Media Link: The March 15 aftermath.

datePosted on 17:03, June 7th, 2019 by Pablo

I was interviewed as part of an Al Jazeera documentary on the aftermath of the March 15 terrorist attacks in Christchurch. The program is well worth watching because it addresses subjects that most of the NZ media do not want to wrestle with.

You can find it here.

Hamstrung from the start?

datePosted on 09:47, May 30th, 2019 by Pablo

The Royal Commission of Inquiry into the Christchurch terrorist attacks has begun its work. This represents an extraordinary moment in which to examine the mechanics of the event, i.e., how it was planned and prepared, who may have been involved beyond the perpetrator, the timeline that led him to the Masjid Al Noor and Linwood Islamic Centre on that fateful afternoon on the Ides of March, and who dropped the ball when it came to preventing the attacks.

The inquiry represents an opportunity to uncover the systemic, institutional and individual errors that together combined to produce a catastrophic intelligence failure on the part of New Zealand’s security authorities—not just the Police but the dedicated agencies that together make up the larger New Zealand domestic security community. These include the SIS and GCSB as lead intelligence agencies but also intelligence “shops” in places like Customs and Immigration, all of whom failed to see or ignored warning signs in the accused’s movements in and out of the country during the last five years and who may have been organizationally blind to or dismissive of the threat that he represented to New Zealand society.

The inquiry is needed because the Christchurch terrorist attacks represent the worst act of ideologically-motivated non-state violence in New Zealand’s history. March 15 was not a normal day in Aotearoa and it should not serve as a baseline for a “new normal” in the country. A fully transparent and in-depth investigation into the acts of commission and omission that contributed to its terrible success should be of utmost priority.

The two commissioners, Sir William Young and Jacqui Caine, a former High Court Justice and diplomat, respectively, have seven months in which to conduct the investigation and return their findings. These will include the details of what they uncover as well as recommendations for remedies and future action. Their terms of reference include provisions for consultation with the NZ Muslim community and others who have a civil society stakeholder’s interest in the inquiry. The scope of the inquiry is broad, and includes examination of all potential contributors to the chain of events leading up to March 15.

However, there are causes for concern that suggest that the Commission’s work might be hamstrung from the beginning

First, there is the short time frame. Seven months is an inadequate period in which to conduct a thorough investigation into all of the contributing factors. That is complicated by the accused terrorist’s trial being held concurrently with the inquiry, with the Crown’s case overlapping with and mirroring the work of the Commission. Rather than separating the inquiry’s two investigative streams—one focused on the killer’s actions prior to the attacks using evidence from the trial and the other focused on broader factors that contributed to the successful execution of the attack—the inquiry will have to do both simultaneously while the trial runs in parallel (and perhaps beyond the December 10 deadline for the Commission to present its report). Assuming that the Commission will not be sharing evidence with the Crown while the trial is underway, this could limit the scope of the its work.

The second concern is the lack of intelligence-related experience and limited powers of the Commissioners in a context of official secrecy. Although well-respected in their fields, neither Sir William or Ms. Caine have experience with intelligence collection and analysis. They undoubtably have been consumers or evaluators of intelligence reporting in past roles and they certainly are able to keep secrets. But that may not be enough to resist push-back or “bureaucratic capture” by the agencies they are charged with investigating. This is facilitated by the Terms of Reference and its Minute One (“Procedures for gathering Information and Evidence”), which outline why most of the Commission’s work will be done in private on national security grounds. This is permitted by Section 15 of the Inquiries Act 2013 and justified by Clause 10(3) of the Terms of Reference and Section 202 of the Intelligence and Security Act 2017.

The agencies that have been granted secrecy include the SIS, GCSB, Police, Customs, MBIE, DPMC, Justice, MFAT and the Inspector General of Intelligence and Security. No foreign derived information will be revealed in public. A blanket ban has been placed on identification of employees of these agencies whose names turn up in the investigation. In practice, that means that there will be no public accountability for those who may have contributed to the attacks via incompetence, bias or myopia. More broadly, the move to secrecy means that whatever skeletons are uncovered will remain buried away from public view.

The Commissioners do not have powers of compulsion or the ability to veto an agency’s decision to withhold classified materials. That leaves them at the mercy of those they are investigating when it it comes to access to sensitive data, even if what is “sensitive” about the data is not related to national security but to the reputations and orientation of individuals and institutions.

This is not unusual: security agencies under the spotlight often resort to a “get out of jail” card in the form of claiming that open discussion of their actions will compromise sources and methods that are vital for ensuring national security. But the truth that needs to be uncovered in this instance does not involve national security secrets but the derelictions, biases or pressures that might have contributed to the failure to detect and prevent the attacks.

Efforts to limit the openness of the inquiry and the accountability of those that are its subjects must be resisted. The Commissioners need to have powers to compel documents, data and answers from those in positions of authority within the NZ security community and they need help from experienced intelligence overseers when doing so. The Inspector General of Intelligence and Security is one such person, assuming that there would be no conflict of interest involved (since the IGIS has no operational role and hence would not have been part of the command chain that failed to detect and prevent the attacks). A panel of experts with the IGIS, an IGIS representative, or another retired official as chair would be a good compromise option between utter secrecy and full transparency.

A third source of concern lies in the staffing and budget allocated to the inquiry. At $8.2 million the allocated budget is adequate only if it goes towards the investigatory aspects of the inquiry and not public relations or administrative expenses. The Department of Internal Affairs is the host agency of the Commission, so it will be its staff that does most of the logistical footwork underpinning its work. Here again the question of expertise and powers afforded investigators remains an open question.

