Private chats considered suspicious by the government could become significantly less private, as Australian Security Intelligence Organisation (ASIO) Director-General Mike Burgess engages in discussions with tech companies about gaining access to encrypted communications.
Burgess stated that he may use powers to ensure tech companies negotiate with warrants and provide access to encrypted chats in cases involving national security investigations. He also pushed for tech companies to design encrypted apps that include mechanisms for government access when requested.
Encrypted chats use scrambling technology to ensure that only the sender and recipient can view messages, which can be decoded only with a secret “key.”
“If you break the law or you’re a threat to security, you lose your right to privacy, and what I’ve been asking for those companies that build messaging apps is to respond to lawful requests,” Burgess told the ABC’s 7.30.
The ASIO head said it should not be tech companies who decide where access is appropriate. ASIO seeks access to chat rooms hosted on encrypted platforms such as Signal and Telegram due to concerns they are being used maliciously. However, Burgess clarified that ASIO was not requesting mass surveillance but rather cooperation.
Since 2018, ASIO has had the power to compel tech companies’ cooperation with information requests—a move Burgess says he is willing to make if necessary. While ASIO can access encrypted conversations covertly, this process is slower and more expensive than if tech companies provided the information willingly.
Burgess acknowledged the concerns of tech companies regarding enabling access compromising activists’ and journalists’ privacy from government intrusion. However, he believes Australians do not require the same protections since they are subject to the rule of law.
“I understand there are people who really need it in some countries, but in this country we’re subject to the rule of law, and if you’re doing nothing wrong, you’ve got privacy because no one’s looking at it,” he said.
Burgess emphasized that if the government were granted oversight of chats, it would not compromise program integrity. He believes secure designs can provide both security and lawful access without creating backdoors or systemic weaknesses.
In an increasingly digital world, Burgess expressed openness towards seeking additional support from the government but stressed that technology should not dictate societal expectations or set rules of law.
The Global Encryption Coalition has urged Australia not to weaken encryption capabilities during a review of the Australian Online Safety Act. While end-to-end encryption offers increased security for online messaging services accordingto a review released in June,it also poses challenges for detecting harmful content such as child sexual exploitation material.The Global Encryption Coalition countered claims suggesting secure messaging excessively facilitates criminal activity,statingthat end-to-end encryption plays a crucial role in ensuring safetyandprivacy