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Apologies in advance for the hyperbole but once I got on a roll it was impossible to stop.

 

I got bagged last week by some who knew me and read my post about Andrew Little and Labour as I appeared to them (and not all of them would fit into the mold of Left or Liberal) as a closet or crypto sympathizer for National and John Key and all they stand for.

This of course would be far from the truth, as on the political spectrum, I consider myself a fascist anarchist and in no way supportive of National. But as I said last week I am no fan of Labour but some took my last post as a clear vote for the Senor Key and Co. So to keep the karmic balance this post will peel away the blue on National corpse and see what lies underneath (I was planning to write about the security services in NZ but c’est la vie).

The difference between my analysis of Labour and National is that while my focus on Labour was on the failures of the party over the failures of individuals, National is the opposite it’s the failures of individuals that dominates the party and has done so for over a decade now.

To start John Key has been very successful as a politician, so successful in fact that it would be easier to call National the “John Key Party” than refer to them as National. But Keys success as Politician has come at a cost, to both himself and the John Key Party.

Firstly Keys success as politician does not translate well into actual leadership, legacy or being remembered as PM. The multitude of screw ups, gaffs, scandals, dodgy behavior, greedy and corrupt behavior by Keys minions is legion which shows that despite his high polling he has been unable to keep his employees from running amok when his eyes are not directly on them.

This is because that Key has his own version of the Fuhrerprinzip (leadership principle) in play here. He may not have started out as the dictator of National but as the success of the party rests entirely on his ongoing popularity it’s become his show and his show only and much like other dictators Key keeps those under him busy squabbling for power so that they don’t have time to unite against him or do too much damage.

Unfortunately political golems that comprise the party, such as the reptilian Judith Collins, failed Wagnerian/Faustian Jerry Brownlee and power hungry Steven Joyce, feature regularly in the press but rarely for good reasons.

Collins misdeeds are numerous and not even worth mentioning here except that it’s clear that Key brought her back into cabinet after the scandal of Dirty Politics and who she was dining with in China under the old adage of ‘keep your friends close and your enemies closer’. The smiling assassin wants to see the blade coming and by keeping Collins on a short leash and continuing to utilize her attack dog qualities he keeps her occupied and not with no further time to plot his overthrow, as had been rumored.

Brownlee also has been a useful tool to Key as flak catcher for the growing disquiet around the Christchurch Rebuild (nepotism, shoddy work practices and questionable dealings) but Brownlee is really known for little but his escapades in the media where he tried to start a war with Finland, Flouted Civil Aviation Authority rules and has demonstrated that his mouth is not connected to his brain. Also his placement as Minister of Defense, while seeming important, is actually a demotion to a backwater government department as a way of keeping him busy and out of trouble (much in the same vein that Murray Mcully’s appointment to the Foreign Affairs kept him out of the way by keeping him out of the country as much as possible) with all those “important” meetings overseas.

Meanwhile Steven Joyce oversaw his Frankenstein creation of MBIE (among other misdeeds), cobbling together disparate ministries and sections of government into an unholy (and unworkable) creation, staffed at senior levels with barely competent DCEs and then jammed into a chicken coop of a building complete with opulent surrounds at taxpayer expense. It was a power grab pure and simple and much in the vein of the SS in Germany capturing police and security functions under the banner of “centralization” but it’s become a bloated sagging beast with a toxic work culture and extremely high union membership.

But it’s not only the senior ministers that have appeared in the media as creatures that you’d rather not sit next to on the bus. Arron Gilmore will be forever remembered as for his arrogant outburst regarding who he was in regards to his membership in the John Key Party and current troubles with Todd Barclay’s staff show that the newer members of the party won’t be lax when it comes to acting like they are to the manor born.

And these are just examples that I am pulling off the top of my head. There are so many more that it does seem at times that the New Zealand political press are running a concerted campaign to discredit the Senor Key Party by publishing only the bad news but the truth is that the behavior of the members of the party has long been grossly out of touch with expected standards of decency and behavior. The short lived political career of Pansy Wong springs to mind or the highly inappropriate behavior of Maurice Williamson in calling the police when a rich “friend” was in trouble for are just a few more that freely spring to mind.

