“Guilt by accusation” law stalled

Byron Clark The Spark March 2009

The government has stalled a controversial change to copyright law that would have seen Internet Service Providers removing Internet access from anyone accused (not convicted) of violating intellectual property laws though downloading pirated music or video. The controversial clause was removed by a parliamentary select committee last year, but was put back into the legislation by then-Labour Government minister Judith Tizard – with National’s support. Prime Minister John Key has conceded however that this change to the Copyright Act could be “problematic”, and suggested it could be thrown out. In the week leading up to the original implementation date a web based campaign organised by the Creative Freedom Foundation saw people ‘black out’ content on their websites in protest against the law, culminating on February 23rd when most of the country’s major blogs (and a number of other websites) took down front page content for the day and replaced it with a black page.

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Oppose “guilt by accusation”

New Zealand's new Copyright Law presumes 'Guilt Upon Accusation' and will Cut Off Internet Connections without a trial. Join the black out protest against it!

One week from now New Zealand’s new copyright laws will come into effect, including the “guilt by accusation” clause (Section 92A) meaning Internet Service Providers will be forced to take down internet connections and websites of anyone accused (not convicted) of copyright infringement. The Workers Party is opposed to this clause and supports the protests against it that have been occurring. As well as section 92A we support repealing the parts of the law criminalising circumventing the so-called “Technological Protection Measures” on media such as DVDs, something we have covered in detail here.

Stop the use of lèse-majesté in Thailand – Defend freedom of speech

giles12

John Moore from the Workers Party, who has lived and worked in Thailand, gives details of an international campaign to stop the use of lèse-majesté in Thailand.

The Thai government is currently cracking down on dissent, and is using laws to ‘protect’ the monarchy to squash critical voices in Thai society. Such laws are known as lèse-majesté and frame criticism or insulting of a monarch as treason. Thai Marxist and academic Giles Ji Ungpakorn is facing lèse-majesté charges for the writing of his book A Coup for the Rich. A pdf version of this book can be found here.

A petition/open letter has been initiated by Thai activists calling for the scrapping of lèse-majesté laws and that the Thai government drop all proceedings in lèse-majesté cases.

Giles Ji Ungpakorn has been a ceaseless critic of the military’s intervention into politics in Thailand. He has accused the current government of gaining power through a coup. The elected Peoples Power Party government was recently deposed through a court order. The current Democratic Party led government was put together with the aid of the head of the military, and has full military backing.

Giles has been a consistent critic of authoritarian measures used by Thai state forces. He has championed the cause of workers and the rural poor in Thailand. He has also campaigned against the brutal military intervention against ethnic Malay insurgents in the South of Thailand.

The Workers Party is happy to play a part in offering solidarity to Giles and to help with the international campaign against the use of lèse-majesté in Thailand.

Below is the open letter/petition which Giles Ungpakorn is asking people to sign:

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Capitalist state just doing its job

The sordid actions of police informant Rob Gilchrist infiltrating New Zealand activist groups is yet another case of the bourgeois state ‘just doing its job’. In this blog post John Moore argues that the left should strongly condemn the police for their actions, yet those that act with howls of surprise and shock show how little understanding they have of the relationship between the state and capitalism in New Zealand. The left needs to start organizing more seriously against the coercive powers of the capitalist state, but at the same time exercising caution rather than paranoia.

Police spy Rob Gilchrist

The actions of Rob Gilchrist and the police reveal the ugly face of the capitalist state.

So far we know that Gilchrist has acted as a spy for the police for 10 years. He has informed and gathered information on organisations including Greenpeace, anti-Iraq War groups, poverty and beneficiary rights groups, animal welfare groups, GE-free groups and the Workers Party (formerly the Anti-Capitalist Alliance). balaclavaThe use of Gilchrist as a police spy was not an anomaly, but part of wider police intelligence programme. According to the Sunday Star Times http://tinyurl.com/684u3s

The use of an informer was part of a much wider police intelligence effort targeting community groups, using surveillance, filming of protests and seizure of computers and papers following protest arrests.

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State snooping on activists

Yesterday Rob Gilchrist, who had moved in activist circles for many years, was outed as a spy in a feature article in the Sunday Star Times. Ironically Gilchrist was sprung by his girlfriend who discovered suspicious emails while helping him sort out some computer issues.

Gilchrist had spent a decade spying on an assortment of protest and activist groups, including the Workers Party. As far as we are aware he was forwarding to the police WP discussion emails for around 10 months in 2003-2004. He was taken off the party discussion group on 1 March 2004.

We reprint below an article on the expansion of the state’s snooping powers from The Spark 9 February 2005.

Civil rights fast disappearing

-Daphna Whitmore

Allegations in 2004 that the Secret Intelligence Service have been spying on political figures, including Maori Party co-leader Tariana Turia, have been met with loud denials from the Prime Minister. As much as Ms Clark would like the public to think the allegations are preposterous it wouldn’t be the first time the SIS has gone beyond its extensive powers.

In 1996 an SIS agent was caught carrying out an illegal break-in and burglary of the home of political activist Aziz Choudry. A court later awarded Mr Choudry compensation for the illegal actions of the SIS. The government then promptly passed a law to legalise such break-ins, giving the SIS further powers to carryout home invasions. It was one of many instances in recent years where civil rights have been abolished in the name of “national security”.

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