Electronic Frontiers Australia Inc. (EFA)
www.efa.org.au
Media Release - 28 June
2002
SENATE REJECTS EMAIL SNOOPING LAW
- VICTORY FOR ONLINE PRIVACY
A Federal Government
plan to allow government agencies to snoop on email, SMS and voice mail
messages without an interception warrant was rejected by the Senate yesterday.
The government joined
with opposition parties in voting against a proposed government amendment to
interception laws that analysts say would unnecessarily extend government
surveillance powers.
The rejected amendment
was part of the 'Telecommunications Interception Legislation Amendment Bill
2002', one of the government's package of anti-terrorism Bills.
A broad range of
government agencies would have gained power to intercept and read email, SMS
and voice mail messages without a warrant. An interception warrant would have
remained necessary to listen in on telephone calls.
Online privacy rights
group, Electronic Frontiers Australia ("EFA"), said the government
back down was a victory for the privacy rights of the many ordinary people who
use new technologies to communicate.
"The government
sought to adversely shift the long-established balance between individuals'
right to privacy and legitimate law enforcement agency needs," said Irene
Graham, EFA Executive Director.
"Email, SMS and
voice mail messages would have been less protected from government intrusion
than a telephone call. This is contrary to the Government's frequently stated
preference for 'technology neutral' laws."
"The amendment
would have allowed interception of messages while automatically delayed and
stored during transit on an ISPs' or telephone carriers' equipment, but not
while in transit over a telephone line. This is as silly as a law saying postal
mail may be lawfully intercepted without a warrant while stored in Australia
Post's premises, but not while being transported in Australia Post's
vehicles."
EFA said the government
back down resulted from widespread community criticism culminating in
opposition parties informing the government they would not support the
government proposal.
"The ALP proposed
amendments to the Bill to the government in May, requiring continuation of the
need for an interception warrant to access telecommunications stored during transit,
but the government refused to support that. The Democrats had also stated they
would not support the government's proposal. Apparently the Government found it
had no chance of majority support in the Senate and so decided to oppose its
own amendment to the interception laws."
"We commend the
work of the ALP, the Democrats and the Senate Legal and Constitutional
Legislation Committee in protecting the privacy rights of users of new
telecommunications technologies. We are delighted to see a growing number of
parliamentarians showing they understand the technologies and related
issues."
The Government said it
will include the rejected amendment to email, SMS and voice mail interceptions
laws in a future Bill.
EFA believes the
government is likely to re-introduce the proposal during the Spring sittings.
"The Government
failed to achieve passage of the amendment in a package of extremely
controversial Bills. They may hope no-one will be paying close attention next
time around."
"We call on the
public and opposition parties to remain vigilant."
-- ENDS --
Background:
EFA Campaign Action
Alert, 31 May 2002
http://www.efa.org.au/Campaigns/alert200205.html
EFA analysis of Bill
and effect on existing privacy protections
http://www.efa.org.au/Issues/Privacy/tia_bill2002.html
EFA's page Australian
On-line Surveillance and Interception Laws.
http://www.efa.org.au/Issues/Privacy/surveillance.html#laws
Senate Hansard, 27 June
2002