But there is a method to my madness in cataloging these examples of nether-spawn here and it’s to place the popularity of Key in clear contrast to the Party (and its dismal inhabitants) he fronts.

Key is the Golden Boy, popular in the polls and able to appear in public during daylight hours. But the shadow he casts is long and dark and it’s in the darkness that things grow and thrive, things which cannot go into the light lest they die from exposure.

This is a tale of horror and dark deeds, of human sacrifice and blood, of a pact with demons, a deal with the devil.

Our tale begins in 1999, after nine years in government (and the last three at the behest of Winston Peters) Jenny Shipley (now being sued as a former director of Mainzeal) steered the party onto the rocks of Defeat and Helen Clark led Labour into power. Nationals performance in 1999 was dismal but was nothing to the beating it got in 2002 (20%; it’s lowest ever election result and a nadir even lower than anything achieved by Labour at the polls).

Then several strange things happened but to sum it up simply the party was taken over/bought out in aggressive coup by right-wing interests fronted by Don Brash and the Business Roundtable (Now known as the New Zealand Initiative in an attempt to re-brand its tarnished image). Bill English (possibly the last real link to National of the past times) was sacrificed publicly and painfully on the altar of political convenience and John Key entered the party (or if rumors are to be believed he was aggressively recruited due to his wealth and connections).

Weather Brash had sold his soul to get the leadership or was a patsy may never be known but it’s around this time that the remaining country elements of the party were being cleared out and put off to pasture (no pun intended). Dark words and incantations had been whispered and evil things summoned and now the life that flowed through the party was no human blood but a mix of money, religion and spin.

Shortly after Brash self-destructed in an orgy of greasy stories about his sex life and revelations from Nicky Hagar’s Hollow Men showed that the party was not only beholden to larger business interests but also rapidly becoming a vehicle for money and religion in ways that mirror the strange nexus of religion and power in US evangelicals. Stepping into the breach in 2006 at this time was John Key and the party’s fortunes mysteriously began to rise (to be fair Brash’s infamous Orewa speech had helped to raise the party’s fortunes but his own personal culpability was still poison to the party).

And rise they have but only in relation to Keys personal popularity and when he falls the party will fall with him.

By listing only some of the stains found on the scaly carcass of the party it’s clear that the John Key Party is not only wholly corrupt but incapable of behaving in any manner that requires honesty, decency or integrity and that without the magic of John Key National would have either self-destructed (ala Labour with endless power struggles and coup attempts) or faded into electoral irrelevance by now.

So what’s the plan in the post Key environment for the misanthropes of National? Which of the shambling horrors currently prowling the halls of the Beehive would the average Kiwi voter go for?

The first (and only) name that springs to my mind is Simon Powers. He was being groomed for the role by being chief whip and had the looks, and ability to speak without putting his foot in his mouth but Powers left after two terms (perhaps sensing the poison in the chalice being offered to him) for greener pastures (Run Simon, run!).

Other than that it’s difficult if not impossible to imagine anyone of the current crop of National MPs now sitting at the top level being able to either lead the party without its descending into a hellish power struggle or elicit any positive reaction in the polls to the grotesque suggestion that they may be likable or have any human feelings (or perhaps are even human). Further with the junior ranks either imploding due to swollen hubris or simply because so many National MPs (like Labour’s middle and bottom tiers) are just seat fillers, cautious drones taking their nice salary and doing little for their electorates, no voter in their right mind would be ticking their name on the ballot form either.

A clear example of this hideous electoral dislocation is Winston Peter’s astounding win in the Northland by-election. In what was supposed to be a safe National seat (until Mike Sabine was found to be under investigation by the Police for Assault in another instance of reprehensible behavior) Winston took his traveling medicine show out on the hustings and reaped the spoils of Nationals arrogance and terrible treatment of the electorate.

