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Spare a thought for Anne-Marie.

datePosted on 10:10, February 15th, 2019 by Pablo

Put yourself in the following position: You are a professor at a NZ university, a NZ citizen who although well-known in your academic sub-field is virtually unknown outside of academia. Your research interests focus on the foreign policy of an Asian country and you have written well-received books and articles about aspects of it. You speak and read the language of that country and have many contacts in it. Because of your acknowledged expertise, you are invited to give talks and presentations on these subjects and are awarded visiting fellowships at prestigious institutions overseas.

In 2017 you write a paper about how the country you study influences politics in NZ. The paper is not theoretical or conceptually ground-breaking, but instead gives a fairly detailed description of the people and organisations involved in promoting the interests of that country in Aotearoa. It demonstrates the pervasiveness of this influence-mongering amongst the NZ political elite, including the two major political parties. It also shows the systematic way in which this country uses front organisations to control the foreign language media related to it as well as shut down independent ex-pat voices critical of it. The country you study is, not surprisingly, ruled by a one-party authoritarian regime and intolerant of criticism at home and abroad.

The paper is first presented overseas, whereupon the local media seize upon it to highlight how that country is exploiting the NZ political system. You receive much media attention and gain your five minutes of fame.

However, within weeks of it being made public, you begin to receive threatening messages and phone calls from people who apparently do not like the thrust of your paper. A few months after its publication your university office and home are burgled, twice. Nothing of value is taken other than some cell phones, lap tops and flash drives. The thieves make no attempt to disguise the robberies.

You go to the police to report the crimes. You have not had this happen to you before and you are concerned that the burglaries may be connected to the threats about your paper. The police initially fob you off saying that burglaries are a low-level crime and therefore of low priority, but then re-open their investigation after you go to the media to express your concerns that something sinister may be at play. The police dedicate a special investigative unit to the task and contact Interpol, the international police information sharing organisation, about the case. Months go by.

Almost a year after the burglaries, while your car is being warranted, the mechanics doing the job notice that your front tires appear to have been deliberately deflated. Not knowing who you are they contact the police because they believe the vandalism could result in a serious accident. The car in question is used by other family members as well as yourself, so when the police contact you it causes you further alarm. You worry about the safety of your husband and children as well as your own.

A few months after the tire-tampering the Police issue a statement saying that the investigation has concluded with no culprits having been found, either for the burglaries or the tampering. They encourage people with additional information to come forward but reiterate that they will not continue to investigate the case. The offenders have gone free. Meanwhile, even though statements of support for your right to academic freedom and freedom of expression have been signed by scholars and activists at home and abroad, the government–including the Prime Minister–refuse to be drawn on the case.

What are you to do? Here you are, a NZ citizen who has every reason to believe that the actions taken against you have the hand of a foreign power. behind them. The police offer you no protection but instead advise you to up your own security and have the university do likewise in your workplace. You do not know if the offenders are still in your home town or if they will come back again. You put on a brave face but you are afraid. You might even consider moving to a safer place, perhaps out of the country.

This is the situation facing Anne Marie Brady. All she did was write a paper detailing Chinese influence in NZ politics. She deserves to have her rights as an academic and a person of conscience defended by those entrusted with protecting the security of NZ citizens. Instead, those responsible for doing so decided that there was nothing that they can do. She is on her own in her own country.

Perhaps there are reasons of State behind the Police decision to wind up the investigation. Perhaps the Police are simply incompetent and wasted over a year chasing shadows. Either way, professor Brady has reason to feel that she has been abandoned by the authorities.

If in fact the burglaries and vandalism were done to intimidate her because of what she wrote, and if the perpetrators were aided, abetted or acted as agents of the Chinese regime, then they succeeded. Because even if professor Brady will not be intimidated, the real message from the NZ Police and the Labour-led government is that those who write critically about the PRC do so at their peril even if they do so while on NZ soil.

Angry losers who can’t get laid.

datePosted on 15:30, May 17th, 2018 by Pablo

What do Islamic extremists, alt-Right adherents and the Incel movement have in common? Many people might say “nothing,” but the truth is that for all their differences when it comes to socio-economic, cultural and ethnic identity, these almost exclusively all-male groups all share at their core the same misfortune: they cannot get laid. The inability to find sexual relief in turn fuels their regressive views of the social order and penchant for authoritarian governance because rather than fault themselves they blame others for their predicament, whether the others be infidels, “libtards” or women.

Of course, not every single jihadist or white supremacist is involuntarily celibate. Socio-economic and cultural conditions clearly factor into the extremist equation. But underlying all of that is sexual frustration expressed as sociopathic rage and, in many cases, violent to the point of homicidal tendencies. In some cultures, religiously-codified sexual repression produce a seething mass of angry young men unable to make basic connection with the opposite sex and/or drive them, at considerable peril, into closeted relations with other men. In other instances it is the inability to fit into the sexual mainstream (i.e. get a date) that drives individuals to extremism.

