New law allows for warrantless spying on Australians?
Posted by freedomforall 2 years, 4 months ago to Politics
Excerpt:
"The Australian Signals Directorate, Canberra’s equivalent of Britain’s GCHQ or the US National Security Agency, will be granted sweeping new powers to spy on Australians for the first time since its November 1947 founding.
The move allows the agency to collect signals intelligence on individuals within the country without a warrant, although allegedly only in situations where there is an “imminent risk to life.” Domestic terror suspects are cited as a key target in the Directorate’s crosshairs, and it will also collect intelligence in conjunction with the Australian Defence Force for military operations, with ministerial authorization.
...
Leaked documents exposed by journalist Annika Smethurst in April 2018 showed that high-level plans for untrammeled domestic spying by the Australian Signals Directorate date back even further. They revealed how the respective heads of Australia’s Defence and Home Affairs ministries had discussed allowing the agency to access citizens’ emails, bank records and text messages without approval, or trace. A government source told Smethurst they were “horrified” by the proposals, given “there is no actual national security gap this is aiming to fill.”
Australian Federal Police raided both the alleged leaker of the files and Smethurst the next year. In a perverse irony, the charges against her were dropped in May 2020, as Australian High Court judges unanimously ruled that the warrant secured from a magistrate in relation to the raid was invalid, because it not only “misstated the terms of the offence” but was also ambiguous if not outright absurd.
“[The warrant] lacked the clarity required to fulfil its basic purposes of adequately informing Smethurst why the search was being conducted and providing the executing officer and those assisting in the execution of the warrant with reasonable guidance to decide which things came within the scope of the warrant,” the High Court damningly concluded. In other words, it was impossible to know from the warrant’s wording what the investigation actually concerned, what evidence or information was sought, and what, if any, crime she may or may not have committed. That this baseless and broad investigative authorization was formally granted at all renders the Directorate’s newfound power to conduct warrantless surveillance all the more disquieting. If such procedural perversion can occur even with putative oversight, what abuses will be engaged-in without any meaningful supervision?"
"The Australian Signals Directorate, Canberra’s equivalent of Britain’s GCHQ or the US National Security Agency, will be granted sweeping new powers to spy on Australians for the first time since its November 1947 founding.
The move allows the agency to collect signals intelligence on individuals within the country without a warrant, although allegedly only in situations where there is an “imminent risk to life.” Domestic terror suspects are cited as a key target in the Directorate’s crosshairs, and it will also collect intelligence in conjunction with the Australian Defence Force for military operations, with ministerial authorization.
...
Leaked documents exposed by journalist Annika Smethurst in April 2018 showed that high-level plans for untrammeled domestic spying by the Australian Signals Directorate date back even further. They revealed how the respective heads of Australia’s Defence and Home Affairs ministries had discussed allowing the agency to access citizens’ emails, bank records and text messages without approval, or trace. A government source told Smethurst they were “horrified” by the proposals, given “there is no actual national security gap this is aiming to fill.”
Australian Federal Police raided both the alleged leaker of the files and Smethurst the next year. In a perverse irony, the charges against her were dropped in May 2020, as Australian High Court judges unanimously ruled that the warrant secured from a magistrate in relation to the raid was invalid, because it not only “misstated the terms of the offence” but was also ambiguous if not outright absurd.
“[The warrant] lacked the clarity required to fulfil its basic purposes of adequately informing Smethurst why the search was being conducted and providing the executing officer and those assisting in the execution of the warrant with reasonable guidance to decide which things came within the scope of the warrant,” the High Court damningly concluded. In other words, it was impossible to know from the warrant’s wording what the investigation actually concerned, what evidence or information was sought, and what, if any, crime she may or may not have committed. That this baseless and broad investigative authorization was formally granted at all renders the Directorate’s newfound power to conduct warrantless surveillance all the more disquieting. If such procedural perversion can occur even with putative oversight, what abuses will be engaged-in without any meaningful supervision?"
Or what that Australian control freak fascist government demands of all their citizens.