In a New Zealand Herald op ed I discuss Edward Snowden’s actions and their implications for New Zealand. It is possible that he may not be what he claims to be, but whether he is or not, there will be inevitable consequences for New Zealand stemming from his leaks.
The decision by a district court judge to deny a rightwing blogger the right to protect his sources because he is not a “news medium” under the definition of the Evidence Act has been greeted with glee by many on the Left but is utterly wrong. The judge clearly does not understand what blogging has become, and has failed to distinguish between freedom of the press and defamation.
There are many types of blogging, and some of it is clearly news-focused in nature. The Huffington Post, Daily Beast, Foreign Policy blog and many others of that type are news outlets, sometimes with editorial content. Blogs like The Onion are clearly satirical and should be treated as such. Blogs like David Farrar’s are personal, partisan and cut and paste editorial in nature. Blogs like this one are personal and opinion focused, not news breaking. There are tons of personal, music, cinema, food and other types of blog that are not news mediums but it should be obvious that there are also many news-breaking and news focused blogs that fall well within the definition of “news medium.”
Blogs that are news focused can have a heavy editorial or partisan content. When evaluating stories on such outlets one has to distinguish whether the author wrote in a news breaking capacity or as an editorial or partisan opinion. That really is not that hard.
When considering either capacity, one should focus on whether what is said on a blog is a lie, untrue or otherwise deliberately false in nature. If what is said is injurious to another party, then it can be considered defamatory.
Although I am no fan of sociopathic bullying bigots with partisan agendas and populist delusions, I think that the particular blog in question can be rightly considered to be a news medium with overt editorial content. Much like Fox News or RT and the blogs they operate.
The plaintiff in the defamation case against the blogger in question only need demonstrate what parts of the blogposts authored by the defendant are untrue or deliberately misleading. I have not read the entire opinion but it seems to me that being called a “cocksmoker” may be insulting depending on one’s perspective, but not necessarily defamatory. Ascertaining the source of the leaks to the blogger is immaterial: either what was posted was false and deliberately written to harm the plaintiff or it was not. Seeking to identify the source only serves punitive purposes and does not assist in establishing malicious intent (which is what the plaintiff is claiming is his objective under discovery).
Given who the blogger is, malicious intent is pretty much a given. The question is: was what he wrote a lie or deliberately misleading so as to harm the reputation of the plaintiff?
The district court decision should be appealed and overruled. That is important because it protects the sources of that part of the electronic media, including social media, that has a news-generating orientation. Doing so in no way prevents defamation cases from being brought because the proof of such cases is what was deliberately said or written, not the source for what was said or written.
If the source was consciously involved in deliberately disseminating false and misleading content via the blogger, then the latter has to decide whether to reveal the source or shoulder sole responsibility. That should be enough to make even citizen journalists and news bloggers cautious.
The point is that with news source protection privileges comes the journalistic responsibility to ascertain that the information provided from a source is not deliberately false or malicious. If that responsibility is shirked, then the news outlet, be it a blog, newspaper, radio or television program can be held accountable for disseminating falsehoods that are defamatory or libelous. If the blogger in this case used material that he knew to be false and damaging, then he should be liable. If he did not know the information was false and damaging and published without verifying, he is liable anyway. Whether or not he choses to reveal his source, he ultimately is responsible for what was written on his blog and therefore accountable for what was written. That is how journalism operates.
The bottom line is that the district court judge’s decision is very poorly thought out and wrong. As many have mentioned, it establishes a dangerous precedent with a chilling effect on freedoms of speech and press in electronic media.
The Left should not be so gleeful because the silencing of one opens the door to the silencing of many.
There are several things to consider when digesting news about the recently signed nuclear limitation agreement between Iran and the P5+1 countries (the UNSC permanent members US, UK, France, China and Russia plus Germany, with the EU as a mediator/facilitator). First, what is publicly announced about international agreements is not always all that is agreed upon. Often times what is not publicly disclosed is as or more important than the announced terms.
Second, actors given majority credit for an international agreement may not have been as decisive as they and their home media would like the public to believe.
