Australian Government Moves to Expand Surveillance Powers
By Rebecca Bowe | EFF | July 17, 2012
Australia is the latest democratic nation to introduce new national security measures that would vastly expand governmental surveillance powers, following an alarming legislative pattern that’s also unfolded in the United Kingdom and Canada in recent months.
Just as EFF sounded the alarm about the UK’s attempt to move forward with a mass surveillance bill and kept the pressure on before Canada’s online surveillance bill was temporarily shelved in the face of an outcry from privacy advocates, we’re ready to join Australians in pushing back against this latest bid for greater online spying powers Down Under.
Last week, Australian Attorney General Nicola Roxon submitted to Parliament a package of proposals intended to advance a National Security Inquiry in an effort to expand governmental surveillance powers. In a 60-page discussion paper, Roxon calls for making it easier for law enforcement and intelligence agencies to spy on Twitter and Facebook users, which would likely be achieved by compelling companies to create backdoors to enable surveillance. The proposals also revive a controversial data retention regime. And an especially problematic proposal would go so far as to establish a new crime: failure to assist law enforcement in the decryption of communications.
The bulleted list of proposed reforms, which Roxon submitted to Parliament’s Joint Committee on Intelligence and Security committee, reflects a wish list of Australia’s intelligence agencies. The discussion paper proposes to revise four laws relating to the surveillance activities of Australia’s six intelligence bodies, at great cost to Australians’ civil liberties. The proposed changes are divided into three categories: those that the government “wishes to progress,” those it’s considering, and those it’s seeking advice on.
On a broad level, the discussion paper makes it clear that intelligence agencies are seeking nothing less than a radical overhaul of Australia’s wiretapping laws.[1] “The magnitude of change to the telecommunications environment suggests that further piecemeal amendments to the existing Act will not be sufficient,” the paper states, in reference to the Telecommunications Interception and Access (TIA) Act of 1979. “Rather, holistic reform that reassesses the current assumptions is needed in order to establish a new foundation for the interception regime that reflects contemporary practice.”
If approved, the revisions would amount to what the Sydney Morning Herald characterized as “the most significant expansion of the Australian intelligence community’s powers since … reforms following the terrorist attacks of 2001.” A readers’ poll that accompanied the article showed that 96 percent of respondents were opposed to any plan that would force telcos to store telephone and Internet data.
“These proposals are one of the biggest threats to the privacy of all Australians for many years,” said Nigel Waters, of the Australian Privacy Foundation and Privacy International. “Governments seem to have an insatiable appetite for more and more information about us all that is none of their business, and when history shows that they can’t make effective use of the intelligence they already collect.”
Concerned citizens have only until August 6 to weigh in on Roxon’s initial package of reforms. To have your say, go here.
The Return of Mandatory Data Retention
The proposed “OzLog” mandatory data retention policy, which Parliament rebuffed in May, sought to require Australian Internet service providers to store information about each and every individual’s web usage history for two years. EFF has been mounting resistance to mandatory data retention policies since before the European Union’s 2006 adoption of the highly controversial Data Retention Directive, and we continue to sound the alarm when similar proposals arise.
The attorney general’s paper references a “tailored” data retention scheme, which would nevertheless require providers to store data for a full two years.[2] As a point of comparison, the European Union Data Retention Directive — which has not been universally adopted and Courts in in Germany and the Czech Republic have declared unconstitutional — requires data storage lasting just six months, with the possibility of an increase to two years in certain cases.
Data retention was included under the category of proposals the attorney general is “seeking advice” on, suggesting that it might not be politically tenable to charge ahead with the controversial measure with the same zeal as before. It was the inclusion of this agenda item that drew the strongest initial responses to the proposal.
“This inquiry will likely be used to again expand the powers of spy agencies when Australians are already under a phenomenal amount of government surveillance,” said Senator for Western Australia Scott Ludlam, Australian Greens communications spokesperson. “This extreme proposal is based on the notion that all our personal data should be stored by service providers so that every move we make can be surveilled or recalled for later data mining. It comes from a mindset that imagines all Australians as potential criminal suspects, or mindless consumer drones whose every transaction should be recorded and mapped.”
