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Turnbull’s new security suite will not make any of us any safer

Never get between a premier and a bucket of money, Paul Keating warned. Or a Premier and an anti-terror photo-opportunity, he might add, after Thursday’s huge COAG performance. Human rights and civil liberties alike are trampled in the rush by all premiers to be the PM’s dancing partner in a show-stealing anti-terror two step.

It’s all about “keeping us safe,” Turnbull says, announcing what MSM echo is “a suite of measures” in “a further toughening” of national security laws including the extension of detention without charge to 14 days.

It’s a big thing. No longer will Australians have to lie awake at night worrying lest the AFP runs out of time to interrogate terror suspects, including ten year olds. Police now have a good two weeks to come up with some charge or other. It’s a huge leap forward in public safety. So thoughtful of the community-minded AFP, too.

Imagine how much safer longer detention would have kept us last July with the Lakemba Muslim meat grinder plot terror crisis where an entire nation went into lockdown while AFP and a swag of other special forces clearly rushed against the clock to uncover a plot to use a kitchen mincer to blow up a plane and/or gas everyone on board with fart gas. No H2S gas was ever found, nor any gas dispersion device. Nor were explosives discovered.

Police can report, however, that the mincer was 7 kg too heavy to be allowed on the plane and that two of the four men arrested following an overseas tip-off have now been released.

In a sensational late update, AFP reveal that Lebanese authorities also allege a Barbie doll may also have been part of a plot to smuggle concealed explosives on-board an aircraft, not that any explosives had been found. Did the doll also fail the weigh-in check? The Barbie doll plot is not part of any AFP allegations before the Sydney court.

Effortlessly working the Lakemba Four (now two) into his terror shtick, PM Turnbull prepares for his 21st successive NewsPoll with yet another keep us safe routine at the special COAG. Lakemba shows how our security forces can disrupt a plot to bring down a plane, he says. You wouldn’t believe how many plots have been foiled.

What can possibly go wrong? David Marr, on ABC Insiders Sunday, cites the 2007 case of Dr Mohammed Haneef who was held 11 days in the Brisbane watch-house by the AFP under brand new powers that allowed terrorism suspects to be imprisoned without charge virtually indefinitely. Information was then leaked against Dr Haneef.

News Ltd newspapers reported police found “images of a Gold Coast building” and its foundations in a raid on Haneef’s apartment. Investigators were said to be looking at documents referring to the “destruction of structures”. Haneef was one of a group of doctors who had been learning to fly in Queensland, they said.

A year passed before The AFP dropped its case against Dr Haneef, saying there was insufficient evidence to charge Haneef with any criminal offence. In December 2010, Haneef receives “a substantial” compensation settlement in a defamation and wrongful detention case he brought against then Immigration Minister Kevin Andrews.

Precedent counts for little in an era of the anti-terror cult, a time where politics runs in the continuous present. In June 2015, then PM Tony Abbott told the nation Islamic state group is coming after us.

Since Abbott, however, the threat of terror is hyped so successfully that according to an ANU poll, nearly half of us believe we or our families are in danger of a future terrorist attack and over half of us would like government to do so much more.

In reality, male partners and police constitute a far more serious danger.

“More Australians have died at the hands of police (lawfully or unlawfully) in 10 years (50 at least from 2006 to 2015) or from domestic violence in just two years (more than 318 in 2014 and 2015) than from terrorist attacks in Australia in the last 20 years,” observed Greg Austin, an international security expert at the University of NSW, last October.

The PM makes no case for the need to extend detention without charge nor does he defend the detention of ten year olds. Instead, he claims on Sky News Sunday, that it’s just business as usual .

‘It is very important to remember that (with) children there is actually no change here. Under our criminal law, children can be charged with committing crimes,’ he tells reporters in Sydney.

But there’s more. The innovative PM unveils Panopticon 2.0, a saucy, if not wanton, invasion of our privacy.

A 21st century digital re-imagining of the eternal surveillance of our convict heritage, Panopticon 2.0 blends an homage to the omnipresent eye of God, with a type of electronic Peeping Tom as it merges images from drivers’ licences with facial recognition software to invade our privacy at all times.

Governments already have massive databases of ID photos from licences and passports. What is new is the sharing and the matching of the data in real-time in what is broadly described as the interests of national security.

The new database will permit real-time access to passport, visa, citizenship and driver’s licence images. Details are vague, however, on the public and private spaces in which mass surveillance will be carried out. The project is a revamp of “The Capability”, a new, improved version of a $18.5 million system, proposed in 2015.

