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Should NZ renounce lethal drones?

datePosted on 17:32, May 25th, 2014 by Pablo

The Diplosphere event on lethal drones held in Wellington last week was a good opportunity to hear different views on the subject. The majority consensus was that legal, moral and practical questions delegitimate their use, although one defended them and I noted, among other things, that they are just one aspect of the increased robotization of modern battlefields, are only efficient against soft targets and are seen as cost effective when compared to manned aircraft.

At the end of my remarks I proposed that we debate the idea that New Zealand unilaterally renounce the use of lethal drones in any circumstance, foreign and domestic. I noted that the NZDF and other security agencies would oppose such a move, as would our security allies. I posited that if implemented, such a stance would be akin to the non-nuclear declaration of 1985 and would reaffirm New Zealand’s independent and autonomous foreign policy.

Alternatively, New Zealand could propose to make the South Pacific a lethal drone-free zone, similar to the regional nuclear free zone declared by the 1985 Treaty of Rarotonga. I noted again that countries like Australia and Chile would oppose the move (both have drone fleets and do not discount using them in anger), but that many of the Pacific Island states would likely welcome the idea.

Either declaration would in no way impact negatively on the use of non-lethal drones, whose utility is obvious. It would also leave open to interpretation whether NZ based intelligence could be used in drawing up targeting lists for foreign lethal drone strikes, a subject currently in the public eye as a result of claims that the GCSB does exactly that in places like Yemen. The PM says he is comfortable with the intelligence-sharing arrangement as well as the legitimacy of drone strikes, and added that similar intelligence was provided for ISAF drone strikes in Afghanistan (where the US and the UK deploy lethal drones on behalf of ISAF).

His confidence notwithstanding, many Kiwis are opposed to any cooperation with lethal drone programs, so the debate could be expanded to include indirect NZ involvement with them.

I think this is a debate well worth having. I realize that the security community will want to keep all options open and be very opposed to ceding any tactical advantage in future conflicts, and that extending the ban to indirect cooperation would have a negative influence on NZ’s diplomatic and military-intelligence relations with its security partners.

I am cognizant that it may be a hard thing to actually do given the balance of political power currently extant in NZ and the hurdles needed to implement it should the proposition be accepted. One of the other panelists dismissed the idea of unilateral renunciation as simply impractical and said that the proper forum in which to advance it was the UN (cue Tui ad here).

Some may say that is silly to debate something that does not exist. New Zealand does not deploy lethal drones. However, UAVs are already present in NZ skies, both in civilian and military applications. This includes geological surveys and volcanic research, on the civilian side, and battlefield (tactical) surveillance in the guise of the NZDF Kahui Hawk now deployed by the army. The military continues its research and development of UAV prototypes (early R&D worked off of Israeli models), and agencies as varied as the Police, Customs and the Navy have expressed interest in their possibilities. Since non-lethal UAV platforms can be modified into lethal platforms at relatively low cost, it seems prudent to have the debate before rather than after their entry into service.

I am aware that the revulsion voiced by many against the lethal use of unmanned aerial vehicles might as well be shared with all manned combat aircraft since the effects of their deployment ultimately are the same–they deal in death from the sky. Given that commonality, the preferential concern with one and not the other appears more emotional than rational, perhaps responding to idealized notions of chivalry in war. That is another reason why the subject should be debated at length.

Such a debate, say, in the build up to a referendum on the matter, would allow proponents and opponents to lay out their best arguments for and against, and permit the public to judge the merits of each via the ballot box. That will remove any ambiguity about how Kiwis feel about this particular mode of killing.

UPDATE: Idiot Savant at No Right Turn has kindly supported the proposition. Lets hope that others will join the campaign.

 

Another National double standard.

datePosted on 15:16, May 1st, 2014 by Pablo

Maurice Williamson is forced to resign as Minister because he made a phone call to the police asking them to be undertake a thorough review and be “on solid ground” when investigating a domestic violence incident involving a wealthy Chinese friend of his who invested a lot of money in New Zealand (the same Chinese fellow granted citizenship over the objections of immigration authorities, and who donated more than NZ$ 20 thousand to National in 2012).

Judith Collins retains her ministerial portfolios in spite of revelations that she interceded with Chinese officials on behalf of her husband’s export company while on an official visit to China that had nothing to do with exports or trade.

