Posts Tagged ‘Crime’

Don’t tase me bro

datePosted on 23:47, August 1st, 2015 by Lew

Police Commissioner Mike Bush on Friday announced that tasers will be deployed for the use of all front-line officers.

The reasoning behind tasers emphasises the taser’s potential for de-escalation — a “less-than-lethal” alternative to shooting someone — sometimes on the basis very limited operational data. In 2009 and early 2010, when the weapons were on limited deployment in Auckland and Wellington, 10 people were tased, prompting then-Commissioner Howard Broad to write: “It’s pretty clear that in several instances, the person could have been shot with a firearm if Taser hadn’t been available.” The wiggle room here is important: several, could.

Technical and cultural problems
In June, science writer Phillip Ball addressed (MP3) the Royal Society of New Zealand on the topic of invisibility, emphasising that while we tend to regard advantages of this sort as technical problems they are, in reality, moral problems: problems of money, power and sex, or all three at once. One might as well say “cultural problems”. The crucial questions are not about what it does, but about how it is used, by whom, for whose benefit, and governed by what norms. This is the same profound observation that underpins restrictions on weapons of mass destruction, landmines and poison gas, why signatories to the Geneva Conventions use full metal jacketed ammunition, and why no nuclear weapons have been used in war since 1945. So it is disappointing, but not surprising, that the discussion around the Police’s deployment of tasers is largely technical, not cultural.

The justification is clearly-articulated: tasers have, the Police say, proven a useful tactical option between OC spray and a firearm. But the evidence is more complex. It is clear from New Zealand Police operational reports that tasers are safe in aggregate — from 2010 to 2014, 87% of situations where a taser was presented were resolved without it being fired, and the injury rate from their use was 1.1%.

How they are used, by whom, against whom
Aggregates do not tell the whole story. More than half of those tasered are Māori or Pasifika, a figure that has remained reasonably consistent, and which matches the overseas experience in the UK, Canada, the USA and Australia — in Queensland from 2010 to 2012, Indigenous Australians were subject to 22.6% of taser use, despite comprising only 3.5% of the Queensland population. People with mental illness are also subject to much higher rates than others — the British Home Secretary says mentally ill people are about 30% of taser victims, and the Queensland Police Service data cited above says 24.2%. We know also that those at the margins of society, with the fewest options and the least access to legal systems and good medical support — including victims of domestic abuse, sex workers, trans people, drug users and homeless people — are also much more likely to be subject to profiling, greater suspicion, and greater threat of violence by Police. Members of these groups are also more likely to suffer from medical conditions such as heart disease and schizophrenia that can elevate the danger of being hit by a taser. Mental health risks are also particularly concerning, given how prevalent mental illness is in members of these groups, often with violence or abuse by people in power as a contributing factor.

Risks are not evenly distributed. Non-white people are overrepresented in crime statistics, and this must explain some of the increased rates of taser usage against them, but the fact that they are overrepresented is itself a function of the economic, systemic and cultural biases that infuse our society. All else being equal, wider deployment of weapons in the hands of the Police is escalation. It means those at the margins get a double-dose of systemic bias: they’re more likely to be selected as a potential criminal, and once selected, they’re more likely to be subject to violence. Those that are subject to violence then suffer greater harm and have fewer options for recovery or redress.

It is surely with this in mind that Emmy Rākete has requested the Police release whatever research they have conducted into the lethality of tasers, and their potential for abuse. Gina Rangi also asked, on Twitter, about Police training in institutional racism, and the monitoring of it in relation to taser usage. We deserve answers to these queries.

Even the presentation of a taser without it being fired is a strong tactical option, including “laser painting” and “arcing”; explicit threats of force. And although injury rates are low, the fact that tasers are regarded as “less-than-lethal” means they tend to be used more readily than “lethal” tactical options, and are apt to be used as a compliance tool, rather than to defend the safety of Police or the public. In New Zealand, about half the time tasers are used against people who are threatening, but not violent towards Police, and according to Amnesty International, 90% of those who died as a result of taser were unarmed and do not present a serious threat. The New South Wales Ombudsman found that one in seven taser presentations was “inappropriate”, including cases of tasers being used on fleeing suspects and people who had already been handcuffed. “Less-than-lethal” violence can still be a heavy punishment.

These risks are all cultural, not technical. No amount of “less-than-lethal” rhetoric or low recorded-injury rates can adequately address these concerns when the factors leading to the decision to use a taser are not subject to the same scrutiny as its final use. Given that context, and absent significant change in the cultural factors, the wider deployment of tasers is not de-escalation, it is escalation.

Displacing firearms or augmenting the existing arsenal
To the extent that tasers displace firearms from frontline Police use, their wide deployment is a good thing, because in spite of everything else, it is generally better to be tased than to be shot. Tasers are less lethal than firearms, they operate at shorter range without such risks to bystanders, and they are equipped with cameras that provide some context to aid inquiry in case of abuse. Firearms do not record the circumstances in which a trigger is pulled — though the technology exists, and its use may grow, along with with the advent of body-cameras. While the last year’s worth of fatal shootings of unarmed black American men by white Police illustrates that technical solutions do not themselves correct cultural problems, the prospect of being charged with murder may prove a deterrent to the worst abuses. To ensure this, New Zealand should provide for the release of taser-cam footage in case of alleged abuse. (The NSW Ombudsman released video of case studies showing abuse of the weapons in that context; some are taser-cam, and some are not. You can watch them here, but be warned; some of it is quite harrowing.)

However, the real trouble with the argument that tasers displace guns isn’t with the claim that tasers are less-lethal than guns, or that they provide better oversight — it’s that that the evidence for displacement is weak, or at best unclear. In New South Wales, firearm presentations by police remained steady at about 800 per year for the three years following the introduction of tasers — while taser usage nearly tripled from 407 presentations to 1,169 over the same period. Similar effects were noted in Canada, where Police have walked back the argument that a taser is a replacement for a firearm:

When the RCMP unveiled plans to equip its Alberta detachments with Tasers in 2002, Sgt. Steve Gleboff told reporters “what we’re trying to do is eliminate the necessity to shoot somebody.” [...] That expectation was wrong, according to the man who trains Calgary police officers to use Tasers. “Use of force experts across Canada right now, we’re kind of shaking our heads going, ‘How did we give the impression to the lay public or the media that Tasers were ever supposed to be a replacement for lethal force?’” said Staff Sgt. Chris Butler. “They were another use-of-force tool in the same regard as the baton, the O.C. spray. Just another tool.”

