from the better-run-better-take-cover dept.
Australian Senate authorized mass surveillance, including jail time for journalists or whistle-blowers.
"The internet poses one of the greatest threats to our existence," said Senator Glen Lazarus on Thursday night. Hah! A former rugby player says something dumb, that's always funny, right? No.
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 on Thursday night with bipartisan support from Labor.
The bill, the National Security Legislation Amendment Bill (No. 1) 2014, will now be sent to the House of Representatives, where passage is all but guaranteed on Tuesday at the earliest.
Anyone - including journalists, whistleblowers and bloggers - who "recklessly" discloses "information ... [that] relates to a special intelligence operation" faces up to 10 years' jail.
Details below the fold.
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.
Greens Senator Scott Ludlam was up for it, of course, as was independent Senator Nick Xenophon and, to a lesser extent, libertarian Senator David Leyonhjelm of the Liberal Democratic Party.
But where was the sustained pressure from Labor, the chief opposition party? Oh that's right, the "bipartisan approach to national security" meant that they'd already agreed to it.
[...]
"Incredibly draconian legislation is being passed, and the minister responsible either cannot or will not answer and is smug because the opposition is going along with it."
The responsible minister, Australia's favourite Attorney-General Senator George Brandis QC, was indeed smug.
When asked by Ludlam what kinds of things, specifically, ASIO would be empowered to do under a computer access warrant, Brandis's reply was dismissive. "What ASIO would be empowered to do would be that which is authorised by the warrant, which is in turn governed by the terms of the act," he said.
When Ludlam sought clarification, Brandis answered with variants of "I do not have anything to add to my previous answer," and eventually characterised Ludlam's questioning as "attempt to filibuster this legislation and abuse the processes of this place".
Properly fucked up, mate!
(Score: 5, Insightful) by Anonymous Coward on Friday September 26 2014, @01:49PM
"The internet poses one of the greatest threats to our existence,"
The "we" in "our" being criminals in power.
(Score: 2) by fishybell on Friday September 26 2014, @01:53PM
Here here.
(Score: 2, Interesting) by Max Hyre on Friday September 26 2014, @02:03PM
So some subset of the Australian government is now allowed, not merely to suppress/block, but to actually control the content of any website it pleases? Are the website's owners allowed to protest, or is this like the U.S.'s “security” letters, where you can't even tell anyone you're being screwed?
(Score: 4, Interesting) by c0lo on Friday September 26 2014, @02:26PM
No, it won't be like with the US security letters.
Yes of course the protest will be allowed... as long as it will happen without communicating the protest to anyone, otherwise one would reveal "information ... [that] relates to a special intelligence operation".
What's the difference you ask? Well, see... the current govt has plans to cut $1b red tape/year [cuttingredtape.gov.au]... so no security letters are required, this is the default.
https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
(Score: 3, Insightful) by bob_super on Friday September 26 2014, @06:29PM
> actually control the content of any [computer] it pleases?
I did not download this child porn your honor, the Australian spy agency put it there to accuse me.
Yes, they actually did it legally. They even left a readme.txt to point it out.
(Score: 4, Interesting) by c0lo on Friday September 26 2014, @02:07PM
My apologies for the haste, but no, it wasn't to be a proper fuck. Seems like the powers are quite virile and:
Cheers, mates, that should be all for this year.
https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
(Score: 1) by ksarka on Saturday September 27 2014, @09:23AM
Hah, no more australians in the U.S.!
Unless they are using some other definition of terrorism..
(Score: 2) by sjwt on Friday September 26 2014, @02:14PM
"The internet poses one of the greatest threats to our existence," said Senator Glen Lazarus..
What the Fuck man... The same kind of threat that the Printing Press, Radio , LP's, Cassettes, TV, VHS, DVD's, Blu Rays.. And lets not forget overpaid sports stars who somehow manage to get elected...
(Score: 2) by c0lo on Friday September 26 2014, @02:34PM
"The series of tube poses one of the greatest threats to our existence".
You know it makes sense! [youtube.com]
https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
(Score: 5, Interesting) by MrGuy on Friday September 26 2014, @02:14PM
The government of Australia is in the process of authorizing its security services to spy on YOU. Yes, YOU, even though you don't live in Australia.
