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Signal’s 2018 statement was about a technical limit, not immunity from Australian law. Signal developer Joshua Lund said the service did not hold the private keys needed to decrypt message contents. That helps explain why Signal said it could not provide readable messages; it does not mean Australian authorities could never make a lawful request or notice for other information or assistance.

What did Signal mean when it said it couldn’t comply?

In a report published on 18 December 2018, CSO quoted Signal developer Joshua Lund saying the service could not include a backdoor and did not possess the private keys needed to decrypt messages. Lund put the point this way: “The end-to-end encrypted contents of every message and voice/video call are protected by keys that are entirely inaccessible to us.”

The claim is specifically about access to encrypted content. End-to-end encryption is designed so that the service provider cannot read the message or call content as it travels between users. If Signal does not have the decryption keys, it cannot simply retrieve a plaintext copy from its servers in response to a demand.

That is different from saying Signal could not be asked to provide anything. A provider may have some records or technical ability to assist even when it cannot decrypt message content. Signal’s own government-requests page says it lacks access to messages, calls, profile and group information, contacts, stories, call logs, and other listed data. That is Signal’s description of its service, not a ruling about what Australian authorities can request or what Signal might be able to do in every situation.

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Can the Australian government read Signal messages?

The fact that a government can make a lawful request does not, by itself, give it the technical ability to read end-to-end encrypted messages. Based on Lund’s 2018 explanation, Signal said it did not have the private keys needed to turn those messages into readable text. This does not establish what information might be available from a user’s device, another participant, or other sources outside Signal’s service.

The careful answer is that the cited statement describes Signal’s inability to provide message contents in decrypted form, not a universal limit on investigations or a claim that every kind of information is beyond legal process.

What does Australia’s Assistance and Access Act do?

The Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 created mechanisms for Australian authorities to seek industry assistance. The Department of Home Affairs says the legislation does not require companies to break encryption, does not impose standing obligations on companies, and does not require them to do the impossible. The department describes its aim as targeted access where assistance would not remove electronic protection or jeopardise security for general users.

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The Act’s mechanisms are not all the same. In the statutory text dated 1 September 2021, a technical assistance request is voluntary. The relevant decision-makers must consider whether it is reasonable and proportionate, and whether compliance is practicable and technically feasible. Technical assistance notices and technical capability notices are separate compulsory mechanisms governed by statutory requirements and safeguards.

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Mechanism Voluntary or compulsory? What matters for Signal?
Technical assistance request Voluntary under the statutory text dated 1 September 2021. Reasonableness, proportionality, practicability and technical feasibility are relevant considerations.
Technical assistance notice Compulsory, subject to statutory requirements and safeguards. A notice does not itself establish that Signal has the data or technical ability needed to comply.
Technical capability notice Compulsory, subject to statutory requirements and safeguards. The legal mechanism must be distinguished from whether a requested capability change is technically possible and what effect it may have on security.

The government’s description and the statutory categories address different questions: what the law permits authorities to seek, and what a provider can technically do. A lawful notice is not proof that a provider holds plaintext or can create a capability without affecting security. Conversely, a provider’s inability to decrypt message content does not settle whether other information or assistance could be sought.

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How is the 2024 online-safety instrument different?

Australia’s 2024 online-safety standards are separate from the 2018 Assistance and Access Act. The instrument sets requirements concerning specified child sexual abuse and pro-terror material. For the relevant detection requirements, it says a provider is not required to build a systemic weakness or vulnerability. For an end-to-end encrypted service, it also says a provider is not required to “implement or build a new decryption capability into the service, or render methods of encryption used in the service less effective.”

That safeguard is not a blanket exemption from the instrument’s requirements. Where a provider relies on the exception, it must take appropriate alternative action. The provision therefore recognizes limits on compelled changes to encryption while still requiring an alternative response in the circumstances it covers.

What has Signal said about complying with government demands?

In a June 2024 Guardian interview, Signal president Meredith Whittaker said the company would not comply with mass-surveillance mandates and would cease operations if there were no other choice. She said: “You cannot do mass surveillance privately, full stop.”

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This is Signal’s stated position on mass surveillance. It is not evidence that Australia served Signal with a particular notice, that a court decided a dispute involving Signal, or that Signal stopped operating in Australia.

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