**Law Enforcement Agencies Burden Communication Providers with Redundant Technical Inquiries**
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Brief Overview
- Australian police departments are inundating communication providers with overlapping technical assistance requests (TARs).
- Stringent regulations bar agencies from aligning or sharing details regarding these requests.
- The Commonwealth Ombudsman has expressed concerns about the rationale and proportions of certain TARs.
- Queensland Police Service (QPS) and the Australian Federal Police (AFP) have been highlighted for issuing superfluous TARs.
- Some TARs have persisted far beyond the typical 90-day validity, with one remaining active for as long as 12 months.
- QPS has consented to reassess prolonged validity periods every six months in response to the Ombudsman’s feedback.
Police Departments Overloading Communication Providers with Redundant Requests
Disorganized Requests Resulting in Duplication
From July 1, 2023, to June 30, 2024, Australian state police departments submitted 60 technical assistance requests (TARs) to designated communications providers (DCPs), seeking voluntary cooperation in their investigations. However, the Commonwealth Ombudsman discovered that various agencies were submitting duplicate requests to the same service providers.
This duplication arises from legal barriers that restrict agencies from revealing or coordinating their requests. Current legislation prohibits the sharing of information regarding a TAR, resulting in inefficiencies and unnecessary pressure on communication providers.
The Background of TARs and Their Function in Law Enforcement
TARs were established under the Assistance and Access Act in 2018, commonly referred to as Australia’s “encryption-busting” laws. These regulations require service providers to assist law enforcement in gaining access to data or systems, irrespective of existing encryption measures.
If a provider declines to comply with a TAR, agencies can escalate the request to a technical assistance notice (TAN) or a technical capability notice (TCN), which legally enforces compliance. However, no TANs or TCNs were documented during the most recent review period.
Issues Surrounding Unwarranted and Lengthy TARs
The Commonwealth Ombudsman pointed out several instances where TARs were issued although agencies already possessed the requested data through alternative means. Both the Queensland Police Service (QPS) and the Australian Federal Police (AFP) were noted for producing redundant TARs.
Moreover, the Ombudsman raised alarms about TARs with prolonged validity periods. Normally, TARs are valid for 90 days unless explicitly stated otherwise. However, in one scenario, QPS issued a TAR that lasted for 12 months, significantly exceeding the usual duration.
Recommendations from the Ombudsman and Agency Reaction
The Ombudsman has questioned the viability, necessity, and proportionality of these extended TARs. In light of this scrutiny, QPS has agreed to evaluate prolonged TARs every six months to ensure their justification.
As law enforcement agencies increasingly depend on digital communications for investigations, there is mounting pressure to streamline these processes. Enhanced coordination among agencies, potential legislative modifications, and heightened oversight could help diminish inefficiencies and enhance the system for both law enforcement and service providers.
Conclusion
Australian law enforcement agencies are generating redundant technical assistance requests due to legal obstacles that restrict coordination. The Commonwealth Ombudsman has raised concerns about unnecessary and excessively prolonged TARs, prompting certain agencies, like QPS, to reassess their procedures. As digital investigations grow more intricate, refining this system will be vital for balancing security requirements with industry efficiency.
Q&A: Essential Information
Q: What is a technical assistance request (TAR)?
A:
A TAR is a voluntary request made by law enforcement agencies to communications providers, seeking assistance in obtaining data, intercepting communications, or aiding investigations.
Q: Why are police agencies submitting duplicate requests?
A:
Strict legal requirements prevent agencies from sharing information about TARs, resulting in multiple agencies inadvertently sending identical requests to communication providers.
Q: What are TANs and TCNs?
A:
A technical assistance notice (TAN) and a technical capability notice (TCN) are legally obligatory directives compelling service providers to assist law enforcement in accessing particular systems or data when a TAR is not adhered to.
Q: Were any TANs or TCNs issued during the latest review period?
A:
No, the latest review period did not document any occurrence of TANs or TCNs being issued.
Q: Why is the Ombudsman concerned about prolonged TARs?
A:
The Ombudsman raised issues regarding TARs with extended validity periods, as they may be unjustified. A TAR is generally valid for 90 days, yet some were found to be active for up to 12 months.
Q: What measures are being implemented to address these issues?
A:
QPS has committed to reviewing lengthy TARs every six months to ensure they remain necessary and proportional to the investigation.
Q: What is the effect on communications providers?
A:
Service providers experience increased administrative pressures due to duplicate and prolonged TARs, potentially influencing their operations and compliance workload.
Q: Could changes to legislation enhance the system?
A:
Possible revisions to the Assistance and Access Act or improved coordination protocols among agencies could assist in decreasing inefficiencies and duplicate requests.