In previous years these social losers would by and large retreat into mastubatory isolation. Now, easy access to porn and the networking reach of social media allow them to feed off of each other’s misery and accelerate their descent into darkness. It allows them to mutually sharpen their objectification and contempt for those who would not have them. That makes them susceptible to manipulative explanations that their plight is the fault of others rather than themselves.

I say this because I have seen a fair bit of pop psychologising about terrorists but relatively little about other angry male sub-strata. When news broke of a Canadian incel running down people with a van in Toronto, it dawned on me that a common thread amongst virtually all male extremists is sexual frustration and rage. Again, this is not to claim that the trait is universal or that it is exclusive to Right wing militants, but there is enough evidence of it to suggest a pattern. So here is my pop psychology theory (which I shall call the “Psychosexual Theory of Extremism” in order to make it sound serious and give the impression that it is based on years of in-depth research): most Rightwing extremism has at its core a deeply rooted sexual origin, specifically manifest as sexual frustration translated into manipulable rage.

I am not sure which is worse, culture where sexual oppression is religiously condoned and institutionalised, or culture where sexual expression is by and large free but vacuous materialism and impossible to achieve post-modern notions of physical and social appeal combine in practice to limit carnal choices by the socially maladjusted or inept. And, whereas women tend to respond to feelings of social alienation by turning on themselves, men are more prone to act out their anger and frustration on others (I realise that I am generalising here so am happy to stand corrected).

Nothing I have said is new. The role of suppressed sexual desire in fostering rage that can be politically exploited is bound to be a constant in psychological studies of individual and collective violence. In fact, back in my days of working with unconventional warfare and counter-insurgency types, the joke was that many on the Left side of the extremist continuum joined in order to get laid (by other impressionable young militants) while those on the Right did so because they could not get laid even if their lives depended on it. That could well still be true.

Even so, it was my introduction to the incel crowd thanks to coverage of the Toronto murders and a conversation with an academic who thinks about such matters about the degree of misogyny and murderous anger expressed in incel circles that made me twig on the fact that they may well overlap with Alt-Right freaks and jihadi wanna-be’s much more than has been commonly acknowledged. Perhaps readers can illuminate me as to who has written in depth on the subject if that indeed is the case.

I cannot offer a remedy to the problem of sexual frustration leading towards violent extremism because the causal mechanisms are not simple and the remedies are not just a matter of finding girlfriends, boyfriends, prostitutes, spouses or partners. I do not know how to properly “channel”  the sexual rage of politically and socially reactionary angry males. So if anyone has ideas in this regard, feel free to share them because anything short of electroshock or forced conversion therapy that reduces the chances of such types going off the rails is worth trying.

In the meantime, beware the wrath of the blue-balled monsters.

In the US, what is needed is a Broad Front.

datePosted on 11:03, February 20th, 2018 by Pablo

The mass murder of 17 high school students and teachers in Florida at the hands of a deranged gunman has once again prompted public outcry about the need for better gun control in a country where gun-related violence is at epidemic levels. Foremost amongst those leading the charge for legislative reform in and around the 2nd amendment are teenagers, led by classmates of those killed and supported by a legion of kids nation-wide who have decided that they will do what their parents could or would not do: confront the National Rifle Association and the politicians in its pocket on the issue of who should have access to firearms, and which firearms should be made legally available to the citizenry.

Sadly, noble intentions notwithstanding, I fear that their efforts may be in vain and the movement will whither and die before any significant change can be made. Think of it this way. In this instance we have a mentally ill teenager kill other teenagers and staff at his former school. Teenagers are largely good if difficult to deal with, but there are enough of them (such as the killer) who push the boundaries of acceptable social convention for nothing more than self absorbed thrills. So one could say that not all of them are the precious flowers they are now being made out to be and that the loss of some teenagers (even if not these), while tragic, does not actually represent a complete waste of untapped human potential. I do not mean to be insensitive or cruel, but instead am trying to put things into context.

Because there are those other incidents to consider. For example, what about Sandy Hook? There 20 primary school kids were murdered along with six staff. These were little kids, still innocent, still wondrous, still untouched and untainted by the distractions of teenage life and attractions of the adult world. And yet, even as then president Obama tried to get the Republican controlled Congress to do something when it came to mentally ill people having legal access to semi-automatic weapons, nothing–as in zero–got done. A movement in their memory was started and yet it failed to gain wide-spread traction across the country. Little kids–precious, innocent kids– were murdered and nothing was done. So why do we think that the deaths of some teenagers will suddenly change the terms of any national discussion about guns?

