Tuesday 24 February 2015

Metadata Retention: in which the Prime Minister of Australia says any old thing which pops into his head


The Sydney Morning Herald on 19 February 2015 reported assertions made by Prime Minister Tony Abbott concerning his government's plan to introduce mass telecommunications and information technology surveillance of the Australian population:

The Abbott government's controversial data retention scheme will cost an estimated $300 million to set up, with telecommunications consumers expected to foot almost half the total cost through higher bills.
The government wants legislation passed by March requiring telecommunications companies to store customer metadata for at least two years.
Under the government's proposal, phone and internet firms would be forced to store details such as the time and place of phone calls, and the origin and destination of emails. It does not include the content of communications.
Responding to calls to release the cost of the scheme, Prime Minister Tony Abbott said on Wednesday that it would cost less than one per cent of the estimated $40 billion value of the telecommunications sector to establish.
Mr Abbott said that the price of not storing electronic communication records is "incalculable" and would lead to an "explosion in unsolved crime".
Fairfax Media understands the government's calculations for setting up the scheme are approximately $300 million, based on an industry analysis by professional services group PwC. [my red bolding]

There will be an explosion of unsolved come across the country if Abbott & Co are not allowed to introduce universal surveillance of Australian citizens? 

Surveillance that stores raw digital data about the daily lives of all citizens. Data which federal government security agencies, police and every revenue raising state or federal government agency or statutory authority can access without a warrant.

So if persons committing criminal offences have had the upper hand because there is no mass surveillance to date, why is it that crime has not spiralled out of control before now?

If police need these additional mass surveillance powers to do their job effectively, why do NSW Police currently solve a high percentage of homicides and why was the NSW prison population in 2014 rising without these powers?

If landlines, mobile phones and the Internet are so vital to the commission of major crimes, how is it that I live in an area with a relatively high rate of Internet connection in the home (58% with public access points also available) but stable to lower recorded major criminal offences trends and, New South Wales as a whole showed no significant recorded major offences upward trend in the September Quarter 2014.

If there was thought to be a direct correlation between no mass surveillance and unsolved crime, I suspect the fact that around 62 percent of individuals before NSW local courts already plead guilty in the absence of such surveillance might call that assumption into question.

As would the fact that the number and percentage of criminal convictions are increasing in NSW lower and higher courts without continuous two-year metadata retention being available to police without a warrant.

This may be a somewhat simplistic yardstick used to measure the veracity of the federal government position, but it does indicate the likelihood that Tony Abbott was spouting arrant nonsense for the benefit of the camera.

Prime Minister Abbott also made a National Security Statement on 23 February which included this sentence:

The government's Data Retention Bill – currently being reviewed by the Parliament – is the vital next step in giving our agencies the tools they need to keep Australia safe.

However, access to metadata without a warrant apparently would not have stopped the violent Martin Place siege or kept the seventeen hostages safe during their 16 hour ordeal.  


the perpetrator of this fatal siege was known to national security and police agencies for most of the eighteen years he lived in Australia;
his Internet and social media presence was being monitored and assessed;
there were at least 18 calls from members of the public to the National Security Hotline between 9 -12 December 2014 concerning the offensive nature of the content on his public Facebook page; and
with the exception of the suspension of a website and certain criminal charges before the courts, relevant authorities did not act to contain the perpetrator based on the information in their possession before 15 December 2014 because he was not considered a threat to national security.

This example places into doubt this second reason Tony Abbott recently gave for the need to implement a mass surveillance scheme.

High Court of Australia: state of play in the matter of NSW Independent Commission against Corruption v. Cunneen & Ors


For those interested in how the appeal, Independent Commission against Corruption v. Cunneen & Ors is progressing, see document links below.

North Coast Voices’ regular readers might recall that it was Cunneen v Independent Commission Against Corruption which caused the NSW Independent Commission Against Corruption to delay its final reports concerning Operations Credo and Spicer.


09/12/2014 Application for special leave to appeal
12/12/2014 Hearing (Single Justice, Sydney)
16/01/2015 Written submissions (Applicant)
16/01/2015 Chronology (Applicant)
02/02/2015 Written submissions (Respondents)
02/02/2015 Chronology (Respondents)
13/02/2015 Reply (Applicant)
04/03/2015 Hearing (Full Court, Canberra
*The due dates shown for documents on this page are indicative only

Janet Cavanaugh to stand as The Greens candidate in March 2015 NSW state election


Excerpts from Greens candidate in the Clarence electorate, Janet Cavanaugh, 13 February 2015 media release:



*Janet Cavanaugh has lived in the Clarence for 25 years and her connections to the Clarence go back five generations. Living in Whiporie in the Richmond Valley and working in Grafton means she has a wide appreciation of both local government areas in the electorate.

Janet holds degrees in engineering, natural resources and environmental management. Working in the NSW public sector for 23 years has given her extensive experience in the operation of Government. She currently works as a planner, specialising in park management.

