On August 17, US Senator David Shoebridge criticized UK’s New South Wales plans (NSW) to expand police access to forensic phone software, warning that the technology could move from warrant-based investigations into routine policing, questioning issues on privacy, oversight and digital evidence.
The question everyone’s asking is not whether police should have access to digital evidence, but how far that access should go.
The proposed changes would expand the circumstances in which officers can unlock and examine personal devices, while tools such as Israeli surveillance company, Cellebrite can recover far more than a few messages or call records.
As NSW proceeds to give police faster access to this technology, the key issue is whether existing safeguards are strong enough to match the growing reach of digital investigations.
Forget Warrants. Get Wider Smartphone Access
In 2022, NSW introduced Digital Evidence Access Orders for seized devices, with refusal to comply can lead to five years in prison. The proposal would give forensic phone software a wider role after seizure.
Israel’s Cellebrite software extracts data from phones, tablets and SIM cards, and is sold to police, defense and security agencies, with critics scrutinizing the cell phone extraction software, saying it reaches beyond visible files.
The party’s justice spokesperson for NSW Greens MLC, Sue Higginson, said it can retrieve encrypted messages, health data, call logs, contacts, locations and metadata, which makes police digital forensics a privacy issue.
One phone can expose conversations involving unaccused people.
“Most people in NSW would be alarmed to know that the NSW police, using data from an Israeli corporation … can access any message they have ever sent, any photo they have ever taken, their location at any moment, everything they have ever searched and biometric data about who they are,” Higginson said.
The scale of Cellebrite phone extraction is unclear. Higginson cited evidence that one officer downloaded about 20 devices a week, suggesting routine use may be significant.
Oversight of forensic phone software is fundamental.
Officers who give false information to obtain an order can face up to two years in prison or a $11,000 fine. Higginson said there are no reporting requirements for Cellebrite use and no known deletion rules after cases end, and that matters for law enforcement digital forensics because data can outlive a case.
Additionally, Higginson cites the Brittany Higgins case, saying downloaded material later appeared in defamation proceedings. Which shows why cell phone extraction software rules must cover retention and reuse.
Expanded Surveillance System
The reforms also cover toll camera images on the Sydney Harbour Bridge and Sydney Harbour Tunnel. This expands NSW police surveillance techniques and links device evidence with public-space data.
NSW also plans to join national Face Matching Services, allowing secure sharing of driver license and photo card images. These new police surveillance powers aim to stop stolen identities being used by organized crime.
The government says police crack encrypted phones because criminal groups use secure messaging, remote wiping and intermediaries.
“Organized crime has changed, and our laws need to change with it,” said Premier Chris Minns.
So, when it comes to police digital forensics, should powers designed for organized crime become easier to use during policing?
Oakland offers a comparison. Its police department has contracted Cellebrite since 2014 and extended the deal to June 2027, with more than 200 device searches last year, according to KQED News.
That example shows how Cellebrite software can become a standard investigative infrastructure once agencies integrate it into their daily operations. The forensic phone software is foundational to Shoebridge’s criticism of Cellebrite’s government use.
He also questions military-grade surveillance solutions moving into civilian policing.
“NSW Police can now hack your phone at a roadside stop using Cellebrite, Israeli phone-cracking technology sold to police forces and intelligence services worldwide,” Shoebridge said.
The government committed $126.2 million in the 2026- 2027 NSW budget, including $108.8 million for ICT infrastructure and $17.4 million for the NSW Crime Commission, showing police digital forensics is growing.
As forensic phone software becomes more capable, the real challenge remains whether technical power is matched by clear deletion rules, reporting, and independent oversight.
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