Premiers who just can’t wait to dance on the grave of a just and democratic society are just one scene from a week in our bizarre, hyper-surreal post-truth Trumpian political theatre, a week which sees our great nation state grow ever larger.

Small government with its red-tape bonfires are now so yesterday. The hairy-chested Stalinist Coalition of today promises to fund coal-mines and even sort out gas companies. It can even roll up its sleeves and shovel coal to keep a dirty old power station like Liddell open. It can certainly keep us all under surveillance 24/7.

Turnbull waves away any suggestion that we’re already suffering toughen-up fatigue, so thick and fast have come the suite of security measures the Abbott-Turnbull government has unleashed on an alert but not alarmed nation.

” … there’s no place for set and forget in any area of national security, but the laws are already very strict”.

Spontaneous applause breaks out Panopticon 2.0 wins Turnbull instant, slavering adulation while the concerns of the chattering classes are summarily trashed by all those with their feet up on the commonwealth table.

Desperate Dan Andrews, leads a team of premiers in quickly dismissing those who raise the issue of rights. What would such time-wasters know of the real world of Mal the Sun King Canberra’s bubble or his lunar satellites?

“They’re going to talk about the thin end of the wedge and all this sort of stuff. Well, frankly, that talk is a luxury that may be available to them but it’s not available to political leaders in this country,” he says.

“Notional considerations of civil liberties do not trump the very real threat, the very real threat of terror in our country today. We are going to have to curtail the rights and freedoms of a small number of people in order to keep the vast majority of Australians safe.”

It’s not just talk, either. Last month his government announced plans for new laws that would give police the power to declare special areas where they can search people, cars and houses without a warrant.

From dead-pan Dan there is no inkling that civil liberties belong to us all; affect us all. And laws aimed at “bad guys” often impact far more widely. The NSW Ombudsman found the 2012 revival of consorting laws to deal with crime gangs actually impacted most harshly on Indigenous Australians and homeless people.

” The criminal face database will affect all Australians, even the most conscientious and law-abiding. Given the extremely low level of terrorism in Australia, it’s likely to merely generate massive ‘false positive’ lists and flood our very effective police and security services with useless distraction,says Privacy Foundation’s David Vaile.

There is nothing remotely “notional”, moreover, about the database nor about changes to law which will extend to two weeks the time anyone, including ten year olds can be detained without charge. Possessing terror instructions and even terror hoaxes are to be criminalised in Turnbull’s toughening up.

Yet Dan’s slogan goes viral. Co-luminary, WA Premier, Mark McGowan almost eclipses Andrews with his rapid study of the finer philosophical bits of premiership by leaving the lot of them to the lynch-mob.

“We are dealing with the civil liberties of terrorists and I don’t particularly care about the civil liberties of terrorists or potential terrorists.”

Yet we are dealing, in the end, with everyone’s civil liberties and whilst much is unspecified about Panopticon 2.0, what is certain is that its mission will creep. Dissenters of all kinds, including those whom this government may define as “eco-warriors”, in reality environmentalists, are in danger.

Already, an eager Cory Bernardi urges the database be used to enhance the Coalition’s war on the poor.

“If we’re going to start gathering data on particular people, I’d like to see that actually happen more in the welfare space as well,” he says, “because I think there’s a lot of people that are ripping us off on welfare and it might be an opportunity to tie in a coordinated approach to identifying individuals who are accessing the welfare system.

The database may even be corporatised; flogged off to the highest, private bidder. Privatisation has worked so well not only in energy. Think Medibank private, TAFE and the privatisation of IT support for government agencies.

Labor is anxious not to be wedged. Bill Shorten makes no fuss despite the opposition leader’s recent study tour of the Korean Peninsula where supreme leader Kim Jong Un has got the mass surveillance thingy down to a fine art.

Instead, Shorten calls for the Coalition gun amnesty stunt to be extended. He wants life sentences for gun-runners. Exempted, doubtless is our big brother government, which is doing so well out of its secret supply of arms to Saudi Arabia, which has killed 10,000 civilians in its brutal war with Yemen- that it can’t say a word.

The Turnbull government refuses to supply details of its military sales, citing commercial-in-confidence rules, themselves a function of the increasing despotism of a state which pretends its gun-running is a trade secret.

Turnbull tries to wedge Shorten, nevertheless, for not backing mandatory sentencing for gun-runners as if mandatory sentencing were some kind of panacea and not a knee-jerk to shock jocks on Sydney radio.

NSW Bar Association president Phillip Boulten SC says: “There’s no evidence at all that mandatory sentencing ever decreases the amount of crime that’s committed and it has the ability to act unfairly on vulnerable and disadvantaged groups.”

