[LINK] It's Queensland - (sorry to Qlders)

[rene]

On Thu, 26 May 2011 13:43:11 +1000, Richard Chirgwin wrote:
> [snip]
>> Does anyone (Stil? Richard?) know what happened to Ben's laptop
>> which was confiscated or the copy of the data image taken by
>> police? Or the complaint that led to it? Was the original person
>> who grabbed the image ever contacted or interviewed? If not, then
>> Qld police have screwed up again. Or perhaps it's just too early to
>> know.

> 1. It was returned.
> 2. No idea whether the police got a dump.

Seems probably not, given BG tweeted on 20 May:
"I'm OK. I have my iPad back. It's time to move on. My confidential sources 
are safe."
https://twitter.com/#!/bengrubb/status/71397548329406464

> 3. The complaint seems to be stalled, but that is just my observation
> not a hard fact. 

If it's been stalled, or dropped, it's my guess that could be because - in 
relation to the access to photos on Facebook - it appears the most likely 
possible/relevant offence is Cth Crim Code s478.1 - which applies only when 
"restricted data" is intentionally accessed and the person knows their 
access is unauthorised; and the legislation states:
        "'restricted data' means data held in a computer, being data to
which access is restricted by an access control system associated with a
function of the computer".

It seems highly questionable whether access to the data was restricted by 
an access control system of the types referred to the Explanatory 
Memorandum and in the 2000 report of the (SCAG) Model Criminal Code 
Committee which wrote the offence that was subsequently enacted into Cth 
law, and NSW, Vic, A.C.T, and similar in W.A.

> 4. Yes, QPS screwed up.

Arrest of journalist...an overreaction, says lawyer 
AAP May 19, 2011
http://www.theaustralian.com.au/news/breaking-news/arrest-of-journalist-ben
-grubb-an-overreaction-says-lawyer/story-fn3dxiwe-1226059016518

Irene