eavesdropping concerns: could compromise legitimate business of MPs

Xenophon pushing for details on police tapping of parliamentarians' phones

Federal police commissioner asked about eavesdropping amid concerns it could compromise legitimate business of MPs

Katharine Murphy

South Australian independent, Senator Nick Xenophon, has stepped up his effort to draw attention to police monitoring of telephone communications by parliamentarians after evidence earlier this week that a handful of MPs are being monitored.

Xenophon has for several months been attempting to establish precisely what monitoring of politicians’ telephone calls is being conducted by the Australian Federal Police and security agencies; and also establish the Australian government’s knowledge of the Prism surveillance program first revealed by the whistleblower Edward Snowden.

On Wednesday, Xenophon convened a forum on electronic surveillance in parliament house to consider issues like metadata collection, including telephone records, email and text messages.

Xenophon asked the Australian Federal Police (AFP) commissioner Tony Negus questions at senate estimates earlier in the week about the number of authorisations that had been sought allowing police to more closely examine politician’s phone records – including establishing to whom calls were being made, and from what location.

Negus told the committee the number of current authorisations was “less than five”.

The police commissioner declined to provide further particulars, although he pointed to the legal framework which places checks and limits on police investigations.

Xenophon is concerned about police intrusion which could compromise the ability of parliamentarians to interact with public interest whistleblowers.

Surveillance by authorities unrelated to issues of corruption could also potentially compromise routine transactions between journalists and parliamentarians. Journalists are under a professional obligation to protect the confidentiality of sources.

“What is disturbing about the AFP commissioner’s admissions is that MPs’ records are being obtained in the context of whistleblower investigations – which can have a chilling effect on public servants coming forward with crucial evidence of corruption or maladministration, and in turn, on free speech,” Xenophon said on Wednesday.

“If a number of MPs were subject to these orders, how many journalists would be as well?”

“There is a massive difference between the police obtaining the records of an MP suspected of corruption, and obtaining details of an MP talking to a whistleblower.”

Greens senator Scott Ludlam earlier in the week pursued senior officials over the security of the parliamentary IT network. Ludlam was concerned that routine communication within parliament between MPs, staff and officials could be exposed to US surveillance.

Officials provided contradictory evidence on that question.

One senior parliamentary official suggested nothing had been done to ensure Australian political communications weren’t shared with US intelligence agencies via a “backdoor’ in Microsoft operating systems.

Another official suggested Australia was in control of what data was shared elsewhere.

http://www.theguardian.com/world/2013/nov/20/xenophon-pushing-for-details-on-police-tapping-of-parliamentarians-phones?CMP=twt_fd