Wiretapping Australia

From a speech on the Telecommunications (Interception and Access) Act 1979, Senator Natasha Stott-Despoja notes that in 2003, Australia issued 75% more wiretap warrants than the US did and this was 26 times greater than the US on a per capita basis.

The entire speech [pdf] :

The annual report on the Telecommunications (Interception) Act and the Commonwealth Ombudsman's report to the Attorney-General on the results of inspections of records under the Surveillance Devices Act 2004, which was the previous report, reveal what I consider a disturbing trend under this particular government, that is, a preoccupation with understanding our every move.

I know that the government is claiming that its results in the telecommunications annual report highlight the effectiveness of telecommunications interception. In fact, these two reports reveal a government that is increasingly at ease with the notion of eavesdropping on private conversations, watching its private citizens and encroaching on civil liberties.

Last year, the Senate Legal and Constitutional Legislation Committee, in its report into the Telecommunications (Interception) Amendment Bill, cited a calculation that, by comparison with the US for 2003-04, Australia issues 75 per cent more warrants than the total number of US wiretaps warrants, and that this represented 26 times the rate on a per capita basis. So prolific is snooping activity that the Victorian Law Reform Commission is investigating surveillance in public places, and there is work at the Council of Attorneys-General level for a CCTV code, which will surely lay the infrastructure for blanket surveillance.

I have looked at this year's Attorney-General's media release that states in the 12-month reporting period the Commonwealth got to almost 1,500 convictions. Last year, there were more than 1,533 convictions in which lawfully obtained intercepted information was given in evidence; as if 1,500 is the magical number in which to justify interception powers. Absent from the media release is the number, in the past year, of warrants issued and interceptions undertaken which were not of any forensic value. That figure, I am sure, is in the thousands. Absent also is the volume of information which is being produced as a consequence of this interception, which incidentally is likely to have swollen as a result of shameless amendments last year to interception law, which has provided for the interception of `B-party' communications; that is, communications of persons not themselves under suspicion but in contact with a suspect. Perhaps this explains why the government has been forced to inject $65.2 million over five years to upgrade the AFP's operational and intelligence systems and existing technical infrastructure to cope with all this additional surveillance material of innocent Australians.

Another interesting issue highlighted in these reports is the broad powers the AFP and Australia's intelligence agencies have to obtain information without a warrant and without any reporting. I wonder--I am happy to put this on notice for the government--how much information has been obtained without a warrant.

I recall in 2005 the AFP being given new `notice to produce' powers which provide them with a means of access to information without a search warrant when investigating any serious offence, not just terrorism. Significantly, that power overrides not only privacy laws but also legal professional privilege, duties of confidence and other public interest, and also prevents someone served with a `notice to produce' from informing another person, other than those involved in responding and the person's own legal advisers.

So the picture that these reports paint is one in which the government is creating a climate of fear through broader use of interception and surveillance powers, dobbing on neighbours through additional funding this year for its terrorism hotline, plus plans for an identity card in the form of the access card.

I call on the government to have a look at its own reports and, as a matter of priority, commission urgent independent research into the state of surveillance in this country, to judge whether or not the potential intrusion into people's privacy is outweighed by its benefits.
davidtbath: Privacy - not with Echelon around our necks: Regardless of legislation, wiretapping by our membership of the Echelon alliance (considered in violation of article 12 of the UN Declaration of Human Rights by a special report to the EU parliament ) is and will continue to deprive us of privacy.

It also locks us ever deeper into the US alliance, and our earthstations make us a target in times of war.
cam: We arent in the cold ware era any longer: and if it did come to a \'throwing nukes\' fight, Australia was cheap to clean up as we only have a couple of large population centers. Any nation-state on nation-state violence that would target our defence and telecommunications infrastructure would be regional only. Which means Au vs Indonesia - something that nearly happened openly in the 1960s with konfrontasi. In that instance Australia is a regional defence power and capable of withstanding that type of violence.

If there was nation-state on nation-state violence outside of the region, say China, it immediately becomes an international incident and the US will inevitably get involved. The violence will probably be contained locally and limited to North Asia. It is in no-one\'s interest for that sort of violence to spread to the globe as it did twice in the 20thC.

Australia has never had good respect for liberties or privacy, and that it because a parliamentary system does not restrain the executive enough. There is a reason why Australia and Britain have become more intrusive, and with less oversight, than the US has - and it is the structure of government that causes it. A parliamentary system is weaker than a republic in halting the executive from invading into individual liberties.

A separate executive and entrenched enumerated rights are necessary IMNSHO.

cam

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