Electronic surveillance methods have become the subject of several pieces of federal legislation since the events of September 11, 2001. Anti-terrorism legislation internationally has introduced powers and regulations which (among other things) have an impact on cyberlaw, communications, the internet and security (confidentiality and safe computer systems). The most recent proposal, the Surveillance Devices Act 2004 (Cth), includes significant increases in powers of investigation and surveillance.

Prior to September 11, 2001, there were no federal or state laws relating to terrorism. The Charter of the United Nations (Anti-Terrorism Measures) Regulations 2001 implemented aspects of UN Security Council Resolution 1373 of 28 September 2001, which called on all nation states to prevent and suppress the financing of terrorist acts. However, beginning in March 2002, the Australian government introduced a number anti-terrorism Bills. In 2003, the government announced the creation of an Ambassador for Counter-Terrorism; the government has since signed numerous memorandums of understanding on counter-terrorism.

Many of these measures affect cyberlaw and electronic commerce. The extent to which law enforcement and security agencies can now intercept, search and seize information, electronically and otherwise, has been dramatically enhanced. Some anti-terrorism provisions permit Australian law enforcement and security agencies to intercept unread emails in routine investigations. This chapter briefly examines these electronic surveillance measures.

The USA PATRIOT Act

In response to the attacks of September 11, 2001 the US Congress drafted, debated and passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act 2001 (commonly known as the PATRIOT Act), all within seven weeks.