Another potential problem is the nature of the Commission’s victim outreach program, called the Muslim Community Reference Group. Divisions have emerged over who and how many people should be included in this advisory body. Concerns have risen that self-proclaimed community “leaders” are being shoulder tapped for official interlocutor roles without proper consultation with their purported constituents. This may be due to expediency given the time constraints operative, but it also follows a historically “thin” approach to stakeholder consultation by the NZ State, where what passes for outreach has traditionally been more symbolic than substantive.

Either way, the process of establishing the Reference Group augers poorly for the representative transparency or inclusiveness of the process, something that is acknowledged in the Commission’s Minute One. Plus, the relationship between the Reference Group and the investigation streams is unclear at best but, given the veil of secrecy wrapped around the inquiry, is likely to be little to none.

Finally, the scope of external input into the inquiry, while theoretically extensive, appears destined to be limited in nature. Few invitations have been issued to civil society stakeholders to testify before the Commission, no public meetings have been scheduled and no written submissions solicited (although all have been promised). Along with the mantle of secrecy, this will limit the amount of public review and consultation. That skews the investigation in favour of those under scrutiny.

In effect, on paper the terms of reference for the Commission look thorough and broad. In reality, its work could well be stunted at birth. With limited experience and powers on the part of the Commissioners, a lack of pertinent expertise to help them, unrepresentative liaison with the victims, limited budget and staff and statutory permission for the agencies under investigation to restrict public knowledge of their actions, both the transparency of the inquiry and its ability to identify sources of accountability are compromised.

It is therefore incumbent upon the Commissioners to broaden stakeholder participation in the inquiry, strengthen the Commission’s powers of compulsion, and extend the deadline for submission of its report. It is within their powers to do so even if a court challenge to secrecy clauses in the Inquiries and Security and Intelligence Acts is required. The question is, will they? At the moment that prospect looks unlikely.

UPDATE (June 14): The killer has just plead not guilty to 51 counts and denies being the Christchurch terrorist. His trial date is set for May 4 next year and scheduled to last 6-12 weeks. The nearly year-long delay in bringing him to trial means that the Royal Commission will have done its work and issued its report six months prior to the trial. What that means for the execution of justice and the content of the Commission’s report is unclear but at a minimum it removes court testimony under oath from the inquiry. Given what I have outlined above with regards to secrecy and the inability of the Commissioners to compel testimony under oath or the surrendering of classified material, the lack of access to court testimony and evidence weakens the inquiry even further.

The misogyny of the alt-Right.

datePosted on 12:37, May 22nd, 2019 by Pablo

Comments about Green MP Golriz Ghahraman by ACT MP David Seymour on a reactionary radio talk show, and the threats that followed and which the Police deemed serious enough to merit a security detail for her, got me to thinking about how grotesquely disturbed the Right is in its present form. Seymour, supposedly a Libertarian, calls Ghahraman an “menace to freedom” because she wants to tighten legislation on hate speech (which, unlike protected offensive speech involves the incitement to or support for violence against others). His smear is a deliberate incitement to the alt-Right extreme and an implicit call for censorship, an irony lost on him.

The radio host that he was talking to, Sean Plunket, is a man with serious issues when it comes to women. His track record on gender matters is wretched, so Seymour’s comments gave him room to vent more generally on the subject using Ms. Ghahraman as a foil. What is disturbing is that, as readers may know, violent extremists are surrounded by enablers and accomplices, that is, those who simply look the other way when perpetrators plan and prepare for violence or those who in one form or another, passively or actively help perpetrators in the lead up to the commission of acts of violence.

In that conversation Plunket played the role of enabler while Seymour moved from enabler to accomplice because his dog whistle did in fact, provoke the alt-Right scum to crawl out from under their keyboards in order to heap vicious, often violently sexualised misogynist abuse on the Green MP. Seymour has denied being responsible for the threats made against her, which is akin to Donald Trump saying that he has nothing to do with Russia or the rise in attacks by white supremacists since he took office.

That got me to thinking about a core belief structure of the alt-Right and their white supremacist kin: misogyny. Now, I am no psychologist, psychiatrist or psychotherapist, but one thing is pretty clear: this crowd hates women.

In the case of people like Seymour, it seems that this hatred is born of unrequited lust. Ms. Ghahraman is attractive, smart, and self-assured to the point of being “stroppy” (or as a senior male professor once said to my wife when assessing her suitability for an academic career, “precocious”). But she would never be seen in the company, much less succumb to the courting, of the likes of David Seymour because he is simply a loser who has risen above his proper station in life, one who’s social interaction skills are on a par with the greesy-palmed and pimply 14 year olds that inhabit private schools and believe Ann Rand is “hot.” Boys like these like to bully girls who deep down inside they really, really like but from whom they cannot attract a sideways glance. That is why they get mean. For his part, Plunket projects the image of a guy who has been through a bad divorce or two and/or who has been turned down more than few times in spite of his relative fame and wealth. He is pissed off with women in general, and particularly the mouthy ones who disagree with him yet get to make decisions that affect us all.

We should remember that the misogynist streak pervades the alt-Right, here and elsewhere. It has led to the rise of the so-called “Incel” (involuntarily celibate) culture that has produced several murders of women by blue-balled freaks who think that all of their frustrations and disappointments in life are due to the fact that women will not recognise their genius and consent to having sex with them. Some do not even care about consent but still cannot get laid. This leads them to believe that women are the root of all evil and responsible for the decline of traditional culture, at least when”traditional” refers to a patriarchical white male hierarchy calling the shots over everyone else and enjoying the benefits of their status as Alpha males. These are the type of people to whom Seymour was whistling and for whom Plunket provides a space in which to be safe and comfortable in their views.

