united-states international australia encryption security
Can tech companies wishing to prevent secret backdoors discriminate in hiring against Australians?
<p>Australia has passed a <a href="https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6195_aspassed/toc_pdf/18204b01.pdf;fileType=application%2Fpdf" rel="noreferrer">law</a> which <a href="https://thenextweb.com/politics/2018/12/10/australias-horrific-new-encryption-law-likely-to-obliterate-its-tech-scene/" rel="noreferrer">apparently</a> requires tech workers to develop backdoors which can defeat a company's encryption and security features, without informing their employer, if ordered to do so (and it is now a crime if they refuse, or inform their employer about what they have done).  As far as I can tell, this Australian law applies to Australians living abroad.  (Much of the broad language may also apply to non-Australians living outside Australia, but the jurisdictional claim seems a little weaker there).  </p>

<p>The US, and other countries, have laws prohibiting discrimination in hiring based on national origin, with some exceptions.  </p>

<p><strong>Can a US employer discriminate against (refuse to hire) Australians</strong> as a step toward protecting their company and products from having the Australian government force in a secret backdoor?  </p>

<p>Update, originally intended but made more explicit following comment from @paulj: Please be sure to include consideration of individuals who are both Australian and US citizens, if that is permitted.</p>

<h2>Your question is based on a false premise</h2>

<p>Part 15 of the <em>Telecommunications Act 1997</em> does not apply to Australian citizens - it applies to <strong>Designated Communications Providers</strong> as defined in <a href="http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ta1997214/s317c.html" rel="nofollow noreferrer">s317C</a>. There are 15 ways a person or corporation can be a Designated Communications Provider so I'm not going to list them. However, none of them have anything to do with the nationality of the person or corporation - the law applies equally to Australians and non-Australians.</p>

<p>Given that US citizens are just as subject to the law as Australian citizens (or indeed, citizens of any nation or, for that matter, stateless persons) there is no valid basis for the type of discrimination you propose.</p>
