International implications of the telecommunications and other legislation amendment (Assistance and Access) Act 2018

This report, prepared by the Australian Privacy Foundation, analyses the international ramifications of the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth) (‘AA Act’), which amends the Telecommunications Act 1997 (‘TA’). It evaluates the legal
obligations that could be imposed upon “designated communication providers” offering services or systems that are accessible by Australian internet and telecommunications users. It focuses on how
service providers located anywhere in the world could be compelled to develop technology to assist Australian security agencies to access encrypted information with very limited oversight. In addition,
it reviews how foreign governments may be able to use the legislation for their own investigatory purposes under the purview of a joint investigation with Australia. This paper concludes with a summary of the main issues and concerns regarding the international significance of the legislation.