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

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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 no=
t 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 a=
lways 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 e=
xcept with maybe a letter of support or similar. We could possibly do an am=
icus 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-cunTk1MwBs8iFSDQTTA3OBCuuivNXqWP@public.gmane.org> on behalf of Linux A=
ustralia Website via linux-aus <[email protected]>
Sent: Thursday, 16 July 2026 21:08:33
To: [email protected] <[email protected]>; linux-aus@=
lists.linux.org.au <[email protected]>
Cc: Linux Australia Website <[email protected]>
Subject: [Linux-aus] Grant Application from Fraser Tweedale for Support the=
 myGov Code Generator source code FOI review

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 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=92s access refusal decisio=
n 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 gove=
rnment transparency and software security, the validity of =93security by o=
bscurity=94 arguments in this context, and the benefits and consequences of=
 governments granting access to the source code of applications they develo=
p and expect citizens to run on their devices.
Much more detail about this matter, and regular updates, are available at h=
ttps://openmygov.au.
The outcomes of this legal proceeding and my associated efforts will includ=
e:
* Precedent: A binding or persuasive administrative law decision regarding =
the accessibility of government-developed source code under Australian law,=
 and the validity of =93security by obscurity=94 arguments for refusing acc=
ess.
* 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=97in other words, a legal t=
oolkit for future open-source FOI litigation in Australia (and possibly use=
ful elsewhere)
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.
## Risks and disclosures
### Impact on LA funding and government relations
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=92s =
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 m=
atter and the purpose of the review is aligned with Linux Australia=92s val=
ues 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=92s =93security by ob=
scurity=94 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. 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.
### Disclosure of EO2027 treasurer role
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.
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=92s national security claims and applications for confidentialit=
y orders over critical evidence have depleted these funds sooner than expec=
ted. We are now in an intense phase, finalising the evidence and submission=
s. The substantive hearing is listed for 3 days from 2=964 September in Mel=
bourne.
Cumulative costs by the end of this proceeding will certainly exceed $30,00=
0, and could end up in the range of $40,000=96$50,000. The shortfall betwee=
n funds raised (so far) through crowdfunding campaigns and the eventual cos=
ts is therefore at least $10,000 and possibly much more.  In addition to Wi=
se Law=92s fees (the biggest expense by far), my costs include travel to an=
d accommodation in Melbourne for the hearing, and for a one-day strategy me=
eting back in February.  (Wise Law and both expert witnesses are based in M=
elbourne.)
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.
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.
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.
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.
First Name: Fraser
Last Name: Tweedale
Email Address: frase-LQH3g+Q4lh66c6uEtOJ/[email protected]
A statement including a willingness to provide regular project updates on t=
he project: I publish detailed information and updates about this case at h=
ttps://openmygov.au/. 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.
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).

