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Bill: [RP Law]: Surveillance and Information Collection Act
Details
Submitted by[?]: Nacia Konservativa Partio
Status[?]: passed
Votes: This is an ordinary bill. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.
Voting deadline: September 4213
Description[?]:
| AN ACT to establish the necessary provisions for the interception of communications, the disclosure and procurement of data relating to/originating from communications, the carrying out of covert operations, the use of human intelligence, signals intelligence, Geo-spatial intelligence, Open-source intelligence, Technical intelligence and cyber intelligence, in order to completely cover the functions of the Federal Security Agency, the General Military Intelligence Office, the Federal Intelligence Agency, the Cyber-Security Agency, the Counter Terror Administration, the Zardic Communications Agency and the Information Dominance Agency. Article 1: Procurement and Disclosure of information data. Section (A): Information can be procured by a person, with the necessary authorization throughout various information sources and apparatuses which include:- (i) Open-source intelligence (ii) Human intelligence (iii) Geo-spatial intelligence (iv) Signals intelligence (v) Cyber Intelligence (vi) Technical intelligence Section (B): Information can be procured by a person, with the necessary authorization through various telecommunications and general media sources which include:- (i) Telecommunications networks (ii) Electronic media (iii) General communications networks. Section (C): Information defined to be sensitive by the Information and Content Curation Division of the Information Dominance Agency, can be released after a set time established by the Information and Content Curation Division of the Information Dominance Agency provided that it is does not endanger national security. Section (D): Information defined to be extremely sensitive by the Information and Content Curation Division of the Information Dominance Agency, can be released after a set time established by the Information and Content Curation Division of the Information Dominance Agency with permission from the Ministry of Defence, the Ministry of Internal Affairs and the Office of the President. Article 2: Interception of Communications Section (A): Communications originating from telecommunications networks, Electronic Media and General communications networks can be intercepted in order to gather information on individuals both inside and overseas as to determine their intentions, whether they are a threat to national security. Section (B): Communications interception is to be conducted through the Counter Terror Administration for law enforcement agencies and the Zardic Communications Agency for military and foreign intelligence agencies. Communications interception by law enforcement agencies cannot be conducted by the Zardic Communications Agency, and Communications interception by military and foreign intelligence agencies cannot be conducted by the Counter Terror Administration. Article 3: Authorization for Communications Interception and Data Procurement. Section (A): Communications Interception and Data Procurement is authorized by the Sub-Committee on Intelligence Policy and Review of the National Assembly's Select Committee on Committee on Intelligence and National Security. Section (B): Legal authorization for communications interception (surveillance) and data procurement is to be gained/obtained via a Warrant of Surveillance from the Supreme Court Section (C): If a person who has reason to believe that they are unlawfully being surveilled, he/she can bring the matter to the Supreme Court. If it is seen/identified that a Warrant of Surveillance was not obtained, surveillance of said person must end within immediate effect and all data gained destroyed under the authorization by a private tribunal conducted by the Committee on the Judiciary and Laws after a review of the information/data shows that what was collect is not crucial for the safeguarding of national security. NOTE:- A Person who is defined as a threat to national security partake in the following acts:- *He/She has shown/is showing intentions of perpetrating/has perpetrated acts such as terrorism (might it be biological, chemical or nuclear), Transnational crime (might it be human trafficking, corruption, arms and drug trade, or other extremely illicit activities), Espionage (might it be military and/or nuclear), as well as Corruption. *He/she has shown/is showing intentions/traits of assisting foreign agents/external elements against the state. This includes, Harbouring Foreign Agents of Espionage and Sabotage(might it be hiding them, lying on their behalf or safeguarding their integrity), Assisting in the advancement of the operations of foreign agents/external elements (might it be collecting data on their behalf, sabotaging equipment/objects on their behalf, committing acts of murder on their behalf and executing any mission on their behalf). Article 4: Surveillance Section (A): Persons who are seen/identified as a threat to national security can be surveilled via wire-tapping, the use of street cameras and human executed surveillance (someone physically spying on someone) Section (B): Persons who are seen/identified as foreign agents of either espionage or sabotage can be surveilled via wire-tapping, the use of street cameras and human executed surveillance (someone physically spying on someone). Section (C): Persons who are seen/identified to be assisting foreign agents of sabotage or espionage or persons who are a threat to national security can be surveilled via wire-tapping, the use of street cameras and human executed surveillance (someone physically spying on someone) Section (F): Surveillance, Communications Interception and Data Collection, CANNOT to be conducted in bulk. In Bulk meaning, surveillance, communications interception and data collection cannot be conducted on the entire population, or a community, or a collection of individuals. But should only be conducted on a case-by-case , person-by-person basis with permission to do so being obtained through a Warrant of Surveillance from the Supreme Court Upon completion of vote, this legislation shall be forced into immediate effect and shall be used by the various law enforcement and other domestic and external intelligence agencies as a means of complete information data collection. **This roleplay law (legislation bill) requires an absolute majority vote to the passed and in a similar fashion would require a absolute majority vote to either be abolished or amended. |
Proposals
Article 1
Proposal[?] to change Right to privacy.
