Showing posts with label GCSB. Show all posts
Showing posts with label GCSB. Show all posts

Sunday, June 9, 2019

A Security Services & government Timeline

"Where were our intelligence agents when Ernie Abbott was murdered and the Rainbow Warrior blown up?" a speaker asked during the 2015 Security Intel Review by Michael Cullen and Patsy Reddy

A common concern also voiced at the time was that 'the GCSB was an outpost of the NSA and that its activities were linking us to America's wars'. The timeline below shows the validity of the concern. From RadioNZ 'Timeline: Security services, government and Muslim community before the Christchurch mosque attacks', the timeline highlights the anti-Arabic anti-Muslim focus of the security intelligence in this country.

Hand in hand with the timeline though, should be a timeline of the constant fear mongering anti-Muslim rhetoric that the government and its agencies led and participated in. Remember Rebecca Kiterridge and the government on the 'Jihadi Brides' and the November 2013 killing of a NZer in Yemen as a result of a US drone strike? Remember that we supply data used in drone strikes?

NZ is so intertwined with the Five Eyes that we blindly accept the US’s lead in who should be the 'enemy'. We need to be fearful of the Five-Eyes.

From RadioNZ: Before the Christchurch mosque attacks

  • 2002 - New Zealand enacts Terrorism Suppression Act. As of 2019, no one has ever been charged under Act
  • 2009-2019 - Not one specific mention in this period of the threat from white supremacists or right-wing nationalism in SIS or GCSB public documents
  • 2010-2017 - Figures from this period show 92 far-right attacks compared with 38 by jihadists* in US
  • July 2011 - 77 people killed in Norway by white supremacist shooter
  • 2012 on - Series of reviews of NZ security agencies after scandals including the Kim Dotcom spying
  • 2013 - National-led government abandons intrusive internet surveillance
  • 2013 on - Flood of refugees into Europe begins
  • 2014 - Suite of changes to national security set up including three new entities - a Strategic Risk and Resilience Panel, Security and Intelligence Board and Hazard Risk Board
  • 2015-2018 - Series of budget boosts for SIS and GCSB, including (in 2016) of $178m over 4 years
  • 2015 - Corrections Department sets up Countering Violent Extremism working group as part of government's counter-terrorism strategy
  • June 2015 - Nine killed by white supremacist at African-American church in South Carolina, United States **
  • December 2015 - New Zealand Muslims hold first community meetings to discuss counter-terrorism
  • June 2016 - Two men sentenced in Auckland over Islamic State material
  • October 2016 - Islamic Women's Council raises fears of far-right with SIS
  • 2017-18 - Security agencies set up new National Risk Unit and new National Security Workforce team, plus get a new specialist coordinator for counter-terrorism
  • 2017 - Research finds NZ Muslims believe government surveillance is excessive
  • 2017 to early 2018 - Muslim community in numerous meetings with government seeking but failing to get national wellbeing strategy
  • January 2017 - Six killed at mosque in Quebec, Canada
  • September 2017 - New Zealand's new Intelligence and Security Act 2017 comes into force
  • June 2018 - SIS begins to increase its efforts to assess far-right threat
  • November 2018 - Eleven killed by far right shooter in Pittsburgh, US
  • March 2019 - SIS and GCSB confirm they had no intelligence about the Christchurch terror accused
* Global Terrorism Database by the Washington Post
** This list of far-right attacks is far from exhaustive

Thursday, June 22, 2017

GCSB Director wanted to be useful - offered spies to Groser

"Mindful of the importance of being useful", GCSB Director Ian Fletcher offered the GCSB's services to Tim Groser.
When information about the GCSB spying on Tim Groser´s competitors for the job of Director of the WTO became public in 2015, the general assumption was that this was a case of the government leaning on a supposedly politically neutral agency to advance its agenda. 
Instead, what the IGIS´s report portraits is an agency taking it onto itself to do some extra-curricular spying in order to be in the good books with the government. 

The report by Inspector General Cheryl Gwyn is similar to Ian Fletcher´s memory - very specific in some details, but extremely vague in others. It states that it was Ian Fletcher´s idea to approach Tim Groser and offer him some extra spying to help him get the top job at the WTO. The report explains this by Fletcher being "mindful of the importance of being useful", i.e. he wanted to lick Groser´s boots, possibly because there was some public concern about his appointment (he had been appointed by personal recommendation from the PM, somewhat bypassing the usual selection process). 

