Quick link: decriminalise abortion in NSW

This article originally appeared on Hoyden About Town.

In 2013 and 2014 there was a push to introduce legislation which incorporated fetal personhood into law in NSW: Crimes Amendment (Zoe’s Law) Bill (No. 2) 2013. See for example Julie Hamblin’s commentary at the time on how such legislation could be used to further restrict access to abortion in NSW, even when the stated purpose is to allow for abusive violence to fetuses to be punished. The bill passed the Lower House of NSW Parliament but was never put to the Upper House, and thus lapsed in November 2014 when the 55th Parliament ended. It never became law.

Leslie Cannold, speaking to a Greens forum in September 2013 (video here, not subtitled) called on NSW to not only fight a rear-guard action in defending pregnant people seeking abortions from further rights being granted to fetuses, but to follow Victoria (and later Tasmania) in decriminalising abortion entirely. And now Greens MLC Dr Mehreen Faruqi, is campaigning for the decriminalisation of abortion in NSW. Here are some of the facts about abortion access in NSW her flyer gives:

The laws surrounding access to abortion in NSW are very confusing. Abortion is currently in the Crimes Act (Sections 82-84), although court decisions have established that abortion will not be unlawful if a doctor reasonably believes it is necessary to save the woman from serious danger to her life, or mental or physical health[…]

In NSW, an abortion is unlawful unless a doctor deems that a woman’s physical, psychological and/or mental health is in serious danger. The criterion of ‘mental health’ can include economic and/or social factors[…]

Any amendments to the Crimes Act, such as those proposed by supporters of foetal personhood laws risks changing that interpretation. By removing abortion from the Crimes Act, it will no longer be a criminal offence and women and their doctors will no longer have to rely on the interpretation of the law by a court in each case in order to avoid criminal liability.

Learn more about the campaign at the Decriminalise Abortion page on Faruqi’s website. You can help by signing the online petition in support of decriminalisation or collecting signatures offline.


Featured image credit:
Pro_Choice_March-Texas_State_Capitol-2013_07_01-9378.jpg
by ann harkness on Flickr.

Quick links: nothing to hide

This article originally appeared on Hoyden About Town.

Data retention is coming to Australia very soon.

[Data retained] includes your name, address and other identifying information, your contract details, billing and payment information. In relation to each communication, it includes the date, start and finish times, and the identities of the other parties to the communication. And it includes the location data, such as the mobile cell towers or Wi-Fi hotspots you were accessing at the time…

But surely they’ve included special protections for communications between doctors and patients, and lawyers and clients? No. Never even discussed…

The Joint Committee recommended that the Act be amended to ensure that the metadata can’t be obtained by parties in civil litigation cases (I’ve mentioned before how excited litigation lawyers will be about all this lovely new data), and George Brandis said that would be fixed in the final amendments. But it isn’t there. The final Bill being bulldozed through Parliament right now contains no such protection. The fact remains that, under the Telecommunications Act, one of the situations in which a service provider cannot resist handing over stored data is when a court has required it by issuing a subpoena. In practice, that means that your ex-spouse, former business partners, suspicious insurance company or employer can get hold of a complete digital history of your movements and communications for the past two years, and use it against you in court.

Michael Bradley, Our privacy is about to be serially infringed, The Drum, March 19 2015

Surveillance cameras attached to a building exterior
Surveillance, by Jonathan McIntosh@Flickr CC BY-SA

Noted elsewhere: all this data will be stored by various companies with varying degrees of security awareness, so in practice it will sometimes be available to some criminals too.

Elsewhere:


Image credit: Surveillance by Jonathan McIntosh, Creative Commons Atttribution-Sharealike

Ethics of Free Software community research

Most of this entry is exactly a year old today and it’s just sat around in draft form all that time. Since I posted something similar on Geek Feminism about research into women in tech and similar topics, I thought I’d get it out there.

In January 2009 a researcher named Anne Chin of Monash University Law emailed the chat list for the linux.conf.au 2009 conference asking for research subjects to be interviewed about licencing and Open Source software. There were several responses criticising her use of HTML email and Microsoft Word attachments. I’ll leave the specifics of this alone except that people should be (and probably are) aware that this is almost always an unknowing violation of community norms.

