Oh dear, is the Turnbull Government asking chickens to visit the digital fox's den?

“The Turnbull Government has welcomed the eSafety Commissioner’s announcement today about the delivery of the pilot for a new national portal for reporting instances of non-consensual sharing of intimate images (colloquially known as image-based abuse or revenge pornography).”  [Senator Mitch Fifield, media release,15 October 2017]

Given the dubious reputation Facebook Inc has managed to garner in relation to business ethics, transparency, consumer privacy, e-safety, data mining and data breach history, one wonders what the Minister for Communications and Liberal Senator for Victoria Mitch Fifield was thinking.

Facebook Newsroom, 9 November 2017:

Image Pilot

By Antigone Davis, Global Head of Safety

We don’t want Facebook to be a place where people fear their intimate images will be shared without their consent. We’re constantly working to prevent this kind of abuse and keep this content out of our community. We recently announced a test that’s a little different from things we’ve tried in the past. Even though this is a small pilot, we want to be clear about how it works.

This past week, in partnership with the Australian eSafety Commissioner’s Office and an international working group of survivors, victim advocates and other experts, Facebook launched a limited pilot in Australia that will help prevent non-consensual intimate images from being posted and shared anywhere on Facebook, Messenger and Instagram. Specifically, Australians who fear their intimate image may be shared without their consent can work with the eSafety Commissioner to provide that image in a safe and secure way to Facebook so that we can help prevent it from being shared on our platforms.

To be clear, people can already report if their intimate images have been shared on our platform without their consent, and we will remove and hash them to help prevent further sharing on our platform. With this new small pilot, we want to test an emergency option for people to provide a photo proactively to Facebook, so it never gets shared in the first place. This program is completely voluntary. It’s a protective measure that can help prevent a much worse scenario where an image is shared more widely. We look forward to getting feedback and learning.

Here’s how it works:

* Australians can complete an online form on the eSafety Commissioner’s official website.

* To establish which image is of concern, people will be asked to send the image to themselves on Messenger.

* The eSafety Commissioner’s office notifies us of the submission (via their form). However, they do not have access to the actual image.

* Once we receive this notification, a specially trained representative from our Community Operations team reviews and hashes the image, which creates a human-unreadable, numerical fingerprint of it.

* We store the photo hash—not the photo—to prevent someone from uploading the photo in the future. If someone tries to upload the image to our platform, like all photos on Facebook, it is run through a database of these hashes and if it matches we do not allow it to be posted or shared.

* Once we hash the photo, we notify the person who submitted the report via the secure email they provided to the eSafety Commissioner’s office and ask them to delete the photo from the Messenger thread on their device. Once they delete the image from the thread, we will delete the image from our servers……..

The problem of dual citizenship for Australian federal politicians is not a new one so why has this current batch made such a hash of the solution?

Australian Electoral Commission nomination form advice re Sec 44 of the Australian Constitution

This is former Liberal MP Alex Somlyay - elected 1990 and retired 2013 - as reported in the Sunshine Coast Daily on 19 July 2017:

Alex Somlyay, who represented Fairfax for 23 years from 1990 to 2013, is the son of Hungarian refugees who arrived in Australia after World War Two as stateless persons.

Mr Somlyay says Ms Waters' predicament in an unintended consequence that needed to be fixed…..

Mr Somlyay is particularly attuned to Mr Waters' forced resignation because of events that played out which could have threatened his own parliamentary career.

His parents became Australian citizens and Mr Somlyay was born in Australia.

But the fall of the Iron Curtin saw Hungary again become an independent country which immediately gave citizenship to the diaspora that fled as refugees and their children.

"I was already in Parliament,” he said. "I went to see the Hungarian ambassador and wrote a letter relinquishing any Hungarian rights.”

With the holding of dual citizenship being a specific bar to nominating as a candidate at a federal general election or by-election the answer for such dual citizens has always been straightforward even in complex situations.