Monday, March 13, 2017

Intelligence and Security Bill

The week beginning 13 March the Government aims to progress the New Zealand Intelligence and Security Bill.

Parliament says the “bill seeks to replace the four Acts that currently apply to GCSB, NZSIS and their oversight bodies, the Inspector-General of Intelligence and Security, and the Intelligence and Security Committee. The Act will be a single, comprehensive piece of legislation to cover these agencies and seeks to improve their transparency.”

The bill, in fact though, is a complete rewrite of the four Acts and creates a one-stop surveillance shop with one law to rule all. It strengthens and entrenches state surveillance powers by removing any real meaningful distinction between the SIS and GCSB. The distinction between internal and external intelligence is totally blurred.

It is worthwhile to remember that over the years many people have protested the expansion of surveillance, including both the SIS and GCSB powers. Between 2009 & 2012 thousands of people protested against the Search and Surveillance Bill. In 2013, John Campbell, on 'Campbell Live’, conducted a poll on the then expansion of GCSB powers - 89% said no to increasing the GCSB powers.

The majority of people do not want the expansion of state surveillance powers but are snowed under by the constant law changes and reviews, and the powerful DPMC PR machine. A PR machine that constantly raises the spectre of terrorism and cyber-threat, but they are only spectres - consider the 'Jihadi Brides'.

Thursday, February 2, 2017

Waihopai - A Public Shame

More than 70 people gathered outside Waihopai Spy Base in Blenheim on 28 January.

The base has been in operation since the end of the 1980s and from Waihopai NZ hoovers up data to give to the NSA. The NSA have said, the GCSB "continues to be especially helpful in its ability to provide NSA ready access to areas and countries ... difficult for the US to access".

From Waihopai NZ spies on China, Japanese/North Korean/Vietnamese/South American diplomatic communications, South Pacific island nations, Pakistan, India, Iran and Antarctica and this data is given to the NSA.

Waihopai is the most public emblem of the Five Eyes in this country. It became even more visible after one of the domes was slashed in 2008 exposing the satellite beneath. Later Edward Snowden managed to expose more of the doings of the Five Eyes, Waihopai is not a dirty secret anymore - it is a public shame.

We cannot deny that Waihopai and the operations of the GCSB mean we are part of a global mass surveillance, data collection and social manipulation alliance. An alliance established by the UKUSA Agreement at the end of WW2.

The protest outside the base on Saturday 28 January may have been brief but it was followed by a day of workshops in Blenheim where the history of the spybase, the role of the GCSB and campaigning against the base were spoken about.

Waihopai spy base must be closed down and we must dismantle the Five Eyes.

Further Info:
NZ Herald articles on role of GCSB & Waihopai
Snowden revelations / The price of the Five Eyes club: Mass spying on friendly nations

#snowdenNZ / How foreign spies access GCSB's South Pacific intelligence

Snowden revelations: NZ's spy reach stretches across globe

Revealed: The names NZ targeted using NSA's XKeyscore system


Nicky Hager http://www.nickyhager.info/category/intelligence/
Anti-Bases Campaign - http://www.converge.org.nz/abc/

Films
The 5th Eye - http://cutcutcut.com/#

iSpy - The Five Eyes Alliance - http://ispydoc.com/select

Thursday, January 5, 2017

2017 Waihopai SpyBase Protest


The annual protest at Waihopai will take place January 28th this year beginning with a morning demonstration at the base and then continuing with a day of workshops in Blenheim, including talks and discussions covering the GCSB and the role of the Five Eyes, research skills and the history of non-violent direct action, including the nearly 30 years of protests against the Waihopai base.



Further information can be found on http://www.converge.org.nz/abc/

Monday, September 26, 2016

Oppose the Intelligence & Security Bill

Submissions are being called on for the new Intelligence and Security Bill – but we say it is time to draw a line in the sand. The unrelenting expansion of the NZ Intelligence Community must be stopped.

A brief over-view of the last few years shows how relentless the changes have been:
Since 2007 the NZ SIS Act has been amended a half a dozen times. In 2011 the Video Surveillance Bill became law; a year later the Search and Surveillance Bill was passed. This was followed in 2013 by two changes: the TICS Bill (the Telecommunications Interception Capability and Security) and the GCSB and Related Legislation Amendment Bill, a Bill passed by two votes. At the end of 2014 the Countering Terrorist Fighters Legislation Bill became law.

