If you believe (as I do), that the government bought spyware, then here are some pertinent questions
Question 1: Do these government agencies actually have investigative powers?
While the police might have the legal authority to investigate someone, does the PMO, MACC or anyone else share that authority. If a government agency has no right to investigate someone, then why is it buying spyware?The conversation should end here, as I don’t believe the PMO has any authority to use spyware, but the next question actually goes even further and ask if anyone has the legal authority to use it.
Question 2: Is spyware legal?
Installing spyware on a laptop or smartphone is far more intrusive than a regular home search, it's like having an invisible officer stationed in your house listening in on everything you say and do. It doesn't just invade the privacy of the victim, but even those that victim communicates with, shares their laptop with or even those that just happen to be nearby.The MACC act, that governs the powers of the commission, specifically state that a the Public Prosecutor or Commissioner of the MACC can authorize the interception of communications if they ‘consider’ that the specific communication might help in an ongoing investigation. However, spyware from hacking team isn’t really ‘intercepting’ communications, because what is being communicated through the Internet is usually encrypted, Hacking team circumvents this by capturing the data before it is encrypted and then sends that captured data in a separate communication back to its control servers. Strictly speaking, this isn’t interception, its shoulder surfing on steroids.

More worrying, is that the spyware might take screen shots of diary entries and notes that the victim never intended to communicate with anyone, or draft e-mail entries that they later delete are also captured by this spyware. Obviously this falls into a different category than simple ‘interception’, but I’m not done yet.


