Wed 01 September 2021:
An Australian government law was passed with Labor’s support, providing police unprecedented powers to snoop on criminal suspects online, disrupt their data, and take over their accounts.
The two Australian law enforcement bodies AFP and ACIC will soon have the power to modify, add, copy, or delete your data should you become a suspect in the investigation of a serious crime.
Despite worries about the low bar for who can issue a warrant and the government’s failure to adopt all of the protections proposed by the bipartisan joint committee on intelligence and security, the Senate passed the identify and disrupt bill on Wednesday.
The Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020 (Identify and Disrupt Bill) introduces three new types of warrants that give the Australian Federal Police and the Australian Criminal Intelligence Commission the power to edit and erase data, take over accounts, and spy on Australians suspected of being involved in criminal networks.
These three additional authorities to combat online crime:
- The ability to “disrupt data” by modifying, copying, adding, or removing it is granted by a data disruption warrant.
- A network activity warrant permits the authorities to gather information from devices or networks used or anticipated to be used by those who are the subject of the order.
- Account takeover warrant: permits the police to seize control of an internet account (such as social media) in order to obtain information for an investigation.
On the other hand, the Office of the Australian Information Commissioner (OAIC) previously warned that the new warrant powers could adversely impact the privacy of a large number of individuals – including those with no suspected involvement in criminal activity.
The Australian surveillance bill was heavily criticized by Senator Lidia Thorpe, the Greens spokesperson for Justice:
“The Richardson review concluded that this bill enables the AFP and ACIC to be ‘judge, jury and executioner.’ That’s not how we deliver justice in this country. The bill does not identify or explain why these powers are necessary and our allies in the United States, the United Kingdom, Canada and New Zealand do not grant law enforcement these rights.”
“In effect, this Bill would allow spy agencies to modify, copy, or delete your data with a data disruption warrant; collect intelligence on your online activities with a network activity warrant; also they can take over your social media and other online accounts and profiles with an account takeover warrant.”
(With inputs from agencies)
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