National Security Inquiry

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Introduction

This wiki page was initially created to assist in allowing people to write submissions to the Australian Government's:

Inquiry into potential reforms of National Security Legislation

The Parliamentary Joint Committee on Intelligence and Security has commenced an inquiry into potential reforms of national security legislation.
The inquiry was referred to the Committee by the Attorney-General.[1]

Now that submissions have closed this wiki page shall remain as an ongoing resource of material related to the issue.

In what Crikey’s Bernard Keane has rightfully called a “government wishlist of new surveillance powers”[2], the Joint Parliamentary Committee on Intelligence and Security (JPCIS) has asked for submissions on the Attorney-General’s Department’s discussion paper ‘Equipping Australia Against Emerging and Evolving Threats.’[1]

The discussion paper suggests “a massive expansion of intelligence-gathering powers including data retention, the surveillance of Twitter accounts, forcing people to give up computer passwords, ASIO stop-and-search powers, government authority to direct telecommunications companies about infrastructure and the power for ASIO to plant or destroy information on computers.”[2]

  1. 1.0 1.1 http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/index.htm
  2. 2.0 2.1 http://www.crikey.com.au/2012/07/10/government-unveils-huge-wishlist-of-new-surveillance-powers/


Note: The PJCIS report has now been released.
The report can be accessed in fulland chapter by chapter here:

http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/report.htm

Direct link to the full PDF or the report is here:
http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/report/full.pdf


Note: Submissions now closed
The 200+ submissions are available to be viewed here:

http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/subs.htm

The Pirate Party Australia submission is available here:
http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/subs/sub134.pdf

Text of Roxon's subsequent speech to Security in Governance Conference is here:
http://www.attorneygeneral.gov.au/Speeches/Pages/2012/Third%20Quarter/4September2012-SpeechtotheSecurityinGovernmentConferenceprotectivesecurity-policyinaction.aspx

(original introduction text for this page:)

Submissions can be made by any individual or organisation. The best option for this inquiry is to email your submission to [email protected]
This pdf: Making a Submission explains the process in more detail, but it can be enough just to send an email expressing your opposition. (one person's example)
The official page about the inquiry with more information on the process and the inquiry is here:
http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/index.htm
Below are a number of resources, articles links and information which may assist in preparing your arguments/submission.

This wiki page is remains a work in process.

Media Articles, Links and Resources related to the National Security Inquiry

Pirate Party items

Senate Petition (Please sign it if you haven't already): http://pirateparty.org.au/natsecinquiry-petition/

Digital Flyer: http://pirateparty.org.au/media/promotional/natsecinquiry_poster.png

Print Flyer: http://pirateparty.org.au/media/promotional/natsecinquiry_poster.pdf

Related Links

Official Committee Link (Go here to make submission): http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/index.htm

The Discussion Paper: http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/additional/discussion%20paper.pdf

Contact Parliament/MP's: http://australia.gov.au/directories/contact-parliament

r/AUInternetAccess subreddit: https://pay.reddit.com/r/AUInternetAccess/

Twitter Hashtag: #natsecinquiry https://twitter.com/#!/search/%23natsecinquiry

Stop Big Brother: http://stopbigbrother.com.au/ (includes video and form fill out to send your opposition... not sure where to though?)

Freedom Not Fear: http://freedomnotfear.net/

Universal Declaration of Human Rights: http://www.un.org/en/documents/udhr/index.shtml#a12 (Note articles 12, 19 & 20)

Cryptoparty: https://cryptoparty.org/

CITIZENS, NOT SUSPECTS: http://www.citizensnotsuspects.org.au/

Other groups flyers and/or related links

Green's submission template: http://greensmps.org.au/content/national-security-legislation-inquiry-submission

Ludlum's Flyer: http://scott-ludlam.greensmps.org.au/sites/default/files/natsecinquiry.pdf

Orwellian Coat of Arms: http://i.imgur.com/Fs9YV.jpg

AVAAZ Petition: https://secure.avaaz.org/en/internet_privacy_under_attack/?wZzYLab

GetUp Campaign page: http://www.getup.org.au/campaigns/privacy/protect-us-but-respect-us/your-privacy-at-risk

GetUp YouTube Video: http://www.youtube.com/watch?v=QAxZ-riGmyo

Flyers and Info from Somersetbean: http://somersetbean.blogspot.com.au/2012/08/total-surveillance-coming-soon-to.html

Orwellian Big Sister Roxon 1: http://i.imgur.com/cOeJN.jpg

Orwellian Big Sister Roxon 2: http://i.imgur.com/ubliS.jpg

Send Nicola Roxon a copy of 1984: https://danielkinsman.wordpress.com/2012/09/17/send-nicola-roxon-a-copy-of-1984/

NOSEY NICOLA'S NOVEMBER NIGHTMARE !!! http://www.youtube.com/watch?v=J2_kLW33Sg4
Encouraging all Australians to save [email protected] as 'Nosey Nicola' and cc her on their day-to-day emails. (by GenerationAlpha)


Committee Hearings

http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/hearings.htm

  • Melbourne: Wednesday 5 September 2012, 9.00am - 4.30pm
    • Program: Wednesday 5 September 2012 (PDF 65KB)
    • Testimonies: Victorian Privacy Commissioner; Macquarie Telecom; Castan Centre for Human Rights Law; South Australia Police and Victoria Police; Human Rights Law Centre; Institute of Public Affairs; Liberty Victoria; Electronic Frontiers Australia.
    • Transcript: Wednesday 5 September 2012 (parlinfo.aph.gov.au link)
  • Canberra: Friday 12 October 2012, 3.45pm - 5.00pm
    • Location: Committee Room 1R5 Parliament House Canberra
    • Program: Friday 12 October 2012 (PDF 54KB)
    • Testimonies: Attorney Generals Department.
    • Transcript: Not yet available
    • Live stream: http://www.aph.gov.au/live
Friday 12/10/12 afternoon hearing with the Attorney General Department Postponed.
Story seems to be: The PJCIS had a secret hearing with secret evidence from ASIO this day, and when time for the AGD section came around at 3:45 the PJCIS decided they couldn't cover everything in a mere hour and so have postponed it so they can spend more time the the AG Dept officials. Possibly with questions arising from the ASIO testimony. Supposedly this will be done in a room that will have video broadcast capabilities and possibly more room for public. So hopefully it wont all end up "in camera" (which means secret/closed doors).
So new, longer and, ideally, more open hearing with AGD expected to be in a fortnight or so. See Below

according to: http://www.theaustralian.com.au/opinion/columnists/keeping-up-with-the-criminals/story-e6frg76f-1226582221703
"The committee has received all its submissions and has one more meeting, scheduled for March 1, before it finalises its report and recommendations. "

Other Events

Friday, 26 October 2012
Australian Army Chief Lieutenant General D.L. Morrison AO to present "National Security Lecture" University of Canberra. http://www.canberra.edu.au/events/home/view_by_event_id/781

CryptoParties
see: https://cryptoparty.org/wiki/CryptoParty for list of dates/places

Wednesday, 7 November 2012 - 18:00 until 19:30
Canberra tech talks: Parliamentary inquiry into data retention
Pia Waugh will be leading the November edition of Canberra Tech Talks to facilitate a discussion about the issues which arise in striking this balance as well as to explore the technological changes which have necessitated the inquiry.
https://www.facebook.com/events/270737786362993


Data Retention Details

On 19th September Attorney General Roxon wrote a letter to the PJCIS with details about the data retention proposals.

The proposals appear to be heavily based on the European Union Data Retention Directive

Thanks to Senator Scott Ludlam's questioning of the AFP at the Senate Estimates Committee (16th October 2012) a defintion of what the AFP etc interprets as metadata was tabled:
http://scott-ludlam.greensmps.org.au/sites/default/files/afpdoc.pdf
They claim that a persons visited URLs is not included in this and counts as "content", thus requiring a warrant. The technical contradictions inherent in their definitions and interpretations are not explained. Upon questioning "The Internet Identifier" was clarified to mean an IP address.

A new document released 24Oct2012 from the Parliamentary Library shines a lot of information on the proposals:
Telecommunications data retention—an overview
Nigel Brew. Foreign Affairs, Defence and Security Section
http://parlinfo.aph.gov.au/parlInfo/download/library/prspub/1998792/upload_binary/1998792.pdf


In mid February the AGD finally succumbed to Brendan Molloy's (@piecritic) FOI requests revealing that the department intended to go a LOT further insofar as the data retention details went and has been planning to do so for quite some time. And with a lot of technical ineptitude wrapped up amongst it all.
For details, see here: http://brendan.so/2013/02/14/data-retention-foi-request-fulfilled-pretty-bad/
See the above link for links to articles, the story behind it, the actual documents with checksums etc, but direct links to the provided docs are also below:

The full request sequence and correspondence is available here: http://www.righttoknow.org.au/request/documents_relating_to_data_reten


