-Caveat Lector-

from:
http://www.efa.org.au/Issues/Crypto/Walsh/index.htm
<A HREF="http://www.efa.org.au/Issues/Crypto/Walsh/index.htm">The Walsh Report
</A>
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Review of Policy relating to Encryption Technologies

(The Walsh Report)

The full report is rather large (96 A4 pages) and three versions are
provided here:
1.     Separate HTML files for each chapter

2.     The complete report (HTML) suitable for downloading (308K)

3.     ZIP version of the complete HTML report (99K)


Update - December 1998

In December 1998, several uncensored copies of the Walsh Report were
found in public and university libraries in Australia. These are
believed to be deposit copies lodged by the Australian Government
Publishing Service (AGPS) after the report was printed but before the
decision by the Attorney-General's Department to withhold it from
commercial sale. The report is not listed by AGPS, which is the normal
channel for obtaining government publications.
The missing sections have now been incorporated in the online version
and are highlighted in red.


History of the Report and its release under FOI

In February 1997, the Australian Attorney-General's Department put a
hold on the public release of the Walsh Report, an important review of
Australian cryptography policy.
The report, entitled Review of policy relating to encryption
technologies, is the outcome of a study conducted in 1996 by Gerard
Walsh, a former deputy director-general of the Australian Security
Intelligence Organisation (ASIO). Publication of the report was eagerly
awaited by members of the law enforcement community, other government
departments, commerce, and the online community. It was expected that
the report would examine the the various issues in the crypotography
debate and encourage further comment and consultation.

The report was listed for sale by the Australian Government Publishing
Service in January 1997, but was hurriedly withdrawn from the list 3
weeks later, following an enquiry by Electronic Frontiers Australia
(EFA) as to the reasons why it was not actually available for sale. The
original intention had apparently been to allow for a 3-month
consultation period for public comment. EFA then released a Media
Statement calling for the release of the report.

In March 1997, EFA applied for release of the report under the Freedom
of Information Act. This request was denied, quoting various sections of
the Act relating to national security and law enforcement as
justification for the denial. EFA then submitted a request for review of
the decision, and this request was successful, resulting in the release
of an edited photocopy of the report in June 1997.

This is an important report and covers a number of issues of relevance
to the global cryptography debate.

A number of paragraphs were deleted from the copy supplied to EFA. These
have been identified in the report, together with an annotation
referring to the section of the report under which that paragraph was
claimed to be exempt from release.

However, in December 1998, the missing sections were obtained. The
originally deleted paragraphs have been highlighted in red.

Reproduced below are the 3 sections of the Act under which parts of the
report were deleted. The full text of the Freedom of Information Act
1982 is available online from the Australian Legal Information Institute
(AUSTLII).

Freedom of Information Act 1982 - Sect 33

Documents affecting national security, defence or international
relations

33. (1) A document is an exempt document if disclosure of the document
under this Act:
(a)
would, or could reasonably be expected to, cause damage to:
(i)
the security of the Commonwealth;

(ii)
the defence of the Commonwealth; or

(iii)
the international relations of the Commonwealth; or

(b)
would divulge any information or matter communicated in confidence by or
on behalf of a foreign government, an authority of a foreign government
or an international organization to the Government of the Commonwealth,
to an authority of the Commonwealth or to a person receiving the
communication on behalf of the Commonwealth or of an authority of the
Commonwealth.

(2) Where a Minister is satisfied that a document is an exempt document
for a reason referred to in subsection (1), he or she may sign a
certificate to that effect (specifying that reason) and, subject to the
operation of Part VI, such a certificate, so long as it remains in
force, establishes conclusively that the document is an exempt document
referred to in subsection (1).


(3) Where a Minister is satisfied as mentioned in subsection (2) by
reason only of matter contained in a particular part or particular parts
of a document, a certificate under that subsection in respect of the
document shall identify that part or those parts of the document as
containing the matter by reason of which the certificate is given.

(4) Where a Minister is satisfied that information as to the existence
or non-existence of a document as described in a request would, if
contained in a document of an agency, cause the last-mentioned document
to be an exempt document under this section for a reason referred to in
subsection (1), he or she may sign a certificate to that effect
(specifying that reason).

(5) The responsible Minister of an agency may, either generally or as
otherwise provided by the instrument of delegation, by writing signed by
him, delegate to the principal officer of the agency his or her powers
under this section in respect of documents of the agency.

(6) A power delegated under subsection (5), when exercised by the
delegate, shall, for the purposes of this Act, be deemed to have been
exercised by the responsible Minister.