If one looks at the common denominators amongst the alt-Right, neo-Nazis, Klansmen, white nationalists and assorted other denizens of forums like 8Chan and 4Chan (which, incidentally, as of yesterday are still viewable in NZ and which continue to have long threads about the “accelerant” characteristics of the Christchurch killer’s actions), there is more than racism, bigotry and xenophobia at play. There is also an unmistakable hatred of women and loathing of what they supposedly represent. Terms like “pussy,” “cuck” (as in cuckold), “wench,” “slut,” “bitch” etc. compete for space with homophobic slurs in the alt-Right discourse. In fact, I am surprised that Seymour and Plunket were able to control their urges to indulge in a few sexist slurs of their own with regard to the Green MP.

It is not just the alt-Right/white extremist extremes that voice such views. Perusal of the comments pages of supposedly Right-Centre blogs regularly turns up variations on misogynist themes in spite of attempts at “moderation,” and Plunket is not the only prominent media commentator who gets to indulge, even if in “wink-wink, nudge-nudge” fashion, a few jabs at females in order to make a point about weakness versus strength (which almost inevitably such opinionating comes down to).

Of course, many if not most women in positions of authority are the subject of misogynist attacks. Equivocators for Seymour like Paula Bennett (now calling for the names of the Parliamentary rapists apparently mentioned in the report on Parliament’s toxic work environment) will try to draw false equivalences by saying that they too were the subject of sexualised attacks, conveniently forgetting that people like Bennett are attacked because of their hypocrisy and nasty policy positions more so than being female per se, and are not in need of security protection an any event. Fellows like Seymour and Plunket will claim that they have (had) plenty of female friends and partners so they cannot possibly be misogynists. This omits one basic thing: the attacks on Ms. Ghahraman are based on who/what she is more so than anything that she does, so regardless of the marital status or physiology of the critic, such attacks are gendered at their core. Even Judith Collins knows that much.

The real issue is that deep inside the abuse of Ms. Ghahraman lies male insecurity–that of sexual rejection and a loss of masculinity. People like Seymour hate women like Ghahraman because they cannot have her and never will, which they fear is a public sign of weakness on their part. This frustrates them immensely, and because they have neither the intellect, looks or social skills to attract such women, that frustration has no place to go other than onanistic rage. Beneath the smirks and the boy’s banter is a deep abiding fear of not measuring up.

That, more than any ideological difference, is what is at play here. So the next time that you hear or read attacks on Ms. Ghahraman and women like her, take a moment to reflect on why, exactly, critics take issue with them.

Launching into trouble?

datePosted on 14:03, May 7th, 2019 by Pablo

On May 5 the NZ-US joint venture company Rocket Lab successfully completed a night-time launch of its Electron booster carrying three US Air Force small satellites (smallsats) named Harbinger, SPARC-1 and Falcon ODE. The STP-27RD mission is part of the DoD Space test program run by the US Air Force Space Command’s Space and Missile Systems Center in collaboration with the Defence Innovation Unit as part of its Rapid Agile Launch Initiative (RALI). Funding for the launch came from Department of Defence (DoD) Other Transaction authority to award service contracts to non-traditional commercial small launch companies. The latter is interesting because it is not a line item category in the DoD budget but instead falls into the discretionary funds allocations category usually associated with the Defence Advanced Research Projects Agency (DARPA).

In its second commercial launch from Launch Complex 1 on the Mahia Peninsula, the booster safely deposited its 180 kilogram payload into an orbit 500 kilometres (310 miles) above earth at an inclination of 40 degrees to the equator. It is also the second launch with a military payload. Harbinger is a US Army sponsored commercial smallsat developed by York Space Systems that will perform tasks that demonstrate its ability to meet US Army Space capability requirements (however vague they may be defined in public, but which are technically specific in nature). The Falcon Orbital Debris Experiment (Falcon ODE), sponsored by the US Air Force Academy, evaluates ground based tracking of space objects. The Space Plug and Play Architecture Research CubeSat-1 (SPARC-1) is a joint Swedish-US experiment testing avionics miniaturisation, software defined radio systems and space situational awareness.

Rocket Lab is a commercial pioneer in Small Lift (SL)/Low Earth Orbit (LEO) booster technologies. Small lift refers to payloads under 500 kilograms and low earth orbit refers to orbits below 1,200 miles. Rocket Lab specialises in boosting payloads of less than 250 kilograms into orbits of 150-300 miles from earth. Smallsats are now broken down into mini-, micro-, nano-, pico- and femto-categories, increasingly in cubesat configurations (with the latter being 4x4x4.5 inch cube units that weigh less than 3 lbs. There are currently more than 900 cubesats deployed in LEOs). The majority of these satellites are used for telecommunications and geospatial mapping. The average cost for a Rocket Lab Electron booster launch is USD$5.7 million, which is very cheap by any comparison, and the company sees future cost reductions when monthly launch schedules give way to biweekly launches from Launch Complex 1 and dedicated facilities operated by NASA in Virginia.

Rocket Lab is touted as a NZ entrepreneurial success story. Indeed it is, although it is now a US based company headquartered in Huntington Beach, USA, with a NZ subsidiary based in Auckland and on the Mahia Peninsula. Most of the capital invested in Rocket Lab now comes from US based funds and companies. The Electron engines are built in Huntington Beach and the launch vehicle assembled in Auckland.

