The Minns government is set to introduce new laws into New South Wales parliament, so that the power NSW police has to require people to provide access to their digital devices, in order to a facilitate scan and download of their content on execution of a warrant and at threat of prison, is available during more routine arrests, roadside stops and other lawful detentions.
The October 2022-enacted digital evidence access order regime provides that police can obtain a DEAO when executing search and crime scene warrants, and if the subject of the order refuses this, then it’s an offence carrying up to 5 years prison time. And as the section containing this criminal offence notes, this measure overrides the common law right against self-incrimination.
However, once NSW police officers have obtained access to a suspect’s phone, they don’t simply scroll through the owner’s latest social media posts, as rather, they employ a device and software developed by Israeli digital forensics company Cellebrite that once connected to a civilian’s phone downloads its entire content, including all deleted messages and images.
Nek minute, it’s illegal not to have your
ID cardphone on you at all times.I feel like I’m missing info here. Do they need a warrant for this? Or is this some weird thing where they are able to arbitrarily generate a warrant to do this as needed?
I wonder if graphene will end up having a minimalist shadow profile that you can log into full of benign text and stock photos. The danger here is that cellbright might might find a way to escape that I guess.
Do they need a warrant for this? Or is this some weird thing where they are able to arbitrarily generate a warrant to do this as needed?
It says in the first paragraph
The Minns government is set to introduce new laws into New South Wales parliament, so that the power NSW police has to require people to provide access to their digital devices, in order to a facilitate scan and download of their content on execution of a warrant and at threat of prison, is available during more routine arrests, roadside stops and other lawful detentions.
Reading through the article it kind of sounded like they currently need a warrant but they’re looking to change it to a free-for-all. Though I may be wrong because it is kind of confusing.
Probably deliberately confusing. They assume we know what a DEAO is for one.
https://catronsimmons.com.au/digital-evidence-access-orders/
This was somewhat helpful. Right now it needs to be as part of a court issued warrant.
Honestly, decriminalisation of drugs will solve 90% of the shit they are trying to fight.
It does say what a DEAO is in the second paragraph.
What sort of hellish, dystopian 1984 are we becoming?
I remember people used to be horrified about the lack of rights and excessive powers in China, and meanwhile the politicos are “That sounds great! Let’s get it running ASAP!”
Time to set those Duress passcodes and “Erase on incorrect passcode.”
Also memorise how to quickly disable biometric login.
Fuck Minns he’s been nothing but a totalitarian prick even to the point of the NSW High Court ruling their anti-protest laws were unconstitutional.
