[LINK] It's Queensland - (sorry to Qlders)

Wed May 18 20:06:55 AEST 2011

On 18/05/11 6:06 PM, David Goldstein wrote:
> What's your source for "crime is on the way down" Tom?
Well, the NSW Bureau of Crime Statistics would actually agree.

Over five years, property offenses down, violent crime stable, net 
effect: "crime down".

http://www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/NSWRecordedCrimeStatisticsDec2010.pdf/$file/NSWRecordedCrimeStatisticsDec2010.pdf

Actually, that's quite startling: stable and falling crime figures in 
the presence of a rising population *and* a financial downturn.

Tom's right on this point, and I need to find a crow to eat.

Mirrored in Queensland, as Irene noted.

RC
>
> ----- Original Message -----
>> From: Tom Koltai<tomk at unwired.com.au>
>> To: link at anu.edu.au
>> Cc:
>> Sent: Wednesday, 18 May 2011 5:38 PM
>> Subject: Re: [LINK] It's Queensland - (sorry to Qlders)
>>
>>
>>
>>>   -----Original Message-----
>>>   From: link-bounces at mailman.anu.edu.au
>>>   [mailto:link-bounces at mailman.anu.edu.au] On Behalf Of Ash Nallawalla
>>>   Sent: Wednesday, 18 May 2011 3:29 PM
>>>   To: link at anu.edu.au
>>>   Subject: Re: [LINK] It's Queensland - (sorry to Qlders)
>>>
>>>
>>>   If the Queensland Police continue to think in that vein, then
>>>   anyone watching a YouTube video taken from a copyright source
>>>   is likely to be arrested. They should be cutting their teeth
>>>   checking out the $5 big-brand software sold at swap meets
>>>   across the country, where the buyers are "knowingly"
>>>   receiving stolen goods.
>>>
>>>   Ash
>>>
>> <SNIP>
>> The social networking, IM and global aspect of the internet combined, is
>> in fact reducing crimes against persons, and crimes against property.
>> Crime is on the way down. Unless the Police find new crimes to
>> prosecute, they'll be out of business. Therefore even if they don't find
>> Ben Grubb guilty of anything, there will be a precedent somewhere in
>> there that they can use elsewhere to justify increases in funding and
>> expansion of powers.
>>
>> This is the truism first defined by Darwin.
>> Police forces are no different to any other organism.
>> They have to survive and grow, or else shrivel and die.
>> Whilst we are at the moment experiencing a dramatic drop in the actual
>> real crime... There is a valid argument that unless Police can be
>> integrated into the new IT economy they will not be there when actually
>> needed.
>>
>> In 2009, QLD police were involved in training on P2P interception
>> methods [TOR/Onion] with the FBI in an attempt to be able to track
>> undesirables. Unless we allow themn to play with journalists and
>> Facebook privacy, they'll want to play with other toys like AUSCERT.
>> Actually, there is an argument that a new breed of policeman needs to be
>> trained in IT.
>> The policeman that won't stand by idly when a pishing attack is
>> occurring, or when questionable content is discovered and reported by a
>> member of the public.
>>
>> I think Ben is the "lucky" chosen one because his case, as ridiculous
>> as
>> it is will obtain a ton of publicity resulting in eventual retasking
>> requiring training and additional funding.
>>
>> The case may also force policy makers to address such issues as Facebook
>> Servers located overseas and breach of privacy (threat) to Australian
>> nationals caused by persons or organisations not resident in Australia.
>>
>> The concept of "stealing" a photo that was posted to a Facebook
>> account
>> is fascinating. Zuckerberg has about faced a number of times on Privacy
>> issues and Private Friends Only flag has been treated rather
>> haphazardly, therefore I would suggest that Ben's defence would be that
>> at some time in the past all Facebook content was in the Public Domain
>> and that Mark Zuckerberg is at fault.
>>
>> On that basis, I guess it would then be incumbent on the QLD police to
>> obtain a determination through proceedings in a court. [See  55A below.]
>> Which of course may even result in a penalty of some sort for Mark
>> Zuckerberg for breaching the provisions of the privacy act.
>>
>> http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/
>> Quote/
>> PART III--INFORMATION PRIVACY
>> 13.     Interferences with privacy 
>> 13A.    Interferences with privacy by organisations 
>> 13B.    Related bodies corporate
>> 13D.    Overseas act required by foreign law 
>>
>> And
>>
>> Division 3--Enforcement
>>
>> 54.     Application of Division 
>> 55.     Obligations of respondent organisation 
>> 55A.    Proceedings in the Federal Court or Federal Magistrates Court to
>> enforce a determination 
>>
>> And
>>
>> PART VI--PUBLIC INTEREST DETERMINATIONS AND TEMPORARY PUBLIC INTEREST
>> DETERMINATIONS
>>
>> Division 1--Public interest determinations
>>
>> 71.     Interpretation 
>> 72.     Power to make, and effect of, determinations 
>> 73.     Application by agency or organisation 
>> /Quote
>> And
>>
>> http://www.alrc.gov.au/publications/59.%20Access%20and%20Correction,%20C
>> omplaint%20Handling%20and%20Penalties/penalties
>> Quote/
>> Discussion Paper proposals
>>
>> 59.165 In DP 72, the ALRC proposed that the Privacy Act be amended to
>> allow a civil penalty to be imposed where there is a serious or repeated
>> interference with the privacy of an individual. The ALRC also proposed
>> that the OPC develop and publish enforcement guidelines setting out the
>> criteria upon which a decision to pursue a civil penalty is made.[194]
>> ...
>>
>> 59.171 The ALRC understands that no prosecutions have ever been launched
>> under the credit reporting offence provisions. At least some of the
>> relevant conduct is covered, in any case, by other offences under
>> Commonwealth legislation. The Criminal Code, for example, creates an
>> offence in respect to unauthorised access to, or modification of, data
>> held in a computer to which access is restricted.[201]
>>
>> 59.172 Since the enactment of the credit reporting provisions, civil
>> penalty regimes have become a more common means to enforce consumer
>> protection laws including, for example, under the financial services
>> civil penalty provisions of the Corporations Act[202] and the uniform
>> Consumer Credit Code.[203] The ALRC considers that a civil penalty
>> regime is a more appropriate enforcement mechanism for breaches of
>> credit reporting regulation than the suite of criminal offences
>> currently provided for in the Act.
>>
>> 59.173 In Chapter 54, the ALRC recommends that credit reporting agencies
>> and credit providers, in consultation with consumer groups and
>> regulators, including the OPC, develop a credit reporting code.[204] It
>> may be desirable for this code to provide for penalties, imposed by
>> contract, for breach of the regulations or the code itself. Sanctions
>> for non-compliance, such as suspension or expulsion from the credit
>> reporting system, may raise competition issues and require authorisation
>> by the Australian Competition and Consumer Commission.
>>
>> Recommendation 59-9 The Privacy Act should be amended to remove the
>> credit reporting offences and allow a civil penalty to be imposed as
>> provided for by Recommendation 50-2. /Quote
>>
>> An intereseting precedent creating incident.
>>
>> /body
>>
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