And if your still reading at this point you may be getting the picture. National is a party that is on life support and that life support is John Key. As soon as he leaves or no longer has the magic touch in the polls the party will be a shambling corpse, an undead husk full of nothing but vile waste and human maggots.

No one is going to vote for Judith Collins, Jerry Brownlee or any of the others grim specters as leader or as PM and the desperate reliance on dirty tricks and heavily manufactured (official and unofficial) spin has left the party desperately hyping and protecting its one and only political life line, John Key.

But zombie parties do not die, they have to be killed and the question is who will do the killing? Vernon Small pointed out in today’s media that John Keys current position in the wake of Panama Papers (the usual Key safe, clean and neat statements) is effectively “handing a cudgel” to the opposition. But who will swing it? Who has the strength?

The Greens and NZ First most certainly have the will but not the strength to really kill National. Labour has the strength but is unable to get its house in order and remains timidly cowering in the corner (in the tradition of many classic horror movies) paralyzed with fear while the beast runs amok among other victims.

Possibly in combination could these three, like some sort of political transforming robot, combine their powers to take out National but that is unlikely (an issue to be explored at a later date) and the odds that come November 2017 we will either see John Key lead his party into a fourth term or a Coalition Government with Labour, NZ First and the Greens in uneasy coexistence are high.

If National is defeated in 2017 then it’s the end of Key, he won’t hang around and will go off to reap the rewards promised by his backers way back in 2002. If National makes a fourth term then all bets are off and Key will rule as long as his popularity lasts.

And that is the final key (no pun intended) to the puzzle, his popularity. As Phil F pointed out in the comments to my last post (and is echoed by the folks over at Redline Blog), a large section of the New Zealand electorate has been docile and passive in the face of the Machiavellian antics of Key and Co.

Voter apathy in the wake of endless scandals by the National party and John Key means that where acts which would have people out in the streets or at least an uproar in other countries have been met with large doses of indifference and ignorance, which are fuel for the polling engine that drives Team Key. Part of the blame lies with the mainstream media but the other with the general public themselves (again fodder for future posts) and it’s rapidly becomes a chicken or egg argument in determining which causes which.

So to end what has again been a long post (I do apologize for the length) it’s worth summing things up. National is a dead party walking as soon as it no longer has John key to prop it up (be it in person or popularity); it’s filled with corrupt individuals and backed by larger business interest for said interests. Its policy is a mild brand of conservatism, watered down to enable it to hold the middle ground and engineered in-line with failed and discredited Neo-liberal principles.

This is a party fighting a holding action to enable those who currently benefit from 30 years of rapacious public policy to consolidate their gains and maintain their lifestyles. The fact that National is literally rotting away before the nations eyes and lead by a necromancer king has yet to generate the fear and loathing that it should in this climate of change shows that we are either under Keys spell or things will remain as they are until history does the job for us and removes the horror for us.

In times like this a heroine or hero is required, or the peoples will must be manifest, both of which have their dangers but it’s clear that the beehive is now more akin to Dracula’s castle looming over the peasant village below and at nights dark and monstrous shapes can be seen  in the windows.

Media Link: The Paris attacks in context.

datePosted on 15:33, November 17th, 2015 by Pablo

I have spent the better part of the last few days doing assorted media interviews about the Paris terrorist attacks.  Some were no more than sound bites, others were a bit more in depth. Here is a radio interview that allowed me to elaborate a bit on the broader picture behind the attacks.

More sexist headlines.

datePosted on 10:09, June 21st, 2015 by Pablo

So this was the headline that greeted me when I opened the Herald on line:  “Chris Cairn’s wife accuses Marc Ellis of harassment.” Now, I am not a fan of either Chris Cairn Cairns or Marc Ellis, so wish a pox on both of them. But what galls me about this particular headline is that, once again, some fool copy or sub editor has decided that the female who is the subject of the story should be reduced to the status of someone’s wife. In the article she complains of being mistreated as a senior business woman in Ellis’s ad agency, so it is not as if she is some teeny bopper that Cairns hooked up with in order to bolster his self-image. But in the eyes of the Herald editorial staff, she is just the female appendage of a dodgy ex-jock filing court papers against another ex-jock celebrity. Surely they can do better.

