[MLB-WIRELESS] FW: [EFA-Alert] Privacy of communication under attack - Contact MPs
Bryce Letcher
bryce at letchers.net
Fri May 31 20:14:17 EST 2002
I think this is something that may be of significant interest to many on
this list, even though it's not specifically wireless oriented.
Rgds,
Bryce
-----Original Message-----
From: alert-admin at lists.efa.org.au
[mailto:alert-admin at lists.efa.org.au]On Behalf Of Irene Graham-EFA
Sent: Friday, 31 May 2002 6:49 PM
To: alert at lists.efa.org.au
Subject: [EFA-Alert] Privacy of communication under attack - Contact MPs
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ACTION ALERT from Electronic Frontiers Australia (EFA)
http://www.efa.org.au
31 May 2002
Privacy of communication under attack.
Government wants more power to spy on your private email,
voice mail and SMS messages.
Contact Federal politicians and urge them to reject proposed
surveillance law.
Senate expected to debate (and possibly vote on) Bill
in week of 17 June 2002.
CONTENTS:
1. Summary
2. Background
3. Immediate Action to Take
4. About EFA
*** Please redistribute this alert, but only before 17 June 2002 ***
*** and only to appropriate lists, newsgroups and contacts ***
URL of this alert: http://www.efa.org.au/Campaigns/alert200205.html
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SUMMARY:
* The Issue:
Proposed changes to the Telecommunications Interception Act (C'th) would
give government agencies (not only police forces) powers to intercept
and read email, voice mail and SMS messages, without an interception
warrant (as is presently required). Furthermore, agencies that are not
allowed to obtain and use interception warrants (like the Taxation
Office, the Australian Securities and Investments Commission, the
Immigration Department, etc.) would gain the power to intercept and read
private communications. Communications made using new technologies would
have less privacy protection than a telephone call. For more information
about the Bill, see the Background section below.
* What YOU Can Do Now:
Please make personal contact urgently with Members of Federal Parliament
and inform them that you are opposed to the change to the
telecommunications interception law. More information about what you can
do, and key politicians' contact details, is in the full version of this
alert at:
http://www.efa.org.au/Campaigns/alert200205.html
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BACKGROUND:
The Telecommunications Interception Legislation Amendment Bill 2002
("the Bill") is one of a package of anti-terrorism Bills, named the
Security Legislation Amendment (Terrorism) Bill 2002 [No.2] and Related
Bills.
Although many aspects of the package of Bills have attracted
wide-spread, extensive criticism (including by members of the
Liberal/National Coalition government), comparatively little attention
has been given to the proposed changes to telecommunications
interception laws.
It is difficult to believe that a Coalition government, dominated by a
party which claims to stand for individual freedom, could propose such a
drastic attack on the privacy of communications. However, when
considered in the context of other provisions of the package of Bills,
it is not so surprising.
The Bill would adversely shift the long-established balance between
individuals' right to privacy and legitimate law enforcement agency
needs. It would allow government agencies to intercept and read the
contents of communications passing over a telecommunications system,
that are delayed and stored in transit, without a warrant of any type.
Email, voice mail and SMS messages are stored on a service provider's
equipment pending delivery to the intended recipient and could be read
by a government agency before the intended recipient even knew a message
had been sent to them.
Under current law, an interception warrant is required to access such
messages, the same as is required to intercept a telephone call. An
interception warrant may only be issued for investigations involving
serious criminal offences that are specified in the Act (e.g. murder,
kidnapping, trafficking in drugs, organised crime).
The Government has phrased their proposed changes in a way that appears
intended to confuse debate around this issue. They assert the changes
merely "clarify" existing law. In fact, the "clarification" will result
in wide-ranging expansion of surveillance powers.
Government agencies that are not authorised to use interception
warrants, like the Taxation Office, the Australian Securities and
Investments Commission (ASIC) and the Immigration Department, etc, will
be allowed to access and read undelivered email, voice mail and SMS
messages that they are not permitted to access under current law.
The Government has attempted to convince citizens and journalists that a
search warrant, instead of an interception warrant, will be necessary
under the proposed law. Careful reading of statements made by the
Government's representatives clearly show otherwise. Even if amendments
to require a search warrant were made, issue of search warrants is not
subject to the rigorous safeguards and controls that govern issue of
interception warrants. Among numerous other things, only criminal
enforcement agencies (e.g. some, but not all, police forces and crime
commissions) and the national security agency ASIO are permitted to
obtain and use interception warrants, while civil enforcement agencies
are permitted to obtain and use search warrants.
The proposed law has nothing to do with catching terrorists. If email,
voice mail and SMS are less protected from interception than telephone
calls (as the Government intends) then presumably terrorists will use
telephone calls and faxes rather than emails and other messages that are
stored during transit.
Clause 15 of the Bill must be amended to require a telecommunications
interception warrant to access stored communications. There are no
justifiable grounds, nor has the Government stated any reason, for
affording less privacy protection to communications made using new
technologies than is afforded to traditional telephone calls. The
Government frequently cites enthusiasm for "technology neutral" laws,
this Bill is certainly not.
Essential freedoms, once lost, are never regained. If we allow the
government to move us ever closer to the totalitarian surveillance
society foreseen by Orwell, we lower human dignity and respect for
humanity to the same level as those who seek to destroy civilisation.
Links to more detailed information about statements made above are
provided in the web page copy at:
http://www.efa.org.au/Campaigns/alert200205.html
As well, more information about the existing and proposed law is
available on EFA's main page about the Bill at:
http://www.efa.org.au/Issues/Privacy/tia_bill2002.html
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IMMEDIATE ACTION TO TAKE:
Please refer to the full version of this alert at:
http://www.efa.org.au/Campaigns/alert200205.html
It contains:
- contact addresses (including email) for key politicians
- tips for contacting politicians
- information on the views stated by politicians/parties to date
- links to more information about the proposed law.
Please contact Members of Federal Parliament urgently and inform them
that you are opposed to the change to the telecommunications
interception law - that the Bill must be rejected, unless it is amended
to require a telecommunication interception warrant to access stored
communications of delayed messages services, i.e. email, voice mail, SMS
messages, etc. (as recommended by the Senate Committee).
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ABOUT EFA:
Electronic Frontiers Australia Inc. is a non-profit nationwide
association of individuals and organisations concerned with online civil
liberties. Further details about EFA and a membership form are
available on the EFA web site at:
http://www.efa.org.au
To receive EFA email Alerts on this and other matters send email to:
<efa-alert-request at lists.efa.org.au>
with the word "subscribe" in the body of the message.
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