What is similar and what is different about the two cases? They are similar in that they both involve Chinese nationals with economic ties to the National party or entities linked to it. They are similar in that the ministerial interventions were in violation of the cabinet manual regarding conflicts of interest. They also represent obvious forms of political influence peddling.

How are they different? Collins is a a key player on National’s front bench, whereas Williamson is on the outers with National’s heavy hitters. Thus he is expendable while she is not.

Comparatively speaking, Williamson’s crime was arguably less than that of Collins. He made a call on behalf of a constituent urging Police diligence when investigating the charges against his friend, then left the matter at that. The fact that rather than tell the minister to buzz off the cops bent over backwards to satisfy him that they were on “solid ground” before prosecuting is a police issue, not a Williamson issue (the Police decided to prosecute in any event, with Mr. Liu eventually pleading guilty to two charges of domestic violence).

Collins used taxpayer funded official travel to take time out of her official schedule to divert and meet with Chinese business associates of her husband over dinner in the presence of an unnamed Chinese government official at a time when her husband’s business interests in China were being hindered by official reviews of New Zealand based export contracts. Although she had no real business being there, she brought an aide with her, adding to the impression that her presence at that dinner had the stamp of official approval.

Of the two, which is more obviously a conflict of interest and which has the clear stench of corruption wafting over it? Of the two, which one would be viewed more dimly by the likes of Transparency International (the anti-corruption agency that habitually lists NZ amongst the least corrupt countries to do business in)?

Hypocrisy much in the handling of the two cases by the Prime Minister? You be the judge, by I think that there is.

Foreign Policy after the Election.

datePosted on 17:39, April 9th, 2014 by Pablo

Lost amid the distractions of royal visits, Mananet Party circus side-shows and assorted other peripheral issues has been the subject of NZ foreign policy after the September 2014 election. The topic is worth considering beyond the attention it has received so far. In this post I outline some (far from all) of the major areas of convergence and difference in the event a National-led or a Labour-Green coalition wins.

If National wins it will deepen its current two-pronged approach: it will continue with its trade obsession to the detriment of other foreign policy areas such as disarmament, non-proliferation and human rights, and it will strive to deepen its security ties with the US and its close allies, Australia in particular. The trade-for-trade’s sake foreign policy approach will see National return to the bilateral negotiating tale with Russia regardless of what it does in Ukraine or other Russian buffer states, and will see it attempt to garner even a piecemeal or reduced TPP agreement in the face of what are growing obstacles to its ratification (especially US domestic political resistance that sees TPP as a drain on American jobs, but also sovereignty protection concerns in areas such as copyrights, patents and strategic industries in places like Chile, Japan and Singapore). NZ will continue to try and expand its trade relationships with Middle Eastern states in spite of their largely despotic nature, and it will continue to push commodity specialization, niche value-added manufacturing and education provision as areas of competitive advantage.

On a security dimension NZ will continue its return to front-tier, first line military ally status with the US and Australia, and will deepen its intelligence ties within the 5 Eyes signals intelligence network as well as with other pro- US partners and in the field of human intelligence. This will occur whether or not Edward Snowden reveals the full extent of NZ espionage on behalf of 5 Eyes in the months leading up to the election, but the government will find itself under scrutiny and hard pressed to defend the behaviour of the NZ intelligence community in that event. Closer military ties with the US brings with it the risk of involvement in American-led conflicts, but the National approach, as it is with the looming Snowden revelations, is to “wait and see” and deal with the issues as they arise (presumably in more than a crisis management way).

Truth is, under National NZ will become another US security minion. One has to wonder how the Chinese, Indians, Russians and assorted Middle Eastern trading partners feel about that, especially if it is revealed that NZ spies on them on behalf of 5 Eyes..

National will conduct its foreign policy unimpeded by its potential coalition partners. United Future and the Maori Party have zero interest in foreign affairs other than to reaffirm whatever status quo they are part of, and ACT, should it survive, is a National mini-me when it comes to the subject. Winston First will not rock the boat on foreign policy issues so long as a few baubles are thrown its way.

A Green-Labour government will have a slightly different approach, but not one that fundamentally rejects the basic premises of National’s line. The Greens have already begun to soften their stance regarding TPP and trade relations, emphasising their interest in “fair” trade and after-entry protections and guarantees. Labour, which otherwise would have likely continued the thrust of National’s trade strategy, will back away from some of the more foreign-friendly aspects of trade negotiations in order to mollify the Greens, and if Winston First is part of that coalition it may place some restrictions on foreign ownership and investment rights on NZ soil.

