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Last week, the Surveillance Legislation Amendment (Identify and Disrupt) Bill was introduced to parliament seeking to give law enforcement increased powers for investigations on the interwebz. A THREAD-
This was introduced quietly, at the end of a (let’s be honest) difficult year, right before Christmas, and while many civil society groups are already busy with a mountain of simultaneous government consultations. https://twitter.com/samfloreani/status/1334706009550376961?s=20
But there’s no way we’re letting this one slip by!
And we’re glad to hear it’s been referred to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) for review - submissions due 12 February!!!
https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/IdentifyandDisruptBill
And we’re glad to hear it’s been referred to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) for review - submissions due 12 February!!!
https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/IdentifyandDisruptBill
This bill contains three new powers for the AFP and ACIC: 
data disruption warrants
account takeover warrants
network activity warrants.
These powers are deeply invasive, so let’s take a closer look!
data disruption warrantsaccount takeover warrantsnetwork activity warrants. These powers are deeply invasive, so let’s take a closer look!
A data disruption warrant would enable the agencies to “add, copy, delete or alter” data on devices. And while it’s called a warrant, there is an emergency authorisation process for cases when “it’s not practicable” to get a warrant. Excuse us?
Account takeover warrants would enable the AFP and ACIC to take control of an account, and to lock the account holder out of it. This can be done covertly and without consent, so the individual wouldn’t necessarily know what is going on until/if they are charged.
Network Activity Warrants allow access to networks where there is suspicion of serious online offences. The desire to “overcome security features like encryption” on this scale makes us wonder what Assistance and Access Act (TOLA) has been doing?
A little reminder at this point--
Encryption is critical in protecting the security and integrity of all our online interactions. It protects the work of journalists, lawyers, political dissidents - and yet it’s under constant threat by the Australian government. https://digitalrightswatch.org.au/2019/09/13/inslm-review-of-the-assistance-access-act/
Hang on, won't this just be for criminal activity?
Invasive powers are passed under the virtuous flag of fighting terrorism or similarly horrific crimes. But the threshold for these warrants is very low.
We have already seen powers such as these used to target activists.
Invasive powers are passed under the virtuous flag of fighting terrorism or similarly horrific crimes. But the threshold for these warrants is very low.
We have already seen powers such as these used to target activists.
Further- the powers would stretch to drug related offences, which already disproportionately target youth, Indigenous people, and People of Colour. These powers threaten to worsen the over-criminalisation of marginalised groups.
Wait, aren’t warrants a good thing?
Yep, warrants are *critical* to ensure proportionality, necessity & accountability for law enforcement. BUT, a data disruption “warrant” can be issued under an emergency authorisation.
Yep, warrants are *critical* to ensure proportionality, necessity & accountability for law enforcement. BUT, a data disruption “warrant” can be issued under an emergency authorisation.
We think it’s pretty cynical to create the illusion of judicial oversight where there is none.
You don’t need to dig deep into the internet archives to find examples of abuses of power by law enforcement. Just look at the undercover policing inquiry in the UK. Surveillance powers have little regard for our rights and liberties.
Remember that these powers would not operate in a silo. They would be part of a much larger system of national security laws which enable surveillance, undermine encryption and encroach on human rights. https://thenewdaily.com.au/life/tech/2020/12/04/surveillance-bill-dutton-australia/
Worried? Make sure you’re subscribed to our mailing list so we can keep you in the loop. We will be taking a closer look at the draft bill as well as making a submission to the PJCIS inquiry. 
Love what we do? We’d always like to work harder and do more - and you can be a part of making that happen! All donations (one time or recurring) go directly to helping us advocate against sh*t legislation like this. https://digitalrightswatch.org.au/donate/
