On Thursday, the Government introduced data retention legislation into the House of Representatives as the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014[1]. The AFP has confirmed, even before the legislation has been voted upon in Parliament, that data retention will be used for copyright enforcement[2]. The legislation also confirms that the exact location of mobile phone users will be stored as part of these provisions.

“There are far too many flaws in this legislation to enumerate,” said Brendan Molloy, President of the Pirate Party.

“There has been no discussion as to why the current retention order provisions are insufficient. This legislation is disproportionate and unnecessary. ‘Metadata’ is ill-defined in such a way as to contain so much information that it is effectively the content of the communication, insofar that it contains the context and location of all communications. This is a massive issue for journalists, whistleblowers, activists, and a whole host of other persons whose activities are in many cases legal but perhaps not in the interests of the state to let happen without some level of harassment.

“There are significant issues relating to cost and security of the data. Steve Dalby of iiNet said yesterday that iiNet would consider storing the data where it is the cheapest, which includes Chinese cloud providers. There will be a significant ‘surveillance tax’ introduced by retailers to cover the costs of storing this data that nobody wants stored.

“Now we have it admitted by the AFP today that this legislation will be used for something completely unrelated to national security: copyright enforcement. The legislation hasn’t passed and yet already the scope is creeping! They are taking away our right to free expression and privacy to protect the profits of a few large corporations.

“There is significant evidence to suggest that this legislation, which ensures that all persons in Australia will be under permanent and constant surveillance regarding all of the activities they conduct in the modern world, exists for nothing more than to track and control the entire population through the chilling effect of the knowledge that the Government will be storing your precise location data for two years, and more.

“This has very quickly gone from the fallacious argument of stopping Johnny Terrorist to being abused for civil proceedings such as divorce or copyright infringement. This legislation seems to go significantly further than a similar directive that was overturned by the Court of Justice of the European Union as being disproportionate.

“There is no justification provided as to why this data needs to be stored for every person in this country. Targeted surveillance with a warrant is already possible under current legislation. No exposure draft was provided because the Government knows that this legislation has no support and would be dead in the water if any real public consultation were to be undertaken.

“And the best part: there is still no definition of ‘metadata’ after six years of backroom consultations between the AGD and industry.

“We urge Labor and other Senators to block this abhorrent attack on free expression and liberal democracy which will cause untold damage to our culture and our judicial principals and practices. People have the right to be treated as innocent before proven guilty, and the right to live freely in a supposedly free society.”

[1] http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query%3DId%3A%22legislation%2Fbillhome%2Fr5375%22;rec=0
[2] http://www.gizmodo.com.au/2014/10/australian-federal-police-we-could-use-metadata-to-prosecute-pirates/

The Pirate Party wishes to draw attention to the TPP ministerial meeting to occur tomorrow, 25 October 2014, and continues to reiterate the demand that the draconian text be made public.

Tomorrow, 25 October 2014, Sydney will host a meeting of trade ministers from countries currently negotiating the Trans-Pacific Partnership Agreement (TPP). The aim of the meeting is to conclude the “basic elements of the agreement before the end of the year,” despite the last four years of negotiations being fraught with fundamental disagreements. Of enormous public concern is the lack of transparency surrounding what is intended to be a comprehensive agreement: at this point in time, no drafts have been officially made available for public comment or consideration.

“Recent leaks[1] show the negotiators have learned nothing from the public outcry over previous leaks. The negotiators are pushing ahead with paradigm-shifting intellectual property provisions in the interests of entrenched American corporations, going above the sovereign parliaments of their own nations. Once the document is signed, it is very unlikely to be changed, and very likely to be waved through Parliament with limited oversight. This is legislation through the backdoor; corporate capture of democracy,” commented Brendan Molloy, Pirate Party President.

“It is beyond time that the text was made public. We have seen the content of it through leaks, and what we have seen would have a significantly negative impact on everything from freedom of expression, access to knowledge and access to medicine[2], all in the interests of American corporations. This agreement is not in the national interest.”

“Australia should not be sacrificing a digital future for short term gains in mining and agriculture.”

