Greens says Cybercrime Bill seriously flawed

Stuart Corner
Friday, 19 August 2011 07:58

IT Policy - Regulation

The Australian Greens has called on the Government to fix what it claims are serious flaws in the proposed Cybercrime Bill before presenting it for debate, and has accused the Government of using security as an excuse to ride roughshod over civil liberties.

Attorney-General Robert McClelland introduced the Cybercrime Legislation Amendment Bill 2011 to create the legislative framework to enable Australia's accession to the Council of Europe Convention on Cybercrime. The convention promotes a coordinated approach to cybercrime by requiring member countries to criminalise four types of offences: offences against the confidentiality, integrity and availability of computer data and systems; computer-related offences, including forgery and fraud; content-related offences; and offences related to the infringement of copyright and other related rights.

Greens communications spokesperson, senator Scott Ludlam applauded the tabling of a unanimous and highly critical report by the Joint Standing Committee on Cyber Safety, which has proposed a series of amendments to the bill. "We all want to see enhanced collaboration by law enforcement agencies fighting serious crime, but the proposed law goes well beyond the already controversial European convention on which it is based and could encroach on civil liberties. No explanation was provided for this overreach," he said.

"The European Treaty doesn't require ongoing collection and retention of communications, but the Australian Bill does. The bill also leaves the door open for Australia to assist in prosecutions which could lead to the death penalty overseas. These flaws must be addressed before the bill proceeds."

Ludlam said the Greens had "recommended a number of improvements to the bill including fixing these flaws and clarifying the Ombudsman's powers to inspect and audit compliance with the preservation regime, and he claimed that the process of getting the bill into law had been rushed.

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