Re: Grant Application from Fraser Tweedale for Support the myGov Code Generator source code FOI review

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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/

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 <
[email protected]> wrote:

> Your Email Address: frase-LQH3g+Q4lh66c6uEtOJ/[email protected]
> 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*, fi=
le
> 2025/4916. I applied for review of Services Australia=E2=80=99s access re=
fusal
> 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 Service=
s
> Australia for myGov login MFA (TOTP). The case involves critical question=
s
> about government transparency and software security, the validity of
> =E2=80=9Csecurity by obscurity=E2=80=9D arguments in this context, and th=
e 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 regardin=
g
> the accessibility of government-developed source code under Australian la=
w,
> and the validity of =E2=80=9Csecurity by obscurity=E2=80=9D 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=E2=80=94in o=
ther
> 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 sponsorshi=
p
> opportunities for LA-auspiced events, or otherwise introduce friction in
> LA=E2=80=99s 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, t=
he
> matter and the purpose of the review is aligned with Linux Australia=E2=
=80=99s
> 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=E2=80=99s =E2=80=9C=
security by
> obscurity=E2=80=9D arguments and refuses access, it sets an unfortunate p=
recedent.
> 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 a=
nd
> 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 Lin=
ux
> Australia. I have no influence over grant funding decisions, and conferen=
ce
> 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=E2=80=99s national security claims and applicatio=
ns 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 fr=
om
> 2=E2=80=934 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=E2=80=93$50,000. The sh=
ortfall
> 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=E2=80=99s fees (the biggest expense by far), my cost=
s include
> travel to and accommodation in Melbourne for the hearing, and for a one-d=
ay
> strategy meeting back in February.  (Wise Law and both expert witnesses a=
re
> 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 t=
he
> 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 reduc=
e
> costs because the volume of evidence and submissions is significant.
> First Name: Fraser
> Last Name: Tweedale
> Email Address: frase-LQH3g+Q4lh66c6uEtOJ/[email protected]
> A statement including a willingness to provide regular project updates on
> the project: I publish detailed information and updates about this case a=
t
> 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 o=
r
> 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 receive=
d
> (from all sources) and all expenditure, including publication of invoices
> and bank statements (I have a dedicated bank account for this purpose).
> _______________________________________________
> linux-aus mailing list
> [email protected]
> https://lists.linux.org.au/mailman/listinfo/linux-aus
>
> To unsubscribe from this list, send a blank email to
> linux-aus-unsubscribe-cunTk1MwBs8iFSDQTTA3OBCuuivNXqWP@public.gmane.org
>

