrypted communications create huge
hindrance for the national security as well as for law enforcement agencies. The passing of bill
might make Australia a troublesome test case aimed at the world due to the expansive powers of
the bill. Most of the technology companies including Apple and Microsoft have placed their
concerns with a drafted legal version in the form of a proposal to the government and raised their
concerns about the amended version of the bill. Three major powers being proposed by the bill
are technical aid appeal, wherein, a company can select to help willingly by providing
information regarding the improvement of new online service; technical aid notification wherein,
a company is required to provide help if possible; and third is the technical capability notice
wherein, the company is required to develop a new function in order to assist police till the
requirement of encryption breakage. So, there is a fear among the companies that the proposed
powers of the bill will require them to develop new ways of interrupting electronic mails and text
messages which could have severe effects for the online security internationally as well as at
local level.3
It has been mentioned by the government that the bill cannot be utilized to request the formation
of systemic susceptibilities which include discouraging the encryption of entire devices.
However, it includes a number of activities that are required to be performed by the provider for
the authorities such as installation, maintenance, testing or utilizing software or tools. The
submission of alliance states that installation of unknown or unapproved software, could lead to
unforeseen susceptibilities into the products along with other consequences.4Furthermore, the
technology policy in Five Eyes countries or intelligence-sharing alliance, which includes
3Michelle Cayford and Wolter Pieters, "The Effectiveness Of Surveillance Technology: What Intelligence Officials
Are Saying" (2018) 34(2) The Information Society.
4Vivek Wadhwa, Laws and ethics can’t keep pace with technology (2014) MIT Technology Review
<https://www.technologyreview.com/s/526401/laws-and-ethics-cant-keep-pace-with-technology/>.