"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!
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Errol Wright & Abi King-Jones

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.

Surveillance Film Festival

Has the portrayal of surveillance in films caught up with us? 

Dystopian Big Brother films from the past show glimpses of a present reality. Spy films and the machinations of spy paraphernalia capture our imagination with fantastical technology. Stasi and Cold War intelligence policing methods shock and titillate people. But Edward Snowden’s revelations opened many eyes to the ubiquitous world of mass surveillance right here and now.

The Surveillance Film Festival is an opportunity to explore the portrayal of surveillance in films and documentaries and ponder the reality of surveillance in our lives today. 

 

Come and enjoy some films and see where the discussion takes us.

Venue: Thistle Hall, Upper Cuba, Wellington City 

Friday 25th March

- 6pm - Farenheit451 (112mins) – then onwards for after-film discussion and drinks at a local pub. 

Saturday 26th March 

- 11am - The Program (8mins) and ABC Secret Room (9mins) - Nicky Hager will be present for a talk after these two short films.
- 12.30pm -  Operation 8 (110mins)
- 3pm - Every Step You Take (65mins) - followed by a chat with Kathleen Kuehn about the ubiquitousness of surveillance
- 5.30pm - Maintenance of Silence (20mins) 
- 7pm - The Lives of Others (137mins) 
Film synopsis: 

Farenheit451 (1966) 112mins
In Bradbury’s dystopian future most people are mindless drones living for instant gratification, plugged into ear buds or watching screens. News is controlled in censored bites, deep-thinking and analysis don’t happen. War economy rules. Sound sort of familiar? But in Farenheit451 all books are banned, is that the only difference?

The Program and ABC News, Secret Room (2012 & 2008)
William Binney and Mark Klein are names that should be familiar. They are whistleblowers who spoke about mass surveillance prior to Snowden’s revelations. The info was out there for us, but so many chose not to listen. Why didn’t we want to know about the surveillance then? Why are we already ignoring Snowden’s revelations?

Operation 8: Deep in the Forest (2011) 110mins
Eight years ago in October dawn raids woke many people, people were briefly jailed and allegations of terrorism were thrown about based on evidence gained by surveillance. This country has a long history of surveillance, see how it was used in this most public case to hinder and control people and think about what is happening now.

Every Step You Take (2007) 65mins
CCTV and face recognition are examples of surveillance to keep people safe. Ten years ago the technology shocked, now it is old. How quick does it all change and how accepting do we become?

Maintenance of Silence (1985) 20mins
Awareness of surveillance seemed to be more common a few decades ago. Tens of thousands protested against the expansion of police and SIS powers, later the Wanganui Computer was bombed. Then Neil Roberts left the quote from Junta Tuitiva of La Paz, ‘We have maintained a silence closely resembling stupidity’. What does our silence now resemble?

The Lives of Others (2006) 137mins
Surveillance and oppression on the other side of the iron curtain has been a favourite subject for a lot of films. But how different is that past from the future here?

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).

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.

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.

Surveillance Film Festival

Stop the Spies is hosting a Surveillance Film Festival in Wellington, Christchurch and Dunedin this March.


"Has the portrayal of surveillance in films caught up with us? Dystopian Big Brother films from the past show glimpses of a present reality. Spy films and the machinations of spy paraphernalia capture our imagination with fantastical technology. Stasi and Cold War intelligence policing methods shock and titillate people. But Edward Snowden’s revelations opened many eyes to the ubiquitous world of mass surveillance right here and now.

"The Surveillance Film Festival is an opportunity to explore the portrayal of surveillance in films and documentaries and ponder the reality of surveillance in our lives today."


The Wellington festival will be held at Thistle Hall, Friday 25th March and Saturday 26th March. Details for Dunedin and Christchurch to be confirmed.

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.

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.

Stop the Spies exposes GCSB

On Friday 11^th 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.