Relevant Acts


Directly Related Media Articles, Press releases and/or Blogposts etc

Post Report articles

The Report: http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/report.htm


Article title Source Author Date
No Coalition policy on data retention, copyright infringement
The Coalition will join Labor in not going to this Australian federal election with any policy on mandatory data retention or copyright infringement, Shadow Attorney-General George Brandis has told ZDNet.
ZDNet Josh Taylor 26 August 2013
Labor won't decide on data retention, copyright infringement until after election
The Australian Labor Party will not rule in or rule out bringing in data retention laws or a copyright infringement deterrence scheme if it wins the September federal election.
ZDNet Josh Taylor 20 August 2013
Data retention net tightens on Attorney-General’s Department
The Attorney-General’s Department has admitted it did more on data retention than it claimed to a parliamentary committee. (Note: Paywalled)
Crikey Bernard Keane 8 July 2013
Gotcha: Oz Greens squeeze web snoop law confession
Data retention bill drafted, despite denials
The Register Richard Chirgwin 7 July 2013
Government admits it gave incorrect answers on data retention plans
The Attorney-General's Department has admitted it had legislation drafted for a data retention scheme, changing answers it previously provided to Greens communications spokesperson Senator Scott Ludlam in Senate Estimates hearings.
The Greens Scott Ludlam 5 July 2013
Attorney-General’s Department changes tack on data retention
In a significant admission, the Attorney-General’s Department has corrected its evidence to the Senate Legal and Constitutional Affairs Committee to reveal two provisions for a data retention régime were drafted at the Department’s request.
Crikey Bernard Keane 5 July 2013
Australian government to extend intelligence powers
This article claims the media reports of a backdown on data retention are false and that the report actually endorses sweeping extensions to intelligence agency monitoring powers... (this article seems a to take things a bit too far)
World Socialist Web Site Patrick O’Connor 27 June 2013
Data retention always comes back
Data retention has been slayed in Australia for the time being, but like any good pop culture villain, it will always come back.
ZDNet Josh Taylor 26 June 2013
Data retention 'will return', campaigners say
Privacy campaigners have welcomed the government’s plans to drop controversial data retention legislation - but they say it's likely to be back should the Coalition win government.
SBS Bill Code 25 June 2013
Yes we can: how surveillance was quietly stymied in Australia
There are some lessons from this week’s Australia’s national security inquiry, especially when we compare ourselves to the US and the UK. Secret plans for data retention came to nothing.
Crikey Bernard Keane 25 June 2013
‘Shelved’? No. Data retention will be back
Yesterday it was widely reported that the Federal Government had ‘shelved’ its data retention plans, walking away from the controversial proposal to monitor all Australians’ communications. But the reality is the complete opposite: Data retention is still being actively considered as a policy and will shortly return to plague Australia once again.
Delimiter Renai LeMay 25 June 2013
Pirate Party disappointed by National Security Report
Pirate Party Press Release in response to the release of the report.
Pirate Party Australia Pirate Party Australia 25 June 2013
Mandatory Data Retention Defeated in Australia, For Now

Yesterday, a parliamentary committee issued a report declining to recommend data retention and strongly criticizing the government for failing to adequately explain and justify its proposal.

EFF Daniel Nazer 24 June 2013
National security inquiry declines to endorse data retention

A key review of proposal to strengthen national security laws has opted against recommending mandatory data retention, and suggested a strictly limited scheme if governments do consider one.

Crikey Bernard Keane 24 June 2013
Government must abandon data retention

The Federal Government must unequivocally reject mandatory telecommunications data retention in the wake of the release of the National Security Inquiry report, the Australian Greens said today.

The Australian Greens Scott Ludlam 24 June 2013
Australian government shelves data retention plans

The Australian government has said that it will not progress plans for a mandatory data retention scheme.

ZDNet Josh Taylor 24 June 2013
Committee throws data retention decision back to government

The Australian parliamentary committee looking into proposed telecommunications security reforms has left it to the government to decide whether ISPs should be forced to retain data for two years.

ZDNet Josh Taylor 24 June 2013
Parliamentary Committee report on National Security Legislation

Press Release from Attorney-General Mark Dreyfus in regard to the release of the PJCIS Report

Attorney-General’s office Attorney-General Mark Dreyfus 24 June 2013
. . . .

Post submission due date articles

Article title Source Author Date
Attorney-General’s Department: hiding a data retention gargoyle?
More evidence has emerged that the Attorney-General’s Department has significantly downplayed the extent of its work in developing a data retention regime to record data about Australians’ telephone and internet usage — and may have misled a Senate committee about it.
Crikey Bernard Keane 20 June 2013
The bureaucrats and the strange case of the vanishing meetings - Evidence to a Senate committee from Attorney-General’s officials about its data retention preparations sits poorly with what we already know.
Crikey Bernard Keane 30 May 2013
http://www.aph.gov.au/parliamentary_business/committees/senate_committees?url=legcon_ctte/estimates/bud_1314/ag/ag-correction4.pdf -

PDF of the correction letter referred to in below and above entries.

29 May 2013
Attorney General's Department on data retention - Ludlam Questions AGD at Senate Legal and Constitutional Affairs Legislation Committee
The Greens Scott Ludlam 29 May 2013
Senator Ludlam questions PM&C on internet filtering, Wikileaks and cybersecurity

in Senate Estimates on Monday 27 May, Senator Ludlam questioned officials from the Department of Prime Minister and Cabinet on on internet filtering, Wikileaks and cybersecurity

YouTube Australian Greens· 27 May 2013
Data retention divergence as US, UK mull mass surveillance
Crikey Bernard Keane 13 May 2013
Greens predict 'kinder, gentler' data retention to return post-election
ZDNet Josh Taylor 9 May 2013
Creeping power of the Keystroke cops
Walkley Foundation Bernard Keane 3 May 2013
Ludlam tables anti-data retention petition
Delimiter Renai LeMay 28 Feb 2013
Ignore the 98.9 per cent at your peril

Transcript and video of Ludlam tabling petition and proposing motion in the Senate

greensmps.org.au Senator Scott Ludlam 27 Feb 2013
Petition against data retention law runs into Senate wall
Computerworld Adam Bender 27 Feb 2013
Pirate Party petition 'demolishes case for data retention'
ITNews Ry Crozier 26 Feb 2013
Data retention goes back underground as campaign turns up the heat
Pirate Party Australia Pirate Party Australia 26 Feb 2013
Motion on Data Retention

This is the motion presented in the Senate to accompany the PPAU petition. The major parties voted it down.

greensmps.org.au Senator Scott Ludlam 26 Feb 2013
Liberty lost in name of security

Another response to the below Sheridan article. Again, google search the title to get past the paywall to the full article.

The Australian Alan R.M. Jones 25 Feb 2013
Danby and Sheridan hammer home an own-goal for data retention

A response to the below article

Crikey Bernard Keane 21 Feb 2013
Keeping up with the criminals

A pro Data Retention scare piece. Paste the title into a google search to get past the paywall.

The Australian Greg Sheridan 21 Feb 2013
Secret data retention docs display gross technical ineptitude

A treasure trove of previously confidential documents pertaining to the Government’s data retention policy and released this week under Freedom of Information laws display an astonishing technical ineptitude on the part of the Attorney-General’s Department with respect to the controversial project.

Delimiter Renai LeMay 15 Feb 2013
‘Banality of evil’: new documents lift the veil on data retention

New documents shed light on the enthusiasm of the Attorney-General’s Department to move forward with (and think large on) data retention, and the resistance it encountered from industry.

Crikey Bernard Keane 14 Feb 2013
Data retention FOI request fulfilled, pretty bad

FOI request re some data retention details was finally partially successful, revealing some scary stuff.

brendan.so (Blog) Brendan Molloy 14 Feb 2013
'The elephant in the room': Data retention's controversial origins

Documents released under Freedom of Information laws show that the Australian government's data-retention policy has been controversial since its 2009 secret inception.