Big Fear certainly works on the states – and on the federal opposition, as Labor’s evasion shows.

With no opposition in the field, legal experts are left to explain the reality. Party-pooper Deakin University criminology lecturer Adrian Molnar warns Fairfax the database of driver licence photos, amounts to “mass undifferentiated surveillance that can be used regardless of innocence and no participation in a criminal activity”, warning that such a measure “runs dangerously close” to breaching the legal principle of probable cause.

“It’s just quite simply unnecessary,” adds Nicola McGarrity, UNSW terrorism law expert. Dr McGarrity argues existing laws already allow people to be held pre-charge for up to eight days.

There are no instances she is aware of where an “extra six days would have made a significant difference in making a prosecution or preventing a terrorist attack”, she says

But the states love it. They fall over each other to eagerly leap aboard any public safety bandwagon.

The PM is love-bombed Thursday, at the COAG show, where a tumult of “furious agreement” and “violent agreement” ensues, sighs NSW Liberal Premier, Gladys Berejiklian even if she refuses to let Turnbull have his way later with her state over fracking. She tells him what he can do with his non-ideological energy pragmatism.

If the COAG meeting is intended to lead to agreement on fracking via solidarity on law and order, it fails.

Apart from the onset of another Newspoll, why all the fuss? The day before, in a letter to Liberal supporters, the PM effortlessly counterfeits a false connection between the mass shooting in Las Vegas and Australia.

“The tragedy in Las Vegas is a reminder that we must be relentless in our efforts to protect Australians in crowded places so that we can go about our lives safe from harm”

To Guy Rundle, what is remarkable is the absence of concerted pushback. The new laws were announced after almost no consultation and at the prompting of the AFP and ASIO. Big brother has made himself a lot bigger and there has been very little backlash, despite some concern over ten-year-olds in fourteen weeks’ detention.

For Bernard Keane, however, there is a palpable contrast with the ” deathly silence that accompanied the government’s introduction of mass surveillance of our phone and internet use”. Keane believes there are signs of a “welcome stirring of media and community opposition”.

Certainly the government needs to be challenged on what problem its new Panopticon 2.0 is intended to solve; how its latest “suite of security measures” are anything more than a tub-thumping exercise timed to coincide with News Poll data-gathering to artificially boost the stakes of one our least popular leaders in our nation’s history. It appears to be hastily contrived with few if any real safeguards to the nation’s right to privacy or civil liberties.

There is some hope. As Katharine Murphy notes, The ACT has a Human Rights Act enabling it to impose additional controls on the sharing of facial recognition data with Canberra.

Consequently the ACT has an intergovernmental agreement stipulating the ACT “will allow access to its data via the face identification service for the purposes of national security and community safety only”.

Whilst “national security” and “community safety” are broad, the agreement also acknowledges “the importance of human rights, specifically the right to privacy”.

It’s a small step, but without it, the agreement to share surveillance data reached between federal and at the special national security meeting on Thursday represents a serious threat to a free, democratic and open Australian society.

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27 comments

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  1. Zoltan Balint

    Dear David, at any given time the authorities realise that they have been doing things and using personal information that they either should not have or should not have done. At that time new laws are put in to cover up the problem. England did this a couple of years ago and it was very telling. The fact is the police can find out anything they like and the individual can not do anything since it is in the public interest.

  2. Matters Not

    Great article David. Very, very insightful. And evidence of much research.

    It’s not just ‘reporting’ but great journalism.

  3. OPPOSE THE MAJOUR PARTIES

    macgowan’s comments reflect the stupidity of the alp and those that gov us. they really are as thick as pigswill and morally bereft. his statement means if you are accused of terrorism then your a terrorist and your rights should be suspended until you prove u r not. the same logic characterises the ‘shoot first ask questions later’ attitude. pity this sham of a democracy with the idiots in the major parties. meanwhile shorty raps in a commercial radio station while your civil liberties burn. what a laughable country

  4. Zathras

    Now that we have lost various rights to privacy and are soon losing our legal right to be held without charge, I wonder how far away we are from legally using torture as a legal option?

    We’ve already seen the threat of imprisonment imposed to stop people speaking about conditions in off-shore detention centres so it’s likely that the same could be applied to those reporting on those domestically held on suspicion as well, not the mention the detainees themselves.

    I’m sure the Government doesn’t want to see another Haneef-style incident – well at least one not made public.

