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Australia Considering New Law Weakening Encryption

News from Australia:

Under the law, internet companies would have the same obligations telephone companies do to help law enforcement agencies, Prime Minister Malcolm Turnbull said. Law enforcement agencies would need warrants to access the communications.

“We’ve got a real problem in that the law enforcement agencies are increasingly unable to find out what terrorists and drug traffickers and pedophile rings are up to because of the very high levels of encryption,” Turnbull told reporters.

“Where we can compel it, we will, but we will need the cooperation from the tech companies,” he added.

Never mind that the law 1) would not achieve the desired results because all the smart “terrorists and drug traffickers and pedophile rings” will simply use a third-party encryption app, and 2) would make everyone else in Australia less secure. But that’s all ground I’ve covered before.

I found this bit amusing:

Asked whether the laws of mathematics behind encryption would trump any new legislation, Mr Turnbull said: “The laws of Australia prevail in Australia, I can assure you of that.

“The laws of mathematics are very commendable but the only law that applies in Australia is the law of Australia.”

Next Turnbull is going to try to legislate that pi = 3.2.

Another article. BoingBoing post.

EDITED TO ADD: More commentary.

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The US Senate Is Using Signal

The US Senate just approved Signal for staff use. Signal is a secure messaging app with no backdoor, and no large corporate owner who can be pressured to install a backdoor.

Susan Landau comments.

Maybe I’m being optimistic, but I think we just won the Crypto War. A very important part of the US government is prioritizing security over surveillance.

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Encryption Policy and Freedom of the Press

Interesting law journal article: “Encryption and the Press Clause,” by D. Victoria Barantetsky.

Abstract: Almost twenty years ago, a hostile debate over whether government could regulate encryption — later named the Crypto Wars — seized the country. At the center of this debate stirred one simple question: is encryption protected speech? This issue touched all branches of government percolating from Congress, to the President, and eventually to the federal courts. In a waterfall of cases, several United States Court of Appeals appeared to reach a consensus that encryption was protected speech under the First Amendment, and with that the Crypto Wars appeared to be over, until now.

Nearly twenty years later, the Crypto Wars have returned. Following recent mass shootings, law enforcement has once again questioned the legal protection for encryption and tried to implement “backdoor” techniques to access messages sent over encrypted channels. In the case, Apple v. FBI, the agency tried to compel Apple to grant access to the iPhone of a San Bernardino shooter. The case was never decided, but the legal arguments briefed before the court were essentially the same as they were two decades prior. Apple and amici supporting the company argued that encryption was protected speech.

While these arguments remain convincing, circumstances have changed in ways that should be reflected in the legal doctrines that lawyers use. Unlike twenty years ago, today surveillance is ubiquitous, and the need for encryption is no longer felt by a seldom few. Encryption has become necessary for even the most basic exchange of information given that most Americans share “nearly every aspect of their lives ­– from the mundane to the intimate” over the Internet, as stated in a recent Supreme Court opinion.

Given these developments, lawyers might consider a new justification under the Press Clause. In addition to the many doctrinal concerns that exist with protection under the Speech Clause, the
Press Clause is normatively and descriptively more accurate at protecting encryption as a tool for secure communication without fear of government surveillance. This Article outlines that framework by examining the historical and theoretical transformation of the Press Clause since its inception.

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David Cameron's Plan to Ban Encryption in the UK

In the wake of the Paris terrorist shootings, David Cameron has said that he wants to ban encryption in the UK. Here’s the quote: “If I am prime minister I will make sure that it is a comprehensive piece of legislation that does not allow terrorists safe space to communicate with each other.”

This is similar to FBI director James Comey’s remarks from last year. And it’s equally stupid.

Cory Doctorow has a good essay on Cameron’s proposal:

For David Cameron’s proposal to work, he will need to stop Britons from installing software that comes from software creators who are out of his jurisdiction. The very best in secure communications are already free/open source projects, maintained by thousands of independent programmers around the world. They are widely available, and thanks to things like cryptographic signing, it is possible to download these packages from any server in the world (not just big ones like Github) and verify, with a very high degree of confidence, that the software you’ve downloaded hasn’t been tampered with.

Cameron is not alone here. The regime he proposes is already in place in countries like Syria, Russia, and Iran (for the record, none of these countries have had much luck with it). There are two means by which authoritarian governments have attempted to restrict the use of secure technology: by network filtering and by technology mandates.

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