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Australians who won't unlock their phones could face ten years in jail

nakedsecurity.sophos.com

131–140 of 167 posts

Re: Australians who won't unlock their phones could face ten years in jail

#131
post #8

Genuinely curious - What is the current state / precedent for this type of situation in the US?

Complicated. 5th amendment protections against self-incrimination prevents the court from using the fact that you can unlock your phone with a password you know from being used against you. Court opinion has been mixed as to whether you can have an obligation to reveal a password. Even then, the government requires a warrant to search the phone, and that requires a reasonable belief that they would find evidence on i…

Interesting. Latest Android (pie) lets you "lock down" your phone using a quick shortcut which basically locks the phone, hides all notifications and will require your PIN to unlock it not your fingerprint. Wonder if that's related to the law you mentioned.

Re: Australians who won't unlock their phones could face ten years in jail

#132

A government's ability to control its population weakens as subversive technology evolves. The law is always behind the state of the art. This frustrates officials so much they react with incredulity and throw childish tantrums. In order to maintain control, the government must ask for more and more power and become more and more totalitarian. It's like a politico-technological arms race. What will be the end of this…

Technology can already more or less deal with this.

Encryption plus a hidden volume (the existence of which cannot be proven) provides the ability for someone to 'unlock' the phone but still not provide access to the real data.

It would be quite difficult to ban encryption without causing a ton of other problems.

Re: Australians who won't unlock their phones could face ten years in jail

#133
post #6

Also concerning is what they are doing towards companies (pardon the tangent): > It covers [...] device vendors [...] as long as they have "a nexus to Australia" > But what if the suspect stores the keys themselves? In that case, the government would pull out the big guns with a second kind of order called a technical capability notice. It forces communications providers to build new capabilities that would help the…

The article mentions both child abusers and terrorists yet the laws will rarely be used for that. Mandatory metadata retention was also bought in for the same reasons and has barely appeared as evidence in any subsequent cases, despite >300,000 warrantless metadata requests last year, overseen by a handful of public servants behind closed doors, in a country of 25 million people. Another very concerning law is about…

Former Origin Energy executive and whistleblower Fiona Wilson was detained by the new Queensland Fixated Threat Assessment Centre (QFTAC) and injected against her will and without any charges laid against her. Fiona has since been released but must report for her monthly injections otherwise she will be detained again.

https://www.gofundme.com/barrister-needed-for-fiona-wilson

Re: Australians who won't unlock their phones could face ten years in jail

#134
post #76

Earlier quoted context omitted.

> Then the LEO just asks for the second password. But it's entirely _optional_ to use. They cannot prove there is a second password.

They're not dumb. You installed the thing you're claiming gives you plausible deniability -- it's a fair inference that you wanted just that so that you could hide something, ergo the court will just demand that password. Which means you shouldn't install any such software unless you're going to have those hidden partitions and are willing to let LE have access.

You can easily go a 3rd level (more) deep by adding another veracrypt file within the hidden partition. You could also use stenography techniques to hide your encrypted file/data within an image or video.

There are also use-cases that don't include a hidden partition, ex: I keep private code repositories in a veracrypt partition to protect them in the event of laptop theft while not avoiding the perf hit of full disk encryption. There's no need for the hidden partition / plausible deniability for a use-case like that.

Re: Australians who won't unlock their phones could face ten years in jail

#136
The article buries the lede pretty badly.

>The government’s explanatory note says that the Bill could force a manufacturer to ... install government software on it

If the bill passes, using a phone purchased in Australia is no longer secure. I know my security threat model excludes manufacturer-installed root kits - is there a reasonable strategy for mitigating this risk? Buying a phone in the US and importing it yourself is one, but that seems very awkward.

edit: reading the actual text, there's some protection in section 317ZG, which prohibits the law from being used to cause "systematic weakness" or "systematic vulnerability", but explicitly carves out an exception for targeting specific devices. So for a specific example, the bill would allow the Australian government to compel Apple to secretly push an over-the-air update to backdoor a specific device of interest.

>The mere fact that a capability to selectively assist agencies with access to a target device exists will not necessarily mean that a systemic weakness has been built.

Yeah, the bill is definitely designed to allow exactly the scenario I described. They're after using the code-signing keys and technical expertise of device manufacturers and communication program developers to target individual devices with encryption backdoors.

>Likewise, a notice may require a provider to facilitate access to information prior to or after an encryption method is employed, as this does not weaken the encryption itself.

Definitely planning on backdooring devices and reading the messages pre-encryption and post-decryption.

Re: Australians who won't unlock their phones could face ten years in jail

#137

It's evident citizens are not going to win the fight for privacy by trying to change policy. Voting has become nearly meaningless in the modern age when it comes to changing politics. Influencing businesses to do what's right is becoming more challenging too as this order shows they can just be forced to hand over data by authorities. I don't want the "bad guys" getting away with their activities either, but I don't…

I disagree that voting has become meaningless. The issue is that young people think and feel that voting is meaningless. Thus politicians don't really have to pay attention to what young people think or want. (You don't vote, you don't count.) If you don't vote, your peers don't vote. You transfer your power to other people. Think of NRA. It is a small relatively movement. But if they say to their members go vote X,…

People should also be aware that trying to convince people on the other side of whatever political fight you are in that voting is meaningless is a real strategy.

Re: Australians who won't unlock their phones could face ten years in jail

#138
The draft of the bill is accessible here: https://www.homeaffairs.gov.au/consultations/Documents/the-a...

I am not a lawyer, and I haven't read the document in detail. There are three places where penalties of 10 years in jail are mentioned:

- 64A (Person with knowledge of a computer or a computer system to assist access etc.), which comes under the "Schedule 2: Computer Access Warrants etc"

- 3LA(5) which comes under "Schedule 3: Search warrants issued under the Crimes Act 1914"

- 201(A) (Use of electronic equipment at other place), which comes under "Schedule 4: Search warrants issued under the Customs Act 1901"

10 years in jail appears to be a penalty for not unlocking your phone when a warrant has been issued to do so. As long as a warrant is required, I don't really have a problem with this, it doesn't seem to be an unreasonable extension into the electronic world from the analogue. Warrants already exist to search your house and everything in it - that's pretty much the biggest privacy invasion you could have, but it requires paperwork and sign-off by "certain parties".

(The trustworthiness of those doing the paperwork and the "certain parties" signing-off on warrants is a separate argument as that's not "new" to this change in legislation).

It doesn't appear that you could get thrown in the clink for 10 years for refusing to unlock your phone during a random traffic stop.

Happy to hear why my take on this may be wrong though.

Re: Australians who won't unlock their phones could face ten years in jail

#139

Earlier quoted context omitted.

The article mentions both child abusers and terrorists yet the laws will rarely be used for that. Mandatory metadata retention was also bought in for the same reasons and has barely appeared as evidence in any subsequent cases, despite >300,000 warrantless metadata requests last year, overseen by a handful of public servants behind closed doors, in a country of 25 million people. Another very concerning law is about…

I am speechless... No literary. The moment, I hope things are improving and people become more involved and don't stand for this ..., things like these pop up as a form of disillusionment. Her mistake I guess was contacting the minister or the minister's circle, who are probably in on this? P.S. It seems the whistle-blower protections in Australia are ... lacking to say the least. Anyone care to pitch in? I can find…

It is not good. Here is another one.

http://mobile.abc.net.au/news/2018-06-28/witness-k-and-berna...

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