Before nominating check your citizenship status and if by virtue of having a parent, grandparent or great-grandparent who was born overseas you find you either hold foreign citizenship by descent or may be entitled to such citizenship then take the appropriate steps to formally renounce this citizenship.

Even in the late 1800s Australia was a multicultural society with people holding foreign citizenship permanently migrating here from Europe, Asia, Africa, the Americas and Oceania.

The framers of the Australian Constitution were well aware of this fact and set out one simple rule disqualifying any person who is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power from sitting as a representative of the people in the federal parliament. 

The only exception when the Consitution was enacted was for persons born in the United Kingdom (or in certain cases its colonies) as it was not then considered a foreign power.

The right to nominate as a candidate in an election is now reserved for persons of good character who hold only Australian citizenship - whether by birth, descent or naturalisation - and hold no office of profit under the Crown.

The High Court of Australia so ruled in Sykes v Cleary in 1992, in Free v Kelly & Australian Electoral Commission in 1996 and again in Re Canavan; Re Ludlam; Re Waters; Re Roberts [No 2]; Re Joyce; Re Nash;Re Xenophon in October 2017. 

Only an overweening sense of self-importance and an unswerving belief in their own entitlement can explain why in 2017 there are so many politicians with questions against their names when it comes to a right to be sitting in the Australian Parliament.

And only a steely determination not to be fully held to account sees the Turnbull Government suggesting that a declaration to the Australian Parliament by already elected politicians somehow trumps any false or misleading written declaration they may have made as part of their nomination as candidates.

RECOMMENDED READING

                

8 November 2017, YaThink? Let’s stop pretending. We want this Government to burn at the stake!

STATE OF PLAY

Growing list of federal parliamentarians found to be ineligle to stand:

1. Greens Senator for Western Australia Scott Ludlum – first elected 2007, resigned from parliament admitting dual citizenship 14.7.2017, High Court ruled ineligible due to dual citizenship 27.10.17

2. Greens Senator for Queensland Larissa Joy Waters – first elected 2010, resigned from parliament admitting dual citizenship 18.7.17, High Court ruled ineligible due to dual citizenship 27.10.17

3. Liberal MP for New England Barnaby Thomas Gerard Joyce – first elected 2004, refused to resign from parliament, High Court ruled ineligible due to dual citizenship 27.10.27

4. Liberal Senator for NSW Fiona Joy Nash – first elected 2004, refused to resign from parliament, High Court ruled ineligible due to dual citizenship 27.10.27

5. One Nation Senator Malcolm Ieuen Roberts – first elected 2016, refused to resign from parliament, High Court ruled ineligible due to dual citizenship 27.10.17

6. Liberal Senator for Tasmania Stephen Shane Parry – first elected 2004, resigned from parliament admitting dual citizenship on or about 2.11.17

7. Liberal MP for Bennelong John Gilbert Alexander – first elected 2010, resigned from parliament (refused to publicly confirm dual citizenship) on or about 11.11.2017

8. Jacqui Lambie Network Senator for Tasmania Jacqui Lambie – first elected 2013, resigned from parliament admitting dual citizenship 14.11.17

9. Liberal senator-elect Hollie Hughes – found to be eligibility by the High Court on 15 November 2017 due to the fact that she holda an office of profit under the Crown

How the NSW North Coast voted in the national same-sex marriage postal survey

Across Australia 12,691,234 registered voters responded to the Australian Marriage Law Postal  Survey with 61.6% of respondents answering YES and 38.4% answering NO to the question “Should the law be changed to allow same-sex couples to marry?

In NSW, 81.3% (2,147,973) of eligible females and 77.5% (1,947,546) of eligible males responded to the survey.