ZDNet Josh Taylor 13 Feb 2013
#natsecinquiry FOI reveals more of the same: It’s still terrible
21stcenturysamizdat (Blog) JLLLOW 13 Feb 2013
Pirate Party applauds Berners-Lee’s anti-retention comments
Pirate Party Australia Pirate Party Australia 31 Jan 2013
'Dynamite': web inventor warns about dangers of government snooping
Sydney Morning Herald Stephen Hutcheon 29 Jan 2013
Tim Berners-Lee calls data retention a 'really, really bad idea'
ITNews Liz Tay 29 Jan 2013
Gillard vows to fight 'malicious' cyber attacks
ABC News Simon Cullen 24 Jan 2013
Gillard spends big on cyber-security; including new centre
Delimiter Renai LeMay 23 Jan 2013
Spy agency ASIO wants powers to hack into personal computers
The Telegraph Natasha Bita 13 Jan 2013
#NatSecInquiry may not land before election
Delimiter Renai LeMay 9 Jan 2013
AFP can't get data on how long it needs data
One of the strongest backers for Australian telecommunications companies to hold customer data for access by government agencies can't itself provide data on how long it usually requires that data for crime investigation to be stored.
ZDNet Josh Taylor 8 Jan 2013
More Exciting Adventures in the World of Freedom of Information
Current FOI Request Status: Documents relating to data retention proposals
Brendan's Nonsense (blog) Brendan Molloy 2 Jan 2013
ASIO spies seeking immunity to train undercover in terror camps
Note Mark Newtons comment on this article:
"The actual power ASIO wants is the ability to authorise ASIO agents to commit crimes. The crime of training in a terrorist camp (Al Quaeda? Seriously? ) is merely the justification. Once the power is ranted, it will inevitably be used to authorise ASIO agents to commit other crimes as well. We are a nation of laws, and that means our law enforcement agencies need to be bound by the law. Granting a covert agency the ability to say, "Don't worry about that, it's authorised," when corrupt illegal behaviour comes to light is very, ery dangerous to our democracy."
Adelaide Now Natash Bita 26 Dec 2012
National security inquiry delay to put data retention on hold Crikey Bernard Keane 20 Dec 2012
Pirate Party appeals data retention censorship Delimiter Renai LeMay 20 Nov 2012
Pirate Party Appeals National Security Legislation Freedom of Information Refusal Pirate Party Australia Pirate Party Australia 20 Nov 2012
Like Pulling Teeth Rodney Serkowski//Info Politics (Blog) Rodney Serkowski 20 Nov 2012
National iSpy Online Opinion Kellie Tranter 13 Nov 2012
Internet filtering - the war is over? The Age Adam Turner 9 Nov 2012
Assembling the building blocks of global net regulation Crikey Bernard Keane 6 Nov 2012
Politicians united by data retention ZDNet Josh Taylor 5 Nov 2012
Committee confused over data retention debate ITNews Joshua Gliddon 2 Nov 2012
Revealed: who the govt spoke with on data retention plans Crikey Bernard Keane 2 Nov 2012
Data definitions in the spotlight as A-G dept fronts inquiry Crikey Bernard Keane 1 Nov 2012
Open Letter to Attorney-General Nicola Roxon CSO Jarrod Loidl 31 Oct 2012
Triple J: Hack 30 Oct 2012 Episode Direct link to mp3: link Data retention story at 11m15s in. Triple J: Hack Triple J: Hack 30 Oct 2012
Insulted, ASIO? That’s not really the problem, surely? Followup to the Below stilgherrian.com Stilgherrian 26 Oct 2012
Data retention's underlying attitude problems Podcast/Audio (+text) ZDNet: Patch Monday Stilgherrian 22 Oct 2012
Tracking Citizens in Real Time DC84.com [Blog] David W. Campbell (PPAU President) 22 Oct 2012
ASIO insulted by statements it could abuse data retention powers Computerworld Stephanie McDonald 22 Oct 2012
Internet legislation watchdog concerned over cybercrime bill Reportage Stella Gray 21 Oct 2012
For Their Eyes Only Audio ABC Radio National: Background Briefing Di Martin 21 Oct 2012
ASIO seen as serious threat to innocent citizens Sydney Morning Herald Natalie O'Brien 20 Oct 2012
ASIO wants powers to counter changing technology ABC News Di Martin 20 Oct 2012
How not to launch a public debate, by the A-G’s Department Crikey Bernard Keane 18 Oct 2012
Shining Light on National Security Inquiry Exposes Ugly Truth Pirate Party Australia Pirate Party Australia 17 Oct 2012
Top cybercop had no idea about Telstra logging Delimiter Renai LeMay 17 Oct 2012
AFP roadshow garnered #NatSecInquiry support Delimiter Renai LeMay 17 Oct 2012
Ludlam vs ASIO: Supplementary Senate Estimates - Legal and Constitutional Committee - Video & Transcript Greens Australia Scott Ludlam 16 Oct 2012
AFP denies seeking URLs for data-retention plans ZDNet Josh Taylor 16 Oct 2012
Ludlam vs AFP: Supplementary Senate Estimates - Legal and Constitutional Committee - Video & Transcript Greens Australia Scott Ludlam 16 Oct 2012
'Trust us': police push for greater data access Canberra Times Christopher Knaus 16 Oct 2012
Data retention plans slammed by IGF panel Computerworld Hamish Barwick 12 Oct 2012
Labor, Coalition block data retention transparency Delimiter Renai LeMay 11 Oct 2012
Labor and Coalition unite to keep Australians in the dark on data retention Australian Greens (Press Release) Scott Ludlum 11 Oct 2012
Other government reforms also "creepy", not just data retention, Ludlam says Computerworld Stephanie McDonald 11 Oct 2012
Attorney-General's Department to front security inquiry iTnews iTnews 11 Oct 2012
Web snooping plan suppressed by government The Age Philip Dorling 10 Oct 2012
Govt censors pre-prepared data retention bills Delimiter Renai LeMay 10 Oct 2012
Pirate Party Stonewalled on Data Retention Pirate Party Australia Pirate Party Australia 10 Oct 2012
Pirate Party applauds Turnbull Pirate Party Australia Pirate Party Australia 10 Oct 2012
We must stop the government's erosion of liberties Canberra Times Simon Breheny 10 Oct 2012
Attorney-General told to keep data retention to six months itnews James Hutchinson 10 Oct 2012
Turnbull's doubts on storing digital data Sydney Morning Herald Michelle Grattan 9 Oct 2012
Data Retention and Biometric Security - Why Both Are Bad Ideas. Audio: Radio Interview with IT specialist Wayne Bucklar ABC Brisbane 612 Kelly Higgins-Devine 9 Oct 2012
Free at Last! Or Freedom Lost? Liberty in the Digital Age: 2012 Alfred Deakin Lecture Speech Transcript/Text malcolmturnbull.com.au Malcolm Turnbull 8 Oct 2012
Government's creeping hand itnews Simon Breheny 6 Oct 2012
Data retention risks Australian internet freedoms itnews James Hutchinson 5 Oct 2012
Data retention will require massive storage re-architecture ZDNet Josh Taylor 5 Oct 2012
The dark side to data retention Technology Spectator. Mark Gregory 4 Oct 2012
Indefinite data retention “appalling”, say critics Delimiter Renai LeMay 1 Oct 2012
Data retention proposals make cybercrime suspects of us all iiNet Blog Post Steve Dalby 28 Sep 2012
Why are people so worried about data retention and the National Security Inquiry? ABC Technology and Games Nick Ross 28 Sep 2012
ISPs could become spy services: inquiry 9 News Toby Mann and Adam Bennett 27 Sep 2012
Skype, Gmail outside of Telstra net Sky News Sky News 27 Sep 2012
Data retention to cost $60m for iiNet to set up; customers will pay ComputerWorld Stephanie McDonald 27 Sep 2012
Vodafone calls for clarity on metadata retention, warns of costs ComputerWorld Rohan Pearce 27 Sep 2012
Corporate watchdog eyes telecommunications interception powers ComputerWorld Rohan Pearce 27 Sep 2012
Not just metadata: ASIC wants content retained Delimiter Renai LeMay 27 Sep 2012
Indefinite Data Retention Suggestion Appalling, says Pirate Party Pirate Party Australia Pirate Party Australia 27 Sep 2012
Telstra reveals RSPCA, local councils accessing its customers' data ComputerWorld Stephanie McDonald 27 Sep 2012
Police barter data retention against Australians' privacy ZDNet Josh Taylor 27 Sep 2012
Telstra: Not the carrier of choice for terrorists ZDNet Josh Taylor 27 Sep 2012
Arguments for and against data retention plan - Audio Podcast SBS Dawn Tratt 27 Sep 2012
#NatSecInquiry is Filling Me With Worry WordyTumble: Blog Matthew Hatton @bernietb 26 Sep 2012
Police seek more access to telecommunications data Audio+Text ABC: PM Peter Lloyd/Mark Colvin 26 Sep 2012
Police push for 'indefinite' data retention itnews James Hutchinson 26 Sep 2012
Police want phone, web data kept indefinitely Sydney Morning Herald Bianca Hall 26 Sep 2012
Be careful, she might hear you Sydney Morning Herald Philip Dorling 25 Sep 2012
Is Big Brother still with us Radio interview with Mark Newton Breakfast on Radio Adelaide Angus Randall --> Mark Newton 24 Sep 2012
Only Real Threat Is To Our Online Privacy Herald Sun Simon Breheny 24 Sep 2012
Baker & McKenzie: Inquiry into potential reforms of National Security Legislation and recent developments JDSupra Baker & McKenzie Australia 21 Sep 2012
ASIO, Roxon defend data-retention proposal ZDNet Josh Taylor 21 Sep 2012
Roxon clarifies draconian data retention plans Crikey Bernard Keane 21 Sep 2012
Metadata still "spying" on people, says Pirate Party Computerworld Stephanie McDonald 21 Sep 2012
Roxon’s Metadata Definition Still Dangerously Flawed Pirate Party Australia Pirate Party Australia 21 Sep 2012
Everyone's An Expert Online New Matilda Myles Peterson 21 Sep 2012
Europe’s data retention story not clear cut Delimiter Renai LeMay 21 Sep 2012
Policing privacy more costly under data storage plans ABC News Simon Cullen 20 Sep 2012
ASIO, Roxon shed light on data retention proposal itnews James Hutchinson 20 Sep 2012
Roxon steps up data retention campaign Computerworld Stephanie McDonald 20 Sep 2012
Labor, Coalition avoid data retention debate Delimiter Renai LeMay 20 Sep 2012
Letter to the Committee from AG Roxon (pdf) aph.gov.au Attorney General Nicola Roxon 19 Sep 2012
Mandatory Data Retention Irreconcilable with Fundamental Human Rights Blog: Rodney Serkowski // Info Politics Rodney Serkowski 19 Sep 2012
Internet privacy a major worry for readers The Age Craig Butt and Henrietta Cook 19 Sep 2012
Roxon conflates cyber-bullies, protests, data retention Delimiter Renai LeMay 18 Sep 2012
Vague data retention proposal draws IIA ire and friendly fire The Register Richard Chirgwin 17 Sep 2012
Regulator lets the cat out of the bag: data retention not just about national security IPA Simon Breheny 17 Sep 2012
Faulkner attacks vague national security proposals Crikey Bernard Keane 17 Sep 2012
Casting wide net in data ocean no guarantee of enhanced security AMTA AMTA 15 Sep 2012
The online devil is in the details News.com.au Claire Connelly 15 Sep 2012
Scams, petrol price rorts are why we need data retention: ACCC ZDNet Josh Taylor 14 Sep 2012
The Australian Law Council says Labor's data retention plans go too far The Australian Andrew Colley 14 Sep 2012
Telcos call for clarity on data retention scheme ITNews James Hutchinson 14 Sep 2012
Criticism of data retention proposal grows while Roxon obfuscates EFA jlawrence 14 Sep 2012
BE CAREFUL WHAT YOU CLICK FOR... The Global Mail Bernard Lagan 13 Sep 2012
Trolling our way to national security

