The Australian reports that at a recent public inquiry by the Independent National Security Legislation Monitor (INSLM), CCL Secretary Lesley Lynch argued that the new s35P in the ASIO Act should be repealed. The provision gives ASIO officers immunity for unlawful criminal conduct in these operations and makes it a serious criminal offence for anyone, including journalists, to disclose any information about them. This will seriously constrain the ability of journalists to report on wrongdoing or abuse of power  by ASIO.

Article: ASIO Act could conceal ‘torture, murder by agents’

Source: The Australian, 28/04/2015

See also: Combined CCLs submission to the inquiry

Speech delivered by NSWCCL President Stephen Blanks to Staff and Student Meeting - Defend USYD Civil Liberties at the University of Sydney on Wednesday 29 April 2015.

I acknowledge the traditional owners of the land on which we meet and pay my respects to elders past and present.

It is pleasing to see concern about civil liberties as a central issue at the University of Sydney. The NSW Council for Civil Liberties has had strong links with the University since our foundation in 1963.

NSWCCL is joining this meeting today because we are concerned that the University reacting in a disturbingly disproportionate way to the incidents which occurred at the Colonel Richard Kemp lecture on 11 March 2015. 

NSWCCL has made a submission to the Senate Legal and Constitutional Affairs Legislation Committee arguing that Copyright Amendment (Online Infringement) Bill 2015 – a ‘de facto’ internet filter – should not be passed. In CCL’s view, website blocking is not a proportionate response to copyright infringement, and has major implications for freedom of speech.

The submission identifies a number of key issues in the Bill, including procedural fairness, the broad scope of the proposed legislation, and the potential negative implications for virtual private networks (VPNs), cloud storage providers, and whistleblowers. CCL has provided a number of recommendations addressing these concerns should the Bill continue to proceed through Parliament against CCL’s recommendation. 

Read NSWCCL's full submission here. 

NSWCCL is extremely concerned by SBS’s decision to sack journalist Scott McIntyre for a series of tweets on Saturday critical of the ANZAC tradition. We are deeply committed to defending free speech in its varied - and sometimes offensive - forms as a central value of a progressive and enlightened society.

Equally troubling has been the reaction to the McIntyre incident from certain sections of the political establishment.  Mcintyre’s sacking should be understood as a free speech issue, and not merely as a breach of a vague social media policy in an employment contract.

In the lead up to speaking at the University of Sydney staff and student meeting 'Defend Civil Liberties at University', CCL President Stephen Blanks has spoken to the Sydney Morning Herald and New Matilda on the importance of protecting free speech and the right to protest on university campuses. "How bizarre is it that universities, which have been a hotbed of free speech for centuries, are threatening staff and students with disciplinary action for expressing themselves," Stephen told the SMH. 

Stephen condemned the university's decision to invoke its 'vague' code of conduct against staff and students involved in legitimate protest. He told New Matilda: "The Code of Conduct has in it an obligation on staff to treat people with respect and dignity. That of course is fine in academic discourse but in the context of a protest it’s completely inappropriate. The essence of protest is that one can be contemptuous of those with whom you disagree and you don’t need to treat them with respect. That’s not to say that there’s any justification for breaches of the peace, but that’s not the allegation here."

He also questioned whether the use of force by security guards was proportionate to the situation. 

NSWCCL's involvement comes after the University sent "show cause" letters to 13 people - including five students, a Professor, and two security guards - in relation to a protest held during a public talk on a Sydney University campus by retired British Colonel Richard Kemp.

Article: Academic Jake Lynch cleared of anti-Semitism in ugly stoush at Sydney University

Source: Sydney Morning Herld, 27/04/2015

Article: University Of Sydney Accused Of Threatening Right To Protest And Self-Expression

Source: New Matilda, 24/04/2015

Lateline obtained documents under FOI containing correspondence between the Australian Federal Police (AFP) and Ministers. The documents show requests to pass on information to foreign authorities about Australians who potentially could face the death penalty under other nations' laws. 

This process of obtaining Ministerial authority when the AFP passes on information in these contexts is in line with guidelines implemented in 2009, following an ongoing campaign by the NSW Council for Civil Liberties. 

CCL President Stephen Blanks told Lateline: "It should make the AFP very wary about how they behave in these sorts of situations... the 2009 guidelines are entirely appropriate to make sure that there is some oversight of what they're doing."

Unfortunately, the guidelines came too late for Bali Nine pair Myuran Sukumaran and Andrew Chan, scheduled to be executed this week. The AFP, however, claim they acted appropriately in passing information about the Bali Nine on to Indonesian authorities. 

Video: Bishop to plead for Bali pair

Source: ABC Lateline, 24/04/2015

See also: AFP must explain its role in Bali executions, The New Daily, 29/04/2015

The NSW Council for Civil Liberties has joined with the Refugee Council of Australia and over 100 Australian organisations and community groups in urging the Australian Government for an immediate moratorium on offshore transfers to Nauru and Manus Island until all recommendations of the Moss Review and Cornall Report have been fully implemented, and the centres comply with minimum international standards.

