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From:
Moran, Celeste
To:
s 22(1)
; Rafizadeh, Shervin
Cc:
Chidgey, xxxxx; Orr, Dianne; s 22(1)
Subject:
FOI points re foreign actors [SEC=PROTECTED, CAVEAT=SH:CABINET]
Date:
Friday, 29 August 2025 5:46:13 PM
Attachments:
image001.jpg
Importance:
High
PROTECTED//CABINET
Hi s 22(1) and Shervin
As discussed with s 22(1) , we engaged with ONI and ASIO who provided us with some relevant
products (xxxxx and I have both considered all of them, but due to classification other members
of the team are not able to). I will arrange for some of those to be delivered to the AGO on
Monday for you to read.
As part of our engagement, our NIC partners have confirmed they are okay with us using the
points below publicly.
If asked: is it true that the FOI scheme could be being exploited by foreign adversaries?
Respond:
We have sought advice from our National Intelligence Community (NIC) counterparts, and
we are unable to provide a detailed response due to the classified nature of that
information.
What we can say, through consultation with the NIC, is that it is not uncommon for
foreign adversaries to identify legitimate avenues or processes (such as FOI) through
which to obtain seemingly innocuous government information to paint an intelligence
picture and use it in ways that are contrary to our national interest.
Knowing who we are dealing with through the FOI system, by not allowing anonymous
requests, may go some way to deterring this type of activity.
We are separately drafting up a Q and A on the use of AI, which I will send through with the
broader TP document this evening.
Very happy to discuss.
Thanks
Celeste
Celeste Moran | First Assistant Secretary
Integrity Frameworks Division
Attorney-General’s Department
3-5 National Cct, Barton ACT 2600
s 22(1)
| E. s 22(1)
@ag.gov.au
EA: s 22(1)
| P. s 22(1)
| E. s 22(1)
@ag.gov.au
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Attachment C.1 –talking points (as at 30/8/25) [under embargo]
TALKING POINTS
s 22(1)
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s 22(1)
Is it true that the FOI scheme could be being exploited by foreign
adversaries?
• We have sought advice from our National Intelligence Community (NIC)
counterparts, and we are unable to provide a detailed response due to the
classified nature of that information.
• What we can say, through consultation with the NIC, is that it is not
uncommon for foreign adversaries to identify legitimate avenues or
processes (such as FOI) through which to obtain seemingly innocuous
government information to paint an intel igence picture and use it in ways
that are contrary to our national interest.
• Knowing who we are dealing with through the FOI system, by not allowing
anonymous requests, may go some way to deterring this type of activity.
What evidence do you have about AI being misused to generate FOI
requests?
• Technology is changing the way FOI requests are made. There are
various examples of webforms and request generators being used to
auto generate FOI requests, leading to high volume campaign style
requests.
• Domestically, Australian Government agencies have also provided
examples of AI being used to not only generate requests, but to also
draft written replies in response to communications from an agency.
One agency’s statistics suggested that of the FOI matters they had
on hand almost 20% of personal matters and 50% of non-personal
matters included AI-generated content.
• In the United States, there are examples of AI tools being used to
generate thousands of FOI requests, including election workers
being inundated with FOI requests during the 2020 presidential
election prompting a change of the law in Washington state to allow
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refusal on the basis that a request is reasonably believed to have
been ‘generated by a bot’.
• The reforms being progressed wil address these issues by providing
that an FOI request cannot be made anonymously or under a
pseudonym, and that a person must declare when making a FOI
request on behalf of a third party. This wil help agencies ensure that
they are dealing with a real person and that AI cannot be
weaponised to generate thousands of anonymous requests.
s 22(1)
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s 22(1)
Attachments
Attachment A – High level talking points
s 22(1)
5
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s 22(1)
Is it true that the FOI scheme could be being exploited by foreign adversaries?
• We have sought advice from our National Intelligence Community (NIC) counterparts,
and we are unable to provide a detailed response due to the classified nature of that
information.
• What we can say, through consultation with the NIC, is that it is not uncommon for
foreign adversaries to identify legitimate avenues or processes (such as FOI) through
which to obtain seemingly innocuous government information to paint an intelligence
picture and use it in ways that are contrary to our national interest.
• Knowing who we are dealing with through the FOI system, by not allowing
anonymous requests, may go some way to deterring this type of activity.
What evidence do you have about AI being misused to generate FOI requests?
• Technology is changing the way FOI requests are made. There are various
examples of webforms and request generators being used to auto generate
FOI requests, leading to high volume campaign style requests.
• Domestically, Australian Government agencies have also provided examples of
AI being used to not only generate requests, but to also draft written replies in
9
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response to communications from an agency. One agency’s statistics
suggested that of the FOI matters they had on hand almost 20% of personal
matters and 50% of non-personal matters included AI-generated content.
• In the United States, there are examples of AI tools being used to generate
thousands of FOI requests, including election workers being inundated with
FOI requests during the 2020 presidential election prompting a change of the
law in Washington state to al ow refusal on the basis that a request is
reasonably believed to have been ‘generated by a bot’.
• The reforms being progressed wil address these issues by providing that an
FOI request cannot be made anonymously or under a pseudonym, and that a
person must declare when making a FOI request on behalf of a third party. This
wil help agencies ensure that they are dealing with a real person and that AI
cannot be weaponised to generate thousands of anonymous requests.
s 22(1)
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