Sounding a similar note, Rodney Serkowski of the Australian Pirate Party also seized on data retention as one of the most odious proposals. “It is not possible for the government to adequately ensure that the vast databases of highly personal data would not be at risk or subject to abuse of third parties,” he wrote in an email. “Indiscriminate data retention, as opposed to judicially sanctioned, targeted surveillance of a specific person for specific reason, is incompatible with human rights, and should never be considered legal or legitimate.”
New Rules for ISPs and Telecoms
The proposal would broaden online surveillance powers for Australia’s intelligence and law enforcement agencies by compelling Internet companies to make it easier for authorities to conduct digital eavesdropping efforts.[3] “The exclusion of providers such as social networking providers and cloud computing providers creates potential vulnerabilities in the interception regime that are capable of being manipulated by criminals,” the discussion paper states. “Consideration should be given to extending the interception regime to such providers to remove uncertainty.”
Yet another proposal would sacrifice the privacy of law-abiding citizens for the sake of zeroing in on criminal suspects. It calls for allowing intelligence officials to tamper with a computer belonging to an uninvolved third party who is not under investigation in order to access a targeted computer.[4]
To justify the dramatic expansion of surveillance powers, the discussion paper attempts to portray the intelligence agencies as helpless, claiming that a revolution in communications technology has rendered existing wiretapping laws outmoded and inadequate.[5] “Substantial and rapid changes in communications technology and the business environment are rapidly eroding agencies’ ability to intercept,” the paper states. “Adapting the regime governing the lawful access to communications is a fundamental first step in arresting the serious decline in agencies’ capabilities.”
No New Surveillance Powers Needed
A radical expansion of police surveillance powers is not the answer. This proposal poses a serious threat to online privacy and it’s important to keep the pressure on, just as Canadian privacy advocates pushed back against a similar bill. The revisions floated in Australia’s National Security Inquiry should be met with stiff resistance from Internet users everywhere.
“These proposed changes, if implemented in their entirety, would appear to amount to a massive expansion of surveillance activity across the entire community, accompanied by a corresponding reduction in accountability for that surveillance activity, and are therefore a potentially significant threat to the civil liberties and privacy of all Australians,” Jon Lawrence of Electronic Frontiers Australia wrote in a recent blog post.
Bill Rowlings, CEO of Civil Liberties Australia, said the Australian Government seems to have found the straw that might break the back of the growing trend towards excessive surveillance in Australia. “People – your average Joe – are at last waking up that free speech and privacy matter, and are worth fighting for,” Rowlings said. “The ‘Arab Spring’ in the West might well be fought over such freedoms, rather than freedom of association, as in the Middle East.”
Stay tuned as EFF continues monitoring this proposal.
[1] “Equipping Government Against Emerging and Evolving Threats: A Discussion Paper to Accompany Consideration by the Joint Committee on Intelligence and Security of a package of National Security Ideas Comprising Proposals for Telecommunications Interception Reform, Telecommunications Sector Security Reform and Australian Intelligence Community Legislation Reform,” Australian Government Attorney General’s Department, pp. 17
[2] ibid., pp. 10
[3] ibid., pp. 27
[4] ibid., pp. 11
[5] ibid., pp. 23
Related articles
- Every click you make, they’ll be watching (theage.com.au)
- Spies want our net data (theage.com.au)
- Government unveils huge wishlist of new surveillance powers (crikey.com.au)
- Down Under-surveillance: Australian govt seeks confidential online data (rt.com)
House Quietly Reintroduces a Piece of SOPA
By Adi Kamdar | EFF | July 11, 2012
Even after millions rallied against the passage of SOPA/PIPA, the House is still quietly trying to pass a related bill that would give the entertainment industry more permanent, government-funded spokespeople. The Intellectual Property, Competition, and the Internet Subcommittee of the House Judiciary Committee recently held a hearing on Lamar Smith’s IP Attaché Act (PDF), a bill that increases intellectual property policing around the world. The Act would create an Assistant Secretary of Commerce for Intellectual Property, as well as broaden the use of IP attachés in particular U.S. embassies. (The attachés were notably present in Sec. 205 of SOPA—which was also introduced by Smith.)
The major issue with this bill—and all similar bills—is that the commissioning of people in the executive branch who are solely dedicated to “intellectual property enforcement” caters to Big Content. The IP attachés are charged with “reducing intellectual property infringement” and “advancing intellectual property rights” around the world, but not to critically engage IP complexities and limitations. From our perspective, this bill is nothing more than the government giving Hollywood traveling foot soldiers.
