Category: Human Rights

Pirate Party welcomes Human Rights Committee findings against Data Retention Bill

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Last Friday, the Parliamentary Joint Committee on Human Rights released its report on the Government’s planned mandatory data retention scheme, reviewing its impact on basic human rights[1]. The Committee of 5 Coalition MPs, 4 Labor MPs, and 1 Greens MP[2] slammed the new bill, citing concerns that in its current form the bill may be in violation of Article 17 of the International Covenant on Civil and Political Rights, which prohibits arbitrary interferences with an individual’s privacy, family, correspondence or home. The Bill’s reliance on future regulation to define the scope of surveillance has the potential to create such an interference.

The report spells out that metadata can be used to extrapolate large amounts of personal information including “political opinions, sexual habits, religion or medical concerns”, that the two year retention period is unjustified, and that it is “very intrusive of privacy”. The report also cites the European Court of Justice ruling against the European Union’s similar “Data Retention Directive”.

“The Parliamentary Joint Committee on Human Rights has all but confirmed what experts in this field have been saying all along: data retention is disproportionate and unnecessary, it is a serious breach of human rights, and no case has been made for this mass surveillance proposal,” said Brendan Molloy, President of the Pirate Party.

“The Parliamentary Joint Committee on Intelligence and Security will hopefully recognise this farce for what it is. It has little do with national security, yet is extremely invasive, will effectively introduce a ‘surveillance tax’ for all Internet users, and will have a direct impact on freedom of expression as a result of the knowledge that everybody can have their position tracked and stored for two years. It is extremely draconian.

“This report provides of a glimmer of hope that Parliamentarians could come to their senses and block this fundamentally destructive proposal.”

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Data retention legislation destroys any semblance of a free society

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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.

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Foreign Fighters bill goes well beyond fighting ‘terrorism’

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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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Foreign Fighters Bill an affront to democracy

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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] https://pirateparty.org.au/media/submissions/PPAU_2014_PJCIS_Foreign_Fighters_Bill.pdf

Sri Lankan handovers the result of flawed Government policy

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The Pirate Party remains highly critical of the Federal Government’s approach to asylum seekers, following the news that an interim injunction has been granted by the High Court to prevent the Government handing 153 asylum seekers over to Sri Lanka. This news comes just days after Immigration Minister Scott Morrison confirmed 41 asylum seekers had been handed over to Sri Lanka in a separate incident. This latter group is now facing charges in Sri Lanka[1].

Pirate Party Deputy Secretary, Mozart Olbrycht-Palmer, commented: “The Government’s approach towards asylum seekers is dominated by the mantra ‘stop the boats’ and demonstrates little regard for human rights, international law or even human life. The primary goal is not encouraging asylum seekers to go through official channels: it appears to be making these people someone else’s problem. The secrecy around the operations and justifications on national security grounds are absurd. At the moment it seems that the strategy is being made up as they go along.

“By rigorously pursuing its obsession with stopping the boats, the Abbott Government has dehumanised the issue. These vessels have people in them, and putting those people at risk of criminal charges or worse is unacceptable. Although the approach towards asylum seekers has become increasingly harsh since the Rudd Government, people are still trying to seek asylum in Australia. Punishing asylum seekers is not good policy.

“Turning boats back, handing them over to foreign authorities and holding asylum seekers in substandard conditions shows that the approach has not been seriously thought out. We should be spending our resources on ensuring they have adequate means of seeking asylum, no diverting those resources into preventing people from seeking asylum in Australia. We need a regional strategy to improve asylum seeker processing and refugee resettlement, and to encourage our neighbours to meet minimum standards of care and human rights protection. The Government’s silence on matters relating to asylum seekers is highly disturbing.”

[1] http://www.abc.net.au/news/2014-07-07/high-court-injunction-halts-handover-of-asylum-seekers/5579726