[Infowarrior] - NSW to allow secret searches, hacking

[Richard Forno]

NSW to allow secret searches, hacking

Posted Wed Mar 4, 2009 11:34am AEDT
Updated Wed Mar 4, 2009 3:09pm AEDT

http://www.abc.net.au/news/stories/2009/03/04/2507007.htm

New South Wales Police are being given sweeping new powers to search  
people's homes and hack into their computers for up to three years  
without their knowledge.

The State Government admits police have already used the measures,  
even though the Supreme Court ruled the practices unlawful in 2006.

The Government says new legislation, to be introduced into Parliament  
today, will ensure police evidence collected using the practices will  
hold up in court.

Police Minister Tony Kelly says the reforms will allow police to  
collect enough evidence for a prosecution without tipping off criminals.

Mr Kelly says all applications for the covert search warrant will have  
to go before a Supreme Court judge.

He says a judge would initially authorise the search to be kept secret  
for up to six months but police could apply for notification to be  
delayed for up to 18 months, or three years in exceptional  
circumstances.

"For particularly anybody who's involved in crime or criminal  
activity, the police will now be able to undertake investigations and  
gather evidence before you know it," he said.

"So anybody who's involved in serious crime, the police will now be  
able to get on to you, even go into your computer."

Police have welcomed the new laws but Australian Council for Civil  
Liberties president Terry O'Gorman says they are open to abuse.

"Clearly, if the police are able to search a person's home without  
anyone being present, the police will be in the position to plant  
evidence," he said.

"That's a big worry. This particular announcement today extends police  
powers hugely without putting in any checks and balances against those  
powers being abused."

The laws will apply to offences punishable by at least seven years'  
jail, including drugs and firearms offences, homicide, kidnapping,  
assault, money laundering, hacking, organised theft and corruption.