The really sad part of this particular episode is that it seems to be reflective of the casual sexism and misogyny that permeates NZ.  For all the women who have achieved high positions in politics, academia, arts and law (not so much the corporate world), there appears to be this ingrained backward gender weirdness on the part of a significant number of the male population. Come to think of it, sexism and misogyny are the flip side of the coin known as bloke culture–the latter cannot exist without the former.

One interesting aspect of the story is that she was appointed by Ellis to work for his ad agency in the first place. How did that happen? Was she the best qualified person for the job or did the hire have something to do with the fact that she IS Mrs. Cairns? That would add another layer of provincial small mindedness to the equation. The article also mentions that Ellis is the director and sole shareholder of the ad agency, which has as its client Toyota.

Toyota? How did one of the largest vehicle manufacturers on earth happen to award a contract to what is by all appearances a boutique ad firm with no proven track record? Was it because Ellis is seen as representative of the NZ sales demographic that Toyota is targeting? And is that demographic the blokes? That is the only explanation that makes sense to me, but if that is the case then Toyota needs to think harder about that target demographic because Ellis is certainly not representative of it (after all, his blokey larrikin ute-driving days supposedly ended a while ago and he is now portrayed as a responsible businessman, although Mrs. Cairns complaint would suggest otherwise). And if it is the blokes that Toyota is sales targeting, has it not paused to think of the female role in bloke culture? Or does it assume that all women associated with blokes are content with their status as appendages or side kicks to the alpha individual and share his tastes and interests? If so, it has not done enough due diligence with its market research (as well as on Mr. Ellis).

In any event, the headline sucks even though the sexism, nepotism, cronyism, harassment and dubious business practice implicit in the story may well prove true.

Crowdsourcing opportunity: The 5th Eye.

datePosted on 14:13, June 4th, 2015 by Pablo

I had the opportunity some time go to be interviewed by the one of the director/producers of the documentary “Operation 8″ for a forthcoming film about the GCSB and its role in the 5 Eyes signal intelligence network. These good people are part of the grassroots network that attempts to keep those in power accountable to the folk they supposedly serve, and while I may not agree with them on a number of issues I have no doubts about their sincerity, commitment and interest in the common good.

In order to finish the new documentary, titled “The 5th Eye,”  there is a crowdsourcing effort underway that is well worth supporting. The details are here. Besides information about donating, there is a short video trailer included on the page as well as updates and other valuable information. By all means check it out and help this film on its way to fruition.

If you support truly independent film-making in Aotearoa, this is an excellent opportunity to not only talk the talk, but to walk the walk.

It was not me.

datePosted on 11:46, May 1st, 2015 by Pablo

Yesterday the Herald published an op ed that started out with the following:

“I was asking an American professor a complicated question about Anzus in a university lecture theatre when he started stroking my leg.

I could hardly believe what was happening. I was doing my work and expected to be taken seriously as a journalist. By contrast, his actions not only showed his belief that women’s bodies were his personal play thing – his behaviour also demonstrated his contempt for me in a work capacity. It was obvious he had not been listening to my question as his mind was focused on when the right moment would be to physically assault me.”

Now, I do not know if this incident is true, much less that it occurred at a NZ university. If it is true then it was abhorrent behaviour on the part of the academic involved. But I can state categorically for the record that I am not the “American professor” in question. Not only do I not recall the name of the person making the allegation but I have never been approached by anyone regarding ANZUS. Nor have I stroked anyone’s leg in a professional setting. So count me out of the list of likely suspects.

