Reputation and precedent in the construction of the “spy” story.

This post started as a comment over at DPF’s place.

Reputation and precedent are important referents in the international security business. Israel has a reputation for using sayanim (“helpers” who are Jewish citizens of other states or Israeli travelers who provide information and do tasks for the Mossad in foreign countries out of loyalty to Israel), and are known to send young intelligence officers, often posing as male/female couples, on foreign training missions where they act like travelers. Israel also has a precedent for engaging in covert operations in NZ in the form of the 2004 attempted passport fraud in which there was at least one local “helper” facilitated the Australian-based sayanim’s procurement of a false NZ identity. It has a reputation for using “cloned” foreign passports when undertaking foreign intelligence missions (to include assassinations), and the NZ passport is known to be very valuable on the black market and intelligence circles because of its perceived neutrality. Thus, when 3 surviving Israelis left the country with unusual speed after the Feb 22 Christchurch earthquake, facilitated by the Israeli embassy, warning flags went up at the SIS.

The issue of multiple passports for one victim hinges on the number and the identities and nationalities on them. If there were just two (as the government maintains) for the deceased driver that would be understandable given that Israeli passports are refused in many places and dual citizens routinely use more than one travel document. Even a third passport in the same name is not unusual for someone who has been raised and lived in several countries. But if there was indeed five or six passports as has been alleged in the original Southland Times story, and these had multiple identities as well as nationalities, then things get suspicious. We may never learn the truth of the matter in this regard, but if there were in fact different names and the same photo on more than two passports, then their counter-intelligence value is significant.

The issue of the unauthorised USAR team has to do with the victims’ families desperate attempts to get a focused search going for their loved ones at a time when local SAR was stretched thin and things were chaotic in the quake zone. The families hired a private Israeli USAR team that had the last known locations of the victims as their search target, and this team did not obey diplomatic niceties in securing permission because they were on a very time sensitive private mission. The fact that at least one of the Israeli USAR crew had past military and intelligence ties is no surprise given Israeli conscription and its network of helpers, but means little in this context. As for the Israeli forensic team helping with victim ID–they would have had access to police and other public records as part of their assigned duties with regard to identifying the dead and wounded. If Netenyahu and Key spoke more than once about the quake that would be unusual, but more likely that was due to genuine Israeli concerns with quickly recovering the 3 deceased compatriots for proper burial (since Jews bury their dead quickly).

In any event, given precedent and reputation, the SIS launched an investigation triggered by the hasty exit of the three survivors while the cops did a forensic accounting of their data banks given the access of the Israeli forensic team. The unauthorised USAR team was made to leave, Israeli cultural sensitivities regarding their dead compatriots notwithstanding. The govt says nothing untoward was found by both investigations, and we have to take its word for it unless further revelations come out that contradict the official story. If the Israelis are innocent of any wrong-doing as the survivors claim, then they are just another reminder of how innocents can get caught up in international disputes due to the actions of their governments. They are, in other words, victims of reputation and precedent, not prejudice.

It was unfortunate that PM Key’s original statement on the matter was defensive and obfuscatory, since as Minister of Security and Intelligence he signed off on the SIS investigation and would/should have known the results prior to the story breaking. Had he just fronted on the facts as outlined above rather than clumsily dissemble, the story would have died quickly. But his comments just fueled the speculative fires for several hours until a crafted press release was issued, but by that time the conspiracy theorists and Israel-haters were in full flight.

I think that on this matter, the SIS is to be commended for flagging the hasty exit and moving to investigate the activities of the 6 Israelis leading up to their being in Christchurch on Feb 22, as well as coordinating with he Police with regards to the SAR and forensic teams. That is simply good counter-intelligence tradescraft. But let it also be clear that if the Israelis were on any sort of intelligence mission they would not have left evidence of such on their personal laptops and cell phones. Moreover, since they were unfamiliar with Christchruch, they would have had a local handler to facilitate their mission  much as was the case with the Auckland passport fraudsters. So even if the official response has put the story to rest, there remains enough in the way of reputation and precedent to keep alive in some circles the idea that perhaps there was more to the Israeli’s NZ visit than has been revealed.

On a tangental note, I was bemused by how the media treated my remarks on the story. In every interview I did on the day the story broke (about a dozen), I began by qualifying my remarks with the caveat “IF the story is true, then…”. Several reporters asked me to speculate on what the Israelis would be doing IF they were indeed on an intelligence mission, which is where I brought up the identify theft angle as the most likely possibility. At no time did I assert that I had concluded that they were spies, given that I could only go on the published news reports on the matter. Yet when I reviewed the coverage of the story in the following days, I saw that I had been repeatedly quoted as saying that the israelis “were probably on an identity theft mission” without any qualifiers or caveats attached to the statement. That is simply dishonest or lazy reporting, and led to some commentators claiming that I had jumped the gun with my remarks (including one regular KP commentator who made some silly remark elsewhere that I have a tendency to talk first before thinking. That says more about him then me). So, for the record, let it be clear that all of my comments on the matter were prefaced with the qualifier rather than made as bald assertions of fact.