I suggest that it will not change unless the teenage #NeverAgain movement joins forces with other social movements in what can be called a Broad Front (or, as the Maoists used to say in its original incarnation, “United Front”). The objective is to join together otherwise seemingly disparate groups in common cause. That is because if the #NeverAgain crowd go it alone they can be isolated and divided from, if not against, other mass based collective actors seeking systemic and institutional reform. This type of stove-piping or siloing makes divide and conquer tactics on the part of the status quo easier to accomplish, especially when the teenagers in question are not monolithic on the subject of gun control and may not have the type of national reach that they aspire to (say, for example, amongst adolescents in North Dakota, Idaho, West Virginia or Wyoming, where the gun and hunting culture is ideologically hegemonic).

Instead, what the kids in the #NeverAgain movement need to do is establish links with groups such as Black Lives Matter, the #TakeaKnee anthem protesters, the Women’s March on Washington, LGBT groups, unions and professional associations (including those that represent professional athletes, musicians and other artists), student governments, Hispanic, Arab, African-American, Asian and other identity organisations, religious entities, political organisations, pacifists and peace advocates, medical and psychiatric associations and lobbying groups, chambers of commerce, even local governments. The common cause is rejection of the existing gun culture and the agents of death that represent it in politics, to include the NRA and the media types and politicians who parrot its lines. The Broad Front can then rally around a few simple, good sense-based propositions regarding the who/how/what and whens of gun ownership in a diverse and democratic (as of yet) society. The unifying thread in both facets is the belief that the mental, physical and social costs of the current gun ownership regime far outweigh whatever benefit it may have in terms of personal and collective safety, and that since most of the costs are paid by taxpayers while the benefits are accrued by weapons manufacturers and dealers, the interest groups that represent them and some individuals rather than society as a whole, the current gun culture is reactive rather than proactive in its approach to commonweal costs and biased in favour of death merchants rather than children.

Interestingly, there is a parallel and example provided by the Argentine “Nunca Mas” (Never Again) movement that emerged from the ashes of the military dictatorship of the 1970s and early 1980s and which grouped a wide swathe of organisations in the effort to find justice for those victimised by the junta and to put an end to the culture of impunity that led to the so-called “dirty war” in which so many innocent lives were lost. In name and in broader intent, this is exactly what the English hashtag eponym movement is all about.

Organizing a Broad Front around the #NeverAgain movement will be hard to do but that is what collective action is all about–organizing people by making them think outside of their own personal circumstances and in terms of the collective good. For the #NeverAgain movement there has to be a conscious, deliberate and systematic effort to reach out and establish horizontal solidarity ties with other mass-based organisations and collective agents with agendas for change. There are few subjects that can unite a wide array of ideologically diverse and often narrowly-defined interest and activist groups in a heterogeneous society such as that of the US, but if there is one that can do so, it is the issue of gun control.

And a Broad Front can be made from that.

Letters from America, take seven: Dark Irony.

datePosted on 07:50, October 4th, 2017 by Pablo

The fact that a country western concert in the US was the target of yet another mass murder spree by an automatic weapon- toting white man is darkly ironic given that country western fans tend to be ninety percent white, predominantly middle and working class, republican in political orientation and a core demographic of the National Rifle Association (NRA) and the Trump support base. They are known for wearing and displaying US (and confederate) flags along with cowboy boots and hats, and indeed many of the victims were clad in patriotic-themed apparel.  The guns used were apparently US-made semi-automatic assault rifles converted to fully automatic by the use of converter kits known as “bump stock” kits (which provide an anti-lock override mechanism attached to a short stock that allows the shooter to hold the trigger down and use the recoil to simulate an automatic setting). The shooter used extra capacity magazines, which are legal in Nevada, as are the conversion kits. In fact, the weapons, ammo and conversion kits can be purchased at the same time in any gun store. Truth be told, a converter kit is not always necessary. A simple file can be used to file down the spot welds that often are the only thing preventing a semi-automatic weapon from becoming fully automatic, especially on older model combat weapons like AK-47s and M-14s.  In any case, semi-automatic weapons are classfied as hunting weapons so purchases do not need to be entered into a federal databank (as some states require automatic weapons to be).

The entire cache of weapons, amunition and acessories stockpiled by the killer were legal. And since he had no prior criminal convictions, so was his possession of them.

With the exception of some rightwing conspiracy types who claimed that the killer was a Muslim convert, and Daesh, which tried to claim credit for the attack, no one in a position of authority is claiming that this was an act of terrorism.

