Feature interview: ASIO Director General Mike Burgess on encryption and access
Aug 26, 2024
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Mike Burgess, the Director General of ASIO and a former CISO at Telstra, shares insights on national security's evolving landscape. He discusses the pressing challenges posed by encrypted messaging and the need for tech companies to cooperate with authorities. The conversation dives into the Assistance and Access Bill, emphasizing the delicate balance between privacy rights and public safety. Burgess explores modern intelligence gathering complexities and the implications of international cooperation in tackling encrypted communication platform challenges.
Mike Burgess emphasizes the need for cooperation from encrypted messaging service providers to enhance ASIO's capabilities in threat monitoring.
The Assistance and Access Bill allows ASIO to compel tech companies for cooperation, raising significant concerns about user privacy and legal implications.
Deep dives
Understanding ASIO's Role and Challenges
ASIO, Australia’s domestic intelligence agency, plays a crucial role in countering foreign threats and terrorism within the country. Unlike the FBI in the USA, ASIO agents operate without firearms and rely on police for enforcement actions. The agency faces challenges primarily due to the evolving landscape of communication technology, especially encrypted messaging apps. This shift complicates ASIO’s abilities to intercept communications legally, necessitating cooperation from messaging service providers to access critical information.
The Importance of Cooperation from Tech Companies
The Director General of ASIO, Mike Burgess, highlights the agency's need for assistance from tech companies to effectively monitor potential threats. Burgess has raised concerns about platforms like Telegram and Signal, which hinder ASIO's capacity to intercept communications without direct cooperation. This lack of access can result in ASIO expending significant resources and efforts to gather intelligence through alternative, less efficient means. Without cooperation, Burgess argues that the agency may resort to invoking the Assistance and Access Bill, which enables legal action to enforce compliance from tech companies operating within Australia.
Legislative and Operational Strategies
The Assistance and Access Bill of 2018 provides ASIO with specific capabilities to demand technical assistance from technology providers, albeit facing criticism over its implications for user privacy. Burgess emphasizes the necessity for cooperation under existing laws instead of pushing for further legal changes. He notes that while ASIO can access devices through court-issued warrants, the challenge lies with companies that are not physically present in Australia, complicating enforcement. Overall, ASIO’s strategy is to engage in dialogue with these companies while preparing to utilize legal frameworks if necessary to protect national security.
Mike Burgess is the director general of ASIO. But the thing about Mike is he’s actually a cybersecurity guy. He joined ASD, Australia’s NSA, back in 1995 when it was still the Defence Signals Directorate. He was there for 18 years before he bounced out to the private sector for a while to work as the CISO for Australia’s largest telco, Telstra. In 2017 he returned to ASD to run it, and in 2019 he was appointed director general of ASIO.
Back in April, Burgess made a series of comments on the topic of encrypted messaging during a Press Club speech in Canberra. Our right to privacy, he said, is not absolute, and he implied that if certain providers didn’t start helping Australian authorities out a little more, he’d use some of the provisions in Australia’s Assistance and Access bill to force them to provide access to certain content.
So I reached out to organise this interview to get some more detail from him about exactly what sort of cooperation he’s seeking and why.
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