Third, no agreement stands alone or occurs in a vacuum: other geopolitical and strategic considerations are bound to frame and influence the terms of the finalized compact.
The agreement between Iran, EU and six world powers on the conditions by which Iran would de-weaponize its nuclear research program in exchange for a temporary relief from international sanctions is a case in point. The agreement is for six months, with an eye to negotiating a more permanent contract at the end of that period. The 7 billion dollars in sanctions relief is not a huge amount by global standards, but significant in that it demonstrates the effectiveness of the sanctions regime imposed on Iran as well as its the flexibility of it (since it can be reimposed in the event Iran reneges on its promises).
The technical details are pretty straight forward: Iran agrees to suspend the enrichment of natural uranium (U238) beyond five percent and to neutralize its stockpile of 20 percent enriched uranium (U235). This is a step away from weaponization because most weapons grade U235 is enriched above 80 percent, which is relatively easy to produce if 20 percent enriched U235 is on hand. Most civilian nuclear energy programs use 3 to 5 percent enriched U235 fuel, thereby making weaponization more time consuming and costly. The agreement therefore does not interfere with Iran’s ability to enrich uranium for civilian power production.
Iran will also curb its use and purchase of centrifuges employed for said enrichment as well as suspend the heavy water reactor extraction methods used to produce plutonium. The entire Iranian nuclear complex will be placed under tighter international inspection controls.
The Western media has variously described the deal as a “US-Iran” or “Iran-Western” accord, but the importance of China and Russia should not be ignored. Both of these powers have friendly relations with Teheran and have supplied it with weapons and diplomatic support. They were not at the meetings in Geneva to serve as props for the US and UK. In fact, their presence in the negotiations should be considered to be decisive rather than incidental, to the point that they may have had a large say in the broader issues being bargained over that eventually sealed the deal.
What might those issues be? That brings up the larger geopolitical and strategic context.
Iran, as is well known, is a major patron of the Assad regime in Syria, currently engaged in a civil war against a Sunni opposition backed by the West and Sunni Arab states. The Assad regime receives funding, weapons and direct combat support from the Iranian Revolutionary Guards and Hizbollah, the Lebanese Shiia militia that serves as an Iranian proxy and power multiplier in the Levant. Assad also receives weapons from Russia, which has a naval base at the port of Tartus and which considers the Assad regime as its closest Arab ally.
Should Assad fall, not only Russia but more importantly Iran will lose a major source of power projection in the region. This would suit Israel and the Sunni Arab world, as Iran is seen as an existential threat by Israeli and Arab Sunni elites alike. Defeating Assad will pave the way for Israel to turn its military gaze more directly on Hizbollah, something that will not meet with much opposition from the West or the Sunni Arab elites. Israel is less concerned about the radical nature of a future Sunni government in Syria or the fragmentation of that country into sectarian enclaves, as the heterogenous rebel coalition now fighting Assad will be consumed by factional in-fighting that will limit its ability to project meaningful military force across its borders whether Syria as presently constituted remains intact or not. Sunni Arab elites will welcome a Sunni dominance in Syria as another bulwark against Shiia influence in the eastern Mediterranean, again, whether Syria retains its present boundaries or divides into smaller Sunni states.
However, it has become increasingly clear that the leading rebel groups in Syria are led by al-Qaeda inspired jihadis who are as bad if not worse than the Assad regime when it comes to committing callous atrocities against civilians as well as armed opponents. They are people who do not have much regard for the laws of war and who have published videos of themselves gassing dogs using crude chemical weapons (which may have had something to do with the rush to reach agreement on removing Assad’s CW stockpiles in the midst of the civil war), and who have had to apologize for “accidentally” beheading a fellow Sunni rebel leader under the mistaken assumption that he was an Alawite or Shiia Assad supporter (all videotaped, of course). Their atrocities (as well as those of the Assad regime) are well documented in the propaganda war now raging on social media.
Jihadist government in Syria may not be an existential threat to Western, much less global interests, but it is the most visible. It would be the first and most important place outside of Afghanistan where Islamicists fought their way into power (Somalia does not count). That is a significant issue regardless of their actual military power because symbolism matters and diplomacy is as much about symbology as it is about substance.