Given this position — that the taser is not a replacement for a firearm, but an alternative to OC spray and batons — it is clear that wider deployment of a more effective weapon over and above those existing tools, where the ultimate tactical option of firearms does not already exist, means the escalation of violence, not its de-escalation, as a matter of policy.

The limited deployment of firearms is an important difference between New Zealand and the jurisdictions for which good data is available (in Australia and North America), that make these comparisons uncertain. (In the UK, which would be a better comparison, there are strong calls for similar policy.) Given this difference, we may have little to fear — it may be that the deployment of tasers forestalls the routine arming of frontline police for five or 10 or more years longer than it otherwise would have occurred. But as someone pointed out to me on Twitter, the avoidance of hypothetical violence by the application of actual violence also is not de-escalation: you can’t defend giving the Police machine guns on the basis that you have declined to give them tanks as well. The onus is on the Police to demonstrate that their decision to deploy tasers across the force will reduce the use of firearms, and will also be accompanied by more rigorous training and oversight to prevent abuse, and to limit excessive use on the groups who already bear the heaviest burden of Police violence.


Fighting terrorism is a matter of law enforcement.

datePosted on 08:35, January 20th, 2015 by Pablo

The post 9/11 security environment has been dominated by the spectre of terrorism, mostly if not exclusively of the Islamic-inspired sort. In most liberal democracies the response to the threat of this type of extremist violence has been the promulgation of a raft of anti-terrorism laws and organisational changes in national security agencies, the sum total of which has been an erosion of civil liberties in the pursuit of  better security. Some have gone so far as to speak of a “war” on terrorism, arguing that Islamicist terrorism in particular is an existential threat to Western societies that demands the prioritisation of security over individual and collective rights.

Although ideological extremists see themselves at war, this response on the part of democratic states, and the characterisation of the fight against terrorism as a “war” marshalled along cultural or civilisation lines, is mistaken. The proper response is to see terrorism not in ideological terms, with the focus on the motivation of the perpetrators, but in criminal terms, where the focus is on the nature of the crime. Seeing terrorism as the latter allows those who practice it to be treated as part of a violent criminal conspiracy much like the Mafia or international drug smuggling syndicates. This places the counter-terrorism emphasis on the act rather than the motivation, thereby removing arguments about cause and justification from the equation.

There is no reason for Western democracies to go to war. Whatever its motivation, terrorism poses no existential threat to any stable society, much less liberal democracies. Only failed states, failing states and those at civil war face the real threat of takeover from the likes of the Islamic State or al-Qaeda in the Arabian Peninsula. For Western democracies under terrorist attack, the institutional apparatus of the State will not fall, political society will not unravel and the social fabric will to tear. But there is a caveat to this: both the democratic state and society must beware the sucker ploy.

As an irregular warfare tactic terrorism is a weapon of the militarily weak that is not only a form of intimidation but a type of provocation as well. It has a target, a subject and an objective. Here is where the sucker ploy comes into play. Terrorist attacks against defenceless targets are designed to lure democratic states into undertaking security measures out of proportion to the real threat involved. The weaker adversary commits an atrocity or outrage in order to provoke an overreaction from the stronger subject, in this case from Western liberal democracies. The overreaction victimises more than the perpetrators and legitimises their grievances. In doing so, the democratic state plays into the hands of the terrorist objectives by providing grounds for recruitment, continuation and expansion of their struggle. When democratic societies, panicked by fear, begin to retaliate against domestic minority populations from whence terrorists are believed to emanate, then the sucker ploy will have proven successful.

The sucker ploy has been at the core of al-Qaeda’s strategy from the beginning. Enunciated by Osama bin Laden, the idea behind the attacks on the World Trade Centre and Pentagon, then the Bali, Madrid and London bombings, was to cause the entire West to overreact by scapegoating all Muslims and subjecting them to undemocratic security checks, to include mass surveillance, warrantless searches and arrest and detention without charge. With the majority supporting such moves, the Muslim minorities in the West become further alienated. That serves to confirm the al-Qaeda narrative that the West is at war with all of the Muslim world, which bin Laden and his acolytes hoped would generate a groundswell of conflict between Muslims and non-Muslims on a global scale.

The US and UK duly obliged by using 9/11 as one pretext for invading Iraq, which had nothing to do with the events of that day and which had no Islamic extremists operating in its midst at the time. It does now.

After the possibility of staging spectacular large scale attacks like 9/11 became increasingly difficult due to Western counter-measures, al-Qaeda 2.0 emerged. Its modus operandi, as repeatedly outlined and exhorted by the on-line magazine Inspire, is to encourage self-radicalised jihadis born in the West to engage in low-level, small cell (2-5 people) or so-called “lone wolf” attacks by single individuals on targets of opportunity using their local knowledge of the cultural and physical terrain in which they live.

In recent years the Syrian civil war and rise of the Islamic State have provided recruits with the opportunity to sharpen their knowledge of weaponry, tactics and combat skills with an eye towards future use at home in the event that they survive the foreign adventure (although less than 50 percent of them do). With reportedly 15,000 foreign fighters joining Syrians and Iraqis in the Islamic State ranks and a number of Westerners gravitating towards al-Qaeda, that leaves plenty of returning jhadis to be concerned about.

Shopping malls, sports venues, transportation hubs, entertainment venues, non-military government offices, media outlets, houses of worship, schools and universities–all of these present soft targets with significant symbolic value where a relatively small criminal act of violence can generate waves of apprehension across the larger population, thereby prompting a government overreaction as much in an effort to calm public fears as it is to prevent further attacks. The range and number of these targets makes guarding all them very difficult, and if the perpetrators plan in secret and maintain operational secrecy up until the moment of engagement, then they are impossible to stop regardless of the security measures in place. Short of adopting a garrison state or open-air prison approach to society as a whole, there is no absolute physical defense against determined and prepared low level operators, especially when they have access to not only to weapons but common household or industrial products that can be used to untoward ends.

