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senate vote 2014-09-25#4

Edited by mackay

on 2014-11-14 11:51:48

Title

Description

  • The majority opposed [putting a limit](http://www.openaustralia.org/senate/?gid=2014-09-25.89.1) on the extent that computers that can be the subject of a warrant by [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO), which was proposed by Liberal Democratic Senator [David Leyonhjelm](https://theyvoteforyou.org.au/people/senate/nsw/david_leyonhjelm) (read his [full explanation](http://www.openaustralia.org/senate/?gid=2014-09-25.89.1) of his amendment).
  • The majority opposed [putting a limit](http://www.openaustralia.org/senate/?gid=2014-09-25.89.1) on the extent that computers can be the subject of a warrant by [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO), which was proposed by Liberal Democratic Senator [David Leyonhjelm](https://theyvoteforyou.org.au/people/senate/nsw/david_leyonhjelm) (read his [full explanation](http://www.openaustralia.org/senate/?gid=2014-09-25.89.1) of his amendment).
  • ###Background to the bill
  • After the [major counter-terrorism raids](http://www.abc.net.au/news/2014-09-18/authorities-thwart-beheading-plot-in-australias-biggest-raid/5754276) in Sydney and Brisbane, Prime Minister [Tony Abbott](https://theyvoteforyou.org.au/people/representatives/warringah/tony_abbott) said that the balance between freedom and security had to shift (see [ABC News](http://www.abc.net.au/news/2014-09-22/abbott-warns-of-shifting-balance-freedom-security/5760818)). This bill is part of that change.
  • The bill also [seems to be a response](http://www.abc.net.au/news/2014-08-15/bureaucrats-attempt-to-calm-fears-over-media-spy-laws/5674526) to American [Edward Snowden](http://en.wikipedia.org/wiki/Edward_Snowden) leaking classified American intelligence information last year.
  • Read the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019) for more information about the bill.
  • Read the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019) for more information about the bill.
senate vote 2014-09-25#4

Edited by mackay

on 2014-11-14 11:50:52

Title

Description

  • The majority voted against an [amendment](http://www.openaustralia.org/senate/?gid=2014-09-25.89.1) moved by Liberal Democratic Senator [David Leyonhjelm](http://publicwhip-rails.openaustraliafoundation.org.au/members/senate/nsw/david_leyonhjelm), which means that it was rejected.
  • The majority opposed [putting a limit](http://www.openaustralia.org/senate/?gid=2014-09-25.89.1) on the extent that computers that can be the subject of a warrant by [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO), which was proposed by Liberal Democratic Senator [David Leyonhjelm](https://theyvoteforyou.org.au/people/senate/nsw/david_leyonhjelm) (read his [full explanation](http://www.openaustralia.org/senate/?gid=2014-09-25.89.1) of his amendment).
  • The amendment related to how many computers can be the subject of a warrant by [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO). Senator Leyonhjelm explained that the amendment limits the number by stating "that a computer access warrant under section 25A authorises access to a computer only to the extent necessary to collect intelligence in respect of the security matter specified in the warrant".(Read Senator Leyonhjelm's full explanation of his amendment [here](http://www.openaustralia.org/senate/?gid=2014-09-25.89.1). )
  • ###Background to the bill
  • _Background to the bill_
  • After the [major counter-terrorism raids](http://www.abc.net.au/news/2014-09-18/authorities-thwart-beheading-plot-in-australias-biggest-raid/5754276) in Sydney and Brisbane, Prime Minister [Tony Abbott](https://theyvoteforyou.org.au/people/representatives/warringah/tony_abbott) said that the balance between freedom and security had to shift (see [ABC News](http://www.abc.net.au/news/2014-09-22/abbott-warns-of-shifting-balance-freedom-security/5760818)). This bill is part of that change.
  • The [bill](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969) is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [Parliamentary Joint Committee on Intelligence and Security](http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security)'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).(Read the 2013 PJCIS Report [here](http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm#). )
  • The bill also [seems to be a response](http://www.abc.net.au/news/2014-08-15/bureaucrats-attempt-to-calm-fears-over-media-spy-laws/5674526) to American [Edward Snowden](http://en.wikipedia.org/wiki/Edward_Snowden) leaking classified American intelligence information last year.
  • The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [Edward Snowden](http://en.wikipedia.org/wiki/Edward_Snowden). This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.(Read more about this background context to the bill in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019). )
  • The bill amends the [Australian Security Intelligence Organisation Act 1979](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation_Act_1979) (ASIO Act) and the [Intelligence Services Act 2001](http://en.wikipedia.org/wiki/Intelligence_Services_Act_2001) (IS Act). Key amendments include:
  • - modernising and streamlining the intelligence collection powers of the [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO);
  • - enabling the [Australian Secret Intelligence Service](http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service) (ASIS) to collect intelligence on Australian persons involved in activities in relation to operational security;
  • - enabling ASIS to cooperate with ASIO without ministerial authorisation when undertaking certain intelligence collection activities;
  • - enabling ASIS to train certain individuals in the use of weapons and self-defence techniques; and
  • - updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.
  • (Read more about these amendments, and others, in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019).)
  • Read the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019) for more information about the bill.
senate vote 2014-09-25#4

