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Police State grows: the new Search and Surveillance law

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Many of you may have heard discussion of the Search and Surveillance bill before parliament now. The text below is an overview of the bill that appeared in the October 15th Solidarity newsletter late last year.

The Search and Surveillance Powers Bill bill is the result of a report by the law commission who spent 5 years on the subject. It includes a number of changes to police powers that affect our lives, although few of them are really new. When Police Minister Annette King tabled the bill she said: “The law has failed to keep pace with technology”, referring to things like tracking and surveillance devices. She’s right in that so far the law didn’t always specify in how far bugging was subject to warrants, or it was inconsistent - the result is a law that streamlines this, giving the police blanket powers to install bugging devices. Everything else would obviously be too difficult for the police to handle. On the other hand, the inconsistencies in the old law haven’t stopped the police from mounting over 120 electronic monitoring operations during the past four years.

Similar streamlining will happen with electronic documents. For written documents, a search warrant would be issued for one particular type of document, e.g. financial records, and the police would only be allowed to seize those. In the case of electronic documents, however, the whole disk or computer can be seized, including completely unrelated documents.

What Annette King really means is that the law has failed to keep pace with police practice. For example, the new law gives police the power to enter premises and vehicles for the purposes of installing, maintaining or removing surveillance devices. During Operation 8 (and I’m sure for a lot of other past and present operations), a number of vehicles and homes were entered and bugged - regardless of police powers. Police will now need “reasonable grounds to believe that the evidence sought is in the place to be searched”. This doesn’t sound any different from the way thousands of homes have been searched in the past.

One of the things that is actually new - and worrying - is the fact that police no longer require a warrant to install surveillance equipment in public areas, including public parts of buildings.  This means if the police are interested in seeing who enters the local post office they can install cameras there without having to worry about getting a warrant.

Not that obtaining a warrant has ever been a problem for the police, and it will be even less of a problem now. In the past warrants could only be issued by judges, JPs or registrars. Now they can also be issued by “other appropriate qualified and experienced people” - including police officers. And warrants can now be obtained electronically, i.e. no signature will be required.

New are also “plain view” seizures. This refers to things that the cops can confiscate while they are officially searching for something else. This gives the police power to go on fishing expeditions, where they enter someone’s house on the grounds of looking for one thing and then seize any number of totally unrelated items, just because they look interesting to them.

In addition to all this, the Serious Fraud Office (SFO) is being wound up and its tasks transferred to the newly created Organised and Financial Crime Agency of the police. This is relevant with regards to examination powers. As it is now, only the SFO (and the courts) can force people to make a statement. The police currently do not have that power (although they like to act as if they do). With the police taking over from the SFO, these examination powers are also transferred to them, albeit subject to special conditions.

The new Search and Surveillance Powers Bill will also effect other legislation - over 50 acts in total will be amended as a result, including the Boxing and Wrestling Act 1981, the International War Crimes Tribunals Act 1995 and the Wine Act 2003, just to pick a few examples.

The text of the Bill can be found at:

http://legislation.govt.nz/bill/government/2009/0045-1/latest/versions.aspx

Comments

 Will be used in combination

 Will be used in combination with the bogus World Dictatorship's Climate Laws to enable easy financial penalties being dealt out to the population both electronically and by power trip types in official roles.

Enforcing Climate Laws?

Kia ora 'How to Make People Miserable'

 

Climate laws will target large business and government operations that are polluting the planet for power and profit. If you are claiming they will be used against individuals in their homes, community gathering places, and public space in general, as the search and surveillance powers described above will be, I'd like to see some evidence, or at least a plausible argument supporting this claim.

 

Cheers

Strypes

 Some evidence....   America,

 Some evidence....

  America, Scotland, part of Australia where the police were complaining because they are given the responsibility to fine people while already being over-streched and anywhere else where climate laws are being thrust on a population.

 I'd like to see 'some' evidence that refutes the all the reasons for the dissent against Global Warming...including one of Al Gore's main scientists who has denounced it.

 

 But that's the thing, why should people be required to convince YOU and people like you in order to stop being subjugated to your 'truths' about what's best for the environment and everyone else, just because that's what a particular power structure has planned for everyones own good??????????????????????????