The call follows the appalling case of a five year old girl who attempted suicide after prolonged detention on Nauru.

Conditions are similarly poor on Manus Island, where a majority of asylum seekers have still not had their applications processed after two years, and as on Nauru, limited health care is available.

Paul Power, CEO of the Refugee Council said: “No child should be sent there and certainly not sent to a situation while the environment remains so dangerous… [W]e call upon the Australian Government to immediately cease the transfer of vulnerable asylum seekers until all the recommendations of the Moss Review and the Cornall report are implemented.”

These reports highlighted sexual abuse, violence and the systematic failure to provide safety and security to detainees, particularly women and children. The Australian Government, by accepting all the recommendations of the Moss Review, has acknowledged that considerable changes are needed, yet continues to send asylum seekers into a fearful environment where their safety and security cannot be guaranteed. 

Read the full Press Release and Letter here or on the Refugee Council of Australia's website.

The combined councils for civil liberties across Australia (New South Wales Council for Civil Liberties, Liberty Victoria, Queensland Council for Civil Liberties, South Australia Council for Civil Liberties, Australian Council for Civil Liberties) have made a joint submission to the Acting Independent National Security Legislation Monitor's (INSLM's) inquiry into the impact on journalists of the operation of section 35P of the ASIO Act 1979, which contains two offences that criminalise disclosures of information relating to a ‘special intelligence operation’. 

The main civil liberties issues at stake in relation to the s35P are freedom of speech and freedom of the press, which should never be curtailed in democracy.

While understanding the justification of security and intelligence services’ powers for the protection of national security, the combined CCLs have raised serious concerns over the new national security and counter-terrorism legislation which incorporates a number of new extraordinary provisions.

CCLs raise the cumulative impact of the extended legislation on the work of journalists. Even though a warrant is now required for access to a journalist’s metadata, the CCLs condemn the very real possibility of access to this data which can readily reveal the identity of a source, without informing the journalist his metadata is being released to ASIO.

The CCLs urge the Government to protect a free and robust press in Australia by repealing the concept of the SIO regime and the s35P offences considered as unnecessary, draconian and dangerous for Australia’s democratic well-being.

Read the submission. 

NSWCCL President Stephen Blanks spoke to The Australian on the disturbing revelations that NSW's Independent Commission Against Corruption (ICAC) may have acted inappropriately  when seizing the phones of crown prosecutor Margaret Cunneen and her family members during a corruption investigation.

The Australian reports that ICAC officers used a notice to produce, rather than a warrant, to seize mobile phones. This highlights the importance of checks and balances when agencies use coercive powers, with Stephen Blanks warning without these checks, such powers can be abused. “ICAC should not be able to self-issue warrants,” he said.

Article: ICAC’s Margaret Cunneen warrants 'invalid use of power'

Source: The Australian, 17/04/2015

CCL President Stephen Blanks spoke to A Current Affair about his concerns if parents use phone monitoring app Teensafe, a tool marketed at parents to monitor and track the phone activity of their kids. The app allows parents to view their children's texts, calls, GPS location, web browsing, messaging through other apps, Instagram and Facebook activity. 

"It's absurd that children aged 16 can consent to sex, but this product can be used to spy on their private lives," Stephen told ACA. 

He also warned that there is a danger the account information could fall into the wrong hands and that adults could be breaking the law if the app is used to spy on people over the age of 18. 

The implications for the privacy of children is also critical. "All parents have got a responsibility for keeping their children safe, of course," Stephen said, "But that's not to say that parents should be allowed to deprive their children of necessary privacy."

Video: Would you spy on your kids to keep them safe? The content we linked to is no longer available

Source: A Current Affair, 14/04/2015

NSWCCL recently made a submission to the Legal and Constitutional Affairs Legislation Committee's inquiry into the Migration Amendment (Strengthening Biometrics Integrity) Bill 2015. The submission condemns the Bill in its current form since the collection and retention of biometric data poses an unnecessary and disproportionate threat to the privacy of all non-citizens and Australian citizens.

While understanding the justification for the collection and use of biometric data, NSWCCL is concerned that the Bill does not contain essential safeguards to limit the collection and retention of additional biometric data such as fingerprints, handprints, measurement of height and weight, an audio or video recording and an iris scan.

Furthermore NSWCCL is concerned that the Bill in its current form may disproportionately affect minors, incapable persons and asylum seekers because it removes the requirement for consent and presence of a parent, guardian or independent person for and during the collection of such biometric data. 

Thus, NSWCCL urges Parliament to conduct a privacy impact assessment and relevant safeguards be implemented to ensure that the amendment does not allow for the mass collection and retention of biometric data.

Read the full submission here. 

Click here to read the speech by CCL Vice President Pauline Wright on the night.

Following on from NSWCCL's successful screening of CITIZENFOUR at Parliament House in February, we're pleased to partner with award-winning cinema Avoca Beach Theatre to bring this special screening of the Oscar-winning documentary on Tuesday 24 March at 7pm, introduced by Vice President (and Avoca Beach local) Pauline Wright. 

