Pixelated Semantics


A schizotypical inventory


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September 08, 2005

The right to not have rights

Man of Steel has announced new 'anti-terror laws' that he freely admits '...are overwhelming [sic] essential, but they on their own cannot guarantee this country will not be the subject of a terrorist attack'.

The proposed laws also have no sunset clause - they are permanent. They are also likely to have major impact on society and civil liberties (including a national CCTV surveillance network - the very definition of 'Big Brother').

Again the premise is 'the right of the community to be protected' - the inevitable sequel to the campaign waged through the media to drive the sense of fear in the community into demands for 'protection'. The argument that

'...the doubts about civil liberties of a person who's being photographed on a CCTV camera ... or a person who has made a phone call to another person are small civil liberties in comparison with the overall civil liberty of the right not to be blown up'
is being used liberally both in Australia and the UK, and is laden with presumption ('small civil liberties') and hyperbole ('the right not to be blown up'). The proposed laws will enable far-reaching search and questioning powers for police at 'places of mass gatherings' - which would by definition include rock concerts (such as Big Day Out), schools, bars, in fact practically anywhere that Australians gather. In effect, this is the wholesale removal of the presumption of innocence, a measure for which there is clearly no mandate, and one which cannot and will not prevent attacks, but will instead give comfort to a largely notional 'enemy' by the destruction of civil liberties in the face of political pressure.

The proposal that "ASIO powers to record people's movements and conversations would be extended" is stunningly understated: note a key word used is 'people' and not 'suspects', implying a blanket ability to target any citizen regardless of suspicion, and with the assumption that the complete removal of the right to privacy and the presumption of innocence is somehow not the creation of a police state: it effectively makes everyone a suspect, subject to politicised laws, all the time.

Note: The proposed "anti-terror" laws have been greeted with a great deal of scepticism and alarm following the announcement.

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