(7) A delegation under subsection (5) does not prevent the exercise of a
power by the responsible Minister.

.........

Freedom of Information Act 1982 - Sect 36

Internal working documents

36. (1) Subject to this section, a document is an exempt document if it
is a document the disclosure of which under this Act:

(a) would disclose matter in the nature of, or relating to, opinion,
advice or recommendation obtained, prepared or recorded, or consultation
or deliberation that has taken place, in the course of, or for the
purposes of, the deliberative processes involved in the functions of an
agency or Minister or of the Government of the Commonwealth; and (b)
would be contrary to the public interest. (2) In the case of a document
of the kind referred to in subsection 9 (1), the matter referred to in
paragraph (1) (a) of this section does not include matter that is used
or to be used for the purpose of the making of decisions or
recommendations referred to in subsection 9 (1).

(3) Where a Minister is satisfied, in relation to a document to which
paragraph (1) (a) applies, that the disclosure of the document would be
contrary to the public interest, he or she may sign a certificate to
that effect (specifying the ground of public interest in relation to
which the certificate is given) and, subject to the operation of Part
VI, such a certificate, so long as it remains in force, establishes
conclusively that the disclosure of that document would be contrary to
the public interest.

(4) Where a Minister is satisfied as mentioned in subsection (3) by
reason only of matter contained in a particular part or particular parts
of a document, a certificate under that subsection in respect of the
document shall identify that part or those parts of the document as
containing the matter by reason of which the certificate is given.

(5) This section does not apply to a document by reason only of purely
factual material contained in the document.

(6) This section does not apply to:

(a)
reports (including reports concerning the results of studies, surveys or
tests) of scientific or technical experts, whether employed within an
agency or not, including reports expressing the opinions of such experts
on scientific or technical matters;
(b)
reports of a prescribed body or organization established within an
agency; or

(c)
the record of, or a formal statement of the reasons for, a final
decision given in the exercise of a power or of an adjudicative
function.



(7) Where a decision is made under Part III that an applicant is not
entitled to access to a document by reason of the application of this
section, the notice under section 26 shall state the ground of public
interest on which the decision is based.

(8) The responsible Minister of an agency may, either generally or as
otherwise provided by the instrument of delegation, by writing signed by
him, delegate to the principal officer of the agency his or her powers
under this section in respect of documents of the agency.

(9) A power delegated under subsection (8), when exercised by the
delegate, shall, for the purposes of this Act, be deemed to have been
exercised by the responsible Minister.

(10) A delegation under subsection (8) does not prevent the exercise of
a power by the responsible Minister.

..........

Freedom of Information Act 1982 - Sect 37

Documents affecting enforcement of law and protection of public safety

37. (1) A document is an exempt document if its disclosure under this
Act would, or could reasonably be expected to:

(a)
prejudice the conduct of an investigation of a breach, or possible
breach, of the law, or a failure, or possible failure, to comply with a
law relating to taxation or prejudice the enforcement or proper
administration of the law in a particular instance;
(b)
disclose, or enable a person to ascertain, the existence or identity of
a confidential source of information, or the non-existence of a
confidential source of information, in relation to the enforcement or
administration of the law; or

(c)
endanger the life or physical safety of any person.

(2) A document is an exempt document if its disclosure under this Act
would, or could reasonably be expected to:


(a)
prejudice the fair trial of a person or the impartial adjudication of a
particular case;
(b)
disclose lawful methods or procedures for preventing, detecting,
investigating, or dealing with matters arising out of, breaches or
evasions of the law the disclosure of which would, or would be
reasonably likely to, prejudice the effectiveness of those methods or
procedures; or

(c)
prejudice the maintenance or enforcement of lawful methods for the
protection of public safety.

(2A) For the purposes of paragraph (1) (b), a person is taken to be a
confidential source of information in relation to the enforcement or
administration of the law if the person is receiving, or has received,
protection under a program conducted under the auspices of the
Australian Federal Police, or the police force of a State or Territory,
for the protection of:


(a)
witnesses; or
(b)
people who, because of their relationship to, or association with, a
witness need, or may need, such protection; or

(c)
any other people who, for any other reason, need or may need, such
protection.



(3) In this section, "law" means law of the Commonwealth or of a State
or Territory.



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Em Hotep, Peace Be,
Omnia Bona Bonis,
All My Relations.
Adieu, Adios, Aloha.
Amen.
Roads End
Kris

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