Archive for ‘Democracy’ Category

Double Trouble.

datePosted on 13:03, September 15th, 2014 by Pablo

Glenn Greenwald’s arrival in NZ has reignited controversy over who, exactly, the GCSB spies on, how it does so, and for whom it does so. Tonight he will outline what he has gleaned from the Snowden leaks, and I have no doubts that what is revealed will be of serious consequence. The impact will be twofold.

So far, most attention has focused on the domestic side of the equation, in the form of claims that the GCSB, in concert with its 5 Eyes partners, conducts mass surveillance of New Zealand citizens and residents. The way it does so is to tap into the broadband infrastructure in order to extract so-called “metadata,” that is, the key identifiers of cyber messages such as time, sender, internet addresses and geographic locations of those communicating, etc. This information is stored and later subject to data mining from technologies like X Keyscore, which searches for keywords and phrases that can justify opening the metadata in order to reveal the contents of the messages identified by the data-mining technologies.

In simple terms, it is like going to people’s postboxes and recording all of the identifying features of their mail without opening the mail itself unless key identifiers allow the government to do so.

The government maintains that a) it does not collect metadata on New Zealanders and NZ permanent residents; and b) that collecting metadata is not equivalent to mass surveillance in any event since the contents of the messages from which metadata is extracted are not accessed unless there are reasons of national security to do so, and this occurs only in a handful of instances.

The reality is that because of a gentleman’s agreement between the 5 Eyes partners, metadata of the citizens of one partner state is accessed and collected by one or more of the other partners and only sent to the originating state if data-mining indicates that there is reason to open the contents of specific metadata “packages” concerning citizens or residents of that state. In this way the originating state government can claim that it is not engaged in mass surveillance of its own citizens or residents.

That may be parsing the meaning of “mass surveillance” beyond useful construction, but it does allow the government to deny that it conducts such mass surveillance on technical grounds–i.e., metadata is not the same as a private communication because it has no content.

The problem with such specious reasoning is that it violates two foundational tenets of liberal democracy: the right to privacy and the presumption of innocence. If it is considered an untoward invasion of privacy for the government or others to systematically rifle through and record the identifying features of correspondence in people’s mail boxes, then it is equally a violation of  citizen’s rights to privacy for the government to electronically collect and store their cyber metadata.

Moreover, the mass collection and sharing of metadata by 5 Eyes intelligence agencies violates the presumption of innocence that citizens of democracies are supposedly entitled to. That is because the metadata is collected without cause. The government does not have a specific reason, suspicion or motive for collecting metadata, it just does so because it can under the aegis of “national security.” It then subjects this metadata to data-mining in order to find cause to conduct more intrusive searches of the contents.  It is, in effect, trawling through everyone’s cyber communications in order identify and presumably counter the nefarious behaviour or plans of some individuals, groups or agencies.

This strikes at the heart of democracy. Yet the remedy is fairly simple. Under legal challenge the government can be forced to show cause for the collection of metadata of its citizens and residents. If it cannot, then the courts can deem such collection to be illegal in all but the most exceptional circumstances. With that judgement–and I very much doubt that any High Court would find it reasonable or permissible to engage in mass metadata collection without cause–intelligence agencies are put on notice and henceforth proceed with metadata collection and sharing at their peril.

In contrast to the attention directed at the issue of mass surveillance, there is a far more damaging side to Greenwald’s revelations. That is the issue of the GCSB and 5 Eyes espionage on other countries and international agencies such as the UN or non-governmental organisations as well as foreign corporations, financial institutions, regulatory bodies and the like. Such external espionage is part of traditional inter-state intelligence gathering, which includes economic, military and political-diplomatic information about targeted entities.

Judging from what has already been revealed by the Snowden leaks with regard to the external espionage activities of the other 5 Eyes partners, it is very likely that Greenwald will reveal that NZ, through the GCSB in concert with 5 Eyes, spies on friendly or allied states as well as hostile state and non-state actors such as North Korea and al-Qaeda. This may include trade or diplomatic partners. It could well include economic or commercial espionage.

The impact of such revelations will outweigh the repercussions of the domestic surveillance aspects of the Snowden leaks. With the nature and extent of NZ’s espionage made public, its reputation as an independent and autonomous “honest  broker” in international affairs will be shattered. Its pursuit of a UN Security Council seat could well go up in smoke. But above all, the response of the states that have been and are targeted by the GCSB will be negative and perhaps injurious to NZ’s national interests. The response can come in a variety of ways, and can be very damaging. It can be economic, diplomatic or military in nature. It could involve targeting of Kiwis living in in the states being spied on, or it could involve bans or boycotts of NZ exports. The range of retaliatory measures is broad.

