Australia Threatens to Force Companies to Break Encryption

In 2018, Australia passed the Assistance and Access Act, which—among other things—gave the government the power to force companies to break their own encryption.

The Assistance and Access Act includes key components that outline investigatory powers between government and industry. These components include:

  • Technical Assistance Requests (TARs): TARs are voluntary requests for assistance accessing encrypted data from law enforcement to teleco and technology companies. Companies are not legally obligated to comply with a TAR but law enforcement sends requests to solicit cooperation.

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Child Exploitation and the Crypto Wars

Susan Landau published an excellent essay on the current justification for the government breaking end-to-end-encryption: child sexual abuse and exploitation (CSAE). She puts the debate into historical context, discusses the problem of CSAE, and explai… Continue reading Child Exploitation and the Crypto Wars

Regulating DAOs

In August, the US Treasury’s Office of Foreign Assets Control (OFAC) sanctioned the cryptocurrency platform Tornado Cash, a virtual currency “mixer” designed to make it harder to trace cryptocurrency transactions—and a worldwide favorite money-laundering platform. Americans are now forbidden from using it. According to the US government, Tornado Cash was sanctioned because it allegedly laundered over $7 billion in cryptocurrency, $455 million of which was stolen by a North Korean state-sponsored hacking group.

Tornado Cash is not a traditional company run by human beings, but instead a series of “smart contracts”: self-executing code that exists only as software. …

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UK Government to Launch PR Campaign Undermining End-to-End Encryption

Rolling Stone is reporting that the UK government has hired the M&C Saatchi advertising agency to launch an anti-encryption advertising campaign. Presumably they’ll lean heavily on the “think of the children!” rhetoric we’re… Continue reading UK Government to Launch PR Campaign Undermining End-to-End Encryption

ACLU sues FBI for information about its encryption-cracking skills

The FBI must be more transparent about its ability to break into people’s mobile devices, the American Civil Liberties Union says, and the group is suing for information about what the feds have in their toolkit. The ACLU says the bureau should come clean about what its Electronic Device Analysis Unit (EDAU) is using “to unlock and decrypt information that is otherwise securely stored on cell phones.” The group filed a Freedom of Information Act lawsuit Monday in a San Francisco federal court. “We’re demanding the government release records concerning any policies applicable to the EDAU, its technological capabilities to unlock or access electronic devices, and its requests for, purchases of, or uses of software that could enable it to bypass encryption,” the ACLU says in a news release. The suit is the latest offensive in what some call the Crypto Wars — an ongoing legal and policy struggle over […]

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EARN IT: Privacy, Encryption, and Policing in the Information Age

You may have heard about a new bill working its way through the US congress, the EARN IT act. That’s the “Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020”. (What does that mean? It means someone really wanted their initials to spell out “EARN IT”.)

EARN IT …read more

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Privacy groups are still trying to get documents unsealed in Facebook encryption case

Civil liberties groups on Tuesday asked an appeals court to unseal a federal judge’s ruling that rejected a U.S. government effort to force Facebook to decrypt voice calls. The American Civil Liberties Union and the Electronic Frontier Foundation argue that the public has a right to know about how U.S. prosecutors tried to force Facebook to decrypt the calls in a 2018 investigation of the MS-13 gang, and why a judge rejected the prosecutors’ effort. The Department of Justice is urging the court to keep the ruling sealed, arguing that making it public could compromise ongoing criminal investigations. It is the latest front in a broader standoff between privacy advocates and law enforcement over access to encrypted communications. Law enforcement officials have for years lamented that strong encryption has hampered investigations into terrorists and criminals. But many technologists say any software especially designed for law enforcement access risks weakening security […]

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Australia passes world’s first law authorizing encryption backdoors

Australia’s Parliament on Thursday passed the world’s first law requiring technology companies to give law enforcement officials access to encrypted messages and communications. The law authorizes police to compel companies to create a security vulnerability, often called a backdoor, that would give investigators access to an individual’s communication without that person’s knowledge. It marks a major milestone in the so-called “crypto wars” over the public’s ability to “go dark” via the powerful encryption available on commercial devices. Authorities in Australia, U.S., and U.K. for years have argued such access is necessary to help police combat encryption in modern technology that protects them from traditional interception techniques. Privacy advocates, technologists and businesses including Apple have criticized the Australian bill and similar proposals elsewhere, saying such plans would introduce portals for government abuse and malicious hackers alike. Companies that fail to obey the law risk being fined. “This ensures that our national security […]

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FBI director: Without compromise on encryption, legislation may be the ‘remedy’

FBI Director Christopher Wray said Wednesday that unless the U.S. government and private industry are able to come to a compromise on the issue of default encryption on consumer devices, legislation may be how the debate is ultimately decided. “I think there should be [room for compromise],” Wray said Wednesday night at a national security conference in Aspen, Colorado. “I don’t want to characterize private conversations we’re having with people in the industry. We’re not there yet for sure. And if we can’t get there, there may be other remedies, like legislation, that would have to come to bear.” Wray described the issue of “Going Dark” because of encryption as a “significant” and “growing” problem for federal, state and local law enforcement as well as foreign law enforcement and intelligence agencies. He claims strong encryption on mobile phones keeps law enforcement from gaining access to key evidence as it relates […]

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