On Wednesday September 9 the Australian government, as one of its weekly National Security announceables, announced increased funding for The National Facial Biometric Matching Capability[1]. This technology gives law enforcement agencies the ability to use images that were captured for the creation of drivers licenses, passports, and so on, to cross-reference and identify people via CCTV. While it is being pitched as a great tool for catching terrorists, we fear that this technology could be re-purposed into a means of putting the entire population under real-time surveillance, and has the potential for false positives to pull innocent people into cases they played no part in.

The Pirate Party calls upon the new Prime Minister Malcolm Turnbull to do away with the theatrics of weekly National Security announceables, which serve no purpose other than political point scoring. We also call on the government to change tack and stop the relentless march towards a police state in an attempt to wedge the ALP.

“Every few weeks the government launches another assault on our civil liberties and every week the ALP waves it through,” said Michelle Allen, Pirate Party candidate for the Canning By-Election. “Our basic rights are under bi-partisan assault in an effort to appear tough on terrorism and crime. Abbott continually attacked civil liberties as a tactic to wedge the ALP. It is time to say enough. We believe that Australians should be treated as citizens not suspects. We call on Malcolm Turnbull to stop the attacks on our freedoms and to restore our civil liberties that have withered under the Abbott government.”

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The Pirate Party welcomes the latest development in the Dallas Buyers Club (“DBC”) case[1]. Justice Nye Perram’s ruling protects Australians from speculative invoicing, a practice widespread in the US and other parts of the world in which copyright holders effectively extort legal settlements from those they accuse of copyright infringment. Furthermore, DBC was ordered to pay a bond of $600,000 to access contact details of alleged infringers to ensure they abide by restrictions his Honour may order over the content of communications between the rights-holders and the accused unauthorised file-sharers.

“We are pleased to see the Federal Court taking a keen interest in ensuring customers’ details are not used for shakedowns through speculative invoicing,” said Simon Frew, President of the Pirate Party. “We have been concerned that the DBC case would open the floodgates for a burgeoning new industry of copyright trolling in Australia.”

The judgement is a positive step for consumers because it limits the potential scope of damages. The company has not provided a legitimate way for damages to be calculated and Justice Perram has instructed the damages only be calculated in the context of someone viewing the movie, instead of calculating the cost of buying a commercial license to distribute. This ruling accords with the Pirate Party’s position on the issue, as well those of consumer and digital rights groups such as Electronic Frontiers Australia[2], who make the point that the movie retails for almost nothing compared to what might be sought as damages.

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Last night the Federal Parliament voted to give law enforcement and intelligence agencies access to an unprecedented amount of information on all Australians[1]. The Coalition Government and Australian Labor Party gleefully goose-stepped together to pass legislation requiring telecommunications service providers to store enormous amounts of personal data for a minimum of two years under the mandatory data retention scheme.

This has created a mass surveillance regime that will target all Australians at a time when other countries have abandoned this approach, and Australians will pay for this increased surveillance through taxes and additional phone and Internet charges. This is despite overwhelming evidence that mandatory data retention schemes do not work to reduce serious crime and are a substantial assault on privacy.

Pirate Party Deputy President Simon Frew said: “Years of undermining privacy and other civil liberties has reached a climax. Everyone will live under the shadow of mass surveillance. We can no longer take our privacy for granted. It doesn’t matter if you’re a doctor, a lawyer or a journalist — no one can assume that their communications are confidential. This is the most shamelessly authoritarian legislation Australia has seen for a long time.”

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Today is a dark day for Australians and the Internet as the Labor Party caucus approves data retention[1] and the Coalition prepares to introduce misguided new legislation aimed at combatting online copyright infringement[2]. To encourage Australians to join us in fighting back, the Pirate Party is offering pay-what-you-want memberships with no minimum amount at https://pirateparty.org.au/join

Pirate Party Deputy President Simon Frew said: “The Government and the Opposition have effectively declared war on the Internet and war on our privacy. The Labor Party has rolled over on data retention, meaning all Australians will be subjected to mass surveillance until this appalling legislation is repealed.

“At the same time, legislation to give copyright holders an easy mechanism to get websites blocked will mean we are subjected to a censorship regime. The Government has opted for a long and pointless game of whack-a-mole — as soon as a site is blocked it will pop up in several new places and copyright infringement will continue.

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As the Parliamentary Joint Committee on Intelligence and Security (PJCIS) convenes its hearings today in the wake of the Sydney hostage crisis, the Pirate Party urges that this tragedy not be used to hastily legislate mandatory data retention. The Pirate Party, while acknowledging and praising the work of NSW Police in resolving the situation, is deeply concerned about the effectiveness of existing investigative and monitoring procedures.

“We must be cautious not to allow this tragedy to cover the passing of legislation that disrupts fundamental rights and freedoms,” commented Brendan Molloy, President of the Pirate Party. “To date, all incidents that could have been preempted have been with existing police powers. Incidents like the Sydney Hostage Crisis would not be preempted with data retention.”

“A significant question that needs to be answered is how a person such as the perpetrator, Man Haron Monis, who was known[1][2][3] to be a potential threat to the community was not under targeted surveillance, as there are already sufficient powers for this purpose. Our law enforcement and intelligence agencies seem too caught up in pushing for more powers and tools, including data retention, rather than responsibly and effectively using the powers they already have.”

“It is vital that this tragedy is not used to needlessly take away the rights and freedoms so basic to our democracy. We urge the Committee on Intelligence and Security to seriously consider the reality that ‘lone actor’ attacks are conducted by people who will not be detected through data retention, and that terrorist organisations know this and are using it to their advantage[4].”

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