There has also been a seemingly never-ending series of reports, reviews and a concerted PR blitz:
In 2009 there was the Murdoch Report of the SIS, GCSB and EAB. In 2011 Pipitea House was opened enabling most of the NZ intelligence community to operate under one roof and thus uniting the intelligence culture. In 2012 Paul Neazor reported on GCSB spying in relation to the Dotcom saga, this was followed in March 2013 with the Kitteridge Report on the GCSB and then in 2014 the State Sector Review of the intelligence community was released. In 2015 the Cullen and Reddy Intelligence Review began and there was a lot of talk of ‘Jihadi Brides’.

Friday, July 29, 2016

Review of NZ Search and Surveillance Act underway

The Search and Surveillance Act  2012 is to be reviewed.

The Search and Surveillance Act is to be reviewed and a one-stop intelligence shop could come closer to realisation. Number 4 of the terms of references for the review is that it must look at whether the Act (or any related legislation) needs to be amended to enable broader use of the capabilities of the GCSB and /or NZSIS to support police investigations.

This would tie in nicely with the recommendations by Michael Cullen and Helen Reddy in their ‘Intelligence Review’ that the intelligence community operate under one Act, that is, in all but name there be a merge of the intelligence agencies.

The review of the Search and Surveillance Act is a statutory one required by law to look at the ‘operation of the provisions’ of the Act since it began, to see ‘whether those provisions should be retained or repealed’, and ‘if they should be retained, whether any amendments to the Act are necessary or desirable.

Implicit in Amy Adams announcing of the review however, is that the agencies and institutions covered by the Act need more powers.

Friday, July 22, 2016

"The 5th Eye" Documentary on Waihopai Domebusters & GCSB

New Zealand is very much a member of a western spy network that is quite capable of reading and recording every shred of electronic communication you've ever generated.
The 5th Eye is the story of the events that underpinned so much of the farcical goings on at the 2014 general election, threaded through with the only-in-New Zealand yarn of the three men who – armed with a pair of cheap bolt cutters and a statue of the Virgin Mary – managed to break into and the Waihopai spy base and deflate the dome that covered one of the satellite dishes. A pity John Oliver wasn't paying attention to New Zealand back then. He would have a had a ball with that story. Wright and King-Jones assemble their material – new and archival – into an intelligent, informative and entertaining film. This is serious stuff, deftly done. Recommended.              
Source: Stuff.co.nz


The long anticipated documentary, THE 5TH EYE, that follows the story of the Waihopai Three and the GCSB premieres this month in the New Zealand International Film Festival.

The film will screen as part of the festival in Wellington, Auckland, Christchurch, Dunedin and Timaru. Other regional screenings will be announced by the Film Festival in coming weeks.

Details about ticket sales are at www.The5thEye.com – Please be sure to get tickets early.

We also need your help: word of mouth and social media are currently our only promotional tools. So please join our facebook page, follow us on twitter, and please share our posts, tell your friends about the film and forward this email around to your contacts! Thanks and we look forward to seeing you at the upcoming screenings!
https://www.facebook.com/The5thEye/photos/a.839891559414987.1073741828.832972370106906/1071469812923826/?type=3&theater

Errol Wright & Abi King-Jones

Tuesday, March 29, 2016

Intelligence merge not new

In all but name the Intelligence Review recommended a merge of the key NZ intelligence agencies. The proposal put forward by Sir Michael Cullen and Dame Patsy Reddy was to consolidate legislation governing the GCSB and NZSIS into one Act.

This idea is not new. In 2009 there was talk of merging the intelligence agencies. A Treasury official's notebook had been found in central Wellington and in the pages were notes about a merge. At the time John Key confirmed a merge of the intelligence agencies was an option, “I drove the decision to have a look (at how they operate) because there is quite a bit of crossover.” Value for money was also an issue he said. (The Murdoch Report was the result of this review)

Dollar value is a driving force and has already seen the building of the one-stop intelligence building, Pipitea House, in downtown Wellington. Now we will also see the agencies in a one-stop shop legal merge. One law to rule all.

