Why we must learn net-stealth
I recently pointed out that we have a civic duty to learn about encryption, anonymization and other such techniques that we should use, by default, to hide our information, however innocent, from unethical government intrusion. I would like to give some further reasons.
The Australian Security Intelligence Organisation, more commonly known as ASIO, has the right to detain a person, even when they are not suspected of a terrorist offence, for at least seven days if it is believed that they can “substantially assist in the collection of intelligence”. The Attorney General (an entirely political appointee, be it noted, nothing to do with the judiciary – in the Prime Minister’s pocket, in essence) must consent to the application for a warrant. The application is made to certain magistrates and judges who have volunteered for this job, but these seemingly judicial persons do not act in their judicial capacity, just as designated persons. The application is made without the prospective detainee being present, and the detainee is not informed of the reasons for the application. If the detainee wishes to challenge the sufficiency of the grounds, their legal adviser is not allowed to see any of the supporting documentation; the detainee, in any case, does not in fact necessarily have a right to legal advice, or even to contact anybody at all.
On top of this vile law, it has been made an offence to disclose that someone is subject to such a warrant; journalists are not allowed to report the existence of a warrant, even when trying to expose abuse or misuse of the system. ASIO and the AFP have made themselves into laughing-stocks over, for instance, the Haneef case, so we can be quite certain that sooner or later these powers will be abused again.
In the face of such severe threats to our safety, it would be helpful if we all know how to publish anything that we know about such things, whether we are reporters, friends of the detained or just concerned about human rights. We should know how to publish any information anonymously, to do our best to ensure that ASIO and the AFP are held to account. It is, however, ethical but illegal.
See the Australian Human Rights Commission for more details.
But do remember, it is legal to know about these techniques, it is unethical for ASIO and the AFP to have such powers, but if you actually publish information such as the existence of the kind of warrant mentioned above, you are breaking the law. I cannot urge you to do it.
