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Australian activist can't use encrypted apps, must let police access phone

abc.net.au

61–70 of 363 posts

Re: Australian activist can't use encrypted apps, must let police access phone

#61
post #29

Earlier quoted context omitted.

>By what metric are your rights inalienable and innate? The 2nd. Edit: >definitively your government giving you the rights Because we've gotten lazy and allowed it. Most of our legislative buildings have public balconies above the floors where laws are made. The architecture is sort of a reminder/implicit threat. Or it was, once upon a time. "We're watching you. Don't make any laws that are draconian".

i dont know man, as a non-american, why do you consider your constitution with so much regard as being bulletproof? cant your government just change it? like any other governments do? whats so sacrosanct about it?

There's a specific method for amending it that requires a very high level of agreement among both houses of Congress and the various state legislatures. In theory Congress or the executive branch could just ignore that and go do whatever they want as long as the judiciary didn't stop them, or the Supreme Court could use weasel-words to make the Constitution mean something other than what it says. Both of those things have happened to varying degrees over the years, but it would be a huge expression of contempt for the rule of law for anyone say outright that was what they were doing.

Re: Australian activist can't use encrypted apps, must let police access phone

#62

Note these are bail conditions (so presumably an alternative to a much more constrained existence in prison) for a charge that indicates potential for inflicting severe economic damage after organization via communication devices. When compared to bail conditions for other charged crimes which may also be strict and context-related (eg. trackers or keeping distance from a victim of violence) it sounds tough (and righ…

When will they arrest the heads of oil companies for inflicting severe economic damage?

Re: Australian activist can't use encrypted apps, must let police access phone

#65
post #32
post #7

I just checked that the right against self-incrimination exists in Australia, too. Isn't it a violation of this law to require someone to tell their passwords?

Even in the US the case law around self-incrimination due to forced password disclosure does not seem to be settled. There have been multiple cases were judges have considered passwords foregone conclusions, e.g. [1] [1] https://www.reuters.com/business/legal/us-supreme-court-nixe...

Not a lawyer, but my understanding is that in the USA you cannot be compelled to provide your password as such, but you can be ordered to produce the decrypted content. I guess the only real distinction there is that you're allowed to keep the password itself secret.

Re: Australian activist can't use encrypted apps, must let police access phone

#66
post #42

Earlier quoted context omitted.

The conditions of his arrest sound ridiculous in the first place. https://www.theguardian.com/commentisfree/2022/jun/24/i-neve... https://www.queenslandjudgments.com.au/caselaw/qdc/2020/331 He was charged for "interfering with a railway" because of a tripod suspended over a rail line? It sounds like he was basically pissed off some powerful coal people, got thrown in jail for that, and now his phone is police propert…

This is all the long tail of the corrupt-as-hell Scott Morrison government which was just evicted pretty soundly (after too bloody long though, and somehow Dutton is still in). NSW in particular once ICAC took a look had Gladys Berejiklian suddenly resign (as all these state level criminals do the second they get called before it), and the notable events surrounding why the Australian Federal Police Fixated Persons U…

The years-long delay, attempts to water-down the powers, and eventual failure to implement Federal ICAC by the Liberal government is both an oddly silent but screamingly obvious indicator that there's a significant "cockroach" problem. The mainstream media barely mentions it, which is also an indicator of the scale of the problem.

I hope Labour implement it, with appropriate strength and enforcement powers, but they're still politicians at heart, so who knows. Can't be more corrupt than Morrison's selected cabinet of philanderers though.

Re: Australian activist can't use encrypted apps, must let police access phone

#67

As soon as I saw the headline, figured it was Australia. It's a real stretch to call it a liberal democracy at this point.

Come now, citizen. We don't want to allow this dangerous "Emoji Extremism" to proliferate!

https://www.rferl.org/a/russia-teacher-fined-using-emojis-uk...

Re: Australian activist can't use encrypted apps, must let police access phone

#68

All these WEF friendly counties are going down hill especialy Australia and Canada when it comes to human rights. I am happy living in South Africa far away from Justin Castro or whatever the pm is Australia cant even remember his name all I rber is he is a coward and a liar with no backbone.

that was scomo = scott morrison, now it's anthony albanese, slightly different, maybe better.

Re: Australian activist can't use encrypted apps, must let police access phone

#69

Not unexpected from the state that banned encryption, gives the police the right to modifiy, add and remove files from your devices. And can also force its citizens to implement backdoors and basically be spies even in foreign countries and companies.

Not to mention the extensive censorship.

Ironically the only state which has legal X rated content and legal cannabis is the Australian Capital Territory which is where all the politicians live. (equivalent to DC).

Re: Australian activist can't use encrypted apps, must let police access phone

#70
> you cannot turn on your lights because they are IOT shit and use encryption (albeit with vulnerabilities that bypass it) which is a weapon or something because they said in james bond

Yep, this is what happens when you let people in technical and legal positions be harmfully stupid for decades on end.

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