5 ms·

Are the U.S. "gag orders" equivalent to this new Australian law?

• cyphar 8y ago
  No, the new law has no judicial review and has a few other things that wouldn't fly in the US. It's markedly worse (though don't get me wrong, the US definitely has it pretty bad in this area too).
  • girvo 8y ago
    You say that like FISA Courts are actually judicial review and not rubbing stamps... where you win is that you have a stronger set of rights and case law about it.
    • cyphar 8y ago
      The difference is that there isn't even fake judicial review. And I disagree that we have a stronger set of rights -- the difference is that the NSA explicitly ignores your constitutional rights. All of our rights (other than the right to a jury for certain criminal trials, freedom of religion, the aquisition of property must be 'on just terms', the right to be a senator if you can vote, and the right to vote in federal elections) are in common law. This means that any new law can overturn those interpretations. Personally I think Australia needs to push for a constitutional bill of rights. Unfortunately this is going to be a very hard battle to win, given the enormous requirements to get a constitutional amendment passed.