Breaking International Law

J.M. Porup made this Freedom of Information request to Australian Signals Directorate

The request was refused by Australian Signals Directorate.

From: J.M. Porup

Delivered

Dear Australian Signals Directorate,

According to a legal memo in the Snowden documents, GCHQ will break international law as long as it's "acceptable among the 5-eyes community."

Source:

https://twitter.com/toholdaquill/status/...
https://theintercept.com/document/2015/0...

How often does ASD break international law?

Please provide any legal memos, correspondence, or other documents that discuss ASD breaking international law. Please include statistics per year from 1995 to present day on how often ASD breaks international law.

Please also include any and all processing notes associated with this FOI request.

Yours faithfully,

J.M. Porup
National Security Reporter
www.JMPorup.com

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From: ASD Cyber Security Communications Team
Australian Signals Directorate

UNCLASSIFIED

Good afternoon Mr Porup,

In order to have your FOI request processed you must put in a formal
request. via the Departmental FoI website below. Your request will be
processed and responded to in due course.

[1]http://www.defence.gov.au/FOI/Contact.asp

Thank you.

Cyber and Information Security Branch

Australian Signals Directorate

 

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Bill Tarte left an annotation ()

Odd response. Didn't ATO just get chided for doing the same thing?

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From: J.M. Porup

Delivered

Dear Australian Signals Directorate,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Australian Signals Directorate's handling of my FOI request 'Breaking International Law'.

ASD did not respond to this request via the Right To Know site. I call foul.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/b...

Yours faithfully,

J.M. Porup

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From: Riley, Daniel MR 2
Australian Signals Directorate

UNCLASSIFIED

Good morning J.M Porup,

Thanks for your email. The correct address to submit FOI requests and information regarding previous requests is www.defence.gov.au/FOI

Regards,
___________________________________________________________

Daniel Riley

Watch Officer

Australian Cyber Security Centre

Department of Defence

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From: J.M. Porup

Delivered

Dear Riley, Daniel MR 2,

Please respond to my request here. If not, as an Australian citizen I reserve the right to sue under FOI law.

Yours sincerely,

J.M. Porup

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From: Hanna, Nicole MS
Australian Signals Directorate

UNCLASSIFIED

Good afternoon
 
The Department of Defence has been asked to provide a response to your
request for access to documents relating to the Australian Signals
Directorate.  The Freedom of Information Directorate is responsible for
managing all FOI requests that are directed to various organisations
within the Department of Defence. To make a Freedom of Information request
to the Australian Signals Directorate you must direct your request to
[1][email address] in the first instance.
 
As the documents you are seeking belong to an agency who is exempt for the
purposes of the Freedom of Information Act your request may be refused
under section 7 specifically (2A) and (2C).  I have included the relevant
section of the act which contains a list of the agencies who are exempt
from Freedom of Information Requests.

(2A) An agency is exempt from the operation of this Act in relation to
the following documents:

 

        (a) a document (an intelligence agency document) that has
originated with, or has been received from, any of the following:

             (i)   the Australian Secret Intelligence Service;

             (ii)  the Australian Security Intelligence Organisation;

             (iii) the Inspector-General of Intelligence and Security;

             (iv)  the Office of National Assessments;

             (v)   the Australian Geospatial-Intelligence Organisation;

             (vi)  the Defence Intelligence Organisation;

             (vii) the Australian Signal Directorate.

         (b) a document that contains a summary of, or extract or
information from, a defence intelligence document, to the

              extent that it contains such a summary, extract or
information.

 

(2C) An agency is exempt from the operation of this Act in relation to
the following documents:

 

        (a) a document (a defence intelligence document) that has
originated with, or has been received from, the Department of       

            Defence and that is in respect of:

             (i)  the collection, reporting or analysis of
operational   

                  intelligence; or

             (ii) special access programs, under which foreign

                  government provides restricted access to technologies;

        (b) a document that contains a summary of, or extract or
information from, a defence intelligence document, to the

             extent that it contains such a summary, extract or
information.

As your request was not received by the Freedom of Information Directorate
your request was not validated and a formal decision was not provided. As
such you are unable to exercise your rights to an internal review.  If you
wish to be provided with a formal decision under the Freedom of
Information Act please resubmit your request to [2][email address].
Once your request has been validated you will be provided with a formal
decision and you will be able to exercise your rights of review.

 
Please keep in mind that the Australian Signals Directorate is an exempt
agency for the purposes of this act.
 
Kind regards
 
Nicole Hanna
FOI Case Officer
Information Management and Access
Governance and Reform Division
Department of Defence | CP1-6-003| PO Box 7910 | Canberra  BC ACT  2610 |
(02) 6266 3948| Email
[3][email address]
 
[4]http://www.defence.gov.au/FOI/privacy.asp
 
 

IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
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