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Comment much more permissive warrant regime as well (Score 4, Informative) 86

Material stored for 2 years is the least of it. ASIO wants a much more permissive (weaker ?) warrant regime ...

"Modernise and streamline ASIOâ(TM)s warrant provisions" means fixing these perceived problems:

  • * if there are multiple computers on a premises, and it is only discovered upon entering the premises for the purpose of executing a warrant that a particular computer is not connected to the computer system specified in the warrant, it would be necessary to seek another warrant
  • * A new warrant is required in every instance where there is a significant change in circumstances.
  • * warrants under the ASIO Act currently last for a maximum of six months, except for a search warrant which must be executed within 90 days
  • * the current provisions in the ASIO Act do not enable a warrant to be extended.
  • * In approximately one third of cases more than one ASIO Act warrant type is sought against a particular target. Under the current provisions, this requires the preparation of multiple applications, each reâcasting the available intelligence case to emphasise the relevant facts and grounds to satisfy the different legislative requirements of the various warrant types
  • * Subsection 25A(5) currently restricts ASIO from doing anything under a computer access warrant that adds, deletes or alters data or interferes with, interrupts, or obstructs the lawful use of the target computer by other persons
  • * it is not always feasible to execute a search warrant on a person of interest while they are âat or nearâ(TM) the premises specified in the warrant.
  • * The requirement to maintain a list of the individual names of each officer who may be involved in executing a warrant can create operational inefficiencies for ASIO.

naturally, there are solutions proposed for all these issues !

Comment huge wishlist of new surveillance powers here (Score 4, Informative) 86

"The final terms of reference for the inquiry match the proposals sent to the committee by Roxon, and include the controversial 2 year data retention proposal long urged by Attorney-Generalâ(TM)s bureaucrats. However, the committee has now also published a discussion paper prepared by the Attorney-Generalâ(TM)s Department to commence the inquiry, outlining the rationale for three types of proposals: those the government wants to progress, those it is considering, and those it is merely seeking views on."

Comment Relevant case law on s308H (Score 2) 231

From SALTER v DPP [2008] NSWSC 1325 (5 December 2008)

13 Counsel appearing for the defendant drew attention to a number of prior decisions, albeit on different statutory provisions, those cases including Gilmour v Director of Public Prosecutions (Cth) (1995) 43 NSWLR 243, The Director of Public Prosecutions v Murdoch [1993] 1 VR 406 at 409,410. In that last mentioned case Hayne J said:-

“... Where, as is the case here, the question is whether the entry was with permission, it will be important to identify the entry and to determine whether that entry was within the scope of the permission that had been given. If the permission was not subject to some express or implied limitation which excluded the entry from its scope, then the entry will be with lawful justification but if the permission was subject to an actual express or implied limitation which excluded the actual entry made, then the entry will be “without lawful authority to do so.” ...

In my view the section requires attention to whether the particular entry in question was an entry that was made without lawful authority. In the case of a hacker it will be clear that he has no authority to enter the system. In the case of an employee the question will be whether that employee had authority to affect the entry with which he stands charged. If he has a general and unlimited permission to enter the system then no offence is proved. If however there are limits upon the permission given to him to enter that system it will be necessary to ask was the entry within the scope of that permission? If it was, then no offence was committed; if it was not, then he has entered the system without lawful authority to do so.”

14 The passage has direct application to the situation here.

15 Authorisation to use a computer or authorisation in an entirely different field of law may be general or it may be limited or it may be subject to conditions, and I do not believe that s 308B should be given an operation so as to set at nought that aspect of the general law. As Hayne J said in the passage to which I have referred:-

“If there are limits upon the permission given, it will be necessary to ask was the entry within the scope of that permission?"

------- So, much will depend on the terms that governed the access to the website. Can these be posted ?
PlayStation (Games)

Submission + - Grand Theft Auto IV delayed

An anonymous reader writes: BBC reports that the game, which had been scheduled for release in October ahead of Christmas sales, is now due in mid 2008. Shares in the firm behind popular computer game Grand Theft Auto fell 16% after it said that its latest version of the popular game would be delayed. Take-Two Interactive Software said the late arrival of Grand Theft Auto IV meant it would record an annual loss. Full story:

Submission + - Time travel barriers overcome... (

Samarian Hillbilly writes: "Israeli physicist Amos Ori claims to have overcome many of the theoretical obstacles to time travel. He claims that a space-time warp could "evolve" on it's own with a little bit of a "push". Caveats, travel would only be possible between times that have developed this technology and implemented the infrastructure."


Submission + - The demise of the Nokia E90 communicator

S3D writes: Nokia is not quite famous for the great smartphone design, but in the case of E90 Communicator hardware looks nice. However where Nokia completly failed is software side — the The Register think. The first mistake was replacing business oriented S80 platform with consumer oriented S60. S60 is designed for one-thumb actions — not an adequate choice for full-keyboard communicator. The article go on listing deficiencies and missing features, concluding that Nokia, trying to impress gadget bloggers completely forgot core market of business users. Immature 3rd party application market for Symbian make it unlikely those deficiencies will be fixed.
The Almighty Buck

Why Do Games Sell? 103

simoniker writes "Game designer Pierre-Alexandre Garneau has published a new article compiling a list of factors that make games popular, and although he notes: "The test assumes that the game is good — if it's bad, chances are it won't sell no matter how high it scores on this test," his comparison of GTA 3 and Psychonauts tries to apply common-sense reasoning to why one sold well and the other did not."
The Internet

Submission + - The Pirate Bay launches 'Oscartorrents'

gloom writes: After turning legal threats into entertainment and trying to create a new pirate state, what do you do next? You go for the gold of course. The Pirate Bay has launched — an easy-to-use torrent-site for finding good versions of this years Oscar nominees.

In their own words: "You haven't beaten us, so why not join us? Think of a new business model that doesn't involve overpriced pieces of plastic and skanky cinemas hawking cheap carbohydrates while relying on $6/hr projectionists who can't keep a film in focus — not to mention insulting your audiences by (to pick a few examples) surveilling us with nightvision glasses, searching bags, 30 minutes of commercials and bombarding us with ridiculous anti-piracy propaganda. Take a look at yourselves. Is it really any wonder we're winning?"

No lack of cohones in Sweden, that's for sure.

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