DEFENDING DIGITAL RIGHTS IN AUSTRALIA: THE STATE OF AFFAIRS

WHAT DIGITAL RIGHTS? • No bill of rights • No digital charter

OUR GOVERNMENT IN 2015: • Mandatory data retenon scheme • Website blocking legislaon for copyright infringement • Industry code for online copyright infringement • Trans-Pacific Partnership

THE FUTURE OF 2016? AUSTRALIA: THE STATE OF AFFAIRS

IT’S NOT ALL BAD Whistleblower protecon legislaon (and growing culture of whistleblowing)

Small but dedicated campaign against data retenon

Growing interest in wider non-profit, academic and acvism sectors AUSTRALIA: THE PLAYERS

WE HAVE SOME STRONG VOICES The Australian Greens – Senator Sco Ludlam Electronic Froners Australia CHOICE Australian Privacy Foundaon Instute of Public Affairs Thoughtworks Amnesty Internaonal Australia

BUT NOTHING BRINGING THEM TOGETHER DIGITAL RIGHTS WATCH

SO DIGITAL RIGHTS WATCH WAS FORMED

An non-profit umbrella organisaon that can support, foster, promote and highlight the work of Australians standing up for their digital rights. WHO ARE WE?

DIGITAL RIGHTS WATCH IS AN INCORPORATED MEMBER DRIVEN NON-PROFIT ORGANISATION

The 2016 board of Digital Rights Watch: Amy Gray Melbourne-based freelance journalist Chair - Tim Singleton Norton Head of Campaigns for Save the Children Australia Suzy Wood Fellow of QUT IP & Innovaon Law research program Deputy Chair - Dr Nicolas Suzor Fellow at Creave Commons Australia Senior Lecturer in Law at Queensland University of Technology Nick Jaffe Chief Invesgator of QUT’s Digital Media Research Co-founder of Serversaurus and Electron Workshop Centre Founder of the Privacy Workshop

Chris Berg Lizzie O'Shea Senior Fellow at the Instute of Public Affairs Human rights lawyer specialising in public interest ligaon WHO’S WITH US?

Australian Lawyers for Human Rights Prof. Rob Sparrow, Department of Internaonal Law and the Humanies Australian Progress Philosophy, Prof. Ariadne Vromen, Dept of CHOICE Ben Eltham, journalist Government and Internaonal Relaons , Australian Privacy Foundaon Dr TJ McIntyre, Chair of Digital Rights Ireland Dr. Aim Simpeng, Dept of Government and Blueprint for Free Speech Antony Loewenstein, independent Internaonal Relaons , University of Liberty Victoria journalist, Guardian columnist and author Sydney Thoughtworks George Newhouse, Director, Naonal Dr. Benedea Brevini, Dept of Government Naonal Jusce Project Jusce Project and Internaonal Relaons , University of NSW Council for Civil Liberes Bernard Keane, journalist Sydney Future Wise Tracey Dunning, Industry & Policy, Asher Wolf, journalist Regulatory Program Co-ordinator, Trisha Jha, libertarian commentator Michael Malone, founder and former Macquarie Telecom Carly Nyst, Human rights lawyer Managing Director of iiNet John Lindsay, former CTO of iiNet & Prof. Julian Thomas, Swinburne University Jennifer Robinson, Director of Legal Internode Dr Angela Daly, Research fellow, Advocacy, Bertha Foundaon Senator Sco Ludlam, Australian Greens Swinburne Instute for Social Research Mary Kostakidis, Broadcaster and journalistDeputy Leader Dr Tama Leaver, Senior Lecturer of Internet AO QC, Barrister & human Helen Razer, journalist and commentator Studies, Curn University rights advocate Dr Paul Bernal, Lecturer, Informaon Dr Rebecca Giblin, Senior Lecturer, Monash Ass. Prof. Ellie Rennie, Deputy Director, Technology, Intellectual Property and Faculty of Law Swinburne Instute for Social Research Media Law, UEA School of Law Dr Monika Zalnieriute, Melbourne Law Andrew Bartle, former Senator and Prof. Dianne Oo, Francine V McNiff Chair School Research fellow, Australian Naonal in Human Rights Law at Melbourne Bre Solomon, Access Now University University, Director of the Instute for WHAT WE STAND FOR

We believe that a free and open internet is the cornerstone of a modern approach to human rights.

OUR PILLARS:

PRIVACY DEMOCRACY

FAIRNESS FREEDOM CAMPAIGNING FOR PRIVACY

OUR AIM • An end to Australia’s mass surveillance operaons. • Beer oversight of mandatory data retenon • A halt to the naonal facial biometric data capability

OUR WORK: • Public mobilisaon campaigns • Creang educaon resources around encrypon and privacy-enhancing soware STANDING UP FOR DEMOCRACY

OUR AIM • Stronger democrac oversight of domesc and internaonal surveillance agencies • Increased transparency in internaonal trade agreements

OUR WORK: • Coordinated lobbying of Australian law-makers • Facilitang cizen oversight of acvies through Freedom of Informaon requests ENSURING FAIR ACCESS

OUR AIM • Proper copyright reform on key issues such as fair use, free speech and innovaon • Effecve and fair monitoring of website blocking legislaon

OUR WORK: • Operang a watchdog of the Copyright Noce Code • Parcipang in legislave debate around copyright reform WE STAND FOR THE USERS

OUR AIM • Clear, certain, and fair legal rules that govern the liability of internet intermediaries consistent with the Manila Principles on Intermediary Liability • Social networking plaorms protect freedom of speech by providing adequate and effecve tools to limit and address abuse

OUR WORK: • Operang a watchdog of social network policies THE PLAN

THE ROLE OF DIGITAL RIGHTS WATCH IS TO: • Be a strong and visible advocate known for intelligent, robust defence of digital rights • Advocate and educate Parliament and other law-making bodies • Run effecve large-scale public campaigns • Monitor and report on digital rights regulaons • Develop public-facing informaon resources • Act as a linkage between exisng digital rights movements overseas and the growing Australian digital acvist network THE WATCHLIST

WE WILL MONITOR AND REPORT UPON: • Implementaon of metadata retenon laws, including agencies approved to access telecommunicaons data under metadata retenon laws • Websites blocked under new injuncve power • TPP enabling bill progress through Parliament • Any movements on fair use • Any movements on tort of serious invasion of privacy • Any legislave or policy iniaves to combat 'revenge porn’ • Any movements on educaon noce scheme for copyright infringement Whistleblower protecons • Reforms to ss 34ZS and 35P ASIO Act • Broader intermediary liability issues • Net neutrality • Right to be forgoen UPCOMING PROJECTS

BLOCKED.AU An online database to keep track of injuncons and compile a database similar to blocked.org.uk

INTERNET DEFENCE LEAGUE Educaonal resources and informaon for individuals to ulise privacy-enhancing tools and encrypon technologies

GET A WARRANT! CAMPAIGN Public-facing mobilisaon campaign to repeal the current laws surrounding data retenon and access by government agencies GET IN TOUCH

THANK YOU

LIZZIE O’SHEA DIGITAL RIGHTS WATCH @LIZZIE_OSHEA @DRWAUS DIGITALRIGHTSWATCH.ORG.AU