{"title":"Encryption laws and regulations in one of the Five Eyes: the case of New Zealand","authors":"M. Dizon, Philip McHugh","doi":"10.1080/13600834.2021.1988321","DOIUrl":null,"url":null,"abstract":"ABSTRACT This article examines the laws that apply to encryption in New Zealand. Specifically, it analyses the different types of law that constitute an encryption legal framework in the country, namely: export control, substantive cybercrime, criminal procedure, human rights, and information security and data protection. The article then utilises the encryption laws and legal framework to evaluate a proposal by the Five Eyes intelligence alliance to regulate the use of end-to-end encryption in messaging services. The article concludes that the proposal is incompatible with the country's encryption legal framework.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":null,"pages":null},"PeriodicalIF":1.8000,"publicationDate":"2021-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Information & Communications Technology Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/13600834.2021.1988321","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
ABSTRACT This article examines the laws that apply to encryption in New Zealand. Specifically, it analyses the different types of law that constitute an encryption legal framework in the country, namely: export control, substantive cybercrime, criminal procedure, human rights, and information security and data protection. The article then utilises the encryption laws and legal framework to evaluate a proposal by the Five Eyes intelligence alliance to regulate the use of end-to-end encryption in messaging services. The article concludes that the proposal is incompatible with the country's encryption legal framework.
期刊介绍：
The last decade has seen the introduction of computers and information technology at many levels of human transaction. Information technology (IT) is now used for data collation, in daily commercial transactions like transfer of funds, conclusion of contract, and complex diagnostic purposes in fields such as law, medicine and transport. The use of IT has expanded rapidly with the introduction of multimedia and the Internet. Any new technology inevitably raises a number of questions ranging from the legal to the ethical and the social. Information & Communications Technology Law covers topics such as: the implications of IT for legal processes and legal decision-making and related ethical and social issues.
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