The Walsh Report
"The public is entitled to insist that government be conducted openly and that it be, and be seen to be, accountable for its actions."
Review of Policy relating to Encryption Technologies
This is a complete uncensored copy of the Walsh Report, prepared in 1996 by the Australian Attorney-General's Department but suppressed prior to public release.
The full report is rather large (96 A4 pages) and three versions are provided here:
1. Separate HTML files for each chapter
2. The complete report (HTML) suitable for downloading (308K)
3. ZIP version of the complete HTML report (99K)
Update - February 1999
On 10 February 1999, in yet another incredible incident in the seemingly endless saga of the Walsh Report, Ausinfo, the Australian Government Information Service (motto: Government Information for Australians) sent out a recall notice to Australian libraries requesting that all copies of the report Review of Policy relating to encryption technologies (the Walsh Report) be returned to Ausinfo in Canberra, presumably for a book-burning ceremony.
The letter states: "the Attorney-General's Department wants all copies recalled". Despite this, both Ausinfo and the Department were each claiming that the other agency was responsible for the recall.
Every attempt by the government to cover up this report seems to focus even more attention on it. Fortunately EFA still has the electronic version to preserve for posterity. They haven't come for that - yet.
Update - December 1998
In December 1998, several uncensored copies of the Walsh Report were found in public and university libraries in Australia. These are believed to be deposit copies lodged by the Australian Government Publishing Service (AGPS) after the report was printed but before the decision by the Attorney-General's Department to withhold it from commercial sale. The report is not listed by AGPS, which is the normal channel for obtaining government publications.
The missing sections have now been incorporated in the online version and are highlighted in red.
History of the Report and its release under FOI
In February 1997, the Australian Attorney-General's Department put a hold on the public release of the Walsh Report, an important review of Australian cryptography policy.
The report, entitled Review of policy relating to encryption technologies, is the outcome of a study conducted in 1996 by Gerard Walsh, a former deputy director-general of the Australian Security Intelligence Organisation (ASIO). Publication of the report was eagerly awaited by members of the law enforcement community, other government departments, commerce, and the online community. It was expected that the report would examine the the various issues in the crypotography debate and encourage further comment and consultation.
The report was listed for sale by the Australian Government Publishing Service in January 1997, but was hurriedly withdrawn from the list 3 weeks later, following an enquiry by Electronic Frontiers Australia (EFA) as to the reasons why it was not actually available for sale. The original intention had apparently been to allow for a 3-month consultation period for public comment. EFA then released a Media Statement calling for the release of the report.
In March 1997, EFA applied for release of the report under the Freedom of Information Act. This request was denied, quoting various sections of the Act relating to national security and law enforcement as justification for the denial. EFA then submitted a request for review of the decision, and this request was successful, resulting in the release of an edited photocopy of the report in June 1997.
This is an important report and covers a number of issues of relevance to the global cryptography debate.
A number of paragraphs were deleted from the copy supplied to EFA. These have been identified in the report, together with an annotation referring to the section of the report under which that paragraph was claimed to be exempt from release.
However, in December 1998, the missing sections were obtained. The originally deleted paragraphs have been highlighted in red.
Reproduced below are the 3 sections of the Act under which parts of the report were deleted. The full text of the Freedom of Information Act 1982 is available online from the Australian Legal Information Institute (AUSTLII).
Freedom of Information Act 1982 - Sect 33
Documents affecting national security, defence or international relations
33. (1) A document is an exempt document if disclosure of the document under this Act:
- (a)
- would, or could reasonably be expected to, cause damage to:
- (i)
- the security of the Commonwealth;
- (ii)
- the defence of the Commonwealth; or
- (iii)
- the international relations of the Commonwealth; or
- (b)
- would divulge any information or matter communicated in confidence by
or on behalf of a foreign government, an authority of a foreign
government or an international organization to the Government of the
Commonwealth, to an authority of the Commonwealth or to a person
receiving the communication on behalf of the Commonwealth or of an
authority of the Commonwealth.
(2) Where a Minister is satisfied that a document is an exempt document for a reason referred to in subsection (1), he or she may sign a certificate to that effect (specifying that reason) and, subject to the operation of Part VI, such a certificate, so long as it remains in force, establishes conclusively that the document is an exempt document referred to in subsection (1).
