Leslie Massey
Australians are subject to ever-increasing levels of government surveillance. In 2018, the Australian government passed the Assistance and Access Act, also known as TOLA, which allows government agencies greater access to encrypted messages, like those sent over WhatsApp. The government also has the power to hack into citizens' computers, online accounts, and any other technology or networks they use. While the Australian public has generally accepted the collection of telecommunications metadata, there is little understanding of why they accept government surveillance.
| Characteristics | Values |
|---|---|
| Surveillance laws | Assistance and Access Act, also known as TOLA |
| Surveillance methods | Access to encrypted messages, hacking of computers, online accounts, and other technology and networks |
| Agencies involved | ASIO, RSPCA, Australian Crime Commission, Australian Securities and Investments Commission, Australian Tax Office, Centrelink, Medicare, Australia Post, Australian Fisheries Management Authority, Victorian Taxi Services Commission, Victorian Transport Accident Commission, WorkSafe Victoria, local councils, foreign law enforcement agencies |
| Data collected | Internet and telecommunications metadata, including date, time, and duration of internet sessions, email logs, location data, web browsing history |
| Warrant requirements | Warrants not always required for accessing data, especially "metadata" |
| Public opinion | Australians generally accept government surveillance, but with low enthusiasm and trust in the government's data management capabilities |
| Concerns | Repurposing of data, invasion of privacy, incompatibility with human rights and freedom of expression |
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What You'll Learn
Australian government's new laws on hacking citizens' computers
The Australian government has been introducing new laws that allow for greater surveillance of its citizens, including the ability to hack their computers and other devices. This has been justified as a necessary measure to protect against criminal and terrorist activities and to improve the country's cybersecurity. However, these moves have been controversial, with critics arguing that they infringe on citizens' privacy and freedom of expression rights.
The Surveillance Legislation Amendment (Identify and Disrupt) Act 2021, for example, gives the Australian Federal Police (AFP) and the Australian Criminal Intelligence Commission (ACIC) more power to disrupt and prosecute online criminal activity. This includes the ability to modify, alter, and delete online data, as well as take over citizens' online accounts, without a warrant. While this legislation is intended to target serious Commonwealth crimes with sentences of more than three years, it has been criticised for its lack of oversight and the potential for abuse.
The Assistance and Access Act, also known as TOLA, passed in 2018, is another example of expanded surveillance powers. This Act allows law enforcement and intelligence agencies to intercept and monitor encrypted communications, such as those sent over WhatsApp. TOLA has been deemed incompatible with human rights and the right to privacy, and amendments have been suggested to address these concerns.
At the state level, there are also laws in place to criminalise hacking offences. For instance, in Western Australia, section 440A of the Criminal Code, introduced in 1990, addresses the "unlawful operation of a computer system" without authorisation. Queensland's law, introduced in 1997, covers "computer hacking and misuse". However, the specific offences and penalties vary across jurisdictions, leading to calls for more uniform anti-hacking laws in Australia.
Looking ahead, the Australian government has outlined a three-horizon strategy to strengthen its cybersecurity foundations, protect citizens and businesses, and develop emerging cyber technologies. While the government has emphasised the importance of cybersecurity, the increasing surveillance powers have sparked concerns among citizens and civil society groups, highlighting the delicate balance between security and privacy.
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The Assistance and Access Act, 2018
The Australian government has been increasing its surveillance powers in recent years, with the Assistance and Access Act, also known as TOLA, being a key piece of legislation in this regard. Introduced in 2018, the Act amends the Telecommunications and Other Legislation Amendment and gives law enforcement and intelligence agencies broad powers to intercept and monitor encrypted communications.
TOLA has been controversial, with critics pointing to its potential infringement on privacy and freedom of expression rights. The Act allows government agencies to access encrypted messages sent over platforms like WhatsApp without a warrant. This has raised concerns among technology companies and civil society groups, who worry about the potential for government overreach and abuse of power.
Indeed, the Australian government's surveillance powers extend beyond just the monitoring of internet searches. Under certain circumstances, intelligence agencies, federal and state police, and the Department of Home Affairs can request access to telephone records, internet records, photographs, and other identifying information. This data can be shared not only for national security reasons but also for general law enforcement and even road safety purposes.
While Australians have generally accepted the collection of telecommunications metadata or driver's license photos, the factors influencing their acceptance of increased government surveillance are not well understood. Research has shown that people's overall trust in the government strongly determines their acceptance of surveillance. However, there is a concern that the increased surveillance powers may be used for purposes beyond their original intent, particularly given the lack of an "opt-out" mechanism for surveillance data collection.