Wednesday, March 9, 2016

Intelligence & security report a dream come true for the Five Eyes

The release of the Independent review of intelligence and security recommends a range of changes that are dangerous to ordinary people, both within NZ and elsewhere, and represents a massive concentration of state power.

The major recommendation is the consolidation of the two acts governing the GCSB and the SIS into a single law.  As Radio NZ reported, “A single piece of legislation would mean both agencies operated under the same objectives, functions and powers and warrant authorisation framework.” This is deeply problematic.

It must be understood at the outset that both GCSB and the SIS are essentially political police: they exist to identify threats to the New Zealand state, essentially “national security.” These agencies do not exist to root out criminal activity, that is the job of the Police. And, although in 2013, the GCSB was given the power to assist police with any matter, it is not an objective of that organisation (or the SIS) to prevent, detect or prosecute criminal offending.  While the definition of criminal offences are spelled out quite clearly in law with identifiable components and evidentiary thresholds, threats to “national security” are at best vague and difficult to define. Even the Law Commission, an eminent body of NZ legal practitioners, struggled to explain what the national security is, noting “While the New Zealand courts have not yet been called upon to define national security, we expect that they will also face difficulties in pinning down the concept although there are varying definitions in use.” (National Security Information in Proceedings,_ p.14).

Tuesday, March 8, 2016

Intelligence & Security Review Public Soon

The far from independent Intelligence Review was tabled before the government on Monday, 29th February. John Key has announced that he wants it made public before March 11th and it will not be redacted.

It will not be redacted as it will only be big picture stuff. There will probably be the usual calls that the GCSB and the SIS must follow the law, that they must be more transparent and should work more closely together.

There may be an increase in the role of the NCSC (National Cyber Security Centre). In one of her last public talks as acting director of GCSB, Una Jagose spoke about the importance of that group and increasing links between the corporate and intelligence world.

The Review will also bring law changes. A recently released 2014 'top-secret' briefing said law changes were the aim.

And the Review is to make recommendations on the life-span of the Countering Terrorist Fighters Legislation Bill.

Wednesday, February 17, 2016

The deadline for the Intelligence Review Looms


Lisa Fong will be the person in the hot seat when the Intelligence and Security Committee of Parliament receive the promised Intelligence Review.

On Monday, 15 February, two weeks before the deadline for the Intelligence Review is to be tabled, Una Jagose took up her new role as the Attorney General and Lisa Fong, former GCSB chief-legal advisor, is now the acting director.

According to the GCSB, Lisa has been employed there since 2012 – the date may be arguably incorrect though (or an example of incorrect data gathering on the part of the GCSB). The official government release announcing Lisa Fong's appointment as acting director states that she started work at the GCSB in April 2013.

However, if the 2012 date is correct, that puts Lisa working at the GCSB when they were found to have spied illegally on 88 New Zealanders. She may have been giving advice then to Hugh Wolfensohn, the Deputy Director of Mission Enablement (DDME) and part-time legal advisor, who resigned in March 2013 just weeks before the Kitteridge report became public.

Regardless of whether she started in 2012 or 213 though, Lisa would have been working there as the legal advisor when operation 'WTO Project' was active and the GCSB was spying on Tim Groser's rivals for the position of director-general of the WTO. The GCSB operation involved covert surveillance of candidates from Brazil, Costa Rica, Ghana, Jordan, Indonesia, Kenya, Mexico and South Korea.

Whilst Lisa has been working there the GCSB has also been spying on Pacific countries and everyone residing, passing through or holidaying in that area.

Lisa was working there when it was written in tbe 2014 NZIC report that, among other things, the intelligence community had to ensure they comply with the law.

When the far from independent Intelligence Review is finally released, it will probably herald law changes to make legal a lot of the unlawful activities that have become public since the Dotcom raid and the Snowden leaks of 2012 and 2013.

To make law changes is the role of the Intelligence Review, this was clearly stated in the top-secret briefing to John Key in 2014.The briefing stated that the "review should provide a sound basis on which to develop new legislation."

Any new legislation will only strengthen the already only so-called 'arguably legal' acts of the GCSB and ensure that NZ stays firmly entrenched in the Five-Eyes. 

The next few weeks may prove busy for Lisa Fong.




Friday, November 6, 2015

Security Intelligence Community say 'must finish what we have started'

This week brought us not just one but three reports from the ‘intelligence community’.