(3) Where a Minister is satisfied as mentioned in subsection (2) by reason only of matter contained in a particular part or particular parts of a document, a certificate under that subsection in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given.
(4) Where a Minister is satisfied that information as to the existence or non-existence of a document as described in a request would, if contained in a document of an agency, cause the last-mentioned document to be an exempt document under this section for a reason referred to in subsection (1), he or she may sign a certificate to that effect (specifying that reason).
(5) The responsible Minister of an agency may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the principal officer of the agency his or her powers under this section in respect of documents of the agency.
(6) A power delegated under subsection (5), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the responsible Minister.
(7) A delegation under subsection (5) does not prevent the exercise of a power by the responsible Minister.
.........
Freedom of Information Act 1982 - Sect 36
Internal working documents
36. (1) Subject to this section, a document is an exempt document if it is a document the disclosure of which under this Act:
(a) would disclose matter in the nature of, or relating to, opinion, advice or recommendation obtained, prepared or recorded, or consultation or deliberation that has taken place, in the course of, or for the purposes of, the deliberative processes involved in the functions of an agency or Minister or of the Government of the Commonwealth; and (b) would be contrary to the public interest. (2) In the case of a document of the kind referred to in subsection 9 (1), the matter referred to in paragraph (1) (a) of this section does not include matter that is used or to be used for the purpose of the making of decisions or recommendations referred to in subsection 9 (1).
(3) Where a Minister is satisfied, in relation to a document to which paragraph (1) (a) applies, that the disclosure of the document would be contrary to the public interest, he or she may sign a certificate to that effect (specifying the ground of public interest in relation to which the certificate is given) and, subject to the operation of Part VI, such a certificate, so long as it remains in force, establishes conclusively that the disclosure of that document would be contrary to the public interest.
(4) Where a Minister is satisfied as mentioned in subsection (3) by reason only of matter contained in a particular part or particular parts of a document, a certificate under that subsection in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given.
(5) This section does not apply to a document by reason only of purely factual material contained in the document.
(6) This section does not apply to:
- (a)
- reports (including reports concerning the results of studies, surveys
or tests) of scientific or technical experts, whether employed within
an agency or not, including reports expressing the opinions of such
experts on scientific or technical matters;
- (b)
- reports of a prescribed body or organization established within an
agency; or
- (c)
- the record of, or a formal statement of the reasons for, a final decision given in the exercise of a power or of an adjudicative function.
(7) Where a decision is made under Part III that an applicant is not entitled to access to a document by reason of the application of this section, the notice under section 26 shall state the ground of public interest on which the decision is based.
(8) The responsible Minister of an agency may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the principal officer of the agency his or her powers under this section in respect of documents of the agency.
(9) A power delegated under subsection (8), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the responsible Minister.
(10) A delegation under subsection (8) does not prevent the exercise of a power by the responsible Minister.
..........
Freedom of Information Act 1982 - Sect 37
Documents affecting enforcement of law and protection of public safety
37. (1) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to:
- (a)
- prejudice the conduct of an investigation of a breach, or possible
breach, of the law, or a failure, or possible failure, to comply with
a law relating to taxation or prejudice the enforcement or proper
administration of the law in a particular instance;
- (b)
- disclose, or enable a person to ascertain, the existence or identity
of a confidential source of information, or the non-existence of a
confidential source of information, in relation to the enforcement or
administration of the law; or
- (c)
- endanger the life or physical safety of any person.
- (a)
- prejudice the fair trial of a person or the impartial adjudication of
a particular case;
- (b)
- disclose lawful methods or procedures for preventing, detecting,
investigating, or dealing with matters arising out of, breaches or
evasions of the law the disclosure of which would, or would be
reasonably likely to, prejudice the effectiveness of those methods or
procedures; or
- (c)
- prejudice the maintenance or enforcement of lawful methods for the
protection of public safety.
(2A) For the purposes of paragraph (1) (b), a person is taken to be a confidential source of information in relation to the enforcement or administration of the law if the person is receiving, or has received, protection under a program conducted under the auspices of the Australian Federal Police, or the police force of a State or Territory, for the protection of:
- (a)
- witnesses; or
- (b)
- people who, because of their relationship to, or association with, a
witness need, or may need, such protection; or
- (c)
- any other people who, for any other reason, need or may need, such protection.
(3) In this section, "law" means law of the Commonwealth or of a State or Territory.