Along with the softening of single-minded trade zealotry, a Labour-Green government will attempt to reemphasize NZ’s independent and autonomous diplomatic stance (which has now been fundamentally compromised by the nature of National’s two-pronged approach). This will include attempting to rebuild its reputation and expertise in the fields hollowed out by National’s razoring of the diplomatic corps, although it will be very hard to replace the lost expertise and experience in fields such as chemical and nuclear weapons control, multinational humanitarian aid provision and environmental protection. To do so will require money, training and recruitment, so the time lag and costs of getting back up to speed in those areas are considerable.

With regards to security, the Greens and Labour are in a dilemma. The Greens want to review the entire NZ intelligence community with an eye towards promoting greater oversight and transparency in its operations. That includes a possible repeal of the recently passed GCSB Act and, if some of its members are to be believed, a reconsideration of NZ participation in 5 Eyes. For all its opportunistic protestations about the Dotcom case and GCSB Act, Labour in unlikely to want to see major changes in NZ’s espionage agencies or its relationship with its intelligence partners. It is therefore likely that Labour will agree (as it has said) to a review of the NZ intelligence community without committing itself to adopting any recommendations that may come out of that review. It may also agree to a compromise by which recommendations for greater intelligence agency oversight and accountability are accepted as necessary and overdue in light of recent revelations about the scope and extent of NZ domestic espionage as well as its foreign intelligence operations (all of which will become much more of a public issue if Snowden reveals heretofore denied or unexpected espionage by NZ intelligence agencies).

The same is true for NZ’s burgeoning military alliance with the US. Labour will not want to entirely undo the re-established bilateral military-to-military relations, especially in the fields of humanitarian assistance, search and rescue and perhaps even de-mining, peace-keeping and peace-enforcement operations. The Greens, however, will object to continuing the bilateral military “deepening” project and will oppose NZDF participation in US-led wars (especially those of of choice rather than necessity). The Greens will push to further reduce military expenditures as percentage of GDP (which is currently around 1.1 percent) and will seek to restrict weapons purchases and upgrades as much as possible. That will put it as loggerheads with Labour, which will see the necessity of maintaining a small but effective fighting force for both regional as well as extra-regional deployments, something that in turn will require modernization of the force component as well as good working ties with military allies (which is maintained via joint exercises and cross-national training events).

What that means in practice is that the Greens will not be given ministerial portfolios connected to foreign affairs or security, although they will be assuaged by concessions granted by Labour in other policy areas, to include (however token or cosmetic) intelligence reform.

Minor parties that might be part of the coalition will have little influence on the Labour-Green foreign policy debate. Mana will bark the usual anti-imperialist line but will be ignored by Labour and the Green leadership. Winston First will extract a pound of flesh with regard to the influence of non-Western interests on the NZ economy and NZ’s security commitments but otherwise will toe the Labour foreign policy line. The Maori Party will be irrelevant except where there is international  diplomatic interest in indigenous affairs.

The vote on NZ’s candidacy for a non-permanent seat on the UN Security Council will not be greatly influenced by the election (the UN vote occurs in October). NZ’s chances have risen as of late in the measure that Turkey’s has fallen thanks to the increasingly autocratic and erratic rule of the Erdogan government. Spain, the other rival for the “Europe and other” non-permanent UNSC seat (yes, NZ is not part of Oceania when it comes to such voting), has been tarnished by its economic woes, so NZ’s relative economic and political stability have bolstered its chances by default. Even so, a Labour-Green government will likely be more appealing to the majority of the UN membership given National’s obsequious genuflection to Great Powers on both trade and security.

In sum, foreign policy may be a non-issue in the run up to the elections but that does not mean that it does not matter. Party activists and the public at large would do well to contemplate which direction they would like to see NZ steer towards in its foreign relations, and what international role they envision it should properly play. Otherwise it becomes just another elite game uninformed by the wishes of the majority, which means that when it comes to engaging the world it will be exclusively elite logics that inform the way NZ does so.

 

Transitional Dilemmas.

datePosted on 11:20, March 16th, 2014 by Pablo

Military-bureaucratic authoritarian regimes often seek to legitimate their rule and establish a positive legacy by transferring power to elected civilian authorities. However, they do so only under certain conditions and with specific outcomes in mind. One way to ensure that their post-authoritarian vision is adhered to is to run a military-backed candidate (often a retired military leader) as the “official” candidate while actively working to use their control of the election process to promote divisions and disunity amongst the opposition. The way in which the elections are governed and the process leading up to them are used by the outgoing authoritarians to produce a voting outcome that upholds the status quo under elected civilian guise.