Edited by mackay

on 2014-10-09 13:43:56

Title

Description

  • The majority voted against an [amendment](http://www.openaustralia.org/senate/?gid=2014-09-25.89.1) moved by Liberal Democratic Senator [David Leyonhjelm](http://publicwhip-rails.openaustraliafoundation.org.au/members/senate/nsw/david_leyonhjelm), which means that it was rejected.
  • The amendment related to how many computers can be the subject of a warrant by [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO). Senator Leyonhjelm explained that the amendment limits the number by stating "that a computer access warrant under section 25A authorises access to a computer only to the extent necessary to collect intelligence in respect of the security matter specified in the warrant".(Read Senator Leyonhjelm's full explanation of his amendment [here](http://www.openaustralia.org/senate/?gid=2014-09-25.89.1). )
  • _Background to the bill_
  • The [bill](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969) is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [Parliamentary Joint Committee on Intelligence and Security](http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security)'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).(Read the 2013 PJCIS Report [here](http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm#). )
  • The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [Edward Snowden](http://en.wikipedia.org/wiki/Edward_Snowden). This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.(Read more about this background context to the bill in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019). )
  • The bill amends the [Australian Security Intelligence Organisation Act 1979](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation_Act_1979) (ASIO Act) and the [Intelligence Services Act 2001](http://en.wikipedia.org/wiki/Intelligence_Services_Act_2001) (IS Act). Key amendments include:
  • - modernising and streamlining the intelligence collection powers of the [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO);
  • - enabling the [Australian Secret Intelligence Service](http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service) (ASIS) to collect intelligence on Australian persons involved in activities in relation to operational security;
  • - enabling ASIS to cooperate with ASIO without ministerial authorisation when undertaking certain intelligence collection activities;
  • - enabling ASIS to train certain individuals in the use of weapons and self-defence techniques; and
  • - updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.(Read more about these amendments, and others, in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019).)
  • The majority voted against an [amendment](http://www.openaustralia.org/senate/?gid=2014-09-25.89.1) moved by Liberal Democratic Senator [David Leyonhjelm](http://publicwhip-rails.openaustraliafoundation.org.au/members/senate/nsw/david_leyonhjelm), which means that it was rejected.
  • The amendment related to how many computers can be the subject of a warrant by [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO). Senator Leyonhjelm explained that the amendment limits the number by stating "that a computer access warrant under section 25A authorises access to a computer only to the extent necessary to collect intelligence in respect of the security matter specified in the warrant".(Read Senator Leyonhjelm's full explanation of his amendment [here](http://www.openaustralia.org/senate/?gid=2014-09-25.89.1). )
  • _Background to the bill_
  • The [bill](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969) is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [Parliamentary Joint Committee on Intelligence and Security](http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security)'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).(Read the 2013 PJCIS Report [here](http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm#). )
  • The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [Edward Snowden](http://en.wikipedia.org/wiki/Edward_Snowden). This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.(Read more about this background context to the bill in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019). )
  • The bill amends the [Australian Security Intelligence Organisation Act 1979](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation_Act_1979) (ASIO Act) and the [Intelligence Services Act 2001](http://en.wikipedia.org/wiki/Intelligence_Services_Act_2001) (IS Act). Key amendments include:
  • - modernising and streamlining the intelligence collection powers of the [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO);
  • - enabling the [Australian Secret Intelligence Service](http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service) (ASIS) to collect intelligence on Australian persons involved in activities in relation to operational security;
  • - enabling ASIS to cooperate with ASIO without ministerial authorisation when undertaking certain intelligence collection activities;
  • - enabling ASIS to train certain individuals in the use of weapons and self-defence techniques; and
  • - updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.
  • (Read more about these amendments, and others, in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019).)
senate vote 2014-09-25#4

