High-tech stalking the new front in domestic violence

Smartphones are the new stalking weapon, a senate committee has heard.Smartphones are the new stalking weapon, a senate committee has heard. Photo: Eddie Jim

Smartphones are increasingly being used to stalk and harass women in Australia, a Senate inquiry into domestic violence has been told.

Not only are they used to bombard women with texts and calls, they can also be used to track a victim through Facebook entries, phone-location apps and GPS.

Women’s Services Network chairwoman Julie Oberin also told the inquiry last week a perpetrator would, in some cases, secretly download spyware onto their partner’s phone, which enabled them to read emails and texts, see who they talked to and what they were searching on the internet. They could also potentially use the phone to listen in on conversations.

Ms Oberin first noticed that the domestic violence challenge was changing when women she was putting in safe houses in regional Victoria started to be found by their ex partners.

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“We had one particular case where two of our clients were on a bus going from the refuge to the shopping centre,”she said. “When the bus pulled up at a bus stop, the partner of one of the women got on and started ordering her back home. He wasn’t even supposed to know that she was in that town.”

Ms Oberin and her colleagues worked out that the woman had been found through her smartphone. “That was pretty scary for us as refuge workers to realise that this is a brave new world.”

More than 80 per cent of domestic violence workers surveyed by the Domestic Violence Resource Centre Victoria last year said smartphones and social media were being used to stalk victims.

Similarly, Women’s Legal Services NSW solicitor Alex Davis said that for about 80 per cent of the clients she sees for family law, domestic violence and sexual assault issues, smartphones will be a factor.

Sharon Clark, who manages a Berry Street family violence service in North Melbourne, said women are now instructed to switch their phones to flight mode when they first present for support. About 18 months ago, Ms Clark and her team changed their standard introduction form to include questions such as: Who set up your phone? Who set up your Facebook account? Who has access to your passwords?

When talking to domestic violence workers, Fairfax Media heard examples of men “gifting” their children with smartphones containing spyware and of victims not realising how their different accounts – for example email, YouTube and mobile – may be synched.

Those within the sector say the challenge is to educate victims, police and community workers about how to use smartphones safely and to get the necessary funds to do this. But the technology is also changing quickly. Last week, the Women’s Services Network received a call about a woman who was being sent videos of herself in her lounge room by a former partner. He had been hacking her smart TV.

There is also concern about the arrival of spoofing technology in Australia. This allows people to pretend to be someone else – either via text messages or phone calls. The technology also exists to alter voices from male to female, which could enable a perpetrator to call police, banks and phone companies and impersonate their victim.

US domestic violence and technology expert Cindy Southworth visited Australia last month and met with Minister Assisting the Prime Minister for Women Michaelia Cash. Ms Southworth stressed that the smartphone technology does not cause abuse, it just facilities it. “Essentially, it is misogyny plus technology equals high-tech stalking.”

She said the answer for victims was not to simply turn off their phones. Victims of abuse not only had the right to be able to use the same technology as anyone else – they needed it to work and access support networks .

Smartphone technology also provides important opportunities for women to install apps to message friends or emergency services if they are in trouble, and allow them to collect evidence from perpetrators. This includes taking screen shots of abusive texts and using their phone’s camera and GPS co-ordinates to show a partner has breached an apprehended violence order.

Ms Oberin said: “Women have got to be embracing and in control of technology.”

Tips for smartphone security:

Lock your phone with a code and do not share it with anyone.

Turn off the GPS on your phone.

Turn off Bluetooth on your phone when not in use.

Avoid buying a “jail-broken” phone (that has removed the manufacturer’s restrictions) as this will be much more vulnerable to spyware.

If you think you are being monitored by a partner:

It may be dangerous to change your behaviours, such as suddenly deleting your history, as an abuser may become suspicious.

Use a safer device – such as a library computer – to research an escape plan.

Sources: National Network to End Domestic Violence, Safety Net Australia

In Australia, about one in three women has experienced physical violence and almost one in five has experienced sexual violence since the age of 15.

If you or someone you know is experiencing domestic or family violence, call 1800RESPECT or 000 in an emergency. 

Phone safety resources:

wesnet.org.au/safetynet/technology-safety/

techsafety.org

Read more: http://www.smh.com.au/federal-politics/political-news/hightech-stalking-the-new-front-in-domestic-violence-20141017-117lqs.html#ixzz3Gfvoqd9Q

More innocent people being harassed, stripped and detained by police

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Another prime example of the public being harassed under the new laws. How many other church groups do they intend to get off side.

 

 

Queensland bikie laws breach international fair trial standards – Amnesty International Australia

Queensland bikie laws breach international fair trial standards

5 November 2013, 05:21PM Topics: Other

Queensland\’s new bike laws do away with the notion of innocent until proven guilty which could lead to arbitrary detentions and an undermining of the independence of the judiciary.

Amnesty is concerned prosecutions under the new Queensland bikie laws

fail to meet international fair trial standards.

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Mandatory sentences

The laws give mandatory sentences of up to 25 years in addition to a standard sentence where a person is accused of being a member and/or officer of a criminal association.

“The laws passed are aimed at cracking down on ‘outlaw bikie gangs’ but potentially affect a wider group of people, including those that aren’t affiliated with bikie groups, something the Queensland government has failed to acknowledge,” said Michael Hayworth, Amnesty International Australia spokesperson.

“We share concerns already voiced by the Queensland Law Society, Australian Lawyers for Human Rights and Queensland Council for Civil Liberties.\”

Broad laws cover all associations not just bikies

“One of the major issues we have is the language of the Act is so broad that in Amnesty International’s experience, they are open to abuse,” said Hayworth.

