Updated: Australian cyber-related legislation before parliament, plus current inquiries

Parliament House, Canberra

With just three weeks of parliamentary sittings remaining in 2021, I thought I’d compile a list of legislation and inquiries that are making their way through the system which are relevant to my interests — and perhaps yours. I need to catch up on a few of these.

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Richardson Review: Chronology of Australia’s national intelligence community

In December 2020 the Australian government finally released the report of the the Comprehensive review of the legal framework of the National Intelligence Community, which was actually completed a year earlier. It includes this very handy chronology of the development of Australia’s national intelligence community.

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Poorly-handled rabbit incident at Circular Quay library

Customs House (Detail)Earlier today I saw something which shouldn’t have happened. Rather than walk away, I said something about it. And rather than leave it there, I sent this email to the City of Sydney. I also tweeted it. I’ll let you know how it goes.

[Update: On Thursday I received an email from the City of Sydney’s security operations manager, saying there would be “an internal investigation into this matter”.]

This is a complaint.

Two hours ago [at the time of writing] I saw an older man chucked out of the Circular Quay library for the heinous crime of trying to take a photograph with his pet rabbit. It was poorly handled. This is not on.

I’ve already discussed this with the staff member involved, but I could tell he just wanted me to go away. So I’m putting this on record, and I’m hoping it’ll lead to actual change rather than a boilerplate bureaucratic response. Please don’t disappoint me.

I’ll start at the beginning…

Around 4.45pm on Tuesday, I was leaving the library when I saw a man set down his rabbit on the corner of the 3D city model. It was a big rabbit, clean and well-behaved, with smooth orange-brown fur. It was a good rabbit, a rabbit that anyone would be proud to own. I stopped to watch.

As the man stepped back to take a photograph of his bunny friend with the model city in the background, a staff member approached. The security guy. I didn’t catch the beginning of the conversation, but the security guy stood close in front of the man, a metre away with the rabbit between them, in a stance which said “I am in control and you will obey me”.

It was clear to me that the man was confused, if nothing else because English wasn’t his first language. Was the problem walking on the glass floor? There were signs indicating it was wet, and a hazard. Was it photography? Was it the rabbit?

It was also clear to me that the man was being compliant. He was trying to understand the request and, once he understood that he had to leave, to leave at his own pace, keeping the rabbit calm while he moved to collect the bag in which he’d been carrying it.

Each time the man paused, however, the security guy stepped forward into his personal space. His body language was aggressive, the tone of his voice ever more assertive. This continued as the man slowly left the building, the security guy continually pressing forward into his personal space. It was clear that the man was frustrated by this constant pressure.

If I had to paraphrase the conversation, it would be like this:

Man: OK, I’m leaving.
Security guy: You have to leave now.
[repeat]

As the man stepped down onto the plaza, he turned, and for the first time in this entire encounter he raised his voice in frustration. “I’ll never see you again,” he said, not understanding why he was being pursued, then a few words I didn’t hear.

“Fuck you,” he finally said, before walking away.

The rabbit expressed no opinion.

Here’s what I think is wrong with all this…

There was simply no need whatsoever for aggressive policing by the security guy. He disagrees with me on the word “aggressive”, but stepping into the personal space of someone half your size, and staying there, is an aggressive act.

Once the man had finally understood what was required of him, and he was walking from the building, there was no need for close pursuit. The security guy could’ve just stood back and watch him leave. He didn’t seem to have anything else to do at the time.

I decided to confront the security guy about this. I spoke with him near the front desk. Two staff members witnessed it, but they said they didn’t see the incident itself.

The security guy pointed out that there’s a no-animals policy. Fair enough. But one brown rabbit is hardly an existential threat. There was no need for this situation to be rushed, let alone dealt with so aggressively.

It was just a rabbit, for God’s sake!

He also said that the man was intoxicated. I have no idea whether he was or wasn’t. That hadn’t been part of the conversation between them. But even if he was intoxicated, so what? Yes, he should be asked to leave, but why add pressure to an until-then harmless situation?

He also said that the man had been abusive. Yes, but only once, and only after he’d been under continuous pressure.

I wonder how this all might have gone if the person with the rabbit had been a child or tourist, rather than an older man with limited English.

I wonder whether a better way of handling this might have been to say, with a smile, “Mate, you can’t have a rabbit in here. Take the photo quickly, but then you’ll have to take the rabbit outside.” It would have made a cute photo, and it wouldn’t have harmed anyone.

To be clear, the security guy was nowhere near being violent or even abusive. I’m not making that kind of accusation.

But far too often we see an escalation of aggression in situations which present no risk of harm, or even of inconvenience, to anyone but the police or security personnel involved. These are the situations which turn a simple eviction into a fight, or an arrest into a fatal shooting.

