Saturday 26 September 2009

Counter-terrorism still needs to shape up

as posted here


Patrick Walters | August 08, 2009
Article from: The Australian
AUSTRALIA this week got another glimpse of the troubling global security paradigm that dominates discussions among the government's top counter-terrorism advisers.
The Melbourne-based Australians allegedly planning an attack on Holsworthy army base had links that stretched to Somalia and well beyond the Horn of Africa. It's a home-grown threat that is intimately linked to the global jihadist network.
The Howard and Rudd governments have spent more than $9 billion bolstering our national security since September 11, 2001. The Australian Intelligence Security Organisation, the Australian Secret Intelligence Service, the Australian Federal Police and defence intelligence agencies have been transformed and forced to learn new skills in the face of a protean threat that continues to evolve in unexpected ways.
The central issue facing national security planners in Western democracies is whether our spy agencies, founded in the Cold War era, and based on rigidly defined operational and legal boundaries, can be truly effective in countering threats in a borderless world.
It's not just Islamist terror but rapidly emerging issues such as cyber warfare and far more sophisticated transnational crime networks that are driving the rethink at the heart of the Rudd government.
The AFP and ASIO have come a long way in recent years. They have become far more closely linked with other intelligence agencies and tackle a range of wholly new cross-border challenges. But in the view of some of our top national security thinkers, inside and outside government, Australia's intelligence community needs to evolve even further if we are to thwart the emerging threat spectrum.
According to defence expert and close government adviser Ross Babbage, this should include the contentious removal of strict legal and operational constraints that apply to the Defence Signals Directorate , the country's main collector of signals intelligence. It could also include a renewed debate about whether ASIO and ASIS, Australia's secret external intelligence agency, should be merged.
Babbage argues that DSD's charter should be amended to allow it to assist ASIO and the AFP in an unrestricted way when it comes to tracking terrorists or criminals who move into Australia. At present, tight legislative provisions restrict DSD from spying on Australian citizens at home and abroad but it does provide technical assistance to ASIO and other agencies for specific operations.
DSD played the critical role in tracking down the Bali bombers across the Indonesian archipelago. Babbage argues DSD now needs to be able to monitor communications seamlessly at home or abroad and have the ability to work in cross-agency joint teams.
"The Australian Intelligence Community needs to be restructured to permit the full weight of technical and human resources to be applied against priority targets, whether they be international, domestic or both," Babbage tells Inquirer.
Australia's key intelligence agencies are structured to address either international threats or domestic threats when the terrorist, criminal and foreign intelligence service operations we confront show no respect for national boundaries.
"My biggest concern is not when you have already identified a target but what happens if you haven't identified a target. It's not just DSD, it's the whole panoply. What we need to be doing is reducing, maybe even removing, the constraints on effective teaming from detection right through to detailed observations and monitoring," Babbage says.
This week's events involving Somali-born Australians is a harbinger of the new challenges ahead. "We managed to pick this up. But in the area of terrorism and in the cyber area we are going to face more demanding international challenges. We can't afford to be tripping over each other or missing things," Babbage says.
New ASIO director-general David Irvine acknowledged last week in his first public speech that contemporary security challenges were provoking debate in Canberra about whether Australia's spy agencies were correctly positioned for the challenges ahead.
Irvine stressed the intelligence community had to move towards a "single federation, rather than a group of capability specific sites". Vital information also had to be shared more quickly and effectively inside and outside the key intelligence agencies.
"The concept of some separation of powers remains a valid element of the community today and I would advocate caution in tampering with it for no good reason," Irvine said, referring to the basic structure of the Australian Intelligence Community created as a result of the Hope royal commission more than 30 years ago.
Nevertheless, the contemporary security environment -- particularly with technological advances and the emergence of non-state actors as a first-tier threat -- has forced the AIC to come together in ways the Hope commission could not have predicted.
There's no doubt that the radical changes mooted by Babbage would encounter strong political opposition as well as a wall of bureaucratic resistance. A whole new legal and administrative edifice, including civil liberty safeguards, would have to be built. In Britain and the US, similar mooted changes have produced a powerful public backlash.
Senior government sources believe recent changes to the AIC, including Kevin Rudd's creation of the post of National Security Adviser and establishment of a National Intelligence Co-ordination Committee, preclude the need for further big structural reform. The argument inside the bureaucracy is that the key agencies have already developed the new collaborative, cross-jurisdictional relationships vital for our national security. As Irvine points out, the NICC is designed to set priorities as well as ensure optimal levels of sharing intelligence information and intelligence capability between agencies.
But the real debate about further structural change has yet to be had. Senior intelligence sources and security experts inside and outside the government agree on one thing: even closer co-operation will be needed in the future, from better co-ordination of intelligence collection at the national level to sharing of vital information right down to local police working in suburban communities.
The University of Sydney's Alan Dupont agrees with Babbage on the need for further overhaul of the AIC.
"DSD should be able to work closely with domestic agencies on national threats in a way that they can't at the moment. Our intelligence structures are still out of sync with today's threats even though we have made major improvements," Dupont says.
"If you getting national intelligence in Canberra, how are you getting that down to a local police force that has to respond in a way that protects sources and methods but allows them the latest information? We also still haven't closed the gap between national counter-terrorism responses and emergency management arrangements. Both are integral in responding to terrorist attacks."
Defence expert Allan Behm, who has worked for all four government departments covering Australia's intelligence community including the Prime Minister's, Attorney-General's and Defence departments, agrees ASIO and the AFP have done well since 2001. But he says the intelligence community must achieve greater efficiency, working outside the traditional "stove-pipes" as inter-agency teams, while understanding that some jurisdictional boundaries must always remain.
Behm also says Australia's counter-terrorism response must extend beyond good intelligence and tough border controls and embrace troubled communities such as the Somalis. "The problem has been with us for a while. Through inadequate policy over the (past) 10 years we have treated Islamic terrorism as though it had a legitimacy that it doesn't really have. It is a criminal act like any other form of terrorism. Governments have got to keep talking about Australia as an inclusive society, supporting the leadership within the Islamic community as a matter of public policy. We have got to keep talking about the fact this is a society built (on) mutual respect for each other."