Edited by system

on 2014-10-07 16:22:33

Title

Description

  • The majority voted against an [http://www.openaustralia.org/senate/?gid=2014-09-25.89.1 amendment] moved by Liberal Democratic Senator [http://publicwhip-rails.openaustraliafoundation.org.au/members/senate/nsw/david_leyonhjelm David Leyonhjelm], which means that it was rejected.
  • The amendment related to how many computers can be the subject of a warrant by [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation Australian Security Intelligence Organisation] (ASIO). Senator Leyonhjelm explained that the amendment limits the number by stating "that a computer access warrant under section 25A authorises access to a computer only to the extent necessary to collect intelligence in respect of the security matter specified in the warrant".(Read Senator Leyonhjelm's full explanation of his amendment [http://www.openaustralia.org/senate/?gid=2014-09-25.89.1 here]. )
  • ''Background to the bill''
  • The [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969 bill] is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security Parliamentary Joint Committee on Intelligence and Security]'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).(Read the 2013 PJCIS Report [http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm# here]. )
  • The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [http://en.wikipedia.org/wiki/Edward_Snowden Edward Snowden]. This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.(Read more about this background context to the bill in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest]. )
  • The bill amends the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation_Act_1979 Australian Security Intelligence Organisation Act 1979] (ASIO Act) and the [http://en.wikipedia.org/wiki/Intelligence_Services_Act_2001 Intelligence Services Act 2001] (IS Act). Key amendments include:
  • * modernising and streamlining the intelligence collection powers of the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation Australian Security Intelligence Organisation] (ASIO);
  • * enabling the [http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service Australian Secret Intelligence Service] (ASIS) to collect intelligence on Australian persons involved in activities in relation to operational security;
  • * enabling ASIS to cooperate with ASIO without ministerial authorisation when undertaking certain intelligence collection activities;
  • * enabling ASIS to train certain individuals in the use of weapons and self-defence techniques; and
  • * updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.(Read more about these amendments, and others, in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest].)
  • The majority voted against an [amendment](http://www.openaustralia.org/senate/?gid=2014-09-25.89.1) moved by Liberal Democratic Senator [David Leyonhjelm](http://publicwhip-rails.openaustraliafoundation.org.au/members/senate/nsw/david_leyonhjelm), which means that it was rejected.
  • The amendment related to how many computers can be the subject of a warrant by [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO). Senator Leyonhjelm explained that the amendment limits the number by stating "that a computer access warrant under section 25A authorises access to a computer only to the extent necessary to collect intelligence in respect of the security matter specified in the warrant".(Read Senator Leyonhjelm's full explanation of his amendment [here](http://www.openaustralia.org/senate/?gid=2014-09-25.89.1). )
  • _Background to the bill_
  • The [bill](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969) is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [Parliamentary Joint Committee on Intelligence and Security](http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security)'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).(Read the 2013 PJCIS Report [here](http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm#). )
  • The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [Edward Snowden](http://en.wikipedia.org/wiki/Edward_Snowden). This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.(Read more about this background context to the bill in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019). )
  • The bill amends the [Australian Security Intelligence Organisation Act 1979](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation_Act_1979) (ASIO Act) and the [Intelligence Services Act 2001](http://en.wikipedia.org/wiki/Intelligence_Services_Act_2001) (IS Act). Key amendments include:
  • - modernising and streamlining the intelligence collection powers of the [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO);
  • - enabling the [Australian Secret Intelligence Service](http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service) (ASIS) to collect intelligence on Australian persons involved in activities in relation to operational security;
  • - enabling ASIS to cooperate with ASIO without ministerial authorisation when undertaking certain intelligence collection activities;
  • - enabling ASIS to train certain individuals in the use of weapons and self-defence techniques; and
  • - updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.(Read more about these amendments, and others, in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019).)
senate vote 2014-09-25#4

