[MLB-WIRELESS] FW: [EFA-Alert] Privacy of communication under attack - Contact MPs

[Rowan Wainwright-Smith]

This would probably be of interest to something like the proposed WGPrivacy,
would it not???


Rowan.

Bryce Letcher wrote:

> 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
>
>  --------------------------------------------------------------------
> 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
>
>  --------------------------------------------------------------------
>
> 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
>
>  --------------------------------------------------------------------
>
> 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).
>
>  --------------------------------------------------------------------
>
> 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>
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>
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