Unlike the other 5 Eyes partners, NZ has no strategic leverage on the states that it spies on. It is not big, powerful or endowed with strategic export commodities that are essential for other countries’ growth. Yet it is utterly trade dependent. Because of that, it is far more vulnerable to retaliation than its larger counterparts, especially if it turns out that NZ spies on its trade partners.  Imagine what will happen if it is revealed that NZ and the other 5 Eyes partners spy on TPPA  members in order to secure advantage and coordinate their negotiating strategies (keeping in mind that Australia, Canada and the US are all TPPA parties). What if if NZ spies on China, its biggest trade partner, at the behest of the US, with whom China has an increasingly tense strategic rivalry? What if it spies on Japan, Malaysia, Chile, Iran, India, Russia or the UAE? What if it spies on the Pacific Islands Forum and other regional organisations? What if it spies on Huawei or some other foreign corporations? Again, the possible range of retaliatory options is only surpassed by the probability that they will be applied once NZ’s espionage activities are made public.

In light of this it behooves the government to make contingency plans for the inevitable fallout/backlash that is coming our way. I say “our” rather than “their” because the response of the aggrieved parties will likely have, be it directly or as a trickle-down effect, a negative impact on most all Kiwis rather than just this government.  But so far the government has indicated that it has no contingency plans in place and in fact has adopted a wait and see approach to what Greenwald will reveal.

If so, it will be too late to mitigate the negative external impact of his revelations. And if so, that is a sign of gross incompetence or negligence on the part of the PM and his cabinet because they have known for a long time what Snowden took with him regarding NZ (since the NSA shared the results of its forensic audit of the purloined NSA material once Snowden disappeared). It therefore had plenty of time to develop a plan of action whether or not Greenwald showed up to be part of Kim Dotcom’s “Moment of Truth” event.

All of which means that, if Greenwald delivers on his promises, New Zealand is in for a very rough ride over the next few months. That, much more so than Dotcom’s quest for revenge against John Key, is why tonight’s event could well be a signal moment in NZ history.

Accountability versus Acceptable Corruption.

datePosted on 16:08, September 4th, 2014 by Pablo

During the 25 years I was in academia I wrote a fair bit on the subjects of democracy and democratisation, both in theory and in practice. I continued in that vein in some of my blogging on this site, including the 5 part series on  deconstructing democracy in 2009. As part of my ruminations, I have delved from time to time into the subject of democratic accountability, specifically its vertical and horizontal dimensions, both of which are absolute requirements for the health of liberal democracy. Among other things and contrary to what some pundits might say, my understanding of the two dimensions of democratic accountability is what allows me to state categorically that dirty politics such as that practiced by the National Party’s vicious wing is not inherent to democracy

Vertical accountability refers to the accountability of the governors to the governed. The signal feature of this dimension are elections of those who govern, but also include the ability of the electorate to demand review, recall or sanction of non-elected officials such as those in the judiciary and civil service if and when their actions become to egregious or are ignored by the other branches of government. There a variety of methods with which to do so, but that requires a degree of horizontal accountability as well. In any event vertical accountability is aided by a robust, critical and independent media that draws public attention to what otherwise might be quiet indiscretions by those in office.

Here is where horizontal accountability comes in. Each branch of government is formally accountable to the others. In the event of malfeasance in one branch the other branches have a right and indeed duty to independently investigate any potential wrong doing. They must maintain a degree of institutional autonomy in order to do so, because otherwise they cannot exercise the degree of inquisitorial independence that is required for transparency and integrity to obtain.

It is this dimension where New Zealand appears deficient, and the proof of that is the inquiry that the Prime Minister has ordered into Judith Collins use of a public servant’s personal information. In this case the PM gets to frame the terms of reference of the inquiry, and has done so in way that assures that Collins will be exonerated. In political circles this might be called narrowing the focus to what is strictly illegal, but in common parlance it is known as acceptable corruption.

The inquiry conducted by the Inspector-General of the SIS into the hasty OIA release of sensitive SIS documents to a blogger linked to the government is more independent and therefore more transparent and honest, assuming that the IG does her job correctly.

But the problem remains that horizontal accountability in NZ is nowhere what it should be. Parliamentary committees are dominated by the government and often have limited inquisitorial powers. Crown Law has, time and time again, adjusted its prosecution priorities to accord more closely with government interests (recall the time and cost of the Zaoui and Urewera prosecutions, both of which ultimately reduced to far less than the government initially alleged). Some judges are said to lean politically one way or another when it comes to examining government behaviour.

Less we think that this overly friendly relationship between government and prosecutors be exclusive to National, let’s remember that the two prosecutions cited above began (and in Zaoui’s case ended) under the 5th Labour government.

Some say that the lack of a written constitution impedes the full exercise of horizontal accountability in NZ. Perhaps that is so but I also think that it is a product of habitual practice in a small country, where the political elites are for the most part a relatively small club that play by their own informal rules as much as they do by the law. Those in government are given fairly broad license when it comes to how they account for their actions to the other branches. Those in opposition wait for their turn in office to do the same. The judiciary and public bureaucracy publicly maintain their independence but at a senior level they play close attention to the interests of the government of the day.

