[Linux-aus] Grant Application from Fraser Tweedale for Support the myGov Code Generator source code FOI review
Mark Foster
blakjak at blakjak.net
Sat Jul 18 10:53:19 AEST 2026
Scaremongering does nobody any favours.
Per <https://www.abc.net.au/news/2026-07-13/digital-arrival-cards-international-travellers-australia/106907440>
- will expand to be a web form not just an app
- paper form option remains available
By all means keep lobbying for transparency and accessibility. But don't use scare tactics and share misleading information - or include your citations please.
Mark.
On 18 July 2026 11:11:36 am NZST, Info via linux-aus <linux-aus at lists.linux.org.au> wrote:
>I agree on the need to fight for transparency.
>Australia is about to replace entry cards with an app. On return from my next trip, I will be forced
>to install an application. Where is the code for review?
>
>Establishing a precedent will help fight for a public review of this new app.
>
>Peter Moulding
>
>On 16/7/26 22:23, Jonathan Oxer via linux-aus wrote:
>> I fully support this initiative by Fraser and would like to see the grant approved for the full amount.
>>
>> Linux Australia is generally seen as having a primary role within the Open Source community as a facilitator of conferences and events. However, it has also undertaken other roles in the past including lobbying, such as during the period of the introduction of the Australia-United States Free Trade Agreement (AUSFTA) way back in 2004/5. I believe that supporting initiatives such as Fraser's are directly in line with the values and mission of the organisation:
>>
>> https://linux.org.au/about-us/values/ <https://linux.org.au/about-us/values/>
>>
>> It's easy to let issues like this slide. When someone is willing to step up and take a stand, we as a community should support them.
>>
>> Regards,
>>
>> Jonathan Oxer
>>
>> On Thu, 16 Jul 2026 at 21:08, Linux Australia Website via linux-aus <linux-aus at lists.linux.org.au <mailto:linux-aus at lists.linux.org.au>> wrote:
>>
>> Your Email Address: frase at frase.id.au <mailto:frase at frase.id.au>
>> Project name: Support the myGov Code Generator source code FOI review
>> Grant Type: Project Grant
>> Aim of the project: I am applying for a grant of $5,000 to help cover litigation costs in a
>> Freedom of Information review at the Administrative Review Tribunal. The matter is *Tweedale and
>> CEO, Services Australia*, file 2025/4916. I applied for review of Services Australia’s access
>> refusal decision in relation to my request for access to the source code of the myGov Code
>> Generator app, a (now retired) mobile app published by Services Australia for myGov login MFA
>> (TOTP). The case involves critical questions about government transparency and software
>> security, the validity of “security by obscurity” arguments in this context, and the benefits
>> and consequences of governments granting access to the source code of applications they develop
>> and expect citizens to run on their devices.
>> Much more detail about this matter, and regular updates, are available at https://openmygov.au
>> <https://openmygov.au>.
>> The outcomes of this legal proceeding and my associated efforts will include:
>> * Precedent: A binding or persuasive administrative law decision regarding the accessibility of
>> government-developed source code under Australian law, and the validity of “security by
>> obscurity” arguments for refusing access.
>> * openmygov.au: continued free, unhindered public access to all disclosable submissions,
>> evidence, expert witness reports, decisions and other documents, and a chronicle of the conduct
>> of this case—in other words, a legal toolkit for future open-source FOI litigation in Australia
>> (and possibly useful elsewhere)
>> I am happy to answer any questions or provide further information to Council and/or the Linux
>> Australia membership in support of this application.
>> ## Risks and disclosures
>> ### Impact on LA funding and government relations
>> Impact: Actively financing public-interest litigation against a major Federal Government agency
>> may have a chilling effect on future sponsorship opportunities for LA-auspiced events, or
>> otherwise introduce friction in LA’s interactions with Government.
>> Mitigation: Contributing to the costs of this litigation does not enjoin LA as a party or
>> subject LA to any risks of further direct costs. Also, the matter and the purpose of the review
>> is aligned with Linux Australia’s values and purpose and is being pursued in the public
>> interest; it is unlikely to be perceived as frivilous or vexatious.
