tech policy•Sun, September 27, 2026•4 min read

Australia’s Proposed 'Sock Puppet' Bill: New AI Powers Could Alter Online Privacy

The Australian government is considering a new Digital Duty of Care bill that would empower the eSafety Commissioner to deploy AI-driven 'sock puppet' accounts for surveillance. Critics fear this proposal lacks the rigorous oversight typically applied to law enforcement agencies.

The Future of Digital Surveillance

The landscape of online governance in Australia is facing a major shake-up. A draft of the government's new Digital Duty of Care bill, dated September 8, has surfaced, revealing plans to grant the eSafety Commissioner unprecedented authority to operate under fake digital personas. Known as 'sock puppet' identities, these accounts could utilize artificial intelligence to engage with users across the internet.

What the Bill Proposes

The proposed section 205J(1) of the draft legislation explicitly states that the Commissioner may assume a 'sock puppet identity' to exercise their functions under the Act. Furthermore, section 205K(2) authorizes these identities to generate content—including AI-created material—provided that the production or possession of such content does not violate existing Commonwealth or state laws.

The eSafety Commissioner would be authorized to use AI to generate content under fake personas.
These 'sock puppet' accounts are permitted to interact with real users to maintain the integrity of their cover.
The legislation includes a 'good faith' shield, protecting officials from civil lawsuits for their actions while using these identities.

A Lack of Conventional Oversight

What makes this proposal particularly controversial is the absence of traditional checks and balances. Unlike the Australian Federal Police or intelligence agencies, which must obtain warrants and follow strict reporting requirements under the Crimes Act 1914, the eSafety Commissioner would not require a warrant or external approval for each instance of identity creation.

The power sits in an exposure draft of Labor's Digital Duty of Care bill... the power would be lawful, but it would hand a civil regulator a covert toolkit without any of the checks placed on police.
— Reporting on the Exposure Draft, September 2026

Looking Ahead: Ethical AI and Governance

As governments worldwide grapple with the dual nature of artificial intelligence, the debate over how agencies use these tools continues to intensify. Globally, leaders like Pope Leo XIV have called for stronger ethical frameworks to prevent AI from eroding human dignity and privacy. As Australia’s legislative process moves forward, the focus remains on whether these digital safety measures will provide protection or unintended surveillance risks for the public.

Key Takeaways

Australia's new draft Digital Duty of Care bill introduces 'sock puppet' identity powers for the eSafety Commissioner.
The Commissioner could deploy AI to create content and monitor online spaces without a warrant.
Unlike police agencies, this civil regulator is not currently subject to the same oversight or reporting requirements.
The proposal grants legal protection for officials operating these fake accounts in 'good faith'.
The move highlights the ongoing tension between digital safety regulation and individual privacy.

FAQ

What is the 'sock puppet' power in the proposed bill?

It refers to the authority granted to the eSafety Commissioner to create and manage fake digital identities to conduct surveillance or interact with users online.

Does the Commissioner need a warrant to use these fake identities?

According to the draft legislation, the Commissioner does not require a warrant, case-by-case authority, or outside approval to use these identities.

How does this differ from police surveillance powers?

Law enforcement agencies like the Australian Federal Police are subject to the Crimes Act 1914, which requires warrants, regular internal reviews, and annual reports to Parliament.

What kind of content can the AI identities generate?

The bill authorizes the use of AI to generate material, provided that the creation or possession of such content is not illegal under other Commonwealth or state laws.