Although it risks detection because of the coordination and numbers involved, one variant of the low-level, decentralised terrorist strategy is the so-called “swarm” attack, whereby several small cells engage multiple targets simultaneously or in rapid sequence, even in several countries if possible. This is designed to stretch the security apparatus to its limits, thereby causing confusion and delays in response while demonstrating the attacker’s capability to strike at will virtually anywhere. At that point the military–ostensibly used for external defense–is often  called in, thereby giving all the appearance of a nation at war. Such is now happening in Belgium and France.

The evolution of terrorist tactics notwithstanding, if we strip away all the ideological gloss what is left is a transnational criminal enterprise. The response required is therefore more police than military in nature, and requires increased intelligence sharing and police cooperation amongst nations. The legislative response should be not to create a separate body of political crimes deserving of increased (and undemocratic) coercive attention from the state, but to bolster criminal law to include hard penalties for carrying out, financing, supporting or encouraging politically motivated violence. All of this can be done without militarising the state and compromising basic democratic values regarding the freedoms of speech, assembly and movement.

What is not needed but unfortunately has been the majority response in the West, is expanded anti-terrorist legislation and sweeping powers of search, surveillance and seizure that cover the entire population rather than those suspected of harbouring extremist tendencies. This violates the presumption of innocence as well as the right to privacy of the vast majority of citizens, to which can now be added restrictions on freedom of movement for those who, even without criminal backgrounds, are suspected of planning to travel to join extremist groups abroad.

Worse yet, such measures are not entirely effective, as the Boston Marathon bombings, Sydney hostage crisis (the work of a lone mentally ill individual with delusions of Islamic grandeur who was out on bail for sexual crimes and accessory to murder) and the Charlie Hebdo attacks have shown (Australia, the US and France have very strong antiterrorism measures, to include the Patriot Act and NSA/FBI mass surveillance in the US, overtly authoritarian security legislation dating back to the Fifth Republic in France–which was a response to the Algerian Crisis of 1958– and increasingly hard anti-terrorist legislation in Australia).

There is a clear need to upgrade police intelligence gathering, sharing and operational procedures in order to combat the terrorism threat. The main impediment to that has not been a public lack of cooperation or the inadequacy of extant criminal law (which needs regular upgrading in any event due to the evolution of crime–for example, 30 years ago cyber security and cyber crime were not issues that needed to be covered by law). Instead, it has mainly been due to inter-agency rivalries between domestic security and intelligence agencies and a lack of international cooperation on ideologically charged matters such as Islamic terrorism (for example, between Israel and its Arab neighbours and the US and China). Given advents in telecommunications technologies, there has to be a priority focus on social media intelligence gathering, particularly of platforms that use encryption to shield criminal behaviour. But all of that can be done without the mass curtailment of civil liberties, and without militarising the response to the point that it gives all the appearances of cultures at war.

It should be obvious that the underlying causes of terrorism in the West need to be addressed as part of a comprehensive strategy for dealing with the problem. These involve a host of socio-economic and cultural policy areas and a willingness by politicians to broach debate on sensitive topics related to them (such as the question of assimilation of migrants, minority youth unemployment etc.). But in the narrow sense of security counter-measures, the key is to not exaggerate the terrorist threat, to strip it of its political significance and to use more efficient policing and intelligence gathering backed by criminal law to treat it not as a special type of (political) crime but as just the violent acts of criminal conspirators.

Although its threat environment (including terrorist threats) is far less menacing than that of its major security partners, New Zealand has adopted antiterrorist and search and surveillance legislation that is more appropriate for the threats faced by India or Pakistan than by a small isolated democratic island state. Other small democracies outside of Europe like Costa Rica, Portugal or Uruguay have not seen the need to adopt such legislation, and Uruguay in fact has accepted released Guantanamo detainees for re-settlement. Thus the question begs as to why New Zealand has chosen to privilege security over freedom when the threat environment does not warrant it? So far, in spite of crying wolf about the spectre of home grown jihadists and returning foreign fighters, the New Zealand authorities have not provided any concrete evidence of plots or other indicators of terrorists at work that would justify the expansion of what is now a full-fledged security and surveillance state.

One can only hope that as part of the forthcoming intelligence agency review an honest discussion of terrorism and other threats can be had so that perspective can be gained and the proper response undertaken. That may well mean rolling back some of the security legislation passed during the last decade while refining specific provisions of the Crimes Act and attendant legislation so that the balance between security and civil liberties can be re-equilibrated in more even fashion.

For an interesting take on the subject, here is an article by a US security academic with clear pro-establishment views.

Temporary, discriminatory and an admission of failure

datePosted on 12:16, October 30th, 2014 by Pablo

The PM says that the legislation his government proposes to pass under urgency allowing for the confiscation of passports of NZ citizens in order to combat the threat of returning foreign fighters will be “tightly focused” on those traveling to the Middle East in order to join jihadist groups. That phrase “tightly focused” is code for “Muslim Internationalists” as opposed to, say, Christian or non-religious fighters joining in foreign conflicts in the Middle East or elsewhere.  So if Kiwis of Croatian descent were to return to their homeland to fight Serbs they would be free to do so and then return without risk of having their passports confiscated. The same goes for Christian Nigerians who wish to return home to fight Boko Haram as members of community self-defence organisations.  And of course Jewish Kiwis already do so by traveling to join the Israeli Defense Forces.

To say the least, this law is by its nature discriminatory and temporary unless the government proposes to make it illegal for anyone to go and fight for any cause anywhere. And that clearly is not what it has in mind.

More tellingly, passing such “tightly focused” legislation under urgency is an admission of failure.