Edited by system

on 2014-10-07 16:17:02

Title

Description

  • The majority voted against an [http://www.openaustralia.org/senate/?gid=2014-09-25.89.1 amendment] moved by Liberal Democratic Senator [http://publicwhip-rails.openaustraliafoundation.org.au/members/senate/nsw/david_leyonhjelm David Leyonhjelm], which means that it was rejected.
  • The amendment related to how many computers can be the subject of a warrant by [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation Australian Security Intelligence Organisation] (ASIO). Senator Leyonhjelm explained that the amendment limits the number by stating "that a computer access warrant under section 25A authorises access to a computer only to the extent necessary to collect intelligence in respect of the security matter specified in the warrant".[1]
  • The amendment related to how many computers can be the subject of a warrant by [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation Australian Security Intelligence Organisation] (ASIO). Senator Leyonhjelm explained that the amendment limits the number by stating "that a computer access warrant under section 25A authorises access to a computer only to the extent necessary to collect intelligence in respect of the security matter specified in the warrant".(Read Senator Leyonhjelm's full explanation of his amendment [http://www.openaustralia.org/senate/?gid=2014-09-25.89.1 here]. )
  • ''Background to the bill''
  • The [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969 bill] is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security Parliamentary Joint Committee on Intelligence and Security]'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).[2]
  • The [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969 bill] is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security Parliamentary Joint Committee on Intelligence and Security]'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).(Read the 2013 PJCIS Report [http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm# here]. )
  • The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [http://en.wikipedia.org/wiki/Edward_Snowden Edward Snowden]. This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.[3]
  • The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [http://en.wikipedia.org/wiki/Edward_Snowden Edward Snowden]. This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.(Read more about this background context to the bill in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest]. )
  • The bill amends the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation_Act_1979 Australian Security Intelligence Organisation Act 1979] (ASIO Act) and the [http://en.wikipedia.org/wiki/Intelligence_Services_Act_2001 Intelligence Services Act 2001] (IS Act). Key amendments include:
  • * modernising and streamlining the intelligence collection powers of the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation Australian Security Intelligence Organisation] (ASIO);
  • * enabling the [http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service Australian Secret Intelligence Service] (ASIS) to collect intelligence on Australian persons involved in activities in relation to operational security;
  • * enabling ASIS to cooperate with ASIO without ministerial authorisation when undertaking certain intelligence collection activities;
  • * enabling ASIS to train certain individuals in the use of weapons and self-defence techniques; and
  • * updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.[4]
  • * updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.(Read more about these amendments, and others, in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest].)
  • ''References''
  • * [1] Read Senator Leyonhjelm's full explanation of his amendment [http://www.openaustralia.org/senate/?gid=2014-09-25.89.1 here].
  • * [2] Read the 2013 PJCIS Report [http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm# here].
  • * [3] Read more about this background context to the bill in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest].
  • * [4] Read more about these amendments, and others, in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest].
senate vote 2014-09-25#4