I tend to agree with this assessment even though people in the killing field were clearly terrorized and many more traumatized by what they experienced. Beyond the motivation-versus-effect argument about how to define terrorism, the hard fact is that here again we have another example of a white male getting a pass on the “terrorist” label. Be it in Sandy Hook, Charleston or Colombine, white males who commit mass murders, even when motivated by racial, political or religious animus, are described as mentally ill, insane, maniacs or lunatics. They are not called domestic terrorists.

That is not the case when people of color engage in similar acts, even though the majority of mass murders with guns in the US are committed by white males. Plus, by definition someone who undertakes such acts has to be at least a little bit mentally out of kilter. So why call some US mass murderers crazy and some cold-blooded terrorist killers? Given the level of planning put into the Las Vegas attack, it can be argued that the perpetrator was much less nuts than many other murderers. Yet the “T” word will not be used on him even though what he did was deliberate, calculated, well-planned and executed and designed to have the maximum lethal effect on what was a carefully chosen mass target.

We shall see what set off him off.  It might be gambling debts, a romantic breakup or a psychopathic meltdown rather than a political or musical grudge. He clearly knew what he was doing, and he acted in premeditated fashion. So the forensics on the event will be interesting. Less so is the tragedy porn now playing 24/7 on US television screens, where tales of human misery and pathos, be it man-made (Las Vegas) or natural in origin (Puerto Rico) are on repeat loops for the morbidly obsessed (I am in the US on an extended sabbatical so am getting to live this in real time).

What is noticeably absent from the official police statements and pretty much all of the hourly “news” coverage is any discussion of gun laws that allow an individual to amass 30 or so automatic firearms, thousands of rounds of combat grade ammunition and precursor chemicals for explosives. Instead, the coverage is all about the shooter, his motivations and the wonderful character and/or heroism and/or sacrifice of all of his victims. Leave it to the “liberal” talk show hosts to address that elephant in the room, and leave it to the rightwing media and politicians to make the discussion about gunowners rights as opposed to the victim’s rights that were so brutally violated.

That is why I have no illusions that anything good will come of this. If nearly 30 kids can be murdered in Sandy Hook and nothing gets done in terms of gun control, and instead rightwing freaks saturate social media with claims that it was a government conspiracy hoax done to take away guns from law abiding people (like the Las Vegas shooter), then there is little hope that the president or Congress are going to do anything to change the status quo just because some good ole boys and girls got the hot lead hose down by a disgruntled accountant. This is especially true since Republican congresspeople and the president have received large sums of campaign (if not other) money from the NRA.

It is, however remotely, possible that because of who he targeted, the Las Vegas killer might have sparked a pang of conscience in the gun lobby and the politicians who pockets are lined by it. If that is the case then the victims will not have suffered and died in vain. But for the moment one can only repeat what has been said many times before: the time for thoughts and prayers for the victims is over. The time for action on gun control is long past due.

Have some impunity with your privilege.

datePosted on 12:55, September 7th, 2016 by Pablo

Extending the theme of short posts about current events, here is this one:

An up and coming sportsman gets name suppression and no jail time for filming a sex act with a women and posting it on the internet. In his sentencing the judge said that naming him and serving jail time would interfere with his athletic career even though the victim suffered significant emotional harm. The athlete/secret taper is ordered to pay a $2000 reparation to the victim–a day after he paid her that sum.

A case of domestic violence against a doctor in Auckland is thrown out of court and he walks free after his father-in-law pays Crown witnesses (the exact reasons are not specified in media reports but one could expect that whatever the reason this is a pretty straight forward example of pervasion of justice given that the couple had reconciled and wanted to “put things behind them”). The police say that they are “aware” of the payments but refuse to say anything else.

The Minister of Health attends a Vegas themed fundraiser for Northcote Primary School in which parents partied with fake cocaine. He says revelations in the media are a “beat up” because the event raised $30,000 for the school. He claims that he did not see the faux coke and did not ingest. Apparently none of the parents involved thought anything was wrong with simulating drug use at a school function, and the Health Minister (of all people!) thinks it is all good because much money was raised. As a friend of mine mentioned, they would have made a lot more money if they had used real coke instead.

All of these episodes were made public in one day. What do they have in common?

Well, they follow a long history of instances in NZ where people of privilege, be it via sports, money, political clout or social connection, engage in and are later absolved of full consequence for behaviour that otherwise would be considered worth severe sanction. I am sure that readers will remember many such instances. What does this say about the supposedly egalitarian and honest nature of Kiwi society?

Or look at it this way: if the clandestine sex taper was mediocre at sports, if the doctor and his wife were recent immigrants, if the Northcote Primary parents were from South Auckland, and if the politician was an opposition backbencher, would the media coverage and outcomes be the same?

The Language of Violence

datePosted on 10:37, July 18th, 2016 by E.A.

