Experts for alleged criminals charged in one of Australia's biggest criminal sting operations will be given access to the coding of a messaging app built by the Australian Federal Police (AFP) to catch those allegedly involved in organised crime.
The specialists are working for three men charged by police who were working on Operation Ironside.
Those specialists will be given access to the source code for the encrypted messaging platform AN0M but only under "controlled and secure conditions", Justice Sandi McDonald said in the South Australian Supreme Court on Friday.
A year ago — in one of the most-significant policing operations in Australia's history — Operation Ironside saw thousands of police across multiple agencies execute hundreds of search warrants, arrest more than 200 people and seize more than 100 guns, tonnes of drugs and $45 million in cash.
The sting was only possible because the AFP was able to intercept millions of messages through AN0M, an encrypted communication platform that enabled users to send messages, photos, videos and voice clips.
AN0M – which began operating in August 2018 — was a subscription-based service and users could only obtain a handset from a distributor of AN0M devices.
While users could change their name or username on the AN0M platform, they could not change the unique serial number linked to the handset which allowed communication to be traced back to their device.
It was shut down in June 2021.
Questions over AFP's processes
Lawyers for three Adelaide men charged with drug trafficking offences as part of Operation Ironside are seeking to have the communication obtained through the AN0M platform excluded as evidence in the case against them.
As part of that challenge, lawyers issued a subpoena for the source code of the encrypted messaging service from the AFP as well as 50 other categories of documents.
There are similar legal challenges interstate.
However, the AFP asked the Supreme Court of South Australia to set aside the subpoena, claiming there was no legitimate forensic purpose and some of the documents were subject to public interest immunity and legal professional privilege.
Defence counsel told the court that there were legitimate forensic purposes, citing failures by the AFP to obtain warrants under the Telecommunications (Interception and Access) Act and questions around the invalidity of the undercover operation, the reliability of the communication through AN0M and the legality of the conduct of the AFP and FBI.
Judge calls for documents to be shared
Justice McDonald said the prosecution case against one of the alleged drug traffickers — who allegedly had drugs and firearms concealed in specially-built panels and an esky on his ute — relied on messages exchanged through the encrypted communication network, AN0M, and it was "at least arguable" that there was a legitimate forensic purpose for the AFP to hand over some of the documents and materials.
As part of the process, Justice McDonald said, the AFP had made concessions to allow experts engaged by the defendants to inspect the source code for the AN0M handset and the "iBot" collection service "under controlled and secure conditions".
Justice McDonald said the AFP would also comply with subpoenas requiring production of all manuals, user and technical guides on how the AFP used the AN0M platform during Operation Ironside.