I did, though, think about making some notes on research ethics and Free Software research. A bit about my background: I am not a specialist in ethics. I’m somewhat familiar with ethics applications to work with human subjects, but not from the perspective of evaluating them. I’ve made them, and I’ve been a subject in a study that had made them.

For people who haven’t seen this process, the ethical questions arising from using human subjects in your research in general covers the question of whether the good likely to arise from the outcomes of the study outweighs the harm done to the subjects, together with issues of consent to that harm. (There are many philosophical assumptions underlying this ethical framework, I don’t intend to treat them here.) Researchers in universities, hospitals, schools and research institutes usually have to present their experimental designs to an ethics committee who will determine this question for them and approve their experiment. Researchers who work across several of these (eg, a PhD student who wants to interview schoolchildren) will need to do several ethics applications, a notable chore when the forms and guidelines aren’t standardised and occasionally directly conflict. Researchers working for private commercial entities may or may not have a similar requirement. Researchers who use animals also have to have ethical reviews, these are done by animal ethics committees, which are usually separate.

At my university, essentially any part of your research that involves measuring or recording another person’s response to a research question and using it to help answer that question needs a human ethics application.

The good/harm balance may include very serious dilemmas: is there a health risk to subjects? how will the researcher manage the conflict between maintaining subject confidentiality and research integrity and the good of her subjects or the requirements of the law if she uncovers, say, episodes of abuse or violence? But it also involves less immediately obvious and serious ethical questions. Is this study a giant waste of subjects’ time? is considered a question of ethics by ethics committees, and is in fact the most serious problem for linguistics research, since there’s very seldom an outcome of particular interest to the subjects themselves.

The study in which I took part a few years back was towards the serious end actually: it was a study into the psychological profiles of people who have an immediate family member who had cancer as a child and involved both questionnaires and a phone interview with a psychologist. Both because the study explored memories of the illness and because the profiling included evaluating depressive episodes, suicidal ideation and so on, it came with a detailed consent form and with information about a counselling service that had been informed of the study and was prepared to work with its subjects.

In the case of the Free Software community the ethical questions are often more towards the waste of time? end of the spectrum than the more immediately serious end. It’s important to understand that this isn’t necessarily the case though. Here are some more cutting ethical problems:

  • getting findings that expose your subjects and/or their employers to intellectual property claims; or
  • revealing that your subjects are breaching employment contracts in some way (generally also related to IP) and thus exposing them to job loss and possible civil action.

Getting ethics approval to carry out workplace studies can be fairly hard precisely due to problems like these. But in the rest of this post I will treat the waste of time problem.

Firstly the basics: are your subjects going to be identifiable in your final reports or to the general public? If not, who will know who they are? Can a subject opt to have their responses removed from the study? When and how? All this should be explained at the start. (Usually if an ethics committee has been involved, there’s a consent form.) If doing a survey look into survey design, in order to construct non-leading questions and such.

Now, for specifics. Most of them arise from this principle: there are a lot of researchers working, in various ways, on the Free Software community, possibly making it a slightly over-studied group if anything. This places the onus on the individual researcher to demonstrate to the community that their project is worthwhile and that they’re going to do what they say. Thus:

  1. demonstrate some familiarity with the background. Depending on your research level this could mean anything from demonstrating a knowledge of existing anthropological work on Free Software (say, if the research project is for your anthropology PhD) down to at least understanding the essential concepts and core history (say, a project at high school level). This can be demonstrated by research design, eg asking sensible well-informed questions, but actually mostly requires a bigger time investment: making appearances in the community, either virtually or physically, ideally for a little time before asking the community to help you get your PhD/A-grade/pass.
  2. don’t get the community to design your experiment for you. Have a specific goal, more specific than get people to write me lengthy essays about Free Software, and get ideas from that and write about them. In the general case, the ask people incredibly vague stuff and hope they say something interesting technique fails the waste-of-time test.
  3. give your results back to the community. The most common problem with the various surveys, interviews and questionnaires sent to the Free Software community is that responding to them is like shouting into a black hole. It is not unheard of, of course, to see the thesis or essay or roundup that comes out of these, but it is unusual, relative to the number of requests. Most of the time the researcher promptly disappears. Researchers should come to the Free Software community with an explanation of when and where they will make the results of the study available. They should explain the aims in advance unless this would compromise the results. (On that note: Anne Chin is giving a linux.conf.au talk this year.)

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Ethics of Free Software community research by Mary Gardiner is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.