Saturday, May 21, 2011

Grubbgate: Why should journalists be immune?

The cyber world went into overdrive last week following the revelation that Sydney Morning Herald Journalist Ben Grubb was arrested by Queensland Police in relation to receiving images from a Christian Heinrich, a security expert, who had obtained them from a Facebook page that he was not entitled to have access to.

Lawyers, journalists and the Twitterati have been madly publishing harsh critiques of the police. Many inaccurate statements have been written which make the police look heavy handed and possessing questionable judgment. 

I read with some disappointment an article by Peter Black (whom I greatly respect and was my teacher at one point) from the QUT law school where he argues that:

This incident raises questions relating to the … the questionable judgment of the Queensland Police in deciding to pursue the journalist who reported the story (and not as yet the researcher who managed to obtain access to the private photos), and whether Australia’s laws provide proper safeguards for journalists.

But this commentary is at odds with the transcript of the interview between police and Grubb which was posted (the day prior to his article) by the SMH where it says:

EC: Yeah ok but unfortunately we can't deal with Christian right now for various reasons.

BG: He went on a plane?

From the overall tone of the interview it appears that Heinrich is the person in the sights of the police.  They even asked Grubb to provide a statement to be used against Heinrich.   Black also argues that “[t]he Queensland Police presumably saw [Grubb’s] story, with the photo, and believed that Grubb therefore may have had evidence relating to a criminal offence.”  Again he makes assumptions on matters that are found to be false.  The police only acted after receiving a complaint from Chris Gatford, the husband of the woman whose Facebook photos were obtained. 

Finally, Black argues that this is not a case of computer hacking under the Queensland Criminal Code.   He says that:

Section 408E of the Queensland Criminal Code Act 1889 deals with computer hacking and misuse.  However, as Heinrich did not use “a restricted computer without the consent of the computer’s controller” to obtain access the privacy-protected photo, that provision would not apply. 

I think this is a narrow view of the law.  While I yield to his credentials as a law scholar, I would argue that this charge cannot be thrown away so casually.

My reasoning is that Ms Gatford has secured her photo’s behind a password and restricted their access to non-friends.  What has occurred is that a backdoor was found in order to circumvent the safeguards imposed by Gatford.  To say that finding backdoors around security passwords to gain access to private information or photo’s is not hacking opens even wider problems for internet users.  The URL’s for the location of the photo’s are also protected by a code – the random URL.  It allegedly took Heinrich 7 days to work through and access the right URL code to obtain these photo’s.  Facebook and Ms Gatford had taken steps to protect these photo’s through a password and random URL links.  I think this would satisfy the definitions of restricted computer and controller in the computer hacking section of the Queensland Criminal Code.  But this is just my opinion on the law taking into account what facts are in the public domain. 

Where I feel the police have been harshly treated is that they received a complaint that an illegally obtained photograph was sent to a journalist who subsequently published it in the SMH.  What were they supposed to do?  Ignore the complaint?  No, they spoke to the only person available who could assist, Ben Grubb.  While the actual arrest was probably unnecessary in the circumstances, it was not unlawful.  I have also heard a ridiculous claim (by Terry O’Gorman, VP Civil Liberties Council) that police arrest powers are confined to cases of Murder or serious crimes.  That may be what Terry wants but it is not the law. 

The real problem here is that many people seem to think that journalists should be given a free pass.  If the data obtained were profiles (including photographs) from a child abuse victims support Facebook page (rather than an adults personal page) and this was sent to a known paedophile would the response be so harsh?  Would lawyers and journalists be up in alms about the rights of the paedophile to keep the photo or publish it online?  Why should journalists be treated differently?  Who says that journalists are always ethical?  They suffer the same flaws as the rest of us.  And some have been known to go over the top in their reporting. 

I for one don’t want the situation where police are given the choice of who to investigate and who to leave alone.  The police acted lawfully, professionally and appropriately.  Had Grubb not received and published the photograph in question, it would have been a great story on the security vulnerabilities in Facebook.  But to receive and publish other people’s private photographs in the paper, without their permission, overstepped the bounds of common decency and possibly the law. 

Wednesday, May 18, 2011

What historical figure would you most like to meet?

Jesus - Not because I'm overly religious but to see if what we're told today is a perversion or not

Ask me anything

Wednesday, March 23, 2011

Monday, March 7, 2011

An excellent piece on sexual discrimination

At this time, when gay marriage is back on the agenda, I thought it relevant to spread a good article written by the Honourable Justice Michael Kirby AM on the use of religion to defend discrimination against homosexuals.  Definitely worth a read.  At least for one side of the argument.

Saturday, February 26, 2011

How does a tax battle climate change?

Firstly, I am no scientist.  I am no economist.  I believe the majority of climate scientists agree in anthropogenic climate change.  This is purely my take on the rectification of climate change.

My problem with the carbon tax (apart from the lie / not  a lie argument) is that I don't see how this type of tax will reduce carbon emissions or have any effect on climate change.  To place a tax on how much carbon is released in the air has no bearing on the amount of carbon being released.  It simply charges an amount of money.  There is no cap on emissions. 

Surely, there needs to be a cap on the amount of emissions released and a way of forcing polluters to control and reduce the amount of emissions they produce.  Wasn't this the idea of the ETS? 

I haven’t seen any any better way of reducing emissions than an ETS.  We really need a sensible debate in the open air without politics coming into it.  But I think that is a fanciful idea!

Please give me your feedback on this debate and tell me if I have it way off on the carbon tax.

Sunday, December 19, 2010

I can’t believe my luck!

Yesterday I posted about the inheritance I am going to receive and now it looks like I am being courted by a wealthy Princess from Côte d'Ivoire!  I can’t wait to see what tomorrow brings! 

image

Saturday, December 18, 2010

I won’t be blogging anymore. I have been left some money!

This is to let you know that this will be my last blog!  I received this email today letting me know that I am the beneficiary of some money.   I think it is a lot of money, hence the mysterious nature of the “profitable and classified monetary transaction”!   

image

I’ve got to go.  I have to transfer $20,000 via Western Union to cover “transaction costs”.  I know that sounds like a lot but I have the “utmost commitment and trust” in Keith!

So I just wanted to thank you all for reading my blog.  I will think of you when I am sailing down the Riviera!