Attorney Client Privilege

One of the greatest reasons of ever needing to go to a lawyer today.

The federal government has recently introduced Meta Data laws[1], which authorise them to store all your communications for years[2].  This has little to do with prevention of crime in progress, for they already have the power through court order and warrant to tap your communications if you are a suspect[3].

This is about if ever, they, for any reason get a sniff of you, not only now but in years to come, they can then have access to the metadata of each and every private communication you had with anyone by phone call, sms, Facebook, twitter and every other electronic communications like personal emails[4] and even all your transactions to now dig up and dig through for the last few years to find dirt on you.

Do YOU really want Government to have such power in the name of fighting terrorism?

Or is it a total invasion of our private and personal lives?

People online who are in desperate situations turn to Facebook discussing their private lives in “private forums or groups[5]” looking for justice and feeling oppressed.   Their personal legal problems are discussed publicly in desperate hope for answers and I look at these groups some with over 30,000 members aghast at how people are incriminating themselves unwittingly and also being horribly misled.

The people that post to these groups give this personal information freely and publicly out of sheer hope for justice.  One reason I keep telling them to go to a lawyer is Attorney Client Privilege.

Everything you ever discuss with anyone and everyone is recorded, your only hope for privacy is going to see a lawyer (in person) to discuss your legal problems, but many people are disillusioned with lawyers and injustice – sometimes the system and justice are miles apart[6].

The public are more critical of the legal system nowadays, and people who turned to it often came away disillusioned[7].. Many fear lawyers and many more can’t afford one.

Yet they are online desperately looking for answers for Information and the problem is, our online communications are not privileged, if discovered it can be used against you in a Court of Law, your communication with everyone and anyone electronically.

It begs the question then how is it any different to your communications with a Lawyer?  Well at least that cannot be used as evidence against you in court…. However it can still be used against you to gather evidence of your patterns of behaviour and who you talk to justify a warrant.

More over the scope of the information they look for and retain is not strictly limited to the contents of the schedule embodied in legislation[8], the legislation gives the Minister of the day broad sweeping powers and discretion to add and change this[9], no surprise this Act was passed with bi-lateral support.

What ever happened to our society, I grew up hearing stories of the War Time and how lest we forget the lives lost for our freedoms and liberty.

Yet to my shock in plain sight with mostly silent resistance the legislation passes with support of both parties which now means the only private communication you have from now on is face to face, physically meeting each time you talk or the information is not private nor privileged.

Lest we forget the freedoms and liberties we once had.

Foot Notes/References

[1] Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 https://www.comlaw.gov.au/Details/C2015A00039

[2] Ibid at S. 187C  Period for keeping information and documents

[3] Telecommunications (Interception and Access) Act 1979 No. 114, 1979 Compilation No. 86 at Part 2‑2—Warrants authorising the Organisation to intercept telecommunications

[4] Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015  at S.187AA  Information to be kept

[5] Know Your Rights https://www.facebook.com/groups/602044286578320/; Get out of Paying Fines, Rego https://www.facebook.com/groups/267019736786739/?fref=nf

[6] No justice: It's called the justice system but sometimes the system and justice are told apart. [online]. A Current Affair (NINE NETWORK); Time: 19:00; Broadcast Date: Thursday, 21st August 2014; Duration: 5 min., 51 sec. Availability: <http://search.informit.com.au.ezproxy-b.deakin.edu.au/documentSummary;dn=TSM201408210004;res=TVNEWS> [cited 20 Jul 15].

[7] Legal system under scrutiny', 1998, Nelson Mail, The, 27 August, Newspaper Source Plus, EBSCOhost, viewed 19 July 2015.

[8] Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015  at S.187AA  Information to be kept.

[9] 151  Obligation to keep records (2) The Minister may, by legislative instrument, prescribe kinds of documents and other materials that the chief officer of a criminal law‑enforcement agency must cause to be kept in the agency’s records.