Here are my thoughts on jurisdictional sovereignty, in terms of your data, and how an American company calling out Australia is the pot calling the kettle black.
https://www.krisconstable.com/its-time-to-think-about-jurisd...
Microsoft says encryption laws make companies wary of storing data in Australia
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Re: Microsoft says encryption laws make companies wary of storing data in Australia
#82I have migrated to Australia many years ago and I have recently become eligible to become a citizen. However I’ve heard stories of tech companies refusing to hire Australians because of the AA Bill, so I’m holding it off for now. The problem seems to be the provision that a tech worker can be coerced by the Australian Government into creating a backdoor, and they are not authorised to disclose it to their employer. I…
How confident are my fellow American citizens that the American government doesn't effectively have the same power? I mean if someone showed up at your house in a black Suburban with an official-looking letter that seemed like a court order that you provide them with a backdoor and threatening you with all manner of charges if you go public. How confident are you you could walk away cleanly from that any other way?
The American government does theoretically have this power, but it's not like any major player is refusing to do business with Americans yet because the downside to that is massive. It's possible it could come to that eventually.
Australia is a target for retribution here because the policy is newer and they're a smaller player.
Re: Microsoft says encryption laws make companies wary of storing data in Australia
#83I have migrated to Australia many years ago and I have recently become eligible to become a citizen. However I’ve heard stories of tech companies refusing to hire Australians because of the AA Bill, so I’m holding it off for now. The problem seems to be the provision that a tech worker can be coerced by the Australian Government into creating a backdoor, and they are not authorised to disclose it to their employer. I…
How confident are my fellow American citizens that the American government doesn't effectively have the same power? I mean if someone showed up at your house in a black Suburban with an official-looking letter that seemed like a court order that you provide them with a backdoor and threatening you with all manner of charges if you go public. How confident are you you could walk away cleanly from that any other way?
Well I assume the first thing you do if you cop a notice is talk to a lawyer, and if the government's request is illegal, the American lawyer will tell you so. Since this legislation, the Australian lawyer is going to have to tell you to just do it.
Re: Microsoft says encryption laws make companies wary of storing data in Australia
#84That's one of the biggest things that lawmakers here couldn't seem to understand - tech companies have high mobility across borders. Even if a law has no teeth, why would Microsoft store data in Australia when the next country over can still serve data for the region? It just creates too much risk, from a privacy and PR standpoint. Startups will be more adverse to founding in Australia as well. It just creates a blac…
I think that "high mobility across borders" is an assumption based on existing trade regulations. From recent developments it's clear countries can and do force companies to do things they don't want, and companies will do it because they can't or won't lose access to consumers in those markets. For example, Apple has begun storing Russian user data in Russia in compliance with Russian data storage laws ( https://ven…
The Trump Administration also passed a law that affects companies that store data overseas so that they can get that data, after big companies fought such subpoenas.
Re: Microsoft says encryption laws make companies wary of storing data in Australia
#85The three areas of contention in the bill:
> A technical assistance request (TAR): Police ask a company to "voluntarily" help, such as give technical details about the development of a new online service.
> A technical assistance notice (TAN): A company is required to give assistance. For example, if they can decrypt a specific communication, they must or face fines.
> A technical capability notice (TCN): The company must build a new function to help police get at a suspect's data, or face fines.
This approach is ripe for abuse. Even if a company is served with a TAN and "can't technically decrypt" then a TCN can force them to downgrade/backdoor the platform security to comply. The TAR seems token at best.
Re: Microsoft says encryption laws make companies wary of storing data in Australia
#86Re: Microsoft says encryption laws make companies wary of storing data in Australia
#87Earlier quoted context omitted.
Is this true ? There is no way I am hiring an Australian citizen then.
The answer is "it's complicated." See https://github.com/alfiedotwtf/AABillFAQ
Very much complicated.
Just leaving this here: https://coincircle.com/l/50VVxbObg3
Re: Microsoft says encryption laws make companies wary of storing data in Australia
#88Beware that Indian companies can hand over your data to Indian agencies anytime without any court order[0].
Re: Microsoft says encryption laws make companies wary of storing data in Australia
#89I have migrated to Australia many years ago and I have recently become eligible to become a citizen. However I’ve heard stories of tech companies refusing to hire Australians because of the AA Bill, so I’m holding it off for now. The problem seems to be the provision that a tech worker can be coerced by the Australian Government into creating a backdoor, and they are not authorised to disclose it to their employer. I…
If you concern that, I would leave the Australia if I were you. Being under the jurisdiction of Australia is already a huge threat.
Re: Microsoft says encryption laws make companies wary of storing data in Australia
#90Earlier quoted context omitted.
"For example, Australia’s law enforcement could compel Apple to provide access to a customer’s iPhone and all communications made on it without the user’s awareness or consent. An engineer involved would, in theory, be unable to tell their boss about this, or risk a jail sentence." Source: Sydney Morning Herald https://www.smh.com.au/business/consumer-affairs/dangerous-o... That would be a 5-year jail sentence appare…
I believe that is an incorrect interpretation of the law. The govt can compell an entity to assist in making encrypted information available. But the entity in question is not the individual employee, but the company who owns the product or service. If you're under the employment (i.e., not a contractor), you can't be an entity, and the employer will definitely know if they've been compelled. But I do agree the law i…
I am not a lawyer so I wouldn't be able to comment on the meaning of "entity", I hope you are right though, and I also hope that the Australian Government would at least clarify the meaning of the provision and the legal definition of "entity" in this specific case.