ASIO Chief Criticizes Tech Companies Over Encrypted Messages of Suspected Criminals

Mike Burgess, the director-general of the Australian Security Intelligence Organisation (ASIO), has criticized tech companies for not complying with warrants to access encrypted messages of suspected criminals and terrorists in Australia. Burgess says ASIO is as occupied as it has ever been in 75 years due to challenges posed by end-to-end encryption, which is hindering their ability to investigate certain cases.

Burgess cited an example of ASIO investigating Australians allegedly belonging to a nationalist and racist extremist network using an encrypted chat platform to communicate with offshore extremists. He argued that without the help of tech companies, encryption is "unaccountable" in such cases and provides a "secure place" for terrorists and spies to plot.

The ASIO chief emphasized that he is not asking for new laws or powers, but rather for tech companies to do more to uphold existing laws and assist ASIO in limited and strictly controlled circumstances. Burgess is seeking a "sensible conversation" with tech companies to find ways to provide secure lawful access, as some companies are refusing to help, claiming they cannot assist due to their encryption design.

Why this matters: The use of encrypted messaging apps by criminals and terrorists poses significant challenges for law enforcement and intelligence agencies. Finding a balance between privacy and security is critical in addressing this issue, as the lack of access to encrypted communications can hinder investigations and potentially compromise public safety.

Australian Federal Police Commissioner Reece Kershaw also expressed frustration with tech companies, particularly Meta, calling their response to government concerns a "disgrace." Kershaw revealed that police had issued at least one technical capability notice, a compulsory order for a company to help after voluntary requests were ignored. Home Affairs Minister Clare O'Neil said social media companies need to be subject to more regulation, as they are exacerbating or causing many of the country's problems.

Burgess warned that artificial intelligence is likely to boost foreign interference, disinformation, and radicalization. He argued that "privacy is important but not absolute" and that there is "no absolute right to privacy." The Australian government has flagged introducing a misinformation bill with large fines for tech companies and is considering next steps regarding the news media bargaining code.

Key Takeaways

• ASIO chief criticizes tech companies for not complying with warrants to access encrypted messages.
• Encryption hinders ASIO's ability to investigate suspected criminals and terrorists using encrypted chat platforms.
• ASIO seeks "sensible conversation" with tech companies to find ways to provide secure lawful access.
• Australian police frustrated with tech companies, issued compulsory orders to assist investigations.
• Govt warns AI may boost foreign interference, disinformation, and radicalization; privacy not absolute.