Australian powers to spy suspects given

Also on rt.comFury over Covid rules is FINALLY helping Aussies lose their long-held, unhealthy respect for authority

The new conditions for easing lockdown were revealed a week after Australia passed a controversial bill giving police the ability to secretly seize and alter internet accounts.

Known as the Surveillance Legislation Amendment (Identify and Disrupt) bill, the legislation allows the Australian Federal Police (AFP) to take over, and modify or delete, the accounts of cybercriminal suspects.

Although authorities claim that the law will help crack down on pedophiles, terrorists and drug traffickers, many on social media expressed concern that the extensive powers were further evidence of Australia sliding into authoritarianism.

The Australian state has recorded 822 Covid-linked deaths since March 2020.

Australian powers to spy on cybercrime suspects given green light

In addition, this provision authorizes the equivalent of a blank warrant: the court issues the order, and the law enforcement agent fills in the places to be searched. That is a direct violation of the Fourth Amendment’s explicit requirement that warrants be written “particularly describing the place to be searched.”

Pen register searches applied to the Internet The Patriot Act applies the distinction between transactional and content-oriented wiretaps to the Internet. The problem is that it takes the weak standards for access to transactional data and applies them to communications that are far more than addresses.
On an e-mail message, for example, law enforcement has interpreted the “header” of a message to be transactional information accessible with a PR/TT warrant.


A search on the Google search engine, for example, creates a page with a custom-generated URL that contains material that is clearly private content, such as:

http://www.google.com/search?hl=en&lr=&ie=UTF-8&oe=UTF-8&q=sexual+orientation

Similarly, if I fill out an online form – to purchase goods or register my preferences, for example – those products and preferences will often be identified in the resulting URL.

The erosion of accountability

Attempts to find out how the new surveillance powers created by the Patriot Act were implemented during their first year were in vain. In June 2002 the House Judiciary Committee demanded that the Department of Justice answer questions about how it was using its new authority.

Australian powers to spy suspects given 1

At a time when computerization is leading to the creation of more and more such records, Section 215 of the Patriot Act allows the FBI to force anyone at all – including doctors, libraries, bookstores, universities, and Internet service providers – to turn over records on their clients or customers.

Unchecked power The result is unchecked government power to rifle through individuals’ financial records, medical histories, Internet usage, bookstore purchases, library usage, travel patterns, or any other activity that leaves a record. Making matters worse:

  • The government no longer has to show evidence that the subjects of search orders are an “agent of a foreign power,” a requirement that previously protected Americans against abuse of this authority.

Australian powers to spy suspects givenchy

They must ask for your permission first and conduct the viewing in a way that provides reasonable privacy as quickly as possible. If you do not remove your face covering without special justification you may be committing an offence. More information is available in the below section on questioning.

Questioning

Can I be arrested for questioning?

No.

Police can ask you to accompany them to a police station for questioning, but you do not have to go unless you have been arrested for an offence. You should speak to a lawyer before you speak to the police.

Australian powers to spy suspects givens

They can also ask you to shake your hair and open your mouth.

Police can only perform a strip search if they have reasonable grounds to suspect that it is necessary. Normally they should do this at a police station, but they can do it elsewhere if the circumstances are serious and urgent. They must provide you with as much privacy as possible.

As far as is practicable, the search must be carried out by a police officer of the same gender as the person being searched.
In the case of a strip search it should be, as far as practicable, in a private area, out of sight of people of the opposite gender to you and out of sight of other people not involved in the search.

Special provisions apply if the person being searched is aged between 10 and 17 years or intellectually impaired.

The police must provide the name and place of duty of the officer performing the search.

Furthermore, the law gives the attorney general and the secretary of state the power to detain or deport any non-citizen who belongs to or donates money to one of these broadly defined “domestic terrorist” groups.

  • Allows for the indefinite detention of non-citizens. The Patriot Act gives the attorney general unprecedented new power to determine the fate of immigrants. The attorney general can order detention based on a certification that he or she has “reasonable grounds to believe” a non-citizen endangers national security.

    Worse, if the foreigner does not have a country that will accept them, they can be detained indefinitely without trial.

  • alcohol in a public place. They may also require you to provide proof of age (if you are under 18 they may take your alcohol).

    ■ If police suspect that you were at or near the scene of a serious offence and that you may have information that would assist them.

    ■ If police are trying to serve a fine default warrant.

    ■ If police have emergency public disorder powers, you are in a target area, and the police suspect that you have been or may become involved in a large-scale public disorder.

    ■ If police suspect that an apprehended violence order has been made against you.

    ■ When the police give you a ‘move-on direction’ if your identity is unknown to the police.

    Seizing goods

    Can police take things from me?

    If police are executing a search warrant they can take things that they find.

    After shutting down non-essential activity in Melbourne, Andrews decided to extend restrictions to the entire state on August 5, citing the alleged detection of Covid-19 in wastewater 236km (147 miles) from the city. He was later forced to admit that the sewage in question had actually tested negative for the virus. Nonetheless, the statewide lockdown, which was only supposed to last seven days, has remained in place.

    Currently, Victorians are not allowed to venture more than five kilometers (3.1 miles) from their homes – and only for “essential” activities.
    Andrews promised to increase the travel radius to 10km once the state’s vaccination benchmark is met.

    FISA previously allowed searches only if the primary purpose was to gather foreign intelligence. But the Patriot Act changes the law to allow searches when “a significant purpose” is intelligence. That lets the government circumvent the Constitution’s probable cause requirement even when its main goal is ordinary law enforcement.

    The eagerness of many in law enforcement to dispense with the requirements of the Fourth Amendment was revealed in August 2002 by the secret court that oversees domestic intelligence spying (the “FISA Court”). Making public one of its opinions for the first time in history, the court revealed that it had rejected an attempt by the Bush Administration to allow criminal prosecutors to use intelligence warrants to evade the Fourth Amendment entirely. The court also noted that agents applying for warrants had regularly filed false and misleading information.

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