[AusNOG] Dutton decryption bill

[Mark Newton]

I challenge you to identify the last time the High Court invalidated any Australian legislation whatsoever on the grounds of conflict with the International Covenant on Civil and Political Rights.

That’s simply not how Australia works. Never has been. It’s utterly delusional to think that a Government that gets away with no consequences with running island concentration camps where children literally set themselves on fire might potentially run afoul of a human rights convention over backdooring WhatsApp.

  - mark


> On Sep 19, 2018, at 3:44 PM, Paul Wilkins <paulwilkins369 at gmail.com> wrote:
> 
> If the legislation is ill received in some quarters, the government can pass the Bill and the public will just have to suck it up. On the other hand, if it's actually illegal, it's by no means unlikely that either Silicon Valley corporations, or privacy NGOs, will challenge the legislation.
> 
> I'm sure Mark you're aware the UK surveillance powers have had to be redrafted after a challenge to the European Court of Human Rights.
> 
> 
> Kind regards
> 
> Paul Wilkins
> 
> 
> On Wed, 19 Sep 2018 at 14:22, Mark Newton <newton at atdot.dotat.org <mailto:newton at atdot.dotat.org>> wrote:
> “Possible High Court challenge”?
> 
> Jesus Christ, Paul, what planet are you on?
> 
> 
>  -  mark
> 
> 
>> On Sep 19, 2018, at 12:18 PM, Paul Wilkins <paulwilkins369 at gmail.com <mailto:paulwilkins369 at gmail.com>> wrote:
>> 
>> So I'd finished reading the submission of the Office of the Australian Information Commissioner <https://www.oaic.gov.au/engage-with-us/submissions/public-consultation-on-the-telecommunications-and-other-legislation-amendment-assistance-and-access-bill-2018-submission-to-department-of-home-affairs> and it struck me as pretty light touch (not so very surprising). Today Google turns up the submission of the Australian Human Right Commission <https://hrawards.humanrights.gov.au/submissions/telecommunications-and-other-legislation-amendment-assistance-and-access-draft-bill-2018> . Whew! It's extensive and detailed, and full of criticism, particularly around where, in their opinion, the Bill is unlawful where it contradicts Australia's obligations under the International Covenant on Civil and Political Rights, where invasion of privacy needs to be "necessary and proportionate" to the threat. Which is all very well and sets the scene for possible High Court challenge if the Bill becomes law. All it needs is someone prepared to risk prison on the odds of creating a precedent.
> 
> 
> 
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