Surveillance
Surveillance of activists takes the form of filming at protests, interception of telephone calls and email, and the use of undercover police officers to infiltrate organisations.
Police officers take video of even the smallest and most peaceful events. This suggests that the collection of evidence to use against those breaking the law seems to be a thin excuse: the real intention seems to be the collection of information about protest activity itself.
The APEC protests in Sydney led to 61 people being put on an excluded persons' list, essentially stopping such people from entering large areas of the Central Business District. Many of those on the list had no criminal convictions and of those who did have criminal convictions, they were for minor criminal damage associated with Greenpeace protest events. A copy of the assessments is reproduced at the end of this page as a pdf document (Beware of the police bearing lists by Edmund Tadros Sydney Morning Herald (weekend edition) 6-7 September 2008.)
Expansion of police surveillance powers
The powers that police have to conduct surveillance operations are continually expanding. The most recent include new legislation allowing for the secret searches of people's homes, the taking away and planting of items, without the requirement to notify the person subject to the search for many years. The is in contrast to the previous situation where a person could inspect a copy of the search warrant and be present when the search was carried out. Such powers, formally reserved for counter-terrorism operations, can now be carried out for ordinary criminal activity. The threshold is relatively low - growing a few cannabis plants would be enough to trigger the powers. (NSW to allow secret searching, hacking [by police] ABC report 4 March 2009).
The extra secret search powers are in addition to extra bugging powers given to NSW police in 2008. These powers gave powers to bug or track people for up to 4 days before the need to obtain a warrant. (Concern as police bugging power widens by Heath Gilmore Sydney Morning Herald 3 August 2008.)
Worryingly, the courts have a relaxed attitude towards collecting covert evidence (Court OK with using covert evidence by Catherine Munro Sydney Morning Herald 5 March 2009).
Undercover police officers
In late 2008, a number of groups in Melbourne reported that they were infiltrated by a paid police informer who monitored their activists. The police officer was said to associate himself with a number of groups, including an animal liberation group, the International Socialist Organisation (now forming part of Solidarity), Unity for Peace and Stop the Arms Fair. There was a report that he even infiltrated Melbourne Vegan Strength, a vegan keep fit group. (Police spying on activists revealed by Richard Baker and Nick McKenzie The Age 16 October 2008).
The most detailed confessions of a paid undercover informer in recent years is that of a man who monitored activists of groups in New Zealand. This person was "run" by section of New Zealand police responsible for counter-terrorism security. (Police anti-terror squad spies on protest groups by Nick Hager and Anthony Hubbard Sunday Star Times (NZ) 14 December 2008. Also see How Gilchrist was found out and Who the police were spying on).
Further information about the law relating to terrorism and surveillance can be found in the section on Terrorism and Surveillance of the Activist Rights Manual.
Internet and email surveillance
Internet surveillance of protest groups is commonplace, with some of it being farmed out to private companies (Police hire private spies to snoop online by Richard Baker and Nick McKenzie Sydney Morning Herald 26 November 2008).
Groups which have been the subject of such surveillance range from anti-whaling activists to journalists. (AFP 'spying' on anti-whaling activists by Narelle Towie Perth Now (powered by the Sunday Times) 24 November 2008. Journalist reveals herself as a police target by Sally Jackson The Australian 6 October 2008.Beware of the police bearing lists by Edmund Tadros Sydney Morning Herald (weekend edition) 6-7 September 2008.
"University activists and Greenpeace members made up a third of a secret list of 61 people NSW Police considered so dangerous they were banned from public areas near last year's Asia-Pacific Economic Co-operation Forum."
A copy of the intellignece assessment on each of the individuals was released under Freedom of Information laws and published on the Sydney Morning Herald website. The name, address and photo of each person is deleted. A copy of the those reports can be found here.
Police intelligence reports of those excluded from APEC security areas during APEC and released under Freedom of Information laws, obtained by the Sydney Morning Herald (see article above, Beware of the police bearing lists). Note that the names of individuals and the 'mug shot' at the top of each page have been withheld.
One genuine fear is that counter-terrorism laws are being used to combat ordinary crime and from there to policing protests. Even the most violent protests in Australia involve relatively trivial criminal offences and very rarely lead to prison sentences. An example of how such "legislative overreach" occurs has been the UK, where laws which were introduced to combat terrorism and serious crime is being used to spy on noisy neighbours to tackle barking dogs and loud children (Anti-terrorism laws to spy on noisy neighbours [UK] by Chris Hastings Daily Telegraph 6 September 2008).
Concern as police bugging power widens by Heath Gilmore Sydney Morning Herald 3 August 2008. "NSW police now have special emergency powers to bug or track people for up to four days without a warrant."
Further reading
Secret searches spreading too far by Mark Polden Sydney Morning Herald 23 March 2009
Legal Victory for expelled peace activist by Peter Gregory The Age 19 July 2008.
Nothing new about cops spying on the left by Jerome Small Socialist Alliance website November 2008.
Our very own police state by Brian Toohey Australian Financial Review 10 October 2008.
A copy of the intelligence assessments on those excluded from the APEC security area can be found below. The document was released under Freedom of Information laws following an application by the Sydney Morning Herald. More information at Beware of the police bearing lists by Edmund Tadros Sydney Morning Herald (weekend edition) 6-7 September 2008.
| apec_excluded_persons_list.pdf | |
| File Size: | 1970 kb |
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For a UK article reporting on the detention of over 100 climate change protesters before any event took place. Similarly, raw intelligence has been passed to the private sector.