Encryption laws and regulations in one of the Five Eyes: the case of New Zealand

Abstract

This article examines the laws that apply to encryption in New Zealand. Specifically, it analyses the different types of law that constitute an encryption legal framework in the country, namely: export control, substantive cybercrime, criminal procedure, human rights, and information security and data protection. The article then utilises the encryption laws and legal framework to evaluate a proposal by the Five Eyes intelligence alliance to regulate the use of end-to-end encryption in messaging services. The article concludes that the proposal is incompatible with the country's encryption legal framework.