Old value:: Individuals have a right to privacy, but the courts can force individuals to give information on certain matters if needed. (also known as Habeas Data).
Current: Individuals have a right to privacy, but the courts can force individuals to give information on certain matters if needed. (also known as Habeas Data).
Proposed: The government has the right to monitor information of individuals without letting them know.
Debate
These messages have been posted to debate on this bill:
| Date | 00:12:34, May 18, 2017 CET | From | Nacia Konservativa Partio | To | Debating the [RP Law]: Surveillance and Information Collection Act |
| Message | Mr. Speaker, I open the legislation for debate. Cauho Filoksenido Minister of Internal Affiars (Former Counter-Terrorism Administration Director) |
| Date | 06:57:22, May 18, 2017 CET | From | Liberecana Unio | To | Debating the [RP Law]: Surveillance and Information Collection Act |
| Message | Honorable Mr. Filoksenido, The rights of the criminally accused, including due process, a speedy trial, legal counsel, and the legal presumption of innocence until proven guilty, must be preserved. The same applies for surveillance. Only the courts, whose decision can be overturned by the supreme court, should be able to authorise such absolute surveillance, after being presented with enough evidence by the intelligence agencies. This is our population we are talking about, who voted for you. This is their right to privacy which is being infringed upon. Of course we should fight terrorism, especially in the now so commom communist form, but we cannot sink to that level. We can of course monitor public areas using street cameras and other means, public means govt. Property. But monitoring individuals, using their electronic devices without their consent or the authorisation of the courts? That is simply immoral and such great power may become corrupted and misused. Speaker Maršo Petkido, Candidate for President of the Liberecana Unio. |
| Date | 11:53:28, May 18, 2017 CET | From | Nacia Konservativa Partio | To | Debating the [RP Law]: Surveillance and Information Collection Act |
| Message | Mr. House President, From the statement made by Mr. Petkido, it is extremely clear that the members of his party, including himself did not clearly and properly read through the provisions of this legislation. Article (2) has a two layer authorization check for surveillance and data procurement. In section (A) it stated that Surveillance and Data Procurement is authorized by the Sub-Committee on Intelligence Policy and Review and that legal authorization of Surveillance and Data Procurement is to be obtained through a warrant of surveillance from the Supreme Court. Something can be authorized but not legal, therefore the supreme court and the warrant of surveillance is the second most important provision on this legislation. It has been stated that surveillance cannot be legally conducted with a warrant of surveillance. The provisions even brings it further to protect the interests of the individual by stating, "If it is seen/identified that a Warrant of Surveillance was not obtained, surveillance of said person must end within immediate effect and all data gained destroyed under the authorization by a private tribunal conducted by the Committee on the Judiciary and Laws after a review of the information/data shows that what was collect is not crucial for the safeguarding of national security." Surveillance is not to be conducted in bulk, meaning the government communications agencies cannot conduct large-scale surveillance on an entire group or congregation of persons (but it is to be conducted on a person-by-person basis). I would like to make it clear to the previous speaker that street cameras and "other means" are not going to help this state curb the influence of terrorism and communism, street cameras and "other means" is not going to tell us when next said persons will strike a blow against the state. It is in itself irrational for the previous speaker to say that surveillance will be conducted without the authorisation of the courts when there are provisions discussing authorisation procedure and the Supreme Court. Any person is free to inquiry as to whether they are being surveilled or not. Nevertheless, it is not going to be publicly announced that person X is going to be under surveillance for reason Y. It tarnishes the effectiveness of intelligence gathering. For example:- If it were to be a Jelbanian Political Spy, whom is being surveilled. I believe that it would be ineffective for a public announcement of any kind to be made, saying "Mikuni-Hulstrian Political Spy X is under surveillance." By publicly disclosing that information, we are allowing external and even internal agents of crisis to take advantage of that. In simpler terms, they will be able to run away to place where we have not jurisdiction. I ask the previous speaker to read through the provisions of this legislation properly and thoroughly and then come back with a reasonable debating point. Cauho Filoksenido Minister of Internal Affiars (Former Counter-Terrorism Administration Director) |
| Date | 00:45:01, May 19, 2017 CET | From | Liberecana Unio | To | Debating the [RP Law]: Surveillance and Information Collection Act |
| Message | Sir Minister of Internal Affairs, After reviewing the bill again, we cannot ideologically agree to the bill, but in the current state of crisis we have to pragmatically accept the bill under the following conditions: 1. Due to the tax payer carrying the financial burden of the surveillance, we have to cut the sheer number of agencies: Merge them in to two distinct intelligence agencies, one being military/foreign intelligence and the other being civil/internal intelligence, under the direct control of their respective cabinet members/ministries: the ministry of Defence and Internal Affairs. Those being of course under the direct control of the National Assembly and the President of the Federation of Zardugalo. 