Trolling our way to national security

geordieguy.com

Delimiter

Geordie Guy 12 Sep 2012
GetUp! rejects Roxon’s “partisan spin” Delimiter Renai LeMay 12 Sep 2012
Freedom Not Fear: David Lyon on Contemporary Surveillance EFF Rebecca Bowe 12 Sep 2012
Tony Abbott vows to pressure Nicola Roxon on internet laws The Australian David Crowe 12 Sep 2012
Roxon rejected request for a data retention debate Technology Spectator Harrison Polites 12 Sep 2012
TECHNOLOGY SPECTATOR: Labor's internet data laws won’t work Business Spectator Mark Gregory 12 Sep 2012
THE FACTS ABOUT GETUP'S OFFER TO THE ATTORNEY-GENERAL GetUp! GetUp! 11 Sep 2012
GetUp security claims totally false: Roxon Sydney Morning Herald AAP 11 Sep 2012
Coalition MPs join critics of data storage plans ABC News Simon Cullen 11 Sep 2012
Coalition MPs slam data retention plan The Australian David Crowe 11 Sep 2012
Data retention: what it really means ABC: The Drum Matthew Warren 11 Sep 2012
Roxon turns to YouTube for data retention argument Computerworld Stephanie McDonald 11 Sep 2012
Lessons learnt in data retention law Sydney Morning Herald Liam Tung 11 Sep 2012
Big Brother is watching News.com.au Alan RM Jones 10 Sep 2012
Roxon calls on Twitter to out trolls The Age Clancy Yeates 10 Sep 2012
What is the government up to on Australia’s internet kill switch? Crikey Bernard Keane 10 Sep 2012
History repeating: Five ways data retention is like Conroy’s filter Delimiter Renai LeMay 10 Sep 2012
Experts slam AG’s proposed reforms Lawyers Weekly Andrew Jennings 10 Sep 2012
An extremely uncivil attack on our liberty The Age Chris Berg 9 Sep 2012
Data retention proposal 'raises more questions than it answers,' says IIA executive Computerworld Adam Bender 7 Sep 2012
Data retention laws risky, Canberra told The Australian Andrew Colley 6 Sep 2012
Turnbull won’t comment on data retention Delimiter Renai LeMay 6 Sep 2012
Pirate Party blasts data retention risks SC Magazine Staff Writer 6 Sep 2012
AG Roxon’s Sudden Support for Data Retention Disconcerting Pirate Party Australia Pirate Party Australia 6 Sep 2012
Your Data Is Safe With Nicola Roxon NewMatilda Myles Peterson 5 Sep 2012
National security hysteria, the fastest-growing crime in Aust Crikey Bernard Keane 5 Sep 2012
Data-retention plan like ‘punching at a cloud’ SBS Andy Park 5 Sep 2012
Data-retention plan likened to Gestapo tactics ABC News 4 Sep 2012
Roxon tries to allay fears over data storage ABC News Simon Cullen 4 Sep 2012
Phone, internet data could be kept for 2 years [video] ABC: Lateline John Stewart 4 Sep 2012
Attorney-General Nicola Roxon leaves door open to data retention The Australian AAP 4 Sep 2012
AG Nicola Roxon Bats for Data Retention Laws, Insists It’s the Need of the Hour The International Business Times Erik Pineda 4 Sep 2012
Nicola Roxon backflip gives green light for online spying News.com.au Claire Connelly 4 Sep 2012
Australian customers could pay for govt spying ZDNet Josh Taylor 4 Sep 2012
. Whole slew of other articles need to be added in here... to come soon. . . .
Attorney General makes case for widespread internet tracking ABC: The World Today Simon Lauder 4 Sep 2012
Attorney-General Nicola Roxon’s Speech On Data Retention Laws Text of Speech australianpolitics.com 4 Sep 2012
Proposed Changes to Australia's Data Retention Laws Likely to Be Costly CircleID Susanna Sharpe 3 Sep 2012
Data retention could cost over $500m: Comms Alliance, AMTA ComputerWorld Stephanie McDonald 29 Aug 2012
Internet data tracking proposal seen as 'a police state' (178 comments) Sydney Morning Herald Bianca Hall, Ben Grubb, Lucy Battersby 29 Aug 2012
Proposed data retention laws likened to police state: Bendall Acting Victorian Privacy Commissioner ComputerWorld Hamish Barwick 29 Aug 2012
Cyber crackdown will lift costs, Huawei tells ALP The Australian (Business) Annabel Hepworth 28 Aug 2012
ATO asks for greater phone-tap access The Australian Annabel Hepworth 23 Aug 2012

Pre submission due date articles

Article title Source Author Date
Just the beginning of a national security debate Inside Story Jennifer Goh 2 Aug 2012
Anonymous attack protests web laws, catches innocents [video/transcript] ABC (7:30 Report) 7:30 Report: Hayden Cooper 1 Aug 2012
AFP assistant commissioner calls for data retention laws Computerworld Hamish Barwick 1 Aug 2012
Who watches the Watchmen? Benevolent Menticide (Blog) @Simbera 31 July 2012
Why is Anonymous hacking Australia? The Conversation Mark Gregory 31 July 2012
Data retention no big deal for us: Telstra ZDNet Josh Taylor 30 July 2012
The politics of data retention ZDNet Stilgherrian 29 July 2012
Intelligence watchdog tracking new powers Sydney Morning Herald Dylan Welch 28 July 2012
If Nicola Roxon doesn’t believe in her own policy, why should we? The Conversation Bruce Arnold 25 July 2012
Ludlam: government paying "lip service" on data retention proposals Computerworld Stephanie McDonald 24 July 2012
Hypothetical: news from a national security future Crikey Bernard Keane 23 July 2012
Surveillance and Intelligence-gathering Essential Vision 23 July 2012
National Security Inquiry - Discussion Paper Summary The Republic of Rob (Blog) 22 July 2012
Own Goal? barnold law (Blog) Bruce Arnold 21 July 2012
Data trail easy to follow for Big Brother Sydney Morning Herald Dylan Welch and Ben Grubb 21 July 2012
Roxon questions plan to track users' web history The Age Dylan Welch and Ben Grubb 21 July 2012
Spy in the machine The Age Dylan Welch and Ben Grubb 21 July 2012
Australia Wants To Join The Snooper's Club: Why That's Bad For All Of Us Techdirt Glyn Moody 20 July 2012
ASIO's getting the keys to your computer Sydney Morning Herald (Blunt Instrument) John Birmingham 19 July 2012
You’ve got mail. ASIO wants to read it. All of it. The Punch Andrew Baker 19 July 2012
Be sceptical of vague new 'national security' powers ABC: The Drum Chris Berg 17 July 2012
Australian Government Moves to Expand Surveillance Powers EFF Rebecca Bowe 17 July 2012
New surveillance powers akin to ‘China, Iran’ Delimiter Renai LeMay 16 July 2012
The Surveillance State Tunes In New Matilda Mark Newton 16 July 2012
Australian Goverment Mulls Allowing Authorities to Hack Your Computer ZeroPaid Drew Wilson 16 July 2012
Why has the Right gone missing on the surveillance state? Crikey Bernard Keane 13 July 2012
Spies must make a case for access to net data Sydney Morning Herald Editorial/Opinion 13 July 2012
Proposed National Security changes are a threat to civil liberties and privacy EFA jlawrence 13 July 2012
Watching the detectives: the case for restricting access to your social media data The Conversation Bruce Arnold 13 July 2012
Govt defends need to snoop on online and phone records News.com.au AAP 12 July 2012
The incompatibility of Attorney General values and the internet-era world ABC Nick Ross 12 July 2012
Why Data Retention is a Bad Thing GeordieGuy.com (Blog) Geordie Guy 12 July 2012
New web spy powers: for and against Sydney Morning Herald Ben Grubb 12 July 2012
Every click you make, they'll be watching The Age Dylan Welch 12 July 2012
Spies seek access to internet data

Incl video with Jon Lawrence, EFA

ABC 12 July 2012
Email Responses Regarding National Security Inquiry Pirate Party Australia Pirate Party Australia 12 July 2012
Australia Follows U.S., U.K. in Proposing Radical Expansion of Government Surveillance Powers Slate Ryan Gallagher 11 July 2012
Pirate Party Demands Extension of Submission Deadline for National Security Inquiry Pirate Party Australia Pirate Party Australia 10 July 2012
National Security review – speak up now Greens Press Release Scott Ludlum 10 July 2012
“Systematic erosion of privacy”: Parliament launches surveillance review Delimiter Renai LeMay 10 July 2012
Government unveils huge wishlist of new surveillance powers Crikey Bernard Keane 10 July 2012
Ludlam: OzLog a "dodgy premise" Computerworld Scott Ludlam 04 June 2012
Demand your liberties before they are taken ABC: The Drum Greg Barns 10 May 2012
Roxon goes public on data retention ZDNet Josh Taylor 4 May 2012
Oz asks how much personal data should telcos keep? The Register (UK) Simon Sharwood 4 May 2012
Inside Australia's data retention proposal ZDNet Ben Grubb 16 June 2010
. . . .

Extra Video/Audio

RAP NEWS 15: Big Brother is WWWatching You: https://www.youtube.com/watch?v=o66FUc61MvU

Attorney-General's update on the inquiry into potential reforms to national security legislation: https://www.youtube.com/watch?v=R8_VHR_mtCQ

LATELINE: Phone, internet data could be kept for 2 years: http://www.abc.net.au/news/2012-09-04/phone-internet-data-could-be-kept-for-2-years/4243314

GetUp YouTube Video: http://www.youtube.com/watch?v=QAxZ-riGmyo

7:30 Report: Anonymous attack protests web laws, catches innocents: http://www.abc.net.au/7.30/content/2012/s3558603.htm

Speeches at Sydney Freedom Not Fear Sept 15th 2012: http://www.youtube.com/watch?v=2Ej2f2SjogQ

"War on the Internet" Cryptoparty Video: http://www.youtube.com/watch?v=QuiDxuVmmQU

Bernard Keane audio message to Cryptoparty: http://soundcloud.com/cryptoparty/bernard-keane (rest of Cryptoparty Melbourne audio files here: http://soundcloud.com/cryptoparty/)

Rick Mercer: Rick's Rant: Online Privacy http://www.youtube.com/watch?v=2xfwJ2magpw (Referring to Canada's similar bill)

"Is Big Brother still with us" Breakfast on Radio Adelaide interview with Mark Newton: http://radioadelaidebreakfast.wordpress.com/2012/09/24/is-big-brother-still-with-us/

"Is big brother watching you?" Breakfast on Radio Adelaide interview with Greens Senator Scott Ludlam: http://radioadelaidebreakfast.wordpress.com/2012/08/27/is-big-brother-watching-you/

Greens Senator Scott Ludlam questioning ASIO and AFP over National Security Inquiry:
Australian Federal Police at Senate Estimates http://www.youtube.com/watch?v=aT4DwV9WYkU
Australian Security Intelligence Organisation (ASIO) at Senate Estimates http://www.youtube.com/watch?v=o0Udb1RO0FE

"For Their Eyes Only" ABC Radio National: Background Briefing http://www.abc.net.au/radionational/programs/backgroundbriefing/2012-10-21/4316150

Triple J: Hack story on Data Retention etc: http://mpegmedia.abc.net.au/triplej/hack/daily/hack_tues_2012_10_30.mp3 <-- 11minutes 15 seconds into file (second story)

Password - The Privacy Snatchers: http://www.youtube.com/watch?v=Gqlia08gfPY (parody song)

VOX.Y.Z vox pop on proposed changes to national security laws: https://www.youtube.com/watch?v=oLeBPz1XjAs

Why Privacy Matters: http://www.youtube.com/watch?v=QsG-UoZnPTo Privacy International asked lawyers, activists, researchers and hackers at Defcon 2012 about some of the debates that thrive at the intersection between law, technology and privacy. We also wanted to know why privacy matters to them, and what they thought the future of privacy looked like. This video is a result of those conversations. Featuring Cory Doctorow, Kade Crockford, Jameel Jaffer, Dan Kaminsky, Chris Soghoian, Marcia Hoffman, Moxie Marlinspike, Phil Zimmerman, Hanni Fakhoury and Eli O.


