Pirate Party Australia has made a submission to the Attorney-General’s Department regarding the effectiveness of the Freedom of Information Act 1982.[1]

In its submission the Pirate Party calls for an end to blanket exemptions for intelligence agencies like ASIO, encouraging the application of the FOI framework to all government organisations and agencies. The submission refers to several cases involving the Party’s own freedom of information requests, notably the lack of success in bringing transparency to meetings between the Attorney-General’s Department and industry regarding file-sharing, and the refusal to release draft national security legislation which has been appealed to the Office of the Australian Information Commissioner.

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Pirate Party Australia recommends caution be exercised in regards to the establishment of a global digital market that would involve ceding sovereignty of data to the United States or other jurisdictions with poor data protection legislation and records.

The Party’s warning bells were triggered by an opinion piece from Jeffrey Bleich, US Ambassador to Australia, published in the Sydney Morning Herald two days ago[1]. Mr Bleich’s opinion piece states that the Trans-Pacific Partnership Agreement (TPP) may be used to eliminate what he refers to as “cloud protectionism”.

“It’s alarming that they would be even considering such a thing, when the Dutch are currently wondering whether the US can access their confidential health records[2] under the PATRIOT Act[3],” said Brendan Molloy, Secretary of Pirate Party Australia.

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Having been refused access to draft national security legislation and preparatory texts, Pirate Party Australia has appealed to the Australian Office of the Information Commissioner for a review of the decisions of the Attorney General’s Department in the hope of gaining access to the documents.[1]

“After what was a disgraceful decision by the bureaucrats at the Attorney General’s Department to suppress these documents, we have now elected to appeal to the Information Commissioner so that we might finally come to understand the position of the Attorney General’s Department, and the advice they have received thus far,” said Rodney Serkowski, speaking for Pirate Party Australia.

“Whilst we have seen improvements in Freedom of Information laws in this country, there is still vast room for improvement, with the culture of secrecy still permeating throughout the public service. Processes and information that should be publicly available, are being suppressed for political reasons and to inhibit meaningful scrutiny and participation by non-governmental organisations and civil society,” Mr Serkowski.

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Stakeholders at a briefing held by the Department of Foreign Affairs and Trade (DFAT) last Friday were told that the upcoming regional agreement, Trans-Pacific Partnership Agreement (TPP), would contain some intellectual property provisions similar to the Anti-Counterfeiting Trade Agreement (ACTA).

ACTA was rejected by the European Union earlier this year, and the Joint Standing Committee on Treaties (JSCOT) has recommended against ratification until stringent criteria are met, including a cost-benefit analysis. Pirate Party Australia made multiple submissions to JSCOT regarding ACTA[1][2].

The TPP will contain an intellectual property chapter cobbled together from various other free trade agreements and treaties, including the Australia-United States Free Trade Agreement (AUSFTA), representatives of DFAT indicated when questioned. This is in direct contradiction to a 2010 recommendation by the Productivity Commission to seek to exclude intellectual property provisions from future bilateral and regional trade agreements (BRTAs), after AUSFTA introduced a net loss to the Australian economy[3].

“It is of great concern that we may see the reintroduction of ACTA-like provisions in the Trans-Pacific Partnership Agreement, which has been resoundly binned as a poorly formed agreement, starting with the EU rejecting it and continuing with JSCOT’s scathing review,” said Brendan Molloy, Secretary of Pirate Party Australia.

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Pirate Party Australia raises concerns over the mandatory nature of the new Interpol Internet filtering regime, in regards to its opaque nature and the dubious use of §313 of the Telecommunications Act.

ISPs have been ordered to implement Interpol’s “worst-of-the-worst” filter that specifically targets websites that provide access to child abuse material. This order has been made under §313 of the Telecommunications Act 1997. It is unclear whether or not the use of §313 for the purposes of Internet censorship is appropriate or even legal.

“While an Internet filtering regime that focuses squarely on the Interpol blacklist is a major step back from the proposed mandatory censorship regime which would have encompassed all Refused Classification content — and even some R18+ and MA15+ content — the opaque nature and lack of control over the blacklist are still issues that raise significant concern,” said Brendan Molloy, Secretary of Pirate Party Australia.

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