Bernard Keane at Crikey – and, disappointingly, few others – have noted the Greens’ irresponsible and outrageous questioning of why ASIO should get a massively expanded remit without any serious attempt at justification. How unserious of them to suggest that when spies get additional powers, a reason should be provided! It’s the next generation of fairies at the bottom of the garden!
Apparently, ASIO’s role in economic espionage and counter-espionage is to be stretched so broadly that the catch-all of “national security” can no longer always be applied:
The just-passed Intelligence Services Legislation Amendment Bill 2011 features a number of clauses, but the change of most interest is the change to Section 27(b) of the ASIO Act, which you can read the current text of here. The bill’s explanatory memorandum puts the change as follows:
Section 27B provides the circumstances in which the Attorney-General may issue an authorisation for foreign intelligence collection. Currently, paragraph 27B(b) provides that the Attorney-General must be satisfied, on the basis of advice received from the relevant Minister, that the collection of foreign intelligence relating to that matter is important in relation to the defence of the Commonwealth or to the conduct of the Commonwealth’s international affairs.
This item will amend this condition so that the authorising Minister may authorise the collection of foreign intelligence if satisfied, on the basis of advice received from the Defence Minister or the Foreign Affairs Minister, that the collection of foreign intelligence relating to that matter is in the interests of Australia’s national security, Australia’s foreign relations or Australia’s national economic well-being. The new conditions recognise the broader nature of the contemporary threat environment.
One possibility is this section is to deal with China’s rather blatant, often relatively unsophisticated, but still effective attempts at economic espionage. One can only presume that Australian businesses are being similarly targeted. Monitoring and discouraging such activities does seem reasonable for ASIO to be involved with, on the face of it.
But, then again, wouldn’t monitoring and curtailment of economic espionage by a foreign power – or even groups or individual one might reasonably suspect to be operating with the connivance of a foreign power – fall within the remit of “national security”? Heck, Wikipedia quotes any number of prominent people (mostly Americans, admittedly) whose definitions explicitly include economic factors.
But for some reason it’s not enough, and we’re left with a definition giving the Minister incredibly broad powers to authorize spying if they think it advances Australia’s economic interests – or even plausibly claim that it might do so. And both major parties think that’s just fine.
It’s not like ASIO has a shortage of things to do. For instance, it might consider pulling its finger out and processing the backlog of hundreds of asylum seekers stuck in limbo while ASIO figures out whether they’re terrorists or not.
Does this mean we can spy on the United States?
It’s the globalisation of intelligence agencies that I’ve observed for many years that concerns me.
Seems to be an international club that is exclusive of national executive control.
Abu Ghraib comes to mind as an example of how these organisations can unite against the explicit policies of the nations they represent.
I guess it is an attempt to legitimize existing practices. Heaven knows the spooks already are a law unto themselves.
I surprised that Tony Abbott hasn’t called for greater scrutiny of this particular bill, holding the government to account and all that.
At least we can still read the laws that give the spies new power.
Talking about “intelligence” services, remember this gem?
http://everything2.com/title/ASIS+Raid+in+Sheraton+Hotel+Melbourne
What about ASIS? Do they miss out on the fun?
Just when you get used to Tony saying No to everything he goes and confuses you by agreeing with the Government.
quokka: there was, about the same time, also an ASIS raid on an oil rig in Bass Strait; it was an exercise in securing vital resources old chap and scared the oil rig workers witless at the time. Someone forgot to phone ahead. Or maybe they didn’t give a shit anyway. Giving these clowns more power will certainly be amusing to watch.
‘One possibility is this section is to deal with China’s rather blatant, often relatively unsophisticated, but still effective attempts at economic espionage.’
Perhaps, but what exactly would result from such a discovery? Front page outrage and the Ambassador summoned to the Lodge for a close-up view of the coals? Or a quiet chat with said Ambassador in order to plead with them to stop, or we’ll, we’ll… something.
Even more intriguing, what if the economic terrorists turned out to be Mossad or CIA? Do we put our foot down then, and what is to stop them from laughing at us?
Just hypotheticals of course. They wouldn’t do that to ‘low-hanging fruit’ like us, would they?
Similarly the concept of a foreign power has been redefined currently it applies to a foreign government an entity that is directed or controlled by a foreign government or governments or a foreign political organisation . Under the bill it will become people organisations and governments outside Australia ..That s pretty damn broad..Bascially anyone who organises in groups to campaign about political and social issues such as antiwar activists environmental activists refugee advocates anti-censorship activists anyone who communicates with others overseas to campaign against Australian government policy will be able to be targeted by ASIO under these new laws. .Crikey suggests that groups without a specific political agenda such as Wikileaks and online lulz masters Anonymous may also be targets.