Greens Senator Scott Ludlam questions AGD over Data Retention (29 May 2013)
http://www.youtube.com/watch?v=aOFnKYKHUBs
http://scott-ludlam.greensmps.org.au/content/estimates/attorney-generals-department-data-retention


Immersion: Beneath the surface
http://vimeo.com/69464265
Visualising Metadata


Other Links

These links are loosely related to the natsecinquiry in that they may be good examples of why aspects of the new proposals are a bad idea, or are more general overarching privacy/surveillance articles etc.


Other Related Articles

The Age newspaper is also running a special series on "The Privacy Question".
There are a series of articles available here: http://www.theage.com.au/technology/the-privacy-question

Also the Annual ASIO Report to Parliament 2011-12 is here: http://www.asio.gov.au/Publications/Report-to-Parliament/Report-to-Parliament.html

Also: http://www.reddit.com/r/Bad_Cop_No_Donut

Article title Source Author Date
Data retention might not be proportional to risks

Judges of the Grand Chamber of the European Court of Justice in Luxembourg on 9 July 2013 adamantly asked for proof of the necessity and efficiency of the EU Data Retention Directive.

Internet Policy Review Monika Ermert 9 July 2013
Evil in a Haystack

How do you find a terrorist hidden in millions of gigabytes of metadata?

Foreign Policy J.M. Berger 17 June 2013
ASIO blueprints stolen in major cyber attack

Computer hackers in China are understood to be behind a cyber attack in which highly classified blueprints of Canberra's new ASIO headquarters were stolen.

ABC News ABC News 27 May 2013
US spy device 'tested on NZ public'

A high-tech United States surveillance tool called ThinThread which sweeps up all communications without a warrant was sent to New Zealand for testing on the public...

New Zealand Herald David Fisher 25 May 2013
Cybersecurity awareness week: be aware you’re being lied to

It’s cybersecurity awareness week. So you should be aware that you’re being lied to about cybercrime, who’s behind it, and how your rights and freedoms are under threat.

Crikey Bernard Keane 24 May 2013
Going dark and the logic of mass surveillance

US agencies are grappling with the same technological challenges as British and Australian agencies but have the advantage of being able to act beyond the law.

Crikey Bernard Keane 14 May 2013
FBI employees, entrusted with stopping computer crimes, commit them too

In this episode of Sext-Files: mining FBI databases for dirt on "hot" celebrities.

Arstechnica Nate Anderson 23 Feb 2013
Anonymous dump US State Dept database on the web ITNews Juha Saarinen, Darren Pauli 19 Feb 2013
At Davos the Elite Ponder Stale Cybersecurity Issues—and Charlize Theron

The Rich and Powerful attendees of the World Economic Forum say they're concerned that the U.S. government and businesses aren't working together to protect them from hackers. But big American banks have been getting help from the NSA for a while now, according to CIO.com blogger Constantine von Hoffman.

CIO Constantine von Hoffman 24 Jan 2013
Massive espionage malware targeting governments undetected for 5 years

Researchers have uncovered an ongoing, large-scale computer espionage network that's targeting hundreds of diplomatic, governmental, and scientific organizations in at least 39 countries.

arstechnica Dan Goodin 15 Jan 2013
Interns access private data

FOREIGN interns as young as 15 have been given access to protected Australian embassy databases containing sensitive information, including documents with the private details of Australian citizens.

National Times. Natalie O'Brien 6 Jan 2013
Cyber spies mean business: ASIO

Looks like ASIO etc are coming out swinging in the New Year attempts to justify their Internet spying laws with this piece on how data retention will supposedly protect businesses from 'OMG's the Cyberfrauds'

Financial Review Christopher Joye 1 Jan 2013
China is sealing holes in Internet firewall - Here's how

China cracking down on VPNs etc

WRAL Techwire Philip Shishkin 31 Dec 2012
£1.8bn 'snooper's charter' fails to get Treasury backing

UK: The home secretary, Theresa May, has failed to win the backing of the Treasury to fund her £1.8bn "snooper's charter" programme to track everybody's internet and mobile phone use, ministers have revealed.

The Guardian Alan Travis 28 Dec 2012
China requires Internet users to register namesChina's government tightened Internet controls Friday with approval of a law that requires users to register their names after a flood of online complaints about official abuses rattled Communist Party leaders. WRAL Joe McDonald 28 Dec 2012
Russian hackers break into Australian medical clinic’s patient records, demand $4,000 ransomA Gold Coast, Australia medical practice has been held to ransom by a group of Russian hackers. The hackers encrypted the practice’s patient database, rendering it unusable until decrypted. The Next Web Joel Falconer 10 Dec 2012
Cops to Congress: We need logs of Americans' text messagesUS State and local law enforcement groups want wireless providers to store detailed information about your SMS messages for at least two years -- in case they're needed for future criminal investigations. CNet Declan McCullagh 3 Dec 2012
Access to private net, phone use up by 20% - without warrantsAUSTRALIAN law enforcement and government agencies have sharply increased their access without warrant to vast quantities of private telephone and internet data, prompting new calls for tighter controls on surveillance powers. Sydney Morning Herald Philip Dorling 1 Dec 2012
Police phone intercept evidence almost doubles in one year

POLICE are increasingly bugging telephones to make arrests, according to new figures to be released by the Government today.

Herald Sun Ken McGregor 29 Nov 2012
The Woman Behind CryptoParty

Story about Asher Wolf and creation of Cryptoparties

Tangled Web Luke Allnutt 27 Nov 2012
The Real Scandal Surrounding the Petraeus Resignation

The National Security Agency routinely collects 1.7 billion emails, phone calls and communications every single day.

Huffington Post Dennis Kucinich 14 Nov 2012
Australian Govt gets ‘user data’ from Google twice a day

Google, one of many sources Australian agencies can request user data from, says it complied with 334 government requests for Australian user data between January and June 2012.

CSO Liam Tung 14 Nov 2012
Official requests up for Aussies' web data: Google

Australian authorities are increasingly monitoring web users' activities, as worldwide governments increasingly track the online lives of citizens.

Sydney Morning Herald Bianca Hall 14 Nov 2012
Filter was white elephant waiting to happen

Conroy has backed down but there's no shortage of people still pushing to invade our privacy and censor the internet.

Sydney Morning Herald Asher Moses 9 Nov 2012
Government abandons plans for internet filter

The Federal Government has abandoned its controversial plan for a mandatory internet filter, five years after it was first promised.

ABC News Simon Cullen 9 Nov 2012
The Australian Government's identity catch-all

The Gillard Government has, by cunning and scope creep, managed to put the final pieces in place to develop a citizen identity system as powerful as the Australia Card proposal of the 1980s.

IT News John Hilvert 7 Nov 2012
Judge orders the FBI to explain their Internet spy plans

The FBI has been adamant about withholding information about their plans to ensure the government can access any encrypted emails or messages sent over the Internet, but now a federal judge says the agency needs to come clean.

RT Russia Today 3 Nov 2012
Germany Discloses Most of the Spy Tools It's Using—and Other Countries Should, Too Slate Ryan Gallagher 31 Oct 2012
Feds eye FOI cutbacks

Attorney-General Nicola Roxon has announced an independent review of the Freedom of Information Act, claiming that the scheme is costing to much too administer.

ITNews John Hilvert 31 Oct 2012
South Carolina suffers theft of 3.6M social security numbers

A hacker has compromised a server holding social security numbers and credit card information belonging to South Carolina residents, but the state is not going to go down without a fight.

ZDNet Michael Lee 29 Oct 2012
Police need new internet surveillance tools, say chiefs Canada

The Canadian Association of Police Chiefs is calling on the federal government to pass its controversial internet surveillance bill so police can fight cybercrime more effectively.

CBC News CBC News 26 Oct 2012
U.N. calls for 'anti-terror' Internet surveillance

United Nations report calls for Internet surveillance, saying lack of "internationally agreed framework for retention of data" is a problem, as are open Wi-Fi networks in airports, cafes, and libraries.

CNet Declan McCullagh 22 Oct 2012
Law letting ASIO detain in secret belongs in a police state

Calls are routinely made to give bodies like ASIO extra authority but this is not matched by a willingness to wind back existing powers that have become unnecessary or even dangerous.

Sydney Morning Herald George Williams 22 Oct 2012
Parliament’s IT systems a complete shambles

Wow. Looks like almost everything that could go wrong here has gone wrong.

Delimiter Renai LeMay 22 Oct 2012
WHO SHOULD CONTROL THE INTERNET? [Audio Radio Program + Transcript]

There's a growing push to change the way the Internet is governed. But what's at stake in an increasingly inter-connected world?

ABC Radio National: Future Tense Antony Funnell: 22 Oct 2012
Dutch government proposes cyberattacks against... everyone

The Netherlands has a political culture that usually prides itself on moderation and balance. This is a proposal which discards those principles entirely.

EFF Eva Galperin, Katitza Rodriguez and Peter Eckersley 22 Oct 2012
ASIO seen as serious threat to innocent citizens

The powers of Australia's domestic spy agency, ASIO, are rotten at their core, could be used against innocent Australians by an unscrupulous government and should be repealed

Sydney Morning Herald Natalie O'Brien 20 Oct 2012
New Zealand government suffers major data breach

... the mind boggles at the epic government data security fail ...

Neowin Owen Williams 15 Oct 2012
We do not need an internet overlord

The internet should be kept free, not turned into a geopolitical plaything controlled by the United Nations

ABC: The Drum Chris Berg 9 Oct 2012
How To Rein In ASIO

ASIO's broad assessment powers are ruining the lives of asylum seekers. Our intelligence agencies need urgent reform so that everyone can enjoy legal protection.

New Matilda Ben Saul 5 Oct 2012
Intelligence effort named citizens, not terrorists

A multibillion-dollar information-sharing program created in the aftermath of 9/11 has improperly collected information about innocent Americans and produced little valuable intelligence on terrorism.

