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reply to ashrc4
Re: Australia won't back away from data retention plan
said by ashrc4:From the GetUp! text of the document (Discussion Paper)...
... Just to clarify are we not seeing the word "software".
I know this is not a draft from the legislation but to manipulate the content of someone's documentation or images would fall outside of this.
Page 10, section 11, para c:
quote:Page 11, Section 17, para a:
Enable the disruption of a target computer for the purpose of a computer access warrant
quote:Page 48, Section 3.2, second and third paragraphs on page:
Using third party computers and communications in transit to access a target computer under a computer access warrant
quote:page 50, Section "Use of third party computers...", third para:
Subsection 25A(5) currently restricts ASIO from doing anything under a computer access warrant that adds, deletes or alters data or interferes with, interrupts, or obstructs the lawful use of the target computer by other persons. This prohibition operates regardless of how minor or inconsequential the interference, interruption, or obstruction may be.
To address this, section 25A could be amended so that the prohibition does not apply to activity proportionate to what is necessary to execute the warrant.
quote:I suppose one could argue that this all only applies to legally forcing the turnover of encryption keys and the interception of data flow to/from the computer of an alleged criminal computer. But it seems to me that terms such as "disruption of a target computer", "using third party computers... to access a target computer", and lifting the prohibition against ASIO of action that "adds, deletes or alters data... of a target computer" all sound like the target computer and its software/data will be allowed to be remotely "messed with" by ASIO. This, coupled with the accusations over the years about ASIO's political agendas, are what I believe raise the concern about the thrust of the discussion paper.
... it may be appropriate to amend the ASIO Act to enable a third party computer or communication in transit to be used by ASIO to lawfully access a target computer.
Obviously, a great deal depends on the independence and judicial integrity of the warrant process, and how effectively it is policed. Perhaps that's no problem in Australia, but I'd not bet that way...
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