Thursday 9 May 2013

Listen up

It used to be that if you wanted to talk to the government you had to send a letter.

Then you were able to send a fax.

Nowadays, if you want to say “listen up” you can send them your thoughts by email, tweet or instant message.

But as of last night’s first reading of the bill to legalise the GCSB’s inability to read the law by which the department of buggers is empowered, we can now look forward to a new way of letting the government listen up: by having them listening in directly. By having the buggers intercept our emails, tap our phones, and bug our houses.

In short, by having these flatfooted, bumble-headed buggers, who were set up to spy on non-New Zealanders, spy on us instead—and without any real legal limit.

Oh, there are limits proposed, but many fewer than the police require for a warrant to search your home.  (And those few limits have just been made many fewer.)  The limits on them are just two: first, the “responsible minister” will have to sign an authorisation (ever met a responsible minister?), which will of course remain secret; and then the robustly named “Commissioner of Security Warrants” will have to do likewise. *

Try talking to either of them if you want to complain or protest, or talk at all about “due process of law.”

In fact, try to even find out if you’re being spied on, and by whom.

There is a definite trend at work here. Put this new bill together with Simon Power’s cut-price rapid legislative guillotine removing age-hold legal provisions to protect the innocent (you know, unfashionable things like jury trials and presumption of innocence), expanded search and surveillance powers for police, expanded powers for IRD to raid whatever bank account they feel like, and provisions being prepared to share information garnered by any of them between all of them, then if any of these agencies were in any way competent there’d be serious cause for concern.

Mind you, all the provisions are there to use, aren’t they.  No point having a whip if you can’t crack it. And while you might personally think John Key is such a nice man he’d never allow anything nasty to happen (well, not unless the FBI invite a few friends to join them in Coatesville one evening for a fly-over and a little house party), maybe you should be reminded that not everyone in politics matches your illusions about Mr Key. Invoking that famous bugger Richard Nixon and reminding you of his Enemies List is probably akin to violating Godwin’s Law, but remember that the Right Honourable Robert David Muldoon had his own much-treasured list of enemies, and bucked every legal restraint then existing to harm them.

So woe betide you if on some future date you fall foul of some grey one out to get you, or just eager to please a superior.  Because their job is being made easier by the day.

* The rigour with which this is likely to be carried out may be observed in the fact that the Bill of Rights Act requires the Attorney General to sign a certificate whenever proposed legislation fails the Bill of Rights test—and he simply hasn’t bothered to in this case. Mind you, Finlayson does thinks his rights trump our own…

4 comments:

MauriceWinn said...

Hopefully, Kiwis will one day realize the government should be there to serve them, rather than that their existence is to serve the government.

The trends are not good. But there is enough residual self-respect that politicians have to be careful to not go too far in their megalomania.

Big Brother and 1984 loom large. The fact that NZ is actually pretty good compared with the horrors of some [most] countries is small consolation.

The failure to recognize NZers own the place results in faulty ideas such as open immigration [Libertarianz policy]

Anonymous said...

Don't the real crooks use high tech unbeatable encryption anyway.

WM

Kiwiwit said...

The US Government now has access to recordings of every telephone and cellphone conversation as a matter of course. This was admitted by an FBI counter-terrorism official in regard to the Boston bombing (see: http://www.guardian.co.uk/commentisfree/2013/may/04/telephone-calls-recorded-fbi-boston). Note we are not talking about wiretapping with probable cause, this guy admitted that every electronic conversation between every person is being stored and is available to the government. My guess is our government plans to do the same.

Daniel A said...
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