    The experience of the US Homeland Security system saw over 50,000 files quickly created, mainly as a result of disgruntled neighbours of Muslims reporting them out of spite. They are now tracking the social media accounts of immigrants – just because they are immigrants.

    There was a time when we would go to war with countries who oppressed their people like this – now we are becoming one of them.

  5. SydneySteve

    How about stop pretending the PM is anything other than one of the many US puppets with only one difference, Canberra swore allegiance to the US voluntary while most other governments wore invaded or overthrown by a coup.. If you seriously wish to protect Australia from terrorism the first step is stop being known as the lackey country by severing our blind allegiance to the Empire of Chaos. Only then we can stop bombing into oblivion countries that don’t yet have a central bank and stop the endless slaughter of civilians under the pretense of humanitarian intervention. Then and only then there is a chance Australia just might be spared from the inevitable retaliation for what we have done.

  6. pierre wilkinson

    We are being protected against a confected security issue to distract us from the real problem which is that our current government is totally out of depth. Meanwhile, due to cuts to refuges, counselling, hospitals and hotline services our death toll domestically far outstrips the threat from overseas terrorists. Perhaps if we stopped bombing countries and engaging in aggressive rhetoric with insane dictators we might have enough compassion to address the real danger to our society.
    and don’t get me started on Homeland security and Herr Dutton…

  7. Harquebus

    My sentiments also. Piece by piece, our liberties are constantly being eroded and once taken, are never returned.

    “It’s a vicious act of intellectual corruption to maintain that the war on terror does not create terrorists, that those killed, wounded, or displaced have no friends or family who will exact what they consider justified vengeance.”
    “However, the functionaries and politicians who now push the Kill the Enemy button also push the Domestic Surveillance button. They will not hesitate to push the Enemies of the State, Mass Detention, Concentration Camp, and Execution buttons when the time is right. Rotten government, like rotten fruit, gets more rotten, until it’s finally tossed in the trash.”
    Killing Them is Killing Us, by Robert Gore

    “A person under surveillance is no longer free; a society under surveillance is no longer a democracy.” — Writers Against Mass Surveillance.

  8. Klaus Petrat

    Yes, it is a great article. But the Australian sheep and MSM continue to follow. Australia has now surpassed the surveilance capabilities of the East German Stasi. At some stage, torture will follow.

    Australia is a police state and nobody is waking up.

    I wonder how long it will take before the AFP is targeting Adani protesters, Environmentalists and so on.

    This is the country where the PM is OK to have his money in the Cayman Islands and nobody questions.

    But sleep a little longer. The awakening will be akin to a horror show.

  9. Keith

    Far more people are killed in domestic violence situations than by terrorists in Australia. What is the LNP doing?

    Also, more people die from falling out of bed than by terrorists. What is the LNP policy on death by bed falls?

    http://www.thecourier.com.au/story/2562169/more-aussies-die-falling-out-of-bed-than-terrorism/

    Through promoting the Adani mine and further coal power plants the LNP is pushing for more deaths through heat stroke.

    http://www.news.com.au/technology/environment/climate-change/heatwaves-in-australia-this-natural-killer-just-got-deadlier/news-story/7876bd4840e7cbc126c7a04dfa5c8973

    In 2017, a number of spots around Earth experienced record temperatures up too, and hovering around 50C.

    Currently we are experiencing catastrophic climate change; it causes death, loss of personal and public assets, and negative life changing impacts. Through promoting Adani and coal powered stations the LNP are adding to a bleak future.
    Look up “catastrophe” in your dictionary, if you believe that to be the wrong term.

  10. nexusxyz

    Australia is being run (ruined) by these clowns. They have closed down the car industry and we will lose, over time, 200,000 direct and indirect jobs. The balance of payments, as I understand, will consequently take a $29Billion hit. This is on par with do nothing Trumbull’s ‘innovation’ fiasco and the NBN fiasco he and his ingrates created. Give this level of ineptitude and incompetence you have to ask yourself who are the terrorists? Our political circus of clowns is doing infinitely more damage to the national community and economy than any group of terrorists could ever do. We are going to get taken to economic cleaners by China.

  11. Glenn Barry

    Klaus Petrat – I believe we already have the persecution of environmental groups in place with the accompanying legislation -c/o Mike Baird

    http://www.abc.net.au/news/2017-05-17/protestors-to-challenge-nsw-anti-protest-laws-in-court/8534528

    So if protests conflict with corporate interests, they can be arrested and potentially jailed.

