If lawyers don’t understand the law…
Then it’s a bad law. Who does John Key think is going to interpret the GCSB law other than lawyers from the Law Commission, the Human Rights Tribunal, the Privacy Commissioner etc?
Social issues
law
Bad law making – GCSB Bill
Grant Robertson & David Cunliffe explain how the GCSB Bill is bad law (especially section 8 & related sections). It doesn’t provide adequate oversight or safeguards against the wholesale spying on New Zealanders. A clarifying statement from the PM is not good law. Andrea Vance demystifies the Bill.
RIP Groklaw
Groklaw has been an inspirational blog for many with an interest in geekery or the law. I read it daily during the years of the SCO trial. PJ and her team were and are amazing. But now it’s over. Killed by the death of privacy, and the world that the Key-Dunne spying bill is bringing ever closer to NZ.
John Key – GCSB fool (or liar)
On Campbell Live, and on other occasions, John Key has claimed that critics of the GCSB spying bill were all wrong. The Human Rights Commission – wrong. The Law Society – wrong. The Privacy Commissioner – wrong. Dame Anne Salmond – wrong. Everyone else wrong – only he – John Key – and his secret advisors were right, and we the sheeple have nothing to fear.
Now in a stunning embarrassment it is Key that has had to admit that he was wrong. Or a liar.
Tech Liberty on GCSB Bill
Thomas Beagle at Tech Liberty has done a great job at presenting the technicalities of the Key-Dunne GCSB spying bill – see for example: “Does the new GCSB Bill give them the power to spy on New Zealanders?”. (Spoiler Alert! The answer is Yes.)
Law Society – GCSB Bill still flawed
A timely press release from the Law Society. The revisions to the GCSB Bill “do not address the fundamental flaws in the bill and the legislation should not proceed”. Peter Dunne, your last fig-leaf is ripped away. Please do not vote for this travesty.
Privacy tools
It looks like privacy is going to be an increasingly rare commodity in the brave new world. Want to protect yours? Here are some tools.
Spying against the law? Whatever…
Key’s enquiry into the GCSB report leak appears to have broken the law. He doesn’t give a damn. What a clear and timely example of exactly why Key and the GCSB can’t be trusted with further powers. “Nothing to hide nothing to fear” my arse.
GCSB Bill – for shame
The Law Society is not exactly a hotbed of leftie activism. So the supporters of this appallingly arrogant government should sit up and take notice when they speak out as clearly as this against the GCSB spying bill. Two faced Key is simultaneously claiming that the current law is both unclear and “very clear”. He needs to be called out on it.
How to spot fascism
This. This is fascism. Giving spies the powers that they have in the States could prevent the kind of terrorism that just happened … in the States. The fascist author of this piece that the Herald disgracefully published even wrote: “if you have nothing to hide from the GCSB, then you have nothing to fear.” Do people actually say that and mean it? Yes, fascists do.
Police actions unlawful
The report on the Urewera raids from the Independent Police Complaints Authority is (unlike some other reports we could mention) certainly no whitewash.
Then why don’t you release the advice John?
A legal expert has raised the alarm over the Nats’ latest outbreak of constitutional arrogance. So too has the Attorney General, and the media. Key says it’s all OK (of course), but why should anyone believe him when his government won’t release the advice that it has received?
Dim-Post on two comparisons
Danyl at Dim-Post on the strangely muted media response to the GCSB spying legislation, the witch-hunt against NZ Power, and more. Plus – check out Danyl’s (first) book – looks like a treat in store…
Banks to stand again
John Banks has announced that he will stand in Epsom again at the next election. That is, of course, always assuming that he doesn’t get chucked out of Parliament first.
NRT: The spy bill
The new GCSB spy bill is out. For the short version, as @lyndonhood commented: “Admittedly it will be easier for the GCSB to act within their legal boundaries if they don’t have any”. For the long version see the excellent I/S at No Right Turn…
Epsom by election?
John Banks is in court to answer allegations over his Dotcom donations and electoral returns. If convicted he loses his seat. How would an Epsom by election play out?
NRT: “The worst of the worst”
I/S at No Right Turn on the difference between what was promised of the “3 strikes” law and the way it is being used in practice.