There can be no doubt that Rocket Lab is revolutionising the space industry. But the launch of foreign military satellites by a NZ based company from a launch site on sovereign NZ soil raises some important political, practical and legal questions.

With regard to legal matters, it is worth asking what legal framework is in place governing the use of NZ assets and soil for foreign military satellite launches. Foreign military deployments in NZ are governed by formal agreements, as are NZDF deployments on foreign lands in support of bi-lateral or multilateral missions. Exports of sensitive, dedicated or potential “dual use” (civilian and military) technologies by NZ companies require special export licenses and in some case prohibitions apply to said exports to specific countries. But what is the framework governing foreign military use of NZ-based launchers? As far as I know neither the NZDF or any other government agency have been part of a foreign military satellite launch in NZ, so there is no legal precedent for specifying the terms and conditions governing that activity, much less launches conducted by a NZ-based private firm on behalf of a foreign military partner.

That matters because launches of foreign military non-weaponised payloads, even if they involve signals and technical intelligence gathering technologies, are largely non-controversial and can be covered under the rubric of “scientific research” in any event. But without specific clauses in NZ law prohibiting the launch of foreign military weapons platforms from NZ soil and/or by NZ companies, the field is open for that to happen. With space weapons platforms undergoing the miniaturisation mania that has impacted all aspects of combat from drones to autonomous infantry fighting machines, it is only a matter of when, not if they will be deployed (if they have not been already. India and China have both recently tested satellite killing probes against LEO targets and Russia and USA have long had larger sized offensive hunter-killer satellites tracking each other’s military communications space platforms, even if these are little more than “dumb” bombs that are guided into the target in order to destroy it). So the scene is set for the eventual deployment of space weaponry from NZ territory.

The question is whether there is a legal basis to permit or prohibit foreign military satellites, especially weaponised satellites, being launched from NZ soil with NZ technologies. I am unsure if that is the case one way or another and have heard of no parliamentary or ministerial discussion of the matter. Amid all of the applause for Rocket Lab there has been no pause given to consider the implications of its partnership with a foreign military, albeit a friendly one. If readers know more than I do on the legal governance structure surrounding Rocket Lab’s partnership ventures with the US Defence Department or any other foreign military, please feel free to illuminate me in the comments.

At a political level, it must be asked whether the current government or its predecessor had much input into the decision to accept US military “sponsorship” of smallsat launches using Rocket Lab technologies and facilities in NZ. Was there NZDF and MoD input? Did DPMC and/or cabinet consider the longer-term geopolitical implications of the association, or was the discussion limited to the commercial opportunities presented by it? For a country that works hard to show a commitment to peace and independence in its foreign policy, would not linking US military interests and a NZ-founded company in a dual use venture that uses NZ territory for US power projection in space raise as many concerns as accolades?

There are practical implications to consider. Is Rocket Lab prepared to contract for payload launches with foreign military “sponsors” other than the US? Or have contractual impediments already been put in place to preclude that possibility, or at least preclude the likes of the Chinese, Russians, Iranians, North Koreans and/or others from participating in the opportunity? Is there anything in Rocket Lab’s contracts with the US or other foreign military partners that specifically prohibits weapons platform launches, no matter how small they may be? Absent a law covering that eventuality, it is left to the company to draw the line on who gets to fill the booster nose cones and what gets put in them. Is it fair to ask if Rocket Lab has put any type of restrictions on who it contracts with and what gets loaded onto its military-sponsored payload delivery systems?

If the contract to deliver military payloads is solely and exclusively with the US, then Rocket Lab has painted a target on Launch Complex 1 in the event that the US becomes embroiled in a large-scale conflict with a major power. Even if it allows nations other than the US to launch military payloads on Electron boosters, Rocket Lab has made the Mahia Peninsula a target whether or not weapons satellites are launched from there. After all, the main use of smallsats is for surveillance, tracking, mapping and telecommunications, all of which are essential for the successful prosecution of contemporary wars. So even if smallsats launched from the Mahia Peninsula do not carry weapons on them, the site becomes a potential target.

Put another way: Smallsats are difficult to target once deployed, so space warfare planners in countries that have the ability to do so and are antagonistic to Rocket Lab’s foreign military client/”sponsors” will aim to prevent their deployment from the Mahia Peninsula. That means that they have likely added Launch Complex 1 to their potential target “packages” in the event that great power hostilities break out on Earth or in space. As it turns out, the low cost and quick launch capabilities offered by the Electron booster also make it a great choice for rapidly replacing military satellites of all kinds when lost to hostile action, so prudent military planners will ensure that Rocket Lab’s vehicles do not get off the ground should push come to shove. And given that NZ air space and launch sites are less defended than similar territory in larger countries, the relative ease of launching pre-emptive or follow up strikes on Launch Complex 1 encourages its targeting by adversaries of Rocket Lab’s foreign military partners.

That means, of course, that NZ could be drawn into a land/space war in which it is not a principle but where its soil and facilities is used by one or another party to the hostilities. So the bottom line is this: does NZ have any control over or even say in who and what Rocket Labs gets to work with? Is there any contingency plan in place for the possibility that association with a foreign military in commercial space ventures could lead to the uninvited and untoward intervention of another foreign military power on NZ soil?