Following Russia’s lead and over Israeli and Saudi protestations, Western powers have become very alarmed about a possible jihadi victory in Syria, and now see a weakened Assad remaining in power or as part of a brokered coalition as the lesser evil. Hence the previous Western moves to give material and technical assistance to the rebels have slowed considerably while calls for a negotiated solution grow louder. Not surprisingly and following on the success of the Iran nuclear accord, negotiations on the Syrian crisis are now scheduled for January in Geneva, and include the Iranians as interested parties along with those supporting the anti-Assad forces grouped in and around the non-jihadist Syrian National Coalition and Free Syrian Army.
For Iran, this was the bargaining chip. It can agree to temporarily halt its nuclear enrichment efforts in exchange not just for sanctions relief but also in exchange for a reprieve for Assad. As things stood, its nuclear program invited massive preemptive attack and Assad’s fall spelled the end of its geopolitical influence. By agreeing to curtail its nuclear program to verifiable peaceful uses in exchange for a withdrawal of Western aid to the Syrian rebels and sanctions relief, Iran is able to buy Assad enough time to defeat the rebels, thereby maintaining Iran’s influence as a regional power while it re-builds its domestic economy unfettered by sanctions. Israel and the Saudis may not be happy about this, but their narrow interests have been shown to not be coincident with those of their Western allies on a number of strategic issues, Iran being just one of them.
Political scientists would call this the nested game scenario: within the public “game” involving negotiations between Iran and its foreign interlocutors lie other confidential or private “games” that are key to resolving the larger impasse over its nuclear program (Iranian involvement in Iraqi domestic politics might be another). These games are defined as much by those who are excluded as those who are involved in them.
All of this is speculation, and any “nested game” deal on Syria would be part of the non-public aspects of the agreement and therefore deliberately non-verifiable over the near term absent a leak. But there is enough written between the lines of the public rhetoric to suggest that this may be what is at play rather than a simple compromise on the limits of Iran’s nuclear ambitions.
Long before I arrived in NZ I was a jazz DJ at a couple of US public radio stations (when I was a grad student). Responsibilities came and went such that they intruded upon the hobby after 1985, but now I have a newborn child and this is just a taste of what I want him to hear as he comes into our world.
Then I remembered that I have always I had a thing about Texas blues, which brings up the subject of Booker Ervin.
Which extends to the issue of patience and self-restraint under controlled bluesy conditions:
Otherwise such talent can get one killed:
All public domain, so all free to listen.
This new born son will have his ears full, as did his now adult siblings.
Two questions: given the talent of such as Mike Nock, why is there no dedicated jazz radio in NZ (or at least Auckland)? Or am I missing something other than the occasional show on bFM?
Posted on 17:08, November 19th, 2013 by Pablo
It is the 150th anniversary of the Gettysburg Address and Jim Mora at RNZ remembered it. He invited me on to the Panel segment to discuss its relevance today with a person who is well informed and one who is less so but strongly opinionated. The segment occupies the first 10 minutes or so of the audio feature and I come in at about the 4:20 mark.
On a recent day in New Zealand we were treated to the following news.
A group of rapists who openly bragged about having pack sex with drugged or drunk underage girls on social media were outed by a news outlet, which led to revelations that the police, who have an institutional history of rape of their own, refused to prosecute the rapists even though their identities were well-known (one is the son of a police officer) and four girls complained about the assaults long before the media broke the story. The police apparently questioned the first complainant about her manner of dress and was told that what she wore invited the attack. The cops now argue that there was insufficient evidence to bring charges.
The police initially said that no complaints were laid and that the social media sites were only recently opened by the rapists, then closed. Both of those claims have now been proven to be untrue, so either the police spokesmen were lying (and that includes a senior detective and a district commander), or they were misled by their subordinates for reasons yet to be determined. The police also say that the fact that one of the rapists was the son of a sworn officer was immaterial to the (as of yet nonexistent) case.