First there was the annual report of the Inspector General for Security and Intelligence (IG), Cheryl Gwen. It is pretty damning, and echoes many of the criticisms raised in the State Services 2014 review of the intelligence community, especially regarding the SIS.

The IG's annual report was covered on stuff, but there is a better analysis on No Right Turn. The report is littered with findings like this:
In the course of these inquiries, I identified systemic shortcomings in the procedures followed by the NZSIS. […] The process of preparing and finalising those reports has been more protracted than I would have wished because of the time required for my office and for NZSIS to work through the systemic issues that I had identified.
And it culminates in this conclusion:
As noted above, the Service lacked a compliance framework and policy, audit framework and dedicated staffing throughout this reporting period.[...] For those reasons, I cannot conclude that NZSIS had sound compliance procedures and systems in place.
Note that the innocent sounding word ‘compliance’ means nothing less than the organisation operating within the law. 

As if to counter the impression of an out of control organisation a reader would get from this report, a quasi-internal review by the SIS which had concluded in July was declassified a few days after the release of the IG’s report. It comes to the almost opposite conclusion:
The reviewer did not find any evidence of (nor was given any reason to believe there was) significant non-compliance within NZSIS.
So everything is OK then? Maybe Cheryl Gwen is a bit too critical. Or maybe Rebecca Kitteridge is a lot less concerned about these things now that she is actually responsible for the SIS than she was in 2013 when she reviewed the GCSB. Her report back then read very similar to Gwen‘s report about the SIS does now. Sometimes the best way to shut critics up is to put them in charge.

Thursday, October 22, 2015

The GCSB’s Moment of Truth

There has been much talk recently about the GCSB’s ‘charm offensive’ and how it is becoming more transparent, and how that is good for democracy. However, what is pitched as transparency and openness is in reality just spin doctoring.

On 11 September, the Privacy Commissioner John Edwards organised a ‘Privacy Forum’ at which GCSB director Una Jagose was going to “describe what GCSB does to deal with cyber threats, including outlining the CORTEX programme.”

At the start of the meeting, two activists of the Stop The Spies coalition (of which OASIS is a part) unfolded a banner reading “This is a Five-Eyes Propaganda Exercise”. That was enough for Jagose and Edwards to cancel the entire event.

It has since become clear just how stage managed the event, and its repeat on 29 September, were.

A response to an Official Information Act request for Una Jagose’s speech and associated correspondence revealed that “the communications are between the Department of Prime Minister and Cabinet (DPMC) and the Office of the Privacy Commissioner. This is because communications function for the GCSB is managed by the National Security Communications team base in DPMC.” This means that every word we hear or read from the GCSB comes from the same people who write John Key’s speeches.

Saturday, September 12, 2015

Stop the Spies exposes GCSB


On Friday 11th September members of the Stop the Spies coalition held a banner at a GCSB propaganda exercise. Una Jagose, the Acting-Director of the GCSB, was set to give a talk at a forum hosted by the Privacy Commissioner when two members of Stop the Spies stood with a banner before the stage. Una refused to speak with the banner present and as a result, the meeting was closed down.

The next step is to close the GCSB down.

Over the last few years we have learnt of a range of activities that the GCSB has been involved in, including:
  • spying on Pacific countries and everyone residing, passing through or holidaying in that area
  • spying on Vietnam, China, India, Pakistan, South American nations and a range of other countries
  • spying on Bangladesh and sharing that data with the Bangladeshi government and secret security services
  • spying on Tim Groser's rivals for the position of director-general of the WTO. The GCSB operation involved covert surveillance of candidates from Brazil, Costa Rica, Ghana, Jordan, Indonesia, Kenya, Mexico and South Korea.
  • Supplying intelligence for drone strikes, and
  • spying on 88 New Zealanders.

The GCSB is part of the Five-Eyes (also known as FVYS), an alliance established by the UKUSA Agreement at the end of WW2. The USA is the leader and the other core members are Britain, Australia, Canada and New Zealand. The five countries operate between them a global mass surveillance, data collection and social manipulation programme. They've got the whole world covered; the sun never sets on the Five-Eyes.

But since the raid on Dotcom's home and the release of information by Edward Snowden, more information has become public about the GCSB and the role of the Five-Eyes. There was so much uncovering of nefarious deeds that members of the NZ intelligence community here, including the GCSB, were instructed last year to work on their public image. The talk by Una would have been part of that exercise.