The laws focus on associations of people which include corporations, unincorporated associations, clubs or leagues or any other group of three or more people whether the group is legal or illegal.

Covering more than just ‘bikie gangs’ the laws define people as ‘participants’ in associations where they are a member, sought to be a member, attended more than one meeting or participated in any other way in the affairs of the association.

There is no mention of bikes or criminal activity in the definition of association.

A participant is deemed to be a ‘vicious lawless associate’ when they commit a declared offence while they are participating in the association.

The laws reverse the burden of proof, forcing those accused of being ‘vicious lawless associates’ or ‘office bearers’ of the association to prove that they are not participants in criminal associations. This severely undermines the right to be presumed innocent until proven guilty that all Queenslanders enjoy.

Michael Hayworth, Amnesty International Australia spokesperson

The difference here is that the individual must prove that the association doesn’t exist for the purposes of engaging in declared criminal offences.

A ‘vicious lawless associate’ is then sentenced to 15 years jail on top of the sentence they receive for the declared offence.

If the person is an officer of the association and cannot prove otherwise they are liable to a further ten years.

Guilty until proven innocent?

“The laws reverse the burden of proof, forcing those accused of being ‘vicious lawless associates’ or ‘office bearers’ of the association to prove that they are not participants in criminal associations,” Hayworth said.

“This severely undermines the right to be presumed innocent until proven guilty that all Queenslanders enjoy.”

The combination of the broad definitions and the requirement for the accused to prove their innocence makes any sentence under these new laws fundamentally unfair .

Arbitrary detention

“Along with a right to be presumed innocent until proven guilty, everyone has the right to liberty. But these laws turn this concept upside down.”

This means the state can only put someone in prison (and therefore remove their liberty) when they have proved beyond a reasonable doubt that that person is guilty of a recognized criminal offence.

The changes to the bail laws mean that courts have little option but to refuse bail to those accused of participating in criminal organisations, unless the person demonstrates reasons that they should not be in jail.

“There are two problems here: (1) the burden of proof is reversed, meaning the accused person has to prove they should not be in custody rather than the state proving they should be in jail; and (2) people have the right not to be in prison, even before a trial, unless it is proven to be necessary,” Hayworth warned.

Pre-trial detention under these circumstances could potentially be arbitrary and inconsistent with the most basic standards of human rights law.

Interference with the judiciary

“The unfairness of trials, arbitrary detention and attacks on the presumption of innocence are not the fault of the courts. They are a direct result of the government’s attempts to crack down on criminal associations.

“These laws and the government’s statements on cases before the courts represent a significant overreach of parliamentary and executive power.

“Amnesty International is calling for the legislation to either be reversed or completely overhauled to address these serious breaches of human rights,” Hayworth added.

via Queensland bikie laws breach international fair trial standards – Amnesty International Australia.

One bikie’s view: Unions are the real target for government | Toowoomba Chronicle

One bikie’s view: Unions are the real target for government | Toowoomba Chronicle.

FIRSTLY, I would like to thank your team for doing an excellent job of reporting the issues at hand with regards to the VLAD laws.

While there is no doubt some of your readers who are right now looking at this and saying to themselves “My god he’s banging on about this again…” this is most definitely an issue that affects every single one of us and the fact that the Attorney General/Minister for Justice took an interest to address me personally should be proof enough that they are scared of what I have to say.

They are trying to play magic tricks to misdirect the true topic and what is actually at stake here.

While the Premier’s team is happy that VLAD is being addressed as the “bikie laws” we need to remember that bikies, bikers, motorcycle riders, mechanics, Donald Duck and the tooth fairy are never mentioned once in the legislation (sidebar – does anyone else think it is strange that these laws were seemingly whipped from someone’s posterior overnight?

I am sure that nobody is gullible enough to believe it. For a 29-page document to be introduced as a new law it takes a vast amount of time to draft, write, rewrite and scrutinise before it’s released, which can take 12-18 months or more).

The reason why none of the above were never mentioned was because these were not the criminal organisations that were in the sights of the government. The government was waiting to use these laws to dissolve unions and strip away the rights of every worker in Queensland.

Now you may be wondering how the hell this would happen, and I wouldn’t blame anyone for not only asking the questions but possibly using any number of expletives while they were at it.

It is simple and explained conveniently in the new laws themselves.

But to get to the point I will say that it only takes a union member in a picket line to start a bit of push and shove, and for someone’s personal property to be damaged (whether it be a skinned knee or a broken rear view mirror), and that can be called an illegal act and common practice in the union (organisation).

It can as such be declared a criminal organisation and, at the whim of the government and with the swipe of a pen, that union can be added to the list of banned organisations along with the 26 bikie gangs (even though one is fictitious).

Seems fairly logical that they amend the laws to include places where these criminals cannot work (construction and tow truck operators are the two largest unions in the country – the Trades union and Transport Workers Union)

Now guess what has happened after the unions have been added to the list of criminal organisations?

Nobody has any rights to gathering over anything work related.

Forget about nurses’ or teachers’ strike action – you will be told “go back to work or be arrested”. Now as it turns out, bikers were thrown into the crosshairs of the government with all this simply because a few peanuts marched into the Broadbeach Police Station and carried on like pork chops.

These laws are not only not needed (laws have been in place for hundreds of years to deal with criminals based on evidence, proof and due process of the law) but they strip away the rights of every man, woman and child in Queensland.

Personally I cannot wait until the Premier’s office chokes down this letter, as I am sure that at least one person there will have a conniption over this.

But to you, the readers, looking at this and scratching your heads, I will simply say that if you do not believe me then do not take my word on any of this.

VLAD is available for anyone to look at and I hope that you do.

Neil Briscoe, Warwick