Re:Australian parliament passes encryption laws unamended
by cyphar on Thursday December 06, 2018 @10:40AM
(#18618906)
No, the new law has no judicial review and has a few other things that wouldn't fly in the US. It's markedly worse (though don't get me wrong, the US definitely has it pretty bad in this area too).
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Re:Australian parliament passes encryption laws unamended
by girvo on Friday December 07, 2018 @10:07AM
(#18628236)
You say that like FISA Courts are actually judicial review and not rubbing stamps... where you win is that you have a stronger set of rights and case law about it.
Re:Australian parliament passes encryption laws unamended
by cyphar on Friday December 07, 2018 @01:14PM
(#18630033)
The difference is that there isn't even fake judicial review. And I disagree that we have a stronger set of rights -- the difference is that the NSA explicitly ignores your constitutional rights.
All of our rights (other than the right to a jury for certain criminal trials, freedom of religion, the aquisition of property must be 'on just terms', the right to be a senator if you can vote, and the right to vote in federal elections) are in common law. This means that any new law can overturn those interpretations.
Personally I think Australia needs to push for a constitutional bill of rights. Unfortunately this is going to be a very hard battle to win, given the enormous requirements to get a constitutional amendment passed.