About Simon Breheny

Simon Breheny is Director of the Legal Rights Project at the Institute of Public Affairs. Simon has been published in the Australian, the Sydney Morning Herald, the Herald Sun, the Punch and the Canberra Times and is regularly interviewed on radio in relation to legal rights and rule of law issues. He also recently appeared before the Parliamentary Joint Committee on Intelligence and Security to give evidence on the government’s contentious data retention proposal. Simon is currently completing a Bachelor of Arts/Bachelor of Laws at the University of Melbourne. While completing his studies, Simon was elected President of the Melbourne University Law Students’ Society and appointed Vice-President of the Victorian Council of Law Students’ Societies.

Author Archive | Simon Breheny

NSA surveillance causes Cato confusion

Julian Sanchez at the Cato Institute has written an excellent response to his colleagues Roger Pilon and Richard Epstein after they wrote an op ed for the Chicago Tribune in which they defend the NSA’s surveillance program.

Sanchez argues:

…the appropriate question is whether the creation of a system of surveillance perilously alters that balance too far in the direction of government control, whether or not we have problems with the current use of that system. We might imagine a system of compulsory cameras installed in homes, activated only by warrant, being used with scrupulous respect for the law over many years. The problem is that such an architecture of surveillance, once established, would be difficult to dismantle, and prove too potent a tool of control if it ever fell into the hands of people who—whether through panic, malice, or a misguided confidence in their own ability to secretly judge the public good—would seek to use it against us.

While I hold much of Epstein’s and Pilon’s work in high regard, I believe both their research and their reasoning in this case to be faulty, and hope they will reconsider their position on this important issue. If they remain unpersuaded, then I at least hope that readers who look to Cato for guidance on these questions will recognize that theirs is not the position held by all—or, indeed, most—Cato scholars.

The piece is well worth a read.

 

LISTEN: Radio interview on data retention

I was interviewed by SBS Radio last week in relation to the surveillance scandal currently playing out in the United States.

I made the point that the problems that have arisen in the US are the same as those that will arise in Australia if the government is successful in its push for a mandatory data retention regime.

Listen to the full podcast here.

EXCLUSIVE: Abbott tells Gillard equal funding essential

The IPA has obtained a copy of a letter from Opposition Leader Tony Abbott to Prime Minister Julia Gillard in which he voices Coalition concerns about the government’s attempts to rig the result of the referendum on constitutional recognition of local government. The letter is exclusively available here for FreedomWatch readers. It follows the government’s announcement yesterday that the ‘yes’ case will receive $10 million in taxpayer funding, while the ‘no’ case will receive just $500,000. Abbott explains in his letter:

The Coalition believes it is not up to the Government of the day to pre-determine the outcome of any referendum question: a referendum is a decision for the Australian people to make. By funding one side over the other by a factor of 20, the government looks like it’s trying to buy the result it wants.

Anything less than equal funding for the ‘yes’ and ‘no’ cases puts at risk the fairness of the process.

The Opposition Leader’s response to the government’s outrageous attempt to rig the result of this referendum is a step in the right direction. But the Coalition should go one step further and immediately withdraw support for the local government referendum in light of this assault on the democratic process. Supporting the referendum would make Abbott complicit in the government’s attempt to rig the vote.

Human rights commission is a free speech deserter

Former human rights commissioner Sev Ozdowski has criticised the Australian Human Rights Commission in The Australian today for going missing in action on human rights:

Australia’s first Human Rights Commission was created by the Fraser government, with its initial function arising from the International Covenant on Civil and Political Rights. The five pieces of legislation focusing on egalitarian rights were added later. Despite its origins, our commission is missing in action when important civil liberties are under threat. Consider the 2011 prosecution of Andrew Bolt under the Racial Discrimination Act over an article he wrote about access to grants reserved for Aboriginal Australians. Given the significance of the case, one would assume that the Human Rights Commission would be interested in how the court interpreted the legislation, and would wish to assist with specialist advice. The case certainly met the commission’s own amicus curiae guidelines, yet they made no representations to the court.

