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The Walsh Report Contents |
Updated 2 April 1997
The following information shows the details that are known about the Walsh Report, obtained from the Australian Government Publishing Service web site. The AGPS description was initially listed on 21st January 1997, removed on 7th February, and reinstated on 13th February. On 7th February, the AGPS offices were also instructed to return any copies of the still-embargoed report to the Attorney-General's Department.
EFA has called for the release of the report.
Review of policy relating to encryption technologies.
Author Attorney-General's Deparment.
Security Division.
ISBN 0644475307
Other Identification nos 9607994
Price $11.95
Imprint Barton, A.C.T. : Security Division,
Attorney-General's Department, 1996.
Physical Description xii, 96 p. ; 25 cm.
Notes '10 October 1996'.
'The Australian Government is seeking public comment on the contents of
this report ... The closing date for comments is 16 February 1997'
- Foreword.
Contents
1. Conclusions and findings
2. Context and approach of the review
2.1. The context: Barrett's obiter dictum
2.2. The approach
2.3. Creative tension or competition
3. The direction and impact of encryption
3.1. The direction
3.2. On law enforcement and national security
3.3. The statistical vacuum
3.4. Policy uncertainty
3.5. Today's problems for the investigators
3.6. The imminent challenge
3.7. Towards response strategies
4. The consequence for government
4.1. Law enforcement
4.2. National security
4.3. The cost of alternatives
4.4. Decryption capacbility for law enforcement and
national security?
4.5. Public key infrastructures
4.6. International agreements
4.7. Third party systems
4.8. The Internet
5. Striking a balance
5.1. A matter of proportion
5.2. Export controls
6. Coordinating process and investigative capability
6.1. Policy primacy and coordination
6.2. Maintaining investigative capability
6.3. Coordination of operational capacity
6.4. A new legislative approach
Annexe A. Terms of reference of the review
Annexe B. Australia Online [extract]
Annexe C. US Administration statement on commercial
encryption, 12 July 1996
Annexe D. UK Government paper of regulatory intent
concerning use of encryption on public
networks, 11 June 1996
Annexe E. OECD guidelines governing the protection of
privacy and transborder flows of personal
data
Annexe F. US Administration statement on encryption issued
by the Vice-President, 1 October 1996.
Summary
The terms of reference of the review are as follows:
The review is to examine whether legislative or other action should
be taken to safeguard national security and law enforcement interests
in the light of the rapid development of the global information
infrastructure and the continuing need to safeguard individual privacy.
The objective of the review will be to present options for encryption
policies and legislation which adequately address national security,
law enforcement and privacy needs while taking account of policy options
being developed to address commercial needs. Key factors to be addressed
include:
(a) Australia's national security and defence interests;
(b) an assessment of the present state on encryption technologies
and prospective developments in encryption technology over
the next few years likely to impact on Australia's national
security and law enforcement interests;
(c) whether Australia's present laws are adequate to ensure
Australia's national security and law enforcement interests
in an environment of rapidly emerging technologies;
(d) measures to safeguard individual privacy including an
examination of the warranting provisions that may be required
to enable law enforcement and national security authorities to
gain access to encrypted material, whether in the form of
stored data or a message transmitted over a telecommunications
network;
(e) an assessment and evidence of the benefits of access by law
enforcement and national agencies to encrypted data;
(f) an assessment of the most appropriate means of funding the
development, implementation and maintenance of a decrypting
capability for existing and emerging technologies;
(g) whether Australia should seek to negotiate agreements with any
other country or countries governing access to encrypted data
where public keys (under a 'commercial key escrow' or 'trusted
third party' system of encryption) are held outside Australia;
(h) whether legislation is desirable to:
(i) regulate the availability of 'commercial key escrow' or 'trusted
third party' encryption;
(ii) facilitate the development of 'commercial key escrow' or
'trusted third party' encryption;
(i) the impact of overseas initiatives associated with encryption
technology, particularly in relation to the extent to which
international cooperation and proactive specification of desirable
characteristics for encryption products and 'commercial key
escrow' or 'trusted third party' services is desirable and
recommendations as to how such international cooperation best
be achieved; the effectiveness of Australia's export controls
on encryption technology. The review is to have regard to the
Government's existing encryption policies, the work of the OECD
Committee of Experts on Security, Privacy and Intellectual
Property Protection in the global information infastructure on
the development of international crypography guidelines and the
work of the Information Policy Task Force on the implementation
of open encryption standards which address commercial needs.
Availability IS
Subjects Data encryption (computer science).
Computer security.
Data protection.
Computer networks Security measures.
Privacy, right of.
Criminal investigation Computer networks
Security measures.
Law enforcement Computer networks Security
measures.
National security Computer networks Security
measures.
Last Updated: 13 Feb 1997
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