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by dhx 632 days ago
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...