New Australian spy powers

Stuff reports:

Australia’s spy agency could soon have the power to monitor the entire Australian internet after new anti-terrorism laws passed the Senate on Thursday night.

Australian spies will soon have the power to monitor the entire Australian internet with just one warrant, and journalists and whistleblowers will face up to 10 years’ jail for disclosing classified information.

The government’s first tranche of tougher anti-terrorism bills, which will beef up the powers of the domestic spy agency ASIO, passed the Senate by 44 votes to 12 last night with bipartisan support from Labor. …

The new bill also allows ASIO to seek just one warrant to access a limitless number of computers on a computer network when attempting to monitor a target, which lawyers, rights groups, academics and Australian media organisations have condemned.

They said this would effectively allow the entire internet to be monitored, as it is a “network of networks” and the bill does not specifically define what a computer network is.

ASIO will also be able to copy, delete, or modify the data held on any of the computers it has a warrant to monitor.

The bill also allows ASIO to disrupt target computers, and use innocent third-party computers not targeted in order to access a target computer.

On afternoon, Senator Brandis confirmed that, under the legislation, ASIO would be able to use just one warrant to access numerous devices on a network.

The warrant would be issued by the director-general of ASIO or his deputy.

“There is no arbitrary or artificial limit on the number of devices,” Senator Brandis told the Senate. …

A third bill enabling the collection of internet and phone metadata for a period of up to two years for warrantless access by law-enforcement and spy agencies will be introduced later this year.

These changes in Australia show how benign the law is in NZ, by comparison. Some differences:

  • Mass surveillance allowed in Australia, but not in NZ (confirmed does not happen by the and Provacy Commissioner)
  • Law changes rushed through Parliament in a few days, as opposed to NZ which had a public submission process
  • Warrants can be issued by ASIO themselves with no need for warrant to be signed by a Minister and a judicial officer
  • Metadata collection and storing to be legalised in Australia, but not legal in NZ

So the NZ law is relatively narrow, and has checks and balances built in. The Australian law is not.

After concerns were raised by Labor and Senator Leyonhjelm, the government agreed to amend the legislation to specifically rule out ASIO using torture.

Well that’s something!

“The internet poses one of the greatest threats to our existence,” Palmer United Party Senator Glen Lazarus said, speaking out against Senator Ludlam’s amendment.

Oh dear.I’m glad am in NZ.

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