On the one hand, it tacitly is telling us that criminal law, including all of the anti-terrorist legislation passed in the last ten years, is inadequate to deal with this particular type of suspected criminal enterprise (or better said, intended criminal enterprise). On the other hand it implicitly recognises that the combined resources of the GCSB, SIS, Immigration, Customs, NZDF, Police and other security agencies, as well as those of NZ’s main security partners, are unable to monitor the activities of the dozen or so Kiwis who may have jihadist pretensions, this despite the fact that New Zealand is an isolated and relatively small archipelago with no land borders and limited access or egress by air or sea, with a very small Muslim community from which potential jihadists are drawn.

Reading between the lines of the PM’s statement, it seems that the extension of antiterrorism laws, powers of search, surveillance, seizure and domestic intelligence collection over the last decade, much less the existence of a vast array of criminal law statutes as currently exit on the books, have had no impact on the ability of the NZ security community to detect, deter and/or monitor a small group of  young men interested in fighting abroad. Hence the need for more “tightly focused” laws that if nothing else violate the presumption of innocence and freedom of movement that presumably are basic rights in liberal democracies.

That makes me wonder two things: what good do the expanded security powers awarded the state during the last decade serve if they cannot fulfil the basic functions of detection, deterrence and monitoring? And what does that say about the competence of the agencies whose powers have been expanded given New Zealand’s geopolitical location?

The answers are simple: none and a lot.

Monitoring Syrians and Supplicants.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Theater of the Absurd.

datePosted on 08:05, March 14th, 2012 by Pablo

Is there something in the water that trial lawyers drink?

First the prosecution claims that the Urewera Four and their merry band of role-playing wanna-be commandos were in the bush training for urban guerrilla warfare and posed an imminent threat to New Zealand’s peace and tranquility. The defense answers that all the gun play was just a wanaga exercise designed to train people for private security jobs so that they could move off the dole (even though all of the original defendants were well-known Left activists of various stripes, and several had jobs). Then Tame Iti’s lawyer sums up his defense by claiming that Iti is comparable to Nelson Mandela in the historical scheme of things. WTF?

Are these lawyers high? Is there something about the High Court that brings out the hyperbole in barristers? Do they think that juries are idiots? Or do they think that by offering up a mountain of bluster that the jury will not differentiate between smoke and fire? One thing is clear–the lawyers in this case clearly have Ph.D.s in argumentation: they Pile it High and Deep.

The sad fact is that after more than a million tax-payer dollars have been spent on punitively prosecuting some deluded and/or foolish people for acts that are otherwise commonplace in rural New Zealand, acts that happen on a weekly basis, we have been saddled with a four year court process ending in a trial in which both sides make patently absurd claims to bolster their respective cases.

Whatever the outcome of the trial, if this is the state of the art when it comes to criminal prosecutions and defense, then New Zealand is being very poorly served. And having to pay for that poor service is as galling as having the case go to court in the first place.


Exaggeration as a prosecution strategy.

datePosted on 10:33, February 20th, 2012 by Pablo

Judging from the media coverage of the Urewera 4 trial, including video and audio evidence given by the Crown to the press, the prosecutorial strategy is quite clear. It consists of three interwoven strands that together offer a narrative about politically-motivated armed criminal conspiracy. The first is to say that the activities depicted in the evidence were serious military-style (paramilitary) training. The second is to characterize the exercises as, in the words of the Crown Prosecutor, “training for…guerrilla warfare,” something that implies a target and an objective. The third is to claim that this training constituted a clear and present danger to the New Zealand public, or at least to the political elite who the defendants in the alleged conspiracy commonly oppose. Although the usual sub judice protocols are said to be in place, selective  leaking of the video and audio tapes (whose legality is in dispute) helps the Crown backdrop its case, in a form of trial by media in which there is no right to rebuttal. The release of the audio and video evidence was done for prejudicial reasons, not because the Crown had to.

The problem for the Crown is that the video and audio evidence covertly collected by the Police suggest something less than dangerous proficiency on the part of Tame Iti and his activist comrades. There is no doubt that the camps had a paramilitary flavor to them. So do hunting camps, paintball competitions, male-bonding sessions and survivalist exercises. More tellingly, the video shows rank amateurism and indifferent commitment by the people involved.  As an example, Omar Hamed, an original defendant who is not on trial, is seen in close up video coverage looking like an excited 12 year old with his first rabbit hunting.22 (which was the actual weapon he was holding) as he stares directly but obliviously at a surveillance camera a meter away (which suggests a lack of situational awareness given that the Police claim that Mr. Iti repeatedly warned his activist colleagues to beware of “eyes and ears” on their activities). His pea shooter may or may not have been loaded. Mr Iti’s concerns, as it turns out, were justified.

In the video some people march purposefully and some shuffle listlessly and mill about while others converse and apparently shoot at unspecified targets. Some give instructions. Some wear balaclavas. A car bonnet is used to prop up a shot. There is rudimentary martial arts training seen in the video, but it is farcical given the skills of the people involved (in a creepy sidebar with relevance to this aspect, it is suggested in some quarters that Mr. Hamed is more dangerous to activist Left women than he is to the status quo). Audio of cluster fire (cluster fire is the overlapping of multiple shots from several weapons in order to saturate a target area) does not identify who was doing it or what they were shooting at, and the presence of spent cartridges under a pock-marked tree tells little in light of the amount of hunting that occurs in the Ureweras.

Frankly, I would be more concerned if the videos showed the activists on a boar hunt, slitting the throats of piglets while yelling “death to imperialism!” The activities shown are far from that and much more about make believe. From what I have seen, the NZ public have little to worry about from this crowd.

As I have said before, it is not a good look for anti-war, Maori and environmental activists to be playing at commando. But it is not a crime to do so–many other people do–so the prosecution’s case is built on a grand exaggeration. It attempts to show a level of competence, organization and training focus to the paramilitary exercises that simply was not there. If anything, the video evidence is an embarrassment to those in them, whether or not they had a political motive for being at the camps. That is curious because neo-Nazi groups do the same type of “training” with a better (yet pathetic) level of competence and a definite, publicly stated political goal of preparing for racial conflict, yet somehow have avoided being the subject of a Ruatoki-style Police response and four year Crown prosecution.

