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Re:Microsoft says encryption laws make companies wary of sto... by kdtsh on Wednesday March 27, 2019 @06:27PM (#19506803)
People have a legal right to both personal and private property under Australian law. I’m not sure where you got that idea.
Re:Microsoft says encryption laws make companies wary of sto... by ausd123 on Wednesday March 27, 2019 @06:46PM (#19506978)
I'm interested to know what the farmers whose properties get taken by mining companies have to say about that.

Though genuinely unsure and curious as to whether that's a separate legal (or perhaps media reporting) issue.

Re:Microsoft says encryption laws make companies wary of sto... by kirrent on Wednesday March 27, 2019 @10:28PM (#19508621)
It's like you haven't even seen The Castle, where this very constitutional issue is discussed. Acquisition of property must be on just terms with suitable compensation. Similar to the US 5th amendment.
Re:Microsoft says encryption laws make companies wary of sto... by ausd123 on Wednesday March 27, 2019 @11:04PM (#19508826)
While I agree with you in theory, it's worth remembering the only reason The Castle has a happy ending is because someone who was already wealthy offered to help out people (for free) who weren't.
Re:Microsoft says encryption laws make companies wary of sto... by jacques_chester on Wednesday March 27, 2019 @07:38PM (#19507426)
Well two things here.

The first is that a lot of agricultural land is leasehold, not freehold.

The second is that below a certain depth, the Crown owns what's underground and has the right to go through your property to get to its property, whether directly or by leasing it to a mining company.

Re:Microsoft says encryption laws make companies wary of sto... by spydum on Wednesday March 27, 2019 @06:53PM (#19507044)
To be fair this isn’t solved via constitutional rights in the US either - look up eminent domain law.
Re:Microsoft says encryption laws make companies wary of sto... by int_19h on Thursday March 28, 2019 @12:45AM (#19509351)
Better yet, look up "mineral rights". It actually comes up a lot in private house sales.
Re:Microsoft says encryption laws make companies wary of sto... by kdtsh on Wednesday March 27, 2019 @06:58PM (#19507097)
This happens in a lot of countries and is a problem. That doesn’t mean that rights to private/personal property aren’t guaranteed by law in Australia, just that the law is skirted by monied interests. The farmers you talk about would likely be able to fight this in court if they had means - but such is the nature of late capitalism, money buys you political power and legal clout.
Re:Microsoft says encryption laws make companies wary of sto... by zaphirplane on Wednesday March 27, 2019 @06:58PM (#19507090)
The comment was referring to privacy presumably search and enter

On an aside it appears Australia has done away with the self incrimination protection laws Is that a right in most democratic countries?

Re:Microsoft says encryption laws make companies wary of sto... by kdtsh on Wednesday March 27, 2019 @07:27PM (#19507332)
I’m sure an argument can be made that privacy extends from property, but that argument would have to be fleshed our and defended - I’m not sure I can accept at face value a point about there not being a right to property in Australia (essentially incorrect) because privacy is being eroded (which in any case sounds like faulty reasoning).

I’m fairly certain it’s still the case that you can’t be compelled to incriminate yourself in a court. Of course you have clearly unjust laws like those concerning the Building/Construction Commission in which an ad hoc court can compel you to give evidence against yourself, but this is an abberation which has not had the opportunity to be challenged in the High Court AFAIK, and it will likely be abolished when Labor comes back into power.

Re:Microsoft says encryption laws make companies wary of sto... by danieltillett on Wednesday March 27, 2019 @09:59PM (#19508445)
You can be compelled to give evidence against yourself in a royal commission. This is one of the reasons royal commissions are popular - that and they employ an army of lawyers and QCs.
Re:Microsoft says encryption laws make companies wary of sto... by kdtsh on Wednesday March 27, 2019 @10:50PM (#19508748)
I suppose what I meant to say was ‘in a criminal case’. You can be compelled to give evidence against yourself in non-criminal cases in the US too, the fifth amendment provides for protection only in criminal cases. I’m not sure if you can be compelled to give evidence against yourself in criminal cases in Australia, but in any case, royal commissions are not criminal cases, they’re commissions with quasi-judicial Powers (mainly because they have the power to compel people to do produce evidence, etc.)
Re:Microsoft says encryption laws make companies wary of sto... by danieltillett on Thursday March 28, 2019 @01:21AM (#19509491)
No you can’t be compelled to give evidence against yourself in a normal criminal case. You can be compelled to give evidence in a royal commission hearing and that evidence can be used to prosecute you in a subsequent criminal case.
Re:Microsoft says encryption laws make companies wary of sto... by zaphirplane on Thursday March 28, 2019 @08:33AM (#19511521)
https://www.google.com.au/amp/s/www.lawyersweekly.com.au/pol...

“Section 6DD of the Act provides that, where a witness is compelled by a summons to give evidence to the Royal Commission, that evidence isn’t admissible against a natural person in any civil or criminal proceedings in any court of the Commonwealth, or of a state or territory. It is, however, admissible against a corporation. ”

Re:Microsoft says encryption laws make companies wary of sto... by danieltillett on Thursday March 28, 2019 @06:33PM (#19517317)
Interesting. There is this very relevant paragraph which makes the immunity rather moot.

However, evidential immunity under s 6DD doesn’t protect clients (who have been compelled to give evidence to the Royal Commission) from a regulator, such as ASIC, using their evidence as a springboard to gather secondary or derivative evidence, and using that derivative evidence against them.

Re:Microsoft says encryption laws make companies wary of sto... by kdtsh on Thursday March 28, 2019 @06:39AM (#19510906)
Source? I'd guess that that evidence would be inadmissible in a criminal case.