Voters give a veneer of vertical accountability to the status quo by turning out for elections. Their susceptibility to spin and deflection makes them targets of the dirtier machinations of politicians, and in the absence of genuine horizontal accountability counter-weights that is all that is needed to govern. In such a context governance is all about bread and circus, or in the NZ case, pies and rugby. The fact that National has not suffered much in pre-election polling pretty much confirms this truth.

It can be argued that this is politics as usual, in the form of one hand washing the other in the interest of political stability. Indeed, all of this is perfectly acceptable, except that it is also perfectly, albeit not by legal definition, corrupt. But what is wrong with a little acceptable corruption amongst political friends so long as the public does not care and there are no real institutional checks on what they do so long as they do it quietly?

I could be wrong on this and John Key is just being a jerk when it comes to the terms of the Collins inquiry.  But something tells me that the rot runs much deeper, and it will not stop should he and his nasty pack of party colleagues be voted out of office later this month.

Not that readers of KP will need much convincing, but Selwyn Manning has written a decisive essay on why the PM is lying about his involvement in the Slater/SIS/OIA fiasco. To do so he uses the State Services Commission’s guidelines for the release of sensitive information. The question now is twofold: 1) should NZ trust an individual as PM who overtly involves himself in political dirty tricks such as those uncovered by Nicky Hager? 2) should NZ trust a PM who repeatedly bald faced lies to the public on matters of considerable import?

As the saying goes, we may be stupid but we are not idiots.

Anyway, read the proof for yourself.

Why Throw in the Towel?

datePosted on 16:23, August 20th, 2014 by Pablo

In the wake of Nicky Hager’s latest revelations, Chris Trotter has penned a cynical defense of dirty politics as being the norm. For Chris, when it comes to politics “(t)he options are not fair means or foul: they are foul means or fouler.”

Idiot Savant at No Right Turn categorically rejects this view. I agree with him and can only add that either Chris has lost his ideological bearings or has consciously decided to join the Dark Side.

The Standard reprinted the NRT post and I commented on it there. Here is what I wrote:

The stability of democracy is based on mutual contingent consent, not only between capitalists and workers but between opposing political factions. Mutual contingent consent requires that all actors accept mutual second best outcomes (that is, no one gets their preferred outcome all of the time), something that is evident, for example, in compromises over wages and employment conditions at the bargaining table or in the lobbying of political parties over legislation. “Winning” is therefore temporary and tempered by the pursuit of self-limiting strategies in pursuit of the mutual second best. Otherwise the political game descends into zero-sum self-interested maximisation of collective opportunities. That is not democracy, even if there are those within the democratic system who adhere to such views.

This is why Chris is wrong. He mistakes the venal pursuits of a political few for the general substance of democracy as a political form. The pursuit of dirty politics represents a fundamental corrosion of democratic principle and practice. It reflects a fundamental contempt for the foundational tenets of this type of governance. That this contempt is channeled into underhanded tactics by some does not undermine the core values upon which democracy rests and in fact serves to underscore what democracy is not. That the resort to dirty politics in NZ has at its core a group of people with pathological tendencies and profoundly disagreeable personalities is further proof that their style of play is not politics as usual.

Chris may be a bit jaded by years of fighting the good fight in losing wars. He seems to given up all hope that politics can be played cleanly. But he and many others (including some on the Right) would not have fought, and continue to fight, if they did not think that there was a better way to do things in pursuit of a just society. Mr. Slater, Mr. Ede, Mr. Bhatnagar, Ms. Odgers, Judith Collins and John Key clearly do not, but that does not mean that democracy as a whole is reducible to their contemptible view of politics.”

Let us be crystal clear. There is no moral equivalence between what the Left does or may wish to do versus what the organised dirty tricks cell centred around Cameron Slater does. Moreover, what Slater and company do centrally underpins not just how National engages politics, but how ACT has done as well. In contrast, Left activist groups may sputter about “direct action,” hold demonstrations and on occasion undertake animal liberations or environmental defense by climbing into trees or blocking trains, but they do not systematically attempt to uncover dirty laundry in order to smear, blackmail or undermine opponents within and outside their partisan ranks. They do not take covert money in order to cut and paste ghost written attack columns supplied by others. They do not get favoured backdoor access to sensitive government documents based upon their partisan, when not ministerial, connections. Perhaps that is why they are less effectual than those on the Dark Side.

The institutional Left centred in the Labour Party may gossip about their rivals across the aisle and backstab each other in factional disputes, but even then there are limits to where they will go in the pursuit of “winning.” The Slater-led dirty tricksters have no such limits.

Whatever his motivations, Chris needs to reconsider his position. There still is room for the good fight to be fought fairly even if the opponent does not. Contrary to what John Key believes, that applies as much to politics as it does to sports.

Ducking for Cover

datePosted on 16:56, August 15th, 2014 by Pablo

It has been fun watching National and its minions duck for cover, throw up smokescreens, attempt diversions and resort to slander and defamation in response to Nicky Hager’s book. I am not sure that the revelations will have an impact outside of political circles and a media that has heretofore treaded carefully around the Prime Minister and his key lieutenants, so am not confident that they will sway the upcoming election even if more unsavoury news comes out about how National plays dirty. Perhaps as the first in a one-two punch that has Glen Greenwald’s  presentation on New Zealand’s spying activities on Sept 17 as the follow up, Hager’s  revelations will stir voters from their complacency and undermine public confidence in John Key’s leadership.

