The NSW ICAC has requested the authority to decrypt conversations, seize control of internet accounts, and change and remove data.
The public service watchdog’s submission to Home Affairs’ review of the electronic surveillance framework called for the Surveillance Legislation Amendment (Identify and Disrupt) Act (SLAID Act) and the Telecommunications and Other Legislation Amendment (Assistance and Access) Act to list it as an interception agency.
According to the review’s discussion paper, the goal is to replace the “patchwork” of statutes that regulate how and which law enforcement and security services can intercept and wiretap communications “with a single, simplified, and technology-neutral Act.”
According to ICAC’s statement, the Telecommunications Interception and Obtain Act of 1979 (the TIA Act) defines it as an interception agency, allowing it to access metadata.
However, because it is exempt from the SLAID Act, it cannot take control of a person’s online account or add, copy, remove, or change online material in order to disrupt illegal conduct.
Because it is not covered by the TOLA Act, ICAC cannot access communications received through end-to-end encrypted systems by sending “requests” for voluntary help or “notices” for compulsory assistance to service providers.
In its contribution, ICAC also indicated its disagreement to a plan to strengthen the reporting obligations associated with utilising the TIA Act to get information from media.
Before obtaining this information, authorities are required by the TIA Act to acquire a journalist information warrant.
The safeguard is intended to keep authority from suppressing whistleblowers and public interest journalism.
“The Commission [ICAC] believes that reporting requirements for journalist information warrants are already a burden on agencies.”