as posted here

Call for licence to spy on citizens

as posted here


Patrick Walters, National security editor | August 08, 2009
Article from: The Australian
THE Defence Signals Directorate should be given new powers to spy on Australians at home or overseas to deal with evolving security threats including terrorism and cyber warfare, according to a leading national security expert.

Ross Babbage, an adviser to the Rudd government, says the DSD's charter, which strictly prohibits it from spying domestically on Australian citizens, should be changed to reflect the more fluid and dynamic outlook facing Australia.
His call for a change in the DSD's powers and a restructuring of the current tightly separated Australian intelligence community is backed by a number of senior government officials in Canberra.
Similar debates in Britain about extending the powers of GCHQ, Britain's main signals intelligence agency, and in the US, over the role of its National Security Agency, have sparked a political furore.
Giving DSD broader powers to spy on domestic communications would require new civil-liberty safeguards and major change to the existing legal framework covering the intelligence realm.
"We now face increasingly innovative transnational criminal, terrorist and foreign intelligence service operations that show no respect for national boundaries and operate aggressively overseas and also within Australia," Professor Babbage told The Weekend Australian.
"Current intelligence structures and boundaries were set in the Cold War. Australia's key intelligence agencies are structured to address either international threats or domestic threats, but rarely both.
"There's a need to shift from the traditional 'need to know' to 'need to share' and to 'need to team'.
"The Australian intelligence community needs to be restructured to permit the full weight of technical and human resources to be applied against priority intelligence targets -- whether they be international or domestic or both."

Professor Babbage's views reflect an emerging debate behind closed doors in Canberra on how to deal with a rapidly evolving set of security threats, including Islamist terrorism. The central issue facing national security planners is whether Australia's spy agencies, founded in the Cold War era and based on rigidly defined operational and legal boundaries, can be effective in an increasingly borderless world.

The debate revolves around how best to improve not just intelligence gathering but also information flows between traditionally separate agencies, including ASIO, ASIS, DSD and the Defence Intelligence Organisation and police forces.

Professor Babbage argues the existing tight legal and administrative barriers separating Australia's intelligence agencies preclude the kind of co-operation essential to protect Australia over the next decade.

Professor Babbage's views were echoed by Sydney University's Alan Dupont. "DSD should be able to work closely with domestic agencies on national threats in a way that they can't at the moment. Our intelligence structures are still out of sync with today's threats, even though we have made major improvements," he said.


as posted here

Australias draconian sedition laws and the Australian Press Council

as posted here


Last Tuesday the Senate Standing Committee on Legal and Constitutional Affairs held a hearing as part its Inquiry into the Anti-Terrorism Laws Reform Bill 2009.

This private members bill seeks to undo some of the harm done to freedom of speech by Howard Government anti-terrorism legislation, which was subsequently supported by a Rudd Government which has failed to address concerns since it came to office and virtually ignored the Australian Law Reform Commission report and recommendations to date.
Here is an extract from the Australian Press Council's submission to the inquiry:




Executive Summary
Consistent with its long held position that sedition laws are an impediment to freedom of expression and have the potential to have a 'chilling effect', the Australian Press Council support the removal of sedition offences in s80.2 of the Criminal Code Act in their entirety.
In view of the lack of precision in the definition of a "thing" in s101.4 of theCriminal Code Act, the Council is concerned that journalists could be exposed to being charged with a serious offence should they inadvertently come into possession of material in the course undertaking their role. Thecurrent provision is unsafe and the Council supports that proposal in theBill that the section be repealed.
Where it is practical to do so, the Council supports the proposed amendments to Division 102 of the Criminal Code Act that would bring the processes for proscribing a terrorist organisation in line with the requirements of administrative law. By ensuring publicity, public consultation,consideration of submissions by an independent advisory committee, notice and a right of appeal the proposed amendments increase transparency, public and media scrutiny and enhance the public right to know.
The Council supports proposed amendments to s102.7 of the Criminal Code Act to ensure that providing support to a terrorist organisation cannot be construed to apply merely to the publication of view favourable to a proscribed organisation.
Consistent with its earlier submissions, the Council express its concerns that this Division 3 Part III of the ASIO Act poses a threat to freedom of speech and has the potential to obstruct the ability of the media to ensure that government agencies are held to public account and that the questioningand detention practices of ASIO do not go beyond what is necessary to facilitate the investigation and prevention of terrorism.
Consistent with its earlier submissions, the Council holds the view that theNational Security Information (Criminal and Civil Proceedings) Act is a threat to freedom of the press and it potentially oppressive. The Council supports repeal of this legislation as proposed in the Bill.
Full PDF copy of Australian Press Council submission


as posted here