Aussie Cops Want Powers To Search Any Computer
goatherder23 writes in with news that the New South Wales cabinet has proposed new powers for police to search computers anywhere under a search warrant, and adds: "The Four Horsemen of the Infocalypse are invoked to explain why police need the new laws, which have yet to be introduced into Parliament. Would someone please explain to them before this happens that all computers on the Internet are "networked" and that some computers may be found outside NSW (or even Australia)?" "Police Minister David Campbell says police are currently only able to search computer hardware found on a premises named in a search warrant. He says with the changes, they will be able to go a step further and search other networked computers, regardless of where they are located. 'What we know is that there are organized crime gangs who use the Internet and other forms of technology to hide their crimes,' he said."
Any organized crime syndicate worth their weight is going to understand how to encrypt data and use hidden volumes. With the seven day limit, that only allows for a cursory search and not the kind of in depth forensic combing it would take to actually find actionable data. So in the end, the only people actually harmed of it are ordinary citizens who are having their rights abused by heavy handed searches.
I got a catholic block.
I expect that the "War on Data" will be as effective as the "War on Drugs", War on Terror", and "War on Poverty" have been. In other words, very successful at giving the state more control, more jobs, and more opportunities for corruption. Discuss...
for domestic networks: yes. for over-seas networks: yes and no. yes for allied countries, no for hostile nations
If people can get past, can they get future? Best way to confuse a stoner
So, if there's a cable modem / DSL in use when the computer is searched the entire subnet could be searched? How about the web servers of sites displayed in a browser?
How do these new regulations define "networked"?
A Human Right
So. If I understand this correctly, the newest addition to the curriculum of the police school will be:
Intahwebs Hacking 101: How to break into networked computers for dummies.
I don't quite get this bill, to be honest. There is almost never a fully open continuous connection between networked computers to begin with, and I seriously doubt that any sort of crime syndicate would be so stupid as to share directories over the internet or something equally dumb.
So the only thing I can possibly think of is them trying to hack into machines that have been/are connected to the machine they have physical access to, and I'm sure that'll be protested by every privacy and civil liberty organisation in existance.
This is what you get if you let people with absolutely 0 knowledge about how things work (other than from a buzzbingo chart) make laws and or decisions about technology.
Sad, really...
Coz eternity my friend, is a long *ing time.
Well, you can always move to the United States.
you know, the more i think about this story, the more i realize that a global police/government force is almost necessary in our times. defining an act as legal/illegal solely based on physical location is, by and large, nonsensical.
sure, there are proximity crimes, but i'm talking about something unrelated to location. theft, for instance.
we can prosecute you if you steal while standing here, but we cannot prosecute you if you steal while you are standing there.
something is broken.
(and do they have probable cause laws?)
IOW, they still have to prove their case before they can start poking about, yes?
(and now more than ever, we really need some tech-savvy law types to get their asses into judicial positions, no matter which country we're talking about...)
Quo usque tandem abutere, Nimbus, patientia nostra?
I am not familiar with Australian laws.. are investigators allowed to search any part of a drive searching for data that might be incriminating? And if they find unrelated illegal data, is it submittable in court, or possibly as a new case? For example, John Smith has his computer seized for suspicion of fraud, and they find child porn on the computer. Can he be arrested/tried for possession/distribution of child porn? And wouldn't this law allow investigators to search/seize anyone this guy has connected to in search of child porn? How big is the scope of this law?
bla
I count three:
1. terrorism (boogedy-boogedy!)
2. kiddie pr0n (think of the children!)
3. fraud (oh no, my precious inbox is filled with spam!)
What's number four?
It might cause people to finally take computer security seriously. After all, an Australien cop breaking into a, say, Swiss computer, is just a criminal hacker and needs to be repelled. Methods for this are the usual: Firewalls, NAT, AV software, intrusion detection sytems and keeping your patches up to date.
Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
I guess it's worth noting that the law was just proposed, not actually passed. You could fill up a million pages on slashdot just with all the stupid bills governments all over the world table every day. So this is just playing on our guilty pleasure of ragging on any possibility of a law that would infringe on our rights, however unlikely they'll ever get passed.
I have nothing compelling to say
Dumb crooks don't.
If you want to catch crooks who use encryption, toll the statute of limitations until the technology catches up with the encryption. If Guidowski the Italian-Russian mobster encrypts his stuff using standard public-key encryption, it will be breakable with quantum computers within 10-20 years.