Janet joined The Greens in 1995 as a founding member of the Clarence Greens. She was the Greens candidate in 2011 in the state election and also the by-election that was held in that year.

Ms Cavanaugh has announced that her campaign will focus on the need for clean politics and also clean energy.

“It is time to clean up this state,” she said. “This election is an opportunity for the community to cast a vote of ‘no confidence’ against the corruption of the major parties.

“The Greens have a history of maintaining ethical stands across a range of issues,” Ms Cavanaugh stated. “By acting with integrity, the Greens offer a better way of doing politics — a way that is resulting in better outcomes for our community.

“The Greens have consistently opposed plans to privatise and undermine public services,” she said. “If elected, I'll work hard to defend our schools, TAFEs, hospitals, gaols, and our water and electrical networks from privatisation.

“Cleaning up our energy supply is linked to cleaning up our politics,” she said. “The major parties receive large donations from mining and gas companies — the same companies that are seeking licences or leases from the NSW Government to exploit the state’s resources.

“The Greens are advocating a statewide ban on unconventional gas as the risks are too great,” she said. “Our area’s economy relies on its natural resources for agriculture, fishing and tourism. It’s vital we keep them healthy into the future.

“Instead of risking our future with unconventional gas, we should be expanding our clean energy infrastructure and the jobs that come with it.

“I am standing as the candidate for Clarence because I believe we can change the future by protecting and building our region in a way our grandchildren will thank us for,” she said.

Monday 23 February 2015

How to constrain an incoming council in one easy lesson


It took Council in the Chamber less than twenty-six minutes to decide to renew the general manager's $240,000 contract, approve additional financial provisions and extend his employment to 17 February 2020 - thereby binding the next duly elected Clarence Valley Council to a particular general manager for all but the last seven months of its four-year term in office.

So rushed was this process that it appears that the new employment contract was signed on the night.

Five excerpts from Clarence Valley Council Ordinary Monthly Meeting Minutes of 17 February 2015:

1. COUNCIL RESOLUTION – 07.003/15
(Crs Williamson/McKenna)

That
Council resolve itself into Committee of the Whole and the press and public be excluded to allow consideration of one confidential report 10.001/15: In accordance with Section 10A(2)(a) of the Local Government Act 1993, it is recommended that as the matter contains personnel matters concerning a particular individual (other than Councillors) that the matter be dealt with in closed session.

Voting recorded as follows

For:
Councillors Williamson, McKenna, Hughes, Lysaught, Simmons, Howe, Kingsley
Against:
Councillors Baker, Toms

2. The microphones were turned off, live streaming ceased and the press and public were excluded from the Chamber.
Council moved into the Committee of the Whole at 9.21 pm to consider Item 10.001/15.....
The Ordinary Council meeting resumed at 9.47 pm.

3. COUNCIL RESOLUTION – 10.001/15
(Cr Williamson)

(a) That Council enter into a Deed of Variation with Mr Scott Greensill to vary the current contract of employment between Council and Mr Scott Greensill by deleting the words “or at the most 18 months” from Clause 5.3 and that the Common Seal of the Council be affixed to the Deed.

(b) That subject to the Deed referred to in Paragraph (a) above being executed by Council and Mr Scott Greensill, Council offers Mr Scott Greensill a new five year contract of employment, incorporating the existing job description, and inclusive of a total remuneration package equal to his current total remuneration package, to commence on 17 February 2015 (or as soon as the documentation is executed) and terminating on 16 February 2020 (or 5 years after commencement).

(c) That the contract of employment be in accordance with the standard contract required by the NSW Office of Local Government.

(d) That the Mayor be authorised to negotiate the employment contract terms applicable to provision of a Council motor vehicle to Mr Greensill to be consistent with Council’s standard policy arrangements for provision of motor vehicles to other staff.

(e) That Schedule A under Clause 4.5 of the contract of employment extend the application of the following Council Policies to the General Manager:

• Gifts and Benefits
• Reimbursement of Legal Costs to Staff
• Business Credit Card Use
• Motor Vehicle Management Protocol
• Sick Leave/Carer’s Leave
• Staff Travelling Expenses

(f) That the contract of employment be executed by affixing the Common Seal of the Council.

Voting recorded as follows

For:
Councillors Williamson, Hughes, Howe, Simmons, McKenna, Lysaught, Kingsley
Against:
Nil
Noting that Crs Baker and Toms were absent from the Chamber and did not vote

4. COUNCIL RESOLUTION – 07.004/15
(Crs Hughes/Simmons)

That
Council move out of the Committee of the Whole and the Ordinary Meeting resume.

Voting recorded as follows

For:
Councillors Williamson, Howe, Hughes, Simmons, McKenna, Lysaught, Kingsley
Against:
Nil

Noting that Crs Baker and Toms were absent from the Chamber and did not vote.

5. Cr Baker, Cr Toms, Scott Greensill, Troy Anderson, Des Schroder, Ashley Lindsay and Kristian Enevoldson returned to the Council meeting at 9.53pm......

There being no further business the meeting closed at 9.53 pm.