In previous editions of Legal Bytes, in September and December 2018 and our client alert released in 2018, we explained the implications of Australia's new Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Encryption Act) which became law on 8 December 2018.

Australia's Parliamentary Joint Committee on Intelligence and Security (the Committee) has commenced a fresh review of all aspects of the Encryption Act and its implementation, including a review of Government amendments swiftly introduced and passed on 6 December 2018. The controversial new law affects a broad array of suppliers across the IT industry including equipment and device manufacturers, infrastructure providers, cloud-based storage services, software developers and weband-app based communications services including social media. It empowers law enforcement and national security agencies to gain access to encrypted information and messages held in electronic devices and online services.

Recent reports indicate that the Australian Federal Police (AFP) have already relied on the Encryption Act's powers, whilst investigating drug trafficking and child exploitation incidents, despite the fact that the Committee is not set to report on its review until 3 April 2019.

Under the new law, refusal to grant authorities access to devices is punishable with up to 10 years in prison. The AFP has informed a parliamentary inquiry that they have already used the threat of such penalty to compel two suspects to forfeit their passwords. Citing secrecy provisions in the law, the AFP has declined to reveal whether they have relied on the laws to compel device makers or telecommunications companies to break or bypass encryption mechanisms.

Australia is widely considered a test case for such new laws, and with numerous key international players affected, the results of the secondary review will be sure to garner worldwide attention .

Submissions to the Committee's review are due by 22 February 2019.

For further information on the Committee's review click here. To read more about the AFP's use of the new encryption law powers, see here.