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Playing us for suckers.

datePosted on 19:18, January 13th, 2019 by Pablo

Huawei NZ has offered to only use NZ citizens to install its 5G equipment as part of the national broadband upgrade. It does so because of concerns about a revised Chinese National Intelligence Law that requires all Chinese citizens and firms to serve the interests of state security. Prior to now, many of the technicians involved in installing Huawei equipment around the world were and are Chinese citizens. After the GCSB advised against using Huawei in the NZ 5G roll-out citing national security concerns and publicizing of the Chinese intelligence law requirement of its citizens, Huawei NZ decided to allay fears by offering to use Kiwi technicians instead.

This is akin to ISIS using white females to deliver package bombs. It is not the method of delivery that matters but the content of what is being delivered.

Huawei technicians in NZ may or may not know what “backdoors” or other bulk collection or data mining filters are embedded in the equipment that they install. That comes from the source, and when it comes to Huawei the source is intimately bound up with the Chinese state and its ruling party. Huawei is not a publicly traded company. Instead, it is a state capitalist enterprise and the CCP has a major role in its direction. Its technical arm is believed by Western intelligence agencies to have close ties to Chinese signals intelligence, which given the intelligence law’s requirement on Chinese firms is part but not all of the reason that Huawei has been banned from 5G roll-outs in Australia, NZ and the US.

Western telecommunications firms also install backdoors in their equipment. Those are used to, via bulk collection and data mining, ascertain customer preferences with an eye to selling advertising. According to Western security agencies, the difference between them and Huawei and its Chinese counterpart ZTE is that the former do not work hand in glove with intelligence agencies and in fact (especially after the Snowden revelations about bulk collection of domestic communications in Western democracies) require warrants from security courts in order to access encrypted communications on private networks.

So the argument goes that Western telecommunications firms install backdoors in their equipment in order to enhance commercial profitability while Huawei and ZTE install backdoors in order to serve Chinese intelligence. This includes collecting political, economic, military, diplomatic, commercial and intellectually proprietary information that extend well beyond aggregating and selling consumer preference data.

That is a big difference that the nationality of the technicians doing the installing of such equipment cannot obscure. Perhaps the Huawei NZ management think the NZ public are gullible enough to believe that the citizenship of technicians is the reason the GCSB advised against using it as a supplier.

When it comes to who to believe in a contest between NZ profit-seekers and national security professionals, especially when the profit-seekers are backed by an aggressive authoritarian state that regularly violates international norms, my inclination on this particular matter is to believe the security professionals, warts and all.

Cyber-hacking comes to Aotearoa.*

datePosted on 19:04, December 21st, 2018 by Pablo

The Government Security Communications Bureau (GCSB) has announced that Chinese hackers were responsible for cyber intrusions against New Zealand managed service providers (MSPs), the telecommunications firms responsible for providing phone, email and internet services and data banking to individual, public agency and corporate consumers. This is surprising only because it confirms what private security analysts and partner intelligence services have been claiming for some time: that the Chinese are engaged in a global campaign of cyber theft of commercial secrets and intellectual property. They do so as part of a strategy to become the world’s dominant information and telecommunications player within 50 years, and they do so by using ostensibly private firms as cover for hacking activities directed by the Chinese Ministry of State Security (MSS).

The GCSB announcement coincided with indictment by the US Justice Department of two Chinese nationals who have been identified as belonging to the Advanced Persistent Threat (APT)-10 Group of MSS hackers operating under the cover of a Chinese-registered firm, Tianjing Huaying Haitai Science and Technology Development Company Ltd. (Huaying Haitai). Huaying Haitai claims to provide network security construction and product development services but has only two registered shareholders, one manager and no web presence (the domain name huayinghaitai.com is registered to the firm but cannot be found on-line, which is particularly odd for an internet security provider). The US has publicly identified Huaying Haitai as the corporate front for ATP-10, and the GCSB has confirmed that ATP-10 was responsible for the New Zealand-targeted cyber intrusions it has detected since early 2017.

The UK simultaneously announced that Chinese hackers had conducted a decade long-campaign of cyber-theft against British commercial entities, while the US identified 75 US-based targets as well as others in 12 other countries (excluding New Zealand). The GCSB announcement is therefore part of a coordinated effort by Western governments to identify Chinese-based cyber-theft campaigns, and follows on similar Australian revelations announced during the 2018 APEC summit a month ago.

The ATP-10 cyber-hacking campaign violates the terms of a 2016 APEC agreement signed by China (and New Zealand) committing member states to not use cyber hacking in order to engage in commercial espionage or intellectual property theft. It violates similar pacts signed with the US and UK in 2015. This means that China is deliberately violating international agreements for commercial gain. It also makes all Chinese-based telecommunications suspect, both in terms of their purported use of so-called digital backdoors built into their products that can be used by Chinese intelligence as well as their duplicitous corporate behaviour when it comes to proprietary information. In effect, Chinese telecommunications are seen as bad corporate actors as well as intelligence fronts by Western countries. This has caused firms such as ZTE and Huawei being excluded from critical infrastructure projects and 5G network upgrades in a number of countries, including, most recently, New Zealand.

The GCSB announcement refers to Chinese hacking in pursuit of cyber theft of sensitive commercial and intellectual property. It does not mention specific targets or refer to cyber-espionage per se.Yet the two are overlapped because of the nature of the targets and means by which they attacked. ATP-10 hacking attacks are aimed at Managed Services Providers (MSPs) who store data for individuals, public agencies and firms. These include large multinational email, internet and phone service providers as well as smaller cloud-based data storage firms.

If ATP-10 and other hackers can penetrate the security defenses of MSPs they can potentially bulk collect, then data mine whatever is digitally stored in the targeted archives. Although the primary interest is commercial in nature, the overlapping nature of data networks, especially in a small country like New Zealand, potentially gives ATP-10 and similar hacking groups access to non-commercial political, diplomatic and military networks.

For example, a home computer or private phone that has been compromised by a cyber hack on a internet service provider (ISP) can become, via the exchange of information between personal and work devices, an unwitting entry point to work networks in the private and public sectors that are not connected to the individual’s ISP. This raises the possibility of incidental or secondary data collection by hackers, which in the case of state organized outfits like ATP-10 may be of as much utility as are the commercial data being targeted in the first instance.