The Crown exaggerates its case not only to secure convictions but also to smear and deter. Mentioning the phrase “guerrilla warfare” indirectly introduces the word terrorism into the juries’ minds. By overlapping the two concepts the prosecution smears a certain type of Left activism with the dreaded “T” word. Even those not on trial–we should remember that all charges were dropped against  13 defendants–are tainted by their association with that word even though no formal charges of terrorism have been laid against any of them. The purpose of raising the specter of guerrillas in our midst is clearly to smear the defendants, but also to deter others on the Left who might wish to add paramilitary skills to their activist inventory.

The Crown imputes coherent motive to the defendants when it speaks of guerrilla warfare. It claims that it has evidence of such. But even if a common motive was established (perhaps hatred of “Da Man”), the inference is that this motive was focused on preparing to use armed violence against specific targets in pursuit of a unified goal. That is a stretch, not only because of the varied causes that the original group of defendants espoused, but also because of the clearly different levels of enthusiasm and combat skills they exhibit, none of which come remotely close to credible guerrilla organization and tactics.

Thus, from what the press coverage has been so far, the Crown prosecution of the Urewera 4 is much ado about nothing. The process is the punishment, because after four plus years of uncertainty, expense and de facto restrictions on their movements (some of the original defendants have been refused entry to foreign countries, which means that their names are on an international security list very likely provided by the NZ authorities), those on trial today, their Urewera colleagues and others on the activist Left (since the neo-Nazi Right appears to be immune) will think twice about making like Warriors even if this trial results in acquittals (the most likely case for conviction will be firearms law violations). Regardless of the outcome of the trial, in that regard the Crown prosecutors and the Labour and National governments that have overseen them will have won. Engaging in procedural delays, legal manipulation of charges and prosecutorial exaggeration is a successful Crown strategy regardless of the formal outcome.

That is the most troubling aspect of the entire affair. By stretching the definition of what constitutes a serious threat of domestic guerrilla warfare in order to prosecute a well-known group of Left-leaning fantasists (who may or may not have had wanna-be militant ambitions), in what appears to be a specifically targeted vendetta, the Crown has played loose with the basic rules of democratic jurisprudence. In doing so fairness and justice in the legal system has been sacrificed at the alter of political opportunity, which is a far worse outcome than the individual fates of the accused.

There may be new and alarming revelations to come that would substantiate the Crown’s case against the Urewera 4. But from where I sit, using what is currently in the public domain, this appears to be a prosecution based on malice, not facts.


Bloody liability

datePosted on 10:41, January 19th, 2011 by Lew

Sarah Palin, as has been clear for some years now, has an unmatched talent for drawing the spotlight. A week after the infamous ‘blood libel‘ video she’s still at it today, pouring more fuel on a fire which should never have been started. ‘Blood libel’ and the American Right’s shrieking, paranoid victim complex are now a bigger story than the (attempted) murder of Congresswoman Gabrielle Giffords and others at a political rally outside a suburban supermarket. That takes an awful lot of doing.

But she simply doesn’t know when to shut up. Let me be clear: I’m by no means saying that she must shut up, or even that I want her to shut up; nor am I attempting to curtail her First Amendment rights or impinge upon her cherished liberty — let there be no persecution fantasies regarding the humble analysis which is to follow. Palin’s conduct is a matter of political strategy for her PAC, the wider Tea Party movement and ultimately the Republican party. If they want to keep pursuing a strategy which, politically, is a hiding to nothing, then far be it from me to stand in their way. But I am arguing, as are plenty of Republican-oriented strategists, including former Bush advisor David Frum — that as a matter of strategy she should just shut the hell up and resume her place on the fringes of this topic, because there’s nothing to be gained and an awful lot to be lost by continuing to fan these flames. Frum is hardly a bleeding-heart liberal; he invented the ‘Axis of Evil’. He is also Jewish, as is Rep Giffords, so one assumes the misuse of ‘blood libel’ by a renegade WASP like Palin has special salience to him.

Let me also say that Palin and the Tea Party had some right to be angry at the invective levelled at them and their movement in the immediate aftermath of the Tucson shooting. I generally agree with Pablo’s previous points, that Palin and the Tea Party must bear some responsibility for the climate of discourse they have created; but I’d also say that they have not created such a climate on their own. While disproportionately on the elephant side, warlike imagery and symbols of political violence are a commonplace in both camps of US politics. Influential US liberal commentators, notably Keith Olbermann, jumped all too gleefully upon the chance to all but blame Palin (and Beck, etc) for pulling the trigger, although at best there is only a tenuous link between Jared Lee Loughner’s anti-government sentiments and the Tea Party. (Although it is often overlooked that Olbermann’s rant also called strongly upon the American left to repudiate (not refudiate) violence in word and deed). The extent of the speculation and the attempts to pin the murders on Palin and the Tea Party before the dust had settled were unmerited and, as I say, the objects of these accusations were justified in a certain amount of self-righteous indignation.

But one of the defining characteristics of the Tea Party, and of libertarian-oriented small-government revivalist movements in general, is their utter lack of perspective, and Palin simply went too far. These are people who genuinely believe taxation to be armed robbery, after all. So, like the white supremacist who blames all misfortune on immigrants; like the misogynist who bemoans the PC feminazi dykocracy; or the wealthy white elderly Sensible Sentencing Trust supporters who believe themselves to be the most vulnerable victims of crime, when, objectively, the reverse is true — the Tea Partiers and Palin simply can’t see past their own trivial victimisation to the actual and genuine victims of the Arizona tragedy, those who are dead, wounded or bereaved. IrishBill, writing at The Standard recently referred to these sorts as Right Whingers, and the persecution narrative is a feature of modern backlash movements: when elites come under such threat that they feel as if they no longer command the fields of cultural battle, they claim to have been victimised. And they go on and on about it. “Help, help, we’re being repressed!