Beware the false narrative.

datePosted on 11:19, April 25th, 2019 by Pablo

ISIS and a junior defense minister in the Sri Lankan government have claimed that the terrorist attacks on churches and hotels in the island nation were a response to the white supremacist attack on mosques in Christchurch on March 15. The claims need to be treated with skepticism. Here’s why.

Having been defeated on the battlefields of the Levant, ISIS now urges its followers to return to decentralized terrorist attacks as a form of irregular warfare. It wishes to show continued strength by claiming that it can orchestrate attacks world-wide and that no country can escape its reach. The Easter Sunday terrorist bombings in Sri Lanka fit that narrative.

The truth is otherwise. The Sri Lankan attacks may have taken inspiration, and perhaps even logistical support from ISIS but planning and preparation began well before March 15. It is true that ISIS called for retaliatory attacks after the Christchurch attacks, and it could well be possible that March 15 was a precipitant event for the Sri Lankan bombings. But there was and is a larger and yet more local picture in play.

The Easter Sunday bombings occurred against a backdrop of rising violence against both Muslims and Christians in Sri Lanka by Buddhist militants, something that has accentuated in the last year and is the underlying motive for the attacks. These were not random or foreign in origin, but represent a violent response by one oppressed minority using terrorism against another minority and tourists in order to make a sharp point to the constitutionally empowered majority that it sees as increasingly oppressive in nature (70 percent of Sri Lankans practice Buddhism, which is the official religion of the country and which has constitutionally protected privileges). Christians were the targets because they were left unprotected by an indifferent or incompetent government, while tourists were attacked because the country depends on them for hard currency revenues. Neither targeted group were the real subject of the attacks, nor was the objective of the attacks strictly about them.

Operationally speaking, the effort to engage in coordinated, simultaneous attacks against multiple soft targets using significant quantities of explosives and involving at least 7 suicide bombers requires months of target surveillance, stockpiling and concealment of bomb-making ingredients, manufacture of human-portable bombs, coordination and communication between perpetrators and accomplices and logistical support in at least three cities, all under the veil of secrecy. Whether or not Christchurch served as a precipitant or ISIS called for revenge attacks in its wake, the making of the Easter Sunday plot was long in the works well before the white supremacist gunman walked into the Masjid al Noor.

Simply put, the Easter Sunday bombings simply could not have been put together in the month after the Christchurch attacks. Moreover, the Sri Lankan security services were warned several times before March 15 that Muslim extremists were preparing to launch attacks, followed by specific information two weeks ago that Catholic churches were being targeted on Easter. The complexity of the attacks and the repeated warnings of them strongly suggests that ISIS’s claims are opportunistic rather than truthful.

Likewise, the uncorroborated claim by a Sri Lankan junior minister that Christchurch was the reason for the Easter Sunday atrocities appears to be reckless attempt to deflect attention away from the gross negligence that led to the intelligence “failure” that facilitated them. In an atmosphere of rising ethnic and religious tensions, the Sri Lankan government received repeated and specific warnings about the impending attacks and yet did nothing. It did not increase security around churches and hotels and did not seek to preemptively arrest suspects on various extremist watch lists. Instead, rendered by partisan infighting and weighed down by incompetence, the security forces cast a negligent eye on what was going to happen. That may be because the attacks can serve as an excuse to crack down on the Muslim community, something Buddhist hard-liners have been seeking for some time. Whatever the reason, it was not an intelligence “failure” that facilitated the attacks. The security services knew, or at least were warned about what was going to happen. They either could not or chose not to act.

In truth, ISIS and some Sri Lankan government interests converged in making Christchurch part of the narrative. Falsely claiming that the Easter Sunday attacks were revenge for Christchurch makes it seem as if they are part of a larger struggle in which Sri Lanka is a pawn. The reality is more simple: the attacks were a local Islamist response to increased ethno-religious conflict in Sri Lanka in recent years, which itself is part of a larger struggle within South Asia between Buddhists, Hindus and Muslims as their lines of division continue to harden.

Therein lies the danger of the false narrative embedded in the ISIS and minister’s claims about Christchurch. They feed into the “clash of civilizations” argument put forward by ideological extremists that the world is in the midst of an cultural and religious conflict in which only one side can win. Subscribing to this argument justifies so-called “tit for tat” responses, whereby an attack by one side leads to an attack by the other, creating a cycle of violence that is designed to spiral into an existential confrontation between antithetical “others.” Although the vast majority of religionists the world over are non-violent and tolerant of other beliefs, this is the apocalyptic vision that extremists want to propagate.

The antidote to this is to place responsibility where it belongs and to not buy into false opportunistic narratives about revenge-based existential conflict. Sometimes the blame for atrocities lies closer to home, both in terms of root causes and inadequate responses.

An earlier version of this essay appeared on the Radio New Zealand web site (rnz.co.nz) on April 25, 2019.

Submission on the government’s firearms law reforms

datePosted on 12:59, April 3rd, 2019 by Lew

What follows below the fold is my submission to the Parliament’s Finance & Expenditure Select Committee, which is currently considering the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Bill giving legislative effect to the government’s previously-announced gun control measures.

TLDR: I think the process is tolerable but not ideal; and I think the bill is good, but lacks technical clarity in some specific and rather abstruse regards.

L

Read the rest of this entry »

It’s been a while since I’ve posted here, but given the ongoing interest in gun control measures following Christchurch, here is a link to a column I wrote for RNZ on the many beneficial qualities and general sanity of the government’s initial Order in Council banning most semi-auto firearms on 21 March 2019.

I can’t add much to Pablo’s excellent analysis of the extremism and national security aspects of the case, but for my sins, gun stuff is something I can write about.