By NSW North Coast federal electorate:

Richmond – 67.9% of survey respondents answered YES and 32.1% answered NO

Page -  59.7% of survey respondents answered YES and 40.3% answered NO

Cowper – 60% of survey respondents answered YES and 40% answered NO

For a full breakdown of survey results go to https://marriagesurvey.abs.gov.au/results/

On 15 November 2017 the far-right of both Coalition parties are going to attempt to scuttle genuine marriage equality in Australia

“Liberal senator James Paterson’s private members bill to “protect religious freedoms” would enshrine exceptionalism discriminating against gays. Gays would be allowed to marry, but anyone and everyone who wanted to deny them service would be legally allowed to do so. We don’t tolerate such discrimination based on race or ethnicity.” [Professor of Politics, University of Western Australia, Peter van Onselen writing in The Australian, 13 November 2017]

It comes as no surprise that this bill is being sponsored by that chinless wonder, former Institute of Public Affairs member and Liberal Senator for Victoria James William Paterson (pictured left).

The Australian, 13 November 2017:

A conservative-backed same-sex marriage bill enshrining wide-reaching shield laws for celebrants, businesses, educators, charities and parents opposed to gay marriage will be taken to the Coalition partyroom in a looming showdown over freedom of speech and religious protections.

The 34-page bill, obtained by The Australian and to be released today by conservative Victorian Liberal senator James Paterson, would override state and territory anti-discrimination and freedom-of-speech laws to extend protections beyond religious affiliation to anyone who holds a “conscientious belief” in traditional marriage.

Significantly, the bill also ­includes a “safe schools” clause to confer rights to parents who want to remove their children from classes if they believe the values being taught do not accord with a traditional view of marriage.

In what will become a potentially critical test of Malcolm Turnbull’s leadership, the bill will be taken to the Liberals’ partyroom when it next meets in two weeks and presented as an alternative model to that favoured by moderates and sponsored by ­Liberal ­senator Dean Smith, which offers only limited protection.

However, it is believed there are plans to table the bill in the Senate as early as Wednesday if needed following a likely Yes ­result in the gay marriage postal plebiscite.

The release of the draft Marriage Amendment (Definition and Protection of Freedoms) bill 2017 will blindside moderate Liberal MPs who last week were demanding the release of any proposed conservative-backed model.

The bill is expected to receive qualified support today from the majority of the conservative bloc and will present a challenge to moderate MPs, with Senator ­Paterson being an open supporter of gay marriage.

Some conservative MPs, however, are likely to argue that the bill does not go far enough with new polling revealing overwhelming public support for laws to protect freedom of speech, religion and parental rights.

The bill requires not only amendments to the Marriage Act but an amendment to the federal Sex Discrimination Act. It would also override prevailing state and territory anti-discrimination laws that offer no protection for people with a traditional view of marriage.

The protections to shield proponents of traditional marriage from civil law suits, however, will be limited to only those goods and services directly related to the solemnisation of a same-sex marriage or the provision of a wedding. This includes goods and ser­vices provided by florists, bakers, hotels or function centres but only so far as they relate to a same-sex ­wedding.

Senator Paterson, who sat with Senator Smith on the Senate committee ­inquiry into same-sex ­marriage, said the bill better reflected the recommendations on preserving human rights and the protections of a diversity of views.

“If the parliament opts for a narrower bill with fewer protections, I fear we will see some Australians seek to impose their values on others, with court cases and other legal mechanisms. No one should want to see the messy court cases that have occurred after same-sex marriage was legalised in other countries,” Senator Paterson said

The potential clash with Liberal moderates was foreshadowed yesterday with North Sydney MP Trent Zimmerman telling Sky News the debate over religious freedoms was a separate issue to same-sex marriage.

“If Australians vote for marriage equality and then ... the parliament for any reason delays or seeks to obfuscate or seeks to thwart the wishes of the Australian people, then I think the view of our parliament, the view of this process will be significantly diminished,” he said. “We should have it resolved before Christmas, I don’t think Australians will tolerate delay.”

“What we’ve seen during this debate is the conflation of a whole range of issues which frankly have nothing to do with the Marriage Act. And they can be debated. Protecting religious freedoms is something that Liberals feel very strongly about. But they shouldn’t be confused with this bill which is designed to deliver marriage equality.”

