Re:Surveilance bill rushed through Australian parliament in ...
by samtheprogram on Tuesday August 31, 2021 @05:35PM
(#28373991)
> tampering with evidence is not included and still forbidden
> What is allowed here, is hacking for the police. That necessarily can include changing files on the target computers (e.g. deleting logs)
How is this not tampering with evidence?
Re:Surveilance bill rushed through Australian parliament in ...
by hutzlibu on Wednesday September 01, 2021 @02:26AM
(#28376945)
Not everything is evidence.
When there is an email on the computer that will be used as a proof - then why is this been tampered with, if just a system log was altered?
Courts are usually very strict to only allow "clean" evidence. Cases have been thrown totally over, because of a minor fuckup of police. It is all a question of how it is implemented and used. And sure, it is a very extreme thing and sadly the use case "only for serious crime" is in danger of soon to be applied to allmost anything.
What is allowed here, is hacking for the police. That necessarily can include changing files on the target computers (e.g. deleting logs) - this is the way I read this. And I would see the point in it - if it really only get applied in serious crimes like terrorism to catch the whole network for example. (back to trust)
But yes, it maybe makes it more easy to tamper undetected with evidence in sneaky ways, but not if for example you would log the hacking activities by default of the police. In fact, I strongly believe that this should be done, but doubt, it will be.