In spite of its dominant position in such “top-down” forms of electoral transition, military-backed candidates and/or parties are confronted with several dilemmas that complicate their ability to ensure their desired post-authoritarian outcome. In this 36th Parallel Assessments brief I point out two of them as well as some other political dynamics at play in such scenarios.

Although the analysis is framed broadly, it may be of particular interest to those interested in the elections scheduled for September in Fiji.

Dismissing Skullduggery.

datePosted on 11:16, March 1st, 2014 by Pablo

The latest Snowden leaks reveal that the British signals intelligence outfit GCHQ held a top secret conference in 2012 where it briefed its Five Eyes partners on an array of cyber “dirty tricks” that could be used against opponents. These included a range of hacking techniques, to include denial of service overloads, false on-line identities, “spoofing,” manipulation and alteration of on-line data and even the tried and true method of luring targets into so-called “honey traps” via social media.

The operative terms in such operations are encapsulated in the Four “D’s:” deny, disrupt, degrade and deceive.

Needless to say, there was the usual hue and cry when the news went public. Civil libertarians are incensed. Privacy advocates are outraged.

My reaction was “so what?” This is typical counter-intelligence, disinformation and psychological operations (pysops) taken to a new technological level (there is a positive side to psyops, something that is most commonly associated with so-called “hearts and minds” campaigns, but that is not the objective here). Instead, this program replicates what hackers already do on a regular basis and parallels similar programs run by the signals intelligence services of many countries. The conference just drew together the various aspects and strands of cyber naughtiness into a package made available to the Five Eyes members. The presentation (as provided by journalist Glenn Greenwald) is here: https://firstlook.org/theintercept/2014/02/24/jtrig-manipulation/.

Needless to say, New Zealand’s signals organizations, the GCSB, as well as the SIS and perhaps other security/intelligence units such as those of the police, have been granted access to this program. Government denials of such are just another smokescreen designed to hide the full extent of what NZ spy agencies can (and) do.

I was interviewed on Radio Nw Zealand about this. I pretty much said what I have mentioned above and pointed out that the real damaging news is soon to come: revelations about who NZ spies on, which, if Snowden holds true to form, will include allies as well as trading partners and perhaps even the Chinese. The interview is here: http://www.radionz.co.nz/audio/player/2587171.

After my interview former GCSB director Bruce Ferguson was interviewed. What he said was remarkable. He claimed that he knew of no such programs and that as far as he knew the GCSB did not engage in illegal activities. He dismissed my views by saying that some people give too much credit to NZ spy agency capabilities. He also claimed that the Russians and Chinese engage in similar behavior.

Let’s deconstruct this. The “dirty tricks” conference was held in 2012 and Ferguson left the GCSB in 2009. Perhaps he was unaware of the conference and during his time no such “dirty tricks” programs were operated by the GCSB. During his tenure cyber espionage was not the priority focus that it is today, so perhaps that is true insofar as using hacking techniques on social media and other cyber targets is concerned.

He says that as far as he knows the GCSB has done nothing illegal. That flies in the face of the illegal spying on Kim Dotcom (even the government admits the tapping of Dotcom’s phones by the GCSB was in fact unlawful) and the revelations that the GCSB misled parliament in its most recent annual report as to the number of warrants and operations it was engaged in (which the government claims was a simple error rather a purposeful deception). This latest embarrassment occurs after the publication of the Kitteridge Report on GCSB failures and the appointment of a new director charged with addressing and correcting them (Kitteridge is now the director of the SIS).

So, contrary to Bruce Ferguson’s claims, the GCSB has committed at least a few illegal acts, but perhaps not during his tenure as director. I leave it for readers to make judgement on that.

Whatever the truth, I believe that we can safely assume that the GCSB employs aspects of the “dirty tricks” program against foreign and perhaps domestic targets (the SIS certainly does in the latter case). I see this as par for the course given the current state of Five Eyes signals intelligence collection. I am not particularly fussed by the revelations, perhaps because it is just a technological extension of what always has been the norm in the world of intelligence and espionage.

What I do believe, as I have said many times before, is that these latest revelations are just the tip of the iceberg when it comes to NZ intelligence operations, and that Snowden, via his circle of investigative journalists, will publish far more damaging information about the role and extent of GCSB spying in the months to come.