Nobody likes a whinger or someone who talks a big game but can’t play, especially in US politics. One of the Republican party’s strongest symbolic assets through the latter 20th century has been the sense that it’s a party of rugged individuals with the thousand-yard gaze of their pioneer forebears, while the Democrats are a bunch of preppy sissies with excuses always at the ready. To an extent there’s been some truth to this narrative, but the “all hat and no cattle” label attached to Bush did his party’s political fortunes considerable harm, and Palin has already weakened her own pioneer and Mama Grizzly credentials immeasurably with the now-infamous ‘hunting’ episode of Sarah Palin’s Alaska. In it, despite her claim to being a life-long hunter, she appears unfamiliar with her rifle (“does it kick?”), is unable to chamber her own rounds (daddy does it for her); and takes five shots to hit a large animal standing on a skyline 120 yards away (and then there’s the estimate that a hunting trip in her home state cost $42,000 — not very pioneerish, that).

Likewise, the emergence of the Tea Party and its rather more extreme rhetoric has seen the erosion of the traditional, conservative pioneer narrative in favour of a more excitable tone — perhaps a shift from ‘pioneer’ to ‘revolutionary’ would be the metaphorical change. This shift in itself is not a weakness, except when its less favourable characteristics come to the fore, and it is these aspects of the Tea Party movement which the Democrats and other liberals have been emphasising: its crazed extremes and frightening rhetoric; the cultish, heightened emotionality of leaders like Glenn Beck, which verges on the religious; its lack of concern with details like grammar, factual accuracy and proportion; its brittleness and temporary, ad-hoc nature as opposed to the reliable stability of the Grand Old Party.

By resort to the strident ‘blood libel’ line, Palin has fallen into the trap of confirming — and defending — key aspects of the liberal narrative about her and by extension about her movement: she lacks any sense of perspective or proportion, public decorum or decency or compassion; she is an attention-seeker with a persecution complex who thinks it’s always all about her; she doesn’t know what the terms she uses actually mean; that they’re desperate cranks rather than serious statespeople; and most seriously, that she can dish it out but not take it. This last will be the master narrative going into the 2012 Presidential election, in the increasingly unlikely event that Palin is the nominee, and Democrats and liberals the world over relish the prospect of a proven big-game player like Obama against a scattergun show-pony like Palin.

The decision to release and then defend the ‘blood libel’ video is a double tragedy for the Republican party, who took a strong lead in the November mid-terms, and have now missed the best opportunity in a decade to consolidate that lead by looking like the calm, sober, conservative adults they claim to be and to represent. Palin’s decline may be better for them in the long term; many commentators are now confirmed in the belief they held before the mid-terms that she had outlasted her usefulness as an energising agent, and is now simply a liability, a distraction from the serious business of government to which the GOP must now turn its attention.


Playing the denial and diversion game (with updated link).

datePosted on 15:04, January 13th, 2011 by Pablo

In the aftermath of the Tucson shooting, it has been unsurprising but nevertheless amazing at how the US media Right and other conservatives have rushed to deny any linkage between the shooting and the political climate of the moment. Even some of the usually smart contrarian commentators here at KP have been quick to join the chorus claiming that this attack was just the work of a lone nutter. But let it be clear: even if the killer has clear psychological issues, he chose a political target rather–as in the case of other mass killings by mentally disturbed individuals in the US in recent times–random strangers or family members. For that reason alone, the Tucson massacre is a politically-motivated crime regardless of the Right trying to deny it, and the proof of that is the federal indictments against Mr. Loughner.

Confronted with the obvious–that the vicious political discourse of recent times, a discourse rabidly promoted by conservative media outlets, internet commentators and political demagogues, has set the stage for an inevitable act of armed violence on the part of someone who shares, however partially and incoherently, the world view of the reactionary Right–the media Right and its political acolytes have turned to the tried and true tactic of deny and divert.

First, they deny that the shooting was a political act but instead was just an act of lunacy. These are the same media types who immediately saw world Jihadism behind the rampage conducted by Major Nidal Malik Hasan at Fort Hood. They are the same people who describe murderous anti-abortionists as people of conviction led astray by the strength of  their beliefs, and who claim that the Oklahoma City bombing was conducted by some loser social misfits. The flatly refuse to acknowledge the context in which these attacks occurred, and they flatly refuse to accept their share of responsibility for fomenting an atmosphere of partisan hate and violence. In a country that has seen its popular culture debased and vulgarised to the point that gratuitous violence is a mainstay of popular entertainment and an attitude of insolent disrespect has become a norm in inter-personal exchange, such incendiary posturing does nothing more than provide an accelerant for those who are already disposed to act out in violent ways. And yet, the cowards in the media Right claim they had nothing to do with the events in Tucson.

Instead, they and their political allies have adopted the tactic of diverting and deflecting criticism towards the “liberal” press and politicians who they claim have attempted to make political capital out of the tragedy. They have attempted to equate Left liberal acts of civil disobedience, peaceful resistance and direct action with the shooting and previous Right wing threats of armed violence and actual acts of such (in the infamous list of purported Left wing acts of violence posted by a notorious Right wing blogger there is not a single image of anyone with a firearm, much less of anyone shooting or killing in pursuit of their beliefs. In fact, among the supposed comparable acts listed by that blogger are recordings of people laying down in the front of weapons trains in protest of war. Can that really be considered morally equivalent to a mass shooting? Only in the fevered mind of a Right wing apologist).

Reactionary attention has centred on the comments of Pima Country Sheriff Clarence Dupnik, who has held the job for 30 years based upon regular re-election as a Democrat (in a county that is majority Democratic in an otherwise Republican state). In his first press conference after the shootings Sheriff Dupnik denounced the climate of hate and atmosphere of bigotry that has descended on Arizona and the country in general. The Right went ballistic at his  mention of this patent fact, accusing him of partisanship, jeopardizing the case and failing in his duties to prevent the shooting because Laughner was known to the police prior to the event (ignoring the fact that his department is hamstrung by mental health and civil rights laws that prevent it from arresting individuals in cases short of domestic violence where reported threat behaviour is not materially imminent). In other words, in spite of the Right’s attempts to smear him, Sheriff Dupnik well knows of what he speaks, because it is his office that has to confront the daily consequences of loose gun laws an anti-immigrant sentiment in a county that extends down to the Mexican border. Put succinctly, Sheriff Dupnik stated the truth. For that public service, he has been pilloried by the Right wing media frothers.

