Last week, I testified before the Parliamentary Joint Committee on Intelligence and Security as part of an inquiry into the International Production Orders Bill, which aims to allow Australian law enforcement agencies access to data through the US CLOUD Act.
The most important takeaway? BSA and our member companies fully support the Australian Government’s desire to have more powerful tools to aid in the fight against criminal and terrorist activities. To accomplish this goal, the Australian government, law enforcement authorities, and the technology community must collaborate so law enforcement can take advantage of new technologies and access digital evidence in a timely manner while building trust in the legal process and the underlying technology.
Our member companies receive regular lawful requests for information from law enforcement agencies around the world, and they are committed to cooperating while honoring technical and legal limitations as well as obligations to customers. Accessing digital evidence can present tremendous challenges to the privacy and security of people who use technology unless carefully crafted laws, policies, and procedures guide law enforcement investigations.
To meet the needs of law enforcement authorities, technology providers, and the people whose privacy and security interests are at stake, we need policies and laws that provide for robust mechanisms for judicial oversight, transparency of activities, privacy and security protections, notification to customers of investigations impacting them, and clearly defined processes for bi-directional communication on law enforcement needs. And since data is stored by global organizations subject to laws in different countries, it is increasingly important that laws for government access be internationally interoperable.
BSA is committed to continued dialogue between the Australian Government, policymakers, and industry to find solutions that balance the legitimate rights, needs, and responsibilities of the Government, citizens, providers of critical infrastructure, third party stewards of data, and innovators. The Bill must establish a constructive partnership to facilitate and deepen collaboration between all stakeholders.
BSA made seven recommendations to the committee on how the current bill can be strengthened, focusing on the process around how an IPO would be issued and serviced by a technology provider. You can read BSA’s recently filed comments on the bill here.