That remains to be seen, especially since the All Blacks have started their season.

What I do think is that staff members of agencies mentioned in the book and assorted hangers-on and wanna-be’s who are part of or have links to the network of informants and dirt-mongerers that underpin National’s dirty tricks operations are bound to be running pretty scared.  As such, they are the Achilles Heel of National’s dirty tricks operations now that they risk being exposed. Imagine if you are a staffer for a Minister or a corporate executive that exchanged information or money with Slater in return for favourable coverage or smears on opponents? Would you not see that the ugly head of plausible deniability would likely rest on blaming someone in a subordinate position who can be sacrificed in order to save the ship? Would it not by prudent to bail out early rather than be the sacrificial lamb?

Imagine if you are a local Tory candidate or some other useful blogging fool who fed information to Whaleoil’s network on the personal affairs of opponents in order to discredit or blackmail them in the hope of Slater giving you a positive plug, and now realise that your communications are in Hager’s hands (because it is pretty clear from Nicky’s comments that there is more in his possession than what is in the book). Would you not be scrambling through your email and other communications records with the dirty tricks network to see what damage could be headed your way? Would you not be concerned about your career or livelihood once the dishonesty and depths to which you stooped are revealed? Aaron Bhatnagar, Kathryn Rich and some minor Rightwing bloggers come to mind, but there are plenty of others.

Of course, it is the corporate executives and politicians that work with Whaleoil who have the most to lose, but before they do they can take down many others with them. Thus the rational thing to do is for the rats to abandon the sinking ship rather than go down with it. Assuming that the media does its job and delves into the revelations and implications of Hager’s book, the rats will be flushed out. That is why I anticipate much more amusement to come.

One postscript: What Left-leaning blogs do in NZ is no way comparable to what Slater does, nor is what he does politics as usual in a civilised democracy. Lefties may gossip obliquely about Righties’ private lives and may say nasty things about them in their blogs, but none that I know of, including those that are strident and hysterical in nature, resort to trawling the opposition gutter in search of salacious or embarrassing personal details, publishing privileged information, printing interest group press releases under false pretences and colluding with public officials and private firms to denigrate and smear perceived opponents.  It is one thing to openly accept union money or to have party members blogging under pseudonyms in support of Left parties or causes; it is quite another to under-handedly pollute the political blogosphere in order to destroy people.

The irony is delicious. After years of Slatering the weak, the vulnerable, the defenceless and occasionally those who deserve it, Whaleoil himself has been Slatered. After all, Nicky got his information in a Slater type of way. But unlike the original, Nicky Hager’s Slatering of Whaleoil’s network was done simply by using their own words rather than secret tip lines, unethically provided (de)classified government information, private back channels and gossip columnist innuendo.

It could not have happened to a more deserving crowd.

PPS: Slater is now playing the victim, saying that he is getting threats and that his private stuff was stolen (irony alert). David Farrar (who may be hyper partisan but is is nothing akin to Slater in my opinion) is doing a bit of the latter as well. Slater is also saying that the emails from Collins and Ede were on gmail accounts so could have been from anybody. As I said above, the denials and diversions are in full swing. Can shifting blame and finger pointing be far behind? People who are subordinate to or associated with the key players in this scandal might do well to get out while their reputations are still intact.

Culture, strategy and an end to the phony war

datePosted on 08:07, August 14th, 2014 by Lew

It is a truth universally acknowledged that, in business and elsewhere, culture eats strategy for lunch.

Nicky Hager’s latest book Dirty Politics (which I haven’t read, but here’s Danyl’s summary) seems certain to cause a strategic shift in the electoral landscape. It should give credence to some of the left’s claims about the National party, and turn public and élite scrutiny on the character and activities of the Prime Minister and his closest aides, including his apparently-extensive irregular corps of bin men, turd-mongers and panty-sniffers. To do so is probably its primary purpose, and the timing and cleverly-built hype around the book reflects this.

But what I hope is that it also produces a cultural shift in New Zealand politics — weakening, or at least rendering more transparent, the intrigue and back-room, or back-door, dealing that characterises this sort of politics.

The book apparently alleges that the Prime Minister’s office is at the heart of a broad network of nefarious intelligence and blackmail, where they collect and hold a lien over the career or private life of everyone close to power. Nobody is their own person; everyone is owned, to some extent, by the machine. Patrick Gower wrote before the 2011 election that John Key owns the ACT party, and Hager’s book seems to substantiate this, detailing how they forced Hide’s resignation, in favour of Don Brash.

That is culture, not strategy, and it exerts considerable influence on those over whom the lien is held.