Readers may think it odd that I feel compelled to defend myself in this way. But as one of the very few (former) American professors in NZ who also lectured and writes about international relations, foreign policy and comparative politics, the light of suspicion has already been cast my way. Given that in the past I have been accused of being a racist, Islamophobe, Zionist and an assortment of other unsavoury things, I am therefore quick to defend my good name from any insinuations of misconduct, harassment or unethical behaviour.

That is the problem with non-specific allegations of wrong-doing–whatever the righteousness of the point being made, they tar the innocent as well as the guilty with the same brush.

Idle chatter.

datePosted on 16:27, April 16th, 2015 by Pablo

Last year I wrote a series of posts outlining what in my view were the reasons the NZ Left was in major if not terminal decline. The posts began before and concluded after the 2014 election and can be found in chronological order here, here and here. There were plenty of people who disagreed with my take on things, with the most vocal detractor being that doyenne of the NZ Left, Chris Trotter. The second of my posts answered his original critique (link to his critique in the post) and he followed up some time later with another post in which he takes me to task for saying that the Left should not resort to Dirty Politics style tactics in order to prevail. He chided me for my idealism and noted that he dealt in pragmatics and pragmatism dictated that the Left should play dirty if it was to defeat the forces of darkness now reigning triumphant in this land.

Given that I have a fair bit of past practical experience with direct action politics, albeit not in NZ, I found the charge of idealism a bit odd. Given what he said previously about the Left’s continued viability and strength, even odder was Chris’s admission that Dirty Politics works and needs to be used by the Left if it is to succeed in the contemporary political arena. If the NZ Left were truly viable would it need to resort to playing dirty? I thought that was the province of pro-capitalist parties whose policies hurt the masses and have little popular appeal due to their elite focus.

Be that as it may, imagine then my surprise when I read this from the redoubtable Mr. Trotter. Therein Chris draws the parallel between the “clever and artistic” denizens of cabaret society in the Weimer Republic and what Dave Brown (in a comment on the post) pointedly calls the “chatterati” assembled to watch a panel discussion of media types–not all of them of the Left–gathered at a restaurant part owned by Laila Harre in order to to lament the demise of Campbell Live. Beyond noting that a well placed bomb would have eliminated the “cream” of Auckland’s chattering Left, he goes on to note the distance between them and the “very different New Zealand” that exists outside of Ms. Harre’s fine dining establishment and whose TV viewing preferences may not be akin to those sipping chardonnay’s inside. His tone is implicitly insulting of those he broke bread with as the media commentators opined about Mr. Campbell, other talking heads, themselves and the state of the NZ media landscape.

Now, I am not one to gleefully point out contradictions or reversals by others, such as that done by some Left commentators on the subject of the Urewera Raids. And I must confess that I am little more than a chatterer myself these days. But given the thrust of Chris’s latest post in light of what he has said before about the NZ Left, I have just one question to ask:

Is he still steering by the real?

Because if he is, then it appears that he has joined my side of the argument about the NZ Left and for that I salute him. Belated as it may be, it was time to wise up.

The issue now is how to move beyond the parlour talk of the chattering Left and into organizing a counter-hegemonic project grounded in effective praxis.  As I have said before that is a very big task and needs to be oriented around a discernible class line. The UNITE union is a small beacon of hope in this regard, but there is much more that needs to be done if anything remotely close to a Left resurgence is to translate into contestable politics. Labour and the Greens are too committed to centrist politics and working within the system as given to be anything other than reformists and passive revolutionaries. Real change can only come from the grassroots and rank and file, and those need to be cultivated via ideological appeals that feel immediate and achievable and which transcend the diversionary rubbish pushed by popular culture, corporate media and a government hell bent on dumbing down the quality of political and social discourse.

What is needed, in other words, is a legitimate war of position, however incremental it may have to be fought.

That is something the chattering Left simply cannot do.

EveningReport.nz is a new NZ-based online media outlet that among other valuable things offers in-depth interviews on matters of public interest.  As such t is a welcome addition and antidote to corporate media soundbites and frivolities.