That may or may not be true. What is undeniable is that a number of underage females were sexually assaulted by men over the age of consent who made public their exploits (including why they stupefied the girls and why they only engaged in pack assaults on them) and identified the victims as a form of public shaming. The cops listened to four complaints about these assaults, decided that there was no merit to them (or no evidence to substantiate them even though four different girls essentially described enduring the same thing done by the same men), then stood by, watched the social media coverage provided by the perpetrators and did nothing.
At the same time this story unfolded a convicted spouse abuser who claimed in defense that he was provoked by his victim was promoted to the most listened radio sports program in the country, having worked his way back into that format less than a year after his conviction and having had the Prime Minister subsequently grace his studio to exchange banter about laddish things (including Elizabeth Hurley’s “assets”).
Not to be outdone on the victim-bashing front, a few other prominent male radio talkback hosts (two of them Maori) ridiculed and insulted rape victims when discussing the case of the underage girls, essentially telling callers that drinking and wearing provocative clothing was primarily to blame for what happened.
Coincidentally, a misogynist bigot was brought back from foreign television exile after a series of gaffes and embarrassments to host a prime time news show at one of the highest salaries offered to a television host in New Zealand. His forte is adolescent potty jokes, particularly those directed at women.
Rightwing smear merchants and other retrogrades blame the rape club’s actions on liberal society and the pernicious effect of modern popular culture (when not Len Brown, for his adulterous behavior, as if that were comparable to rape). There may be some truth in such views (save the Len Brown example), but there is the small problem that all the other instances cited above involve men of older generations working in venerable public institutions.
Let’s be clear on this: all of the instances cited other than the social media rape club members are not delinquents but well-established members of New Zealand’s institutional elite, and there are plenty of others who share their predilections and positions of esteem (I have chosen only a handful of notorious examples to illustrate the point).
Some of these apologists/pundits keep on calling the rapists “boys” even though the age of consent in New Zealand is 16 (the rapists were and are 17 to 19). That is worth noting because they also argue that at least some of the pack sex with 13 and 14 year old girls may have been consensual, which indicates they have no clue what “age of consent” means in theory or in practice.
Let me put it more crudely: How is it that a 17 year old is a “boy,” and hence acting impulsively and irrationally when sexually engaging a deliberately stupefied 13 year old female, yet that same female is supposedly capable of consenting rationally, as a woman, to pack sex under the heavy influence of soporific?
Are females who are underage, impressionable, alone, unconscious and/or delirious equally responsible for the acts of male adults behaving soberly, collectively, calculatingly and deliberately when using intoxicants for the purpose of sexual conquest as motive for and product of their behaviour towards said females?
There is a more general point to this reflection. What does this series of coincidental snapshots tell us about New Zealand today? Are these aberrations of the Kiwi male character that somehow have gone unpunished and in fact rewarded in violation of accepted norms, or is Aotearoa not a safe place to be female?
For some time I have had the impression that Defense Minister Jonathan Coleman is out of his depth on issues of defense and security, so I was not surprised by his joyful celebration of the signing of a bi-lateral defense pact with the US. Master of the flak jacket photo op, it was all sunshine and roses for Dr. Coleman at the Pentagon press conference, where he emphasized that US and NZDF troops would be training and working together on peacekeeping and humanitarian assistance missions in between group hugs and port visits. He seemed blissfuly unaware that US Defense Secretary Chuck Hagel, standing beside him at the press conference, made no mention of the kumbaya aspects of the bilateral, instead referring to the combat integration benefits of closer military-to-military relations.
What I was surprised at was how provincial and just plain goofy Coleman appeared to be. Among other country bumpkin moments, he dismissed concerns about US spying on New Zealand by referencing an editorial cartoon that had spies falling asleep listening to NZ communications; he outright lied and said that the NZ government would not say anything in private that it would not say in public (which makes its silence on the Trans-Pacific Partnership negotiations all the more suspicious); he never once countenanced the thought that the bilateral might be part of the US strategic pivot towards Asia (in a military way), or that China might view the bilateral with some concern; and for a Pièce de résistance, he whipped out a junior sized All Blacks jersey and foisted it on the unsuspecting Hagel.
