Hacker News new | ask | show | jobs
by BLKNSLVR 635 days ago
I'm interested in what and how they're able to prove that the app and the author are responsible for how it is used.

Also, this is Ghost Chat's website: https://www.ghostchat.net

1 comments

There is a lot more detail provided at [1] and [2]. The app developer/administrator is stated to have sold the app to resellers who then sold "dedicated encrypted criminal communication devices"[3][4] with the "Ghost" app included.

For the app developer/administrator the charges are:[1]

* One count of supporting a criminal organisation contrary to section 390.4(1) of the Criminal Code 1995 (Cth), which carries a maximum penalty of three years’ imprisonment;

* One count of dealing with the suspected proceeds of an indictable offence less than $100,000 contrary to section 400.9(1) of the Criminal Code 1995 (Cth), which carries a maximum penalty of three years’ imprisonment;

* One count of dealing in identifying information and using it to commit fraud contrary to section 372.1(1) of the Criminal Code 1995 (Cth), which carries a maximum penalty of five years’ imprisonment;

* One count of obtaining identification information using a carriage service with intent contrary to section 372.1a(3) of the Criminal Code 1995 (Cth), which carries a maximum penalty of five years’ imprisonment; and

* One count of contravening a requirement in a section 3LA order contrary to section 3LA (6) of the Crimes Act 1914, which carries a maximum penalty of 10 years’ imprisonment.

For the primary reseller of "dedicated encrypted criminal communication devices" the charges are:[2]

* Supporting a criminal organisation, contrary to section 390.4(1) of the Criminal Code 1995 (Cth). This offence has a maximum penalty of five years’ imprisonment.

* Perverting the course of justice, contrary to section 319 of the Crimes Act 1900 (NSW). This offence has a maximum penalty of 14 years’ imprisonment.

* Conspiracy to traffic a marketable quantity of controlled drugs, namely cannabis contrary to section 302.3, by virtue of section 11.5 of the Criminal Code 1995 (Cth). This offence has a maximum penalty of 25 years’ imprisonment.

* Possession of dedicated encrypted criminal communication devices for certain purposes, contrary to section 192P of the Crimes Act 1900 (NSW). This offence has a maximum penalty of three years’ imprisonment.

* Contravene requirements in s3LA order when the warrant relates to a serious offence, contrary to section 3LA(6) of the Crimes Act 1914 (Cth). This offence has a maximum penalty of 10 years’ imprisonment.

As it's not explained in the summary above, the Commonwealth offence s3LA(6) is for failing to provide access to devices subject to a search warrant. Whilst apparently not used here, there also exists an overlapping offence s80M in NSW for failing to provide access to a "dedicated encrypted criminal communication devices".[6]

For the app developer/administrator the allegation is they received less than AUD$100,000 from the 9 years working on the app. The mobile phones were sold by a reseller for AUD$2350 which indicates a maximum sales volume of ~AUD$1.5m (600 devices assumed). Take away AUD$1800/phone costs and ~AUD$300k is left to divide between reseller, the app developer/administrator, and any other involved parties. The minimum wage in Australia is AUD$47k/yr by comparison.

B-roll footage appears to confirm the target operating system for the "Ghost" app was Android as models of phones including Galaxy Z Flip 3, Galaxy Z Flip 4, Pixel 5, Pixel 6, Galaxy S22, Galaxy S22+, Galaxy S23, Galaxy S23+ are shown in a cabinet, seemingly as a collection of test devices.[6]

[1] https://www.afp.gov.au/news-centre/media-release/afp-operati...

[2] https://www.afp.gov.au/news-centre/media-release/criminal-sy...

[3] https://legislation.nsw.gov.au/view/html/inforce/current/act...

[4] https://legislation.nsw.gov.au/view/html/inforce/current/act...

[5] https://legislation.nsw.gov.au/view/html/inforce/current/act...

[6] From timestamp ~2:05 of https://spaces.hightail.com/space/clDYrxFXgW/files/fi-d5586c...