[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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