2. Article (1) Section C & D; for both sections, the information should become public domain after a set period of time, no excuses (it can be of course after 50 years or whenever decided and depending on the sensitivity of the information), but the time should be set, and undisputed, unless the country at moment of reveal is experiencing an officially roclaimed state of emergency. Then it shall be postponed to as soon as the state of emergency passes. Furthermore, the Ministry of Internal Affairs, the Ministry of Defence, the National Assembly and the President should have the authority, to reveal the surveillance information sooner than the decided date. 3. The interception of any data, unless it is public domain, should be, as you mentioned, first be approved and warrented by a panel of either transpartisan members, who are appointed by the National Assembly, or consist of members equally representing every registered party of Zardugalo, to avoid abusing surveillance for political benefit. 4. The panel should have no people with prior history of corruption and they can not work on the side either, or even after quitting the job, these former members can only seek new employment after a set period of time, to ensure that they did not simply make life better for themselves. In the meantime they will be kept payed an above average wage, until they are free to seek out work. The wage should be above average to avoid bribery. 5. All surveillance (as mentioned by this point cannot be repeated enough), unless consented by the surveilled in advance, may only be conducted after a warrant issued by regional courts, and can be overturned by the supreme court. And all surveillance should be on a case by case basis, with rule number one: Innocent unless proven guilty, not the other way round. Everyone has the right to appeal to the courts, to find out if they are under surveillance or not, and contest the decision of said surveillance. 6. Politicians have no right to issue warrants, not even the president, but the president and the National Assembly can overturn a warrant, unless it concerns themselves. 7. The courts and the independent panel for deciding who should be surveilled or not should Always be having in mind the right to privacy and the holiness of private property when deciding to issue warrants. 8. Public areas and data in public domain can be surveilled as much as you like (street cameras, public posts etc.) 9. After the passage of the bill, with the above mentioned amendments if you agree, the bill should be easily accessible in public domain and all government owned media companies (TV, Radio, Paper, Internet) should have at least one public announcement about this bill as the people, the electorate, has a right to know that they are potentially being watched. But at the same time, it would be a sign of openness of the government and return public trust. It should also calm any public unrest as a) they do not want to be surveilled b) it is better if we tell them, than some radical communist Newspaper. 10. This bill should be able to be overturned by a constitutional majority in the National Assembly any day (as you mentioned). Thank you for your understanding, Maršo Petkido |
| Date | 03:24:06, May 19, 2017 CET | From | Nacia Konservativa Partio | To | Debating the [RP Law]: Surveillance and Information Collection Act |
| Message | Mr. Speaker, 1. The government agencies mentioned above belong to government ministries, the honorable gentleman could look into this information himself. 2. Pertaining to the information brought through surveillance and data collection it would be irrational for the intelligence agencies to release highly sensitive information into the public domain. It is national law: classified files are released after a set period of time provided doing so is not deemed to endanger national security. Matters pertaining to terrorism and crimes against the state will not be issue unless it is deemed fit to be released by the intelligence community. 3. Combining politics with surveillance is what makes the matter of surveillance corrupt. That is why the matter of the legality of surveillance and information collection is being left to the Supreme Court. 4. With respect to the Committee, corruption on a government committee is a matter of the Internal Affairs Ministry and the National Assembly. In-order for someone to be placed in a committee of the national assembly background checks are conducted. 5. Surveillance and Information collection should not be micromanaged on the regional scale. It is a national matter and therefore would be done through a national court, that being the Supreme Court. It is the obligation of the Committee for the Constitution (similar to the Supreme Court) to ensure that the executions of the provisions of this legislation do not breach the constitution in any or fashion. As stated in the legislation surveillance will be conducted on a person-by-person basis. Surveillance will not be conducted in bulk. If the member reads the provisions of the legislation adequately he will see that these points are mentioned and cover in the legislation. 6. Politicians do not have the right to issue warrant. It is the Supreme Court who issued the Warrant of Surveillance. It is stated in the legislation's provisions. 7. The surveillance and information collection act will target persons whom the intelligence community have identified to be persons aimed at orchestrating acts against the state. 8. [No comment] Cauho Filoksenido Minister of Internal Affiars (Former Counter-Terrorism Administration Director) |
| Date | 07:50:46, May 19, 2017 CET | From | Liberecana Unio | To | Debating the [RP Law]: Surveillance and Information Collection Act |
| Message | Mr Minister, After reading the bill, we thought it was appropriate to highlight said points, we acknowledged, that you have mentioned them. Furthermore, it saddens us that you may not have noticed, but we suggest simply merging the agencies to reduce the financial burden on tax payers. Furthermore we are still saddened, that you were not willing to provide the openness we requested. With all due respect, it might not be too surprising, but we will be voting against. Speaker Maršo Petkido Candidate for President |
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Voting
| Vote | Seats | |
| yes | Total Seats: 400 | |
| no |
Total Seats: 0 | |
| abstain |
Total Seats: 0 |
| Random fact: Zardugal is a nation based on the old Byzantine Empire, with a modern twist and the Esperanto language. Zardugal is located on the continent of Majatra. |
| Random quote: "To live anywhere in the world today and be against equality because of race or color is like living in Alaska and being against snow." - William Faulkner, Essays, Speeches and Public Letters |