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Australian security intelligence organisation : aSIO

Australian security intelligence organisation : aSIO. Inquiry into potential Reforms of national security legislation: Our stance. The role of ASIO.

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Australian security intelligence organisation : aSIO

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  1. Australian security intelligence organisation: aSIO Inquiry into potential Reforms of national security legislation: Our stance.

  2. The role of ASIO • “To identify and investigate threats to security, wherever they arise, and to provide advice to protect Australia, its people and its interests” (ASIO 2012). • Australian Security Intelligence Organisation Act 1979 outlays the specific agenda to disarm and approach security threats within Australia within appropriate framework (ASIO 2012). • We operates as a direct organisation from the Australian Government, whereby privacy and security is enacted as a benefit of trust for the principal purpose of serving the interests of citizens (Dobbie & Este 2009).

  3. Our stance • The proposals suggested by the inquiry serves the interests of ASIO to ensure threats that impede national security or the safety of Australian citizens are immediately removed. • In a globalised world with continuous telecommunications advancements ASIO are presented with challenges in keeping pace with these new technologies. Therefore, it is crucial for law enforcement agencies and intelligent services to be equipped with contemporary technologies to keep pace. • The Australian Crime Commission’s Future of Organised Criminality Australia 2020 assessment reveals that advancing technologies, highly effective software, ciphers and other methodologies are being increasingly utilised by organised criminals to go undetected by law enforcement (Attorney- General’s Department 2012).

  4. The need for reform • David Irvine (ASIO Director-General of Security) states “Once upon a time, interception was very easy: one telephone to another telephone. Today there are hundreds of different ways of communicating electronically and the law does not cater for those ways in the way it should” (Background Briefing 2012). • A single warrant system is necessary to intercept information on a number of different communicative platforms and networks within a globalised landscape (Background Briefing 2012). • ASIO is not accessing more power through the reforms of the National Security Legislation; the reform rather simply makes it easier for us to intercept warranted information. • The longer the period of time relevant Communications Associated Data (CAD) is available for access, the greater the usefulness and efficacy for our investigations (ASIO 2012).

  5. Ensuring privacy • Regimes should place emphasis on maintaining the privacy of individuals, whilst remaining proportionate to any threat to national security (Inspector General of Intelligence and Security 2012). • ASIO would support the introduction of penalties for misuse of retained data provided that suitable exemptions exist in cases where sensitive operational information must be protected (ASIO 2012). • The independent Inspector-General of Intelligence and Security will continue to monitor and safeguard that ASIO employees act in compliance and with the utmost integrity (Background Briefing 2012). • ASIO acknowledges that many people carry out their private lives in the telecommunications realm- thus all investigative inquiries are currently and will continue to be conducted with specific cause.

  6. Response to concerns • Concerns for increasing period of time that CAD is available- security intelligence agencies should be able to access CAD data for a minimum period of two years to ensure all critical intelligence that may be required to progress an investigation is collected. • Concerns for privacy breaches- as previously mentioned, ASIO does not have the resources nor the intention to conduct prurient inquires into any individual person. • Concerns for internal operations- David Irvine (Director-General of Security) urges one to remember the strict accordance ASIO’s regulations have with the law. • Concerns for increased power-ASIO is not accessing more power through the reforms of the National Security Legislation; the reform rather simply makes it easier for us to intercept warranted information due to expanding technologies.(ASIO 2012)

  7. Assistant to Minister of Defence: • “When it comes to national security, privacy concerns are misplaced. National security exists to protect privacy. By definition national security cannot threaten privacy. What is the value of privacy without national security? Zero.”

  8. Reference list • ASIO 2012, Inquiry into potential reforms of National Security Legislation, Submission No. 209, Parliamentary Joint Committee on Intelligence and Security, Canberra, viewed 24 October 2012, <http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/subs/sub%20209.pdf>. • Attorney-General’s Department 2012, Equipping Australia Against Emerging and Evolving Threats, July 2012, Commonwealth of Australia, Canberra. • Background Briefing: For Their Eyes Only, radio program, ABC Radio National, Sydney, 21 October 2012. • Dobbie, M. and Este, J. 2009, Secrecy and red tape: the state of press freedom in Australia, Media Entertainment and Arts Alliance, Sydney.

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