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Political police will hack into computers

Wide new powers for Australian spy agency

By Mike Head
27 March 1999

Australia's political intelligence agency will be able to hack into
computers via the Internet, plant tracking devices on people and obtain
emergency warrants to enter and search premises under a new Bill introduced
by the Howard government on Thursday. These provisions have serious
implications for free speech and the right to political discussion,
particularly in relation to use of the Internet.

The Australian Security Intelligence Organisation (ASIO) Legislation
Amendment Bill contains other sweeping provisions as well. Introduced with
little publicity, it provides for the greatest expansion of ASIO's power
since the ASIO Act was first passed in 1979. For the first time, ASIO--the
federal government's internal political spy force--will have authority to
collect foreign intelligence, intercept articles delivered by private
couriers as well as Australia Post, and access taxation files.

Some of these measures were first mooted last year, when a leaked
Australian Federal Police document indicated that the government was
planning to use the Sydney 2000 Olympic Games as a pretext for boosting
ASIO. The revamped Bill makes it plain that ASIO's capacity to conduct
pervasive surveillance will be permanent, not specifically tied to the
Olympics.

In the name of protecting the "national security", the Bill gives ASIO
far-reaching powers to retrieve and alter information from any computer or
computer system, including an Internet service provider, regardless of any
state or federal law.

ASIO officers will be empowered to seize data obtained by "remote
access"--commonly referred to as hacking--or by direct physical access to a
computer system under an entry and search warrant. They will be authorised
to crack and modify password control systems and encryption programs,
opening the way for the sabotage of web sites, e-mail facilities and
internal communications systems.

The explanatory memorandum circulated by Attorney-General Daryl Williams
states: "The computer provisions permit the Minister to authorise ASIO to
add, delete or alter data for the purpose of gaining access to data in a
target computer and to do things that are reasonably necessary to conceal
that anything has been done under the warrant. This would include modifying
access control and encryption systems."

Since it was formed by a Labor government in 1949 to crackdown on post-war
political unrest, ASIO has been notorious for harassment, dirty tricks and
frame-ups directed against government opponents and political dissidents,
including socialists. Official hackers will now be in a position to extend
these activities via the Internet.

In an unprecedented move, ASIO will be authorised to install tracking
devices--electronic beacons or even chemical substances--on people or in
vehicles, with or without consent. This opens the possibility of ASIO
maintaining around-the-clock surveillance of targetted individuals.

Other provisions give the ASIO Director General or his delegated officers
power to issue warrants--whether for search and entry, tracking devices or
"remote access" to computers--in so-called emergencies. In the past the
Minister had to approve ASIO search warrants. The new emergency warrants
will last up to 48 hours.

In addition, warrants issued by the Minister will last for an extended
period--28 days, instead of the current 7 days. No other policing agency
can obtain such open-ended warrants. Williams commented: "Unlike law
enforcement agencies, most search warrants issued to ASIO need to be
executed covertly and it may take time for a suitable opportunity to
arise."

No one's banking and tax records will anymore be free from political
monitoring. ASIO will be able to request and use individual and business
taxation and financial transactions data from the Tax Office and the
Australian Transaction Reports and Analysis Centre.

Williams' memorandum reveals that the Sydney Olympics and the subsequent
Paralympics are likely to see a great many people placed under federal and
state surveillance. The Bill will enable ASIO to provide security
assessments directly to state authorities, such as the political police of
Special Branch (now known as the Protective Security Group in New South
Wales), rather than via the federal police. According to Williams, the
change will "simplify administrative processes in the expectation that
State authorities responsible for security arrangements for the Sydney 2000
Games and Paralympics are likely to request large numbers of security
assessments".

Being able to gather foreign intelligence within Australia will widen
ASIO's operations considerably. Until now, it has only been authorised to
do so under special warrants. Foreign intelligence has been the province of
the Australian Secret Intelligence Service (ASIS), the Office of National
Assessments (ONA), the military's Joint Intelligence Office (JIO) and the
electronic eavesdropping agency, the Defence Signals Directorate (DSD).

The penalties for obstructing or interfering with the operations of ASIO
will also be strengthened, by giving courts the power to impose heavy fines
as well as jail terms of up to five years.

By seeking unfettered power to crack open and modify e-mail encryption
codes, the Australian government is going further than its British and
American counterparts. They have sought to use export controls to prevent
the distribution of encryption software, unless national intelligence
agencies were able to read the codes. Some companies, including the makers
of Pretty Good Privacy (PGP), have refused to comply on the grounds that
the First Amendment of the US Constitution outlaws restrictions on free
speech.

The actions of the Howard government are on a par with those of the most
repressive regimes in the world, which have sought to restrict access to
the Internet or develop new techniques to identify and monitor users of the
World Wide Web. Among them is the Stalinist government in China, which
recently placed an Internet provider on trial for "inciting the subversion
of state authority" for supplying Internet addresses to a US-based
dissident publication.

ASIO already has the power to bug phones, instal listening devices in
offices and homes, intercept telecommunications and open people's mail. The
new bid to monitor Internet use underscores the political establishment's
unabiding fear of free and democratic discussion on an international scale.

See Also:
2000 Olympics used to boost political police
[13 May 1998]
British MI5 to gain access to encryption keys
[6 May 1998]



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