Yahoo: Finance Eileen Sullivan and Matt Apuzzo 03 Oct 2012
Inquiry Cites Flaws in Counterterrorism Offices

One of the USA's biggest domestic counterterrorism programs has failed to provide virtually any useful intelligence, according to Congressional investigators.

New York Times James Risen 02 Oct 2012
Senator's 'red undie' remarks fall flat in New York

Communications Minister Stephen Conroy has declared he has "unfettered legal power" over telecommunications regulation, including the ability to request Australian telcos "wear red underpants on their head".

Sydney Morning Herald Ben Grubb 28 Sep 2012
Privacy movement finds strength in crypto night

Melbourne Cryptoparty: Roxons National Security Inquiry and the Cybercrime bill have spawned a movement to safeguard online privacy.

The Age Craig Butt and Henrietta Cook 23 Sep 2012
Everyone who attended OWS with a cell phone had their identity logged, says security expert PrivacySOS sosadmin 22 Sep 2012
Twitter promises to keep metadata for Australian law enforcement

Twitter has committed to keeping user metadata for Australian law enforcement agencies investigating so-called Twitter trolls.

ZDNet Josh Taylor 20 Sep 2012
Police handed data on myki users

Victoria's public transport authority is increasingly handing over information about myki users' movements to police, raising concerns that the smartcard is being used as a tracking device.

Sydney Morning Herald Henrietta Cook 18 Sep 2012
Stellar Wind: The data ‘eye of Sauron’ almost online

A top secret US government data centre reveals the breadth of powers that can be found at the intersection of legislation and technology, writes Andy Park.

SBS Andy Park 17 Sep 2012
You're being more closely watched

AUSTRALIANS' privacy protections have been eroded more than in any other country since the 9/11 attacks in the United States, experts warn.

The Age Jane Lee 17 Sep 2012
US data whistleblower: 'It's a violation of everybody's constitutional rights'

Former National Security Agency official Bill Binney says US is illegally collecting huge amounts of data on his fellow citizens

The Guardian Paul Harris 15 Sep 2012
Cryptoparty goes viral

Pen testers, privacy geeks spread security to the masses.

SC Magazine Darren Pauli 4 Sep 2012
Police databases have major security flaws The Age Lucy Battersby 14 Sep 2012
Some of our anti-terrorism laws are well past their use-by date Sydney Morning Herald George Williams 14 Aug 2012
Lawyer's suspicions spy agency listened to client calls proven right (Canada) The Vancouver Sun Colin Perkel 8 Aug 2012
The Cybersecurity Act was a surveillance bill in disguise (USA Bill) The Guardian Mark M. Jaycox 2 Aug 2012
Does Cybercrime Really Cost $1 Trillion? Propublica Peter Maass and Megha Rajagopalan 1 Aug 2012
Diggers' personal details released in email ABC 19 July 2012
CYBER SAFETY: Who Watches the Watchers? Scott Ludlam (Greens) Scott Ludlam
Debunking the dangerous "If you have nothing to hide, You have nothing to fear" Falkvinge & Co Rick Falkvinge 19 July 2012
Australia and United States working together on homeland security

The Australian and United States Governments today signed joint statements which will see increased intelligence sharing to combat transnational crime, including terrorism, and to make travel between Australia and the United States easier.

Attorney-General's Department: Joint Media Release Nicola Roxon & Jason Clare 4 May 2012
Privacy as a political right

We must recognise that all political systems require privacy to function, and devise our policies and build our technologies accordingly.

Privacy International. Daniel J. Solove 15 May 2011
Why Privacy Matters Even if You Have 'Nothing to Hide' The Chronicle Review Index on Censorship, Vol. 39, No. 1, 58-68 (2010). 11 May 2011
An Insatiable Appetite for National Security Castan Centre for Human Rights Law Adam Fletcher 17 July 2012
Yet another free pass for Aussie spooks

Do our politicians fear questioning ASIO?

CSO Stilgherrian 15 Sept 2011
Ten years of anti-terror laws ABC Sarah Collerton 12 Sept 2011
U.S. Admits Surveillance Violated Constitution At Least Once Wired Spencer Ackerman 20 July 2012
UK snoop system had 1,000 COCKUPS - including 2 duff cuffs

Whoops, sorry. Spied on you and locked you up by accident

The Register (uk) Kelly Fiveash 16 July 2012
The Lengthening Arm of Uncle Sam’s ‘Pirate’ Justice Torrentfreak Myles Peterson 6 May 2012
Why the campaign against anonymity is an attack on free speech Crikey Bernard Keane 9 Aug 2011
Dept. of Homeland Security Forced to Release List of Keywords Used to Monitor Social Networking Sites

The list of Keywords

Forbes Reuven Cohen 25 May 2012
German Study Finds The Data Retention Ineffective EDRI EDRI 9 Feb 2011
The Eternal Value of Privacy Wired Bruce Schneier 18 May 2006

The Petraeus thing

Article title Source Author Date
The Real Scandal Surrounding the Petraeus Resignation

The National Security Agency routinely collects 1.7 billion emails, phone calls and communications every single day.

Huffington Post Dennis Kucinich 14 Nov 2012
FBI's abuse of the surveillance state is the real scandal needing investigation

That the stars of America's national security establishment are being devoured by out-of-control surveillance is a form of sweet justice

The Guardian Glenn Greenwald 13 Nov 2012
Five Things the Petraeus Affair Teaches Us About Online Surveillance

The FBI methods used to reveal the CIA director's affair are relevant to all Web users

MIT Technology Review Tom Simonite 13 Nov 2012
The Surveillance State Takes Friendly Fire New Yorker Patrick Radden Keefe 13 Nov 2012
Instead of "Dead Dropping," Petraeus and Broadwell Should Have Used These Email Security Tricks Slate Ryan Gallagher 13 Nov 2012
The David Petraeus Scandal, Explained

Who knew what and when? Marine General John Allen too? And what's up with the shirtless anti-Obama FBI agent?

Mother Jones Adam Weinstein 12 Nov 2012
Report: FBI investigation into CIA chief's email "started with two women," not Petraeus Boing Boing Xeni Jardin 10 Nov 2012

Anonymous ISP Hack Related

Article title Source Author Date
Anonymous attack protests web laws, catches innocents [video/transcript] ABC (7:30 Report) 7:30 Report: Hayden Cooper 1 Aug 2012
Why is Anonymous hacking Australia? The Conversation Mark Gregory 31 July 2012
The asymmetry implicit in Internet data retention The Register (UK) Richard Chirgwin 31 July 2012
An Anonymous attack in search of a purpose Crikey Stilgherrian 30 July 2012
Anonymous hacks Australian ISP AAPT to demonstrate data retention problems The Next Web Joel Falconer 26 July 2012
Anonymous' ISP dump won't kill data retention ZDNet Suzanne Tindal 26 July 2012
Has Anonymous hacked an Aussie ISP? Delimiter Renai LeMay 26 July 2012
Anonymous Threatens To Expose Data From An Australian ISP Gizmodo Luke Hopewell 24 July 2012
Anonymous hits Australia The Register (uk) Simon Sharwood 24 July 2012

Canadian Spy Issue

Article title Source Author Date
Australia, Canada 'primary spy targets' The Age Philip Dorling 26 July 2012
Foreign spy 'stole' Australian secrets The Age Philip Dorling 25 July 2012
Canadian sailor 'sold' Australian intelligence agency secrets Courier Mail AAP 25 July 2012
Report says alleged Canadian spy’s activities compromised Australia’s intelligence network The Star (Canada) Josh Tapper 24 July 2012
. . . .


Data Retention in EU

Article title Source Author Date
Austria court finds EU data retention plan violates EU privacy law Jurist Jerry Votava 21 Dec 2012
European Union Data Retention Directive Directive 2006/24/EC EUR-Lex 15 March 2006
EU Authorities: Implementation of Net Surveillance Directive Is Unlawful EFF Katitza Rodriguez 15 July 2010
German Decision: Data Retention Unconstitutional European Digital Rights EDRI 10 March 2010
German Court Strikes Blow Against EU Data Retention Regime EU Observer Honor Mahoney 3 March 2010
Czech Republic: Constitutional Court Overturns Parts of Data Retention Law Library of the US Congress Library of Congress 4 January 2011
German Data Retention Effectiveness Report [pdf] http://www.vorratsdatenspeicherung.de/ 26 January 2011
Wiki analysing German Data Retention Effectiveness Report http://www.vorratsdatenspeicherung.de/
German Study Finds The Data Retention Ineffective EDRI EDRI 9 Feb 2011
Germany's data retention law ruled unconstitutional over privacy concerns out-law out-law


ASIC and Section 313

Article title Source Author Date
Revealed: ASIC’s secret website block notices Delimiter Renai LeMay 28 June 2013
ASIC repeatedly delays S.313 FoI responses Delimiter Renai LeMay 25 June 2013
ASIC Drops The Ball: Section 313 FOI Request Delayed Brendan's Nonsense (blog) Brendan Molloy 21 June 2013
How ASIC's attempt to block one website took down 250,000 Sydney Morning Herald Ben Grubb 5 June 2013
ASIC admits to blocking another 250,000 sites EFA Jon Lawrence 5 June 2013
‘No apologies’: ASIC pledges to block more sites Delimiter Renai LeMay 3 June 2013
Website Blocking - the Plot Thickens EFA Jon Lawrence 31 May 2013
Conroy calls for transparency on s313 website blocking EFA Jon Lawrence 28 May 2013
ASIC debacle: Conroy open to transparency over website blocks Computerworld Stephanie McDonald 23 May 2013
Like the filter, only worse EFA Jon Lawrence 17 May 2013
Australia's net filter sneaks into operation through back door The Register Simon Sharwood 17 May 2013
Government accused of sneaking in web filter Sydney Morning Herald Ben Grubb 17 May 2013
ASIC 'stuff up' marks return of internet filter - experts News.com.au Claire Porter 17 May 2013
ASIC's accidental block exposes secret internet filtering scheme ZDNet Josh Taylor 16 May 2013
ASIC request sparks internet censorship The Australian Rachel Baxendale 16 May 2013
ASIC blocked “numerous” sites over 9 months Delimiter Renai LeMay 16 May 2013
ASIC Censorship Wholly Irresponsible and Reckless Pirate Party Australia Pirate Party Australia 16 May 2013
ASIC Blocks Scam Website and Takes 1,200 Innocent Sites Down With It. EFA Steven Roddis 16 May 2013
Interpol filter scope creep: ASIC ordering unilateral website blocks Delimiter Renai LeMay 15 May 2013
Australian Networks Censor Community Education Website EFF Danny O'Brien and Eva Galperin and Peter Eckersley 15 May 2013

Overreach/Incompetence/Abuse of Power/Mistakes etc

Article title Source Author Date
More officers suspended over security leak

Two more police officers have been suspended after a taskforce was set up to investigate a major information leak that could compromise criminal investigations, including those into bikie gangs.