Immediately upon the book’s release, Cameron Slater noted that some journalists, and some Labour and Green MPs, would be getting nervous. Well, good. If there has emerged some sort of mutual-assured destruction pact to manage this culture, ending it could be Nicky Hager’s lasting contribution to New Zealand. Let the comfortable and the cozy live in fear for a bit. This includes Kim Dotcom, who claims to hold such intrigue against the Prime Minister, and is the target of a similar campaign, though it remains in abeyance.

This is a phony war about preserving the position of political élites on both sides of the ideological divide, to the general detriment of the sort of politics we actually need as a nation. Unlike the original MAD pact, we don’t risk the end of the world if this all blows up — we just might get our political and media systems cleaned out.

At least that’s the theory. I’m not very optimistic — cultural systems are sticky and resilient, and clearly many people have much invested in them. As we have seen with bank bailouts and phone hacking, the system can’t be destroyed from outside, and the influence wielded applies also to anyone who might be called upon to investigate.

The final point is about intelligence and security. The book alleges that the Prime Minister’s office released information from the Security Intelligence Service to these people, and that National staffers illicitly accessed Labour’s computers. The documents that form Hager’s source material also were apparently illicitly obtained from Cameron Slater’s website during an outage. That’s probably the most serious cultural indicator: sometimes you have to fight fire with fire. We are well beyond due for a serious discussion about the acceptable bounds of espionage, leakage and spying, and if Nicky Hager’s book generates this debate, he will have done Aotearoa a great service.

L

Eye Candy, Window Dressing and Deep Pockets.

datePosted on 15:06, July 29th, 2014 by Pablo

I came back from six weeks abroad to see the beginning of the Internet Party’s “Party party” launches. It leaves me with some questions.

It seems that what the Internet Party has done is this. Using Kim Dotcom’s wallet as a springboard, it has selected a candidate group largely made up of attractive metrosexuals (only a few of whom have political experience), recruited as window dressing a seasoned (and also attractive) leftist female as party leader (even though she has no experience in the IT field), and run a slick PR campaign featuring cats that is long on rhetoric and promises and short on viable policies. The stated aim is to get out the apathetic youth vote and thereby reach the three percent electoral threshold.

The strategic alliance with the Mana Party makes sense, especially for Mana. They get additional resources to more effectively campaign for at least two electorate seats, especially given that it looks like the Maori Party is moribund and the Maori electoral roll will be more contestable even if Labour tries to reclaim its historical support in it. The Internet Party gets to coattail on Mana’s activism and the presence of relatively seasoned cadres on the campaign trail. Between the two, they might well reach the five percent threshold, although current polling suggests something well less than that. The lack of political experience in the Internet Party could be problematic in any event.

But I am still left wondering what the IP stands for and how it proposes to effect change if its candidates are elected. We know that the IP came about mostly due to Dotcom’s hatred of John Key. But Dotcom is ostensibly not part of the IP, which makes his attention-grabbing presence at its public events all the more puzzling. Leaving aside Dotcom’s background and baggage for the moment, imagine if major financial donors stole the stage at Labour, National or Green Party rallies. What would the reaction be? Plus, hating on John Key is not a policy platform, however much the sentiment may be shared by a good portion of the general public (and that is debatable).

Giving free internet access to all seems nice, but how and who is going to pay for that? Wanting to repeal the 2013 GCSB Act and withdraw from the 5 Eyes intelligence network sounds interesting, but how would that happen and has a cost/benefits analysis been run on doing so?  Likewise, opposition to the TPP seems sensible, but what is its position on trade in general? The policies on the environment and education seem laudable (and look to be very close to those of the Greens), and it is good to make a stand on privacy issues and NZ independence, but is that enough to present to voters?

More broadly, where does IP stand on early childhood education, pensions, occupational health and safety, immigration, transportation infrastructure, diplomatic alignment, defense spending or a myriad of other policy issues? Is it anything more than a protest party? Nothing I have seen in its policy platform indicates a comprehensive, well thought roadmap to a better future. In fact, some of the policy statements are surprisingly shallow and in some cases backed with citations from blogs and newspapers rather than legitimate research outlets.

Is having attractive candidates, catchy slogans and a narrow policy focus enough for IP to be a legitimate political contender?

I have read what its champions claim it to be, and have read what its detractors say it is. I am personally familiar with two IP candidates and have found them to be earnest people of integrity and conviction who want more than a narrow vendetta-driven agenda opportunistically married to an indigenous socialist movement. I would, in fact, love to see it succeed because I think that the political Left in NZ needs more varied forms of representation in parliament than currently available.

So my question to readers is simple: is the IP a viable and durable option in the NZ political landscape, or is it doomed to fail?

One thing is certain. If dark rumours are correct, the government has some unpleasant surprises for the IP in the weeks leading to the election. If that happens, it may take more than Glenn Greenwald and his revelations about John Key and the GCSB to redeem the IP in the eyes of the voting public. I would hope that both Dotcom and his IP candidates are acutely aware of what could be in store for them should the rumours prove true, and plan accordingly.

