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Australian Police Given Power To Use Spyware

reek writes "An Australian newspaper has reported> that the contentious Surveillance Devices Act has been passed. The act will (according to the article) allow Federal Police to obtain warrants to secretly install spyware onto users computers enabling them to "monitor email, online chats, word processor and spreadsheets entries and even bank personal identification numbers and passwords.""

14 of 450 comments (clear)

  1. what's the big deal? by SoupGuru · · Score: 5, Insightful
    The Surveillance Devices Act allows police to obtain a warrant to use software surveillance technologies

    As long as they need to obtain a warrant first, I don't see the big deal.

    --
    What doesn't kill you only delays the inevitable
    1. Re:what's the big deal? by Shadow+Wrought · · Score: 4, Insightful

      Exactly. As long as due process is followed it is in the same realm as a wire tap or bug. It is when the due process bit is removed that we need to start worrying.

      --
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    2. Re:what's the big deal? by Telastyn · · Score: 4, Insightful

      I was going to post the same thing, until I realised that there's a subtle distinction. Phone tap warrants [to my knowledge] don't actually do anything to the alledged criminal's property. They place the tap at the CO, and listen in. Once the info leaves the ownership of the alledged criminal it's fair game [like their trash].

      Actual property search warrants [to my knowledge] require the alledged criminal to be issued the warrant, and present for the search. The info in the computer though [assuming no internet connection] stays in the computer. Placing a keylogger on the machine without informing the owner seems to be a special circumstance to get around age old search warrant law.

      It'd be much better if it limited the spying to internet connections.

      [disclaimer: I am not austrailian, and I am not a lawyer, some assumptions might be wrong, and render the arguement moot.]

    3. Re:what's the big deal? by penguinoid · · Score: 3, Insightful

      I like how you said when rather than if. I wish that there were something that would stop the government from increasing its power over us, other than the fact that it might piss people off. Its a rather scary trend and I don't see it stopping any time soon, while people keep getting more comfortable with it.

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  2. Re:Someone please tell me... by LiquidCoooled · · Score: 3, Insightful

    I think simply having Linux would make yourself (at least for now) immune.

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    liqbase :: faster than paper
  3. Re:Someone please tell me... by penguinoid · · Score: 3, Insightful

    I think simply having Linux would make yourself (at least for now) immune.

    Please keep in mind that these are the police. They are not some random script kiddy, and would focus much more strongly on your computer. It also means that they probably already got a warrent to search your house and will have physical access to your computer. And my guess is that they will be able to take control of your computer in as much time as it takes to boot (not saying how to not encourage moron kiddies). And since you think your so secure, you wouldn't even think to check.

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  4. Re:Someone please tell me... by pla · · Score: 4, Insightful

    Someone please tell me ... that having software that (knowingly or unknowingly) blocks or removes this spyware isn't a crime...

    Well, of course it would count as a crime! Probably as simple as "tampering with evidence", but it wouldn't surprise me if they invented a special category of crime, over which we have no control, to deal with (for example) AdAware detecting and removing such software.

    But... Why on Earth would you want to remove it?

    Just fake it out, and you have carte blanche to commit whatever crimes you want, with the state's own "evidence" of your whereabouts to clear you at any given time...

    "And how do you suppose my client committed this crime, when your own activity logs show him viewing... Um... homoerotic goat porn??? at the time of the crime?"


    As an aside relating back to my first paragraph, I personally run AntiVir for precisely that reason... As a German company, they treat a US government sponsored virus (such as the FBI's Magic Lantern) the same as any other virus - Namely, they detect it, quarrantine it, and kill it. Unlike both Norton and Mcafee, which have publically stated that they will not detect any virii such as ML.

  5. Re:Well now, by barfy · · Score: 3, Insightful

    Sure, I will take that bet....

    I am willing to bet that less than 1% of those that are surveyed will even be aware of it.

    I am willing to bet, that less that .1% of those that make a decision about what OS they use will make that decision based on whether the government will spy on them.

  6. Re:Someone please tell me... by LiquidCoooled · · Score: 4, Insightful

    If they have a warrant, and access to your computer, what the fuck are they messing around keeping it running for anyway, why haven't they just arrested you?

    There is no secret piece of cross platform software available that can give 100% systeminfo without detection and be transparent to a clued up user.
    There are however 100s of Windows only programs that can get so far inside the backdoor that even goatse is jealous, and STILL not be detected by a user ("Oh it was running a bit slow" they say as you nod slowly and sip your coffee whilst waiting for Adaware to finish its scan.)

    btw, im a Windows user, not Linux - I merely pointed out the usual flaw in the plan.

    --
    liqbase :: faster than paper
  7. What's wrong with the UK and Australia? by LittleLebowskiUrbanA · · Score: 4, Insightful

    Now this spyware issue, the banning ceremonial swords and toy guns, crime rates rising, and the security camera epidemic. How much freedom are the citizens of these countries willing to give up?

  8. Re:Better yet: Run Windows like Linux: Not as Root by hacker · · Score: 3, Insightful
    And exactly how does this prevent someone from monitoring your machine's activities, either locally or upstream remotely?

    Answer: It doesn't.

  9. Re:A Good Thing? by jc42 · · Score: 4, Insightful

    So it's now illegal in the UK to possess a street map of London?

    After all, such a map could be very useful to a terrorist intent on terrorizing some place.

    I was over there a few months back, and I saw lots of street maps for sale at the airport. I wonder if those vendors have been arrested yet?

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  10. Re:A Good Thing? by myowntrueself · · Score: 3, Insightful

    Indeed, the UK has effectively banned all knowledge.

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    In the free world the media isn't government run; the government is media run.
  11. Re:A Good Thing? by ColaMan · · Score: 3, Insightful

    If I forget my passphrase, no matter how pissed the cops ge, it doesn't really make a difference.

    There's this thing called 'contempt of court'.

    Prosecutor : "Well, would you please tell us the passphrase to your files."
    You: "I forgot it (grin)."
    Prosecutor : "But our surveillance shows you opened that file yesterday, and 5 times last week. And yet, you forget?"
    Magistrate : "Defendant, it is obvious that you know your passphrase. Please reveal your passphrase to the court."
    You : "I forget (grin)."
    Magistrate : "Very well. Three months in jail for contempt of court. This session will resume at a later date."

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