>> ### The Tribunal decides against transparency
>> Impact: Should the Tribunal agree with the Respondent’s “security by obscurity” arguments and
>> refuses access, it sets an unfortunate precedent.
>> Mitigation: This is barely worse than the status quo, where agencies refuse access for these
>> reasons anyway, but those decisions are not challenged. Grounds for appeal (judicial review) in
>> Federal Court will be considered, although costs would be in another order of magnitude and may
>> be prohibitive. Win or lose, the community will have an extensive and durable record of and
>> playbook for FOI litigation involving open source and cybersecurity matters.
>> ### Disclosure of EO2027 treasurer role
>> I am a core organising team member and the appointed Treasurer for the Everything Open 2027
>> conference, which is an official subcommittee of Linux Australia. I have no influence over grant
>> funding decisions, and conference money is managed in complete separate accounts.
>> Estimated cost breakdown of the project: Through a successful Pozible crowdfunding campaign
>> early in 2026, and an ongoing Chuffed campaign, I raised approximately $20,000 to help with the
>> costs of this litigation. Though I always expected costs to exceed this amount, procedural
>> battles over Services Australia’s national security claims and applications for confidentiality
>> orders over critical evidence have depleted these funds sooner than expected. We are now in an
>> intense phase, finalising the evidence and submissions. The substantive hearing is listed for 3
>> days from 2–4 September in Melbourne.
>> Cumulative costs by the end of this proceeding will certainly exceed $30,000, and could end up
>> in the range of $40,000–$50,000. The shortfall between funds raised (so far) through
>> crowdfunding campaigns and the eventual costs is therefore at least $10,000 and possibly much
>> more. In addition to Wise Law’s fees (the biggest expense by far), my costs include travel to
>> and accommodation in Melbourne for the hearing, and for a one-day strategy meeting back in
>> February. (Wise Law and both expert witnesses are based in Melbourne.)
>> I am applying for a **$5,000** grant to help close this gap. I would gratefully accept any
>> lesser amount the Linux Australia Council deems appropriate, as I recognise that the requested
>> amount is a significant proportion of the 2026 grants program budget, and I do not want to
>> disadvantage or preclude other worthwhile grant opportunities.
>> Project team details: I (Fraser) am a free software developer and active member of the
>> Australian open source community. Most of my work over the last decade has been on open source
>> PKI, authentication and identity management solutions, and supply chain security. I will give
>> evidence in this proceeding on open source public policy and law in Australia and around the
>> world, and on cybersecurity matters.
>> I have engaged two expert witnesses to assist the Tribunal, both known to the LA membership and
>> Australian open source community: cryptographer and electoral security researcher Dr Vanessa
>> Teague; and Dr Peter Serwylo for his Android expertise and involvement in the F-Droid project.
>> Vanessa and Peter are providing their services free of charge.
>> My legal representative in this proceeding is Jason Bosland of Wise Law, a boutique cyber law
>> firm based in Melbourne. Jason is an expert in administrative law, and he has a good grasp on
>> the technical aspects of the case. Wise Law are generously providing their services at a 50%
>> discount, in recognition of the public interest nature of this case. Jason has also employed a
>> paralegal to help with preparation of my case; this will reduce costs because the volume of
>> evidence and submissions is significant.
>> First Name: Fraser
>> Last Name: Tweedale
>> Email Address: frase at frase.id.au <mailto:frase at frase.id.au>
>> A statement including a willingness to provide regular project updates on the project: I publish
>> detailed information and updates about this case at https://openmygov.au/ <https://openmygov.au/
>> >. All information I can publish, I do, including submissions, evidence, and Tribunal decisions
>> and orders. It will form a significant and valuable artifact for Freedom of Information
>> applicants or litigants, and people interested in the intersection of free/open source software,
>> public policy, and administrative law.
>> I am committed to absolute transparency with respect to all funds received (from all sources)
>> and all expenditure, including publication of invoices and bank statements (I have a dedicated
>> bank account for this purpose).
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