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<head>
<meta http-equiv=3D"Content-Type" content=3D"text/html; charset=3DWindows-1=
252">
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<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(0,=
 0, 0);">
I'm sorry but that's a no from me.&nbsp;</div>
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(0,=
 0, 0);">
We are not here to fund litigation.&nbsp;</div>
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(0,=
 0, 0);">
While we may receive the benefit of the result of that litigation it was no=
t started by us nor is LA a party to this.&nbsp;</div>
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(0,=
 0, 0);">
<br>
</div>
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(0,=
 0, 0);">
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.&nbsp;</div>
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(0,=
 0, 0);">
<br>
</div>
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(0,=
 0, 0);">
The litigants knew it was expensive to start with, and the government was a=
lways going to push back hard. That is not our responsibility to assist.&nb=
sp;</div>
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(0,=
 0, 0);">
<br>
</div>
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(0,=
 0, 0);">
Individuals who want to support this can do so at their own expense and to =
the best of their abilities.&nbsp;</div>
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(0,=
 0, 0);">
<br>
</div>
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(0,=
 0, 0);">
However, I do not see LA as an organisation who should be supporting this e=
xcept with maybe a letter of support or similar. We could possibly do an am=
icus 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.&nbsp;</div>
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(0,=
 0, 0);">
<br>
</div>
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(0,=
 0, 0);">
I am happy for us to fund someone to review the code when/if it is released=
 but not to fund the litigation itself.&nbsp;</div>
<div id=3D"ms-outlook-mobile-body-separator-line" data-applydefaultfontstyl=
es=3D"true" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-system=
, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt;" dir=3D"ltr">
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt;">
<br>
</div>
</div>
<div style=3D"font-family: Aptos, Aptos_MSFontService, -apple-system, Robot=
o, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(0, 0, 0);" id=
=3D"ms-outlook-mobile-signature">
<div style=3D"font-family: Aptos, Aptos_MSFontService, -apple-system, Robot=
o, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(33, 33, 33);">
Regards</div>
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(33=
, 33, 33);">
Marcus</div>
<div dir=3D"ltr" style=3D"font-family: Aptos, Aptos_MSFontService, -apple-s=
ystem, Roboto, Arial, Helvetica, sans-serif; font-size: 12pt; color: rgb(33=
, 33, 33);">
<br>
</div>
</div>
<hr style=3D"display:inline-block;width:98%" tabindex=3D"-1">
<div id=3D"divRplyFwdMsg" dir=3D"ltr"><font face=3D"Calibri, sans-serif" st=
yle=3D"font-size:11pt" color=3D"#000000"><b>From:</b> linux-aus &lt;linux-a=
[email protected]&gt; on behalf of Linux Australia Website via =
linux-aus &lt;[email protected]&gt;<br>
<b>Sent:</b> Thursday, 16 July 2026 21:08:33<br>
<b>To:</b> [email protected] &lt;[email protected]&gt=
;; [email protected] &lt;[email protected]&gt;<br>
<b>Cc:</b> Linux Australia Website &lt;[email protected]&gt;<=
br>
<b>Subject:</b> [Linux-aus] Grant Application from Fraser Tweedale for Supp=
ort the myGov Code Generator source code FOI review</font>
<div>&nbsp;</div>
</div>
<div class=3D"BodyFragment"><font size=3D"2"><span style=3D"font-size:11pt;=
">
<div class=3D"PlainText">Your Email Address: frase-LQH3g+Q4lh66c6uEtOJ/[email protected]<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=92s 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 i=
nvolves critical questions about government
 transparency and software security, the validity of =93security by obscuri=
ty=94 arguments in this context, and the benefits and consequences of gover=
nments granting access to the source code of applications 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">
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 =93security by obscurity=94 arguments for refusing acc=
ess.<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=97in other words, a legal t=
oolkit for future open-source FOI
 litigation in Australia (and possibly 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=92s =
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=92s val=
ues and purpose and is being pursued
 in the public interest; it is unlikely to be perceived as frivilous or vex=
atious.<br>
### The Tribunal decides against transparency<br>
Impact: Should the Tribunal agree with the Respondent=92s =93security by ob=
scurity=94 arguments and refuses access, it sets an unfortunate 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 and playbook for FOI litigation in=
volving open source and cybersecurity matters.<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=92s national security c=
laims and applications for confidentiality orders over critical evidence ha=
ve depleted these funds sooner than expected. We are now in an intense phas=
e, finalising the evidence and submissions.
 The substantive hearing is listed for 3 days from 2=964 September in Melbo=
urne.<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=96$50,000. The shortfall betwee=
n funds raised (so far) through crowdfunding campaigns and the eventual cos=
ts is therefore at least $10,000 and
 possibly much more.&nbsp; In addition to Wise Law=92s fees (the biggest ex=
pense by far), my costs include travel to and accommodation in Melbourne fo=
r the hearing, and for a one-day strategy meeting back in February.&nbsp; (=
Wise Law and both expert witnesses 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 preclude other worthwhile grant opportuni=
ties.<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 proceeding on open source public policy and l=
aw 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 Peter are providing their services fre=
e 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 recognition of the public interest na=
ture of this case. Jason has also employed a paralegal to help with prepara=
tion of my case; this will reduce costs because the volume of evidence and =
submissions is significant.<br>
First Name: Fraser<br>
Last Name: Tweedale<br>
Email Address: frase-LQH3g+Q4lh66c6uEtOJ/[email protected]<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/">https://openmygov.au/</a>. All informatio=
n I can publish, I do, including submissions, evidence, and Tribunal decisi=
ons and orders. It will form a significant and valuable artifact for Freedo=
m of Information applicants or litigants,
 and people interested in the intersection of free/open source software, pu=
blic 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>
</div>
</span></font></div>
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