Assemblage, Counter-Law and the Legal Architecture of Australian Covert Surveillance

Brendon MURPHY, John Anderson

Research output: A Conference proceeding or a Chapter in BookChapter

Abstract

Surveillance practices are typically divisible between the activities of private and state actors. A complex system of regulated and unregulated activity is interfaced with legal architectures deployed to authorise, prohibit, regulate and often legitimate those activities. In this chapter we explore the Australian legal architecture of surveillance. A brief history of Australian surveillance legislation, a discussion of the current regulatory framework at the State and Federal level, and consideration of issues of privacy, accessible technology and the justifications for strategic targeted surveillance operations in the context of a risk society comprise this chapter. By framing the legal architectures, we illustrate how developed legal systems organise and articulate surveillance practices, and consider several uses and effects of these articulations.
Original languageEnglish
Title of host publicationNational Security, Surveillance and Terror
Subtitle of host publicationCanada and Australia in Comparative Perspective
EditorsRandy K. Lippert, Kevin Walby, Ian Warren, Darren Palmer
Place of PublicationCham, Switzerland
PublisherPalgrave Macmillan
Chapter5
Pages99-127
Number of pages29
ISBN (Electronic)9783319432434
ISBN (Print)9783319432427
DOIs
Publication statusPublished - 2016
Externally publishedYes

Publication series

NameCrime Prevention and Security Management

Fingerprint

surveillance
Law
risk society
legal system
privacy
legislation
history

Cite this

MURPHY, B., & Anderson, J. (2016). Assemblage, Counter-Law and the Legal Architecture of Australian Covert Surveillance. In R. K. Lippert, K. Walby, I. Warren, & D. Palmer (Eds.), National Security, Surveillance and Terror: Canada and Australia in Comparative Perspective (pp. 99-127). (Crime Prevention and Security Management). Cham, Switzerland: Palgrave Macmillan. https://doi.org/10.1007/978-3-319-43243-4_5
MURPHY, Brendon ; Anderson, John. / Assemblage, Counter-Law and the Legal Architecture of Australian Covert Surveillance. National Security, Surveillance and Terror: Canada and Australia in Comparative Perspective. editor / Randy K. Lippert ; Kevin Walby ; Ian Warren ; Darren Palmer. Cham, Switzerland : Palgrave Macmillan, 2016. pp. 99-127 (Crime Prevention and Security Management).
@inbook{b3b8800314be4ec3b2d7c146f723ab6c,
title = "Assemblage, Counter-Law and the Legal Architecture of Australian Covert Surveillance",
abstract = "Surveillance practices are typically divisible between the activities of private and state actors. A complex system of regulated and unregulated activity is interfaced with legal architectures deployed to authorise, prohibit, regulate and often legitimate those activities. In this chapter we explore the Australian legal architecture of surveillance. A brief history of Australian surveillance legislation, a discussion of the current regulatory framework at the State and Federal level, and consideration of issues of privacy, accessible technology and the justifications for strategic targeted surveillance operations in the context of a risk society comprise this chapter. By framing the legal architectures, we illustrate how developed legal systems organise and articulate surveillance practices, and consider several uses and effects of these articulations.",
author = "Brendon MURPHY and John Anderson",
year = "2016",
doi = "10.1007/978-3-319-43243-4_5",
language = "English",
isbn = "9783319432427",
series = "Crime Prevention and Security Management",
publisher = "Palgrave Macmillan",
pages = "99--127",
editor = "Lippert, {Randy K. } and Walby, {Kevin } and Warren, {Ian } and Palmer, {Darren }",
booktitle = "National Security, Surveillance and Terror",
address = "United Kingdom",

}

MURPHY, B & Anderson, J 2016, Assemblage, Counter-Law and the Legal Architecture of Australian Covert Surveillance. in RK Lippert, K Walby, I Warren & D Palmer (eds), National Security, Surveillance and Terror: Canada and Australia in Comparative Perspective. Crime Prevention and Security Management, Palgrave Macmillan, Cham, Switzerland, pp. 99-127. https://doi.org/10.1007/978-3-319-43243-4_5

Assemblage, Counter-Law and the Legal Architecture of Australian Covert Surveillance. / MURPHY, Brendon; Anderson, John.

National Security, Surveillance and Terror: Canada and Australia in Comparative Perspective. ed. / Randy K. Lippert; Kevin Walby; Ian Warren; Darren Palmer. Cham, Switzerland : Palgrave Macmillan, 2016. p. 99-127 (Crime Prevention and Security Management).

Research output: A Conference proceeding or a Chapter in BookChapter

TY - CHAP

T1 - Assemblage, Counter-Law and the Legal Architecture of Australian Covert Surveillance

AU - MURPHY, Brendon

AU - Anderson, John

PY - 2016

Y1 - 2016

N2 - Surveillance practices are typically divisible between the activities of private and state actors. A complex system of regulated and unregulated activity is interfaced with legal architectures deployed to authorise, prohibit, regulate and often legitimate those activities. In this chapter we explore the Australian legal architecture of surveillance. A brief history of Australian surveillance legislation, a discussion of the current regulatory framework at the State and Federal level, and consideration of issues of privacy, accessible technology and the justifications for strategic targeted surveillance operations in the context of a risk society comprise this chapter. By framing the legal architectures, we illustrate how developed legal systems organise and articulate surveillance practices, and consider several uses and effects of these articulations.

AB - Surveillance practices are typically divisible between the activities of private and state actors. A complex system of regulated and unregulated activity is interfaced with legal architectures deployed to authorise, prohibit, regulate and often legitimate those activities. In this chapter we explore the Australian legal architecture of surveillance. A brief history of Australian surveillance legislation, a discussion of the current regulatory framework at the State and Federal level, and consideration of issues of privacy, accessible technology and the justifications for strategic targeted surveillance operations in the context of a risk society comprise this chapter. By framing the legal architectures, we illustrate how developed legal systems organise and articulate surveillance practices, and consider several uses and effects of these articulations.

UR - http://www.mendeley.com/research/assemblage-counterlaw-legal-architecture-australian-covert-surveillance

U2 - 10.1007/978-3-319-43243-4_5

DO - 10.1007/978-3-319-43243-4_5

M3 - Chapter

SN - 9783319432427

T3 - Crime Prevention and Security Management

SP - 99

EP - 127

BT - National Security, Surveillance and Terror

A2 - Lippert, Randy K.

A2 - Walby, Kevin

A2 - Warren, Ian

A2 - Palmer, Darren

PB - Palgrave Macmillan

CY - Cham, Switzerland

ER -

MURPHY B, Anderson J. Assemblage, Counter-Law and the Legal Architecture of Australian Covert Surveillance. In Lippert RK, Walby K, Warren I, Palmer D, editors, National Security, Surveillance and Terror: Canada and Australia in Comparative Perspective. Cham, Switzerland: Palgrave Macmillan. 2016. p. 99-127. (Crime Prevention and Security Management). https://doi.org/10.1007/978-3-319-43243-4_5