Regardless of whether Mr. Loughner was indirectly or directly inspired by hate speech and the venom directed at the federal government and “liberals” by Right wing political-media networks, the simple point is the obvious point that Sheriff Dupnik was making: the increasingly public language of hate and divisiveness was the backdrop against which he carried out his rampage. He chose a political target. His intent was political assassination. His was, in sum, a political act, however deranged he may be. And that act was carried out against a “liberal” Democrat in the US federal government who has repeatedly been, along with others of her ideological persuasion, the direct recipients of the hyper partisan vitriol emanating from the mouths of the fear and hate-mongering Right.

No amount of denial, diversion and obfuscation can detract from that fact.

UPDATE: Frank Rich does a good job of summarising the situation.

Justice delayed, now denied.

datePosted on 18:02, December 31st, 2010 by Pablo

Rather than ring out the old year and ring in the new year with the usual inane rubbish about new beginnings and fresh starts, annual lists, countdowns etc., how about we use the occasion for a reality check, in this case a reality check on the state of the NZ judiciary using one very important case.

On October 15, 2007 a number of individuals were arrested on a variety of charges, including planning terrorist attacks. Others were arrested later, and collectively they have come to be known as the Urewera 18. On May 30, 2011, three and half years after they were arrested, the majority of these defendants will finally go to trial (three defendants will be tried separately).  Not only is the delay largely a result of the Police and Crown trying to introduce new charges after the fact and argue for the admissibility of evidence obtained under the Terrorism Suppression Act that was ultimately not invoked against the accused. Now, in a decision which has had its reasoning suppressed by the court, the Urewera 15 have been ordered to have a trial by judge. You read correctly: not only have they been denied  the right to a prompt trial but are now denied a jury of their peers. To that can be added holding the trial in Auckland when most of the defendants live elsewhere and their purported crimes were committed outside of Auckland.

Between the delays, venue and judge-only trial, the Crown and judiciary is engaging in a blood-letting exercise designed to drain the defendants materially and emotionally long before they enter the courtroom on May 30. Arguing under section 12 that the case is too complex, with too many defendants, with too many side-issues and matters of procedure to be considered adequately by a panel of laymen and women is an insult to the NZ public as well as a thinly veiled attempt at juridically saving face in a case that was over-ambitious, politically-motivated and legally flawed from inception.

This is further evidence of the ingrained authoritarianism and lack of accountability rampant in the judicial system. Judges act as if they are above the laws they are supposed to uphold. The Crown vindictively prosecutes cases without regard to their merits or costs because political interests are at play (remember that the NZ wikileaks cables show NZ government officials telling the US embassy in Wellington that theZaoui case was not winnable–then saw the Crown go ahead for another two years arguing for Zaoui’s incarceration or expulsion until the SIS finally dropped the pretext that he was a threat to national security). Elites are given name suppression for the flimsiest of reasons and judges protect their own when these transgress. This is exactly the sort of judicial attitude in dictatorships.

And yet, it is the attitude in NZ as well. Meanwhile, not a single mainstream media outlet has raised the subject of the long delayed and now jury-denied Urewera trial since the decision on the latter was announced in early December. Not a single right-wing blog has raised the obvious civil liberties and rule of law implications of the case. The Left commentariat has been largely silent as well, with the notable exceptions of Idiot Savant and Russell Brown.

Why is this? Is this silence a result of the fact that the accused are an ideological minority that are easy to scapegoat and persecute? If so, that is exactly the reason why the full spectrum of democratic commentators should be protesting the case: in a democracy it is not mainstream, “normal,” “nice guys” who deserve the most legal protection and rights of redress. It is the ideologically suspect, reprehensible, marginalised, ostracized or otherwise outcast who deserve the full protections of law precisely because they are at the mercy of the majority–a majority that is often ill-informed or manipulated by authorities when it comes to evaluating the merits of any given case against anti-status quo political activists. The majority may rule, but free, fair and impartial trials are the minority’s best bulwark against its tyranny.

That is another reason why a jury trial is deserved by the Urewera 15. A  jury, selected from the public mainstream, can listen to and observe the prosecution evidence and the defense against it in detail, first hand, then deliberate on the merits of each. That ensures that no judicial bias or hidden quid pro quos enter into the process. As things stand, the judge who hears the trial is vulnerable to such accusations, which is more the reason to bring an impartial jury into the process.

I am not entirely sympathetic to the causes being espoused by the Urewera 18. I do believe in their right to act militantly in defense of them subject to the penalties of  law should they act in ways that contravene criminal standards (as hard as it is to say, I extend this belief in the right to militant activism to neo-Nazis and skinheads as well so long as no harm to others results from it). Here I disagree with some distinguished Left commentators, who have seen something sinister in their activities and who believe that the political motivations of the defendants makes the case “special.”

I have already written at length on why politically-motivated crimes should not be treated as a special category so will not belabour it here. But I am sure that those who see sinister intent in the Urewera 18  will agree that the way this prosecution has gone is wrong on several levels. Even if the Urewera defendants are in fact complicit in something more than activist fantasy-ism and role-play, they deserve to be treated fairly according to the rule of law consistent with the foundational principles of a free society. Yet they have not, and nary a peep has been heard about that from those who should know better and who ostensibly are champions of the democratic ethos.

This attitude is shameful and should be repudiated by all fair minded people regardless of ideological persuasion.  The trial-by-judge decision must be appealed as a denial of due process and publicly repudiated by those who believe in the democratic ideal.

How’s that for some New Year’s resolutions?

Countering threats as a growth industry.

datePosted on 18:15, July 23rd, 2010 by Pablo

News that the US has a network of over one thousand agencies employing more than 800,000 people involved in counter-terrorism efforts comes as no surprise. The post 9/11 reaction to the threat of armed Islamicist extremism by the US government was as visceral as it was knee-jerk, with a blanket call put out to increase every aspect of the country’s counter-terrorism capability. From intelligence gathering to emergency response and everything in between, counter-terrorism agencies proliferated from the local to the state to the federal level, as did the number of private firms engaged in direct counter-terrorism efforts as well as support roles.

But there are problems with this expansion, and it is not just the waste of resources associated with the duplication of functions and overlapping of roles that comes with it. Nor are the problems confined to the US. Let me list a few.

