Google AI


Modern Australian

Universities must act to prevent espionage and foreign interference, but our national laws still threaten academic freedom

  • Written by: Sarah Kendall, PhD Candidate in Law, The University of Queensland
Universities must act to prevent espionage and foreign interference, but our national laws still threaten academic freedom

This week, the Parliamentary Joint Committee on Intelligence and Security released its much anticipated report on national security threats affecting the higher education and research sector.

The 171-page report found the sector is a target for foreign powers using “the full set of tools” against Australia, which can undermine our sovereignty and threaten academic freedom. It made 27 recommendations to “harden the operating environment to deny adversaries the ability to engage in the national security risks in the sector”.

The committee’s recommendations, when correctly implemented, will go a long way towards combating the threat of espionage and foreign interference. But they are not enough to protect academic freedom. This is because the laws that make espionage and foreign interference a crime could capture legitimate research endeavours.

National security risks to higher education and research

The joint committee found there are several national security threats to the higher education and research sector. Most significant are foreign interference against students and staff, espionage and data theft. This includes theft via talent recruitment programs where Australian academics working on sensitive technologies are recruited to work at foreign institutions.

These threats have been occurring through cyber attacks and human means, including actors working in Australia covertly on behalf of a foreign government.

Read more: Kylie Moore-Gilbert is one of hundreds of victims of state attacks on academic freedom

Foreign adversaries may target information on research that can be commercialised or used for national gain purposes. The kind of information targeted is not limited to military or defence, but includes valuable technologies or information in any domain such as as agriculture, medicine, energy and manufacturing.

What did the committee recommend?

The committee stated that “awareness, acknowledgement and genuine proactive measures” are the next steps academic institutions must take to degrade the corrosive effects of these national security risks.

Of its 27 recommendations, the committee made four “headline” recommendations. These include:

  1. A university-wide campaign of active transparency about the national security risks (overseen by the University Foreign Interference Taskforce)

  2. adherence to the taskforce guidelines by universities. These include having frameworks for managing national security risks and implementing a cybersecurity strategy

  3. introducing training on national security issues for staff and students

  4. guidance for universities on how to implement penalties for foreign interference activities on campus.

Other recommendations include creation of a mechanism to allow students to anonymously report instances of foreign interference on campus and diversification of the international student population.

What about academic freedom?

Espionage makes it a crime to deal with information on behalf of, or to communicate to, a foreign principal (such as a foreign government or a person acting on their behalf). The person may also need to intend to prejudice, or be reckless in prejudicing, Australia’s national security.

In the context of the espionage and foreign interference offences, “national security” means defence of Australia. It also means Australia’s international relations with other countries. “Prejudice” means something more than mere embarrassment.

So, an academic might intend to prejudice Australia’s national security where they engage in a research project that results in criticism of Australian military or intelligence policies or practices; or catalogues Australian government misconduct in its dealings with other countries. Because “foreign principals” are part of the larger global audience, publication of these research results could be an espionage offence.

Read more: Academic freedom is paramount for universities. They can do more to protect it from China's interference

The academic may even have committed an offence when teaching students about this research in class (because Australia has a large proportion of international students, some of whom may be acting on behalf of foreign actors), communicating with colleagues working overseas (because foreign public universities could be “foreign principals”), or simply engaging in preliminary research (because it is an offence to do things to prepare for espionage).

Even communicating about research with overseas colleagues could fall foul of espionage and foreign interference laws. Shutterstock

Foreign interference makes it a crime to engage in covert or deceptive conduct on behalf of a foreign principal where the person intends to (or is reckless as to whether they will) influence a political or governmental process, or prejudice Australia’s national security. The covert or deceptive nature of the conduct could be in relation to any part of the person’s conduct.

So, an academic working for a foreign public university (a “foreign principal”, even if the country is one of our allies) may inadvertently commit the crime of foreign interference where they run a research project that involves anonymous survey responses to collect information to advocate for Australian electoral law reform. The anonymous nature of the survey may be sufficient for the academic’s conduct to be “covert”.

Because it is a crime to prepare for foreign interference, the academic may also have committed an offence by simply taking any steps towards publication of the research results (including preliminary research or writing a first draft).

The kind of research criminalised by the espionage and foreign interference offences may be important public interest research. It may also produce knowledge and ideas that are necessary for the exchange of information which underpins our liberal democracy. Criminalising this conduct risks undermining academic freedom and eroding core democratic principles.

So, how can we protect academic freedom?

In addition to implementing the recommendations in the report, we must reform our national security crimes to protect academic freedom in Australia. While the committee acknowledged the adequacy of these crimes to mitigate the national security threats against the research sector, it did not consider the overreach of these laws.

Read more: New foreign interference laws will compound risks to whistleblowers and journalists

Legitimate research endeavours could be better protected if a “national interest” defence to a charge of espionage or foreign interference were introduced. This would be similar to “public interest” defences and protect conduct done in the national interest. “National interest” should be flexible enough so various liberal democratic values – including academic freedom, press freedom, government accountability, and protection of human rights – can be considered alongside national security.

In the absence of a federal bill of rights, such a defence would go a long way towards ensuring legitimate research is protected and academic freedom in Australia is upheld.

Authors: Sarah Kendall, PhD Candidate in Law, The University of Queensland

Read more https://theconversation.com/universities-must-act-to-prevent-espionage-and-foreign-interference-but-our-national-laws-still-threaten-academic-freedom-180319

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...

Understanding the Role of an I/O Controller in Industrial Automation

Modern industrial systems depend on accurate communication between sensors, machines and control systems. An I/O controller can help manage this commu...

How the Right Mining Hose Supports Demanding Operations

Mining environments place considerable demands on equipment used for material transfer, water management and processing. Hoses operating in these co...

Simple Ideas for Making Social Gatherings More Memorable

We have all been to those parties where everyone just stands around the kitchen island, staring at their phones, waiting for someone else to make a mo...

Outdoor Wall Lights: Improving Exterior Lighting Around Your Home

Lighting can influence how a room looks, feels and functions, so the right fitting should be selected according to both appearance and practical req...

Commercial Office Cleaning: Combining Routine Office Cleaning With Melbourne Service

Keeping a workplace clean requires a service that can accommodate everyday tasks as well as the particular needs of the business. Professional comme...

Caravan Sales in Queensland: How to Find the Right Caravan for Sale QLD

Caravan ownership is about more than having somewhere to sleep while travelling. For many Queenslanders, it is one of the best ways to explore regio...

What Sir Walter Buffalo Turf Actually Costs in 2026 (And Why Quotes Vary So Much)

Two quotes landed on a Hills District homeowner's kitchen table last spring for the exact same 80-square-metre backyard. One said $12 a metre. The o...

Nearly 1,300 NSW Hospital Beds Are Occupied By People Who Are Ready To Go Home

1,276 people in NSW hospitals have been medically cleared for discharge but remain in hospital because they're still waiting for NDIS or aged care sup...