The last moment was gold. Hagel acted as if he was not sure what the piece of black cloth was all about. A pirate flag? A tea towel? Something for Halloween? Then Coleman did the most crassly egregious act of sponsor placement I have ever seen in an official government ceremony by turning the jersey to the cameras with all front logos on display (the back had Hagel’s name and the number 1 on it). AIG and Adidas would not have believed their luck, but what does it say about Dr. Coleman and his government that he/they thought it appropriate to shill for sports team sponsors at such an event?
The usual protocol for government to government exchanges of sporting symbols (most often on the occasion of bi- or multination sporting events) is to keep the colors and national crests but not the commercial logos. Such exchanges are done at the conclusion of formal meetings, with approved media doing the coverage on cue. Otherwise, the exchange is approved at press conference photo opportunities by prior consent. This avoids impromptu, ad lib or extemporaneous embarrassments or hijacks of the media op, to say nothing of security breaches.
On this the ritual of public diplomacy is pretty clear: public posturing and grandstanding is expected, but surprises are not.
In this instance Secretary Hagel was clearly surprised by the unilateral token of affection. He had nothing to give in return in front of the cameras. That means that the NZ embassy in Washington was incompetent, deliberately mean or ignored in the decision as to choice of gift as well as the way in which to present it, because it is brutally clear that Coleman and his staff were clueless as to the symbolism and significance of their preferred option for a unilateral, unscripted gift.
Lets ponder this. Coleman and his staff decided that the best gift to give the US Secretary of Defense on the occasion of signing a major bilateral military agreement ending years of estrangement was a replica jersey for a commonwealth sport barely recognized outside of some hard core devotee circles in the US. He might as well given him a surf lifesaving jersey.
I would have thought that a Mere pounamu, or better yet a Taiaha or Pouwhenua (to signify continued distance), would have been more appropriate for the occasion. With some advance warning (perhaps in consultation with the US embassy in Wellington), such a gift would be appreciated in its full significance by the US counterparts and transmitted as such to the interested public. Instead, the most powerful US civilian decision maker on military matters was given a piece of quick-dry, stretchable artificial cloth with corporate logos as a symbol of New Zealand’s commitment to first-tier military relations.
Coleman compounded the back-handed compliment with the jersey sponsorship display, thereby commercializing the event. To be honest, I could not believe what I was seeing and can only imagine what the Americans thought. I say this because in a former life I was party to such official ceremonies involving the US Defense Department and allied nation officials, and it was simply unimaginable that someone would attempt to push product, however unintentionally, during a symbolic gift exchange. That is why the display was so utterly cringe worthy.
In general though, I was not surprised by Coleman’s hillbilly-in-the-big-city moment. After all, if the Prime Minister, as Minister of Intelligence and Security, says that he cannot be bothered asking the GCSB questions about US spying on its allies, then it is no wonder that Dr. Coleman thinks that US spies are asleep and the US government is up with the play when it comes to the All Black nation.
Does there not seem something odd about the coverage of the little white girl found with a Roma (gypsy) family in Greece? From what I have seen the coverage has focused on her supposed abduction and the search for her birth mother (who, as it may turn out, is a Bulgarian gypsy with eight children living in squalid conditions who gave the child away to the Greek Roma family. If so, the “stolen” girl is the lucky child given the relative circumstances of her adopted and birth parents). But little coverage has been devoted to why the Greek police decided to seize the girl from her Roma guardians, who may well have been her legitimate adoptive parents if the story about her Bulgarian mother turns out to be true.
What prompted their suspicions? A tip-off about drugs in the Greek gypsy camp has been offered as the official reason, but why would that prompt suspicion about the child? Was it the that she looked different from the Roma parents? Or was it that the people involved were Roma and have a (largely mythological) reputation for abducting and selling children? Could it be that the Greek cops acted out of prejudice rather than legitimate concern, and the press followed their lead?
Given the virulent racism and intense hatred of Roma in Greece, what exactly prompted the Greek police to decide to intervene given that the girl appears to love her adopted parents and seemed happy with them? Would they have done so if the parents were white and the child was black?