It is time for the NZ government, if not the NZ public, to come to grips with that fact and prepare accordingly, because my suspicion is that the repercussions will be damaging and not necessarily confined to the diplomatic arena.

 

Barking from the closet.

datePosted on 10:35, February 22nd, 2014 by Pablo

If one thing has proven true over the years when it comes to religion and politics, it is that those who most ardently decry homosexuality as abnormal and represent themselves as paragons of “christian” family values often are themselves seriously repressed when it comes to their own sexual preferences. Be they Tories in the UK, Republicans in the US and preachers, priests, mullahs and rabbis the world over, these closet hypocrites go to great lengths to hide their “baser” urges, to include engaging in contact (!) sports and other “manly” activities like game hunting, entering into heterosexual marriages, having children, advocating for corporal punishment and loudly and obsessively condemning “deviant” sexual behavior and the gay community and feminists for a myriad of sins against the “natural” order of things.

Their self-loathing is such that some even practice how they walk and talk so as to appear more Roman than Greek (I am using the terms loosely here, as both Romans and Greeks accepted the “baser” urges as a part of life and are differentiated more by the class, gender and age element in them). Some go to great lengths to dress and act acceptably “mainstream” (according to how they perceive the mainstream). The more strident of the closet prudes threaten and bully those who question their public stance as well as their private desires.

Given its egalitarian and tolerant reputation, it would be a real shame if such people were a significant part of the New Zealand political, religious or social elite. Given demographic probability, chances are that there might be a few.

Which raises the question: does Colin Craig share that Larry Craig wide stance?

Monitoring Syrians and Supplicants.

datePosted on 12:14, February 14th, 2014 by Pablo

The subject of spying is back in the news this week, but the coverage has been inadequate. Allow me to clarify some issues, first with regard to those who want to join the Syrian conflict and second with regard to politicians trying to ingratiate themselves with Kim Dotcom.

Contrary to the thrust of the coverage, not all those seeking to join the Syrian conflict are Syrian or descendants of Syrians. The Syrian War is a civil war between Shiia and Sunnis, where the minority Alawite-backed Assad regime is fighting to maintain its grip over a majority Sunni population (Alawites are a sub-sect of Shiia Islam). For a variety of affective and strategic reasons Iran (a very large Shiia dominant country) supports the Assad regime while Sunni-controlled Saudi Arabia and Gulf oligarchies back the armed opposition. This opposition is divided into what can be loosely called secular moderates (such as those grouped in the Free Syrian Army) and Islamicists (such as those in the al-Nusra Front and Al-Qaeda in Iraq and the Levant).

The latter have come to dominate the military side of the opposition due to their superior combat skills and determination. Their ranks include Sunni internationalists from all over the world (including New Zealand) who see joining the struggle as a religious imperative. Egyptians, Jordanians, Pakistanis, Britons, Australians and French nationals are among those fighting in Islamicist ranks. That has led to serious clashes with the moderate secularists (who do not have as many internationalists in their ranks, although there are some), to the point that the fighting between the armed opposition factions has allowed the Assad regime to re-gain the upper hand in the overall struggle after being near collapse just six months ago.

Where the armed opposition is winning, it is the Islamicists who are doing so.

In the last nine months the Prime Minister has made repeated reference to would-be New Zealand jihadis joining the fight in Syria. Some are already there and others have been barred from going. They may or may not be Syrian in origin, but his use of the “Syrian trump card” is a naked political ploy designed to use fear-mongering as a justification for extension of domestic espionage and, perhaps, as a way of pre-emptively steeling public opinion against the negative consequences of the inevitable revelations from Edward Snowden about New Zealand’s foreign espionage role within the Five Eyes/Echelon signals intelligence collection network. The trouble with the PM’s ploy is that the proclaimed threat does not match the facts.

According to the government ten New Zealand passports have been revoked since 2005 and a handful of Kiwis are in Syria fighting. The PM makes it sound as if all these have associations with extremist Islam. Perhaps they do, but the Syrian conflict only heated up as of early 2012, so the Syrian card does not explain why passports were cancelled prior to that. Moreover, the PM says that passports were cancelled in order to prevent “radicalized” Kiwis from returning and making trouble at home. That begs the question as to what the frustrated wanna-be jihadis are going to do now that their plans are thwarted and they are forced to remain in the country under heavy scrutiny.

