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Re: "Encrypted Communication Illegal in Australia..."
@stack I just read through the law, and it's pretty bad. If the police suspect that you have such a "device", meaning you're using an encryption/chat app that isn't one of the mainstream brand names basically, they can get an order from a magistrate and perform a warrantless search of your person and property, as well as detain you.
The law: https://legislation.nsw.gov.au/view/pdf/asmade/act-2022-46
Explanation: https://www.lexology.com/library/detail.aspx?g=ab59aafa-9757-4bdf-9752-a36f0e8e56bf
Jan 29 ยท 5 months ago
๐ค nikhotmsk ยท Jan 29 at 13:34:
There is always a hack around. Remember it.
๐ stack [OP] ยท Jan 29 at 18:21:
@nikhotmsk: yeah, there is always a way to break the law and not get caught, but that is not the point. A society is less free if you have to go through a lot of effort to avoid being locked up. The worst oppressive governments don't prosecute everyone -- they use horrible laws to selectively silence those whom they perceive to be the opposition - whether it's true or not. Trust me, you don't want to live in a society like that.
๐ norayr ยท Feb 02 at 19:02:
what if that device is a google smartphone which is connected to google server via https - that's technically falls under the category law describe?
๐ stack [OP] ยท Feb 02 at 20:22:
Not if they can have access to the data from Google... I think there are backdoors in everything, and what they are concerned with are things that people put together that they don't know about, and therefore are backdoor-free. Things like encrypted mesh networks, for instance, scare the crap out of them
๐ norayr ยท Feb 03 at 00:57:
i think the law doesnt mention what they have access to.
but just by following the law, can they say 'oh, u have a device, let us read, and then, oh it's password protected and the disk is encrypted' or 'oh he refused to open the email and he has encrypted connection to google', what i am saying is that it looks like every australian citizen who owns a smartphone can be blamed in having a devices which has encrypted communication.
๐ stack [OP] ยท Feb 03 at 01:15:
Looking at the language, it looks like they are concerned with things they cannot easily get access to, and devices and systems they can't easily decrypt or even get metadata for.
Encrypted Communication Illegal in Australia... โ Not really news, but I came across an article from a year ago: Police arrested a 22-year-old with cash, drugs, and an encrypted communications device. Never mind the drugs; the state were particularly interested in charging the man with violating the Dedicated Encrypted Criminal Communication Device Prohibition Orders Act 2022. Communication using encryption that makes it hard for law enforcement to intercept the messages is illegal. I was very...
๐ฌ stack ยท 14 comments ยท 1 like ยท Jan 29 ยท 5 months ago