There was an attempted coup in Turkey on the weekend. So far there are no real details on why and militaries can end up intervening in politics for a variety of reasons. Jets were scrambled, an attack helicopter was shot down and people massed in the streets and suddenly as it started it was over.

What is known is that while Erdogan is back in power I don’t think this is really a victory for democracy as he has become increasingly authoritarian over time and been connected to more than one scandal while in government.

Already the media has been talking about “purges” of both bad military personnel and anyone else who happens to oppose him so don’t expect the underlying issues which sparked the coup to go away anytime soon.

Add to this an ongoing bombing campaign in Turkey, often directed at military personnel and the “fun fun fun” next door in Syria and it’s not too difficult to see what may have been going through the minds of the plotters when they decided to have a coup.

The death toll from all of this is around 300 and it appears that those in the coup maker’s side decided to fire on civilians at least once, which while not the turning point, would not have been a recommended means to gather support when overthrowing a government.

Meanwhile in the US more police officers are dead in what is starting to appear to be tit for tat style killings in response to police killing various black American males.

While tragic I can’t help but feel somewhat concerned that in a nation full of guns and racial tensions (among other things) this is not going to be the last time this happens. An example has been set and if the police continue to use guns as a means to enforce the law then expect others to do so as well in response to issues of police behaving lawlessly.

And while somewhat peripheral to the situation, killings those tasked to enforce the law is a text book indicator of a brewing insurgency. Usually these acts happen to not only send a message and destabilize the current authority (allowing the insurgent to substitute its own authority) but to also acquire weapons to which further the struggle but in gun crazy USA there is no need to worry about getting your hands on high power weaponry (thanks NRA!) so consider this just a message sent.

Politicians and pundits wring their hands, the president says something reassuring but I can’t see any political means for the US to step away from this. The US looks more and more like an apartheid state every day and nothing I hear from friends and family living there gives me any indication that the horrible momentum of a dying super power will be arrested before the inevitable fall happens (for those who would like to get an indicator of how this goes I strongly recomend Gibbons Decline and Fall of the Roman Empire as a text book read for how Empires fail).

And over in Asia the sabers are being rattled after the Permanent Court of Arbitration (PCA) decided to enforce the UNCLOS (United Nations Law of the Sea) against Chinese actions in the South China Sea, deeming them illegal.

Will that actually stop China from building islands and military bases on coral reefs and atolls and behaving belligerently? Probably not as the immediate response out of Beijing was to declare it “rigged” in favor of the West which I would normally consider an appropriate response from China but in this instance just smacks of sour grapes.

In fact I expect immediate action form China in the wake of this as its already verbally blasted Australia for commenting unfavorably on this and I wonder if our current trade spat with China might be related to our not kowtowing to China on this issue.

What is clear that this one has been slow brewing for the past half-decade and even longer once you get into the history of it (one of my specialist areas of Masters study) and with natural resources like fishing, possible oil, and territorial sovereignty on the line among China, Taiwan, The Philippines, Vietnam, Malaysia, Indonesia and Japan (as something similar is brewing between Japan and China over disputed islands between them) no body is likely to be able, or willing to back down.

Add to this increased naval and related weapons sales to all parties and the US firmly opposed to China on this issue and you have all the makings of a cold war style thriller (which, if I remember correctly, was actually predicted by some Cold War style Tom Clancy type novelist in the 1980’s, whose names escapes me at this time).

And finally in NZ we have two individuals shot dead by the Police in one week. Both may have been in self-defense and both may have been justified (as details, while sketchy, seem to indicate that it was a means of last resort or in the face of imminent threat) but again the message is clear and unlike the US not (at least yet) a common occurrence in our society.

There is no common thread among these events except one which is, as the song* says, that “death is the silence” in the language of violence.

*-The Language of Violence by The Disposable Heroes of Hiphoprisy

 

 

 

I was invited to speak at a forum in Wellington on the “Privacy Security Dilemma.” It included a variety of people from government, the private sector, academia and public interest groups. The discussion basically revolved around the issue of whether the quest for security in the current era is increasingly infringing on the right to privacy. There were about 150 people present, a mixture of government servants, students, retirees, academics, foreign officials and a few intelligence officers.

There were some interesting points made, including the view that in order to be free we must be secure in our daily lives (Professor Robert Ayson), that Anglo-Saxon notions of personal identity and privacy do not account for the collective nature of identity and privacy amongst Maori (Professor Karen Coutts), that notions of privacy are contextual rather than universal (Professor Miriam Lips), that in the information age we may know more but are no wiser for it (Professor Ayson), that mass intrusions of privacy in targeted minority groups in the name of security leads to alienation, disaffection and resentment in those groups (Anjum Rahman), and that in the contemporary era physical borders are no impediment to nefarious activities carried out by a variety of state and non-state actors (various).

