Police given computer spy powers http://smh.com.au/news/National/Police-given-computer-spy-powers/2004/12/12/1102786954590.html ("smhguy/pass" to access)
By Rob O'Neill December 13, 2004 Federal and state police now have the power to use computer spyware to gather evidence in a broad range of investigations after legal changes last week. The Surveillance Devices Act allows police to obtain a warrant to use software surveillance technologies, including systems that track and log keystrokes on a computer keyboard. The law applies to the Australian Federal Police and to state police investigating Commonwealth offences. Critics have called the law rushed and imbalanced, saying police will be able to secretly install software to monitor email, online chats, word processor and spreadsheets entries and even bank personal identification numbers and passwords. Irene Graham, executive director of watchdog Electronic Frontiers Australia, said the law went too far in allowing police surveillance. "The legislation has been passed without the proper scrutiny and the ALP is too afraid to stick to their guns and oppose it," she said. Ms Graham also believed the act could override parts of the Telecommunications Interception Act, which tightly regulated telecommunications monitoring. AdvertisementAdvertisement A spokesperson for the federal Attorney-General, Philip Ruddock, denied this, saying the act specifically said it should not be read to override the Telecommunications Interception Act. The spokesperson said there were protections in the legislation, including reporting to Parliament and allowing reviews by the Ombudsman. In addition to redefining the kinds of surveillance devices that can be used, the Surveillance Devices Act allows surveillance for offences far less serious than those allowed under the Telecommunications Interception Act. Warrants to intercept telecommunications can only be obtained to investigate offences carrying a maximum jail term of seven years or more. However, Surveillance Devices Act warrants can be obtained for offences carrying a maximum sentence of three years. Ms Graham said the three-year benchmark was too low and the act went too far in setting out circumstances in which police could use surveillance devices. A warrant could be obtained under the act if an officer had reasonable grounds to suspect an offence had been or might be committed and a surveillance device was necessary to obtain evidence. They can also be obtained in child recovery cases. The act also has secrecy provisions making it an offence to publish information on an application for, or the existence of, a surveillance warrant. The Government said the act would consolidate and modernise the law. Mr Ruddock said the power of Commonwealth law enforcement using surveillance devices lagged behind what technology made possible and what was permitted in other jurisdictions. However, Electronic Frontiers is concerned that key-logging software can even record words written and then deleted or changed and thoughts that are not intended for communication.
