Publication: The limits of (digital) constitutionalism: Exploring the privacy-security (im)balance in Australia

Crime and Justice Research Centre members Dr Monique Mann and Dr Angela Daly, along with Justice PhD Candidate Michael Wilson, and QUT Law Associate Professor Nic Suzor recently published ‘The limits of (digital) constitutionalism: Exploring the privacy-security (im)balance in Australia’ in the International Communication Gazette.

 Abstract

This article explores the challenges of digital constitutionalism in practice through a case study examining how concepts of privacy and security have been framed and contested in Australian cyber security and telecommunications policy-making over the last decade. The Australian Government has formally committed to ‘internet freedom’ norms, including privacy, through membership of the Freedom Online Coalition (FOC). Importantly, however, this commitment is non-binding and designed primarily to guide the development of policy by legislators and the executive government. Through this analysis, we seek to understand if, and how, principles of digital constitutionalism have been incorporated at the national level. Our analysis suggests a fundamental challenge for the project of digital constitutionalism in developing and implementing principles that have practical or legally binding impact on domestic telecommunications and cyber security policy. Australia is the only major Western liberal democracy without comprehensive constitutional human rights or a legislated bill of rights at the federal level; this means that the task of ‘balancing’ what are conceived as competing rights is left only to the legislature. Our analysis shows that despite high-level commitments to privacy as per the Freedom Online Coalition, individual rights are routinely discounted against collective rights to security. We conclude by arguing that, at least in Australia, the domestic conditions limit the practical application and enforcement of digital constitutionalism’s norms.

Keywords

Cyber security, digital constitutionalism, human rights, metadata retention, online surveillance, privacy, security, securitization

You can read the full article here: http://journals.sagepub.com/doi/abs/10.1177/1748048518757141?journalCode=gazb#articleShareContainer

 

 

Young people working for peace

young leaders at UN

Dr. Helen Berents, lecturer in the School of Justice, recently published

Not just victims or threats: Young people win recognition as workers for peace

in The Conversation with her colleague from RMIT.

The article discusses the UN Security Council’s adoption of Resolution 2250 on “youth, peace and security.” Berents and Pruitt argue that the resolution changes the way the UN deals with young people by recognising their agency and work in conflict and post conflict contexts.

Read the full article here.

Recently published: “Human Rights, Policing and LGBT Young People”

Kelly     bba92eaa8999df5eb58b5db60b719029-bpfull[1]

QUT’s Crime and Justice Research Centre criminologists Dr Kelly Richards and Dr Ange Dwyer recently published their work in a special issue of the Australian Journal of Human Rights on ‘Policing and Human Rights’. Drawing on their combined expertise in the areas of youth justice, policing, and Lesbian, Gay, Bisexual and Transgender (LGBT) young people, the article, ‘Unspeakably present: The (un)acknowledgment of diverse sexuality and gender human rights in Australian youth justice systems’, urges that the human rights of LGBT young people in contact with the justice system be kept on the agenda.

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