[AusNOG] Dutton decryption bill
paulwilkins369 at gmail.com
Wed Sep 5 12:23:31 EST 2018
Provision 28(1) amending the Surveillance Devices Act would already
authorise data access for any senior officer of the law enforcement
50 After subsection 28(1)
(1A) A law enforcement officer may apply to an appropriate authorising
officer for an emergency authorisation for access to data held in a
computer (the target computer) if, in the course of an investigation of a
relevant offence, the law enforcement officer reasonably suspects that:
(a) an imminent risk of serious violence to a person or substantial damage
to property exists; and
(b) access to data held in the target computer is immediately necessary for
the purpose of dealing with that risk; and
(c) the circumstances are so serious and the matter is of such urgency that
access to data held in the target computer is
(d) it is not practicable in the circumstances to apply for a computer
I was pretty gob smacked.
On Wed, 5 Sep 2018 at 12:04, Narelle Clark <narellec at gmail.com> wrote:
> Paul B - is that agency explicitly referred to or inferable readily in
> the legislation?
> Otherwise Paul W does have a point, there is the potential for the
> thus empowered agencies to proliferate as happened in the data
> retention system before it was changed.
> On Wed, Sep 5, 2018 at 11:42 AM Paul Brooks
> <pbrooks-ausnog at layer10.com.au> wrote:
> > On 4/09/2018 6:17 PM, Paul Wilkins wrote:
> > > I'd encourage others making submissions to raise the same point.
> Government has
> > > clearly not considered this dimension, otherwise the first cab off the
> rank in the
> > > bill's phrasing would be to create a new agency, or identifying a
> single agency on
> > > which to confer these powers.
> > No new agency is required - there is already the CAC, now sitting in
> Home Affairs, who
> > manages existing lawful interception and metadata activities on behalf
> of the various
> > agencies behind it. I would have thought the CAC would be the 'natural
> home' for the
> > single-point-of-interface, even though they don't currently (that I know
> of) deal with
> > device manufacturers.
> narellec at gmail.com
> AusNOG mailing list
> AusNOG at lists.ausnog.net
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