Sydney Radio Segment: 16th December, 2010

A government move to increase the powers of the Security Intelligence Service in time for the Rugby World Cup has attracted some controversy this week.  A proposed law change would allow security agents to spy on foreign communications with impunity, including messages to any world leaders who will visit New Zealand for next year’s sporting spectacular.

The bill will clarify the 41-year-old law outlining how intelligence warrants can be granted. It will specify electronic tracking as well as what the SIS can target, including phones, accounts, emails, computers and IP addresses.  The proposal will effectively give the SIS legal immunity when it comes to executing international warrants, meaning that they can effectively spy on any visitor without fear of prosecution or redress.  As with the current laws governing SIS operations, the agency will be legally able to trespass on property to install spying devices.

The specific linkage of the law change to rugby has been a source of both amusement and derision.  The fact that submissions to the bill will be held in private has also attracted the ire of opposition parties and civil liberties groups.

Prime Minister John Key has claimed that “It won’t be in the public interest to have it open, for a whole bunch of reasons I don’t want to go into.”.

Mr Key said that while submitters could make their submissions public, the interchange between them and the committee members needed to be in closed session.

The Green Party said the Rugby World Cup was being used as an excuse to extend SIS powers.

“The main security problem for the World Cup will be drunken fans, which is best dealt with by restricting the supply of alcohol, not restricting our civil liberties,” said MP Keith Locke.

“It is a pity there wasn’t any advance public consultation on the proposed changes - the SIS culture of secrecy at all costs prevented this.”