It’s like this: I don’t like it when people
who consider themselves the “good guys” spread misinformation, apparently
believing that it’s okay if it’s “for the cause”.
1.
The bill isn’t the same as the
National Security Inquiry
Either because they’ve confused two
government activities, or deliberately, some have conflated the Cybercrime Amendment Bill 2011 with the
National Security Inquiry.
The NatSec Inquiry – which does include
proposals for broad-scale data retention – never got as far as presenting even
draft legislation: it’s reportedly been put on ice (although Nicola Roxon, Attorney-General, hasn't made a statement to that effect).
The Cybercrime
Amendment Bill has, on the other hand, been in the pipeline since 2011.
2.
Why weren’t we consulted?
Some journalists and commentators have
complained that there wasn’t a public consultation. There was: they’ve just
forgotten it, because it took place in 2011 – or they took no notice of it
anyhow.
The submissions to the consultation can be
found here: http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jscc/cybercrime_bill/subs.htm
The report was published last August: http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jscc/cybercrime_bill/report.htm
3.
It’s not warrantless
surveillance
Unlike whatever as-yet-undrafted proposals
that may arise from the National Security Inquiry, the Cybercrime Amendment Bill doesn’t allow law enforcement to get
information without a warrant.
The bill allows them to request storage,
either covering someone’s communications for a single day, or communications
for 30 days. Enforcement can only see the stored information if it gets a
warrant – if it can’t get the warrant, the storage request expires and the data
can no longer be held.
4.
If I’m defending the Act I must
support it, right?
Wrong.
I like debates to work with the facts.
People who take misinformation into a
political debate are fools, because they’re handing a get-out-of-jail-free card
to their opponents. Someone – say, Nicola Roxon – gets to focus on correcting
the misinformation, and doesn’t have to spend as much time explaining,
justifying or defending the reality.
The National Security Inquiry will be
revived. It will improve everybody’s debating position if they learn to work
with facts rather than exaggerations and urban myths.