Shortly I’ll also post a copy of my submission on the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Bill currently before the house.

L

First a massacre, then the push back.

datePosted on 13:31, April 2nd, 2019 by Pablo

During the first hours and days after the terrorist attack in Christchurch, I tried to be optimistic about what could come out of the event. I saw it as a window of opportunity and teaching moment, a time to grieve, heal and reflect on what New Zealand is as a society. I thought that we could finally confront the elephant in the room: that underneath the veneer of tolerance and egalitarianism there is a dark underbelly in New Zealand. It is called racism.

For the first week it seemed that the opportunity was going to be seized. The government responded with empathy and compassion for the victims and with decisiveness when it came to banning certain types of military-style weapons and parts that can be used to modify hunting weapons into military-style ones. It is pondering how to give the killer a fair trial without turning it into a martyr-making propaganda circus. It is reviewing hate speech laws and has ordered a Royal Commission inquiry into how the attack happened and the intelligence failures that may have contributed to it. The majority of the nation followed its lead and demonstrated that most Kiwis are, in fact, decent people.

However, in the ensuing days the national conversation has been side-tracked. After a period of silence or contrition, rightwing outlets are back to their old enabling games. Outlets like the virulently Islamophobic Whale Oil and slightly more moderate blogs have enforced some degree of moderation when it comes to the language used by authors and commentators, but the hateful tone toward the “Other” remains the same when read between the lines. The rightwing rallying cry is defence of free speech, in which the ruse used is to deliberately conflate protected offensive speech with hate speech in order to demonstrate that “liberal” democratic values are under siege by overzealous Lefties using the tragedy and their control of the state apparatus to impose their will on dissenters. This risable argument is supported by some on the venerable Left who seem to be more concerned about defending the rights of nasty white people rather than consider the fact that it is those people who facilitated and enabled the nasty white guy’s mass murder of a bunch of brown folk whose sole crime was to exist (and who made a point when doing so by gunning them down when they were practicing their faith in their houses of worship).

Diversionary tactics aside, let us be clear. When it comes to free versus hate speech the issue is simple: any speech that incites, encourages, supports, applauds or otherwise instigates or excuses violence against individuals or communities because of who they are (as opposed to anything they have done, although even there the call to violence is debatable), has crossed the line from protected speech into hate speech. Offensive speech remains protected, but the urging of violence is not. The issue is not about causing offence; it is about causing harm.

The gun lobby also has decided that amnesia is the best part of public virtue so now moans and whines about “law-abiding” people losing their gun rights thanks to the government’s legislative reforms, conveniently forgetting that the killer was a law-abiding loser until the moment he stepped out of his car down the street from the Masjid al-Noor on Deans Avenue. Here too, the issue is simple (and I urge readers to look up my blog colleague Lew on Twitter to see his very reasoned explanations of the matters at stake). Tightening of licensing requirements and enforcement of laws governing purchase of semi-automatic weapons and removal of conversion kit and military-style weapons does not infringe on the privileges of the gun-owning majority (note that it is a privilege to own a gun, not a right no matter what the bloody NRA would have us believe). The law changes do not prevent anyone from using guns as tools to target shoot and kill critters. It just helps lower the human body count when a gun owner goes off the rails (do not get me started on the “but then only criminals will have such guns” argument because that is a matter for strict law enforcement, and law enforcement must have the will to, well, strictly enforce the law rather than play nice with gangs and assorted other bad guys).

Then there are the closet racists who have emerged into the light like the Hamilton city councillor and Immigration officer (?!), who besides ranting on Facebook (a prime vector for hate speech in spite of recent bans on white supremacists) about immigrant “scum” in Europe after the Paris terrorist attacks now says without a hint of irony that NZ needs to “move on” from the Christchurch event. He is joined by a-holes like Brian Tamaki, who claimed that the call to prayer on the day of national remembrance a week after the attack was proof the Sharia was being imposed on NZ. He appears to not be the only non-Pakeha religious leader (if you can call a fraudster con artist that) with this sentiment, as I have been told by informed community members that Islamophobia is very much a staple part of sermons in some Pasifika Christian churches.

Assorted talkback hosts and politicians are now in full “whataboutism?” mode, trying to equate the evils of Muslim extremists (and Islam itself) with those of other fanatics (while conveniently avoiding their ideological cause). This follows the denialism of such (perhaps as of yet closeted) politicians as Gerry Brownlee and Lianne Dalziel, who claim (Brownlee in very pointed remarks directed at me) that they were unaware of any white supremacists in Christchurch or anywhere else in NZ. Sensing an opportunity, people with ideological personal and agendas are in full throat, be it as purported experts on gangs and terrorism or pushing lines such as that the 1881 assault on Parihaka is a comparable atrocity (in which no one died).

Let’s not muddy the waters. Arguments about gun control and free speech and the historical grievances that are part of the national story are all diversions from the essence of post 3/15 New Zealand. The core subject is that of racism and the cesspit of bigotry in which it festers, from the enabling head-nodders to the inciting megaphones to the keyboard cowards to the actual perpetrators of physical and psychological (yes, they exist) hate crimes against people who supposedly are “different.”

