Blockade Australia climate activist Greg Rolles is living in a digital dystopia. Since late June, he's been forced to surrender his computer and mobile phone for police inspection at any moment, revealing passwords on demand. The draconian bail conditions imposed on some protesters, including himself, have sparked concerns about the erosion of civil liberties.
Rolles' plight begins with the restriction on using encrypted apps like Signal or WhatsApp. His only allowed device is a single mobile phone, and he's prohibited from possessing or accessing any encrypted communication devices or applications. The vagueness of this provision has left him worried about its enforcement.
"I'm quite afraid of how that'll be enforced," Rolles said. "I definitely always have that kind of background anxiety – will the police just knock on my door? If a police officer was a bit annoyed at me, could they say, 'you've been making phone calls, that's encrypted'?"
The implications are far-reaching, as encryption is fundamental to modern communications technology. Large swathes of the internet are encrypted, and apps from online banking to streaming services rely on this security measure.
Defence lawyer Mark Davis, representing some Blockade Australia activists, has criticized the bail conditions for their vagueness. "It used to name the things you couldn't have, and then they made it all encrypted communication," he said. "It could be you're on your PlayStation."
The non-association rules also raise concerns. Rolles is prohibited from associating with 38 people, including friends, even if it's just liking a post on social media. The lack of specificity about what constitutes an association has left him feeling anxious.
Facebook 'thumbs up' lands activist in hot water
One of Rolles' colleagues had a run-in with the police after reacting to Facebook comments shared by friends who were also allegedly part of Blockade Australia activities. A "thumbs up" emoji was enough to spark concerns about potential breaches of bail conditions.
Jane Sanders, principal solicitor at the Shopfront Youth Legal Centre, believes these bail conditions are extreme and not typically seen in her experience, apart from cases involving serious crimes like drug trafficking or child abuse material.
"A thumbs up is not much in terms of communication," one activist said. "The fact that the state finds that threatening – people talking and sharing our ideas – is very telling."
NSW Council for Civil Liberties president Josh Pallas has criticized the restrictions on communication and technology, suggesting they abuse the purposes of the Bail Act.
"They are peacefully protesting. Where is the threat to security?" Pallas asked.
Alice Drury, legal director of the Human Rights Law Centre, is also concerned about the loosely written bail conditions. "Police discretion should never be that uncontrolled," she said.
For Greg Rolles and many others, the struggle for app user experience has become a daily reality. The implications are far-reaching, and the erosion of civil liberties must be addressed to ensure a free and open internet.