ACAB ...I SAY.. _____________________________________________ September 16, 2014 NSW Police cyber hacking could be breaking the law, warns civil liberties lawyer Leaked documents via Wiki Leaks suggest that NSW Police have invested more than $2.5 million on German surveillance software that officers are using to hack into suspects smartphones and computers. (See Wiki leaks link here:) https://wikileaks.org/spyfiles4/ ELEANOR HALL: Civil liberties lawyers are warning today that documents published by Wiki Leaks raise the alarming possibility that police may be using their search powers illegally. As Deborah Cornwall reports. DEBORAH CORNWALL: The secretary of the New South Wales Council of Civil Liberties, Stephen Blanks, has called for an urgent clarification from New South Wales Police. STEPHEN BLANKS: This revelation raises significant questions about whether the New South Wales Police are operating within the law. DEBORAH CORNWALL: He says Wiki Leaks documents have confirmed spyware is now a routine investigative weapon for New South Wales Police. But if police are relying on the states powerful covert search warrant legislation, theres a real possibility police themselves have been acting illegally. STEPHEN BLANKS: Well, I wonder whether the police are being entirely honest with the judges who are issuing the warrants, because the form of warrant for a covert search warrant doesnt clearly include the power to use this kind of hacking software. It could well be that the issuing authorities are being misled. DEBORAH CORNWALL: Its more than five years since New South Wales Police were given extraordinary search powers once reserved exclusively for its elite anti-terrorism squads. The covert search warrant laws effectively gave all police the power to secretly search a suspects property, and their neighbors, for offenses as minor as property damage. But according to Stephen Blanks, the legislation didnt even contemplate the use of police spyware, nor did it give police the right to hack into the private lives of the suspects innocent neighbors. STEPHEN BLANKS: When the covert search warrant regime was introduced, there was a heavy emphasis on accountability because of the very radical nature of the warrant. But these warrants dont allow generalised software computer hacking, they are premises-based warrant, so the police can enter premises, they can search computers there, they can use computers at those premises to access other networks. DEBORAH CORNWALL: So what youre saying is this was never intended to enable cyber-sleuthing? STEPHEN BLANKS: Certainly, as I understand, they were never intended to cover this kind of software which enables police, from the safety of their own offices, to secretly hack into and alter computer networks. It really is something thats very, very concerning and police shouldnt have these powers, and if they do have these powers, theyve got to be subject to real accountability. DEBORAH CORNWALL: Well of course the New South Wales Police response to this revelation has been: we cant tell you how were using it; thats operational. STEPHEN BLANKS: Look, I hope the police are not saying that they should be entitled to use these kinds of extraordinary powers without any accountability whatsoever. The police have never been authorised to operate in secret. ELEANOR HALL: Thats the secretary of the New South Wales Council for Civil Liberties, Stephen Blanks, speaking to Deborah Cornwall. abc.net.au/worldtoday/content/2014/s4088458.htm
Posted on: Wed, 17 Sep 2014 10:40:02 +0000
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