Edward Snowden's lawyer blasts Australian law that would jail journalists reporting on spy leaks

[Jeffrey Walton <noloader () gmail com>]

http://www.smh.com.au/digital-life/consumer-security/edward-snowdens-lawyer-blasts-australian-law-that-would-jail-journalists-reporting-on-spy-leaks-20140730-zyn95.html

Edward Snowden's lawyer has labelled as "draconian" and "chilling"
Abbott government legislation before parliament that would threaten
ASIO leakers with 10 years' imprisonment and make it an offence for
journalists to report on information they receive from whistleblowers.

Lawyer Jesselyn Radack, who is travelling in Australia, told the
Wheeler Centre in Melbourne on Tuesday night that the laws being
proposed by Attorney-General George Brandis went too far.

"That law is so draconian and would be so chilling in terms of freedom
of the press," Ms Radack said. "It would criminalise a reporter
talking to a source.

"It's the most draconian thing I've seen and it is completely
antithetical to a free and open democratic society … I find it very
disturbing that Australia's entertaining this kind of legislation and
that there hasn't been a greater outcry, especially from the press."

The legislation makes it an offence if a person "discloses information
... [that] relates to a special intelligence operation" and does not
state any exemptions, meaning it could apply to anyone including
journalists, bloggers, lawyers and other members of the public. Those
who disclosed such information would face tough new penalties of up to
10 years' jail.

Ms Radack said the new laws would essentially give ASIO immunity.
"This particular proposed legislation is drafted so broadly that
almost anything could be labelled a special intelligence operation …
the definitions are so broad and vague as to make anyone subject to
this."

NSA whistleblower Thomas Drake, who also spoke at the Wheeler Centre,
said the laws reminded him of his own trial and said that they would
result in self-censorship.

"If this passes in its current form without huge changes, it is going
to send a very chilling message," Mr Drake said. "It will create a
climate in which people will self-censor. They will opt not to reveal
anything. They will opt not to associate with certain individuals.
They will opt not to share certain information just on the risk that
it might be designated secret or it might be designated something that
might reveal an intelligence operation. Well in that kind of an
environment guess what? It has its intended effect."

Senator Brandis has previously said that the new offences were not
aimed at journalists.

"It's not the purpose of this bill to place any constraints at all on
freedom of discussion," he said.

"We are a government that believes very strongly in freedom of speech
and freedom of the press."

Shadow attorney-general Mark Dreyfus said if criminalising journalism
was the effect of the new legislation, "the government will need to
make changes to remove that consequence".

Prime Minister Tony Abbott has previously urged journalists not to
report on national security matters that could endanger the country.

Mr Abbott said news that "endangers the security of our country
frankly shouldn't be fit to print".

"I'd ask for a sense of responsibility, a sense of national interest,
as well as simply commercial interest," he said.

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