Sunday, June 17, 2012

New Bill in Britain


The British government has introduced a draft bill to introduce total digital surveillance. Details about every email, phone call or text message in the U.K. (sic) would be logged — and they say that those  worried about the program are all either criminals or conspiracy theorists.

If (or when) this Bill becomes law, providers would collect IP addresses, the details of customers' electronic hardware, and subscriber information including names, addresses, and payment information.

Physical communications would also be monitored: Address details written on envelopes would be copied and parcel tracking information would be logged as well.

The state would be able to keep all the data up to a year, or longer if it was the subject of legal proceedings.

The monitoring will be done without the need for the police or agencies to apply for a warrant. No one will know the extent of the monitoring, its effects, nor the conclusions that the authorities may draw from the data.

Tuesday, March 27, 2012

Search and Surveillance Bill Passed

The Search and Surveillance Bill was passed on 22nd March. Now it just needs rubber stamping before it becomes law.

When this Bill becomes law, the range of opportunities for legal surveillance available to police and various State agencies increases dramatically. That also means, the 'illegal' activities that those same forces do, shift laterally and also widen.

When this is law, there will be a lot more warrant-less searches and surveillance and warrant-less use of spies, or HIDs - Human Intervention Devices. Road blocks like those seen on 15th October in Ruatoki could become the norm, and increasing use of detention on mere belief that a 'crime' may be committed.

The right to silence and the right not to self-incriminate are also attacked under this law.

March 22nd was not a good day in history. Let's hope that somehow this Bill is never rubber-stamped.




Tuesday, March 20, 2012

S&S Bill May Be Decided Tuesday 20th March

The Search and Surveillance Bill most probably comes out of Committee on Tuesday 20th March. It will then be voted on and could be law by April 18th.

It will be a sad day.

Sunday, February 19, 2012

Search and Surveillance Bill to be Law by April


Judith Collins, Minister of Justice, has announced that she intends that the Search and Surveillance Bill is law by mid-April this year.

Mid-April is when the 'temporary Video Surveillance law' expires. That is the law rushed through parliament to retrospectively legalise illegal police action. An action described by many lawyers as 'abhorrent' and even 'repulsive' and not needed. It is (or was) already law then, that any evidence gathered (whether legally or illegally) can be presented in court under the Evidence Act, at the discretion of the court, depending on the seriousness of the evidence.

New Zealand is one of the only lands where law can be changed retrospectively on the whims of government.

Once the Search and Surveillance Bill becomes law, we will be even more on the road to becoming one of the most heavily surveilled countries in the world.

There will also be fundamental changes to 'law and order' - the right to silence will be gone, as will the right to not incriminate oneself. And the law has a catch-22 phrase to legalise all future surveillance developments before they have developed.

This Act, hand-in-hand with other law changes going on, mean so-called 'rights' such as the right to a jury trial, the right to be present for your own court case, are being written out of law.

The Search and Surveillance Bill needs to be stopped now.

Friday, October 14, 2011

Video Bill Passed

The Video Surveillance Bill is law. It was passed on October 6th, 2011.

The Bill makes it explicitly lawful for government agencies to use covert video surveillance under a warrant for private property. In plain language, it legalises police breaking the law and planting secret surveillance cameras inside peoples' homes.

The bill has retrospective effect, ensuring that all video footage can be used as evidence and that previous convictions that relied on video evidence are not open to appeal.

Another law, the Private Investigators and Security Guards Act, was updated in April. It allows private security to install video cameras to assist their work, however they are still unable to legally record in a private residence but that allows, for now, video surveillance and records made in all other areas.

This is in contrast to Germany which bans companies from spying on employees, and they are even banned from checking out employees on Facebook and other social networking sites.

Monday, October 3, 2011

Urgent Action Alert – Stop the Video Camera Surveillance Bill!

It is only days now until Parliament votes on the law that would legalise covert video surveillance by Police, Fisheries, SIS and Customs. This bill must be stopped! It is the most serious assault on our fundamental freedom and rights in our lifetime. As it stands, no warrant is even required to conduct video surveillance.