From the second linked article:
And later:
As I read this:
1. ASIO can issue its own warrants
2. Those warrants are valid ANYWHERE on the internet - there's no restriction to computers just within Australia.
3. Blanket warrants are OK.
4. These warrants include not just the right to monitor, but the right to add, modify, or delete data as they see fit.
So, basically, ASIO can do whatever it likes, wherever it likes. It's acting as its OWN OVERSIGHT. And as long as they can get in (via any of numerous exploits), they can monitor your machine at will and change any data they like.
It's time for the rest of us to build a Great Firewall around Australia to keep THEM in.
(Score: 2) by fadrian on Friday September 26 2014, @02:53PM
1. ASIO can issue its own warrants
2. Those warrants are valid ANYWHERE on the internet - there's no restriction to computers just within Australia.
3. Blanket warrants are OK.
4. These warrants include not just the right to monitor, but the right to add, modify, or delete data as they see fit.
On the other hand, if they use these awesome powers to replace illegally downloaded Men At Work songs with those of Nick Cave, the world might be made fractionally better. Or it could be used for dreadful evil - they could replace all illegally downloaded Australian music with that of The Wiggles! The horror! The horror...
And they'll never be stopped! given their location with respect to the International Date Line, they're always a few hours ahead of everyone else!
That is all.
(Score: 0) by Anonymous Coward on Friday September 26 2014, @03:12PM
FTFY
(Score: 4, Insightful) by Anonymous Coward on Friday September 26 2014, @04:17PM
Obviously nobody should ever be held accountable for the contents of their computers/devices as a consequence of this kind of legislation.
It's like publicly announcing that LEOs have the right to plant evidence in people's homes.
(Score: 2) by dry on Saturday September 27 2014, @04:26AM
Since they're the good guys, no judge would ever believe that they would do that, just like a LEO word is better then a regular persons.
(Score: 2) by kaszz on Friday September 26 2014, @05:37PM
Whenever there's something bad on a computer you can now always be sure there's a scape goat in Australia, otoh the rest is probably similar. But it also means that it breaks the basic rule like that if you stay within the law then the law won't mess with you and thus opens up for situations where people might return the favors. The moral map becomes blurred and these organizations can be seen just as any other lowlife.
(Score: 0) by Anonymous Coward on Friday September 26 2014, @11:41PM
What would stop the powers that be to get a warrant such as this in a remote country (i.e. AUS), put child pornography on a political rival's computer in the same country (i.e. somewhere in the US), then have the police (US police) arrest them. Legal, and no way for someone to defend themselves.
Would be a fool-proof way to 'disappear' anyone you like in any western country without even having to get your hands dirty.
(Score: 4, Interesting) by Thexalon on Friday September 26 2014, @02:20PM
Any institution that can be in any way harmed by the spread of information about its activities is an institution that is almost definitely up to no good.
The only exception I can think of to that rule would be military and spying institutions, and then only those things that an enemy that is still fighting hasn't figured out already. For example, I think that basically everything the CIA did to stop the Soviets should be public information at this point, because the USSR hasn't existed for over 25 years, most of the agents involved are retired or dead, and they've taught their techniques to enough people (e.g. muhajadeen fighters, military in oppressive Latin American and Middle Eastern regimes) that anybody who would be inclined to do something with them could find out.
The only thing that stops a bad guy with a compiler is a good guy with a compiler.
(Score: 3, Informative) by SlimmPickens on Friday September 26 2014, @07:13PM
These laws were passed with no time for proper consideration, it was scheduled for one day but it ended up being two, the only amendment of note was no torture. The only voice of reason was the Greens (and one independent).
They've created an environment of fear a few days ago by arresting 16 "terrorists" with a beheading plot. These terrorist were so dangerous that within 24 hours only one wa still in detention. Of course, taking this stance publicly has incited violence within the community that wasn't there a week ago.
They don't even know what they've done, here's the attorney general explaining metadata [soylentnews.org]
(Score: 2, Funny) by novak on Friday September 26 2014, @08:00PM
As a freedom-loving American, I would like to politely ask that you not usurp our job of spying on the entire internet.
novak
(Score: 3, Interesting) by Yog-Yogguth on Friday September 26 2014, @10:39PM
In World's First Digital Coup 5 Eyes Conquer Australia
Because that is what this is: the formalization of the superior authority of 5 Eyes over the country of Australia. From here on elections are completely meaningless: ASIO is the new unelected Australian government for perpetuity without any accountability or possibility of redress. Australia is now a dictatorship ultimately ruled by 5 Eyes, if you control ASIO or can manipulate them into doing what you want then you own Australia.
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