However, Una refused to talk with a simple banner stating the truth being held in the same room. A banner that labelled her talk as a Five-Eye propaganda exercise, a banner that stated the GCSB is the real security threat. Instead the meeting was closed down.

Now we must close down the GCSB.

Monday, August 17, 2015

Widespread Lack of Trust in Security Intelligence Review

There is widespread distrust of NZ´s spy agencies, according to a report published 14th August by The Stop the Spies Coalition. The coalition, which includes the New Zealand Council for Civil Liberties, the Anti-Bases Campaign, OASIS, the Dunedin Free University and the What IF? Campaign, conducted its own People´s Review of the Intelligence Services in a series of public meetings and discussions in Auckland, Wellington, Christchurch and Dunedin. The report was issued on the closing day of submissions for the official review.

"The People´s Review has solicited a wide range of views from ordinary people in New Zealand about the operations of the intelligence services. The questions raised went far beyond the very narrow frame of reference of the official review, currently being carried out by Michael Cullen and Patsy Reddy," said Thomas Beagle, a spokesperson for Stop the Spies Coalition.

Topics of the submissions included issues of privacy, oversight, the effect of surveillance on society, the lawfulness of the agencies´ activities, NZ´s membership in the 5 Eyes network and whether having the GCSB and the SIS was even desirable and what the alternatives could be.

"Rather than answering the paternalistic and leading questions in the official review submission form, people discussed questions like whose interests the agencies serve, whether we really need them, and whether New Zealand should be in the Five Eyes," said Beagle.

Monday, August 10, 2015

Spies in PR frenzy

The current Listener (dated 15 August 2015) runs a cover story “Secrets & Spies – The revolution inside our intelligence agencies” by Rod Vaughan, who claims to have been granted “special access” to those agencies. This example of embedded journalism has attracted a scathing commentary by Chris Trotter, to which – on one level – there is not much to add.

Except that Trotter somehow misses the point. He – like Vaughan – falls into the trap set by spy masters. The talk about the alleged ‘revolution’ within the agencies, defined by their directors having attended anti-tour protests at the age of 15 (Kitteridge) or being lesbians (Jagose), is simply a distraction for the flattered journalist. The real messages are buried in the middle of all the nonsense of how the agencies have changed.

Kitteridge is given a half page of unquestioned quotes about how big a threat the Islamic State is for NZ, culminating in the dubious claim that the SIS is neither capable nor allowed to monitor people’s internet browsing behaviour. She is also given space to perpetuate the mantra that “my staff barely have time to read their own emails, let alone so many emails of other people” - the naïve and dangerous myth that ‘full collection’ means that someone actually reads all the stuff that people write. This is followed by Una Jagose lamenting at length the legal restrictions the GCSB is under. The implied message in both cases is that the agencies need more resources and fewer legal restrictions.

Getting these messages printed just before the deadline for public submissions to the ‘Intelligence Review’ was the real reason why Vaughan was granted ‘special access’ to Pipitea House. And these messages just happen to match a lot of the questions in the official submission form.

Also by sheer coincidence, Vaughan was not the only journalist who happened to run a piece on the spy agencies this week. The Dominion Post’s political editor Tracy Watkins came up with the same idea. Her article “Spy boss Rebecca Kitteridge goes on a recruiting drive” (complete with a highly relevant picture of James Bond with sports car) follows the same pattern. After some light-hearted banter about Kitteridge subjecting herself to a job interview at the SIS, Watkins obligingly writes what Kitterridge already spoke into Vaughan’s dictaphone: the Islamic State is coming and we need more resources.

Vaughan may also be disappointed that he wasn’t the first journalist to be given ‘special access’. Back in March 2013, when the GCSB’s illegal spying on 88 people was all over the news, TV3’s Jessica Mutch claimed to be the first reporter to have been inside the GCSB headquarters. Her report back to Q+A host Susan Wood sounded like a small child reporting to its parents from a school trip. She was so much in awe at the swipe card system and the tinted windows that she completely forgot to ask about the spying.

Saturday, August 8, 2015

Defining Surveillance

The obfuscation of what and what 'surveillance' is not continues.

In their investigation into whether Detective Inspector Grant Wormald perjured himself during one of Dotcom's court appearances in August 2012, the Independent Police Conduct Authority (IPCA) decided that the senior police officer did not perjure himself. The problem was, he just may not have realised what surveillance is.