What is success for Internet MANA?

datePosted on 23:29, June 10th, 2014 by Lew

In the previous two posts I’ve covered the strategic rationales behind the Internet MANA alliance, and how, even if they spend their money very inefficiently, they are still very likely to gain a stronger presence in Parliament. But what does success actually look like for Internet MANA?

This is a complex question to answer because Internet MANA, for all its potential, is a mess of vanity projects existing in a state of ideological and pragmatic tension. But tensions all resolve sooner or later.

Kim Dotcom: Disruption (a change of government, or 10%)
Of all these vanity projects, Kim Dotcom’s is the greatest. It’s hard to imagine a guy who donated $50k to John Banks starting a cyber-utopian radical-left-aligned political vehicle for altruistic reasons, and it seems plain that he means to prevent, by any possible means, his extradition to the USA on copyright infringement and money-laundering charges. This is fair enough from his perspective — he can’t spend his pile in a US prison. NZ is a well-chosen target: a country with a small (therefore shallow, cheaply-manipulated) political system, but, unusually, also possessing a reasonably robust and independent judiciary.

To get his extradition case thrown out, Kim Dotcom needs to change the government, and prevail upon an incoming Minister of Justice that he and his party are great assets to that government.

The likelihood of this is slim, because he has already antagonised Labour, and because the leader of his own party has insisted she will not be led on the matter. Other members of the radical left groups aligned with the party are probably supportive of his ideological aim here, if only due to generalised anti-authoritarianism and anti-Americanism. And the other branch of Kim Dotcom’s game is fame, or notoriety, and if he can put his disruption engine in parliament, he will gain that, and it may provide him strategic cover for other manoeuvres regardless of who is in government.

The other way it could happen is if Internet MANA shocks everyone and polls very high — say, 10% — which would ruin almost everyone’s coalition plans. This is also extremely unlikely, but clearly it is Kim Dotcom’s hope, and it would be the purest sort of success for everyone involved.

Laila Harré: A launch (5%+) or a lifeboat (3%)
Her return to politics with the Greens last year was welcomed, and the conventional wisdom is that her appointment to lead the Internet Party was a strategic coup. I agree. But as I discussed in the first post, the deck is stacked in Te Mana’s favour. It is plausible, if the alliance performs poorly, that Harré would find herself marooned amid the wreckage of the Internet Party as its only MP, or even outside parliament, when the Internet MANA agreement expires six weeks after the election.

There’s a quirk here: Te Mana gets list places 1,3 and 4; Internet Party 2, 5 and 6, after which they alternate. So if they win five seats or fewer, Te Mana MPs will outnumber the Internet Party’s. If they win six or more seats, the numbers are more or less even. This provides a strong incentive for the Internet Party to perform, and also suggests shrewd negotiation by Te Mana.

In the event that the Internet Party bring Harré only into parliament (four seats or fewer), or if Kim Dotcom withdraws his cash and the party structure is no longer found to be self-sustaining, it seems very likely that Harré would join Te Mana formally. While her history in parties of this sort is its own guide, I suspect they would welcome her and it would be a fruitful arrangement: a win, of sorts, both for her and Te Mana.

The Internet Party: A future (7%)
The Internet Party doesn’t really exist. Kim Dotcom exists and Laila Harré exists, but without them it has no motive force. It could acquire such force by gaining a very substantial share of the party vote (7-8%, or 9-10 MPs), half of whom woulf be from the Internet Party, which could possibly — not probably — become self-sustaining. Without Laila Harré’s star power and Kim Dotcom’s money, this is a hard row for Vikram Kumar and the Candidate Idol contestants to hoe.

Te Mana and Hone Harawira: The only way is up
Te Mana’s case is easiest here: everything looks like a win for them. They have one MP facing a strong electorate challenge and polling under 1%, with no money, who is almost universally hated by the political mainstream. Even a mediocre performance of 2-3% would see Annette Sykes and possibly John Minto join Hone Harawira in parliament, which would make for some impressive fireworks. Even if the party then has to fend for itself, as Kim Dotcom’s largesse expires, or he is shipped off overseas, they have been granted a rare opportunity to galvanise the marginal electorate, and that’s better than under any other conceivable scenario.

The Left: It’s complicated
Given Labour’s current posture towards all parties that aren’t Labour, there is no way that Internet MANA benefits the left generally in the immediate term. Many commentators — Phil Quin has a good example at Pundit — have argued that the mere existence of Internet MANA could return John Key with a clean majority and the ability to have his way with Aotearoa in a glorious third term. I think this is pretty plausible. By no means does the left look like winning this election. But Labour has been underperforming for most of the past decade, and it might be that an injection of crazy disruptive ideas from a weird agglomeration of old leftwing radicals and young idealistic crypto-libertarians is what they need to shock them back to their senses.

There remains the slight possibility that they will bring enough MPs into parliament to make a chaotic and unholy alliance of the left a just slightly less-bad alternative to the Golden Age of John Key. As an aside: the better the Greens do, the better for Internet MANA post-election; and if nothing else they should hopefully form a strong ideological and generational counterpoint to New Zealand First, which I fear starts to fancy itself as the UKIP of the South Seas.

