[AusNOG] Dutton decryption bill

[Paul Wilkins]

Provision 28(1) amending the Surveillance Devices Act would already
authorise data access for any senior officer of the law enforcement
agencies.

50 After subsection 28(1)
Insert:
(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
warranted; and
(d) it is not practicable in the circumstances to apply for a computer
access warrant.

I was pretty gob smacked.

Kind regards

Paul Wilkins


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.
>
>
> Narelle
>
> 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.
> >
>
>
>
> --
>
>
> Narelle
> narellec at gmail.com
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