News and Research articles on United States

Regulatory arbitrage and transnational surveillance: Australia’s extraterritorial assistance to access encrypted communications

Monique Mann, Deakin University
Angela Daly, University of Strathclyde
Adam Molnar, University of Waterloo
PUBLISHED ON: 16 Sep 2020 DOI: 10.14763/2020.3.1499

This paper is part of Geopolitics, jurisdiction and surveillance, a special issue of Internet Policy Review guest-edited by Monique Mann and Angela Daly. Introduction Since the Snowden revelations in 2013 (see e.g., Lyon, 2014; Lyon, 2015) an ongoing policy issue has been the legitimate scope of surveillance, and the extent to which individuals and groups can assert their fundamental rights, including privacy. There has been a renewed focus on policies regarding access to encrypted communications, which are part of a longer history of the ‘cryptowars’ of the 1990s (see e.g., Koops, 1999). We examine these provisions in the Anglophone ‘Five Eyes’ (FVEY) The FVEY partnership is a comprehensive …