The Government, law enforcement and intelligence organisations have repeatedly insisted that Australians have nothing to fear from data retention — they just want to collect “metadata” and not the content of communications. This is a disingenuous attempt at reassurance — “metadata” is data, pure and simple, as one German politician demonstrated.

The website[1], provided by Zeit Online, provides an interactive playback of six months of metadata Malte Spitz accessed from his telecommunications company from 2009, showing his near exact location, fully replayable.

“Across a six month period German politician Malte Spitz was able to use the data retained by his telco to track his movements around Europe. It was able to show how simply carrying a mobile phone with you reveals where you are at nearly all times. This is the sort of mass surveillance system the Australian Government is proposing,” said Brendan Molloy, President of the Pirate Party.

“The information they want retained reveals everything about the communication except the content — if you strip away the doublespeak it is data. This information is far from innocuous. It reveals locations, times and interactions. It can be used to create a picture of where everyone has been and who everyone has communicated with, and very precisely. If you sent a text message to your partner before boarding a plane and called them when you arrived they would be able determine what mode of transport you took based on the time and location differences between those interactions.

“No case has been made that justifies the expansion of law enforcement powers to include data retention. All examples used to jusify the introduction of data retention have been based on successes under the current system, disproving the necessity of creating a surveillance state in which even plaintiffs in civil cases such as copyright infringement will be able to access this data.”

The recently proposed data retention legislation will also have a chilling effect on freedom of expression and freedom of the press, with the stored data capable of identifying links between journalists and their sources. The Pirate Party strongly encourages journalists to speak out against the legislation which will put them and their sources at increased risk of prosecution.

“If you publish stories revealing corruption or abuse of powers, law enforcement and intelligence personnel will be able to access, without a warrant, details of who you are communicating with and where you and they were at the time. The risk of being caught will mean less people speaking up and providing information to journalists. Stories that are in the public interest simply won’t be written.

“This is an unmitigated attack on freedom of the press. No one will be safe from the prying eyes of the surveillance state,” Mr Molloy concluded.

[1] http://www.zeit.de/datenschutz/malte-spitz-data-retention

The Queensland Government has introduced a bill that creates mandatory 15-year sentences for ‘vicious, lawless associates’ who do not cooperate with police inquiries when charged with serious crimes[1]. Pirate Party Australia opposes this serious threat to freedom of association and the right to remain silent.

“The law must be applied equally to everyone,” commented Melanie Thomas, Deputy President of Pirate Party Australia. “The targeting of bikies who fail to cooperate with police creates a sector of society who are subjected to harsher laws than everyone else. This unjust move is tyrannical and an affront to a free and democratic society.”

The notion of treating motorcycle club members more harshly than other citizens under the law is seated in the same flawed paradigm as that of the racial and gender discrimination which has become a historical embarrassment to contemporary Australia and elsewhere like the United States and South Africa.

The legislation reportedly also creates a prison solely for outlaw motorcycle gang members, a proposition that Pirate Party Australia considers absurd. The conditions imposed are grossly injust, with inmates segregated in solitary confinement for up to 23 hours a day[2]. This is far beyond the sentence for the actual crime they are charged with, and is the sort of draconian move expected from dictatorships, not democratically elected governments.

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