Aotearoa as a whole
I think New Zealand is better off having this argument than not. Much of what Internet MANA stands for has been unduly marginalised and is due consideration; especially the emergent aspects, such as with regard to modern standards of surveillance, the relationship and competing loyalties of the state to the citizenry and to its international community, and to the comparatively trivial matter of copyright. These debates feed into the notions of sovereignty and the primacy of people, rather than corporations and institutions, which mobilise Te Mana, and there are significant areas of ideological overlap, such as the flagship Internet Party policies of free tertiary education, withdrawal from the TPPA, severe constraints on the GCSB and other security and intelligence services, and — less popular with Hone Harawira than with his voters — the decriminalisation of marijuana. These are debates worth having, and we will be better off for having had them, whether the major parties want to or not.

L

Doubloons

datePosted on 09:32, June 10th, 2014 by Lew

Phil Sage in comments to my previous post about Internet MANA observes that “The question is whether Kim Dotcom’s money will translate into poll support and votes.” I have no knowledge of what’s going on inside the Internet MANA HQ bar what’s been reported in the media, but those reports indicate a large full-time campaign staff, and that will burn a large share of the money. Matthew Hooton was on the wireless yesterday scorning this approach and saying the money will be pumped into glossy brochures and Internet ads nobody will watch. Which might be fair enough.

But wait, we actually have some data! Each election, David Farrar helpfully puts together a breakdown of party votes won versus dollars spent (CPV). The 2008 and 2011 tables were stolen from DPF, with thanks.

2011 Election

In 2011, almost all parties spent less than $5 per vote — exceptions were the Conservatives ($32), ACT ($26) and Social Credit ($20).

2008 election

In 2008 the expenditure was higher and the field more spread, probably because the result was less certain and the stakes higher. (EDIT: Also, it appears the broadcast allocation was not included in the 2011 figures). The two main parties again spent less than $5, most others spent $10-15, and there were two outliers — RAM ($49) and Social Credit ($55).

Internet MANA in 2014
Turnout in both those elections was famously modest (2.2-2.4 million). Since both Labour and Internet MANA are trying to mobilise the “missing million” let’s assume turnout increases to 2.5 million in 2014, which yields a nice round 25,000 party votes per 1%. Let’s also assume that Internet MANA only spends the $3 million put in the pot by Kim Dotcom, which in reality will be higher.

The first point here is that high polling tends to correlate with low CPV. Incumbency and brand value count for a great deal. So it is unlikely that any new party would be able to achieve good CPV by any means. To match the major parties Internet MANA would need to poll 25%, in which scenario Labour would effectively cease to exist. Even though that’s only a little over half of the “missing million”, it’s not happening.

My guess in the post was that Internet MANA would get 2-3% for $3 million. That would mean per-vote spending of around $50, far higher than any of the parties in 2011, on a par with the unelectable outliers in 2008. I still think that’s the most likely outcome.

If they tank and gain only what the combined Internet and Mana parties are polling now (1-1.5%) they would have outspent 2011′s most profligate parties by a factor of three in terms of CPV. This has to be the worst conceivable outcome for Internet MANA, and even so, it very probably yields them a second MP, assuming either Hone Harawira or Annette Sykes wins their seat. Anything more than this is gravy. Te Mana teaming up with Kim Dotcom is, at least tactically, a no-lose situation.

If they match 2011 CPV outliers the Conservatives, they would need to pull at least 100,000 votes — a tenth of their missing million — which would yield 5-7 MPs and make them a force to be reckoned with between now and 2017, giving them a platform to profoundly disrupt the plans of every other party in NZ politics. It’s unlikely, but with this sort of money, it’s not impossible.

UPDATE: Andrew Geddis points out in comments that I’ve failed to account for the electoral spending limit, which prevents Internet MANA from blowing the whole $3 million on declarable election expenses, which is what the cited 2008 and 2011 numbers cover. The expenditure limit is $25,700 for a constituency candidate and $1,091,000 for a registered political party plus $25,700 per electorate contested by the party.

So all the CPV figures in that last table are about double what they will be in reality, which means the premise and conclusions of this post are rather weaker than they seemed.

L

Mongrel renegades, castaways, and cannibals

datePosted on 10:09, June 9th, 2014 by Lew

So Herman Melville described the crew of the Pequod. While it probably seems tendentious to equate them to the Internet MANA party, that seems to be how Kim Dotcom, at least, regards himself — as Captain Ahab, nailing his doubloon to the mast and urging them to seek the destruction of his Prime Ministerial Moby-Dick. But in spite of the many failings he, or Ishmael, attributed to them, that crew were good people, enormously effective, and very nearly successful in their hopeless task of hunting a single whale across all the oceans of the world.

In spite of Dotcom’s megalomania, Key — unlike the white whale — just doesn’t care that much. But in any case, the hauling-together of two unlikely vessels that form the Internet MANA alliance is more interesting than one rich eccentric’s personal grudge, or his attempts to avoid extradition.

