ASIO gets wider remit, to furious debate…only kidding
Bernard Keane at Crikey – and, disappointingly, few others – have noted the Greens’ irresponsible and outrageous questioning of why ASIO should get a massively expanded remit without any serious attempt at justification. How unserious of them to suggest that when spies get additional powers, a reason should be provided! It’s the next generation of fairies at the bottom of the garden!
Apparently, ASIO’s role in economic espionage and counter-espionage is to be stretched so broadly that the catch-all of “national security” can no longer always be applied:
The just-passed Intelligence Services Legislation Amendment Bill 2011 features a number of clauses, but the change of most interest is the change to Section 27(b) of the ASIO Act, which you can read the current text of here. The bill’s explanatory memorandum puts the change as follows:
Section 27B provides the circumstances in which the Attorney-General may issue an authorisation for foreign intelligence collection. Currently, paragraph 27B(b) provides that the Attorney-General must be satisfied, on the basis of advice received from the relevant Minister, that the collection of foreign intelligence relating to that matter is important in relation to the defence of the Commonwealth or to the conduct of the Commonwealth’s international affairs.
This item will amend this condition so that the authorising Minister may authorise the collection of foreign intelligence if satisfied, on the basis of advice received from the Defence Minister or the Foreign Affairs Minister, that the collection of foreign intelligence relating to that matter is in the interests of Australia’s national security, Australia’s foreign relations or Australia’s national economic well-being. The new conditions recognise the broader nature of the contemporary threat environment.
One possibility is this section is to deal with China’s rather blatant, often relatively unsophisticated, but still effective attempts at economic espionage. One can only presume that Australian businesses are being similarly targeted. Monitoring and discouraging such activities does seem reasonable for ASIO to be involved with, on the face of it.
But, then again, wouldn’t monitoring and curtailment of economic espionage by a foreign power – or even groups or individual one might reasonably suspect to be operating with the connivance of a foreign power – fall within the remit of “national security”? Heck, Wikipedia quotes any number of prominent people (mostly Americans, admittedly) whose definitions explicitly include economic factors.
But for some reason it’s not enough, and we’re left with a definition giving the Minister incredibly broad powers to authorize spying if they think it advances Australia’s economic interests – or even plausibly claim that it might do so. And both major parties think that’s just fine.
It’s not like ASIO has a shortage of things to do. For instance, it might consider pulling its finger out and processing the backlog of hundreds of asylum seekers stuck in limbo while ASIO figures out whether they’re terrorists or not.