High Court to decide if information gathered on encrypted messaging app AN0M was legally obtainedBy High Court reporter Elizabeth ByrneTopic:Courts1h ago1 hours agoMon 12 May 2025 at 8:45pmThe High Court of Australia will consider whether information gathered on encrypted messaging app ANOM was legally obtained. (Supplied: AFP)abc.net.au/news/act-operation-ironside-an0m-app-high-court-preview/105275242Link copiedShareShare articleThe High Court will on Tuesday delve into the murky world of organised crime and encrypted messaging on an app known as AN0M, which was secretly controlled by the FBI and the Australian Federal Police (AFP).The operation known as "Ironside" began in 2018, when phones with the app began to circulate among criminal elements, encouraged by people the police identified as "criminal influencers", who unwittingly recommended the devices.It appeared to be a secure way to send messages, except that every communication was being copied and forwarded to police.In 2021 there was a worldwide crackdown.The app had collected about 28 million messages, including 19 million relating to Australia.The AFP says Operation Ironside was the biggest organised crime sting in its history. (Supplied: AFP)The Australian Criminal Intelligence Commission (ACIC) said there were nearly 1,000 arrests globally, with 42 tonnes of illicit drugs and $US58 million in cash and crypto currency seized.According to AFP data, there have been nearly 100 people in Australia charged, with drugs, firearms, and substantial amounts of money seized.The ACIC said at the time the operation "provided voluminous, invaluable intelligence and insight that has never been obtained before by Australian law enforcement".But now two South Australian men, who are alleged members of the Comancheros bikie group, want the High Court to find that information was not legally obtained.The two are charged with belonging to a criminal group and possession of prohibited firearms.According to the AFP nearly 100 people in Australia have been charged as part of Operation Ironside, with drugs, firearms, and substantial amounts of money seized. (Supplied: AFP)Their lawyers will tell the High Court the evidence against them collected from AN0M should be inadmissible in their trial, because its collection breached The Telecommunications (Interception and Access) Act 1979."The question is whether communications obtained covertly by the AN0M application were obtained as the result of an unlawful interception," their submissions to the court said.The pair have so far failed in two appeals against the use of the information, but were granted special leave to appeal by the High Court last year.Soon afterwards the case took a new turn when the Commonwealth changed the law, to back up the use of the app by police.On Tuesday the High Court will also consider if the new law is valid.In their submissions the men's lawyers said it interferes with the exercise of judicial power guaranteed under the constitution.Lawyers for the two men will tell the High Court of Australia the new law undermines the institutional integrity of the courts. (ABC News: Matt Roberts)"It is an invalid exercise of legislative power," submissions for the men said.The lawyers will tell the High Court the new law undermines the institutional integrity of the courts, removing the "fact finding" function which is a hallmark of judicial power.But the Commonwealth will tell the High Court the new law does not direct the courts to find any fact, and is valid under the constitution.The Commonwealth also said in its submissions the new act made no difference to the interception laws."[The] Court of Appeal was correct to conclude that the AN0M evidence did not involve an interception in contravention … of the Interception Act," Commonwealth submissions said.The attorneys-general for New South Wales, Western Australia and Victoria have intervened, along with the Director of Public Prosecutions for South Australia, which has applied to intervene in support of the Commonwealth.Posted 1h ago1 hours agoMon 12 May 2025 at 8:45pmShare optionsCopy linkFacebookX (formerly Twitter)Top StoriesChild safety staff looking for missing 14yo did 'safety' check with child sex abuserTopic:Child AbusePhoto shows Saachi at the beach.Liberal leadership race goes down to the wire as Nats weigh net zeroTopic:Federal GovernmentPhoto shows Sussan Ley, David Littleproud, Angus Taylor, Peter Dutton QT 20221027_041653670_iOSAlbanese shifts Plibersek from environment in favour of 'can-do' WattMAnalysis by Michelle GrattanPhoto shows anthony albanese points towards reporters outside parliament house in canberraWhy the Reserve Bank is wary of rocketing real estate pricesIAnalysis by Ian VerrenderPhoto shows A man walks past two terrace housesPM's new ministry to be sworn in, Chalmers admits frontbench dumping 'messy'LIVEPhoto shows A close-up of Jim Chalmers in front of a black background. 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