[Linux-aus] Grant Application from Fraser Tweedale for Support the myGov Code Generator source code FOI review

[Fraser Tweedale]

Hi Marcus,

No apology needed.

I appreciate you sharing your perspective.  It's important for Council
and the community to carefully consider the context and consequences.

Thanks,
Fraser

On Sat, Jul 18, 2026, at 10:54 AM, Marcus Herstik wrote:
> I'm sorry but that's a no from me.
> We are not here to fund litigation.
> While we may receive the benefit of the result of that litigation it 
> was not started by us nor is LA a party to this.
>
> This sets a dangerous precedent where anytime someone want to fight for 
> FoI and source code then we can be asked for funds and potentially 
> could start fighting for it as an organisation.
>
> The litigants knew it was expensive to start with, and the government 
> was always going to push back hard. That is not our responsibility to 
> assist.
>
> Individuals who want to support this can do so at their own expense and 
> to the best of their abilities.
>
> However, I do not see LA as an organisation who should be supporting 
> this except with maybe a letter of support or similar. We could 
> possibly do an amicus curiae brief possibly), stating that we believe 
> open source is in the best interests of society both to further 
> technological progress and from a security standpoint.
>
> I am happy for us to fund someone to review the code when/if it is 
> released but not to fund the litigation itself.
>
> Regards
> Marcus
>
> ________________________________
> From: linux-aus <linux-aus-bounces at lists.linux.org.au> on behalf of 
> Linux Australia Website via linux-aus <linux-aus at lists.linux.org.au>
> Sent: Thursday, 16 July 2026 21:08:33
> To: committee at lists.linux.org.au <committee at lists.linux.org.au>; 
> linux-aus at lists.linux.org.au <linux-aus at lists.linux.org.au>
> Cc: Linux Australia Website <grant-applications at linux.org.au>
> Subject: [Linux-aus] Grant Application from Fraser Tweedale for Support 
> the myGov Code Generator source code FOI review
>
> Your Email Address: 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.
> 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
> 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/. 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).