On the other hand, if he has access to quantum encryption, you probably have bigger worries than a few bodies in cement boots.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
Of course, for that is the real goal. What you are seeing are individual battles in the war on limits of government power. Every government, once formed, takes on a life of its own and seeks to increase authority, power and influence at the expense of personal liberty. Sadly, it is the natural order of things and the history books are rich with examples.
Government power is like acid. It will eat away at the vessel that contains (no matter how well constructed, see the American Constitution for example) it until it escapes. It will destroy those in its path.
I'm only an amateur student of history, but I am not aware of any instance where a government, once empowered, has relinquished those powers without force.
I know that quote was cherry-picked from the article because it's so ridiculous, but really... people should make certain that the person publically commenting on programs knows what they are talking about and can express their FUD in a way that makes sense to both Joe Oilcan and the techies.
"Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
...And their government to deny?
Or is it wrong that the police even asks.
I don't think they should be made responsible of analyzing the full ramifications of what they see as a chance to apply the law. Let them ask and politely deny the obviously idiotic proposition.
Criminals also use roads and sidewalks, therefore when searching a property for criminal activity all properties connected by roads or sidewalks to the suspect property should be searched as well.
Beta sux! Join the Slashcott! http://hardware.slashdot.org/comments.pl?sid=4760465&cid=46173047
right to search networked computers, not only the computers found on site.. in 99.9% of the cases these computers are connected to the intertubes, thus making the computers they'd be allowed to search spread pretty much over the entire world. And speaking of intertubes, i wouldn't be surprised if US States Senator Ted Stevens agreed with it. O.o
this is probably the most boring sig in the world
The only solution to all these jurisdiction problems related to the internets everyone seems to be having is to introduce an all new international authority that only deals with the internets and has jurisdiction online and only online. It would make sure everyone is kept safe and it would not answer to any one government.
You know, sort of like Haag, but for the internet. What d' you think?
I always thought that the US had cornered the stupid politician market, but I see that Australia & the UK are not to be outdone by our lawmaker's base ineptitude.
There is a war going on for your mind.
You'd expect that from a prison colony wouldn't you? :)
The proposed legislation giving us X-ray Mind-Reading Super Powers will permit us to find out when people are thinking Bad Thoughts, anywhere! Criminals should give themselves up now!
Cop: "Yer unner arrest."
Perp: "What for? I haven't done anything."
Cop: "Dis machine here says you wuz gonna."
Perp: "You got me. It's a fair cop."
Any sufficiently advanced technology is insufficiently documented.
Before today you would have thought "Government Seeks Warrant to Search the Internet" was a headline from The Onion.
Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
Read The Fucking Summary. Thank you.
Or, if you still don't get it: The laws have been proposed, not passed. There's still the chance that parliament will figure out the implications and reject the law, in favor of sanity.
Don't thank God, thank a doctor!
but I am not aware of any instance where a government, once empowered, has relinquished those powers without force.
Gandhi? of course you all know the reason they teach about Gandhi, it's to show you that there's another way except force that worked well once, so there's no need for you to get up in arms against the government if Gandhi didn't have to.
thank God the internet isn't a human right.
To whoever tagged this article "iwantapony": Sheer genius, sheer genius.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
sounds like fun if the relevant cop can be identified - that's begging for arrest-at-the-airport if they go on holiday to the US having hacked into a computer there.
FGD 135
I have difficulty with this because one is forced to between two evils... or, one ever-present evil, and one potential and deadly evil... namely, crime vs. oppression. If you bind the bonds of law enforcement too tightly, then crime will be able to run circles around 'em ... but with power comes temptation, and we've all seen a lot of abuses of power lately (not to mention, historically.) It should go without saying that with authority and power comes greater responsibility and accountability. Except, it doesn't seem to go without saying, does it?
I guess I would say, perhaps in accordance with the concept of FISA court, do what you have to do... but then submit yourself for judgement when all is said and done. Be the penalty upon you for abuse of power be greater than the penalty upon he who who you would use it to persue. It's an idea.
some computers may be found outside NSW
I think you missed a consonant there. "outside not safe work" doesn't even make any sense.
sudo ergo sum
Police are lazy and want cases to solve themselves. Politicians are crooked and want to keep their "jobs" so they'll pull all kinds of shady shit and sell it to the sheep as "protecting them" so they can go about buying iPods and spending more than they make.
No sig for you!!
Get a warrant for one computer, get a warrant for all computers worldwide that happen to be on the Internet.
.gov sites, thepiratebay, or MSN Hotmail? This isn't going very far. It attempts to reach globally outside their jurisdiction which is where it falls apart.