While the bill being proposed by conservatives gives effect to changing the definition of marriage to include same-sex couples, it proposes more than 80 amendments covering six key protection provisions that Senator Paterson insists would ensure Australia’s obligations under the International Covenant on Civil and Political Rights.

The most contested amendment is likely to arise from a new definition of “conscientious objection” which offers protection to anyone from being forced to participate in a same-sex wedding “against their sincerely held ­beliefs”.

Anti-detriment laws would also be applied to prevent government agencies taking adverse action against a person who holds a ­traditional marriage belief and ­extend that shield protection to professions that are licensed, such as doctors and lawyers. Businesses and individuals would, however, not be included, preserving freedom of association.

Charities that held a belief in traditional marriage could not be stripped of their charitable status, as has occurred in other countries, while Christian schools and institutions would be protected in teaching traditional marriage.

Most critical to the case put by MPs, is parents’ rights to choose to remove their children from school classes that conflict with their values, providing a safeguard for parents who object to the controversial Safe Schools program.

The Private Member's Bill:

Marriage Amendment Definition and Protection of Freedoms Bill 2017 by clarencegirl on Scribd

https://www.scribd.com/document/364258383/Marriage-Amendment-Definition-and-Protection-of-Freedoms-Bill-2017

International Criminal Court: cause and effect?

“As detailed in previous reporting, the Office has found that the information available provides a reasonable basis to believe that crimes under articles 7 and 8 of the Statute have been committed in the situation in Afghanistan, including crimes against humanity of murder under article 7(1)(a), and imprisonment or other severe deprivation of physical liberty under article 7(1)(e); murder under article 8(2)(c)(i); cruel treatment under article 8(2)(c)(i); outrages upon personal dignity under article 8(2)(c)(ii); the passing of sentences and carrying out of executions without previous judgement pronounced by a regularly constituted court under article 8(2)(c)(iv); intentionally directing attacks against the civilian population or against individual civilians under article 8(2)(e)(i); intentionally directing attacks against personnel, material, units or vehicles involved in a humanitarian assistance under article 8(2)(e)(iii); intentionally directing attacks against buildings dedicated to education, cultural objects, places of worship and similar institutions under article 8(2)(e)(iv); and treacherously killing or wounding a combatant adversary under article 8(2)(e)(ix).” [International Criminal Court (ICC), The Office of the Prosecutor, Report on Preliminary Examination Activities (2015), p27]

It is hard not to suspect a link between the International Criminal Court and Austraiian Defence Force investigations, given that the preliminary ICC investigation would have begun sometime between 2013 to 2015 and the Australian Government would have been aware that it might become one of the nations under formal criminal investigation.

CAUSE?

On 30 October 2017 the Presidency of the International Criminal Court (ICC) in The Hague was notified by the Prosecutor and on 3 November the situation in the Islamic Republic of Afghanistan was assigned to Pre-Trial Chamber III with the following composition: Judge Antoine Kesia-Mbe Mindua ,Judge Chang-ho Chung and Judge Raul C. Pangalangan.

The New York Times, 3 November 2017:

The International Criminal Court’s prosecutor said Friday that she would request permission to open an Afghanistan investigation, a step that may lead to the court’s first indictments of Americans for war crimes.

The prosecutor, Fatou Bensouda, has been collecting information on the war in Afghanistan for years. She has suggested before that she has evidence for a prosecution — not only of allegations of atrocities committed by combatants in Afghanistan, including the Taliban, the Afghan armed forces and the United States military, but of related crimes in other countries where C.I.A. operatives once held and tortured Afghan prisoners.

Ms. Bensouda said she would ask the judges in the court, which is based in The Hague, for authorization to pursue a formal investigation. If they agree, the Afghanistan investigation and any resulting indictments could pose a legal test for the United States — which does not recognize the court’s jurisdiction — to cooperate with it, especially if any defendants are American.