The Age Catherine Chisholm 10 May 2013
'SENSITIVE' POLICE FILES FOUND AT BIKIE GANG PREMISES

Victoria Police Chief Commissioner Ken Lay says the force is investigating one of the biggest leaks of sensitive information in its history.

Yahoo ABC 7 May 2013
Glenn Carle: The Interrogator

Audio. Radio Interview: Ex CIA spy Glenn Carle—'the interrogator'—talks to Paul Barclay about a top secret operation that went dreadfully wrong. An alleged al Qaeda kingpin terrorist was incarcerated for eight years, and subjected to what most of us would call torture, then released without charge, without apology, his life in ruins. All along, without success, Carle tried to convince the CIA they had the wrong man.

ABC: Radio National Paul Barclay 6 Jan 2013
Interns access private data National Times. Natalie O'Brien 6 Jan 2013
Female Cop Gets $1 Million After Colleagues Trolled Database to Peek at Her Pic Wired Kim Zetter 6 Nov 2012
Terror raids followed the outing of ASIO informer Sydney Morning Herald Dylan Welch and Daniel Oakes 14 Sep 2012
ASIO terror case texts posted on Facebook Sydney Morning Herald Dylan Welch, Daniel Oakes 14 Sep 2012
Bugging bombshell as secret files revealed Sydney Morning Herald Neil Mercer 9 Sep 2012
State's first consorting verdict is overturned Sydney Morning Herald Stephen Jeffery 15 August 2012
The curious case of Timothy Byrnes, ASIO and the National Security Hotline Sydney Morning Herald Philip Dorling 26 July 2012
ASIO treatment of Tamil defended in High Court Sydney Morning Herald Michael Gordon and Daniel Flitton 19 June 2012
Police phone intercepts 'an appalling abuse of power' The Australian Stuart Rintoul 4 June 2011
Asylum seekers and ASIO's abuse of power ABC: The Drum Michael Head 8 July 2010
Judge says ASIO officers kidnapped, intimidated terrorism suspect ABC: Lateline Leigh Sales 12 Nov 2007
The Four Corners of Crime and Corruption ABC: Four Corners (Collection of Videos of 4 Corners reports)
Even bystanders feel building watchdog's bite

He was an innocent witness to a minor scuffle, but he was interrogated for hours. The law forbids him from telling his story, and we cannot name him nor show his face. This is happening in Australia...

Sydney Morning Herald Andrew West 15 Dec 2007

Telstra Privacy Fails, etc

Article title Source Author Date
Hardcoded passwords leave Telstra routers wide open

Hardcoded usernames and passwords have been discovered in a recent line of Telstra broadband routers that could allow attackers access to customer networks.

SC Magazine Darren Pauli 13 Nov 2012
Telstra offers opt-in customer internet tracking ZDNet Josh Taylor 5 Nov 2012
Telstra and privacy breaches peteraclarke.com.au (blog) Peter A Clarke 10 July 2012
Two podcasts on Telstra’s web monitoring ultragaffe Stilgherrian (blog) Stilgherrian 8 July 2012
'Customer privacy is not negotiable': Telstra boss admits leaking customer data Sydney Morning Herald Peter A Clarke 6 July 2012
Telstra shows worrying lack of concern for customer data EFA jlawrence 28 June 2012
Pirate Party Outraged at Breach of User Trust with Telstra Data Retention Pirate Party Australia 26 June 2012

The PRISM, NSA Surveillance, Verizon and Edward Snowden issue

This issue warrants it's own wiki page and so is available here: http://pirateparty.org.au/wiki/Issues/PRISM


Notes on the Terms of Reference and Discussion paper

This section was intended as a rough setting out of ideas in order to assist people in writing their own submissions.

We were not permitted to share the actual Pirate Party submission text prior to the publication of said submission by the Joint Parliamentary Committee on Intelligence and Security. Now that submissions have been formally published we suggest you look at the actual Pirate Party submission: http://pirateparty.org.au/2012/08/24/pirate-party-releases-national-security-inquiry-submission/ or peruse some of the other 200 submissions here: http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/subs.htm

The notes are laid out based on the 6 page Terms of Reference (ToR) found here.

Notes from the discussion paper will follow the points in the ToR to make submission writing easier.

Areas of proposed changes

Introduction

(From the Discussion paper) Security services claim new powers are needed because:

They claim to have foiled 4 attacks on Australian soil since 2001.

Organised Crime.

To combat espionage from foreign powers.

Claims Law enforcement needs to keep up in a technological arms race.

"Australia’s telecommunications landscape continues to evolve, it is appropriate and timely to consider how best to manage risks to the data carried and stored on our telecommunications infrastructure to secure its availability and integrity in the long term."

Criticism

The current surveillance powers available to security agencies were able to foil four terrorist attacks since 2001. It would stand to reason that their current powers are adequate if they are able to stop terrorists already.

Deploying invasive surveillance measures to fight the so-called technological arms race with criminals results in the privacy and rights of Australian citizens to be eroded year after year. Whist some changes are necessary to adjust to the move of communications online, many measures that have been passed by the last two governments already overstep the boundaries of what is acceptable in a liberal democracy and what is proposed is the most serious assault on Australians' civil liberties to date.

Forcing ISP's to store everyone's browsing history, email data and social media histories is the largest emerging threat to the privacy of Australian citizens and businesses. Creating such a central repository will become a holy grail for criminal organisations who can use the very private data of Australians for blackmail, fraud and identity theft.

1. Relevant Acts:

a) Telecommunications (Interception and Access) Act 1979

b) Telecommunications Act 1997

c) Australian Security Intelligence Organisation Act 1979

d) Intelligence Services Act 2001

2. Consider effectiveness of proposals. The inquiry should ensure that Intelligence and Security agencies can adapt to changing technologies, can co-operate effectively and provide enhanced security to the tele-communications sector.

Criticism

The proposals in regard to dealing with 'the challenges of new and emerging technologies upon agencies’ capabilities' are all one way; the proposals strip citizens of their basic rights to grant more power to Intelligence agencies.

Enhancing the ability of security services to co-operate has merit. Issues may arise where, due to the differing responsibilities and vested powers of various agencies become a method to work around some of the checks and balances protecting Australians from undue surveillance.

3. The committee should have regard to:

a) The need to protect the privacy and civil rights of individuals, proportionate to national security

Criticism There is no demonstrated need for Intelligence agencies to gain wide-sweeping powers over the private information of Australian citizens. The powers requested, especially in the Areas of Consideration (2 years mandatory data retention and the loss of the right to remain silent in regards to decryption for E.G.) are contrary to any measure of civil liberties and are powers that are usually the hallmark of oppressive regimes.

Blanket data retention has a serious negative impact on the communications of citizens. Studies into the German data retention regime before it was declared illegal show a clear impact on communications of German citizens. A poll of 1000 German citizens showed that one in 19 people had refrained from making communication due to the data retention regime. This resulted in people not communicating on a range of issues where privacy is required for communications to occur, including victims of sexual assault, people communicating in confidence with their Lawyers, requesting counseling services, health services, confidential business negotiations, providing information to Journalists.

Fear of data leaks is justified with widespead loss of confidential data by the very organisations the proposed system plans to empower to manage the data. Recently ASIO and ISPs have both lost Australians' private data. Systematic abuses have occured with other government agencies in the past, such as the widespread abuse of customer data by Centrelink Staff. Data retention resulted in employees at the telco T-Mobile selling 17 million sets of private customer data including private phone numbers of politicians, business heads and celebrities.

b) Limit costs to ISPs and flow on effect to consumers

Criticism Mandatory data retention will be a costly exercise in over-collection of data that will result in consumers paying extra to their ISP's for Intelligence services having the right to pore over their personal information at leisure.

c) reduction of efficiency of law enforcement and intelligence due to changing technology

4. The committee needs to take into account a broad range of stakeholders, through public, in camera and classified hearings.

This will give rise to mistrust in the deliberations of PJCIS. If classified hearings are used to justify the proposed assault on Australians' civil liberties it will create mistrust in the Australian public who, according to the Sydney Morning Herald are almost united in their opposition to increased surveillance powers online.

5. Objectives PJCIS must report on 3 issues:

- Modernising lawful communications access for security services.

- Minimising risks to Australia's communications infrastructure by foreign powers.

- Enhancing operational capacity of Intelligence agencies.

Three 'layers' of proposals:

- A That the government wishes to progress.

- B That the government is considering progressing

- C That the government directly seeks the opinion of PJCIS

A The Government is wishing to progress the following proposals:

In the Telecommunications (Intercept and Access) Act 1979 (TIA)

N.B. For some reason the TIA Act recommendations in the Discussion Paper are not split into the three categories of 'wishing to progress', 'considering' or 'seeking opinion'. Will base the sections off the details of the ToR.

Strengthening Privacy protections by considering the Acts

- Privacy objectives

- Proportionality tests for Warrants

- Mandatory record keeping

- Oversight

Criticism Whilst the ToR refers to strengthening privacy protections the discussion paper is singing a different tune.

The discussion paper implies due to the expansion of information people put online, there is a lower expectation of privacy. There is an expectation that data put on social media sites like Facebook will only be viewable by friends. People have control over what they share, and with whom. Allowing more widespread privacy invasion will create pressure for people to share less because they will not be able to know who could access the data.

