Recently a member of AWSM conducted the following interview with Thomas Beagle, of Tech Liberty, who work on issues relating to copyright and other IT related civil liberties issues.
What is your personal background?
My name is Thomas Beagle, I was born in New Zealand and have lived here for most of my life. I’ve been fascinated by computers since I was a kid and most of my working life has been spent in the information technology field and I currently work as a systems administrator in Wellington.
Politically speaking I started as a libertarian (Robert Heinlein blighted many young readers of science fiction) but then I decided that not only did I not like libertarians, but that their views on how people should behave seemed fairly divorced from reality. These days I struggle to define myself - I like markets and individualism but support a strong social safety net and increased equality through redistribution. I am also a strong supporter of democracy and democratic society, thus my interest in civil liberties.
What is the purpose of Tech Liberty?
Tech Liberty is a response to a general problem that is exemplified by: a) the original rewrite of section 92A of the Copyright Act that implemented a “guilt upon accusation” regime, and b) the government’s decision to quietly implement internet censorship.
We saw that people were writing laws to deal with the problems of new technology in which they discarded important civil liberties such as the right to due process and freedom of speech for the sake of expediency. Thus Tech Liberty’s purpose is “defending civil liberties for the digital age”.
Currently we’re a collective although we’re looking at becoming a membership organisation.
What are the origins/history of the Search and Surveillance Bill?
The Search & Surveillance Bill came from the Law Commission’s report on search and surveillance laws. They correctly observed that New Zealand’s laws were confusing, inconsistent and technologically out of date. Their recommendation was to write an overarching law that would set common standards for the use and monitoring of search and surveillance powers. Unfortunately the resulting bill went too far, ignoring whether these powers should exist and extending them from one organisation to another solely for the sake of consistency.
How have people reacted to your campaign so far?
A large number of organisations and people made submissions against the bill, including the Privacy Commissioner, the Human Rights Commissioner, law firms, the New Zealand Council for Civil Liberties and a host of others. When approached, most people have opposed it - no one sees the need for city councils to ever be able to get a warrant to put a secret video camera in your house, for example.
What tactics can be used to stop the Bill? Can it be stopped?
The protest so far has resulted in the Select Committee report being delayed and now the bill has been sent back to be redrafted. I believe that this is a victory for everyone who protested and submitted about the bill. The real test will be what comes out of the redrafting process - will it be the originally intended technical rewrite of existing law or the gross extension of state powers?
If it’s the second we’re going to have a fight on our hands, especially considering that the two major parties have no interest in civil liberties and are continually trying to outbid each other when it comes to “being tough on crime”. I believe it’s going to be important to fight on both the intellectual front (submissions, position papers, etc) and the popular front (demonstrations, petitions, etc). I like to think that New Zealanders have a visceral dislike of snooping and we’re going to have to tap into that.
What do you see as the longer term consequences for society if the Bill passes into law?
The draft bill was a major extension of state power and moved New Zealand one step closer to being a police state. I don’t believe we want to live like that, with the feeling that you could be being watched and monitored at any time, even in your own home. We know that governments inevitably abuse the powers they do get, so it’s important to only give them the very minimum necessary.
On the wider front, technology is already eroding our privacy in a number of ways because data is now so much easier to collect and process. We should be looking at strengthening the laws that protect us from invasions of privacy, not eroding them further.