The presence of people with such a narrow cause as “intellectual property enforcement” fosters a single perspective in the federal government. In an environment where the deep-pocketed copyright lobby is pushing through favorable legislation on both a domestic and international level, this is the last thing we need. As Techdirt and Public Knowledge rightly state: trying to squeeze bits of SOPA past the people—the same people who rejected the bill earlier this year—is an awful idea.
Related articles
- SOPA Critics Cry Foul Over IP Attache bill (techdailydose.nationaljournal.com)
- SOPA Lives! New Bill Seeks to Resurrect Expansion of IP Enforcement Powers (readwriteweb.com)
- SOPA architect now pushing for “IP Attaché” legislation (arstechnica.com)
- Lamar Smith Looking To Sneak Through SOPA In Bits & Pieces, Starting With Expanding Hollywood’s Global Police Force (informationliberation.com)
Egypt’s military council to hold 2nd meeting on Morsi’s decision
Police have surrounded the area around the parliament
Press TV – July 9, 2012
Egypt’s Supreme Constitutional Court is expected to decide in a meeting on President Mohamed Morsi’s order to reconvene the dissolved parliament.
Shortly after the announcement of Morsi’s order on Sunday, the Supreme Council of the Armed Forces (SCAF) held an emergency meeting, but it did not take any concrete action.
The military authorities are set to convene once again to discuss the consequences of the decree by the newly-elected president.
The Egyptian president ordered the country’s dissolved parliament to resume its legislative work, rejecting the Egyptian Supreme Constitutional Court’s ruling that said the country’s parliamentary elections about 7 months ago were unconstitutional.
The Egyptian president also called for holding new parliamentary elections within 60 days of the ratification of the new constitution for the North African state.
Protests have been going on since the junta dissolved the country’s parliament dominated by the Muslim Brotherhood.
Egypt’s junta also took control of the state budget and gave itself veto power on a new constitution, making the new president almost powerless through a recent constitutional declaration.
Despite Morsi’s calls for resumption of parliament’s legislative work, police have surrounded the area around the parliament , making the entrance to the parliament building almost impossible for lawmakers.
Related articles
- Morsi reinstates Egypt’s dissolved lower house; SCAF holds emergency meeting (alethonews.wordpress.com)
FBI Prepares Billion-Dollar Iris Recognition Database
By Matt Bewig | AllGov | July 08, 2012
With at least 30 million surveillance cameras watching Americans every day, one aspect of the world of George Orwell’s dystopian novel 1984 has already come to pass, and more is on the way. In the next two years, for example, the FBI plans to test a nationwide database for searching iris scans to more quickly identify persons “of interest” to the government. The human iris, which is the doughnut-shaped, colored part of the eye that surrounds the black pupil, exhibits a pattern unique to each individual, just as fingerprints do, and iris recognition has been a staple of science fiction stories and films for years.
Iris scanning is part of the FBI’s Next-Generation Identification system, a multiyear $1 billion program built by Lockheed Martin and already well underway for several years, which will expand the FBI’s server capacity to allow for rapid matching not only of iris scans, but also of additional physical identifiers, such as fingerprints, palm prints and facial images. The FBI intends to test the system in conjunction with prisons, some of which already use iris scans to track prisoners and prevent mistakes of identification. According to the FBI, the time for urgent criminal fingerprint searches will eventually be reduced from 2 hours to 10 minutes, while the use of iris scans and other markers should ensure greater accuracy.
Although privacy advocates have little criticism of the use of iris scanning in correctional settings, the fact that the FBI and state prison officials are using a database owned and maintained by a private corporation, BI2 Technologies, gives many pause. Jennifer Lynch, a staff attorney at the digital rights group Electronic Frontier Foundation, points out that privately-run databases, including well-encrypted ones at banks and other financial businesses, have experienced serious data breaches exposing private customer information, and that leaks of fingerprints or iris scans would be potentially much more serious. “You can change your credit card data. But you can’t change your biometric data.”
And in light of the fact that the New York Police Department, in cahoots with major Wall Street banks and finance firms, used security cameras to identify Occupy Wall Street protesters, suspicions that iris scans might be used to target non-criminals who are disliked by powerful cannot be dismissed out of hand.