It claims data retention is a cheap and effective crime fighting tool, citing the 2011 TIA report which stated:

"In 2010‐2011 there were 2441 arrests, 3168 prosecutions (2848 for serious offences) and 2034 convictions (1854 for serious offences) based on lawfully intercepted material.2 Law enforcement agencies made 91 arrests, 33 prosecutions and obtained 33 convictions based on evidence obtained under stored communications warrants.

The proposal to push surveillance costs onto ISPs may be good for the governments bottom line, it will push up prices for Australian citizens, effectively forcing them to pay for the privilege to be spied on.

The current threshold allowing access to telecommunications intercepts is crimes with punishment set at seven years in the TIA Act. The paper recommends reducing this to three years citing child exploitation crimes as justification (as the sentences are not long enough to allow intercepts). In other legislation regarding surveillance (E.G. Surveillance Devices Act) the three year minimum is already in place. We believe the seven year threshold should be applied to other Acts as it seems to be a fair limitation. With crimes involving child exploitation the law could be toughened, or if such a proposal causes that law to become unreasonably draconian, a specific exception made.

In the Australian Secret Intelligence Organisation 1979

5. a) Change definition of computer.

b) Grant the Attorney General the power to vary terms of a Warrant and to extend the maximum warrant from 90 days to 6 months.

Criticism Warrants require Judicial oversight as each investigation into an Australian citizen is an invasion of their privacy. Extending the length, or focus of a Warrant requires a competent Judicial Authority to make such grave decisions and should not be made lightly or as a matter of course, but only after sufficient justification is provided.

(ASIO cont'd) 6. Modernise pay structure.

Intelligence Services Act 2001

Allow Defense Imagery and Geo-spacial Organisation to share data with approved organisations.

B Issues the Government is Considering Progressing

TIA Act 1979

8. Streamlining the Lawful access to communications regime to include a single Telecommunications Intercept (TI) Warrant.

Criticism There is some need to streamline the number of types of Warrants available to Intelligence services. The issue with a single wide ranging Warrant is the risk that any investigation resulting in privacy invasion may destroy a suspects privacy beyond any reasonable proportionality to what they are suspected of. If broader powers outlined below are granted, such as granting the ability to go through social media accounts there is opportunity for widespread abuse.

9. Modernising Industry Assistance Framework.

a. Implement detailed requirements for industry interception obligations

b. extend the regulatory regime to ancillary service providers not currently covered by the legislation

c. implement a three‐tiered industry participation model

Criticism Again there is a push from this paper to push surveillance costs onto service providers, which in turn pass these onto consumers.

'Ancillary providers' refer to social media platforms, news sites etc. This level of surveillance is severely invasive. Equivalent in the real world through executing a search warrant that includes opening mail and tapping phonecalls. Such access needs to be given the strictest oversight and only be engaged when serious crimes are committed. Broad-reaching 'fishing expeditions' need to be rejected. In the US Law enforcement have instigated such expeditions on Twitter Hashtags that have even caught Australian commenter tweets in the dragnet.

Australian Security Intelligence Organisation Act 1979

10. Amending the ASIO Act to create an authorised intelligence operations scheme. This will provide ASIO officers and human sources with protection from criminal and civil liability for certain conduct in the course of authorised intelligence operations.

The discussion paper states that this is the same powers as currently granted to Federal undercover agents, namely they are covered in the case they carry out a crime they are investigating, it clearly states they are not covered if they encourage the crime in any way, so entrapment concerns are allayed.

Criticism Just a general opposition to expansion of police powers in any form.

11. Amending the ASIO Act to modernise and streamline ASIO’s warrant provisions to:

a. Establish a named person warrant enabling ASIO to request a single warrant specifying multiple (existing) powers against a single target instead of requesting multiple warrants against a single target.

b. Align surveillance device provisions with the Surveillance Devices Act 2007

c. Enable the disruption of a target computer for the purposes of a computer access warrant

In Section 25a of the ASIO Act, ASIO is forbidden to do anything that "that adds, deletes or alters data or interferes with, interrupts, or obstructs the lawful use of the target computer by other persons." The proposal is to add the phrase "activity proportionate to what is necessary to execute the warrant."

d. Enable person searches to be undertaken independently of a premises search

I.E. Allow search warrants to be written targeting a suspect rather than a premises

e. Establish classes of persons able to execute warrants

ASIO currently needs to name officers carrying out an arrest, this would make it possible for the Director General to assign arrest powers to groups within ASIO rather than needing to list arresting officers on each warrant.

Criticism A 'named person Warrant,' when applied with other proposed powers in the discussion paper, could result in repeated harassment of a suspect for up to six months at a time.

Allowing disruption of computers for other users of a system would result in unnecessary loss of civilian data, for EG if servers containing information relating to a case are owned by a data storage company, multiple users would store data unknowingly on a server with people under investigation, which could then be seized or otherwise interrupted in the course of an investigation. This could cause untold economic disruption should critical information be inadvertently seized.


C Issues the Government is Expressly seeking the opinion of the PJCIS

Telecommunications (Interception and Access) Act 1979

14. Reforming the Lawful Access Regime

A expanding the basis of interception activities

Criticism This is not spelled out in any detail later, so there is not much to go on. With over 200,000 Warrants issued every year for telecommunication intercepts this power is already used too widely. Expanding the basis for which communications interceptions could be used would only increase this number by several orders of magnitude. The concept of innocent until proven guilty would be completely thrown out of the window as the entire population would be treated as suspects.

15 Modernising Industry Assistance Framework

A Establish an offence for failure to decrypt

B Institute industry response timelines

C tailored data retention periods for up to 2 years for parts of a data set, with specific timeframes taking into account agency priorities, and privacy and cost impacts

Critique A This is an assault on the right to remain silent. It is currently the right of a defendant to defend themselves including invoking the right to remain silent during questioning and it is up to the Law enforcement agency to prove guilt. Forcing a suspect to hand over security passwords etc. is forcing them to answer questions. This changes the very nature of the Judicial system and needs to be resisted.

This is a serious danger to journalists who must protect sources in order to uncover the corruption of the powerful, as well as other professionals where privacy is an important part of the relationship with the client, such as Lawyers and Doctors.

Critique C The mandatory collection of the Internet history, email contacts and social media posts and interactions is a gross invasion of the privacy of every Australian. There is a demonstrated chilling effect on the private communications of people subjected to such regimes (one in 19 Germans avoided searching for data due to the now abandoned surveillance regime established there, see above). The fear of this data being uncovered is justified due to the almost continuous stream of data breaches occuring among the major Telcos, including Telstra and AAPT. The scope for such personal information to be used for blackmail is as wide as the imagination.

The cost of storing the data would be massive and could effectively prohibit new start-ups from trying to enter the ISP market as the storage costs alone would make initial costs exorbitant. The added costs to existing ISPs and Telcos would be passed onto consumers adding yet one more pressure to the cost of living.

16. Amending the Telecommunications Act

Amending the Telecommunications Act to address security and resilience risks posed to the telecommunications sector. This would be achieved by:

A By instituting obligations on the Australian telecommunications industry to protect their networks from unauthorised interference

B By instituting obligations to provide Government with information on significant business and procurement decisions and network designs 10 Equipping Australia against emerging and evolving threats 2012

C Creating targeted powers for Government to mitigate and remediate security risks with the costs to be borne by providers

D Creating appropriate enforcement powers and pecuniary penalties

Criticism There needs to be serious penalties for failure to disclose data breaches. If peoples data gets compromised it is vital that they can take measures to defend their information from further exposure by changing passwords, backing up data, cancelling credit cards etc. This applies to any government agency handling private data as well as the private sphere.

17 Modernise and Streamline ASIO Arrest Warrants.

A Use of third party computers and communications in transit.

B Incidental Entry

C Use of force

D Evidentiary Certificates

Use of third party computers and communications in transit Criticism Accessing 3rd party computers to intercept communications could result in a multitude of problems for the third party. A private citizens' privacy is invaded by the secret police, the psychological effect of having ASIO agents using your computer for any reason would result in fear of discussing personal information openly and freely, and the operation of their computer is diminished by the installation of monitoring software. Businesses such as social media platforms would be required to give ASIO access to their data through terminals which would potentially also give the agent access to every other account on their system.

Allows ASIO officers to enter third party premises to execute a Warrant (either physical or computer Warrant).

Incidental Entry Criticism This needs to be done with the knowledge of the third party or it amounts to a serious invasion of their privacy.

Use of force Criticism The wording of this section makes it difficult to discern what is being proposed. If the specific power is intended to give ASIO agents the power to use necessary force to make an arrest, it is a reasonable clarification to make for arrests that occur after evidence is found during a search. If this power is intended for any other purpose it could amount to a permission to torture suspects.

Evidentiary Certificates Criticism An Evidentiary Cerificate gives an authorised officer the ability to represent another Officer in a legal matter, including cross-examination. This weakens the defendants ability to face justice as they would be unable to cross-examine their accusers, only a legalised representative of their accusers. Where this is already in place it needs to be repealed.

18 Amending the Intelligence Services Act 2001

A Grants Australian Secret Intelligence Service (ASIS) the power to investigate Australian Citizens who are suspected of espionage and counter-espionage for a foreign power.

B All foreign spy agencies (ASIS, Defense Imagery Geospacial Organisation (DIGO), and Defense Signals Directorate (DSD)) are to be granted the power to investigate Australian citizens when assisting ASIO.

C ASIS to be empowered to train informants in weapons and self defence.

Criticism Section 9 1A of the Intelligence Services Act gives the Minister permission to order investigations on Australian citizens when they have committed a crime with a minimum penalty of one year gaol. The wide array of crimes include activities as minor as Intellectual Property crimes and illegally broadcasting information. The definition of 'serious crime' would be laughable if it didnt mean that in conjunction with proposals in the Trans-Pacific Partnership Agreement which is currently under negotiation, that Intelligence Agencies vcould be ordered to chase the sale of generic medicines or pirated DVDs from overseas.

The powers granted to ASIS could be construed as being able to be used to investigate Journalist organisations like Wikileaks.

Giving ASIS the power to train informants and other non-agents is extremely troubling. This would give the organisation the mandate to train geurilla armies, insurgent forces and other organisations. Australian citizens would be horrified if it were discovered the government, through ASIS were waging dirty wars against foreign governments. Any move in this direction, such as this proposal, must be rejected in the strongest terms.