The general Greek attitude was inadvertently summarised by a local sociologist who studies Roma, who expressed surprise because, according to him, Roma were known to act as intermediaries for illegal adoptions by childless Greek couples but where not known to adopt a non-Roma child as one of their own (this said before the identity of the Bulgarian gypsy mother was confirmed).
More tellingly, why the focus on the little white gypsy girl when there are thousands of non-white children being abducted, sold and traded every year, including in Greece? Why has the story not been used to highlight child trafficking in general, rather than as a window on Roma and their reputed criminal proclivities?
It could well be that there was something sinister in the placement of this particular girl with that particular Greek Roma family. But it is equally possible that she was adopted in accordance with Roma culture and received the love and care of a natural-born child. So why, exactly, the fuss about her when so many other children suffer far worse fates?
It is hard not to come away with the impression that what matters is that she is white and was being raised by “swarthy” people whose culture does not accord with the Western mainstream. If so, it tells us much more about the imbued or latent racism of the media coverage rather than the merits of the case. Worse yet, it leaves the fate of thousands of non-white children largely ignored by the same press that is so keen to follow this story.
If we backdrop this case against the incessant coverage of the Madeleine McCann case and the endless coverage of missing white kids in Europe, the US and elsewhere, then it becomes hard to escape the view that some missing kids matter more than others, and they matter only because of the colour of their skin as opposed to the circumstances of their disappearance.
I hate to say it and do not mean to go all soft on this particular subject, but if that is so then the media coverage stinks.
Salacious titillation and scandal anyone? Want cheap tawdry details of sordid behavior? Got sweaty palms?
Posted on 15:50, October 16th, 2013 by Pablo
Then go elsewhere because we have better things to do with our time, to say nothing of more important subjects to write about.
Well well well.
Edward Snowden has revealed that the Canadian signals intelligence agency Communications Security Establishment Canada (CSEC), a Five Eyes partner of New Zealand’s signals intelligence agency GCSB, has been electronically spying on a communications network operated by the Brazilian mines and energy ministry. Brazil has a strategy of using its natural resources exploitation to become a major power, and the Ministry of Mining and Energy (MME) is the coordination node for that strategy. The network connected the ministry, state run oil and mine companies and private Brazilian energy firms, and was a forum where subjects such as investment strategies, negotiating positions and other sensitive commercial information were discussed. This included comunications with firms such as Petrobras, the Brazilian state-owned oil conglomerate.
Needless to say, the MME communications network, presumably internet and telephonic in nature, would be of value to competitors or others seeking to countervail Brazilian economic growth and power projection. With its own energy sector comprising a vital part of Canada’s economy (often in competition with Brazilian interests), it should not be entirely surprising that the Canadian government authorized this instance of economic espionage.
CSEC shared what it obtained with its Five Eyes partners. That particular revelation follows on the heels of Snowden disclosing that the NSA tapped into the personal as well as official communications of Brazilian President Dilma Rousseff, although it is unclear if these were also shared with the other Five Eyes partners.
The CESC angle is interesting because Brazil is no adversary of the Five Eyes nations (in fact, it has a history of alliance with the US) and because Petrobras is a direct competitor of US and Canadian energy firms in a number of markets, including some in the Asia-Pacific. Petrobras has also been involved in pushing for off-shore oil and gas exploration rights in New Zealand, which means that the New Zealand government is quite possibly privy, in advance and thanks to the Canadians, to the Brazilian’s internal logics and bottom lines with regards to those ventures.
If so, it is possible that the recently passed legislation to severely curtail sea demonstrations against oil and gas exploration in New Zealand waters was motivated not by a direct request from Petrobras and other energy sector actors, but by direct knowledge of its internal concerns about the cost impact of such demonstrations if left unchecked. If this speculation is correct, it would be a twist to the economic espionage tale because the National government used the information gleaned by Echelon to help rather than hinder the activities of a foreign based private firm facing strong domestic opposition.