 This is called Democracy but it isn't. Democracy can only work based on co-operative freedom. FREEDOM doesn't subjugate others.

What are people doing to stop

What are people doing to stop this unjust law?

What is needed perhaps is a

What is needed perhaps is a discussion, or discussions, or perhaps a website that specialises in diseminating effective techniques of how to defeat police state surveillance operational techniques. Analyse past police operations and discuss ways and techniques to defeat them from the get go.

irevolution.wordpress.com/200

irevolution.wordpress.com/2009/06/15/digital-security/

Thats a good start, but also

Thats a good start, but also need to look at real world stuff to like to have an up to date account of police operations tactics, also covering defeating audio surveillance, defeating video surveillance, unbugging vehicles, defeating GPS tracking, VHF/UHF tracking, thermal imaging/forward looking radar (FLIR), ultra wide band pulse radar, through to spotting police operations, identifying undercover operatives, plain clothed cops, unmarked cars etc etc.

Dont Play Their Game

Sure there are times when certain people need to be really bloody careful and aware they are under surveillance. To focus our time and energy on police surveillance is a major distraction from the actual battles we are fighting and contributes to an inwards focused paranoid view of the world. Defeating Thermal Imaging????? what planet are you on? Sure they may use these technologys but I see no long term benefit in teaching all the activists out their in countersurveillance.

The best defence we have is to build strong movements which have a broad base of support in civil society. The police will always be able to bring petty charges against us and will always take whatever oppurtunity they can to spy on us and harass us. By becoming inwards focused and alienated from broad based movements we isolate ourselves and make us vulnerable to attacks from the state.

Have your thermal imaging training if you want but I'm more interested in building a strong open movement.

I'll put my comment more

I'll put my comment more bluntly (pun intended): I'm sick of sheep blindly accepting the creeping fascism of this government and the loss of civil liberties that are occurring - we should be out on the streets in numbers fighting for our freedom. When NZ is a police state, which will be soon if Crusher Collins has her way, moaning and bleeting about how bad things are, and that all your friends and family are in prison (or worse) will be futile.

I am not particularly

I am not particularly interested in building a movement so I also see no long term benefits in teaching all activists about this stuff, my interest is in providing information to any New Zealander that so wished to learn about the police state they now live in, and how to defeat its surveillance techniques for which they will be now caught up in by proxy of living in a police state.

This is since there has been a seismic shift by the police away from criminal investigation where the criminal is found from investigating the crime scene backward to find the criminal, to surveillance and intelligence investigations where normal law abiding citizens are now surveilled en mass as a numbers game in order to detect criminal activities of a few included in that your activist activities which are also seen as criminal by the police.

Case in point were the 10,000 or so Trademe accounts investigated by police intelligence under the guise of search for terrorist activity on Trademe following the 2007 terror raids. In that case there had been no terrorist crime committed but the police intelligence groups were trying to create the belief that there was, in doing so thousands of New Zealanders private business became subject to the prying eyes of 'terrorist hunters'.

You make lite the issue of thermal imaging when at this time the Christchurch city council is planning on taking thermal scans of all houses in Christchurch using the premise that they are investigating houses with bad insulation, however the police have also requested a copy of the thermal images for their own investigation. Once this takes place in Christchurch it will only be a matter of time before all major cities councils embark on the same exercise. The police love this stuff because it would be impossible for them to get that many search and surveillance warrants to carry it out themselves, and these councils are doing that task for them.

So the point of this is not about creating paranoia or inward based training as you have belittled it as, but it is real shit that is happening and people need the opportunity to not be including in these new sweeping surveillance operations should they choose to by providing first the detailed description of the types of police surveillance and some simple steps and not so simple steps to defeat them.

Right on! and if your

Right on!

 

and if your interested in more info on surveillence techniques, including FLIR, and the scope of those techniques as used in the hunt for so called criminals, as well as other interesting insights into surveillence, albeit from an american source but still applicabe here in so many ways, check out a doco made by ex top narcotics agent now pro pot 'activist' barry cooper called 'never get busted again'

not just for pot schmokers, can found for downloading for free too :)

 

 

 

 

Hear, hear!

Hear, hear!