The dilemma posed by the GCSBs announcement is two-fold. First, will the government follow the GCSB lead and denounce the behaviour or will it downplay the severity of the international norms violations and intrusion on sovereignty that the ATP-10 hacking campaign represents? If it does, it sets up a possible diplomatic confrontation with the PRC. If it does not, it exposes a rift between the GCSB and the government when it comes to Chinese misbehaviour.

Neither scenario is welcome but one thing is certain: no response will stop Chinese cyber hacking because it is part of a long-term strategy aimed at achieving global information and telecommunications dominance within fifty years. But one response will certainly encourage it.

  • An earlier version of this essay appears on the Radio New Zealand website, December 21, 2018 (https://www.radionz.co.nz/news/on-the-inside/378835/cyber-hacking-comes-to-aotearoa).

On intelligence oversight, a broader perspective.

datePosted on 17:10, April 20th, 2018 by Pablo

The announcement that the Inspector General of Intelligence and Security (IGIS), Cheryl Gwyn, has convened an external Reference Group to discuss issues of intelligence agency oversight (specifically, that of the NZSIS and GCSB, which are the agencies under her purview) has been met with applause and controversy. The applause stems from the fact the Group is a continuation of her efforts to strengthen the oversight mechanisms governing New Zealand’s two most important intelligence collection and analysis agencies. The controversy is due to some of the persons who have accepted invitations to participate in the Group.

The Group is an unpaid, non-partisan collection of people with interest, expertise and/or background in matters broadly related to intelligence and security and their oversight. None are government employees, something that gives them freedom to speak frankly under the Chatham House rules established by the IGIS. The Group is a supplement to and not a rival of or substitute for the IGIS Advisory Panel, made up of two people with security clearances that have access to classified material and who can offer specific assistance on matters of operational concern. However, the Advisory Panel has had no members since October 2016.

The idea behind the Reference Group, which is modelled on a Dutch intelligence oversight counterpart, is to think laterally or “outside of the box” on matters relevant to intelligence oversight. Bringing together people from different backgrounds and perspectives allows Group discussions to gravitate towards areas of common concern, thereby eliminating personal agendas or extreme positions. And because the Group is made up of outsiders, it does not run the risk of becoming slave to the groupthink of agency insiders.

In contrast to the Advisory Panel, the Reference Group does not handle classified material nor discuss operational matters. Access to classified material or operational details is obviated by the fact that the Group’s focus is on the broad themes of accountability, transparency, organizational compliance and the balance between civil liberties (particularly the right to privacy) and the defense of national security as conducted by the lead intelligence agencies. These are matters of legality and propriety rather than operational conduct. And while similarly important, legality and propriety are not synonymous. Often what is legal is not proper and vice versa, and this is acutely the case when it comes to intelligence collection, analysis and usage. Since the IGIS does not oversea the NZDF and smaller intelligence “shops” such as those of the DPMC, Police, Immigration and Customs, the Group will only discuss issues relevant to oversight  of the NZSIS and GCSB.

Who are the members of the Group and why the controversy? The plurality of members are four public interest lawyers, three of them academicians and one an advocate for refugees. Two members are journalists. One is the Issue Manager for Internet NZ, one is the head of the NZ Council for Civil Liberties, one is a former Russian diplomat now serving as the Director of the Massey University Centre for Defense and Strategic Studies (CDSS), one is an economist who chairs Transparency International New Zealand and one is a private sector geopolitical and strategic analysis consultant.

Concern has been voiced about the presence of both journalists as well as the refugee advocate and the loyalties of the former Russian diplomat (although he has held positions at a US security institution as well as the NZDF-funded CDSS). The thrust of the contrary views about these and some of the other participants is that they are untrustworthy due to their personal backgrounds, professional affiliations and/or ideological orientations. An additional reason given for opposing some of the membership is that they have been strong critics of the SIS and GCSB and therefore should be disqualified a priori.

Others believe that the Group is just a whitewashing, window-dressing or co-optation device designed to neuter previous critics by bringing them “into the tent” and subjecting them to “bureaucratic capture” (whereby the logic of the agencies being overseen eventually becomes the logic accepted by the overseers or Reference Group interlocutors).

The best way to allay these concerns is to consider the IGIS Reference Group is as an external focus group akin to a Town Hall meeting convened by policy-makers. Communities are made of people of many persuasions and many viewpoints, and the best way to canvass their opinions on a broad range of subjects is to bring them together in a common forum where they can debate freely the merits of any particular issue.  In the case of the Reference Group the issue of intelligence agency oversight and, more specifically, matters of institutional and individual accountability (both horizontal and vertical, that is, vis a vis other government agencies such as the judiciary and parliament, on the one hand, and vis a vis the government and public on the other); transparency within the limits imposed by national security concerns; and the juggling of what is legal and what is proper, are all set against the backdrop of respect for civil liberties inherent in a liberal democracy. These are complex subjects not taken lightly by those involved, all of whom have track records of involvement in the field and who, given the terms of reference and charter of the Group, are acting out of a sense of civic duty rather than for pecuniary or personal gain.

The IGIS does not need political or agency authorisation to construct such a Group, which has no statutory authority or bureaucratic presence. As a vehicle for interest intermediation on the subject of intelligence oversight, it serves as a sounding board not for the IGIS but for the people on it. In that light, the IGIS has called the Group’s discussion a “one-way street” where participants air their informed opinions about agenda items agreed to in advance and in which the IGIS serves as a discussion moderator and takes from it what she finds useful. Expected to meet two or three times a year over tea and coffee, the Group is not likely to tax the Treasury purse and could well deliver value for dollar in any event.

