About Chris Berg

Chris Berg is a Research Fellow with the Institute of Public Affairs. He is a regular columnist with the Sunday Age and Sydney Morning Herald, and ABC's The Drum, covering cultural, political and economic issues. He is an award-winning former editor of the IPA Review. His latest book is In Defence of Freedom of Speech: from Ancient Greece to Andrew Bolt. A monograph, The Growth of Australia's Regulatory State, was published in 2008. He is also the editor of 100 Great Books of Liberty (with John Roskam) published by Connor Court Publishing in 2010, and The National Curriculum: A Critique (2011).

Author Archive | Chris Berg

Two pieces on the US surveillance scandal

NSA-data-centrePhoto: The NSA’s Fort Meade headquarters

The National Security Agency surveillance keeps getting more significant. In the Australian Financial Review on Friday, the IPA’s Executive Director John Roskam said this was a watershed moment for small government:

Barack Obama could end up doing more for the cause of small government than Adam Smith, Friedrich Hayek and the Tea Party put together.

Last week’s revelations about surveillance by the United States government of the phone records of millions of Americans would have been a major story at any time. But this has a special significance because it follows in the wake of a series of scandals involving the Obama administration’s abuse of political power and the abuse of confidential information.

And in the Sunday Age this week, I argued that Australians should worry about the scandal too:

Australia has not gotten quite that bad. But every policy change goes one way – towards more state power.

The Attorney-General’s Department wants Parliament to approve a suite of new security powers. This would include a massive data retention scheme, where records of all our internet usage would be kept by internet providers just in case we are later suspected of committing a crime.

The government is not transparent about what exactly these new powers would entail, or what they are supposed to solve. We have to piece together disparate pieces of information to figure out what our own government is doing.

ASIC unrepentant about censoring the internet

In a Drum column a few weeks back I wrote about revelations that ASIC –  Australia’s corporate regulator – had taken it upon itself to censor the internet using a relatively obscure section of the Telecommunications Act, Section 313. As Renai LeMay at Delimiter puts it, this section:

is not usually used to block websites, and there appears to be no public oversight of the process which ASIC is using, no appeals mechanism, and no transparency to the public or interaction with the formal justice system.

LeMay’s post demonstrates that they’re not planning to apologise for this any time soon. Now that it’s out in the open, ASIC is aggressively defending its censorship powers – for example, in this speech here.

And we’ve since learned that ASIC hasn’t accidentally blocked 1,200 websites, no, it has accidentally blocked a quarter of a million sites.

Here’s Greens Senator Scott Ludlam’s questioning ASIC about their internet filtering in Senate Estimates committee earlier this week.

Late last year Communications Minister Stephen Conroy announced that the government was finally abandoning its internet filter. This was widely applauded. But as the IPA’s Simon Breheny said at the time, the filter hadn’t really been abandoned at all. Instead, Conroy announced he was going to use Section 313 – exactly the section ASIC has been misusing – to achieve the same goal as the filter was intended to.

ASIC is completely out of control

My ABC The Drum column this week is on the outrageous attempt by the Australian Securities and Investment Commission to censor the internet:

It’s an almost perfect illustration of regulatory mission creep.

Legislative provisions designed to only deal with the most extreme crimes are eventually used to pursue lesser offences. Given that this involved full-blown censorship – and censorship without oversight or appeal – ASIC’s actions are incredibly reckless.

Censoring the internet is a gross abuse of its status as an independent regulator.

Perhaps we could forgive an abuse of power if it was a one-time thing. But it’s part of a pattern.

Anne Twomey on the (literally) secret conditions of local government funding

anthony-albaneseThe constitutional scholar Professor Anne Twomey has a great catch in the Conversation today. The press release announcing the referendum and Anthony Albanese’s opinion piece advocating a yes vote mysteriously drops a crucial phrase currently in Section 96 of the Constitution:

the phrase “on such terms and conditions as the Parliament thinks fit” had magically disappeared.

Was it a bit of spin by a media adviser who thought it might be clever not to mention that the funding to local government would be tied up by burdensome and intrusive conditions? Or was it simply ignorance?

Read the whole thing here. This is no clerical error – it’s quite significant.

That phrase is the hook upon which all of Canberra’s tied grants hang. Omitting it from the publicity material – intentionally or accidentally – hides the fact that any funding sent from the Commonwealth to local governments is inevitably going to come with conditions and requirements. And those conditions are going to increase Canberra control over councils. As Anne Twomey writes:

A mistake in a press release is one thing, but when the minister repeats the omission in his own opinion piece, then one really has to wonder exactly how much attention has been paid to this proposal and whether the ministers involved really know what they are doing.

Local government on Counterpoint

On ABC Radio National’s Counterpoint yesterday, I spoke with Amanda Vanstone  about the dangerous local government referendum:

A ‘yes’ vote would guarantee the federal government’s ability to directly fund local government projects such as the Roads to Recovery program, and services such as childcare, sporting fields, swimming pools and local libraries. That sounds simple enough but what does it really mean?

Bad in the short term, worse in the long term

In the Australian Financial Review today, IPA Executive Director John Roskam talks about the short and long term consequences of the local government referendum:

The referendum should be receiving more attention than it has so far. As soon as the Prime Minister said the proposal was “modest” (as she said twice), warning bells should have started ringing. Whenever a politician talks about a modest change the chances are the change is anything but.

Read the whole thing here.

Local government referendum is a Canberra grab for power

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Last week Prime Minister Julia Gillard announced a referendum on September 14 on whether to recognise local government in the Australian Constitution. Continue Reading →

The local government referendum is worse than you think

My Sunday Age column this week discusses what’s really going on with the local government referendum:

Don’t listen to what Canberra says. The local government referendum has nothing to do with local communities or anything like that. It’s a power play – part of a long-running campaign by the Commonwealth to free its spending decisions from parliamentary scrutiny and undermine the states.

The real story is the terrible Financial Framework Legislation Amendment Bill (No 3) 2012, passed by parliament in June. Read the whole column to find out why. The IPA is the only organisation talking about how bad this obscurely titled bill is. Legal Rights Project Director Simon Breheny wrote this piece about the bill when it was first passed.