Edited by mackay

on 2014-10-02 11:46:27

Title

  • Bills — National Security Legislation Amendment Bill (No. 1) 2014; in Committee
  • National Security Legislation Amendment Bill (No. 1) 2014 - in Committee - Limit access to computers to extent necessary

Description

  • <p class="speaker">Gavin Marshall</p>
  • <p>The committee is considering the National Security Legislation Amendment Bill (No. 1) 2014 and amendment (1) on sheet 7579, moved by Senator Leyonhjelm.</p>
  • <p class="speaker">David Leyonhjelm</p>
  • The majority voted against an [http://www.openaustralia.org/senate/?gid=2014-09-25.89.1 amendment] moved by Liberal Democratic Senator [http://publicwhip-rails.openaustraliafoundation.org.au/members/senate/nsw/david_leyonhjelm David Leyonhjelm], which means that it was rejected.
  • The amendment related to how many computers can be the subject of a warrant by [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation Australian Security Intelligence Organisation] (ASIO). Senator Leyonhjelm explained that the amendment limits the number by stating "that a computer access warrant under section 25A authorises access to a computer only to the extent necessary to collect intelligence in respect of the security matter specified in the warrant".[1]
  • ''Background to the bill''
  • The [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969 bill] is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security Parliamentary Joint Committee on Intelligence and Security]'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).[2]
  • The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [http://en.wikipedia.org/wiki/Edward_Snowden Edward Snowden]. This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.[3]
  • The bill amends the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation_Act_1979 Australian Security Intelligence Organisation Act 1979] (ASIO Act) and the [http://en.wikipedia.org/wiki/Intelligence_Services_Act_2001 Intelligence Services Act 2001] (IS Act). Key amendments include:
  • * modernising and streamlining the intelligence collection powers of the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation Australian Security Intelligence Organisation] (ASIO);
  • * enabling the [http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service Australian Secret Intelligence Service] (ASIS) to collect intelligence on Australian persons involved in activities in relation to operational security;
  • * enabling ASIS to cooperate with ASIO without ministerial authorisation when undertaking certain intelligence collection activities;
  • * enabling ASIS to train certain individuals in the use of weapons and self-defence techniques; and
  • * updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.[4]
  • ''References''
  • * [1] Read Senator Leyonhjelm's full explanation of his amendment [http://www.openaustralia.org/senate/?gid=2014-09-25.89.1 here].
  • * [2] Read the 2013 PJCIS Report [http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm# here].
  • * [3] Read more about this background context to the bill in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest].
  • * [4] Read more about these amendments, and others, in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest].
  • <p>The issue under consideration at the moment is how much access ASIO should have under a single warrant in terms of a computer network. We have heard from Senator Ludlam in relation to his amendment, which was about 20 computers. That amendment was not approved.</p>
  • <p>My amendment does not seek to constrain ASIO with respect to the number of computers, but it does seek to restrain ASIO with respect to what it might do with such access. It adopts the wording that was included in the explanatory memorandum and seeks to incorporate it into the bill, bearing in mind that the bill is the legislation, not the EM. I can see no reason why the government and the opposition would not support the incorporation of the language in the EM into the bill. What it says is:</p>
  • <p class="italic">Despite anything in section 25A, a computer access warrant issued under that section may authorise access to a computer&#8212;</p>
  • <p>and, in that context, 'a computer' refers to a computer network, which is the point of contention&#8212;</p>
  • <p class="italic">only to the extent necessary to collect intelligence in respect of the security matter specified in the warrant.</p>
  • <p>It is a modest amendment and it simply incorporates in the bill what was incorporated in the explanatory memorandum. It was, in fact, recommended by the joint committee.</p>
  • <p class="speaker">George Brandis</p>
  • <p>The government does not support this amendment. There are sufficient limitations in the existing authorisation requirements in section 25A(2) and section 25A(4). Section 25A(2) provides that the minister can only issue a warrant if satisfied that there are reasonable grounds for believing that access by ASIO to a computer will substantially assist the collection of intelligence in respect of a security matter as specified in the warrant request.</p>
