Network activity, account takeover and data disruption warrants: how novel law enforcement powers impact media freedom

Abstract

ABSTRACT In 2021, the Australian government enacted the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (Cth). This Act introduced three novel law enforcement powers: the Data Disruption Warrant, the Network Activity Warrant, and the Account Takeover Warrant. This article examines how these covert powers could impact on journalists, sources and media organisations—and the implications of this for media freedom in Australia. The article finds that the warrants risk undermining media freedom and go further than previous warrants, giving law enforcement the power to access data on journalists’ computers to specifically reveal the identity of confidential sources; to access the online accounts of journalists and sources without their knowledge to collect evidence; and to modify or delete information held by journalists and sources. The article concludes by making some recommendations for reform so that the warrants pose less of a risk to independent public interest journalism.