Critics of this exercise and other forms of interest intermediation or external consultation betray their closet authoritarianism because such concertative vehicles are mainstays of policy-making in advanced liberal democracies. Be it the tripartite wage negotiation structures bringing representatives of the State, labour and capital together (even at the regional or local level), to consultative boards and other social partnership vehicles that connect stakeholders and decision-makers in distinct policy areas, the use of interest intermediation is an integral feature of modern democratic regimes (for an example of the breadth of issues addressed by intermediation vehicles, see Kate Nicholls, Mediating Policy: Greece, Ireland and Portugal before the Eurozone Crisis. London: Routledge, 2015.). To argue against them because of who is represented or because they are seen as inefficient talkfests that are a waste of taxpayer money is just a cloak for a desire to silence broad public input and dissenting views in the formulation of public policy. That may have been the case under the previous government but no longer is the case now.

One of the thorniest problems in a democracy is the question of what system of checks and balances keeps the intelligence community proper as well as legal. As the most intrusive and sensitive of State activities, intelligence collection, analysis and usage must be free from reproach on a number of grounds—conflicts of interest, partisan bias, foreign control, illicit activity or criminal behaviour, etc.—and must be accountable and responsive to the public will. The broadening of consultation intermediators between the NZ intelligence community and the public is therefore a step in the right direction, and for that reason the Reference Group is a welcome contribution to the oversight authority vested in the IGIS.

References: http://www.igis.govt.nz/media-releases/announcements/establishment-of-igis-reference-group/

http://www.igis.govt.nz/media-releases/announcements/reference-group/

Disclosure: The author is a member of the Reference Group. The views expressed are his own.

New Zealand goes it alone.

datePosted on 18:47, March 28th, 2018 by Pablo

The New Zealand Labour government’s refusal to join international collective action against Russia over the nerve agent attack in the UK on former spy Sergei Skripal is perplexing. The 27-nation solidarity coalition expelling Russian diplomats and intelligence officers from their soil includes all of New Zealand’s major security partners as well as important trade counterparts. New Zealand is a member of the 5 Eyes signals intelligence collection and sharing network including Australia, Canada, the UK and the US, so it has better knowledge than most as to what evidence the UK has to indicate that Vladimir Putin’s regime ordered the hit on Skripal. New Zealand is an extra-regional NATO and EU associate, and like the majority of the members of the coalition, it is a democracy. New Zealand fashions itself as a good international citizen and honest broker in international affairs, so it seems odd that it would not join its closest diplomatic interlocutors in what is largely a symbolic gesture of repudiation of Russian misbehavior abroad.

The decision was made all the more quixotic by Prime Minister Jacinda Ardern’s claim that there are “no undeclared Russian intelligence operatives” in New Zealand and hence there was no need to expel anyone. She claimed to have assurances from the Ministry of Foreign Affairs and Trade (MFAT) that was the case, even though MFAT has no counter-intelligence function nor the ability to ascertain who is and who is not a Russian intelligence officer, declared or undeclared (that is the job of the Security Intelligence Service (SIS)). She later changed her story to saying that her advice did in fact come from the SIS, but without acknowledging her original misstatement (which happened during a RNZ interview so is recorded for posterity). Her repeated comments that if there were such spies in New Zealand they would be expelled produced derisive headlines around the globe but more importantly, raised questions about her competence when handling security matters.

Discussion in New Zealand about the issue has been muddled by the PM’s remarks. The minor aspect of the story is about whether there are Russian intelligence operatives in NZ and whether they should be expelled. The answers to that are “yes” and “possibly.” “Possibly” depends on the answer to the major aspect of the story: the reasons why NZ decided not to join the so-called “expulsion coalition.” I shall focus on the latter but suffice it to say that all of the 150 Russian personnel expelled by the coalition hold diplomatic passports so by definition are not working undercover as spies without diplomatic immunity. Nor were all of those expelled intelligence officers working under official cover (i.e. with diplomatic immunity).

The detour into what constitutes an “undeclared intelligence agent” was unnecessary and unhelpful in clarifying the reasons behind NZ’s decision to reject the UK request to join it in repudiating the Russian assassination attempt. That reasoning continues to remain unclear at present. Claiming that the decision to not adhere to the collective expulsion action is because there was no one who met the definition of “undeclared intelligence agents” operating in New Zealand is a diversion from the underlying rationale because it puts the focus on the instrumentalities of response rather than the reasons for it.

So why has New Zealand chosen to isolate, or perhaps better said, alienate itself from its traditional allies and major security partners? To be sure, members of the coalition have their own histories of foreign skullduggery and intrigue, to include extrajudicial killings abroad. Moreover, diplomacy is often no more than hypocrisy masquerading as self-righteousness standing in defense of principle. Perhaps the Labour government wants to give the lie to the posturing of its most important allies.

Even so, pragmatic assessments usually inform foreign policy decisions, particularly those involving choosing sides in international disputes. That is particularly true for small states when confronted with the demands of quarreling powers to take a position in favour of one side or the other. This “Melian Dilemma” is an unavoidable part of being small in a world dominated by competing great powers, so Lilliputians such as New Zealand usually think long and hard before taking an unpopular stand—particularly amongst its friends.

New Zealand’s decision not to participate in the solidarity coalition was made in the face of a direct request from the May government and in spite of the fact that the collective action is largely symbolic. Although Russian intelligence operations will be adversely affected in places like the UK, US and Germany, many of those being expelled are “normal” diplomats who can be recalled at some future date. So the downside to joining the coalition would seem relatively small even with Russian threats of retaliation, and the upside in terms of being seen to be a good diplomatic partner that supports international norms could well outweigh whatever the Russians can respond with.

Perhaps there lies the explanation. New Zealand’s foreign policy in recent years has been trade obsessed and speculation has it that members of the foreign policy establishment see the possibility of advancing a bilateral free trade agreement (FTA) with Russia in the vacuum left by the trade sanctions levied on it in the wake of the Ukrainian invasion and annexation of Crimea. New Zealand and Russia opened talks on trade before the sanctions were imposed, then suspended them afterwards. Official advice from the foreign ministry is that violating the sanctions regime to try to exploit a possible window of opportunity vis a vis Russia is counterproductive at best.

But talk in Wellington is that some in the Labour-led government are keen to resume negotiations, so taking a contrary stance on response to the nerve agent assassination attempt is a means of currying favour with Putin at a time when other competitors are not. Given that Foreign Minister Winston Peters has questioned claims that Russia was involved in the shoot-down of the Malaysian airliner over the Ukraine, or that it interfered in US and European elections, and has refused to name Russia as the perpetrator of the attempted Skripal hit, what once seemed to be an unhinged rationale for resuming bilateral trade negotiations is now being given credence.