Not a problem. They are free to search any internet connected computer on the internet now. Most will display public web pages and login pages. Going beyond the internet connected public space and trying to intercept encrypted content will be a problem with any and all protected content servers such as any e-commerce, and DRM content site.
Think iTunes will let them in? how about Amazon,
The truth shall set you free!
All it takes is one police officer seizing the hard drive of a politician whom he thinks is guilty of a crime because "it was networked with this other suspect's computer via the Internet" and threatening to seize other politicians' hard drives because they were networked with the first politician's computer.
That's one reason I'm surprised so many politicians here in the US support George Bush's warrantless wiretapping -- what exactly do they believe prevents him from ordering the FBI/CIA/NSA/etc. to wiretap them (and throw anyone who divulges the wiretapping into Guantanamo forever) or the next President from doing the same?
One begins to wonder what, exactly, would happen with all of the information that they gather from distant computers. Do the cops in question even have jurisdiction? Do the courts? Would Australian rules of evidence make any of this admissible?
It seems like the law would serve more to justify blackmail and harassment than to generate legitimate evidence. Unless, you know, they're looking for terrorists or something.
Freedom isn't free; its price is the well-being of others.
The NSW Parliament hasn't passed anything. The laws haven't even been introduced into Parliament yet! They're thinking about suggesting this law, and even tabling it is still far away from passing it (or do you imagine the Parliament exists only to rubber-stamp legislation?)
I know it's unfashionable to read articles here, but you could at least read the whole summary (or even simply the text you quoted) instead of every second word.
Antiquis temporibus, nati tibi similes in rupibus ventosissimis exponebantur ad necem.
Government Requests More Power.
Today the (insert country) government has introduced a bill that would greatly expand it's power. It claims that this to fight (evil thing), but realists note that it wouldn't be of significant use for the claimed utility.
Lather, Rinse, Repeat.
The word 'politics' is derived from the word 'poly', meaning 'many', and the word 'ticks', meaning 'blood sucking parasites'.
We need a better legal system that doesn't bind the minds and souls of men with ropes of fear.
Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.
If bars don't serve drunk people, then McDonald's shouldn't serve fat people...
Then I'd be like the computer kid on Heroes. Hey Australians, Heroes isn't real. Mexicans don't make black goo come out of your eyes and kill you either.
If you didn't come to party don't bother knocking on my door. Prince '1999'
Just because the warrant says they can search any computer networked with one on the premises doesn't mean they have to search every computer that falls under that category. They don't have to test the warrant against anything they know beforehand will screw them. They can just use their discretionary power to reach however far they want.
Well I want a million bucks, and that ain't gonna happen either.
Hi, I Boris. Hear fix bear, yes?
Nope, sorry. Gandhi did an amazing job of forcing the British to hand over the reins of the Indian government to the Indians...but he didn't make the Indian government give up any powers. The government retained all the powers it had under British rule and even added some more.
They obviously haven't thought through what they're asking to do. They can legislate something like this all they want to, but it's just words on a page as soon as a network cable leaves Australian territory; no other country is obligated to allow them to barge in and search or seize computers. On top of that, I seriously doubt that Australian authorities would agree to authorities from other countries searching and seizing computers within Australia. I'm tempted to say that there's something else going on here.
May the Maths Be with you!
Before today you would have thought "Government Seeks Warrant to Search the Internet" was a headline from The Onion.
It just illustrates a common complain from satirists: It's a difficult job, because no matter how outrageous you exaggerate, the real world keeps trumping your satire with something real that's more extreme than anything you'd dare to publish.
Actually, I'd start by asking them why they don't just use google. It's funny how much private stuff can be found by just googling it. We've even seen a number of reports recently of identity thieves using google to collect the data they're looking for. I'd wonder how much of the information that various government spy agencies want about their own citizens could be found with a simple google search.
There was a funny news story back in the 70s, about a US government grant to a couple of college profs to study what could be learned about US military installations from public sources. It seems that when they submitted the report, with all the data taken from publicly-available sources, it was immediately classified top secret. I'd bet that such a study would be much easier today.
Those who do study history are doomed to stand helplessly by while everyone else repeats it.
Kind of a little too bureaucratic when they can't even use Google without a warrant...
...and hope the "bad guys" have never heard of SSH...
Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
Title 18 United States Code - Crimes and Criminal Procedure Part I - Crimes Chapter 46 - Forfeiture Section 981 - Civil Forfeiture (a)(1) The following property is subject to forfeiture to the United States: (A) Any property, real or personal, involved in a transaction or attempted transaction in violation of section 1956, 1957 or 1960 of this title, or any property traceable to such property. (B) Any property, real or personal, within the jurisdiction of the United States, constituting, derived from, or traceable to, any proceeds obtained directly or indirectly from an offense against a foreign nation, or any property used to facilitate such an offense, if the offense-- (i) involves the manufacture, importation, sale, or distribution of a controlled substance (as that term is defined for purposes of the Controlled Substances Act), or any other conduct described in section 1956(c)(7)(B); (ii) would be punishable within the jurisdiction of the foreign nation by death or imprisonment for a term exceeding 1 year; and (iii) would be punishable under the laws of the United States by imprisonment for a term exceeding 1 year, if the act or activity constituting the offense had occurred within the jurisdiction of the United States.
And I thought we had it bad here in Germany! At least our government only wants to spy on the computers of its own citizens, not the rest of the world...
Before today you would have thought "Government Seeks Warrant to Search the Internet" was a headline from The Onion.
Well, it gets better. Wait until they go after MS and Google and request/require them to use those desktop search apps to search for things on your desktop.
This concept means that the police will be going away from fighting crime and more into information brokering. If information has value (and EVERY Slashdaughter believes that it does) then what the police find on the computers that they search is going to be worth a lot more than what it pays to be a policeman. You just have to know what it is worth when you find it.
And policemen, being young and usually deeply into popular culture, will certainly copy for their own use any MP3 file or piece of media about their own favorite pop group. Then we might get to see the RIAA sueing the police to stop 'info-cop' piracy. A lot of individual officers will be fired. And they will mostly all become information brokers between the people who want what is found in all these searched hard-drives and the remaining police who are doing the searching (but don't know the value of what they find).
In the meantime, all really sensitive information will be encrypted and hidden in international corporate websites or secret Geocities-like storage sites.
Aussie Cops were disappointed when the response to their request was that searching computers was "not my bag, baby!" - so unfortunately for them the whole plan is scrapped.
Bow-ties are cool.
The USA has had the power to search its citizens' bank and brokerage accounts anywhere in the world for decades now. Get used to the new wrld order.
Have gnu, will travel.
Orwell was off by 24 years
But the confiscation occurs at the time you are charged with a crime (or sometimes when you are arrested), not convicted. Why is this aspect of the law seem to be "guilty until proven innocent" when our very justice system is supposed to be based on the opposite?
"But this one goes to 11!"
That'd be nice if it was the case that he's referring to, but he's not.
In regards to the section you quoted, that's how local police take your property without you having been convicted... they can just say you used your house/car/lawnmower to make drugs, and seize it. And if you want it back, you've got to post a huge bond of something like 50% of the value, and then slog through a few years of court to eventually get it back. Which usually isn't an option when they've seized your bank account...
The GP was referring to something else that is not Civil Asset Forfeiture, and the exact name escapes me right now. But, here's the jist of it. If the gov't (at any level) decides that your land would be put to better use doing something else, they can just take it. The trend started a few years ago, when a block of houses were wanted for a mall development, and the homeowners were holding out for a large amount of money from the developers (or just didn't want to sell, I can't recall). The developers went to the city, and the city decided that it was better for the town if they forced the homeowners out, because they'd get more taxes from the mall than they did from the homeowners. So they gave them appraised value for their houses, evicted them, and gave it to the developers. This set off a new trend in seizing property, where all the gov't has to do is decide it's better to do X than let you keep your home, and they kick you out. This has had a secondary effect too. Before, you could hold out for a large amount of money, and the developers would have to pay up if they needed your land. Now, they can just run to the city, and you get only the appraised value.
Yet more ways your government is working for you...
If I knew the wedgies I gave you back in 6th grade would have resulted in this . . . I might have taken a moments pause.
eminent domain...
God, I love /. tags.
They can just use their discretionary power to reach however far they want.
Reaching cross borders and through firewalls may be a problem. They don't have the keys and the locals may resist the intrusion.
The truth shall set you free!
Wow, Australia really is like that Simpsons episode. (remember the one which starts out with a Kuala bear climbing a power pole. It turns to look at them and is fried)
This is what happens when people vote for "change", to get the old guy out even when things are actually running alright ... Rudd's seat is barely warm yet and we already have (a) government apologising to aboriginals on behalf of people who didn't actually perpetrate any wrong, (b) government wanting to install a 'great firewall' and blocking Internet porn for every citizen/subject by default unless they ask for special permission for it, and (c) now this, trying to get ridiculous expanded surveillance powers.