Click here to download the flyer (pdf). 

NSW Council for Civil Liberties recently wrote to all ALP members and all senators urging that the Data Retention Bill be delayed until key issues in the bill are resolved. 

Click here to read the full letter sent to all ALP members and Senators on 15 March.

Click here to read the full letter sent to all Senators on 24 March. 

NSW Council for Civil Liberties has formally endorsed two separate Shadow Reports for the United Nations' 2015 Universal Periodic Review of Australia: firstly, a Joint NGO Submission together with a wide range of NGOs across Australia; and secondly, a submission specifically relating to Surveillance in Australia together with international and national surveillance groups. 

CCL Executive Member Hannah Ryan has written a powerful opinion piece for New Matilda, arguing that Labor has been 'bought out' on data retention and has not lived up to its responsibility as a robust Opposition. The small amount of protection for journalists offers little consolation and leaves "the rotten core of the bill entirely unassailed". She writes:

"But if one imagines a responsible opposition party, genuinely interested in making good law and sticking up for journalists, one would think that party might have allowed news organisations to put their case on data retention to Parliament, as they were due to do before Labor agreed on the amendments and cancelled the hearing...

But the focus on its own interests is both predictable and irresponsible. The question of the design of the warrant scheme for access to journalists’ data has obscured the stark fact that we are a hair’s breadth away from legislating the loss of privacy for all Australians...

The weakness of the protection given to journalists should be of concern to anyone interested in the practice of investigative journalism, and ultimately in democracy, but it is most remarkable for the fact that it was the sorry bartering chip which Labor accepted in exchange for the transformation of this country into one where we are all suspects."

Article: Labor And Journalists Have Sold You Out On Brandis' Surveillance Law. Article no longer available. 

Source: New Matilda, 24/03/2015

NSWCCL President Stephen Blanks has warned consumers about the potential for misuse of their data in shopping centres' new strategy of tracking shoppers' habits over centre-provided Wi-Fi. 

A basic connection to free Wi-Fi made available in Westfield centres will allow them to track information about the phone user, and send marketing material directly to the phone based on this data. 

Stephen Blanks prompts consumers to question: "How is my information going to be used? Is it going to be compiled for a long-term tracking history? Is it going to be saleable information? Is the shopping centre going to make money [from it]?" 

Article: Major retailers join scheme to track shoppers' actions via store wifi

Source: 9 News, 23/03/2015

The Castan Centre for Human Rights Law has released this video in the Have You Got That Right? video series to answer the question - does detention of asylum seekers breach human rights?

Asylum seekers are subjected to mandatory detention in a number of countries. A notable example is Australia. Asylum seekers who arrive (or who are intercepted while attempting to arrive) in Australia by boat are held in detention centres in Australian territory and in other countries under arrangements made and funded by Australia. These days, most such arrivals are detained in Nauru and in Manus Island in Papua New Guinea (PNG). Such detention occurs automatically, and normally lasts for the entire period in which an asylum claim is being determined, which can be a very long time. Both adults and children are detained.

There's more resources on their website. 

NSWCCL President Stephen Blanks was quoted in The Saturday Paper on Labor's position on data retention and other national security issues, particularly their continued alignment with the Government on all aspects. Stephen indicated he was appalled not only by the various tranches of unnecessary national security legislation itself - including the extraordinary powers given to ASIO to access individuals computers, the exemption of ASIO officers from prosecution, the criminalising of reporting on ASIO special operations, and the ability to cancel passports without notice or right of appeal - but also that Labor has "rolled over" to pass them. 

"I’m afraid I’ve got to the point where I don’t think Labor believes in anything," Stephen said, "Everything is tradeable. It is a political tactic to enable them to say there is not a cigarette paper of difference between them and the government on this stuff."

Article: ALP leader Bill Shorten faces big test on civil liberties

Source: The Saturday Paper, 14/03/15

Next week the Parliament of Australia will debate the highly contentious and dangerous data retention bill (Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014).  This bill, if passed, will mandate the collection and retention for two years of telecommunications data on all citizens – suspect and non-suspect alike –  for subsequent access and analysis by intelligence and security agencies, police and other agencies.

No warrant will be necessary to access this data.  

If this bill becomes law, Australia will have one of the most extensive and intrusive data collection and surveillance regimes in the democratic world. 

NSW Council for Civil Liberties has written to all Labor MPs and Senators. We need you to do this too. 

NSW Council for Civil Liberties has indicated its opposition to the creation of a new spitting offence, proposed by the Police Association of NSW. An act of this nature is already covered under the existing offence of assault, and so further legislation is unnecessary. The police union is also calling for powers that force anyone who transmits a bodily fluid - including spit, blood or urine - to emergency workers, to be tested for diseases. CCL would support the introduction of this kind of mandatory testing provided there is appropriate regulation and safeguards in place. 

Article: Cops union calls for new spitting offence

Source: 9 News, 11/3/15