It is also possible that Labour is attempting to stake out its “independent and autonomous” foreign policy credentials after nine years of the previous government’s rapprochement with the US and the other Five Eyes partners. Given the animosity felt towards Donald Trump (and to a lesser extent Teresa May) amongst Labour supporters as well as those of its coalition partners (New Zealand First and the Green Party), this is a way of playing David versus Goliath(s) for domestic audiences.

New Zealand could also be signalling the international community. After all, over 140 nations did not sign up to the collective action, including major trading partners in Asia and the Middle East. No Pacific Island nation (other than those represented by France, the UK and US) signed on to the deal. So in terms of demonstrating its sovereign resolve to remain out of great power conflicts when and where possible, this Labour government may be channeling the spirit of independence championed by David Lange during the 1985 nuclear showdown.

And yet, pragmatic assessment of the situation would advise the Labour-led government to address the short and long term costs and benefits of alienating its most important foreign partners by refusing to join in the symbolic repudiation of Russia. By any objective measure, to include the possibility of securing bilateral trade with Putin’s regime, the costs of doing so will clearly outweigh the benefits even if it does not interfere with the daily business of intelligence sharing and military cooperation with the Five Eyes and other security partners.

On the other hand, virtue signalling its independence may garner New Zealand some favor with those outside of the “exclusion coalition” as well as domestic audiences. The play is both short and long-term in nature, with the question being will a short term move of this sort translate into longer term benefits or losses.

In the diplomatic world the shadow of the future hangs heavily over present decision-making. Sequels are uncertain and memories are elephantine in nature. The consequences of being shortsightedly contrarian are determined not by the contrarian but by those refused support on a matter of international consequence and foreign policy alignment. On the other hand, standing up to great power partners may risk the wrath of those slighted but win broader appeal among those in the global community who are averse to the machinations of the mighty.

With that in mind the question remains: what exactly were the reasons for this move and what does the New Zealand Labour government expect to gain from its contrarian (even if principled)  stance?

A shorter version of this post appears in The Guardian on line, March 28, 2018.

In Iraq, the NZDF is there but not “there.”

datePosted on 11:22, February 12th, 2018 by Pablo

Recently I was approached by reporters to comment on a report by Harmeet Sooden that reveals that NZDF activities in Iraq extend well beyond what has publicly been acknowledged.  You can read his report here. My back and forth with the reporters eventuated in an op ed (ironic, given the content of my previous post), the gist of which is below.  As readers will see, my concerns are not so much about the mission as they are about the lack of transparency on the part of the NZDF and the previous government as to what the deployment really involves.

Ethically and practically speaking, there is no real problem with what the NZDF is doing in Iraq, including the undisclosed or downplayed aspects. It is a way for the NZDF to hone its skills (to include combat skills), increase its capabilities, enhance its professional reputation and more seamlessly integrate and operate with allied forces and equipment, as well as demonstrate that NZ is willing to do its part as a good international citizen. The cause (fighting Daesh) is just, even if the context and conditions in which the war is prosecuted are prone to unintended consequences and sequels that blur the distinction between a good fight and a debacle. The issue is whether the benefits of participating in the anti-Daesh coalition outweigh the costs of being associated with foreign military intervention in a region in which NZ has traditionally been perceived as neutral and as a trustworthy independent diplomatic and trading partner. The statements of coalition partners (especially the ADF) demonstrate that they believe that the mission has been worthwhile for the reasons I noted.

Some will say that the disclosure of the NZDF “advise and assist” role in Iraq is evidence of “mission creep.’ In reality this was envisioned from the very beginning of the NZDF involvement in the anti-Daesh coalition. The training mission at Camp Taji, although a core of the NZDF participation in the coalition, also provided a convenient cover for other activities. These were generally disclosed in the months following the first deployment (TGT-1) in theatre, and it was only during TGT-5 and TGT-6 in 2016-17 that the advise and assist role was openly acknowledged. In practice, military training such as that conducted by the NZDF in Iraq does not stop after six weeks behind the barbed wire at Taji, so some advise and assist operations in live fire conditions were likely conducted before what has been publicly acknowledged (perhaps during the battles of Tikrit and Falluja or other “clearing” missions in Anbar Province).

The extended advisory role “outside the wire” is particularly true for small unit counter-insurgency operations. That was known from the start.  So it is not so much a case of NZDF mission creep as it is planned mission expansion.

NZDF collection of biometric data is only troublesome because of who it is shared with. The Iraqi authorities are unreliable when it comes to using it neutrally and professionally, so sharing with them or the ISF is problematic. Biometric information shared with NZ intelligence agencies can be very useful in vetting foreign travellers to NZ, including migrants and refugees. But again, whereas the use of such data can be expected to be professional in nature when it comes to NZ and its military allies, the whole issue of biometric data sharing with any Middle Eastern regime is fraught, to say the least.

The reasons for the National government’s reluctance to be fully transparent about the true nature of the NZDF commitment in Iraq are both practical and political.

Practically speaking, denying or minimizing of NZDF involvement in combat activities, to include intelligence and other support functions, is done to keep NZ’s military operations off the jihadist radarscope and thereby diminish the chances that New Zealand interests abroad or at home are attacked in retaliation. This goes beyond operational and personal security for the units and soldiers involved as well as the “mosaic theory” justification that small disclosures can be linked by enemies into a larger picture detrimental to NZ interests. All of the other Anglophone members of the coalition (the US, UK, Australia and Canada, as well as others such as France and Spain) have suffered attacks in their homelands as a direct result of their public disclosures. NZ authorities undoubtedly see this as a reason to keep quiet about what the NZDF was actually doing in theatre, and they are prudent in doing so.

However, foreign reporting, to include reporting on military media in allied countries, has already identified NZDF participation in combat-related activities, so the desire to keep things quiet in order to avoid retaliation is undermined by these revelations. Likewise, Daesh and al-Qaeda have both denounced New Zealand as a member of the “Crusader” coalition, so NZ is not as invisible to jihadists as it may like to be. Even so, to err on the side of prudence is understandable in light of the attacks on allies who publicly disclosed the full extent of their roles in Iraq.