The conventional reading of Internet MANA — even among some on the left — is that Kim Dotcom has colonised the Mana movement, buying himself a tame savage who’ll do his dirty work for him. But I don’t think so: I think the Internet Party is trying to bite off more than it can chew.

The Mana movement has always been about those outside the political mainstream. Even while he was forced into collaboration, Hone Harawira was plain about his radicalism. His legacy — barring some major change — is unlikely to be that period, or Te Mana, but the previous three decades of dogged activism in service of his people. One of these was his role in the haka party incident which demonstrated — or rather, reiterated after a long hiatus — to Pākehā New Zealand that Māori were’t going to take it.

Even so, if it were just Harawira this colonisation line might be fair — he’s a tough and principled guy, but running a fringe party without a benefactor — in the form of an electoral liege, or a millionaire backer, or both — is hard going. (Ask Winston Peters.) But Harawira is not alone. Both Annette Sykes and John Minto have decades of unglamorous and largely unrewarded activism behind them, and enormous credibility. Not among the National and Labour-voting public, but in radical and Māori circles, where it counts for their purposes. There is clearly some division — Sue Bradford quit the party, prompting a rush of right-wingers who have for decades said the most vile things about her to praise her integrity. But all in all, few people who know them believe that all of Harawira, Minto, and Sykes can be bought, in one go.

To which add Laila Harré. Many people have written that her appointment as leader of the Internet Party brings it credibility, and I agree. It is a brave, or reckless, appointment from Kim Dotcom’s perspective, because Harré is bigger than he is and, if elected, will influence the party more by leading it than he will by funding it — especially when his largesse runs out, as it inevitably will. Her parliamentary achievements have been limited because of her commitment to activism, but her record outside parliament has been more significant. She has demonstrated she can’t be bought, and is willing to hold her own line and walk away from a bad political situation, even when the stakes are very high.

What’s cleverest about this alliance is how neatly it separates ends and means. Morgan Godfery has argued persuasively that the alliance is a deeply conventional bit of strategy and an obvious next-step, from a Māori nationalist perspective, both mainstream and nationalist-insurgent political vehicles for Tino Rangatiratanga having been thoroughly co-opted by mainstream (white) imperatives. I would say further that it indicates a strategic maturity we have not yet seen from Māori parliamentary parties, and an elaboration of the māori party’s strategy of pragmatic coupling, though this time, to a vehicle it can more readily control. At least in this case, the Internet Party’s agenda is clear.

The two parties seem incongruous, and they are — but what they have in common is a claim to stand for those who feel like mainstream politics doesn’t speak for them, or listen to them. Both parties have links to the Occupy movement, and the policy platforms are pitched at groups with some core interests in common: those who are (or feel) criminalised or oppressed by the mainstream, and who wish to disrupt it. These include tech-libertarians and utopian futurists, internet “pirates” and disaffected geeks, anti-GCSB and TPPA activists, land rights and Māori sovereignty activists, actual socialists (as opposed to the Labour kind), the very poor and economically marginalised (especially rural, Māori), marijuana smokers, and a more fringey element of anti-Fluoride campaigners and other assorted cranks and conspiracists. In aggregate it seems clear that these people comprise more than 5% of the electorate — if only you can get them to vote. And that’s what Kim Dotcom’s millions are for: not so much to persuade them of a single, coherent policy platform, but to fly a radical banner to which the disruptors can flock. For this purpose they need not be all of one kind.

Te Mana has its own marginal voters, which comprise less than 1% of the electorate, and because of the difficulty of persuading it seems unlikely the Internet Party will mobilise much more. But a party vote total of 1.5% should see a second MP, and anything much above 2% should see a third, and this does not seem totally implausible. Even if these are “new” voters — not drawn from Labour or Greens — this probably comes at cost to the wider left if mainstream swing-voters are scared from Labour to National by the prospect of a left coalition including Internet MANA, as Danyl and Russell Brown have suggested. It might well be that the success of Internet MANA weakens Labour’s prospects, but it seems to have little chance of victory anyway, and has declared against Internet MANA, so a robust challenge from the left — as well as the one it has had from John Key on the right — is probably a good thing in the long term. What cares Mana for the neoliberal Pākehā Labour party’s fortunes?

Paradoxically, the addition of Internet Party voters would give Mana voters a stronger chance at locking the Internet party — and Harré — out if they are suspicious of Kim Dotcom’s influence. Harawira is facing a strong challenge in Te Tai Tokerau, but Waiariki is also close. If Labour, Green or Māori party voters tactically support Annette Sykes, hers could be the anchor seat. In this case, the second MP (whether he wins Te Tai Tokerau or not) would be Hone Harawira, with Harré third. Given that two or three MPs seems much more plausible than four or five, the most likely outcome seems to be that Te Mana is no worse off, possibly better off, and has a chance to swap Sue Bradford for the much more politically-viable Laila Harré. It looks less like the Internet Party colonising the Mana movement than the opposite.

L

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