This is not just a problem with a few skinheads. It is a problem for all. Some Pakeha hate Maori. Some Maori hate Chinese. Some Chinese hate Polynesians and some Polynesians hate Palangi. Some Maori and Pakeha hate Chinese and some Chinese reciprocate the feeling. Some hate Muslims and some hate Jews. Some hate Muslims, Jews and anyone who is brown, black or “yellow.” Some hate gays, lesbians and transgender people. Some hate red heads. Some hate the notion of equality when it usurps patriarchy or heteronormative values. Some hate is individual, some of it is institutional and some is systemic. Some hate involves relationships and asymmetries of power, but not always. Hate comes in multiple cross-cutting dimensions that serve as the foundation for ongoing bigotry and racism. In contemporary Aotearoa it may be a minority sentiment that is fractiously manifest rather than uniformly presented, but it is the wretched garden in which the bitter fruit of bigotry and racism are sown and reaped. And it is endemic in NZ.

THAT is what the national conversation should be about. That is what our children should be taught about. That is what the enablers, accomplices and purveyors of racism must be confronted with. This is no longer a time when we can look the other way, say “she’ll be right” and hope that the unpleasant stuff just goes away.

3/15 changed all that, and it is time to stand up and be counted. And being counted is not to just have academic panel discussions and government inquiries and commemorations. It is about confronting racism and bigotry wherever it rears its nasty head and however it is specifically manifest: on the streets, in buses, in shops, in schools, in sports clubs and volunteer organisations, in churches, in local politics, on-line, on talkback radio and in town halls and community fora–whenever the trolls rise there must be righteous people willing to call them out for what they are: ignorant fearful losers looking for scapegoats for their own failures in life.

It is hard to confront someone, especially if they are bigger or in groups. So strategies must be developed to help the average person perform this important civic duty. That means gaining the support of and involving the authorities so that complaints can be made and charges laid without undue risk to the good people calling out the antisocial misfits. Because if all we do is talk about what a bummer racism is and then go back to our own self-interested lives unwilling to actually walk the walk of daily anti-racist conviction, then we truly are a nation of sheep.

About that silly Mr. Bridges.

datePosted on 15:53, March 26th, 2019 by Pablo

In the wake of the Christchurch terrorist attacks, Simon Bridges wants to expand the powers available to the NZ security community when it comes to search and surveillance. He apparently believes that resurrecting “Project Speargun,” a 5 Eyes/GCSB 2013 effort to place a meta-data mining probe into the Southern Cross fiber optical cable connecting NZ to the world (via LA), would have prevented the attacks. He seems to not realize that Project Speargun was not fully abandoned but superseded by newer technologies, and that it would not have prevented the domestic terrorism attack in any event because it was foreign focused and used algorithms to reflect the concerns of NZ’s 5 Eyes partners (which were not focused on violent white supremacism).

He seems to think that the cyber-security program Cortex (designed to protect NZ firms and government agencies from hacking attacks) was somehow linked to Project Speargun (as some sort of inner-outer perimeter system). Yet the two are completely separate projects. As Leader of the Opposition Mr. Bridges sits on the Intelligence and Security Committee and gets regular briefs from the SIS and GCSB Directors, so the confusion and attempt to resurrect Project Speargun reflects a fundamental disconnect.

It also seems odd that a leader of a center-right party founded in part on classic liberal principles in defense of the right to privacy and the primacy of civil liberties would decide that there is political mileage to be gained by calling for more intrusive State powers at the expense of individual rights. Cynical opportunism, perhaps?

I was interviewed by RNZ about his comments. My observations are here.

After doing the interview and listening to Mr. Bridges remarks once again, it seems to me that he is a special piece of work. So I decided that the best thing I could do was honor him with a tweet from the consulting firm (which among other things does political leadership analysis). Here it is:

“When it comes to Simon Bridges calling for enhanced powers for NZ spy agencies, he is like a guy who says that he needs a telescope because his binoculars don’t work well enough, only to find out that the lens caps are still on the binoculars.”

Owning It (updated).

datePosted on 12:00, March 21st, 2019 by Pablo

Earlier versions of this essay were published by Radio New Zealand and Australian Outlook.

The terrorist attack on two Christchurch mosques, which resulted in the deaths of fifty people and injuries to dozens of others, is a watershed moment in New Zealand history. In the days, months and years ahead much soul-searching will be conducted about the social and political factors that contributed to the massacre. Here the focus is on two: the spread of hate speech via social media; and the intelligence failures that may have contributed to the event.

With the proliferation of social media platforms during the last decade there has been a steady increase in their use by extremist groups. Be it Wahabbist and Salafists calling for jihad, 9/11 conspiracy theorists or white supremacists, social media has given them global reach in a measure never seen before. This allows extremists in disparate parts of the world to instantly communicate and reinforce their views without having to be in physical contact. They can even plot acts of violence using encrypted platforms and the so-called “Dark Web.” This was the case with the Christchurch gunman, who went on extremist platforms in real time to announce his intentions shortly before he began his attack, then live streamed it on Facebook. As the massacre unfolded from the killer’s perspective (he was wearing a popular sporting camera on his chest), hundreds of people cheered him on (and later debated the merits of the action. See, e.g., here).

That is what is different today when compared to twenty years ago: the threat of decentralized, even autonomous extremist violence has increased commensurate with the emergence of social media outlets that allow them to disseminate their views.