The other reason why the National government did not want to reveal the full extent of the NZDF role in Iraq is political. Being opaque about what the NZDF is doing allows the government (and NZDF) to avoid scrutiny of and deny participation in potential war crimes (say, a white phosphorous air strike on civilian targets in Mosul), complicity in atrocities committed by allied forces or even mistakes leading to civilian casualties in the “fog of war.” If there is no public acknowledgement and independent reporting of where the NZDF is deployed and what they are doing, then the government can assume that non-disclosure of their activities gives NZDF personnel cover in the event that they get caught up in unpleasantness that might expose them to legal jeopardy.

It is all about “plausible deniability:” if the NZDF and government say that NZ soldiers are not “there” and there is no one else to independently confirm that they are in fact “there,” then there is no case to be made against them for their behaviour while “there.”

In addition, non-disclosure or misleading official information about the NZDF mission in Iraq, particularly that which downplays the advise and assist functions and other activities (such as intelligence gathering) that bring the NZDF into direct combat-related roles, allows the government some measure of insulation from political and public questioning of the mission. NZ politicians are wary of public backlash against combat roles in far off places (excepting the SAS), particularly at the behest of the US. Although most political parties other than the Greens are prone to “going along” with whatever the NZDF says that it is doing during a foreign deployment, there is enough anti-war and pacifist public sentiment, marshaled through a network of activist groups, to pose some uncomfortable questions should the government and NZDF opt for honesty and transparency when discussing what the NZDF does abroad.

However, in liberal democracies it is expected that the public will be informed by decision-makers as to the who, how, what and why of foreign military deployments that bring soldiers into harm’s way. After all, both politicians and the military are servants of the citizenry, so we should expect that transparency would be the default setting even if it does lead to hard questioning and public debate about what is a “proper” foreign military deployment.

The bottom line as to why the NZDF and political leaders obfuscate when it comes to foreign military operations is due to what can be called a “culture of impunity.” This extends to the intelligence community as well. They engage in stonewalling practices because traditionally they have been able to get away with them. Besides public ignorance or disinterest in such matters, these affairs of state have traditionally been the province of a small circle of decision-makers who consider that they “know best” when it coms to matters of economic, security and international affairs. Their attitude is “why complicate things by involving others and engaging in public debate?” That tradition is alive and well within the current NZDF leadership and was accepted by the National government led by John Key.

It remains unclear if there will be a change in the institutional culture when it comes to disclosing military operations abroad as a result of the change in government, with most indications being that continuity rather than reform is likely to be Labour/NZ First’s preferred approach.

 

An earlier version of this essay appeared in The Dominion Post on February 12, 2018. (https://www.stuff.co.nz/national/101327837/advise-and-assist-in-iraq-was-always-part-of-the-plan-for-nz-defence-force).

Plus ca change, or, does Labour have a foreign policy?

datePosted on 07:34, January 5th, 2018 by Pablo

Among the things mentioned during the 2017 election campaign, foreign policy was not one of them. This is not surprising, as domestic policy issues tend to dominate election year politics in times of peace in virtually all democracies. The syndrome is compounded in New Zealand, where matters of diplomacy, international security and trade are notable for their absence in both parliamentary debates as well as public concern, only surfacing during moments of controversy surrounding specific issues such as foreign troop deployments, NZ involvement in Anglophone spy networks or negotiating trade deals that appear lopsided in favour of other states and economic interests.

Even if foreign policy is not a central election issue, it nevertheless is an important area of governance that should in principle reflect a Party’s philosophy with regard to its thrust and substance. Given that the Labour-led coalition that formed a government in 2017 represents a departure from nine years of center-right rule, it is worth pondering what approach it has, if any, to reshaping foreign policy in the wake of its election.

It should be noted that NZ foreign policy has been relatively consistent over the last 20 years regardless of which party coalition was in government. Dating to the break up of the ANZUS defense alliance on the heels of its non-nuclear declaration in 1985,  NZ has championed an “independent and autonomous” foreign policy line that, if not completely integrating it into the non-aligned movement that rose during the Cold War, granted it some latitude in how it approached its diplomatic relations and international commitments. Foremost amongst these was support for multilateral approaches to international conflict resolution, concern with ethics, rules and norms governing international behaviour, advocacy of small state interests and a self-assigned reputation as an “honest broker” in international affairs. Issues of trade, diplomacy and security were uncoupled once the Cold War ended, something that allowed NZ to navigate the diplomatic seas without the constraints imposed by binding alliance ties to larger partners.

From the mid-90s there has been a trade-centric core to NZ foreign policy, to the point that promoting “free” trade and negotiating trade deals, be they bi- or multilateral in nature, is seen to have overshadowed traditional diplomatic and security concerns such as nuclear non-proliferation, environmental protection and human rights promotion. This “trade-for-trade’s sake” approach was initiated by the Shipley government but deepened under both the 5th Labour government as well as the National-led governments headed by John Key. After 9/11 it was paralleled by a reinforcement of security ties with traditional allies such as Australia, the US and the UK, in spite of the fact that the move towards expanding trade relationships in Asia and the Middle East ran against New Zealand’s traditional advocacy of a principled foreign policy that defended human rights as well as the thrust of the geopolitics perspectives of security allies (which view NZ trade partners such as China and Iran as adversaries rather than partners).

Although both Labour and National continued to voice the “independent and autonomous” foreign policy line during the 2000s, what actually took place was the development of two separate tracks where NZ pushed trade relations without regard to security commitments and human rights, on the one hand, and on the other hand deepened its involvement in US-led security networks without regard to broader diplomatic concerns. This was formalised with the signing of the bi-lateral Wellington and Washington Declarations in 2010 and 2012. For NZ diplomats, the parallel track approach was a matter of keeping eggs in different baskets even if it violated the long-standing principle of security partners trading preferentially with each other. That is not a problem so long as NZ trading partners are not seen as hostile to or competitors of the US and its main allies. Yet NZ chose to expand its trade ties with China with the signing of a bilateral Free Trade Agreement (FTA) in 2008, something that has not only increased its trade dependency on China in the years that followed (China is now NZ’s second largest export market and third largest import market), but also put it in the unenviable position of trying to remain balanced in the face of increased US-China competition in the Western Pacific Rim. Similarly, NZ-Iranian trade ties, and the nascent talks about NZ-Russian bilateral trade, both run the risk of negatively counterpoising NZ’s economic and security interests in each case.