Seriously, sometimes things really just aren't as broken as voters tend to think they are. I'm wary of people who want to vote for "change".
And forget the password due to the 'stress of being investigated for something i haven't done', unless they have something that resembles our 5th amendment here in the states.
---- Booth was a patriot ----
Has it?
Here's another.
Three times in the past fifty years the military in Turkey has overthrown the government through force (and once without), only to subsequently relinquish power and restore democracy.
While the idea of a military who considers the stewardship of secular democracy to be their solemn duty is fascinating, I think the particular circumstances that lead to this being effective are fairly unique so in general I don't think it can work. Most coups don't work out that well for the people (which isn't to say that these coups didn't result in their fair share of violence and suffering).
The enemies of Democracy are
I think you're referring to "eminent domain" which has I believe has been used here in New Jersey to get rid of, uh, obstructionists and other undesirables who were standing in the path of progress, "Truth, Justice and the American Way (TM)"
Basically, if you own anything, the gummint is supposed to pay "fair market value" before they kick you off of your land.
Of course, what's fair and when is it fair (the value of land fluctuates doesn't it,) seems to be up to the gummint. (And you can bet that you'll get the value prior to the, uh, "improvements{ of the new owners.)
MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
Americans increasingly understand our need to subpoena the Internet We have been exposed to hundreds of peer-to-peer networks by the genome-- Sequences that are not yet known-- We have revealed several popular nightmares We have downloaded over 650 million base pairs without accounting for the mouse We have withheld providing significant information Danger waits for us, like the unveiling of a public hearing. Citizen spokesmen may still unmask the terminally ill Chief Executive Officers may invoke the plug to boost sales Olfactory receptors may announce the outbreak and issue a $500 fine We must maintain a diverse portfolio, like an ancestor of the dogs, before the fruit fly holds a private concert that focuses on what they believe.
I consider the biggest problem in the world to be people that can't follow a logical argument but still vote. The analysis you are asking is too much for the average person. I bet the average person doesn't understand why the following is not logically correct:
Stones are heavy, man is heavy, therefore man is a stone.
LOL
http://findarticles.com/p/articles/mi_m1568/is_n4_v25/ai_14171968/pg_3
The first order of business should be:Arrest all the Elected Government officials, including prosecutors,and lastly the police....they can lock themselves in the prisons.
Be advised that the Council on Foreign Relations (CFR)created the UN to ENSLAVE the World.(One World Government).
Before today you would have thought "Government Seeks Warrant to Search the Internet" was a headline from The Onion.
Really, someone should tell these people about Google.
The higher the technology, the sharper that two-edged sword.
It happens all the time when what is widely seen as a corrupt government is voted out and replaced by another.
Hermes: I was sortin' but I wasn't smilin'.
LaBarbara: He forgot that it's not about badges and ranks.
Hermes: [punning] It's supposed to be about da filin'! People!
Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
I'm thinking that whoever tagged that is either engaging in wishful thinking or doesn't have a proper appreciation of the cretinous nature of the NSW legislature at the moment. I would not be entirely surprised if this bill got at least a serious look-in, and possibly even passed. This is the sort of thing that both the major players in NSW state politics love to do; each successive state election becomes more and more a law-and-order auction, to the point that we often talk about a mythical voter called Laura Norder.
Athy, athier, athiest.
So has anyone here actually SEEN the definition for "networked" that they intend to use in the bill?
Because, y'know, that's pretty much where ALL the detail is.
Maybe they'll define "networked" as "foreign computer having an active SMB session with local computer at time of inspection".
So maybe we oughta get off the righteous indignation horses while we clearly have no idea what the law is going to entail eh?
A couple of months back there was a murder in New South Wales or Victoria, I can't remember which. The cops got on TV and said they would be checking Google Earth for suspicious vehicles in the area. I don't think getting a warrant for "The Internet" would be beyond these people.
Like the USA?
Transportation to North America happened for a much longer time than it ever did to Australia.
Also, this bill hasn't actually passed yet.
The law HASN'T been passed, and i'm willing to bet it won't be passed.
our Police are the most ignorant of our entire population and
our Parliament has a fair bit more common sense than the USA govt...
they do pass some stupid laws, just not nearly as many...
-- Sex is the antonym of pringles. Once you pop it's time to stop.
So, you're saying the War on Drugs is failing?
I'll quote myself on that:
They don't have to test the warrant against anything they know beforehand will screw them.