privacy australia jurisdiction
Must an American company comply with Australian surveillance law?
<p>So there is a law called <a href="https://www.legislation.gov.au/Details/C2018A00148/Html/Text" rel="nofollow noreferrer">Telecommunications and Other Legislation Amendment (Assistance and Access) Act</a> 2018 that was recently made law in Australia. From what I have heard about it, it allows the government to demand that you break security if requested.</p>

<p>So what if your company provides end to end encryption (e.g. Whatsapp), is based in America, and just ignores the Australian court order? What can Australia do to you if you keep your money outside of Australia?</p>

<h2>Yes, if ...</h2>

<p>... they are a ‘designated communications provider’ conducting ‘ eligible activities’ under s317C. Your example, Whatsapp is one under item 4.</p>

<p>If they refuse to comply they can be subject to financial penalties. If they refuse to pay the fines they can have their assets that are subject to Australian jurisdiction seized - this includes money in accounts held by third parties like MasterCard, Visa and PayPall.</p>

<p>The could also seek to have orders and judgement debts given by Australian courts executed by US courts. They would be successful <em>unless</em> the judgement violated US law - the first and fourth amendments spring to mind.</p>