We also heard from Michael Cullen and Chris Finlayson. Cullen chaired the recent Intelligence Review and Finlayson is the current Minister of Security and Intelligence. Cullen summarised the main points of the recommendations in the Review and was kind enough to stay for questions after his panel. Finlayson arrived two hours late, failed to acknowledge any of the speakers other than Privacy Commissioner John Edwards (who gave an encouraging talk), read a standard stump speech from notes, and bolted from the room as soon as as he stopped speaking.

Thomas Beagle gave a strong presentation that was almost Nicky Hageresque in its denouncement of government powers of surveillance and control. His most important point, and one that I found compelling, was that the issue is not about the tradeoff between security and privacy but between security and power. He noted that expanded government security authority was more about wielding power over subjects than about simply infringing on privacy. If I understand him correctly, privacy is a commodity in a larger ethical game.

Note that I say commodity rather than prize. “Prize” is largely construed as a reward, gain, victory or the achievement of some other coveted objective, especially in the face of underhanded, dishonest, unscrupulous and often murderous opposition.  However, here privacy is used as a pawn in a larger struggle between the state and its subjects. Although I disagree with his assessment that corporations do not wield power over clients when they amass data on them, his point that the government can and does wield (often retaliatory) power over people through the (mis) use of data collection is sobering at the very least.

When I agreed to join the forum I was not sure exactly what was expected from me. I decided to go for some food for thought about three basic phrases used in the information gathering business, and how the notion of consent is applied to them.

The first phrase is “bulk collection.” Bulk collection is the wholesale acquisition and storage of data for the purposes of subsequent trawling and mining in pursuit of more specific “nuggets” of actionable information. Although signals intelligence agencies such as the GCSB are known for doing this, many private entities such as social media platforms and internet service providers also do so. Whereas signals intelligence agencies may be looking for terrorists and spies in their use of filters such as PRISM and XKEYSCORE, private entities use data mining algorithms for marketing purposes (hence the targeted advertisements on social media).

“Mass surveillance” is the ongoing and undifferentiated monitoring of collective behaviour for the purposes of identifying, targeting and analysing the behaviour of specific individuals or groups. It is not the same thing as bulk collection, if for no other reason than it has a more immediate, real-time application. Mass surveillance is done by a host of public agencies, be it the Police via CCTV coverage of public spaces, transportation authorities’ coverage of roadways, railroads and airports,  local council coverage of recreational facilities and areas, district health board monitoring of hospitals, etc. It is not only public agencies that engage in mass surveillance. Private retail outlets, shopping centres and malls, carparks, stadiums, entertainment venues, clubs, pubs, firms and gated communities all use mass surveillance. We know why they do so, just as we know why public agencies do so (crime prevention being the most common reason), but the salient fact is that they all do it.

“Targeted spying” is the covert or surreptitious observation and monitoring of targeted individuals and groups in order to identify specific activities and behaviours. It can be physical or electronic (i.e. via direct human observation or video/computer/telephone intercepts). Most of this is done by the Police and government intelligence agencies such as the SIS, and most often it is done under warrant (although the restrictions on warrantless spying have been loosened in the post 9/11 era). Yet, it is not only government security and intelligence agencies that undertake targeted spying. Private investigators, credit card agencies, debt collectors, background checking firms and others all use this as a tool of their trades.

What is evident on the face of things is that all of the information gathering activities mentioned here violate not only the right to privacy but also the presumption of innocence, particularly the first two. Information is gathered on a mass scale regardless of whether people are violating the law or, in the case of targeted spying, on the suspicion that they are.

The way governments have addressed concerns about this basic violation of democratic principles is through the warrant system. But what about wholesale data-gathering by private as well as public entities? Who gives them permission to do so, and how?

That is where informed consent comes in. Informed consent of the electorate is considered to be a hallmark of robust or mature democracies. The voting public are aware of and have institutional channels of expression and decision-making influence when it comes to the laws and regulations that govern their communal relations.

But how is that given? As it turns out, in the private sphere it is given by the phrase “terms and conditions.” Be it when we sign up to a social media platform or internet service, or when we park our cars, or when we enter a mall and engage in some retail therapy, or when we take a cab, ride the bus or board a train, there are public notices governing the terms and conditions of use of these services that include giving up the right to privacy in that particular context. It may be hidden in the fine print of an internet provider service agreement, or on a small sticker in the corner of a mall or shop entry, or on the back of a ticket, but in this day and age the use of a service comes attached with it the forfeiture of at least some degree of privacy. As soon as we tick on a box agreeing to the terms or make use of a given service, we consent to that exchange.