    In addition to this we’ve had the concerted effort to disable environmental groups at the federal level with the review into charity status and their attempts to have it revoked

    Coalition tries again to strip eco-charities of tax-deductibility status

    None of this bodes well, even though the coalition may fail to enact legislation, their dogged persistence and willingness to even attempt this in the first place is of great concern.

  12. Zoltan Balint

    If the LNP can not convince others through logic or reason the only option they have is to legislate. Dutton is a good example of not being able to convince. When Dutton realises that all the information about people is too much to process he will have to ask the people to help in this job. This will be in the form of dob in for a reward. Howard tried this with the fridge magnet thing. Straight out of the ‘the enemy within’ and ‘reds under the bed’ hand book.

  13. Klaus Petrat

    nexusxyz. Love your spot on contribution.

  14. Michael Taylor

    Need I say it, David? Outstanding.

  15. diannaart

    No one could’ve prevented most mass murders, Las Vegas as case in point. A person working alone, can plan, prepare and (literally) execute an atrocity without the knowledge of family or friends, let alone ping the radar of big brother scrutiny.

    The AFP is just more window dressing along the lines of appearing to do something while the only achievement is a more tightly controlled population.

    Has anyone here been mistaken for another person? I have. OK, it was not a serious case of mistaken identity, however, until I was able to stand next to my “double”, people would’ve sworn they had seen me at some-place, with someone.

    Totalitarianism does not make excuses for innocence.

  16. Suzanne Cass

    I would keep LATELINE and the brilliant Emma Alberici over all of those. The neoliberalisation of the ABC. And seriously. All crims and (largely imaginary) terrorists have driver’s licences? please.

  17. Kronomex

    Suzanne, “All crims and (largely imaginary) terrorists have driver’s licences? please” made me think of a joke from Dave Allen –

    https://www.youtube.com/watch?v=THiV_Wa3Lz4 at 2.20 minutes. Swap teeth for licences and it’s still just as funny.

  18. Zoltan Balint

    Why would terrorists not have a drivers licence since eleven year olds do. Did you not hear Mr. (No) Hair Dutton can hold them for ever as long as they watch play school in the morning and brush their teeth and wash behind their ears and eat their veggies and confess and can spell 250, 000 + words and give their meaning from the English dictionary. Will Dutton pay the ones found innocent for lost income during the hold period and damages. Or is this pay back time for all the wedgies Dutton got when he was a kid … or is that last week.

  19. Kronomex

    Zoltan, I’m 60 and don’t have a drivers licence and don’t want one. Never had any interest in cars let alone driving one. Heinrich Dutton is waiting with bated breath for the draconian and, in a word, fascist new rules to come into force. He is without a doubt a bigger danger than the Mad Monk.

  20. Zoltan Balint

    Dear Kronomex I am sixty as well and I do have a drivers licence and the police always look at me … and smile when passing … I must be a striking figure
    But I realise that I was wrong about no hair, my new impression is that he is very spiritual as a shy zen budist respecting all humanity.

  21. David Tyler

    Thank you, Michael. Very much appreciated.

  22. jim

    Yea Klaus keep up the rage but alas most are too tired and not interested in ‘politics”mainly because our MSM has made “politics” into a joke = Labor dumb, Lnp wise, they the MSM, do know most people haven’t the time or interest in their biased reporting and outright lies.
    I too wouldn’t be interested in the MSM garbage but great news we have the internet now which may I add MUST be kept free of the likes of the MSM interference.
    Hows this the LNP do pay Asian firms for likes that are displayed on social media well I dont know if this is true for sure but believe me thats something that the Lnp would do.
    https://www.newscientist.com/article/dn2817-right-wing-governments-increase-suicide-rates/

  23. Johno

    Abbott now sayes climate change is good, say that to polar bears now 20 percent smaller due to slowly starving in a warming arctic.

  24. Zoltan Balint

    Due to storms flooding and expected increase if bush fires loss of private and public assets will increase and to rebuild them … all the extra jobs and the GDP will go through the roof. Well we lost the roof in the last storm and the house got washed away. Now the real benefit of all the people who live on those small islands sinking around Australia coming here and they will work for nothing as long we feed them and all the lazy work for the dole people will have something to do. Nation building. Abbotts dream.

  25. Zoltan Balint

    Forgot the island people will have to come by boat. Dutton.

  26. Martin Jansen

    It is a self feeding creature since security companies get profits from insecurities real, or engineered. Like arms dealing every aspect of it is very profitable. My most worrying aspect is that the Government with ever more swelling databases creates attractive “honey pots” for criminal hackers trying to exploit the available data – these may be overseas players with no national allegiance – bravo Gov !!! Well done with your unbelievable incompetence.

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