A Syrian community spokesman has said that two brothers had their passports revoked after their parents informed authorities of their plans to travel back home to join the fight. He also accused the PM and his government of “racial discrimination.” The latter claim is ridiculous and shows a gross misunderstanding of how democratic governance works. John Key did not personally order the revocation of any passports nor does he have the power to rescind the cancellation order. New Zealand authorities did not cancel the brother’s passports because they were Syrian but because of their purported intentions. They did not target the entire Syrian community for who they are.

In fact, under current legislation the government is well within its rights to revoke passports on the grounds that the individuals involved intend to become or are part of a criminal enterprise, of which terrorism is one. Since the Islamicists fighting in Syria are considered terrorist organizations by the New Zealand government, any intent to join them could be construed as an attempt to engage in criminal activity. One might argue that the definition of terrorism is too broad (and I believe that it is), but as things stand the government’s concern about returning, combat experienced jihadis is a legitimate motive for canceling passports.

I shall leave aside the fact that the chances of survival of those joining the Syrian conflict is quite low* and they are being monitored in any event, so mitigating the potential threat posed by returning jihadis is not as formidable as Mr. Key implies. There are technical means of tracking the location of passports, and the individuals who are in Syria or want to go there have been identified already via domestic intelligence gathering. In fact, allowing suspects to travel while being secretly monitored is a standard intelligence collection method, so one can reasonably assume that the handful of Kiwi internationalists in Syria as well as their as of yet to travel brethren are the focus of both human and signals intelligence collection efforts by local espionage agencies in conjunction with foreign counterparts.

However, Mr. Key’s repeated public use of the Syrian card certainly has alerted any would-be extremists in the New Zealand Muslim community that they have been infiltrated by the Police and SIS and that there are informants in their midst. In fact, the New Zealand Muslim community is a bit of a sieve since 9/11 because personal, sectarian and financial vendettas as well as legitimate concerns about ideological extremism have seen the accusation of “terrorist” thrown around quite freely within it. This has been well known inside security circles (who have to separate bogus from legitimate accusations of terrorist sympathies), but the PM’s public disclosure has given potential jihadis a clear signal to exercise increased caution and diligence when planning future violence (should there be any).

The most important issue, however, is the selective application of the passport revocation authority. If would-be Islamic internationalists have not been convicted of crimes in New Zealand, and barring clear evidence that they intend to engage in crime abroad, then they should be allowed free passage to travel. If they engage in war crimes or crimes against humanity during a foreign conflict (be it in Syria or elsewhere), they can be charged upon their return, or even detained on the suspicion of complicity in said crimes. This is not a far-fetched speculation because both the Assad regime and its armed opposition have committed a raft of atrocities that fall under both definitions of illegal war-time behavior.

This applies equally to those who may choose to join non-Islamicist groups in other foreign conflicts (for example, by joining Christian militias in the Central African Republic), so specifically targeting those intending to go to Syria to fight is, in fact, selective if not discriminatory application of the relevant law. As far as following the Australian example and making it illegal to join a foreign conflict under penalty of imprisonment or revocation of citizenship, one can only hope not.

The simple fact is that would-be jihadis and other internationalists should be free to join any foreign conflict. They assume the risk of doing so and understand that they give up the diplomatic protections usually reserved for citizens traveling abroad. Should they be deemed a potential threat upon their return (in the event that they do), then it is the responsibility of local law enforcement and intelligence agencies to mitigate that threat within the rule of law. As I have alluded to above, that is not particularly hard to do in the New Zealand context.

As for politicians meeting with Dotcom, the issue is far more simple than sinister. Dotcom is a NZ permanent resident who is a fugitive from US justice still under extradition warrant (which is being argued in court). The authorities may well consider him a flight risk because he certainly has the means to do so. They may believe that he is continuing his criminal associations or practices while his court case is being heard (I shall refrain from making bad jokes about those who have flocked to his side during the GCSB Bill debates, or about the politicians who have knocked on his door). Given his penchant for partying and those he associates with when doing so, they may want to catch him in possession of illegal drugs.

Thus the Police would have legitimate reason to run ongoing surveillance operations on him, and can do so legally with or without the help of the SIS and now, thanks to the passage of the GCSB Bill, the GCSB. In doing so, they would monitor and record the comings and goings of visitors to his mansion, with that information passed up the chain of command.

That is why Mr Key’s version of how he came to know about Mr. Peters’ treks to the Coatesville property is odd. He claims that he got his information about Dotcom’s political visitors from Cameron Slater working with or independently from a Herald gossip columnist. That is troubling.