Following Labour’s lead, the National government doubled its efforts to reinforce its ties to the US-led security network while pushing for trade agreements regardless of domestic opposition to both. It committed troops to the battle against Daesh in Iraq and Syria and continued to maintain presence in Afghanistan after its formal commitment to the ISAF mission ended in 2013. It revamped and upgraded its commitment to the 5 Eyes signals intelligence collection partnership that includes the US, UK  Australia and Canada. It loudly advocated for the TransPacific Partnership Agreement (TPPA) even though the 12 country pact was largely seen as favouring US economic interests and serving as the economic component of a US containment strategy towards China in the Western Pacific.

Now it is the Labour-led coalition headed by Jacinda Ardern that holds the reins. What can we expect from it when it comes to foreign policy? Continuity when it comes to the “two-track” approach? A deepening of one track and softening of the other? An attempt to bring a third track–what might be called a humanitarian line that re-emphasises human rights, environmental protection and non-proliferation, among other rules-based policy areas–into the mix?

From what is seen in its foreign policy manifesto, Labour appears to want to have things a bit of both ways: overall continuity and commitment to an “independent” foreign policy but one in which ethical concerns are layered into trade policy and in which international security engagement is framed by UN mandates and multilateral resolutions (as well as a turn away from military combat roles and a re-emphasis on peace-keeping operations). A commitment to renewed diplomatic endeavour, particularly in international fora and within the South Pacific region, is also pledged, but the overall thrust of its foreign policy objectives remain generalised and rhetorical rather than dialed in on specifics.

A few months into its tenure, the new government has done nothing significant with regards to foreign policy. Jacinda Arden made some noises about resettling the the Manus detainees in NZ during her first official trip abroad, only to be rebuked  by Australian PM Malcolm Turnbull and her own Opposition. She also made  ill-advised comments about who Donald Trump may or may not thought she was, leading to skepticism as to the veracity of her story. NZ First leader Winston Peters was named foreign minister more as a matter of style (and reward) rather than in recognition of his substance when it comes to foreign affairs. Likewise, Ron Mark got the nod to be Defense Minister in what appears to be a sop thrown to an old soldier who enjoys military ceremonies but cannot get his medals rack sorted correctly. Andrew Little was apparently made Minister responsible for Intelligence and Security because he is a lawyer and a reputed tough guy who as Opposition Leader once sat on the Parliamentary Select Committee on Intelligence and Security, rather than because he has any particular experience in that field, especially with regard to its international aspects. The Greens, in the past so vociferous in their defense of human rights, pacifism, non-interventionism and anti-imperialism, have gone silent.

As for the Labour Party foreign policy experts, whoever and how many there may be (if any), the question is how do they see the world. Do they use (neo) realist, idealist, constructivist or some hybrid framework with which to frame their perspective and that of their government? Do they use international systems theory to address issue linkage in foreign policy and to join the dots amongst broader economic, social, military and political trends in world affairs as well the nature of the global community itself?  Are they aware of the Melian Dilemma (in which small states are often forced to choose alliance between competing Great Powers)? iven the predominance of trade in NZ foreign policy, how do they balance notions of comparative and competitive advantage when envisioning NZ’s preferred negotiating stance? If not those mentioned, what conceptual and theoretical apparatuses do they employ? On a practical level, how do their views match up with those of the foreign affairs bureaucracy and career diplomatic corps, and what is their relationship with the latter?

Issues such as the ongoing NZDF deployments in Iraq (and likely Syria, if the NZSAS are involved) have not (yet) been reviewed in spite of early campaign promises to do so. Nor, for that matter, has Labour taken a detailed critical eye to the stalled TPPA negotiations now that the US has abandoned them, or re-examined its diplomatic approaches towards the Syrian, Ukrainian and Yemeni civil wars, South China Sea conflicts, the North Korean nuclear weapons program, post-Brexit economic relations, maritime conservation regimes and a host of other important and oft-contentious topics.

Judging from the manifesto it is hard to discern a coherent intellectual underpinning to how Labour policy makers approach international relations. It is also difficult to know how the new government’s foreign policy elite relate to the careerists charged with maintaining NZ’s international relations. So far, there is no identifiably Labour approach to foreign affairs and policy carry-over from previous governments is the norm.

That may not hold for long. The election of Donald Trump to the US presidency has changed the global environment in which NZ foreign policy is formulated and practiced because if anything, he has rejected some of the foundational principles of the NZ approach (support for the UN and multilateralism) with his “America First” philosophy and has increased global tensions with his belligerent posturing vis a vis adversaries and his bullying of allies. That combination of provocation, brinkmanship and alienation of allies brings with it high risks but also a diplomatic conundrum for NZ. Given that NZ maintains good relations with some of US adversaries as well as allies, yet is intimately tied to the US in uniquely significant ways, its ability to maintain the dichotomous  approach to an independent foreign policy may now be in jeopardy.

After all, the US now demands open expressions of “loyalty” from its allies, for example, in the form of demands that security partners spend a minimum of two percent of GDP on defense (NZ spends 1.1 percent), and that trade partners give acknowledged preference to US economic interests when signing “deals” with it. In that light, and with Trump increasingly looking like he wants open conflict with one or more perceived rivals (and is on a clear collision course with China with regards to strategic preeminence in the Western Pacific), the “two-track” NZ foreign policy may now be more akin to trying to straddle a barbed wire fence while balancing on ice blocks rather than a matter of saving diplomatic eggs.

In light of this, it is time for the Labour government to stand up and be heard about where they propose to steer NZ in the international arena during what are clearly very fluid and uncertain times.

