The release of material contained within Going Dark: Encrypted Communications in Australia and the Ramifications for Law Enforcement Intelligence Collection would reveal lawful methods and procedures used by the Australian Criminal Intelligence Commission (ACIC) in preventing, detecting and investigating breaches of the law. Any disclosure of that information would be reasonably likely to prejudice the effectiveness of those methods and procedures. As a result, the Freedom of Information Act 1982 (FOI Act) exempts the document from disclosure under s 37(2)(b) of the FOI Act.
The ‘Going Dark’ document is a strategic assessment, relating to encrypted communications, produced and disseminated by the ACIC to inform collaborative work with national and international partners to combat the growing threat posed by criminals exploiting encrypted communications to commit and conceal serious and organised crime. It contains information about lawful methods and procedures used by the ACIC in preventing, detecting and investigating breaches of the law. We have no further comment on the content of the report, including with regard to the operation of the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (TOLA Act).
Page 78 of the Home Affairs annual reports details the publicly released figures of ACIC use of the TOLA Act.