The Human Rights Commission was also quiet when former attorney-general Nicola Roxon wanted to outlaw, as discrimination, any actions or words which have made others feel offended, and proposed shifting the burden of proof in discrimination cases from the accuser to the accused. It required former Whitlam adviser and former NSW chief justice James Spigelman to remind the commission in his Human Rights Day oration that “the freedom to offend is an integral component of freedom of speech”, and that “there is no right not to be offended”.

I agree. And that’s why I’ve called for the abolition of the Australian Human Rights Commission.

Only 29% of Australians think political parties should be taxpayer funded

Recently we highlighted the dangerous proposal to give political parties more taxpayer dollars.

The proposal was abandoned once details become public and now we know why: only 29% of Australians support public funding of political parties.

The polling, conducted by Essential Vision, also shows that 47% of respondents – a plurality – think political parties should be entirely funded by voluntary donations. Among Coalition voters that figure was even higher at 53%.

Those most likely to support taxpayer funding of political parties are Greens voters (51%).

You can see the full results here.

US surveillance scandal is a warning to Australia

freedomwatchONLINE-EMAILbannerLast week we discovered that US security and intelligence agencies are collecting data on Americans. It’s one of the biggest privacy scandals we’ve ever seen. American lawyer and radio show host Mark Levin said it reveals “elements of a police state“. There has also been criticism of similar snooping programs in the UK.

Continue Reading →

US surveillance scandal a warning against Gillard government data retention proposal

media-release-web

“The extraordinary surveillance program by the United States government revealed last week is a warning against the dangers of the Gillard government’s proposed data retention laws,” said Simon Breheny, director of the Legal Rights Project at free market think tank the Institute of Public Affairs.

US national security and law enforcement agencies have obtained access to the data of those who use services provided by Microsoft, Yahoo!, Google, Facebook, PalTalk, YouTube, Skype, AOL and Apple.

The data collected includes source and destination email addresses, communication times, location information and IP addresses.

“This is exactly the sort of data that the Gillard government wants to force Australian internet service providers to collect and store on all their customers,” said Mr Breheny.

The IPA has consistently argued against the Gillard government’s plan to force ISPs to store information on the online habits of every Australian internet user.

Mr Breheny told the Parliamentary Joint Committee on Intelligence and Security’s inquiry into National Security Legislation that data retention “is completely lacking in proportionality, undermines basic freedoms and is in fundamental conflict with a right to privacy.”

“The Australian government and opposition should abandon any attempt to implement mandatory data retention to avoid a similar privacy crisis as is being seen in America,” said Mr Breheny.

For more information visit: freedomwatch.ipa.org.au

For media and comment: Simon Breheny, Director, Legal Rights Project, 0400 967 382, sbreheny@ipa.org.au

Mark Levin: US has the “elements of a police state”

American lawyer and radio show host Mark Levin gave a hard-hitting critique of the US government spying program in an interview with Fox News’ Neil Cavuto last week:

The Department of Homeland Security now is checking laptops and iPhones and other data, making copies of it and keeping it, and now we have this. And some of my brothers and sisters in law enforcement, prosecutors, are saying, ‘Look, look, this is permitted. We need to be able to go through and match —’ wait a minute. You don’t throw a whole net on the entire country and everybody’s phone numbers and check the duration and see if you can come up with some overlaps. That’s not law enforcement. That’s not how national security works. I don’t care what the hell the Supreme Court said 30 years ago or what some judge said 15 minutes ago. This is America, and our government is collecting way too damn much data on we the private citizen.

I think people had better wake the hell up and understand something. That we are not a constitutional republic anymore. I don’t know what we are. I’m not saying we’re the most oppressive regime on the face of the earth either, but we are not a constitutional republic anymore. When you look at the first amendment, the assault on free speech under these campaign laws, the assault on religious groups, under the first amendment. When you look at the effort to create a registry under the second amendment on guns. When you look at the fourth and fifth amendments turned on their heads, the ninth and tenth amendments, they pretend they don’t even exist. We have a chief justice of the Supreme Court who twists the words of the commerce clause and the meaning of tax in order to uphold ObamaCare. This is lawlessness. And at some point we need to unravel this federal government, unravel the ruling class and push power back to the states, municipalities, and the people, or we’re going to get more of this.

Watch the full interview here.