The causes are usually a lack of patience, and a personal need by police or security personnel to feel that their commands are being obeyed promptly, rather let the situation unfold at its natural pace.

This was one of those cases. A tiny one, to be sure, but it’s still something that I think we should speak out against.

It was just a rabbit, for God’s sake!

Thanks for your time. I look forward to your response.

Stilgherrian

[Photo: Customs House (Detail). The facade of Customs House at Circular Quay, Sydney. This building houses the Circular Quay branch of the City of Sydney Library, amongst other things, photographed on 14 February 2018. Note: This version of the text corrects a some typing errors.]

Operation Sovereign Borders, sinister and banal [blogjune05]

An Australian bureaucrat reacts to allegations that Operation Sovereign Borders removes safety gear from lifeboats: click to embiggenThis man’s name is Mick Kinley, and he’s shrugging with indifference at allegations that safety equipment is deliberately removed from the lifeboats used to return asylum seekers to Indonesia. But that OK, he’s the acting chief executive officer of the Australian Maritime Safety Authority (AMSA).

I’ve never met Kinley. I know nothing of his work apart from this incident. But do we really need any further context? The bureaucrat in charge of maritime safety is challenged over what sounds like a breach of maritime safety, but, you know, “Whatever.”

I believe this is what’s called the banality of evil.

Hang on, I’d better scroll back a bit…

Operation Sovereign Borders (OSB) is the Australian government’s grand-sounding name for the grubby process of intercepting any boats at sea that contain asylum seekers and returning them to Indonesia. They’re put into standard orange lifeboats towed behind our ships, and once they’re within a certain distance of Indonesia they’re cast off and left to find their own way hone.

But as The Guardian’s Paul Farrell reported on 7 May, safety equipment is removed from those lifeboats beforehand — ropes, scissors, knives, a mirror, fishing line and even buckets.

On 27 May, Kinley was questioned about this in the Senate Rural and Regional Affairs and Transport Legislation Committee by Senator Stephen Conroy, who was clearly unimpressed. You can read the transcript — the relevant exchange starts on page 86 — but you should really watch the video to see the body language for yourself.

Actually, it’s worth picking up the story a little before that video starts, on page 84…

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Guilty of being a teenager in a public place [blogjune04]

Police news clipping, click to embiggenEarlier this evening, Channel TEN journalist Hayden Nelson tweeted this news clipping, and oh how we laughed. But beyond the laughter, there’s something quite sinister here.

This item appears to be from one of the Murdochland local suburban papers, and it reads:

Mosman police were patrolling Rawson Park on Friday night, May 30, when they spotted two teenage males standing in the darkness at about 10.30pm. Police deemed it to be suspicious and thought they may have been there to consume alcohol or drugs. The 18-year-olds stated that they were just hanging out and eating lollies. After a search nothing was found but red frogs in their pockets. The pair were moved on from the area by the officers.

I know that the Sydney North Shore suburb of Mosman is a separate planet from the rest of human society, but I seem to recall that when I was 18 years old, some time shortly before the last of the mammoths died out, the local park was about the only place you could go for a private conversation with your mates about… well, life.

Home was obviously out, because your parents were there. Shopping malls were closing, and in any event you can’t just hang around in the mall without buying something. The same goes for pubs and cafés. Not everyone can afford to buy endless beverages, even in Mosman.

The increasing privatisation of public space is a problem. You can’t just walk around the Sydney Harbour Foreshore, for example, without coming under the management of the Sydney Harbour Foreshore Authority and their arbitrary rules enforced by private security guards.

The privatisation of public space even has its own story category at The Guardian.

The roads have been turned over to traffic, not people. What seats you can find to sit on are part of JCDecaux’s advertising empire masquerading as bus shelters, sited right at the edge of the road where their hoardings can be seen, rather than set back from the kerb so you can hear yourself think.

No, the local park is the place for a quiet chat about the hell of growing into adulthood.

“Hanging around” is precisely what public parks are for — and if that’s “in the darkness” it’s because the local council is either stingy with the lighting budget, or understands that it’s not actually healthy for the night to be lit up like a football stadium.

Actually no. It’s “in the darkness” because, der, that’s what happens at nighttime.

Maybe there’s more to this story than meets the eye. But as it’s reported, it seems like these two lads were “deemed to be suspicious” simply because they were teenagers outside after dark, and were asked to move on for no valid reason whatsoever, other than to cover the police officers’ embarrassment with having interfered with people going about their lawful business. And that’s wrong.

[Update 5 June 2014, 0805 AEST: In a comment below I’ve written about the law that apparently applies in this situation. It reinforces my view that what happened here was just plain wrong.]

[This is one of 30 daily posts I’m writing during Blogjune. See them all under the tag blogjune, or subscribe to the RSS feed.]