Australian Powers To Spy on Cybercrime Suspects Given Green Light (theguardian.com) 34
A government bill to create new police powers to spy on criminal suspects online, disrupt their data and take over their accounts has been passed with the support of Labor. From a repoort: The identify and disrupt bill passed the Senate on Wednesday, despite concerns about the low bar of who can authorise a warrant, and that the government failed to implement all the safeguards recommended by the bipartisan joint committee on intelligence and security. The bill creates three new types of warrants to enable the AFP and Australian Criminal Intelligence Commission to modify and delete data, take over accounts and spy on Australians in networks suspected of committing crimes. Earlier in August, the parliamentary joint committee on intelligence and security -- (PJCIS) chaired by the Liberal senator James Paterson -- made a series of recommendations to improve oversight and safeguards.
On Tuesday, the home affairs minister, Karen Andrews, introduced amendments to implement some of the proposed safeguards, including a sunset clause so the new powers would expire after five years and stronger criteria to issue warrants. Andrews said the amendments would mean data disruption warrants would need to be "reasonably necessary and proportionate" and data disruption and account takeover warrants would need to specify the types of activities proposed to be carried out. The media would also gain some extra protection, with the addition of a "public interest test for data disruption warrants, network activity warrants and account takeover warrants where an investigation of an unauthorised disclosure offence is in relation to a person working in a professional capacity as a journalist," she said.
On Tuesday, the home affairs minister, Karen Andrews, introduced amendments to implement some of the proposed safeguards, including a sunset clause so the new powers would expire after five years and stronger criteria to issue warrants. Andrews said the amendments would mean data disruption warrants would need to be "reasonably necessary and proportionate" and data disruption and account takeover warrants would need to specify the types of activities proposed to be carried out. The media would also gain some extra protection, with the addition of a "public interest test for data disruption warrants, network activity warrants and account takeover warrants where an investigation of an unauthorised disclosure offence is in relation to a person working in a professional capacity as a journalist," she said.
Penal colony being true to form (Score:1)
What they will tell new arrivals: "Welcome to Australia, you are officially a cybercrime suspect."
What they will tell current residents: "G'day, mate, you are officially suspected of cyber crime. Good on ya!"
I really hate to say this, but... (Score:5, Insightful)
Between this and COVID, Australia seems to have gone full Nazi.
I always wanted to visit both Oz and Hong Kong. Looks like I waited too long for both.
Re: (Score:1)
Just making sure I'm safe.
Re: (Score:2)
And what group of people are these Nazi Australians hoping to target in their genocide?
Just making sure I'm safe.
Erm, we all knew he meant fascist in terms of restrictions on personal freedom.... But racism is no stranger to Australian politics. Look up the "white Australia policy" as well as the "stolen generation" but more recently Pauline Hanson and openly racist political groups like "Reclaim Australia" (if the chip bitch from Ipswich first ran in the 2010s instead of the 90s she'd probably have a lot of power).
I always thought it would be the US to teach the world the folly of populism and apathy... But I gues
Modifying data? (Score:5, Insightful)
Giving cops the ability to "modify" evidence. What a fresh, novel concept! What could go wrong?
Re:Modifying data? (Score:5, Interesting)
it's stupid eh?
i guess considering that here in north america everyone of interest (millions of us) has their traffic disrupted in realtime and the security flaw of the day used to compromise your system.
this is the real reason why the NSA was weaponising flaws instead of advising vendors - they needed them to automatically inject malware.
our computing has become not only surveillance, but a framework for framing anyone who rocks the boat.
Yeah Baby! (Score:2, Funny)
Re: (Score:2)
I'll second that. Made for some funny imagined scenarios.
Like planting drugs, but easier (Score:5, Insightful)
From a linked article [theguardian.com], the bill brings three new kinds of warrants:
Data disruption warrants enable the AFP and the ACIC to disrupt data by modifying, adding, copying or deleting in order to frustrate the commission of serious offences online
Network activity warrants allow agencies to collect intelligence on serious criminal activity being conducted by criminal networks; and
Account takeover warrants let the AFP and the ACIC take control of a person’s online account and can be combined with other warrants to gather evidence to further a criminal investigation
That first one is especially scary, as it allows the AFP and ACIC can put anyone in jail in a few steps:
1. Select victim
2. Use a data disruption warrant to plant illegal content on victim's computer/phone/account
3. "Find" illegal content
Sure this may not be the intent of the bill, but it is granting law enforcement with significant new powers, without judicial oversight.
Re: (Score:2)
Re: Like planting drugs, but easier (Score:2)
That wouldn't hold up in court. At least not that way.
However, it would work if you add a step:
4. Present "evidence of a crime" to suspect and get them to confess/take a deal.
It probably doesn't work with the really smart ones who get a lawyer, but it might work most of the time.
Re: (Score:2)
On all servers within a location, in order to disrupt any similar crime. And that's any federal crime with a 3 year sentence.
No possible way this'll be abused! (Score:2, Insightful)
Your government hates you, Australians.
Re: (Score:1)
Grievances for wrongful hacking? (Score:5, Insightful)
Grievances for wrongful hacking? Any liability if they hack to disrupt someone elses data but then screw up mine because I am on the same server or something similar?
Or perhaps they hack the wrong John Smith, can he sue for damages now that the Police trashed his stuff?
Rip Freedom (Score:2)
Social Credit Next? (Score:2)
AFP can plant evidence (Score:2)
They got the ability to plant files (Eg. auto-run spyware) on a computer, a long time ago, as part of the 'war on terror'. The only purpose of an account-takeover warrant is running a honeypot scam.
A consequence of the war on terror is the government disliking its misdeeds being published by journalists, particularly those receiving government subsidies (ABC & SBS networks), with the AFP thoroughly 'investigating' any journalist who does so.
Who? (Score:2)
I first read the headline as: "Austin Powers To Spy on Cybercrime Suspects"
At first I was hopeful. Now I can't stop giggling...