There is presently no expected completion for the agreement, with the deadline constantly being pushed back. Once finished, it will be signed by representatives of the negotiating countries, and be ratified by the Australian Government at some point after that. The Joint Standing Committee on Treaties will conduct an inquiry into the TPP and make recommendations to the Government, however Parliament is not required to approve the Agreement (but may be required to pass new legislation in order to maintain any new obligations Australia receives). The Pirate Party urges all concerned Australians to submit to the Committee when the inquiry is announced.

[1] https://www.wikileaks.org/tpp-ip2/
[2] http://digital.org.au/content/breaking-leak-controversial-tpp-ip-chapter-shows-us-still-pushing-draconian-copyright

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has recommended that Parliament pass the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014, despite acknowledging the inadequate amount of time given for public consultation[1]. The Committee recommended a number of amendments that primarily concern improving oversight of the additional powers being granted to law enforcement and intelligence agencies, but also clarifying certain terms and reducing the allowable period for detention without notification and delayed notification search warrants. However, no substantial amendments have been recommended.

Pirate Party President Brendan Molloy commented: “Increased oversight will cushion the impact of these reforms, but not in any significant way. We’re still going to see people being detained for up to two hours without notification of family members or other persons. We’re still going to have search warrants where the occupier of the premises won’t be informed that their premises have been searched for up to 12 months afterwards. We’re still going to have people visiting certain areas declared guilty until proven innocent. And we’re still going to see the thresholds for law enforcement and intelligence agency action reduced.

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A recent leak of the Trans-Pacific Partnership Agreement (TPP) draft intellectual property chapter shows that negotiators remain divided over key issues[1]. The leak reveals that in May 2014 there was limited agreement on the intellectual property provisions, despite the negotiations being ongoing since at least 2008. The TPP is notorious for the secrecy of its negotiations and the exclusion of the public despite it being widely known that some corporate lobbyists have had access to draft texts and a strong hand in influencing negotiating positions.

Of concern are draft provisions that would substantially increase the cost of medical treatment, both domestically and in other participating countries, which demonstrates the strong lobbyist influence on the negotiations. Other provisions may expand Internet service provider surveillance of subscribers, expand what can be patented, and seriously undermine competition by strengthening monopoly rights.

“It is time for the game of secrecy to end. The negotiations seem to be going around in circles and be contrary to the stated positions of the negotiating nations. They fly in the face of expert opinions, and consultations thus far have been little more than shams,” said Brendan Molloy, Pirate Party President.

“Negotiating in this fundamentally undemocratic way will see the involved nations saddled with obligations designed by lobbyists for the benefit of lobbyists, and by the time we find out exactly what those obligations are it’ll already be signed and imposed upon us,” Mr Molloy continued.

Of enormous concern is the removal of an article that would ensure Article 31 of the TRIPS Agreement remained fully effective. Article 31 regards compulsory licences of patents to ensure national emergencies in developing countries can be effectively managed. Limiting the effect of Article 31 is likely to have extremely negative effects on managing local and global epidemics[2].

[1] https://www.citizen.org/tpp-ip-wikileaks
[2] http://keionline.org/node/2108

The Pirate Party today made a brief submission to the Parliamentary Joint Committee on Intelligence and Security’s Inquiry into the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014. The Pirate Party criticised the length of the Bill and its explanatory memorandum, as well as the short timeframe afforded for public comment[1].

Mozart Olbrycht-Palmer, author of the Pirate Party’s submission, commented: “Combined, the Foreign Fighters Bill and its explanatory memorandum are more than 350 pages long. For something as simple as preventing the handful of Australians allegedly heading overseas to fight and train with terrorist organisations from leaving or returning, these amendments are extremely broad. This Bill covers not just migration and passport restrictions, but also extends the powers of ASIO operatives and reduces judicial oversight. It even amends social security legislation. Our submission protested the enormity of the Bill and the nine days provided for the public to make submissions.

“Railroading such broad legislation through Parliament and token public consultation is fundamentally undemocratic. We are losing rights and freedoms before we realise what’s going on.”

This is the second of three waves of expected national security reforms and the process of presenting an enormous bill with minimal time for public consultation has been repeated. It is anticipated that the Government will soon present legislation that will introduce a data retention regime.

[1] http://pirateparty.org.au/media/submissions/PPAU_2014_PJCIS_Foreign_Fighters_Bill.pdf