University : Griffith University UniLearnO is not sponsored or endorsed by this college or university.
Subject Code : 1003CCJ
Country : Australia
Assignment Task:

Part A: Core Concepts (20 marks)
Questions
1.    What are the advantages and disadvantages of federalism compared to a unitary system of government? What are some recent examples of policy problems or crises, which required Australia’s state and federal governments to cooperate? (10 marks)
The advantages Creates an expensive and bureaucratic duplication because there are two levels of executive and parliament.

2.    What is a liberal-democratic state? To what extent does Australia uphold the values of liberalism and democracy, and in which areas does it need to improve? (10 marks)
A liberal-democratic state is a, “political system in which democratically Based institutions of government are constrained by liberal-inspired constitutional arrangements, political practices and popular expectations that limit the scope and capacity of the governmental sector” (Parkin et al, 2006).  These systems are concentrated on the creation of just societies, however there is debate on how this is achieved as liberal principles prioritise individual rights over collective/ community needs and democratic principles are concerned with collective well-being. Australia upholds the values of 


Part B: Encryption Laws (30 marks)
In December 2018, the federal Parliament enacted legislation that allows Australia’s police and intelligence agencies to require technical assistance from ‘designated communications providers’. The title of this legislation is the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth). 
These laws are commonly called the ‘encryption laws’ in the media, as they are designed to force multinational tech companies like Apple, Google and Facebook to decrypt secret communications and unlock personal devices. It is a known problem that terrorist organisations use encrypted messaging services – like WhatsApp, Telegram and Signal – to conceal their activities and plan violent attacks. Even a simple iPhone passcode can thwart an agency’s efforts if they cannot unlock a suspect’s device.
Before and after the laws were enacted, inquiries into the Bill were undertaken by the Parliamentary Joint Committee on Intelligence and Security (PJCIS). These inquiries have attracted a large number of submissions from technology companies, law reform organisations and human rights bodies. The encryption debate remains controversial, as it pits the need to protect national security against the rights of everyone to keep their conversations private. The laws also pose wider risks to cyber-security if companies are required to introduce vulnerabilities into their products.
The questions below direct you to understand the encryption laws, the process of enacting them, and their impact on individual rights and cyber-security. The questions total 30 marks, but please check the weighting to gauge how many words you should allocate to each. 


Questions
3.    When did the Bill pass the House of Representatives and the Senate? When did it receive royal assent? (2 marks)
The Bill, Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth), passed both the House of Representatives and the Senate on the 6th of December 2018. Later, on the 8th of December 2018, it received Royal Assent and became the law in Australia. 

4.    What existing legislation did the encryption laws amend, and where in that legislation can the powers be found? (3 marks)
The encryption laws that amend the existing legislation and where the powers within can be found are the administrative decisions (Judicial Review) Act 1977 after the paragraph (daaa), of schedule 1. It was inserted under the ‘decisions under Part 15 of the Telecommunications Act 1977.  The second amendment was completed to the Australian Security Intelligence Act, 1979. The legislation was under subsection one, by the total number of technical assistance requests, notices and technical capability notices given by the Director-General of the Telecommunications Act 1997. The amendments of the of the Criminal Code Act 1995, after the subsection 474.6(7) of the Criminal Code ‘A person is not criminally responsible for an offence against subsection (5) if the conduct of the person is in accordance with a technical assistance request, is in compliance with a technical assistance or capability notice. The following act with amendment is the Independent National Security Legislation Monitor Act 2010 at the end of the subsection 6(1) where the ‘(e)  the function conferred by subsection (1D)’. There is also an insertion before subsection 6(2) adding, the independent nartionals ecurity legislation monttior must; review the operation, effectiveness and implications of the amendmnets made by the TOLA and do so as practicable after the 18 month period beginning on the day that the act receives Royal assesnt. Another act that was amended by the encrytption laws was the telecommunications act 1997, the inserted section in part 7. A10SIO means the Australian Security Intelligence Organisation.

5.    What are the major features of Australia’s encryption laws, as enacted? (5 marks)
The major features of the Australian encryption laws This  involves requiring technology companies to cooperate with Australian police and intelligence agencies. Given the word limit and that the rest of the questions focus on debates around encryption and the technology industry, you can focus on Schedule 1 when summarising the legislation. However, if you have been summarising other sections (e.g. computer access and search warrants), that is perfectly okay too - just if you are struggling to fit everything into the word limit, focusing on Schedule 1 will help. For Question 4, you can similarly focus on the legislation that schedule 1 amended.
6.    What reasons did members of the federal government give for introducing the encryption laws? Why did they see the laws as necessary? (5 marks)

7.    Who are the members of the Parliamentary Joint Committee on Intelligence and Security, and what did they recommend in their April 2019 report on the encryption laws? (5 marks)

8.    What concerns did different companies and organisations raise in their submissions to the PJCIS inquiry? How valid are these concerns, and how urgently should the federal government address them? (10 marks)
 

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