Technology, Thoughts & Trinkets

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Computer network operations and ‘rule-with-law’ in Australia

‘Cyberman’ by Christian Cable (CC BY-NC 2.0) at https://flic.kr/p/3JuvWv

Last month a paper that I wrote with Adam Molnar and Erik Zouave was published by Internet Policy Review. The article, “Computer network operations and ‘rule-with-law’ in Australia,” explores how the Australian government is authorized to engage in Computer Network Operations (CNOs). CNOs refer to government intrusion and/or interference with network information communications infrastructures for the purposes of law enforcement and national security operations.

The crux of our argument is that Australian government agencies are relatively unconstrained in how they can use CNOs. This has come about because of overly permissive, and often outdated, legislative language concerning technology that has been leveraged in newer legislation that expands on the lawful activities which government agencies can conduct. Australian citizens are often assured that existing oversight or review bodies — vis a vis legislative assemblies or dedicated surveillance or intelligence committees — are sufficient to safeguard citizens’ rights. We argue that the laws, as currently written, compel review and oversight bodies to purely evaluate the lawfulness of CNO-related activities. This means that, so long as government agencies do not radically act beyond their already permissive legislative mandates, their oversight and review bodies will assert that their expansive activities are lawful regardless of the intrusive nature of the activities in question.

While the growing capabilities of government agencies’ lawful activities, and limitations of their review and oversight bodies, have commonalities across liberal democratic nations, Australia is in a particularly novel position. Unlike its closest allies, such as Canada, the United States, New Zealand, or the United Kingdom, Australia does not have a formal bill of rights or a regional judicial body to adjudicate on human rights. As we write, “[g]iven that government agencies possess lawful authority to conduct unbounded CNO operations and can seek relatively unbounded warrants instead of those with closely circumscribed limits, the rule of law has become distorted and replaced with rule of law [sic]”.

Ultimately, CNOs represent a significant transformation and growth of the state’s authority to intrude and affect digital information. That these activities can operate under a veil of exceptional secrecy and threaten the security of information systems raises questions about whether the state has been appropriately restrained in exercising its sovereign powers domestically and abroad: these powers have the capability to extend domestic investigations into the computers of persons around the globe, to facilitate intelligence operations that target individuals and millions of persons alike, and to damage critical infrastructure and computer records. As such, CNOs necessarily raise critical questions about the necessity and appropriateness of state activities, while also showcasing the state’s lack of accountability to the population is is charged with serving.

Read the “Computer network operations and ‘rule-with-law’ in Australia” at Internet Policy Review.

Five New Additions to the SIGINT Summaries

Grondstation van de Nationale SIGINT Organisatie (NSO) in Burum, Frysl‚nI have added five new items to the SIGINT Summaries page. The Summaries include downloadable copies of leaked Communications Security Establishment(CSE) documents, along with summary, publication, and original source information.1 CSE is Canada’s foreign signals intelligence agency and has operated since the Second World War.

Documents were often produced by CSE’s closest partners which, collectively, form the ‘Five Eyes’ intelligence network. This network includes the CSE, the National Security Agency (NSA), the Government Communications Headquarters (GCHQ), Australian Signals Directorate (ASD),2 and Government Communications Security Bureau (GCSB)).

All of the documents are available for download from this website. Though I am hosting the documents they were all first published by another party. The new documents and their summaries are listed below. The full list of documents and their summary information is available on the Canadian SIGINT Summaries page.

The new contributions come from documents released by CBC. They cover a range of topics, including extended discussions of the CSE’s domestic and international sensor networks, overviews of challenges facing Information Technology Security (ITS), which is itself responsible for defending government systems and networks, as well as overviews of the cyber threats CSE believed faced the Government of Canada.
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Six New Additions to the SIGINT Summaries

Grondstation van de Nationale SIGINT Organisatie (NSO) in Burum, Frysl‚nI have added six new items to the SIGINT Summaries page. The Summaries include downloadable copies of leaked Communications Security Establishment(CSE) documents, along with summary, publication, and original source information.1 CSE is Canada’s foreign signals intelligence agency and has operated since the Second World War.

Documents were often produced by CSE’s closest partners which, collectively, form the ‘Five Eyes’ intelligence network. This network includes the CSE, the National Security Agency (NSA), the Government Communications Headquarters (GCHQ), Australian Signals Directorate (ASD),2 and Government Communications Security Bureau (GCSB)).

All of the documents are available for download from this website. Though I am hosting the documents they were all first published by another party. The new documents and their summaries are listed below. The full list of documents and their summary information is available on the Canadian SIGINT Summaries page.

The new contributions come from documents released by Der SpiegelThe Intercept, and CBC. They cover a range of topics, including activities undertaken by the Counter Computer Network Exploitation (CCNE) groups at the Communications Security Establishment (CSE), the mass monitoring of file downloads from free file upload sites (e.g. Rapidshare, MegaUpload), as well as enriching UK and Canadian databases using data that foreign nations’ hackers are exfiltrating from targets of interest to the NSA, UK, and Canadians.

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New Additions to the Canadian SIGINT Summaries

Grondstation van de Nationale SIGINT Organisatie (NSO) in Burum, Frysl‚n

I’ve added three new items to the Canadian SIGINT Summaries. The Summaries include downloadable copies of leaked Communications Security Establishment(CSE) documents, along with summary, publication, and original source information.1 CSE is Canada’s foreign signals intelligence agency and has operated since the Second World War.

Documents were often produced by CSE’s closest partners which, collectively, form the ‘Five Eyes’ intelligence network. This network includes the CSE, the National Security Agency (NSA), the Government Communications Headquarters (GCHQ), Australian Signals Directorate (ASD),2 and Government Communications Security Bureau (GCSB)).

All of the documents are available for download from this website. Though I am hosting the documents they were all first published by another party. The new documents and their summaries are listed below. The full list of documents and their summary information is available on the Canadian SIGINT Summaries page. Continue reading

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