The dangers of a bad process are especially high because, as just one part of a recent torrent of anti-terrorism legislation, it is easy for bad legislation such as this to slip by unnoticed and unamended.
Protecting national security and investigating serious crime are important goals. However, we must be careful that in developing a legal response we do not lose sight of the rights and freedoms we are trying to protect. We should ensure that, where the government is to gain intrusive new powers over our privacy, these powers are balanced and go no further than is needed.
This Bill for surveillance powers over emails and SMSs goes too far. It contains more power than is needed over too broad a range of innocent communications and contains too few safeguards.
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The government should go back to the drawing board to come up with a better proposal.
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About the Authors
George Williams is the Anthony Mason Professor of law and Foundation Director of the Gilbert + Tobin Centre of Public Law at the University of New South Wales.
David Hume is currently an intern at the Gilbert + Tobin Centre of Public Law, completing his final year of an Arts(Hons)/LLB at the University of New South Wales. In 2007, he will work as the Associate to Chief Justice Murray Gleeson. Previously, he has been awarded the UNSW University Medal in Philosophy and has been the President of the University Union.