Australia passes Orwellian web-trawl laws

Published on the 02/10/2014 | Written by Beverley Head


Access internet

As part of a bid to tamp down terrorist activities Australia has passed legislation which will allow sweeping searches of the internet using a single warrant…

In its undertaking to combat terrorism both at home and abroad, the Australian Parliament has agreed to legislative reforms which allow much broader warrant search provisions.

The Attorney General, Senator George Brandis first outlined the planned reforms in June when he indicated that the new legislation would adopt a series of recommendations made by the Parliamentary Joint Committee on Intelligence and Security.

One of the key changes was a proposal to update the warrant provisions available to the Australian Security Intelligence Organisation (ASIO) such that searches could extend not just to physical computers, but networks of computers, hence the internet.

The changes agreed this week allow for electronic equipment to be operated at the warrant premises to access data, including “data not held at the premises”. No limits have been placed on what can be accessed.

Greens deputy leader Adam Bandt who fiercely opposed the move said that the legislation would allow authorities to access computers or mobile devices, monitor them and even add files.

The Greens attempted to rein in the legislation by proposing an amendment that limited to 20 the number of devices that could be accessed from a single warrant.

That amendment failed, meaning that there are no limits on the number of devices which can be trawled under a single warrant. If a computer owned by a suspected terrorist is connected to the internet, in theory at least, every other device connected to the internet could be searched.

While the practicality of such a measure remains questionable, the legislation technically allows that.

The Government has described the legislative changes as the most important reforms of the ASIO Act since it was enacted in 1979, claiming that they strike “the right balance between ensuring that our intelligence agencies have the capabilities to counter emerging security threats, and protecting the rights and privacy of Australians.”

A further and related Bill which is being drafted to oblige telecommunications and internet service providers to store metadata for two years is expected to be brought before the Parliament before the end of the year.

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