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Increased government surveillance powers
The Australian government has been increasing its surveillance powers, with the ability to monitor internet searches and more. In 2018, the Assistance and Access Act, also known as TOLA, was introduced, granting law enforcement and intelligence agencies broad powers to intercept and access encrypted communications. This has been deemed incompatible with human rights and the right to privacy, but amendments are yet to be made.
Mass surveillance in Australia encompasses various network media, including telephone, internet, financial systems, and international travel. Google's transparency report reveals a consistent 20% year-on-year increase in requests by Australian authorities for private information. This includes internet information such as the date, time, and duration of internet sessions, as well as email logs.
Under current laws, organisations beyond federal, state, and territory police, such as the RSPCA, the Australian Crime Commission, and the Australian Tax Office, can access personal information. This has raised concerns among Australians, with over half a million disclosures of metadata to agencies in the 2013-2014 financial year.
The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has recommended changes to narrow the scope of new surveillance powers, such as limiting warrant criteria and strengthening oversight mechanisms. However, most of these recommendations have been ignored, and the government continues to expand its surveillance capabilities.
While Australians have generally accepted the collection of telecommunications metadata, the increased surveillance powers of the government have sparked concerns about privacy and the potential misuse of information.
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Public opinion on government surveillance
A separate survey of 100 Australian residents found slightly higher acceptance of government surveillance, with 52% of respondents saying they accept it. The average response on a scale of 1 (strongly reject) to 5 (strongly accept) was 3.1, indicating that respondents are slightly leaning towards acceptance. The most influential factor in accepting government surveillance is the perceived necessity of such measures, with trust in the government also playing a significant role.
The proliferation of surveillance technologies, particularly digital surveillance, has raised concerns about the power and reach of state and corporate surveillance. Australians generally accept the collection of telecommunications metadata or driver's license photos. However, there is a sense of resignation due to a perceived lack of knowledge and control over online personal data. Some Australians are worried about the threat of repurposing, where information collected for one purpose is used for another, as there is currently no "opt-out" option for surveillance data collection.
Overall, while Australians exhibit a general acceptance of government surveillance, it is a complex and multifaceted issue. Trust in the government, the perceived necessity of surveillance, and concerns about personal privacy all play a role in shaping public opinion on this topic.
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Repurposing of information collected for one purpose
The repurposing of information collected for one purpose, also known as the "'secondary use of data'", is a practice that involves interpreting existing data in new ways, often unrelated to the original intent of the data collection. While this approach can provide new insights and save time and money, it also poses challenges in verifying the accuracy of the data.
In the context of the Australian government's surveillance activities, there are concerns about the potential repurposing of collected data. The Australian government has passed laws that grant law enforcement and intelligence agencies broad powers to intercept and monitor encrypted communications. For example, the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018, allows government agencies to access encrypted messages on platforms like WhatsApp. Additionally, various intelligence agencies and police forces can, under certain circumstances, request access to telephone and internet records, which can reveal location information and communication data.
The indiscriminate nature of surveillance data collection and the lack of an "opt-out" option have raised concerns about the potential for repurposing. For instance, the government has proposed allowing the Department of Home Affairs to share photographs and identifying information between government agencies and, in some cases, private organisations, for reasons of national security, law enforcement, and even road safety. This sharing of information across agencies and the potential for reuse in unspecified ways in the future has led to worries about the repurposing of data.
While Australians have generally accepted the collection of certain types of data, such as telecommunications metadata or driver licence photos, the factors influencing this acceptance are not well understood. Trust in the government's ability to manage data does not seem to be a determining factor in people's acceptance of surveillance. However, events that diminish overall trust in the government may threaten the acceptance of surveillance policies.
To address concerns about repurposing, some measures have been implemented. For example, in response to complaints about businesses misusing contact-tracing data during the COVID-19 pandemic, the Philippines' National Privacy Commission cautioned against repurposing personal data collected for COVID-19 prevention and control for any other purpose, stating that such repurposing is punishable under the Data Privacy Act. Similarly, in Australia, the government amended legislation to prevent insurance companies from accessing and using information from the My Health Record system due to similar concerns about repurposing.
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Frequently asked questions
Yes, the Australian government does monitor internet searches as part of its mass surveillance operations.
Mass surveillance refers to the Australian government's ability to access citizens' online accounts, technology, networks, and communications without a warrant.
The Australian government has passed laws, such as the Assistance and Access Act, that allow government agencies to access encrypted messages and compromise encrypted communication channels.
The government can access internet information, including the date, time, and duration of internet sessions, email logs, web browsing histories, and metadata such as calls and emails sent and received, location data, and internet browsing activity.
While there is some acceptance of government surveillance in Australia, it is relatively weak. People's trust in the government influences their acceptance of surveillance, and there is concern about the potential misuse or repurposing of collected data.
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