Telecommunications interception in Australia: Recent trends and regulatory prospects

Abstract

This article reviews recent trends and regulatory prospects relating to telecommunications interception in Australia. The steady expansion of surveillance powers in Australia over the past two decades, particularly at the federal level, is critically evaluated. Drawing comparisons with the United States, the article analyzes the strengths and weaknesses of the existing regulatory system for telecommunications interception, including legal safeguards such as judicial warrants and civil actions for unlawful interception. The authors conclude by sketching a new normative framework for telecommunications interception that repudiates the idea of “balancing” competing interests in favor of a regulatory model that promotes human rights and due process as paramount considerations.