They found that Wormald was aware the GCSB was assisting in the investigation. Wormald knew that that involved the "interception of the private communications of Mr Dotcom and at least one of his associates" but that was not surveillance in Wormald's mind.

If Wormald perjured himself - it wasn't his fault. According to the IPCA, "'surveillance' was a generic legal definition that did not exist at the time of the Police operation in January 2012." It only became clearer what surveillance was after the enactment of the 2012 Search and Surveillance Act. (NB. Wormald was questioned in August 2012 about the surveillance of Dotcom, nearly four months after the Search and Surveillance Act was enacted in April 2012.)

John Key's definition of surveillance is also hard to pin down.

Back in September 2014, John Key knew that mass collection was mass surveillance. Key told reporters "...we're not collecting wholesale information… We don't have the capability for mass surveillance."


Then in March this year on RadioNZ, Key said, "I don’t even know what you mean by mass collection. I have no clue. It is not a term I have ever used. It is not something that sits in something I see."

At the same time he refused to respond to comments made by ex-director of the GCSB Bruce Ferguson. When revelations from Snowden showed the degree of spying going on in the Pacific by the GCSB, Ferguson admitted on National Radio that what the GCSB did is: "...sort of like whitebaiting and trying to catch one whitebait, you can't do it and within the net you'll get all sorts of other things - it's a mass collection."

More recently John Key appears to acknowledge that the GCSB has the capability to collect large amounts of data. However, it is not surveillance and it is not mass collection.

There seems to be a constant obfuscation of surveillance.


Tuesday, July 21, 2015

Get Smart - the People's Review of the Intelligence Agencies

The Intelligence Review is a review of New Zealand's intelligence services being conducted by Michael Cullen (ex-politician) and Patsy Reddy (lawyer and board member). It is nothing but a rubberstamp for mass surveillance and the Five-Eyes.

To help compensate for the lack of public consultation, the NZ Council for Civil Liberties is hosting public meetings in Wellington (July 29th) and Auckland (August 6th). They are inviting people to go along to have their say about what should happen to the GCSB, the SIS, and New Zealand’s participation in the Five Eyes spy network.

Thursday, May 14, 2015

Intelligence review - a rubberstamp


Headed by Michael Cullen and Patsy Reddy the mandatory review of all security agencies and security legislation was finally announced on Wednesday 13 May.

The review will be a rubberstamp for the government's mass surveillance, the Five-Eyes and the US's endless 'war on terrorism.'

Through recent revelations by Edward Snowden and Nicky Hager it has now been proven that the GCSB is without doubt part of the US's National Security Agency apparatus and New Zealand is an active member of the Five-Eyes. The first few months of 2015 have seen more information coming to light about this country and its role in the Five-Eyes (also known as UKUSA) and the use of the GCSB by the government to ensure political power and control is maintained by them.
Snowden has released documents showing that:
  • the GCSB spies on Pacific countries and everyone residing, passing through or holidaying in that area (leaked 8 March), 
  • the GCSB spies on Vietnam, China, India, Pakistan, South American nations and a range of other countries (leaked 11 March),
  • the GCSB spied on Tim Groser's rivals for the position of director-general of the WTO. The GCSB operation involved covert surveillance of candidates from Brazil, Costa Rica, Ghana, Jordan, Indonesia, Kenya, Mexico and South Korea.
  • the GCSB spies on Bangladesh and shares that data with the Bangladeshi government (leaked 16 April), 
  • the GCSB had plans to hack a data link between the Auckland Chinese consulate and the Chinese Visa Office, five minutes down the street (leaked 17 April), and there will be more to come.

John Key has admitted that it is likely that information gathered and supplied by the GCSB to the NSA has played a role in enabling the US military to carry out drone strikes that have killed hundreds of civilians, including children.

The SIS also has a disturbing history. Release of archives in the first decade of this century showed that the SIS spies on political dissidents, children and vulnerable refugee communities. Last year, the Inspector General of Intelligence and Security investigated and upheld allegations that Key's office had used information from the Security Intelligence Service spy agency to gain a political advantage in the 2011 general election.

Both the SIS and the GCSB are a dangerous threat to the security of ordinary people. We don't need a review to tell us what we already know. OASIS calls for the disestablishment of both.