Anonymous Coward writes:
"Following in the footsteps of America, Australia's Attorney-General's department wants new laws to force users and providers of encrypted internet communications services to decode any data intercepted by authorities. If this passes it will be a dark day for freedom of speech in Australia.
The full report, entitled 'Inquiry into the comprehensive revision of the Telecommunications (Interception and Access) Act 1979,' [PDF] is here
(Score: 1) by clone141166 on Wednesday March 19 2014, @03:59AM
To be honest I hadn't even considered it from the point of view of being a 5th amendment violation. Australia does not have a 5th amendment, although we do have a series of similar laws designed to provide a "right to silence" during questioning/trial.
I'm not sure if it really is a right-to-silence violation though. Why aren't you able to refuse a search warrant of your house then if you know it contains incriminating contents (ie. illegal weapons or drugs)? If you have encrypted data stored on your computer, then you have already chosen to express that information, you aren't being asked a question. It seems like a search of your computer for illegal activities is closer to a search of your physical property than it is to being asked a question that may incriminate yourself.
However I guess you could argue that even with a search warrant for your house you aren't required to hand over the door keys, the warrant merely legitimises any attempts made by police to access your property.