On the new spy laws
An Otago University academic and expert on computer security speaks out about the proposed new spy laws: “Surveilling the innocent – is that what we do to protect anyone or is that what we do in totalitarian society?”…
Seeking a wormald to the truth
Dotcom has promised some significant revelations from this week’s court proceedings. This morning his lawyer focused on Grant Wormald, the role of the police Special Tactics Group, and the truth. Is the GCSB is off the hook? Meanwhile, Key has been claiming he is “honest and upfront”. [Update – Key’s announced changes to the GCSB outrageous & undemocratic]
Key’s Nixon moment
Nixon famously said: “When the president does it, that means that it is not illegal”. John Key would have you believe the same thing, that when his agency, the GCSB, has been breaking the law, the problem lies with the law. No – the problem lies with the GCSB and its oversight. Watergate here we come…
Falling crime
Falling crime is good news – but the reasons are probably not the ones that occupy most of the politicians and the commentary.
NRT: Was Devoy’s appointment unlawful?
No Right Turn asked an interesting question yesterday about how the appointment of Susan Devoy was made.
..it is highly doubtful that Devoy meets that statutory criteria for the office she has been appointed to. The advice on her appointment should make very interesting reading…
Boot camps
We knew from overseas that military-style boot camps are expensive, don’t reduce recidivism, and breed sadistic violence towards inmates. It’s not just overseas experience; these were all reasons we got rid of borstals. National knew this when they introduced boot camps but they did it anyway for the populism. Now, boot camps have failed again, can we stop this stupidity?
Economic crime
White collar crime – fraud and tax evasion – is in the news again with a new report on the impact. The costs are estimated as several Billion per year. Meanwhile the Nats put all their energy into demonising and chasing $22 Million in welfare fraud.
Save the Family Court
The Government’s Family Court Proceedings Reform Bill is receiving submissions until this Wednesday, 13 February. This Bill needs drastic alteration, as it puts the Family Court out of financial reach of many of those who most need it, reduces needed rights to legal representation, and forces those who’ve been experiencing violence into inappropriate mediation as it’s cheaper. Best we all submit against it…
Bain files against Collins
David Bain has filed a claim against Judith Collins. Here’s The Herald’s / APNZ quick announcement.
Campbell on Collins
Gordon Campbell on Judith Collins and the Binnie report (go read the full article on Scoop). “This is banana republic stuff from Collins”…
Banks private prosecution begins
The hearing into the private prosecution of John Banks over his ‘anonymous’ mayoral donations begins today. That the private prosecution has got this far shows the judge believes there is a prima facie case – which puts the Police to shame for failing to take Banks to court. Banks is trying to avoid taking the stand, but I don’t see how he ultimately can.
Collins folds
And so Collins’ “defamation” case against Mallard and Little ends, not with a bang, but a whimper.
Oops – doubled up posting with Eddie – read both posts!
Who guards the guardians?
It is poor timing for an extension of surveillance powers. Cases where the police have flouted the law have been coming thick and fast recently. Without Ministerial oversight it has been up to the courts to provide balance, but that’s a method of last resort, and very much an ambulance at the bottom of the cliff.
Tax fraud, benefit fraud, proportional response
A Victoria University study shows that tax evasion is costing the country at least 25 times what welfare fraud is costing, while welfare fraud is punished more harshly in court.
Will Key read the GCSB report?
Key has said we all have to wait and see what is in the Neazor Report on the GCSB spies’ illegal spying on Kim Dotcom.* He won’t even answer basic questions like: ‘what section of the law did the GCSB breach?’ Funny that Key’s so keen for us to wait to read this report. But will he read it? Or will it be like the Banks Police Report, which he won’t read? And when will anyone get to read Banks’ statement?
Sunday Reading
My regular Sunday piece of interesting, longer, deeper stories I found during the week. It’s also a chance for you to share what you found this week too. This week: torture, charter schools, economics and development.
Greenpeace – working for others.
Greenpeace has a case in front of the Court of Appeal today. It is going to be important for any number of small charities who do some advocacy work that may be considered to be ‘political’.
But Greenpeace deserves a resounding cheer for taking this case when it is far more important to other advocates from poverty groups to churches to climate deniers than it is to themselves.
Collins’ Bennett problem
I look forward to Trevor Mallard and Andrew Little calling Paula Bennett as a witness in their defamation suit with Judith Collins. Bennett openly admits doing what Collins has sued Mallard and Little for accusing her of doing: using ministerial powers to leak the private details of a political opponent. Bennett even says she’ll do it again. She obviously doesn’t see doing it as hurting her reputation.
NRT: An admission
Idiot/Savant at NRT on the need to reform the Terrorism Suppression Act.