  • <p>Section 25A(4) provides that the minister may authorise certain activities if he or she considers it appropriate. One such activity is using the computer to obtain data that is relevant to the security matter in respect of which the warrant is issued. This means that any computer access must be for the purpose of collecting intelligence relevant to a particular security matter and not to some general or abstract notion of security. In addition, the minister could cause warrants subject to conditions which might further limit access if considered necessary or appropriate in particular operational circumstances. The proposed necessary test would impose a de facto last resort requirement significantly and inappropriately limiting the utility of ASIO's computer access warrants. The access would need to be essential or critical to collect the information relevant to the security matter. It would mean ASIO may be unable to access a computer or part of a computer because other methods of collecting intelligence relevant to the security matter exist, even though these methods may be less effective and carry a higher operational risk. This matter was considered extensively by the Parliamentary Joint Committee on Intelligence and Security. That committee came to the view, unanimously, that there was not a need to amend the legislation in this respect. However, it did, by recommendation 3, recommend that consideration be given to including extra material in the explanatory memorandum. As set out in the government's response to the committee's report, which I released last week, the government has accepted that recommendation.</p>
  • <p>Additional material has been included in the replacement explanatory memorandum to make clear that the thresholds for the issuing of computer access warrants and the authorisation of activities under those warrants are limited to those activities which are carried out for the purpose of collecting intelligence in respect of a specific security matter as set out in the warrant request. Might I refer you, Senator, to pages 75 to 76 of the replacement explanatory memorandum which deals with the matter.</p>
  • <p class="speaker">Scott Ludlam</p>
  • <p>I was waiting for an indication from the opposition. I put on the record my support, and the support of the Australian Greens, for the amendment which Senator Leyonhjelm has explained. It is obviously tackling the issue in a different way to that which the Australian Greens sought to do. Bear in mind the context. With the changes that the government has built into this bill and in negativing the Australian Greens amendment of a short time ago, effectively ASIO will now, on passage of this legislation, be empowered to access third-party computers that have no direct relationship to a particular operation and to cause disruption to that computer. We have tended to craft or phrase the debate in terms of intrusion or surveillance or monitoring of traffic that is passing over a network or through a particular device.</p>
  • <p>Obviously, with computer equipment, it is quite a bit more technical than that. These warrants will allow ASIO, or those working for ASIO, to modify these computers, to delete files, to install malware, to seek higher levels of user access and to impersonate people&#8212;not only on a particular specified device but, as I think we have well and truly established, on any device that it is connected to or is considered to be in a relationship with. The physical equivalent is if ASIO served a warrant to enter a particular house for a legitimate reason that also allowed them to enter any other house in the street or any other house in the country, actually, completely arbitrarily. That is certainly why the Australian Greens would support the amendment that obviously does not tackle the open-endedness&#8212;the government and the opposition have combined their numbers to leave that open-endedness on the statute books&#8212;but it will at least, as Senator Leyonhjelm has identified, further circumscribe the uses to which these warrants can be put. For that reason, we will be supporting it.</p>
  • <p class="speaker">Jacinta Collins</p>
  • <p>Senator Ludlam, in terms of the opposition position, it remains as it was for the previous amendment. I think I indicated on that occasion that our position would be fairly consistent throughout all of the amendments, which is that we are confident that the intelligence committee has reviewed the bill thoroughly and that no additional amendments beyond those recommended by the committee are required. I should indicate further, though, that this is the first tranche of national security legislation. Matters that might arise subsequent to the considerations of the intelligence committee can obviously be considered further by that committee and, indeed, by referral to the legal and constitutional committee, which I think occurred today with respect to that second tranche.</p>
  • <p>The CHAIRMAN: The question is that amendment No. 1 on sheet 7579 moved by Senator Leyonhjelm be agreed to.</p>
  • <p>The committee divided. [18:49]</p>
  • <p>(The Chairman&#8212;Senator Marshall)</p>
  • <p>Question negatived.</p>