National Security Inquiry
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.
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”, 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.’
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.”
|Note: The PJCIS report has now been released.|
|The report can be accessed in fulland chapter by chapter here:|
Direct link to the full PDF or the report is here:
|Note: Submissions now closed|
|The 200+ submissions are available to be viewed here:|
The Pirate Party Australia submission is available here:
Text of Roxon's subsequent speech to Security in Governance Conference is here:
(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:
- 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.
Pirate Party items
Senate Petition (Please sign it if you haven't already): https://pirateparty.org.au/natsecinquiry-petition/
- Senate Petition has now been tabled in the Senate by Ludlum. See here: https://pirateparty.org.au/2013/02/26/data-retention-goes-back-underground-as-campaign-turns-up-the-heat/
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
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)
CITIZENS, NOT SUSPECTS: http://www.citizensnotsuspects.org.au/
Green's submission template: http://greensmps.org.au/content/national-security-legislation-inquiry-submission
Orwellian Coat of Arms: http://i.imgur.com/Fs9YV.jpg
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/
- Delimiter article re the above Critics flood Roxon with copies of Orwell’s ‘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)
- 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 14 September 2012, 9.00am - 12.15pm
- Program: Friday 14 September 2012 (PDF 59KB)
- Testimonies: Law Council of Australia; Australian Taxation Office; Huawei Technologies (Australia) Pty Ltd; AMTA/Communications Alliance.
- Transcript: Friday 14 September 2012 (parlinfo.aph.gov.au link)
- Live stream: put http://webcast.aph.gov.au/livebroadcasting/asx1/hms975a.asx into VLC ***Concluded***
- Chirpstory of @SimonWolfe's live tweets: http://chirpstory.com/li/22390
- Sydney: Wednesday 26 September 2012, 9.00am - 4.15pm
- Program: Wednesday 26 September 2012 (PDF 80KB)
- Testimonies: NSW Crime Commissioner; Police Integrity Commission; NSW Police; Blueprint for Free Speech; NSW Council for Civil Liberties; Queensland Crime and Misconduct Commission; NSW Young Lawyers; Ericcson.
- Transcript: Wednesday 26 September 2012 (parlinfo.aph.gov.au link) (PDF)
- Live stream: http://aph.gov.au/live or put http://webcast.aph.gov.au/livebroadcasting/asx1/hms10v_40K.asx into VLC ***Concluded***
- Chirpstory of @BlueprintFFS's live tweets: http://chirpstory.com/li/24748 and then as @SimonWolfe http://chirpstory.com/li/24747
- Sydney: Thursday 27 September 2012, 9.00am - 2.30pm
- Program: Thursday 27 September 2012 (PDF 60KB)
- Testimonies: Telstra; Vodaphone Hutchison; Australian Securities and Investments Commission; Internet Society of Australia; iiNet; Gilbert + Tobin Centre of Public Law.
- Transcript: Thursday 27 September 2012 (parlinfo.aph.gov.au link) (PDF)
- Live stream: http://aph.gov.au/live or put http://webcast.aph.gov.au/livebroadcasting/asx2/hms10v_100K.asx into VLC ***Concluded***
Canberra: Friday 12 October 2012, 3.45pm - 5.00pm
- 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
- Canberra: Friday 2 November 2012, 10.00am - 12.00pm
- Location: Committee Room 2S1 (Parliament House Canberra)
- Program: Thursday 27 September 2012 (PDF 55KB)
- Testimonies: Secretary of the Attorney General's Department
- Transcript: Friday 2 November 2012 (parlinfo.aph.gov.au link) (PDF)
- Live stream: http://www.aph.gov.au/live - Or put Direct Link: http://webcast.aph.gov.au/livebroadcasting/asx1/hms9v_100K.asx into VLC or some such
- https://twitter.com/BernardKeane appears to be in attendance and tweeting.
- "Data retention laws cause concern" Summary from "About the House News": http://www.aph.gov.au/About_Parliament/House_of_Representatives/About_the_House_News/Latest_News/IS-05112012
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. "
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
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.
Data Retention Details
On 19th September Attorney General Roxon wrote a letter to the PJCIS with details about the data retention proposals.
- Letter to the Committee from AG Roxon (Original Source pdf): http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/additional/letter%20from%20ag%20to%20pjcis%20clarifying%20tor.pdf
- Text version: Roxon Letter on Data Retention (ppau wiki page with notes appended)
The proposals appear to be heavily based on the European Union Data Retention Directive
- Directive 2006/24/EC: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006L0024:EN:HTML
- ASIO PJCIS Submission: http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/subs/sub%20209.pdf
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:
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
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:
- http://brendan.so/files//foi-data-retention-consultation/MOLLOY%20Decision%20Letter%2013.02.2013.docx MOLLOY Decision Letter 13.02.2013.docx [571.46 KB]
- http://brendan.so/files//foi-data-retention-consultation/MOLLOY%20Decision%20Letter%2013.02.2013.pdf MOLLOY Decision Letter 13.02.2013.pdf [566.17 KB]
- http://brendan.so/files//foi-data-retention-consultation/R%20DR%20Industry%20Consultation%20Meetings%202009.pdf R DR Industry Consultation Meetings 2009.pdf [2.10 MB]
- http://brendan.so/files//foi-data-retention-consultation/R%20DR%20Industry%20Consultation%20Meetings%202010.pdf R DR Industry Consultation Meetings 2010.pdf [344.49 KB]
- http://brendan.so/files//foi-data-retention-consultation/R%20DR%20Industry%20Consultation%20Meetings%202011.pdf R DR Industry Consultation Meetings 2011.pdf [4.63 MB]
- http://brendan.so/files//foi-data-retention-consultation/R%20DR%20Industry%20Consultation%20Meetings%202012.pdf R DR Industry Consultation Meetings 2012.pdf [871.78 KB]
The full request sequence and correspondence is available here: http://www.righttoknow.org.au/request/documents_relating_to_data_reten
- Telecommunications (Interception and Access) Act 1979
- Telecommunications Act 1997
- Australian Security Intelligence Organisation Act 1979
- Intelligence Services Act 2001
Directly Related Media Articles, Press releases and/or Blogposts etc
Post Report articles
|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
|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|
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||geordieguy.com
|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
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
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)
Immersion: Beneath the surface
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
|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
|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
|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
|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
ASIC and Section 313
- FOI Request of ASIC from Brendan Molloy re IP Blocking: https://www.righttoknow.org.au/request/ip_address_blocking
- FOI Request of ASIC from Rodney Serkowski re IP Blocking: http://blog.serkowski.net/wp-content/uploads/2013/07/20130708-Released-Documents-Mr-Serkowski.pdf
Overreach/Incompetence/Abuse of Power/Mistakes etc
|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
|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: https://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: https://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
(From the Discussion paper) Security services claim new powers are needed because:
They claim to have foiled 4 attacks on Australian soil since 2001.
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."
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:
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.
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
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
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.