Pirate Party Australia applauds the recent remarks of Opposition communications spokesman Malcolm Turnbull in relation to the interception and storage of digital communications.

Mr Turnbull expressed “very grave misgivings” about the proposal for data retention contained within the ongoing National Security Inquiry’s discussion paper. Mr Turnbull also indicated that he believes the right to private communications — including the ability to destroy correspondence and personal records — should be maintained, regardless of medium[1].

Pirate Party Australia is pleased to see a Member of Parliament actually voice concern over the proposals considering the immense public backlash against them.

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The Attorney General’s Department has rejected a Freedom of Information request made by Pirate Party Australia treasurer Rodney Serkowski regarding draft national security legislation that was prepared in 2010 by that department[1].

“This is a disgraceful and troubling response from the Attorney-General’s Department,” Mr Serkowski commented. “They have completed draft legislation, prior to any transparent or consultative process, and are now denying access to that legislation, for reasons that are highly dubious and obviously politically motivated. The Department is completely trashing any semblance or notion of transparency or participative democratic process of policy development.”

“Where the legislative proposals almost certainly mean the complete erosion of fundamental freedoms like privacy, it is in the public interest that we are able to access the text of such proposals so as to properly inform public debate. We want transparent government and private citizens, not the opposite.”

Pirate Party Australia will appeal the decision of the Department to the Office of the Australian Information Commissioner (OAIC) seeking to have the draft legislation and prepatory texts released.

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Pirate Party Australia expresses grave concerns at the stance taken by the four Police Commissioners at the National Security Commission Hearings in Sydney on Wednesday, who made clear their desires for vastly overreaching data retention schemes.

While professing to have only “true and pure” motives, the four commissioners reluctantly accepted the proposed two-year retention period while stating they would prefer five-year, seven-year or even unlimited retention periods[1].

“It appears that the police commissioners are trying to portray their two-year retention proposal as a reluctant compromise, yet any blanket warrantless arbitrary retention of the communication data of the entire population is a totally unnacceptable risk to civil liberties and fundamental privacy rights,” said Mozart Olbrycht-Palmer, Deputy Secretary of Pirate Party Australia. “While arguing about ‘how out of date interception laws are,’ they seemed oblivious to the fact that an intrusive scheme of warrantless retention of data was already passed under the Cybercrime Legislation Amendment Bill. These amendments provide targeted retention on request, rather than automatic blanket retention of everyone’s data.”

“We object to any widescale surveillance systems, and oppose mandatory data retention for all Internet connections, regardless of the retention period. Judicial oversight and explicit, limited warrants are necessary safeguards that the National Security Inquiry discussion paper proposes to eliminate. It appears that the police commissioners are essentially saying ‘trust us’ while attempting to do away with judicial oversight of their actions, railing agianst the ‘burdensome’ nature of warrants – an element key to protecting society from abuse of powers.”

The Pirate Party is alarmed by the cavalier attitude displayed by the police agencies as to the “burdensome” aspect of warrants and the lack of regard to ways such powers could be abused and compromise privacy.

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Pirate Party Australia is concerned by Attorney-General Nicola Roxon’s recent letter to the Parliamentary Joint Committee on Intelligence and Security (PJCIS). In the letter Ms Roxon attempts to clarify the meaning of “telecommunications data” in the ongoing National Security Inquiry.

According to Ms Roxon, “telecommunications data” is everything except the actual contents of communications.

“While this may seem harmless, knowing who is communicating with who can be just as revealing as the actual contents,” said Brendan Molloy, Secretary of Pirate Party Australia. “By storing who you are communicating with, profiles can be built of individuals and communities. This is not reasonable surveillance, this is spying on innocent people.”

“In addition, storing the date, time and location that communications were made at is effectively a massive tracking scheme. We are constantly sending data through Facebook, emails, text messages, and so on. There are obvious implications about storing where we were and when.”

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Attorney-General Nicola Roxon appears to have swung her support behind a controversial plan to capture the online data of all Australians, despite only six weeks ago saying ”the case had yet to be made” for the policy[1].

Pirate Party Australia is confused over why the Attorney-General is supporting mandatory data retention, despite acknowledging the many flaws and security issues that storing this data presents.

Ms Roxon seems to have held a prior opinion opposing the retention plan, and for good reasons. The suggested plan is in direct contravention of human rights treaties Australia is signatory to. It includes arbitrary violation of privacy and an unprecedented level of interference, in violation of the UN Universal Declaration of Human Rights, Article 12[2]. It is akin to having the postal service steam open your mail, photocopy it and reseal it before delivering it.

“It is amusing that in a talk she gave at the Security in Government Conference[3], Roxon talks about the ‘balance between ensuring we have the investigative tools needed to protect the community and individual privacy’ – less than ten minutes after saying that ‘staff can be confused, exploited or corrupted into providing access to systems.’ How can she envision setting up a system for data retention, knowing these systems can be, and are being, subverted?” said David W. Campbell, President of Pirate Party Australia

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