[LINK] Police given computer spy powers

[Cyberwlf]

"Federal and state police now have the power to use computer spyware to gather
evidence in a broad range of investigations after legal changes last week.

The Surveillance Devices Act allows police to obtain a warrant to use software
surveillance technologies, including systems that track and log keystrokes on
a computer keyboard. The law applies to the Australian Federal Police and to
state police investigating Commonwealth offences.

Critics have called the law rushed and imbalanced, saying police will be able
to secretly install software to monitor email, online chats, word processor
and spreadsheets entries and even bank personal identification numbers and
passwords.

Irene Graham, executive director of watchdog Electronic Frontiers Australia,
said the law went too far in allowing police surveillance.

"The legislation has been passed without the proper scrutiny and the ALP is
too afraid to stick to their guns and oppose it," she said.

Ms Graham also believed the act could override parts of the Telecommunications
Interception Act, which tightly regulated telecommunications monitoring.

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AdvertisementA spokesperson for the federal Attorney-General, Philip Ruddock,
denied this, saying the act specifically said it should not be read to
override the Telecommunications Interception Act.

The spokesperson said there were protections in the legislation, including
reporting to Parliament and allowing reviews by the Ombudsman.

In addition to redefining the kinds of surveillance devices that can be used,
the Surveillance Devices Act allows surveillance for offences far less serious
than those allowed under the Telecommunications Interception Act. Warrants to
intercept telecommunications can only be obtained to investigate offences
carrying a maximum jail term of seven years or more. However, Surveillance
Devices Act warrants can be obtained for offences carrying a maximum sentence
of three years.

Ms Graham said the three-year benchmark was too low and the act went too far
in setting out circumstances in which police could use surveillance devices.

A warrant could be obtained under the act if an officer had reasonable grounds
to suspect an offence had been or might be committed and a surveillance device
was necessary to obtain evidence. They can also be obtained in child recovery
cases.

The act also has secrecy provisions making it an offence to publish
information on an application for, or the existence of, a surveillance
warrant.

The Government said the act would consolidate and modernise the law. Mr
Ruddock said the power of Commonwealth law enforcement using surveillance
devices lagged behind what technology made possible and what was permitted in
other jurisdictions.

However, Electronic Frontiers is concerned that key-logging software can even
record words written and then deleted or changed and thoughts that are not
intended for communication."

http://www.smh.com.au/news/Breaking/Police-given-computer-spy-powers/2004/12/13/1102786981816.html?oneclick=true