This produces both an echo chamber and megaphone effect: not only do kindred spirits find common space to vent and practice their hate against the perceived “Other,” but more moderate, mainstream outlets begin to pick and emulate some of the language used in them. Language that was once socially unacceptable in most democratic societies has crept into mainstream social discourse, be it about immigrants, minorities, sexual minorities or indigenous groups. Hate speech is increasingly normalized under the mantle of free speech, where the hate-mongerers turn the tables on civil libertarians by claiming that their freedom of expression is being trampled by political correctness gone mad. That in turn has crept into the rhetoric of politics itself, where mainstream politicians and political commentators adopt some of the language and policy positions that once were only championed by a rabid yet marginalized political fringe. One only need to remember the anti-immigrant language of certain politicians and the mysogynist, homophobic and/or xenophobic rantings of assorted radio hosts and television personalities, to say nothing of the comments section of what used to be moderate political blogs, to see how the discursive trend has evolved in New Zealand.

The problem is almost exclusively a democratic one. Authoritarian regimes censor as a matter of course and control the flow of information in their societies, so what can be seen and heard is up to the regime. Unless authorized or condoned by the State, extremists are not given space to air their views in public.

Democratic societies uphold the right to free speech no matter how noxious it may be because it is exactly the unpopular views that need defending. But the principle of free speech never reckoned with the practice of social and mainstream media outlets using business models that are at least in part founded on the idea that there is money to be made in catering to extremist views. If advertising can be sold on extremist sites and offensive speech is protected, then the bottom line advises that it is not for the media conglomerates to determine what is and what is not acceptable social discourse. That is for others to decide.

In other words, the cover of free speech gives media conglomerates the excuse to continue to pursue profit by hosting extremist sites and allowing vile content on their platforms. The more that extremist views are filtered through outlets like Fox News and talk-back radio, the more they tilt public perceptions in a xenophobic, paranoid, fear-driven direction. This is not healthy for democracies.

This is the public policy conundrum. Where to draw the line between free and hate speech? When does offensive speech become dangerous speech? One would think that the answer would be simple in that any calls for violence against others, be it individual or collective in nature, is what separates offensive from hate speech. And yet to this day democracies grapple, increasingly unsteadily, with the question of what constitutes censorable material on-line. In a world where hard core pornography is increasingly available and normalized, it is hard to argue that people expressing ugly views are any worse than what is allowed in the skin trade.

With regard to whether there was an intelligence failure. Obviously there was because the massacre occurred. But the question is whether this was due to policy errors, tactical mistakes, some combination of both or the superb stealth of the bad guy.

At a policy level the question has to be asked if whether the intelligence services and police placed too much emphasis after 9/11 on detecting and preventing home-grown jihadists from emerging to the detriment of focusing on white supremacist groups, of which there are a number in Aotearoa. Given a limited amount of resources, the security community has to prioritize between possible, probable and imminent threats. So what happened that allowed the killer to plan and prepare for two years, amass a small arsenal of weapons, make some improvised explosives and yet still fly under the radar of the authorities? It is known that the security community monitors environmental, animal activist, social justice and Maori sovereignty groups and even works with private investigators as partners when doing so, so why were the white supremacists not given the same level of attention?

Or were they? The best form of intelligence gathering on extremist movements is via informants, sources or infiltration of the group by undercover agents (who can target individuals for monitoring by other means, including cyber intercepts). Perhaps there simply are not enough covert human intelligence agents in New Zealand to undertake the physical monitoring of would-be jihadists, other domestic activists and white supremacists. Perhaps white supremacist groups were in fact being monitored this way or via technical means but that failed to detect the Christchurch gunman.

That begs another question. Was the killer, even if a white supremacist himself, not an associate of groups that were being monitored or infiltrated by the authorities? Could he have maintained such good operational security and worked in absolute secrecy that none of his friends and associates had a clue as to his intentions? Was he the ultimate “lone wolf” who planned and prepared without giving himself away to anyone?

If the latter is the case then no amount of intelligence policy re-orientation or tactical emphasis on white supremacists would have prevented the attack. As the saying goes in the intelligence business, “the public only hears about failures, not successes.”

In his apparent radicalization after he arrived in New Zealand, in his choice of targets in Christchurch and in his ability to exploit domestic gun laws, in the fact that although he was socially active no one knew or ignored his plans, the killer was local. In the inability of local authorities to detect and prevent him from carrying out the attacks, the intelligence failures were local.

It is in this sense that New Zealand must “own” the Christchurch attack.

PS: I have been criticised for initially claiming, before his arrest, that the gunman may have come from Christchurch. Many people, including a prominent music and pro-cannabis blogger, felt that I was “reckless” for doing so, especially after it emerged that the suspect was Australian and lived in Dunedin (on and off since at least 2014). Let me explain why I made that initial error.

Within minutes of the gunfire I received links to the 4Chan and 8Chan platforms in which the shooter announced his intentions and linked to the live stream of his attack. As I read the commentary on the extremist platforms and watched the news over the next hour a source in Christchurch called and said that given his escape and the failure to initially detect and apprehend him (it took an hour to do so), the speculation by those chasing him was that he was a local. I repeated that live on radio as events unfolded, using the qualifier “apparently.” It was a mistake but not a reckless one, and in the larger scheme of things it simply does not matter.

I also made a mistake when I said that the weapon used was likely sourced on the black market from organised crime and may have been a modified hunting weapon with a suppressor on it (that much was clear from the video). As it turns out it was a legally purchased weapon by a licensed gun owner. My bad.

Finally, for thoses who keep on insisting that because the killer is Australian that absolves NZ of any complicity or guilt in the event–get real. Christchurch is the epicentre of South Island white supremacism and for all we know the killer may have chosen his targets not only because the Muslim population is fairly large in that city but also because he could show off to his mates on their home turf. If reports turn out to be true that he had kindred spirits at his gun club, then perhaps he was not as “alone” as is currently believed when planning and preparing for the attacks.

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