One can rightly argue that many people do not read the terms or conditions of service contracts. But that is the point: just as ignorance is no excuse for violation of the law, ignorance of the terms of service does not mean that consent has not been given. But here again, the question is how can this be informed consent? Well, it is not.

That takes us to the public sphere and issues of governance. The reality is that many people are not informed and do not even think that their consent is required for governments to go about their business. This brings up the issue of “implicit,” “implied” or inferred” consent. In Latin American societies the view is that if you do not say no then you implicitly mean yes. In Anglophone cultures the reverse is true: if you do not explicitly say yes than you mean no. But in contemporary Aotearoa, it seems that the Latin view prevails, as the electorate is often uninformed, disinterested, ignorant of and certainly not explicitly consenting to many government policy initiatives, including those in the security field and with regards to basic civil liberties such as the right to privacy and presumption of innocence.

One can argue that in representative democracy consent is given indirectly via electoral processes whereby politicians are elected to exercise the will of the people. Politicians make the laws that govern us all and the people can challenge them in neutral courts. Consent is given indirectly and is contingent on the courts upholding the legality if not legitimacy of policy decisions.

But is that really informed contingent consent? Do we abdicate any say about discrete policy decisions and legislative changes once we elect a government? Or do we broadly do so at regular intervals, say every three years, and then just forget about having another say until the next election cycle? I would think and hope not. And yet, that appears to be the practice in New Zealand.

Therein lies the rub. When it comes to consenting to intrusions on our privacy be they in the private or public sphere, we are more often doing so in implicit rather than informed fashion. Moreover, we tend to give broad consent to governments of the day rather than offer it on a discrete, case by case, policy by policy, law by law basis. And because we do so, both public authorities and private agencies can collect, store, manipulate and exchange our private information at their discretion rather than ours.

I have had a professional interest in torture since my days doing human rights work in Latin America. As part of that work I talked to victims as well as perpetrators of state terrorism and subsequently wrote professionally about its usage in Argentina. Later on I consorted with members of the US counter-intelligence community who were responsible for interrogations of suspected spies and other bad people. They helped me understand the difference between coercive (as opposed to passive or sympathetic) interrogations and torture. The combination of experiences made clear to me that torture is more about punishment and collective deterrence through fear than it is about timely and sensitive information-gathering.

When the US started using its “enhanced interrogation techniques” after 9/11, descending into the medieval weirdness of Abu Ghraib and camp X-Ray at Guantanamo Bay, I tried to make sense of it.

In recent years the US Congress and the CIA have conducted investigations into the enhanced interrogation program. The bottom line is twofold: enhanced interrogations did not work any better than “normal” interrogations in extracting valuable information from terrorism suspects; and the justifications for using them was specious and deceptive at best. The best way of garnering valuable intelligence, as it turns out, is through a combination of timely signals collections working in concert with old fashion human intelligence gathering on the ground.

Now along comes Donald Trump claiming that not only does torture work but that he would “do worse” to suspects than water boarding in order to extract information from them. By now it should be clear that he is a blithering idiot on foreign relations, military affairs, intelligence operations, and pretty much everything else when it comes to public policy, to say nothing of being a serial liar with the purest case of narcissistic personality disorder seen since Narcissus himself (and were it that he could only suffer the same fate).

Heck, he makes Al Gore’s claim about inventing the internet look like a child’s fib in comparison!

In any event, Trump is dangerously wrong.

In an interview with a NZ business publication, this is what I had to say bout Trump’s remarks.

Media Link: Brussels’ heart of darkness.

datePosted on 19:56, March 23rd, 2016 by Pablo

I wrote a short opinion piece in the Herald outlining some of my thoughts about the Brussels terrorist attacks. Unless the root causes of the problem are addressed, there will be no end to them. Even if they overlap in the form of foreign fighters, those root causes primarily reside in the disaffection and alienation produced by socio-economic and cultural grievances at home rather than in the conflicts of the Middle East. The solution is to be proactive as well as reactive to the threat posed by domestic radicalisation, and that involves social reform as well as better human intelligence collection in the communities from which home-grown jihadists emerge.

Questions of the day.

datePosted on 13:46, March 10th, 2016 by Pablo

It seems that a fair share of people are concerned about the Intelligence Review Committee’s recommendation that the GCSB be allowed to spy on the private communications of NZ citizens and residents, most often with a warrant adhering to a three tiered process that requires the signature of the Attorney General and Judicial Commissioner for the most intrusive searches of private individual’s communications and, under highly exceptional circumstances (involving the combination of imminent threat and the need for immediate real time information), accessing private individual’s communications without a warrant.