A matter of insubordination and contempt.

datePosted on 14:00, December 22nd, 2017 by Pablo

In her latest annual report, Inspector General of Intelligence and Security (IGIS) Cheryl Gwyn detailed that the NZSIS unlawfully collected Customs data on thousands of travellers from 1997-2016. This bulk collection was not done under warrant and was instead done on industrial scale: anyone who passed through New Zealand ports of entry during this time period can assume that their personal data was “harvested” by the New Zealand Security Intelligence Service (NZSIS) for its own purposes. Current NZSIS Director Rebecca Kitteridge defended the practice as a necessary part of fighting terrorism (which presumes that SIS concern with terrorism started in 1997 if her claim is correct) and maintains that legal advice at the time made the SIS believe that the practice of bulk collection was lawful. Think about that–warrantless indiscriminate collection of the personal information about thousands of people was deemed, if we are to believe the Director, lawful by the best in-house legal minds within the NZSIS. This happened even though the NZSIS Act was revised several times during the time in which the unlawful bulk collection occurred, so it is clear that when it came to warrantless access of traveler’s personal information, be they citizens, visitors, immigrants or officials, the senior staff in the agency thought that it was fair game–or at least thought that they could get away with it. One gets the impression that this is the same legal team that thought it was lawful for the GCSB to spy on Kim Dotcom after he gained permanent residency–a practice clearly prohibited in the GCSB Act in force at the time of the illegal wire-tapping. Perhaps it is time for these legal geniuses to step down.

IGIS Gwyn also noted that the NZSIS refused to cooperate, impeded and/or raised obstacles to her search for primary documents related to the unlawful monitoring of travellers as well as on other issues. Let’s be clear on this: New Zealand’s primary human intelligence agency deliberately impeded the work of the main oversight officer to which it is responsible. This, in spite of legal requirements to do so. The answer to this contempt for their statutory obligations may rest in the fact that under the current SIS Act the maximum penalty levied on the NZSIS for unlawful acts (of which obstruction is one) is NZ$5000–payable by the agency, not the individuals who authorised the unlawful acts or who refused to cooperate with the IG’s requests.

Although I find it very hard to believe, let us assume that SIS managers who authorised the mass tapping of Customs data were doing so in good faith while under the impression that the practice was lawful. If that is the case, they should be reprimanded and counselled on their statutory obligations. But those who obstructed or impeded the IGIS’s work need to be fired. In fact, if they are not, then Director Kitteridge needs to either resign or herself be dismissed. That task falls to Andrew Little, the Minister responsible for Intelligence and Security. Yet, although he has made some noises to the effect that he expects the agency to comply with IGIS requests, he has made no moves to punish those responsible for this blatant disregard for and defiance of the intelligence oversight process.

It is now abundantly clear that even though the IGIS is better funded and staffed and has better powers of proactive as well as post facto investigative authority (ostensibly including the powers of legal compulsion) than her predecessors, her office remains effectively marginal, if not subordinate to the bureaucratic logics internal to the agencies she oversees. These logics are founded on a deliberate opaqueness when it comes to transparency and statutory compliance and a deeply ingrained disregard for external advice, scrutiny or oversight. The old boys club will do as it sees fit to do regardless of the arrows slung by nosy outsiders. They are the gatekeepers and guardians of the secrets, and it is they who decide what is proper and what is not when it comes to legality and oversight adherence. Perhaps in this particular case the SIS managers do not like Ms. Gwyn or her somewhat unconventional career path on the way to becoming IGIS, but even if that is true their personal feelings have no place impeding the effective discharge of her duties.

The problem of ineffectual oversight of the NZ intelligence community (NZIC) highlighted by the IGIS’s frustrations with SIS obstructionism is rooted in a bureaucratic culture of impunity within the SIS and GCSB and in the lack of strong parliamentary oversight. The Select Committee on Intelligence and Security (SCIS) remains a highly partisan paper tiger devoid of real compulsion or enforcement authority. For their part ministers responsible for intelligence and security such as Andrew Little are all to often reluctant to confront spies about their excesses, when not prone to “bureaucratic capture” by them (a situation where an ostensible overseer becomes captivated by the logics and rationales of  subordinates with specialised expertise in a given policy field, leading to a lack of critical appraisal and independent review of actions taken in that field). Some of this may be due to the history of politicization that surrounds the SIS, which often appears to serve the government of the day rather than the common interest (in which case Mr. Little’s soft response has a politically opportunistic basis). But most of the oversight failures when it comes to the NZIC is grounded in the lack of effective and enforceable legal authority granted to the IGIS and the SCIS.

The only answer to this culture of insubordination and contempt within the NZIC, in this case specifically the SIS, is to hold individuals legally accountable for their actions. For example, rather than levy paltry fines on the SIS for its unlawful activities, the fines should be increased 20 fold and levied against the individuals who either knowingly ordered the illegal project(s) and/or who deliberately obstructed, concealed, tampered with or otherwise impeded the IGIS investigation into their activities. Likewise, the SCIS needs to become a dedicated organ of Parliament with its own professional staff and dedicated funding so that it can be come an independent research and investigatory arm answerable but not subordinate to the government of the day. The political appointments at the top could remain as stands (five members, the PM and two members nominated by him/her plus the Leader of the Opposition and his/her one nominee). Or it could be revised to include leaders of parties who reach a significant electoral threshold (say, ten percent of the popular vote). Either way, the SCIS should be provided powers of compulsion under oath, arrest and other means of legal enforcement of its oversight mandate so that the NZIC understands that it answers to the people of Aotearoa via elected officials as well as the IGIS, not the other way around.

The new Labour government has a golden opportunity to promote effective reform of the NZIC armed with the justification provided by Gwyn’s report on the SIS. Much like rot, there is a culture of contempt as well as impunity amongst at least some senior staffers in the NZIC that needs to be extirpated and replaced by those who understand that in a democracy it is not the spies who determine what is lawful and what is not (or for that matter, what is secret and what is not), but instead it is the specialized oversight agencies entrusted by the people and grounded in law (such as when it comes to definitions of national security threats) who do so. But for that to be the case, the oversight agencies and mechanisms need teeth, and it is exactly that which continues to be missing from the current oversight scheme.

