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 “While arguing about ‘how out of date interception laws are,’ they seemed oblivious to the fact that an intrusive scheme of warrantless retention of data was already passed under the Cybercrime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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This weekend, Saturday September 15, activists will gather in Sydney’s Hyde Park to protest under the banner of the international ‘Freedom Not Fear’ movement[1]. They join with protesters across Europe demanding an end to the surveillance mania.

“As we commemorate the eleventh anniversary of the despicable 9/11 attacks, we also reflect on the climate of fear that has been exploited and allowed governments, law enforcement and intelligence agencies to pass controversial, unnecessary and unbalanced laws that erode privacy and other fundamental freedoms,” said David W. Campbell, President of Pirate Party Australia.

The Australian Government has proposed sweeping legislative changes with the claim of protecting national security. These changes, if accepted, represent the greatest erosion of privacy we have seen in Australia.

“We invite Sydneysiders to join us at midday this Saturday, September 15, to protest proposals like those of the National Security Inquiry. We ask them to join us in re-affirming the values of a free and open society, demanding freedom, not fear,” continued Mr Campbell.

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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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This opinion piece was co-authored by David Campbell (President) and Mozart Olbrycht-Palmer (Deputy Secretary).

Following the ABC’s announcement that they will be streaming timely content from the new series of Dr Who, I applaud the broadcaster for moving with public demand and technological advancements.

I am very pleased to see a publicly funded broadcaster moving with society rather than against it. The ABC has recognised the demand for global release dates to be brought closer together. If more broadcasters (and content rights holders) could recognise this demand and innovate within the marketplace, as the ABC has done, the issues of fans wanting content available in a timely fashion would no longer be a concern.

Instead of attacking fans with litigation, or lobbying governments to restrict our civil rights, we need to move with new technology and innovate within the global market. Old media broadcasters cannot afford to flounder or their place will be taken by new content suppliers who have adapted to the changing environment.

When fans of a television show can share high definition “pirate” recordings with the other side of the world within hours of the initial broadcast, Australian fans find it difficult to understand why it takes weeks, months or even years for a television show to reach our shores. In a globally connected society, where peer groups span the world, creating ubiquitous word-of-mouth demand and discussing popular content and culture, the lack of availability often results in infringement of the established copyright monopoly.

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