This essentially codifies what is already being done in practice under the GCSB’s “assist” role whereby it can offer its technological capabilities under warrant to other government agencies when asked and can engage in warrantless spying on NZ citizens and residents if they reside abroad or work for or are associated with foreign-based entities like NGO’s, IO’s embassies, corporations, charities and CSO’s. Remember: this is targeted eavesdropping and signals intercepts, not mass (meta-) data collection or mass surveillance. The argument goes, and I tend to agree in part with it, that the NZ threat environment has become increasingly “glocal” or “intermestic,” meaning that the boundaries between global or international affairs and domestic and local concerns are increasingly blurred thanks to advances in telecommunications, transportation and economic transaction. Hence the need for targeted GCSB involvement in matters of domestic espionage when warranted.

In any event my first question is this: why, if people are concerned about the publicly-debated legal extension of the GCSB’s de facto “assist” role, are they not concerned about the use of military assets (specifically, the deployment of light armoured vehicles, a helicopter and troops) to assist the police in the Kawerau police shooting and siege? After all, the use in a police operation of combat designed equipment and soldiers trained and equipped  for external combat would seem to be stretching the proper, legally defined role of the NZDF even if we consider its civil defense responsibilities (which, if I am not mistaken, would only apply to armed intervention in instances of civil war or insurrectionist  (read: Maori) upheaval). Should there not be a clear separation of NZDF missions and police matters delineated in law? Pardon my ignorance, but is there? Is there a legally outlined “assist” role for the NZDF in armed confrontations like this latest incident and the Napier siege of a few years ago? Or is the operational relationship between the NZDF and Police more ad hoc, informal and circumstantial in nature?

Then there is the suggestion by Michael Cullen that future Intelligence Reviews could consider merging the GCSB and SIS. This would be akin to merging the NZDF and NZ Police. So my next question is: would we ever consider merging the NZDF and Police? If not, why would we consider merging a signals intelligence collection agency with a human intelligence collection agency?

There is more to ask. Most of what the GCSB does is foreign intelligence collection on behalf of the 5 eyes network. The domestic side of its targeted spying is relatively small in comparison and again, done in service of or in concert with domestic agencies such as the SIS and Police, most often under warrant or given the exceptions listed above. Otherwise and for all intents and purposes, the GCSB is a branch of the 5 Eyes on NZ soil, not a fully independent or autonomous NZ spy agency. Think of the amount of money that the GCSB receives from 5 Eyes, amounts that are believed to be well in excess of its NZ government-provided budgetary allocations (the exact figures are classified so are what is known as “black” allocations under he “reciprocity agreement” that binds the GCSB to the rest of the 5 Eyes partners). Think of the highly sensitive technologies it employs. When the GCSB was first established, was the equipment and personnel used completely Kiwi in nature? Is the equipment used today completely Kiwi in nature and are the people manning the listening posts at Waihopai and Tangimoana today all NZ citizens?

Given the network resources at its disposal, were the GCSB to merge with the SIS it is possible that the latter would be subject to institutional “capture” by the former. That would mean that the intelligence priorities and requirements of 5 Eyes could come to dominate the human intelligence priorities of the SIS. I am not sure that is a good thing. And if we consider that the separation of powers concept that is at the core of democratic practice should institutionally extend beyond the tripartite structure at the apex of the state apparatus (executive, legislature, judiciary), then centralising the most intrusive spying powers of the state in one agency answerable almost exclusively to the executive branch seems to be antithetical to that premise.

It could  be the case that the possibility of a merger is being floated so that the SIS and GCSB can concentrate on external espionage and counter-espionage, with the domestic intelligence function reverting wholly to the police (who already have their own intelligence units). But even then the GCSB will continue to have a role in domestic signals collection, so the result of the merger would mainly impact the focus and organisation of the SIS.

I was fortunate to have a private audience with the Review Committee. From what I have read in the report so far, much of what I recommended was ignored. Even so, I do believe that the committee tried to balance civil liberties with security requirements and take what is a hodgepodge of disparate intelligence legislation and craft a uniform legal framework in which the iNZ intelligence community can conduct its operations. Heck, they even have recommendations about the legal cover given to undercover agents, both in terms of the process of assuming false identities as well as in terms of their immunity from liability when discharging their undercover tasks (apparently no such legal cover exists at the moment or is patchy at best).

Although I was disappointed that much of what I recommended to the committee did not appear in the final report, I am satisfied that their recommendations are a step forward in terms of transparency, accountability and oversight. I realise that this sentiment is not shared by many observers (for example, Nicky Hager was scathing in his appraisal of the report), but to them the questions I posed above are worth considering. To wit: If you are comfortable with the military getting involved in domestic law enforcement in exceptional (yet apparently regular) circumstances, then what is the problem with the GCSB getting more publicly involved in domestic espionage in similar circumstances?

There is much more to discuss about the Report and I may well do so as I wade through it. For the moment, here is a good critical appraisal worth reading.

 

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