In this episode of the Technology & Security podcast, host Dr. Miah Hammond-Errey is joined by the Australian Independent National Security Legislation Monitor, Jake Blight. We explore a paradigm shift in our understanding of electronic surveillance, whether the moment of interception is still the most the invasive point of interception in a digital era– the current legal basis. Or, if digital tech and AI have changed processing, disclosure and sharing to the extent that the retention, analysis and dissemination of intelligence has greater significance. We explore the implications of the "mosaic effect" on public interest immunity cases – and why it can’t extent to criminal law

We discuss the sheer complexity and volume of national security laws in Australia, including secrecy offences and law reform. We discuss how powerful–and unique- data disruption, intel gathering and account takeover warrants in the Surveillance Legislation Amendment Identify and Disruption Act 2021 are. We discuss the INSLM review of the definition of terrorism and what it includes, as well as how the offence of preparing to commit terrorism acts have been applied to foreign interference and espionage offences, exploring the subtle distinctions between influence and interference. 

Tune in for a thought-provoking examination of the intersections between national security law, technology, and intelligence in safeguarding democratic values. Jake Blight is the Independent National Security Legislation Monitor (INSLM). He has practiced in the field of national security law for almost 25 years and has considerable experience in independent oversight and review of intelligence and security agencies. Jake was the Deputy Inspector General of Intelligence and Security and an Associate Professor of Practice at ANU. He is also finishing his PhD at the ANU School of Cybernetics.

Resources mentioned in the recording:

·               INSLM Secrecy Offences – Review of Part 5.6 of the Criminal Code Act 1995, https://www.inslm.gov.au/reviews/secrecy-review

·               Government response to INSLM Review of Part 5.6 of the Criminal Code Act 1995 tabled in Parliament 27 November 2024, https://www.aph.gov.au/Parliamentary_Business/Tabled_Documents/8473

·               INSLM Issues paper, Identify, takeover and disrupt – special powers of the AFP and ACIC, https://www.inslm.gov.au/reviews/identify-takeover-and-disrupt-special-powers-afp-and-acic

·               Miah Hammond-Errey (2024)  Big Data, Emerging Technologies and Intelligence: National Security Disrupted, Routledge (30% off code: ADC24)

·               Alfred Rolington, Strategic Intelligence for the 21st Century. The Mosiac Method, https://global.oup.com/academic/product/strategic-intelligence-for-the-21st-century-9780199654321?cc=tw&lang=en&

This podcast was recorded on the lands of the Gadigal people, and we pay our respects to their Elders past, present and emerging. We acknowledge their continuing connection to land, sea and community, and extend that respect to all Aboriginal and Torres Strait Islander people.

Thanks to the talents of those involved. Music by Dr Paul Mac and production by Elliott Brennan.