Regulating Telecommunications Interception and Access in the 21st Century: Technological Evolution or Legal Revolution?

Prometheus, Vol. 24, No. 4, p. 413, 2007

ANU College of Law Research Paper No. 07-08

Posted: 1 May 2007

See all articles by Simon H Bronitt

Simon H Bronitt

Sydney Law School, The University of Sydney

James Stellios

ANU College of Law

Abstract

This article reviews the expansion of federal telecommunications interception powers, focusing on the watershed reforms enacted in 2006. The new statutory frameworks governing interception of "live" and "stored communications" are compared and contrasted, with a particular focus on their impact on human rights such as privacy and the fair trial. The article identifies significant regulatory loopholes and deficiencies in this new system, casting doubt on the usefulness of adopting a "balancing" model to guide either macro-level policy development or micro-level decision-making relating to individual warrants.

Keywords: telecommunications interception and access, wiretapping, electronic surveillance, access to stored communications, federal and state law enforcement powers, law reform, human rights relating to privacy and the fair trial

Suggested Citation

Bronitt, Simon H and Stellios, James, Regulating Telecommunications Interception and Access in the 21st Century: Technological Evolution or Legal Revolution?. Prometheus, Vol. 24, No. 4, p. 413, 2007, ANU College of Law Research Paper No. 07-08, Available at SSRN: https://ssrn.com/abstract=982303

Simon H Bronitt (Contact Author)

Sydney Law School, The University of Sydney ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

HOME PAGE: http://https://sydney.edu.au/law/

James Stellios

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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