10 September date for submissions is inexorably edging closer, and like most other people with other calls on their time than straightening out the government's rough drafts of legislation, I'm still working my way through the bill, and about half way through and after cross referencing the Surveillance Devices Act, it becomes apparent that the scope to grant emergency data retrieval beyond judicial writ is eye widening large, to whit:
Where the bill confers the following power on "authorised officers under the Surveillance Devices Act 2004" *50 After subsection 28(1)* Insert: (1A) A law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for access to data held in a computer (the target computer) if, in the course of an investigation of a relevant offence, the law enforcement officer reasonably suspects that: (a) an imminent risk of serious violence to a person or substantial damage to property exists; and (b) access to data held in the target computer is immediately necessary for the purpose of dealing with that risk; and (c) the circumstances are so serious and the matter is of such urgency that access to data held in the target computer is warranted; and (d) it is not practicable in the circumstances to apply for a computer access warrant. (1B) The target computer may be any one or more of the following: (a) a particular computer; (b) a computer on particular premises; (c) a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known). You'd expect the breath taking reach of these emergency powers to lie in the hands of at least Deputy Commissioners of Police. However authorised officers under the Surveillance Devices Act include the following: 5(c) a senior executive AFP employee the chief officer authorises under subsection (5) 10(c) a staff member of ACLEI who is an SES employee the chief officer authorises under subsection (5) 5(c) a Superintendent or a person holding equivalent rank 10(d) an executive level officer of the Commission whom the chief officer authorises under subsection (5) 15(b) an executive level member of the Staff of the Commission the chief officer authorises under subsection (5) 20executive level member of staff of the Commission (within the meaning of that Act), the chief officer authorises under subsection (5) 22(d) an executive level sworn IBAC Officer (within the meaning of that Act) the chief officer authorises under subsection (5) Kind regards Paul Wilkins On Wed, 22 Aug 2018 at 12:42, <[email protected]> wrote: > And it covers anyone running a website in Australia: > > https://www.afr.com/news/cyber-security-laws-to-cover-all-businesses-angus-taylor-confirms-20180814-h13zdo > > -- > # TRS-80 trs80(a)ucc.gu.uwa.edu.au #/ "Otherwise Bub here > will do \ > # UCC Wheel Member http://trs80.ucc.asn.au/ #| what squirrels do > best | > [ "There's nobody getting rich writing ]| -- Collect and hide > your | > [ software that I know of" -- Bill Gates, 1980 ]\ nuts." -- Acid Reflux > #231 / > _______________________________________________ > AusNOG mailing list > [email protected] > http://lists.ausnog.net/mailman/listinfo/ausnog >
_______________________________________________ AusNOG mailing list [email protected] http://lists.ausnog.net/mailman/listinfo/ausnog