A walking Tui ad?

datePosted on 06:57, October 20th, 2017 by Pablo

The election turned out OK as far as I am concerned. My decision to support Labour after years of supporting the Greens seems to have paid off as they are now leading the new government. The Greens were punished for their shift from red to blue at their core and for bringing in neophytes onto their list, but not too much (although I still have serious reservations about their ideological direction and one of their new MPs). Save for ACT the various useless parties disappeared. And the Nats got what they deserved, which was the boot, even if it took that old dog Winston to apply his toe to their posteriors. As for NZ First, time will only tell if they are the fly in the ointment or the straw that stirs the drink.

When it comes to how the new government will be organized, I am very curious to see who will be appointed Minister of Defense. Ron Mark is a likely candidate, and I have no problem with him in that role in spite of his otherwise reactionary views (apologies if the list of Ministers is out and someone else is the new MoD). With the exception of Phil Goff he will be the most informed person to assume that portfolio in the last 18 years, which is good because the NZDF have some major decisions to make when it comes to upgrading and configuring the force.  There are issues of equipment purchases, recruitment and retention, foreign alliance commitments and the overall thrust of NZDF operations that need immediate addressing. He has been critical of the lack of strategic vision on the part of NZDF and MoD leaders, so my hope is that he will push for an overhaul in the strategic thinking underpinning NZDF operations that goes beyond the periodic exercises known as Defense White Papers. And he will have to address the problem of drug abuse within the NZDF, which has been kept largely under wraps but which is large enough to run the real risk of jeopardizing operational security and/or getting someone killed.

However, when it comes to intelligence matters and the general subject of security, I have concerns about the ability of the new government to impose its will on the intelligence community and Police as well as avoid so-called “bureaucratic capture:” the situation where the lack of experience in a subject field by new overseers or managers allows career bureaucrats to shape the former’s views of the subject in ways that serve the entrenched interests of the latter. I do not see anyone in the top tiers of Labour, the Greens or NZFirst who display particular fluency in matters of intelligence and security, and when it comes to direct political oversight of the NZ intelligence community, the lack of expertise is dire.

Or let me put it in this way:

As part of the series of radio interviews I do with Mitch Harris on RadioLive on Wed nights, this week we decided to be a bit more free ranging than usual (since the normal focus of the radio version of the “Letters from America” series tends to concentrate on matters of US politics and society).  The issue of Chinese influence in NZ is getting a fair bit of attention as of late, and the pipe rupture causing shortages in aviation fuel and petrol supplies provides a basis for pondering the down side of N8 wire culture. And then there is Hillary blaming Bernie Sanders and the Russians for her loss last year while taking no responsibility for it, and Drumpf ranting incoherently at his first UN General Assembly speech. There was plenty to talk about. You can find the interview here.

Is he a spy?

datePosted on 07:48, September 14th, 2017 by Pablo

There is a fellow in NZ who once lectured at an elite foreign military school that trained military and civilian intelligence agents. His position required him to meet certain protocols and standards in order to receive a high level security clearance. In return for receiving that clearance and his lecturing on topics of interest to the intelligence community, he was privy to classified subjects and materials as well as being allowed to interact with the agencies from which his students originated.

His students learned foreign languages as part of their studies, combining that with training in the practical and operational skill sets required of them once they graduated and entered the field.

After leaving the military education institution, the fellow in question went on to work closely with the intelligence community in his country of origin, eventually taking a fairly senior position within the defense and intelligence establishment and continuing to consult with it even after his departure from active government service.

Some time after, he moved abroad and found his way to NZ, where he was hired as a lecturer in politics at the University of Auckland and settled into his adopted country by buying property and engaging in community servcie. He became fairly well known in political circles, wrote academic titles on NZ and comparative foreign policy and engaged with government on topics of common interest.

The question is: is this guy a spy given his past? Could he have come to NZ as an undercover “mole” ready to be sprung into service by his foreign masters after lying dormant for some time?

I ask because another former University of Auckland lecturer now in public service as a parliamentarian has found himself under some scrutiny after it was revealed that he also had lectured to intelligence agents at military educational institutions in his country of birth. It seems that there are questions as to whether he left that life behind him when he came to NZ even though his academic and community life in NZ broadly resemble that of the first individual mentioned above. But now the political knives are pointing at him.

It seems to me that the question about whether either individual is a spy reduces to two things. What were the cirumstances surrounding their emigration from their countries of origin, and what sort of security vetting was done on them before they took up residency and later, when one decided to enter public life?

In both cases security background checks would have been done as part of their visa appllication process. In both cases the University of Auckland would have presumably checked their academic credentials (which is an issue because the second fellow apparently fudged his academic credentials on his citizen application form, which makes one wonder if due dilligence was done on him by the UA prior to it recommending him, as an employment sponsor, to immigration authorities). For the individual who entered public service, more extensive vetting conducted by the SIS or an agency contracted by it would have examined the case a bit more in depth.

Based on what I know of the second case so far, the individual in question is no more a spy than the first guy is, and the first guy is clearly not. The problem for the second guy is that he comes from a country ruled by an authoritarian regime with neo-imperialist ambitions that is known to use its diaspora as a human intelligence collection network, where emigrants take out citizenship and settle into target countries but continue to report back to intelliigence authorities in their homelands. For his part, the first guy was more involved in his home country’s intelligence community prior to his arrival in NZ than the second guy apparently was (as far as has been reported), and the first guy’s home country has an extensive record of imperialism, including covert intelligence collection in NZ and elsewhere in the South Pacific that historically dwarfs that of the second guy’s motherland. Unfortunately for the second guy, his country of origin is not a NZ intelligence partner like the country the first guy came from, and in fact is a major counter-intelligence target for NZ security agencies.

So the question remains: can either or both of these guys be legtimately called a “spy” based on their backgrounds prior to arrival in NZ?

I ask because I am the first guy and I do not like being misidentified without cause (as I have been from time to time). It is unfortunate that my former colleague now stands accused (even if by insinuation) of something that he might not be based on assumptions about what he used to be. For his sake as well as that of NZ security, it is appropriate and necessary for the SIS or other NZ security agencies (not the government of which he is an MP) to issue a clarification on the matter now that the question has been raised in  public and there is a cloud over his career and reputation.

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