Related articles
- Biometric data blows up (salon.com)
- Face to face with online privacy concerns (sfgate.com)
Israel convicts journalist for disclosing assassinations
Al Akhbar | July 5, 2012
An Israeli journalist who drew on leaked army documents to report the deliberate assassinations of Palestinian leaders was convicted on Thursday, but spared jail time in a plea bargain.
Uri Blau of Haaretz newspaper will do four months community service after confessing to reduced charges of possessing classified information without authorization but “with no intent to harm national security,” Israel’s State Attorney’s Office said in a statement.
Prosecutors had earlier stated Blau could face more serious espionage charges. That provoked protests from journalists who argued Israel’s reputation for media freedom was at stake.
Blau reported in 2008 that top army officers in the occupied West Bank had given shoot-to-kill orders to troops chasing Palestinian gunmen.
The front-page story was based on documents given to Blau by former army conscript Anat Kamm, who had downloaded them, and hundreds of others, from her computer while a clerk with the military’s high command.
Kamm was jailed for four and a half years in October under a separate plea bargain.
Human rights groups have criticized Israel’s policy of assassinating Palestinian leaders since the early days of a Palestinian uprising in 2000.
Haaretz said charging Blau was “unfortunate and sets a precedent in terms of its ramifications on the freedom of press in Israel, and especially on the ability to cover the security apparatus.” Other Israeli journalists echoed the condemnation.
Blau’s plea bargain is subject to formal approval by Tel Aviv District Court.
A recent Reporters Without Borders study ranked Israel 92nd out of 179 countries in terms of press freedom, behind countries such as Congo, Kenya and Serbia.
Related articles
- Israeli Government to Prosecute Uri Blau for Espionage (richardsilverstein.com)
‘ACTA defeat a huge victory for online freedom & democracy’
RussiaToday | July 4, 2012
The European Parliament has rejected ACTA, a controversial trade agreement, which was widely criticized over its likely assault on internet freedoms. Supporters of the treaty suggested postponing the crucial voting at the Parliament plenary on Wednesday, but members of the parliament decided not to delay the decision any further. MEPs voted overwhelmingly against ACTA, with 478 votes against and only 39 in favor of it. There were 146 abstentions.
Related articles
Three NSA Whistleblowers Back EFF’s Lawsuit Over Government’s Massive Spying Program
EFF Asks Court to Reject Stale State Secret Arguments So Case Can Proceed
EFF | July 2, 2012
San Francisco – Three whistleblowers – all former employees of the National Security Agency (NSA) – have come forward to give evidence in the Electronic Frontier Foundation’s (EFF’s) lawsuit against the government’s illegal mass surveillance program, Jewel v. NSA.
In a motion filed today, the three former intelligence analysts confirm that the NSA has, or is in the process of obtaining, the capability to seize and store most electronic communications passing through its U.S. intercept centers, such as the “secret room” at the AT&T facility in San Francisco first disclosed by retired AT&T technician Mark Klein in early 2006.
“For years, government lawyers have been arguing that our case is too secret for the courts to consider, despite the mounting confirmation of widespread mass illegal surveillance of ordinary people,” said EFF Legal Director Cindy Cohn. “Now we have three former NSA officials confirming the basic facts. Neither the Constitution nor federal law allow the government to collect massive amounts of communications and data of innocent Americans and fish around in it in case it might find something interesting. This kind of power is too easily abused. We’re extremely pleased that more whistleblowers have come forward to help end this massive spying program.”
The three former NSA employees with declarations in EFF’s brief are William E. Binney, Thomas A. Drake, and J. Kirk Wiebe. All were targets of a federal investigation into leaks to the New York Times that sparked the initial news coverage about the warrantless wiretapping program. Binney and Wiebe were formally cleared of charges and Drake had those charges against him dropped.
Jewel v. NSA is back in district court after the 9th U.S. Circuit Court of Appeals reinstated it in late 2011. In the motion for partial summary judgment filed today, EFF asked the court to reject the stale state secrets arguments that the government has been using in its attempts to sidetrack this important litigation and instead apply the processes in the Foreign Intelligence Surveillance Act that require the court to determine whether electronic surveillance was conducted legally.