Around the world concerns about terrorism has seen the expansion of government security apparatuses dedicated to fighting it. Intelligence agencies, police forces and the military of virtually all Western states, to say nothing of those in the Sunni Arab world, Africa, Asia and the Antipodes, have increased the amount of resources directed towards countering potential terrorist threats (South America is the exception to the rule because traditional inter-state rivalries and the lack of Islamicist grievances in the region have led authorities to focus attention elsewhere). In New Zealand, for example, both the Combined Threat Assessment Group (an inter-agency combine that analyses intelligence flows and threat assessments from such as the SIS, Police, NZDF, MoD, Immigration, Customs and Foreign Affairs) and the Counter Terrorism Tactical Assault Group (CTTAG, a combined military and police specialist unit trained to respond to terrorist incidents) were created after 9/11. Similar agencies now litter the state security landscape throughout the world.

Along with the proliferation of agencies comes increases in their funding and personnel, and more perniciously, the scope of their responsibilities. Again, in New Zealand this is evident in the Terrorism Suppression Act (TSA), which is modeled on similar legislation in the UK and US and which gives broad powers to the government to infringe on basic civil liberties in its efforts to detect and stop suspected terrorism-related activities on NZ soil. The same goes for the Search and Surveillance bill now before parliament. In the US the so-called Patriot Act, which is still in force, grants US security agencies broad powers of arrest and detention on the mere suspicion of terrorism-linked behaviour. The expansion in both the number and legal authority of counter-terrorism agencies has been facilitated by politicians who, in an effort to not look weak on the issue of terrorism, approve budgetary increases and laws that fuel the growth of the counter-terrorism industry. In the post 9/11 rush to promote security, only a few brave politicians have attempted to resist the trampling of civil rights that the expansion of the security apparatus inevitably entails.

Besides the obvious problems that come with the “squeezing” of civil society by the security state (since the expansion of the state’s counter-terrorism powers come at the direct expense of the right to privacy and presumption of innocence), there is another downside that needs to be considered: the construction of threats in order to justify the existence of counter-terrorism networks. What is more, this phenomena extends beyond government security agencies and into private enterprise and academia.

In order to justify their existence, security agencies have to be able to identify and counter threats. In some countries the threats are real, as is the need to thwart them. But in much of the world the threat of terrorism is no more than it was in the 1990s, 1980s or 1970s. One such place is NZ. In these countries security agencies have a bureaucratic self-interest in identifying “threats,” because if there are no new threats then the rationale for their role and resource expansion goes out the window. Thus in 2005 the NZSIS identified “home grown jihadis” as the gravest security threat to NZ. A year later it dropped all reference to local Islamic extremists and highlighted foreign espionage networks operating on NZ soil. The following years have seen it highlight foreign-based computer hacking and industrial espionage as sources of concern. Each year appears to bring with it a new threat, even as the others are quietly dropped from annual reports.

Along with state security agencies conjuring up or exaggerating threats, so has an army of private security firms, including open source intelligence providers, security guard outfits and private military corporations sprung up to take advantage of the post 9/11 climate of fear. They bandwagon with state security agencies to emphasize the dangers of terrorism and other threats so as to nurture a client base for their services. The infamous Blackwater (now known as XE) private military corporation is an example of a “one-stop” private contractor that has its own intelligence, airborne, naval and ground units ready to serve both public and private clients for handsome fees (one of their latest ventures is in anti-piracy operations).  Thousands of other such firms now dot the global security landscape, all emphasizing the dangers of  the threat environment in the pursuit of profit. Not only does this industry work neatly with state security agencies’ agendas, but it further squeezes civil society in the measure that its surveillance capabilities and quasi-police powers increase as well.

Even academia is not immune from this trend. Over the last decade “counter-terrorism” centres have sprung up in dozens of universities world-wide. They receive their funding from governments, hold conferences, and churn out reports, books, even specialised journals that are dedicated to the subject (including “Perspectives on Terrorism” and “Terrorism and Political Violence,” although my favorite journal along these lines is “Small Wars and Insurgencies”). Here too the push is on to identify threats so as to justify continued funding. Places like Nanyang Technological University in Singapore, home of the S. Rajaratnam School of International Studies, have dozens of highly paid researchers working on counter-terrorism and threat analysis projects (including one analyst at RSIS who declared that NZ faced a domestic Islamicist threat without ever having been to the country). Since funding for its facilities and personnel is directly related to its threat analyses, NTU has a vested interest in helping ensure that the perception of the global and regional threat environments is that they are variegated and “dense.” NTU is certainly not alone in pursuing the counter-terrorism dollar–this is a world-wide trend.

And of course, there are the countless terrorism “experts” that have sprung up as analysts and talking heads in the corporate media. No matter how tenuous their qualifications for discussing issues of threat posed by terrorism and irregular warfare groups, these pundits materially benefit from the exposure afforded to them by the sound-bite crowd.

Which brings up the thought for the day. Threats to international and national security do exist and terrorism is real. But pragmatic threat assessment and better use of extant security agencies and criminal law to counter terrorism have been overwhelmed by the urge to manipulate the impression of threats for individual, corporate, bureaucratic or political gain. That in turn has seen a shrinking of the civic space and private sphere in inverse proportion to the expansion of integrated (private-public) national security networks.

When money combines with a climate of fear, impressions of threat can be manipulated (if  not invented) in order to pursue profit or bureaucratic power. Threat manipulation in pursuit of corporate self-interest and the expansion of state security apparatuses poses a serious risk to democratic society. In another life long before 9/11 I participated in actual threat assessment exercises for the US government. The ethos then was to call things as they were, objectively, so as to not allow political agendas or ideological bias to divert resources away from real dangers. Now that logic has been reversed: threat mitigation is seen as a potential source of income and power, with the more threats identified the more resources will be directed towards them by political elites and a fearful public. By that logic, counter-terrorism is the mother of all cash cows, and as NZ prepares to host the Rugby World Cup, we can assume that there will be plenty of interested parties working hard to milk it regardless of the real threat environment in which the tournament is held.