The Right Honorable John Key is the Minister of Intelligence and Security, so presumably he is aware of the status of security operations and the Dotcom case in particular given its history. But he claims that he received domestic espionage information about Dotcoms’s visitors from a right-wing, admittedly partisan “attack” blogger, rather than from the security agencies for which he is responsible and who have a legal right to monitor Mr. Dotcom. That is a sign of incompetence or willful ignorance on his part.

I have shares in a Bolivian gold mine I am willing to sell at a very affordable price to readers who believe a sociopath was the first source of the Dotcom visit data provided to the PM.  Perhaps I am wrong and it is simply too much for domestic law enforcement and intelligence agencies to pursue the monitoring of Dotcom for a supposed copyright infringement when so many Syrian-focused terrorists abound. But given the amount of resources expended and the reputational stakes involved, it would not be surprising and in fact legal for security agencies to do so.

I would suggest that if people like Winston Peters are concerned about being spied on when visiting Mr. Dotcom, then they should look at their own roles in allowing that to happen. Since 9/11 the legal powers and practical reach of the domestic espionage apparatus have been increased incrementally yet extensively under both Labour and National governments. Other than a relatively small number of Left activists and the Green Party (as well as ACT while Rodney Hide was still around to lead it), neither the majority public or the majority of political parties did anything to oppose this extension.

In fact, although Labour party figures and Winston Peters joined Kim Dotcom on the stage at various anti-GCSB Bill protests last year, and the bow-tied buffoon with a pompadour posing as a political party objected to having his personal communications accessed during the course of an investigation into leaks of confidential government information, Labour is responsible for the majority of the extensions and Dunne and Peters supported all of them. National has merely deepened the trend towards a surveillance society.

Hence, whatever Labour, NZ First or United Future may say now as a way of partisan point-scoring, they are full accomplices in the erosion of Kiwi privacy rights over the last decade. Any current whinging about violations of their personal and the larger collective privacy should be dismissed as cowardly rank hypocrisy.

In any event, when it comes to intrusions on basic freedoms of association, privacy and travel, not only Syrians living in New Zealand have reason to feel aggrieved.

* This is due to the immutable Buchanan rule of ground warfare: if you are firing your weapon over your head, or firing blindly around corners in the general direction of the enemy, you will not last long once s/he closes in. Should that rule be miraculously violated without consequence, the fifth Buchanan rule of asymmetrical warfare comes into effect: strapping explosives or amulets to your body in the hope of divine intervention is based on a false premise.

Media Link: Snowden, Spying and New Zealand.

datePosted on 10:55, December 3rd, 2013 by Pablo

In a New Zealand Herald op ed I discuss Edward Snowden’s actions and their implications for New Zealand. It is possible that he may not be what he claims to be, but whether he is or not, there will be inevitable consequences for New Zealand stemming from his leaks.

It is the 150th anniversary of the Gettysburg Address and Jim Mora at RNZ remembered it. He invited me on to the Panel segment to discuss its relevance today with a person who is well informed and one who is less so but strongly opinionated. The segment occupies the first 10 minutes or so of the audio feature and I come in at about the 4:20 mark.

http://www.radionz.co.nz/audio/player/2576894

Mission to nowhere.

datePosted on 16:06, October 8th, 2013 by Pablo

It is said that the who and when of diplomatic missions tells much about the disposition of the government sending them. If that is true, then consider this.

The most important annual Trans-Pacific diplomatic (APEC) meetings are being held in Bali this week. John Key and Tim Groser are there, once again pushing their trade-first (only?) agenda in the main sessions and back rooms.

Meanwhile, Foreign Minister Murray McCully is on a mission to Antarctica.

Since Antarctica has no diplomatic agencies on its soil, it seems odd that the foreign minister is headed that way in the absence of a treaty signing or other diplomatic event. His press release states that the visit, his first, is because he is the minister responsible for New Zealand’s Antarctic Affairs and that along with his visit to Scott Base he will head to the US base at McMurdo Sound. But there is nothing diplomatic on his agenda.

Mr. McCully is not a minister for anything scientific, so he is not discharging science portfolio responsibilities by visiting one of the research stations on the continent. Perhaps, as Minister of Sports and Recreation, he is looking into possibilities along those lines, especially since he was flown down on an Air Force plane along with 117 others plus the 11 person Air Force crew.