“In due course, I will file my request for judicial authorization to open an investigation, submitting that there is a reasonable basis to believe that war crimes and crimes against humanity have been committed in connection with the armed conflict in Afghanistan,” Ms. Bensouda said in a statement.

Should the judges grant her request, she said, her office will conduct an independent and impartial investigation into accusations of atrocities “committed by any party to the armed conflict.”

EFFECT?

ABC News, 11 July 2017:

Hundreds of pages of secret defence force documents leaked to the ABC give an unprecedented insight into the clandestine operations of Australia’s elite special forces in Afghanistan, including incidents of troops killing unarmed men and children.

The ABC can reveal that some of the cases detailed in the documents are being investigated as possible unlawful killings.

This comes a day after the ABC revealed the alleged cover up of the killing of an Afghan boy and another alleged incident in which a father and son were shot dead during a raid.

The documents, many marked AUSTEO — Australian Eyes Only — suggest a growing unease at the highest levels of Defence about the culture of Australia’s special forces as they prosecuted a bloody, secretive war against insurgents across a swathe of southern Afghanistan.

One document from 2014 refers to ingrained “problems” within special forces, an “organisational culture” including a “warrior culture” and a willingness by officers to turn a blind eye to poor behaviour.

Another document refers to a “desensitisation” and “drift in values” among elite Special Air Service soldiers serving in Afghanistan, while others allude to deep divisions between the two elite units which primarily comprise the special forces - the SAS based in Perth and 2 Commando Regiment based in Sydney.

A large proportion of the documents are reports on at least 10 incidents between 2009-2013 in which special forces troops shot dead insurgents, but also unarmed men and children.

The Inspector General of the Australian Defence Force is investigating at least two of the incidents as part of its inquiry into the conduct in Afghanistan of special forces, which includes alleged unlawful killing.

Have a smart phone? Want to help map and save Australian frog species? Then there is an app for you

The Australian Museum issued another app on 10 November 2017:

FrogID, lets you discover which frogs live around you and helps the Australian Museum count Australia's frogs!  

Visit the project website for more info.

The Sydney Morning Herald, 10 November 2017

Like the stars of stage, screen and Sesame Street, the 25-year-old green tree frog called Godzilla​ was immediately ready for his croak up.

When Godzilla saw an iPhone at the Australian Museum this week, the male frog hugged it. It was an appropriate response given that a new smart phone app called FrogID is being described as an "urgent rescue mission" to save frogs that are vulnerable or endangered.  

It's part of a national citizen science initiative to count Australia's frogs, which is being launched by the Australian Museum on Friday. 

The app developed by IBM works a bit like the music identification and discovery app Shazam by recording male frog's chirps, barks and croaks. After downloading the app and turning on the location to aid identification, all users have to do is hit record when they think they hear a male frog calling out to attract the females of its species. 

The museum's frog expert Jodi Rowley said frogs were often hard to identify by sight: some species look so similar that she sometimes has to inspect the front legs to find small differences. Like humans, each frog has its own "voice", and a larger frog will sound deeper than a younger, smaller frog. 

Of the 240 native Australian species, four frogs are already extinct, five are critically endangered, 14 are endangered and 10 are vulnerable, said Dr Rowley, the curator of amphibian and reptile conservation biology.

"Frogs are an incredibly threatened group of animals," she said. "Globally it is 42 per cent of all species [that are threatened], which is faster than birds and mammals. And one of the major obstacles in preserving frogs is a lack of knowledge."…..

Download info available at FrogID.net.au 

The American Resistance has many faces and these are just two of them (17)

Americans are resisting in their own ways everyday.

This woman won today with her one finger salute to our Commander in Chief Donald Trump. pic.twitter.com/Fz6LCsg8Xi

— Red T Raccoon (@RedTRaccoon) October 29, 2017

* The woman is this photograph was susequently fired by her employer, government contrator Akima LLC, a subsidiary of NANA Development Corporation