News Daily

The Times

Australia

  • Written by The Conversation
The ASIO threat assessment is a dark outlook for Australia’s security. Are our laws up to the task?

This week, ASIO chief Mike Burgess delivered his sixth Annual Threat Assessment.

His approach this time was unprecedented. Instead of focusing on past and present threats, Burgess declassified parts of ASIO’s assessment for the future, warning us about Australia’s security outlook to 2030.

Over the next five years, ASIO is expecting “an unprecedented number of challenges, and an unprecedented cumulative level of potential harm”, Burgess warned. At the same time, the threat environment will become more diverse.

Espionage and foreign interference are already at extreme levels, but are anticipated to intensify. Sabotage is expected to pose an increasing threat. Politically motivated violence and communal violence will also remain an elevated concern.

What does this mean for our criminal laws? Are they robust enough to protect us from the growing and diversifying threat of espionage, sabotage and foreign interference? Or will they need bolstering?

What are the threats?

Espionage, or spying, involves the theft of information. Burgess has warned that both our enemies and our friends will seek to steal information from us.

This includes information about our military capabilities and alliances, such as AUKUS.

Instead of using traditional spies to gather this information, Burgess expects greater use of proxies.

These proxies could be unwittingly involved in the espionage efforts of a foreign country – such as private investigators. Or they could know exactly what they’re doing.

Foreign interference involves covertly shaping decision-making to the advantage of a foreign power. Burgess has warned that foreign governments are monitoring, intimidating and coercing Australians and diaspora communities, including engaging in coerced repatriations.

He also expects that foreign interference may be used to undermine community support for AUKUS.

Concerningly, ASIO has disrupted plots by foreign countries to physically harm (or even kill) people living in Australia. This includes activists, journalists and ordinary citizens – all critics of certain foreign governments.

Both espionage and foreign interference will be enabled by advances in technology, including artificial intelligence (AI), deep fakes and large online pools of personal data.

Sabotage involves deliberately destroying or damaging infrastructure.

Russia has been engaging in diverse acts of sabotage in Europe, aiming to erode support for Ukraine and damage cohesion. These attacks include arson against various types of infrastructure (including defence and munitions facilities), jamming civil aviation GPS systems, and disrupting railways.

While Burgess warned that the risk of similar attacks against Australia is increasing (including attacks against infrastructure arising out of AUKUS), cyber-enabled sabotage will be of more concern. At the moment, foreign governments are exploring and exploiting Australia’s critical infrastructure networks to map systems and maintain access in the future.

As with espionage, Burgess expects criminal proxies to be used more frequently to engage in sabotage. This includes state-sponsored or state-supported terrorist groups.

Are our laws ready to deal with this?

With the espionage, sabotage and foreign interference threat growing and diversifying over the next five years, you’d be right to ask whether our criminal laws are robust enough to stand up to the challenge.

For the most part, they are.

All the laws apply to conduct that occurs “in the real world” and online. The laws also apply to any foreign country, including our friends, as well as terrorist organisations.

Text that reads Australian Government Australian Security Intelligence Organisation
The annual ASIO threat assessment outlines the national security threats for Australia. Mick Tsikas/AAP

In addition to foreign countries, the laws apply to conduct on behalf of a foreign country, including where the conduct is directed, funded or supervised by the foreign country or a person acting on its behalf. This means the laws would apply to proxies hired to engage in espionage or sabotage.

Our sabotage laws are broad enough to cover the explorations of critical infrastructure networks currently being undertaken. An act of sabotage does not have to be committed to be an offence under these laws.

Our foreign interference laws would cover coerced repatriations. While plots to harm Australians may also fall within these offences, a number of other offences also exist for harming or killing Australian citizens or residents.

Room for improvement

Our espionage, sabotage and foreign interference laws certainly are “world-leading”. However, there are some drawbacks.

For example, the laws are yet to grapple with the rise of AI and its use to gather information for espionage or generate mis- or disinformation for foreign interference.

While the laws have broad extraterritorial reach – they apply to conduct that occurs within or outside Australia – the practicalities of enforcing the laws when offenders are located overseas is a big barrier.

But in today’s digital age where espionage, sabotage and foreign interference can be conducted online from the safety of a foreign country and therefore beyond the reach of Australia’s criminal law, we need more than a robust legal response.

As Burgess stressed, these issues “require whole of government, whole of community, whole of society responses […] national security is truly national security: everybody’s business”.

We all need to be aware of the risks and what we – as individuals, employees, researchers and business owners – can do to mitigate them.

Read more https://theconversation.com/the-asio-threat-assessment-is-a-dark-outlook-for-australias-security-are-our-laws-up-to-the-task-250372

Pinboard Solutions for Offices, Schools and Shared Information Spaces

Why a Pinboard Remains Useful A pinboard provides a simple way to display information that needs to remain visible without being rewritten. Lawdex supplies fabric and cork options for offices, schools, staff areas and other environments. A pinboard can be used... Read more

Retractable Hose Reel: A Practical Guide To Choosing The Right Hose Storage

A retractable hose reel can make hose storage more organised, accessible and practical in workshops, commercial facilities, service areas and other working environments. Instead of leaving a hose coiled across the floor or requiring staff to manually wind it after... Read more

Car Removal Melbourne: What To Know Before Selling An Old Or Damaged Car

Start By Assessing Why The Car Needs To Go An old or damaged car can become difficult to justify keeping when repairs, registration, storage or ongoing maintenance outweigh its usefulness. Car removal Melbourne services can help owners arrange both the sale... Read more

Calm Marketing: Why You Don’t Need Flash to Win Online

There is a growing trend happening across websites, social platforms and digital storefronts, and it goes by the name calm marketing. Rather than shouting for attention with flashing banners, countdown timers and aggressive pop ups, calm marketing invites people to... Read more

Australian Off Road Caravans: What Makes Them Different from Standard Touring Vans?

Australian off-road caravans are designed for travellers who want to go beyond sealed highways and established caravan parks. A standard touring caravan is perfect for bitumen roads and conventional holiday routes. On the other hand, off-road models are built with... Read more

Why Compact Designs of Caravan Travel Transform Short Getaways

A caravan makes exploring Australia more flexible. For many Australians, a compact and practical setup makes short breaks easier, more comfortable and far more spontaneous. The layout inside significantly impacts how comfortable, organised and enjoyable your travels become.  Travellers often compare... Read more