But if he is not engaged in anything other than a tour of the realm, why is he not with other Trans-Pacific foreign ministers in Bali? Is this the contemporary equivalent of the colonial practice of assigning diplomats in disgrace to a posting in Brazzaville? Is Antarctica New Zealand’s diplomatic version of the Mosquito Coast?

MFAT and National will say that he was superfluous to requirements in Bali (not exactly in that language) because the PM and Trade Minister are there. That tells us two things.

On the international relations front it confirms that New Zealand’s foreign policy is dominated by a trade fixation (fetishism?) that has come to dominate all other aspects of New Zealand’s diplomatic endeavor. In spite of Mr. Key’s posturing at the UN with regard to UN reform, weapons non-proliferation and multilateral intervention in search for votes for a Security Council temporary seat next year, the hard fact is that New Zealand’s diplomatic ranks have been purged, one way or another, of arms control and non-proliferation specialists, climate change and human rights experts and many other senior diplomats whose primary expertise lies outside the realm of trade. They have been replaced by younger, less costly and more narrowly focused trade zealots (many riding on Groser’s coat tails) whose knowledge and experience in other diplomatic fields is comparatively thin.

This has been accompanied by out-sourcing lead responsibility for intelligence sharing and security assistance negotiations to the GCSB, SIS and NZDF, which is one of the reasons, in concert with the trade fixation, that New Zealand’s foreign relations have taken a distinctly schizophrenic look under National (trade with the East, defend with the West, even if the PRC and US are on a collision course for supremacy in the Western Pacific).

One might respond that spy agencies and armed forces should cut their own deals with foreign counterparts, since it is their business after all. But that is precisely why diplomatic intercession is required–securing the national interest is a long-term game played on many fronts that is not reducible to bureaucratic self-interest, making friends amongst foreign counterparts, or currying immediate favor. It is a fluid balancing game rather than a static one-off opportunity, which is why allowing spooks and uniforms to dictate the terms of engagement on matters of intelligence and security is less than ideal. That is particularly so when the ministers in charge of security and intelligence as well as military affairs are less than conversant with the nature of the operations they are responsible for and where there is no independent oversight of their decisions regarding the conduct of those operations.

Likewise, trade zealots need to have their single-minded obsession with neo-Ricardian prescriptions tempered by those who understand that the world is not solely dominated by trade balances and import/export quotas, tariffs, licensing and the other minutiae of cross-border economic interaction. Important as these are, they need to be considered in relation to other areas of diplomatic endeavor so that coherence, congruence and continuity in foreign affairs can be achieved and maintained. The latter is important for no other reason than it helps establish and maintain a nation’s reputation as a global actor.

New Zealand’s reputation as a global actor has transformed under National from that of an independent and autonomous honest broker into that of a wheeling, dealing “free” trading operator that hedges its bets by cozying up to the world military superpower. It remains to be seen how tenable this position will be over the long-term.

On the internal front McCully’s Antarctic junket offers proof that he is an outcast within his own party, a pariah best unseen and unheard. He has no significant allies in the Collins or Joyce factions of the National caucus and no real friends elsewhere. He has no discernible influence on foreign policy, serving more as a spokesperson and chief of ceremony. The weeks before his trip to the frozen continent he was flitting about the US and Caribbean, visiting the America’s Cup before heading to the UN for some meeting and greeting, then onto bilaterals with Caribbean counterparts. Prior to that he was at the Pacific Island Forum in the Marshall Islands, preceded by trips to Hong Kong, China and Mongolia, Melanesia and the Cook Islands and Africa and the Seychelles. He presented many gifts to a variety of dignitaries from far-off lands and wore colorful shirts as much as he did suits. He did little hard negotiating.

That is a lot of time spent abroad during times when parliament is sitting, particularly when the bulk of the trips were for more symbolic than significant purposes. Come to think of it, when was the last time he answered a question in the debating chamber? I may have missed it but he does seem conspicuous by his absence.

In effect, McCully has been given a comfy sinecure to ensure that he stays away from his own caucus and steers clear of involvement in the “real” business of foreign affairs, that being trade. This neuters him in terms of the internal politics within National as well as with regard to foreign policy making (which is now the province of Groser and his minions). This is a variation on the theme used by Labour with respect to Winston Peters, when he became a Foreign Minister not in cabinet who spent a similar amount of time as McCully does exploring the far–and nicer–reaches of the globe. Except Antarctica.

And we have paid for all of it.

 

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