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<div dir=3D"ltr">I fully support this initiative by Fraser and would like t=
o see the grant approved for the full amount.<div><br></div><div>Linux Aust=
ralia is generally seen as having a primary role within the Open Source com=
munity as a facilitator of conferences and events. However, it has also und=
ertaken other roles in the past including lobbying, such as during the peri=
od 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&#39;s are directly in line with the values and mission of the organi=
sation:</div><div><br></div><div><a href=3D"https://linux.org.au/about-us/v=
alues/">https://linux.org.au/about-us/values/</a></div><div><br></div><div>=
It&#39;s easy to let issues like this slide. When someone is willing to ste=
p up and take a stand, we as a community should support them.</div><div><br=
></div><div>Regards,</div><div><br></div><div>Jonathan Oxer</div></div><br>=
<div class=3D"gmail_quote gmail_quote_container"><div dir=3D"ltr" class=3D"=
gmail_attr">On Thu, 16 Jul 2026 at 21:08, Linux Australia Website via linux=
-aus &lt;<a href=3D"mailto:[email protected]">[email protected]=
nux.org.au</a>&gt; wrote:<br></div><blockquote class=3D"gmail_quote" style=
=3D"margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding=
-left:1ex">Your Email Address: <a href=3D"mailto:frase-LQH3g+Q4lh66c6uEtOJ/[email protected]" target=
=3D"_blank">frase-LQH3g+Q4lh66c6uEtOJ/[email protected]</a><br>
Project name: Support the myGov Code Generator source code FOI review<br>
Grant Type: Project Grant<br>
Aim of the project: I am applying for a grant of $5,000 to help cover litig=
ation 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=E2=80=99s access refusal d=
ecision in relation to my request for access to the source code of the myGo=
v Code Generator app, a (now retired) mobile app published by Services Aust=
ralia for myGov login MFA (TOTP). The case involves critical questions abou=
t government transparency and software security, the validity of =E2=80=9Cs=
ecurity by obscurity=E2=80=9D arguments in this context, and the benefits a=
nd consequences of governments granting access to the source code of applic=
ations they develop and expect citizens to run on their devices.<br>
Much more detail about this matter, and regular updates, are available at <=
a href=3D"https://openmygov.au" rel=3D"noreferrer" target=3D"_blank">https:=
//openmygov.au</a>.<br>
The outcomes of this legal proceeding and my associated efforts will includ=
e:<br>
* Precedent: A binding or persuasive administrative law decision regarding =
the accessibility of government-developed source code under Australian law,=
 and the validity of =E2=80=9Csecurity by obscurity=E2=80=9D arguments for =
refusing access.<br>
* openmygov.au: continued free, unhindered public access to all disclosable=
 submissions, evidence, expert witness reports, decisions and other documen=
ts, and a chronicle of the conduct of this case=E2=80=94in other words, a l=
egal toolkit for future open-source FOI litigation in Australia (and possib=
ly useful elsewhere)<br>
I am happy to answer any questions or provide further information to Counci=
l and/or the Linux Australia membership in support of this application.<br>
## Risks and disclosures<br>
### Impact on LA funding and government relations<br>
Impact: Actively financing public-interest litigation against a major Feder=
al Government agency may have a chilling effect on future sponsorship oppor=
tunities for LA-auspiced events, or otherwise introduce friction in LA=E2=
=80=99s interactions with Government.<br>
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 m=
atter and the purpose of the review is aligned with Linux Australia=E2=80=
=99s values and purpose and is being pursued in the public interest; it is =
unlikely to be perceived as frivilous or vexatious.<br>
### The Tribunal decides against transparency<br>
Impact: Should the Tribunal agree with the Respondent=E2=80=99s =E2=80=9Cse=
curity by obscurity=E2=80=9D arguments and refuses access, it sets an unfor=
tunate precedent.<br>
Mitigation: This is barely worse than the status quo, where agencies refuse=
 access for these reasons anyway, but those decisions are not challenged. G=
rounds for appeal (judicial review) in Federal Court will be considered, al=
though 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 an=
d playbook for FOI litigation involving open source and cybersecurity matte=
rs.<br>
### Disclosure of EO2027 treasurer role<br>
I am a core organising team member and the appointed Treasurer for the Ever=
ything Open 2027 conference, which is an official subcommittee of Linux Aus=
tralia. I have no influence over grant funding decisions, and conference mo=
ney is managed in complete separate accounts.<br>
Estimated cost breakdown of the project: Through a successful Pozible crowd=
funding campaign early in 2026, and an ongoing Chuffed campaign, I raised a=
pproximately $20,000 to help with the costs of this litigation. Though I al=
ways expected costs to exceed this amount, procedural battles over Services=
 Australia=E2=80=99s national security claims and applications for confiden=
tiality orders over critical evidence have depleted these funds sooner than=
 expected. We are now in an intense phase, finalising the evidence and subm=
issions. The substantive hearing is listed for 3 days from 2=E2=80=934 Sept=
ember in Melbourne.<br>
Cumulative costs by the end of this proceeding will certainly exceed $30,00=
0, and could end up in the range of $40,000=E2=80=93$50,000. The shortfall =
between funds raised (so far) through crowdfunding campaigns and the eventu=
al costs is therefore at least $10,000 and possibly much more.=C2=A0 In add=
ition to Wise Law=E2=80=99s fees (the biggest expense by far), my costs inc=
lude travel to and accommodation in Melbourne for the hearing, and for a on=
e-day strategy meeting back in February.=C2=A0 (Wise Law and both expert wi=
tnesses are based in Melbourne.)<br>
I am applying for a **$5,000** grant to help close this gap. I would gratef=
ully accept any lesser amount the Linux Australia Council deems appropriate=
, as I recognise that the requested amount is a significant proportion of t=
he 2026 grants program budget, and I do not want to disadvantage or preclud=
e other worthwhile grant opportunities.<br>
Project team details: I (Fraser) am a free software developer and active me=
mber 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 proceed=
ing on open source public policy and law in Australia and around the world,=
 and on cybersecurity matters.<br>
I have engaged two expert witnesses to assist the Tribunal, both known to t=
he LA membership and Australian open source community: cryptographer and el=
ectoral security researcher Dr Vanessa Teague; and Dr Peter Serwylo for his=
 Android expertise and involvement in the F-Droid project. Vanessa and Pete=
r are providing their services free of charge.<br>
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 administr=
ative law, and he has a good grasp on the technical aspects of the case. Wi=
se Law are generously providing their services at a 50% discount, in recogn=
ition 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 beca=
use the volume of evidence and submissions is significant.<br>
First Name: Fraser<br>
Last Name: Tweedale<br>
Email Address: <a href=3D"mailto:frase-LQH3g+Q4lh66c6uEtOJ/[email protected]" target=3D"_blank">frase=
@frase.id.au</a><br>
A statement including a willingness to provide regular project updates on t=
he project: I publish detailed information and updates about this case at <=
a href=3D"https://openmygov.au/" rel=3D"noreferrer" target=3D"_blank">https=
://openmygov.au/</a>. All information I can publish, I do, including submis=
sions, evidence, and Tribunal decisions and orders. It will form a signific=
ant and valuable artifact for Freedom of Information applicants or litigant=
s, and people interested in the intersection of free/open source software, =
public policy, and administrative law.<br>
I am committed to absolute transparency with respect to all funds received =
(from all sources) and all expenditure, including publication of invoices a=
nd bank statements (I have a dedicated bank account for this purpose).<br>
_______________________________________________<br>
linux-aus mailing list<br>
<a href=3D"mailto:[email protected]" target=3D"_blank">linux-aus=
@lists.linux.org.au</a><br>
<a href=3D"https://lists.linux.org.au/mailman/listinfo/linux-aus" rel=3D"no=
referrer" target=3D"_blank">https://lists.linux.org.au/mailman/listinfo/lin=
ux-aus</a><br>
<br>
To unsubscribe from this list, send a blank email to<br>
<a href=3D"mailto:linux-aus-unsubscribe-cunTk1MwBs8iFSDQTTA3OBCuuivNXqWP@public.gmane.org" target=3D"_blan=
k">linux-aus-unsubscribe-cunTk1MwBs8iFSDQTTA3OBCuuivNXqWP@public.gmane.org</a><br>
</blockquote></div>

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