AUSTRALIAN ANTI-ENCRYPTION LAW & CYBER SECURITY
Encryption as a subject has always intrigued both technologists and policy-makers. While encryption provides a distinctive new level of security and also guarantees privacy, at the same time it presents a grey zone as far as policymaking is concerned. Lot of sovereign governments increasingly believe the common prevalent reality that encryption in today’s scenario is not only being used for legitimate purposes but is also being used for committing various crimes and for criminal activities and purposes. In this context, different countries have sought to come up with their own distinctive legislations to govern different aspects of encryption.
Australia recently passed its new anti-encryption legislation. The said legislation is indeed historic since this got passed with the assistance of both the ruling party as also the opposition party. The said law for the first time explores new grounds inasmuch as it has chosen to stipulate various duties of stakeholders using encryption levels. Governmental and sovereign interest has been declared as the topmost priority and it will be made the legal responsibility of all stakeholders to provide access to governmental agencies on encryption platforms. The said legislation is indeed seeking to push the envelope as far as the jurisprudence on encryption law is concerned and it is also the manifestation of the growing envelope of cyber security law jurisprudence.
This Book seeks to unravel and analyze some of the key salient parameters and features of Australian new law on encryption. It not only seeks to understand the various objectives and goals of the legislation but also seeks to analyze the positives and challenges thrown up by the said legislation. The said legislation has increasingly been met with a lot of opposition from various corporate players who view this legislation as an increasing outreach by the Government on corporate affairs.
Given the fact that encryption is a very complicated technical subject, this Book seeks to present some of the features of Australian new law on encryption in an easy language for lay users. It seeks to provide perspective on how the said legislation could have a potential impact upon various sectors of the economy.
It will be interesting to see how the said legislation is effectively going to be implemented and the potential response of various stakeholders to the compliance levels stipulated by such legislation. Nonetheless such legislation constitutes an important milestone in the evolving cyber security law jurisprudence.
This Book would of tremendous value for all stakeholders who are, in one way or the other, interested in or working in encryption related technologies. It should particularly be of interest to all lawyers, lawmakers, legal professionals, lawyers, judges, academicians, nation states, governments but also other stakeholders, who are dealing with different aspects of encryption in their day-to-day activities.
This Book is authored by Dr. Pavan Duggal (pavanduggal.com) an internationally renowned and acclaimed foremost expert on Cyber Security Law and Cyberlaw, who has been acknowledged as one of the top four cyber lawyers of the world. The author runs his niche law firm Pavan Duggal Associates, Advocates ( pavanduggalassociates.com/ ) which is working on all aspects concerning technology and the law.
© Pavan Duggal, 2018