I was fortunate to feature in one such interview (there is also one by Nicky Hager), which explores the latest revelations that the GCSB does a heck of a lot of spying on New Zealand’s friends and partners as well as on so-called rogue states, and it does much of this on behalf of the the US and other Five Eyes partners rather than as a matter of national security. The ramifications of the revelations about NZ’s role in 5 Eyes are one subject of the discussion, but there are other items of interest as well.

The discussion, hosted by Selwyn Manning, can be found here.

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.

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.

 

Trawling the depths and finding trouble.

datePosted on 10:05, December 2nd, 2013 by Pablo

The decision by a district court judge to deny a rightwing blogger the right to protect his sources because he is not a “news medium” under the definition of the Evidence Act has been greeted with glee by many on the Left but is utterly wrong. The judge clearly does not understand what blogging has become, and has failed to distinguish between freedom of the press and defamation.

There are many types of blogging, and some of it is clearly news-focused in nature. The Huffington Post, Daily Beast, Foreign Policy blog and many others of that type are news outlets, sometimes with editorial content. Blogs like The Onion are clearly satirical and should be treated as such. Blogs like David Farrar’s are personal, partisan and cut and paste editorial in nature. Blogs like this one are personal and opinion focused, not news breaking. There are tons of personal, music, cinema, food and other types of blog that are not news mediums but it should be obvious that there are also many news-breaking and news focused blogs that fall well within the definition of “news medium.”

Blogs that are news focused can have a heavy editorial or partisan content. When evaluating stories on such outlets one has to distinguish whether the author wrote in a news breaking capacity or as an editorial or partisan opinion. That really is not that hard.

When considering either capacity, one should focus on whether what is said on a blog is a lie, untrue or otherwise deliberately false in nature. If what is said is injurious to another party, then it can be considered defamatory.

Although I am no fan of sociopathic bullying bigots with partisan agendas and populist delusions, I think that the particular blog in question can be rightly considered to be a news medium with overt editorial content. Much like Fox News or RT and the blogs they operate.

The plaintiff in the defamation case against the blogger in question only need demonstrate what parts of the blogposts authored by the defendant are untrue or deliberately misleading. I have not read the entire opinion but it seems to me that being called a “cocksmoker” may be insulting depending on one’s perspective, but not necessarily defamatory. Ascertaining the source of the leaks to the blogger is immaterial: either what was posted was false and deliberately written to harm the plaintiff or it was not. Seeking to identify the source only serves punitive purposes and does not assist in establishing malicious intent (which is what the plaintiff is claiming is his objective under discovery).

Given who the blogger is, malicious intent is pretty much a given. The question is: was what he wrote a lie or deliberately misleading so as to harm the reputation of the plaintiff?

The district court decision should be appealed and overruled. That is important because it protects the sources of that part of the electronic media, including social media, that has a news-generating orientation. Doing so in no way prevents defamation cases from being brought because the proof of such cases is what was deliberately said or written, not the source for what was said or written.

If the source was consciously involved in deliberately disseminating false and misleading content via the blogger, then the latter has to decide whether to reveal the source or shoulder sole responsibility. That should be enough to make even citizen journalists and news bloggers cautious.

The point is that with news source protection privileges comes the journalistic responsibility to ascertain that the information provided from a source is not deliberately false or malicious. If that responsibility is shirked, then the news outlet, be it a blog, newspaper, radio or television program can be held accountable for disseminating falsehoods that are defamatory or libelous. If the blogger in this case used material that he knew to be false and damaging, then he should be liable. If he did not know the information was false and damaging and published without verifying, he is liable anyway. Whether or not he choses to reveal his source, he ultimately is responsible for what was written on his blog and therefore accountable for what was written. That is how journalism operates.

The bottom line is that the district court judge’s decision is very poorly thought out and wrong. As many have mentioned, it establishes a dangerous precedent with a chilling effect on freedoms of speech and press in electronic media.

The Left should not be so gleeful because the silencing of one opens the door to the silencing of many.

 

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