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Source: Radio New Zealand

The Free Speech Union says planned changes to telco regulations could open the back door to encrypted communication channels. 123rf

The Free Speech Union is concerned proposed changes to telecommunications regulations will open the back door to encrypted communications channels, but the tech industry says the horse has already bolted.

The Telecomunications Bill introduces a new enforcement power to allow the Ministry for Business, Innovation and Employment (MBIE) to suspend or revoke licences if providers fail to comply with regulatory requirements, including services provided by overseas providers, such as WhatsApp, Signal, Telegram and Starlink.

“That power effectively gives a government official the ability to switch off a communications service in New Zealand,” Free Speech Union chief executive Jillaine Heather said.

“That raises serious questions about whether genuinely private communication would remain available in New Zealand at all.”

Tech Users Association chief executive Craig Young said the technology behind end-to-end encryption was already under pressure from developments in quantum technology, which was capable of breaking current encryption standards.

“I do understand their concern, but in my mind, the encryption battle is going to be ongoing no matter what happens,” Young said.

“I think technology will always be ahead of how fast governments react. At least (with) the New Zealand government, we have a level of trust with them around not abusing any powers that they that might be in place.

“But I don’t think that is a concern we should be worried about at the moment.”

Still, Heather said communication was the first thing a government would pull or restrict, if there was an emergency or civil unrest, as had been seen in Iran and Myanmar over the past couple of years.

“There’s a real hole in the fact that they want to break encrypted communications because it makes it so unsafe for everyone.”

Young said it was unclear why the government had included the new enforcement power in the proposed legislation.

“It’s not completely clear from reading (the bill). I mean, you have to read quite a lot into the legislation to find that because it’s in with other things that we’re obviously quite keen to see happen around the telco space.”

Heather said the union would be sharing its concerns and questioning the Parliamentary Select Committee about its reasons for inclusion of the new powers, later this week.

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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand

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