“The NSA warrantless surveillance programs have been the subject of widespread reporting and debate for more than six years now. They are just not a secret,” said EFF Senior Staff Attorney Lee Tien. “Yet the government keeps making the same ‘state secrets’ claims again and again. It’s time for Americans to have their day in court and for a judge to rule on the legality of this massive surveillance.”
For the full motion for partial summary judgment:
https://www.eff.org/document/plaintiffs-motion-partial-summary-judgment
For more on this case:
https://www.eff.org/cases/jewel
Contacts:
Cindy Cohn
Legal Director
Electronic Frontier Foundation
cindy@eff.org
Lee Tien
Senior Staff Attorney
Electronic Frontier Foundation
tien@eff.org
New Senate Cyber Bill No Better Than Last Version
By Michelle Richardson, Legislative Counsel, ACLU | July 2, 2012
Yesterday, Republican Senators introduced a rewrite of their cybersecurity bill, known as SECURE IT. Advocates registered their opposition to the bill last month and its CISPA-like expansion of military authority to collect sensitive information on Americans’ internet use.
Despite claims the contrary, the new bill has not been substantially amended and still does not meaningfully limit the amount or type of information that the government can collect from companies that hold very private and personal data. Most importantly,
• SECURE IT still allows companies to give sensitive American information directly to the National Security Agency and other military agencies. The ACLU has long argued, and even the Obama administration agrees: domestic cybersecurity programs must be run by civilian agencies.
• The bill lacks any requirement that companies first remove personally identifiable information unrelated to cybersecurity from what they share with each other or the government. That’s right – companies that have access to what we buy, what we read, and where we go don’t even have to attempt to suppress identifying information.
• SECURE IT-collected information can be used by the government not only for cybersecurity purposes, but for undefined national security purposes and to prosecute a long list of crimes unrelated to cybersecurity.
Senate Majority Leader Harry Reid has promised cybersecurity will be brought to the floor in July. So it looks like we’ll see a vote in the next few weeks. Now’s the time to contact your Senators and tell them to vote against any legislation that lets the government start cyber spying!
Related articles
- Senate ready to move on cybersecurity legislation (blacklistednews.com)
- The Disturbing Privacy Dangers in CISPA (alethonews.wordpress.com)
UC Berkeley to use federal funds to purchase $200,000 ‘armed personnel carrier’
By Josiah Ryan | Campus Forum | June 29, 2012
The University of California – Berkeley Police Department (UCPD) has acquired a $200,000 grant from the Department of Homeland Security to purchase an “Armored Response Counter Attack Truck,” a police department spokesman told Campus Reform on Friday.
The eight-ton vehicle, commonly referred to as a “Bearcat,” is used by U.S. troops on the battlefield and is often equipped with a rotating roof hatch, powered turrets, gun ports, a battering ram, and a weapon system used to remotely engage a target with lethal force.

Lt. Eric Tejada, a spokesman for UCPD, said the university plans to use the vehicle along with neighboring counties in dangerous situations that could involve heavy weapons.
Tejada said that although he does know of any incident in the university’s 144-year history in which such a vehicle would have saved a life, the police department would have liked to deploy it in an incident last year when they mistakenly believed a man had an AK-47 assault rifle.
University of Virginia Professor Dewey Cornell, an expert in violence prevention and school safety, told Campus Reform on Friday that with approximately 4800 four-year colleges in the U.S., and an average of 10 homicides per year on college campuses, the average college can expect a homicide about once every 480 years.
“With all we hear we hear about the federal deficit it’s a shame there is money available for things like this but not for prevention,” said Cornell. “If a university has to resort to a Bearcat that means there is a failure somewhere else.”
A June 19 log of a Berkeley City Council meeting, however, suggests that that UCPD also intends to use the vehicle for “large incidents” including university sporting events and an annual street festival called the Solana Stroll.
The tactical working group of which the UCPD is a member said “the armored vehicle is needed for ‘large incidents’ such as CAL games and the Solano Stroll,” notes the meeting meetings minutes.
The grant was obtained under the DHS’s Urban Areas Security Initiative. The vehicle will be shared with two neighboring jurisdictions and likely will not be stored on UC-Berkeley’s campus, said Tejada.
Follow the author of this article on twitter: @JosiahRyan