Whatever the specifics, the Canadian-Brazilian spy saga confirms what Snowden has previously disclosed, which is that the Five Eyes network routinely engages in economic espionage on allies as well as adversaries. Brazil has protested the intrusions vigorously, most recently by calling in the Canadian ambassador in Brasilia to complain about the breach of trust and previously by means of President Rousseff’s scathing speech to the UN General Assembly where she denounced the practice of spying on friends and partners. The Brazilians denunciations are not just rhetoric–they are actively looking for ways to create alternative internet routing systems that can circumvent US dominance of fiber optic cable networks. They have been joined in this initiative by–no surprises here–the Chinese.
Given these revelations, the questions begs as to what the GCSB is doing when it comes to economic espionage on allies or partners as well as adversaries. Given the Canadian revelations and given that Canada is considered to be a junior partner in Echelon/Five Eyes just like New Zealand, by what means does the GCSB do so and does it share the information that it collects with its Five Eyes counterparts?
We must remember that it is already known that the GCSB has eavesdropped on Japanese diplomatic communications regarding whaling and on UN communications in the build up to both Gulf Wars. Although this is a more traditional form of signals intelligence gathering in that it targeted diplomatic intercepts, the communications being intercepted were from a country that New Zealand is friendly with and an organization that New Zealand has been a champion of (and in which it is lobbying for a seat on the Security Council).
The revelations are important because it suggests that economic espionage by the Five Eyes network is pervasive and equally shared amongst the partners.
If I were involved with a Chinese firm, to say nothing of Petrobras and any number of other foreign commercial entities (state or private), I would be concerned about doing business in and with New Zealand given what we now know (so far–there is more to come). Forget milk powder contamination and other production snafus: the real issue is not so much product quality or reliability but whether New Zealand can be trusted to not use its signals intelligence capabilities and network to engage in the type of economic espionage the Canadians and Americans are clearly doing (and one would assume the Australians and British are doing as well). That the GCSB can now do it locally as well as from afar (thanks to the recently passed GCSB Act amendments) should double the concern.
The same concerns might be raised by the eight countries involved in negotiating the Trans-Pacific Partnership (TPP) trade and investment agreement that are not Echelon members. Australia, Canada, New Zealand and the US are parties to the negotiations, which given the Snowden revelations raises questions as to what they might covertly know about the other countries’ negotiating positions and about how much of what they might know is shared exclusively amongst themselves in order to better coordinate their approaches to the negotiations.
It should also be remembered that the NSA used private telecommunications firms and other corporate entities to cast its signals trolling net overseas. Does the GCSB do the same?
Of course, other countries engage in economic espionage. The Chinese, Russians, French and Israelis are known for it. But none of these countries have had their means and targets exposed in public, nor do they have the reach of the Five Eyes network at their disposal.
It is a big difference. If the Chinese, Russians or many others, either directly via state agencies or through any number of non-state (including corporate) fronts, want to obtain signals intelligence abroad, they have to do so covertly. But the Five Eyes partners freely share their signals intelligence. In other words, non-Five Eyes signals intelligence agencies have to try and sneak through back doors to access the sensitive information of others, whereas the Echelon members freely pass surreptitiously gathered information through the front doors of their respective signals intelligence agencies.
Perhaps that is why the GCSB and TSIC Bills have been pushed so hard and so fast by the National government. The concern was not about terrorism, which served as a good fig leaf. The concern was not just defensive, in countering cyber and signals espionage on New Zealand targets and interests No, the concern was as much if not more offensive in nature in that the new powers of the GCSB facilitates exactly the type of spying that the CSEC was engaged in with regard to Brazil.
More precisely, before the passage of the Bills (I am assuming that the TSIC bill will pass) the GCSB could engage in economic espionage on friendly countries and firms but the legality of it doing so was in question when it came to it engaging in such spying (as well as more traditional types of signals intelligence) on New Zealand soil. Now it can do so legally. Any country or firm not part of the Five Eyes network that proposes to do business with or in New Zealand needs to take account of that.
The bottom line is that the Snowden revelations increasingly point to GCSB involvement in economic espionage of the first order. It may be only a matter of time before he drops a bombshell about the who, what and where of GCSB espionage. For a minuscule isolated nation heavily dependent on trade with foreign partners for its economic prosperity, this could be a potentially disastrous development.