We are asking everyone to take two minutes to email members of Parliament who have not decided which way to vote and tell them to vote ‘NO’ on the bill. It is likely to be voted on this Thursday (October 6). At present, the National party does not have the numbers to pass the bill. It only has the support of United Future. It needs 3 more votes – so we want to make sure that neither the Labour Party nor the ACT party support this dangerous bill from becoming  law. The Green, Maori and Mana parties do not support the bill at all.

Please email any member of parliament you like. We would certainly encourage in particular emails to:

ACT party
Rodney Hide – rodney.hide@parliament.govt.nz
John Boscawen – john.boscawen@parliament.govt.nz
Roger Douglas – roger.douglas@parliament.govt.nz
Hilary Calvert – hilary.calvert@parliament.govt.nz
Heather Roy – heather.roy@parliament.govt.nz

LABOUR
Phil Goff – phil.goff@parliament.govt.nz
Annette King – annette.king@parliament.govt.nz
David Parker – david.parker@parliament.govt.nz
Charles Chauvel – charles.chauvel@parliament.govt.nz
Grant Robertson – grant.robertson@parliament.govt.nz
David Cunliffe – david.cunliffe@parliament.govt.nz
Ruth Dyson – ruth.dyson@parliament.govt.nz
Clayton Cosgrove – clayton.cosgrove@parliament.govt.nz
Maryan Street – maryan.street@parliament.govt.nz
Trevor Mallard – trevor.mallard@parliament.govt.nz

The most important thing to say is:
‘VOTE NO ON THE VIDEO SURVEILLANCE BILL’.

Other things you can say are:
  • It is an assault on the rule of law as it retrospectively legalises illegal police actions
  • It is an assault on the right to be free from unreasonable search and seizure
  • It is an assault on the right to privacy
  • You don’t want any expansion of the power of the state to surveil people
The police and government have been misleading the public by saying that the bill will ‘restore the common law position’ - the police have never had the power to do trespassory video surveillance. The police knowingly broke the law and should be prosecuted.

The ONLY submission received in support of this law was from Police. All other submissions – including the Law Society, Criminal Bar, civil society organisations and hundred of individuals all opposed this bill.

Monday, September 26, 2011

March Against the Police State

From: The Campaign to Stop the Search and Surveillance Bill
 
'There will be an urgent protest march on Saturday, October 1st at 2pm
starting from Cuba Mall stage to oppose the government's plan to
retrospectively legalise illegal video surveillance by the police,' said
Batch Hales, member of the Campaign to Stop the Search and Surveillance
Bill.
  
'The State is set to legalise unlawful video surveillance by police to
cover cases already before the criminal courts.  In doing so, they are
validating illegal conduct deliberately engaged in by the police. They
plan to pass this law under urgency within the next week. This is an
outrage. People across the country are deeply concerned about this issue.
We must stop this further fundamental assault on our freedoms and roll
back the expanded police state.'
  
'Most people will have heard that John Key wants to legalise police
breaking the law and planting secret surveillance cameras inside people´s
homes so that it applies retrospectively - eg. to cases that have already
been investigated and are now being prosecuted. That is, quite simply,
contrary to fundamental constitutional principle and a serious violation
of individual human rights. It is the police who should be prosecuted.'

Thursday, July 7, 2011

SIS Bill Passed

A sad day, on 5 July the SIS Bill became law. It was passed on a vote of 107-10 votes. Unchanged despite calls from groups such as the NZ Human Rights Commission to amend it.

Monday, February 14, 2011

Submissions Against the Bill due Friday 18 Feb

OASIS information stall about the SIS
Thursday, 17 Feb at 12:00 on Lambton Quay

As submissions against the SIS Amendment Bill close Friday, 18 February, OASIS will be helping out the day before by having a SIS information desk on Lambton Quay. We will set up a table, wearing our best black suits, and sign people up to request their SIS files, to make submissions, and in general discuss surveillance and state security in this society.

If you are free to give asistance, please meet outside the Westpac Bank, upper Lambton Quay, on Thursday lunchtime (12pm). 

Wednesday, February 2, 2011

OASIS - Submissions Against SIS Amendment Bill

Submission on the Security Intelligence Amendment Bill close Friday, 18 February.

Normally submissions to select committees are heard in public, but because this Bill will be heard before the Intelligence and Security Committee (ISC), chaired by John Key, submissions will be be heard in secrecy. So if you do a submission, demand to be heard in public.