Spying on Mosques.

Over the weekend the SST published a story about a NZ-born wanna-be jihadi turned NZSIS informant. I have some knowledge of the larger story behind the SST piece, with combines elements of the fantastic with the plausible. One of the plausible allegations is that the NZSIS and NZ Police spy on mosques. We should not be surprised.

Even before 9-11 it is quite possible that the NZSIS and/or GCSB were involved in monitoring suspected Islamic radicals with NZ connections. Several al-Qaeda operatives have been reported to have visited NZ (allegedly using business visas) and others–such as the Yemeni flat mate of one of the 9-11 hijackers–have allegedly entered using student visas. 

After 9-11 and the Madrid and London bombings, a full court press was employed by Western intelligence agencies and their allies to ferret out home grown jihadis and Islamicist sympathisers. This broad sweep approach led to a number of excesses with regard to the detention of innocents and others deemed guilty by association, of which the Zaoui case is just one local instance. The focus on jihadism also gave agencies like the NZSIS a new lease on life after the post-Cold War doldrums, something that provided it with an incentive to increase its intelligence flows to larger liasion partners such as the US, Australia and the UK.  That includes reporting on the  movements of suspected jihadists and sympathisers at home.

Regardless of the realities of the jihadist threat scenario in Aotearoa (which by all accounts is negligible), both the NZ government and its security apparatus had –and have– a vested interest in keeping that focus alive, as it is a guarantee for better funding for intelligence agencies, increased legal authority covering intelligence-gathering operations, and close working relationships with larger allied intelligence patrons. Counter-terrorism, in other words, is a gravy train for the intelligence and security community.

Not all of the focus on potential Islamicists in NZ is illusory. One of the Urewera 18 is a well-known pro-Palestinian activist who has spoken of his interest in fighting the occupiers in Gaza. He associates with others connected to groups such as Students for Justice in Palestine who openly express (at least within their own circles), support for the jihadist cause and other forms of anti-imperialist and anti-Zionist armed resistance. There are a number of Somalian refugees who have been suspected of harboring jihadist sympathies and the resident Muslim community, at around 35,000 strong, is believed to contain more than a handful of people with extremist views. Afghans, Algerians, Iraqis and Iranians have all come under scrutiny by local law enforcement. None of this means that any of the above-mentioned are intent or capable of committing terrorist acts on NZ soil or abroad. What I am simply saying is that it is an open secret that they are being watched. 

More broadly, the Muslim community has internal political divisions that have resulted in charges and counter-charges of radicalism, reports to the police and even the deporation of at least one “radical” cleric. These machinations provide fertile ground for intelligence operators.

This is the backdrop to NZSIS and Police mosque-spying. It is well known that these agencies use paid and unpaid informants as well as undercover agents to monitor domestic groups of other dissident persuasions such as environmentalists and anti-free trade campaigners. It should therefore be no surprise that they would want to do the same in the Muslim community, and that they would focus on major community meeting places in order to do so.

The only real obstacle to such espionage is the lack of “passable” Muslims within the NZ intelligence community (which is not as white as many may think–it has plenty of Pacific Island and Asian officers). Thus it is quite plausible that the NZSIS and Police would seek to recruit from within the local Muslim community, exploiting personal grievances, political rivalries, financial difficulties and general disaffection as a means of gaining leverage on or winning the trust of potential informants.

The pity, of course, is that an entire community is being placed under surveillance because of the perceived “threat” that emanates from within it. No such monitoring appears to have been done to detect IRA sympathisers amid the local Catholic community or in synagogues to detect Israeli agents (at least two of which are now known to have been recently operating in NZ). It is the misfortune of the NZ Islamic community to be caught up in a larger game in which they are mere pawns.

At the end of the day the mosque-spying program is not surprising, nor should it be. It is just a manifestation of what intelligence agencies do, and to be frank, most non-Muslim Kiwis would probably expect that the NZSIS and Police keep tabs on suspected domestic Islamicists. What is surprising is the ineptitude of the whistle-blower’s NZSIS handlers, who rather than provide him with a secure income and better cover dropped him like a bad habit once his services were deemed to expendable. At a minimum they could have exchanged a monetary pay out for a non disclosure agreement. But they did not, leaving an aggrieved former informant on the streets with no restriction on what he can say. Unless he is a complete fantasist that the NZSIS and Police had no relationship with beyond an initial set of assessment contacts (at which point he was deemed to be unreliable), the handling of this informant has been slipshod.

That, in the spy trade, is a an own-goal of epic proportions because, unless his story is complete fiction, the informant has knowledge of sources, methods and operational focus–all of which could well be on its way to being made public in the near future.

The options for the NZIS are to ignore the informant’s claims and hope that he shuts up and goes away, to attempt to denigrate him as a story-teller (to include using third parties for said purposes), to intimidate him, even if via the Police or private agencies (which appears to have already occurred since he claims that Police have raided his home after he went public and that a detective has informed him that his SST revelations could result in charges), and as a last resort, silence him with extreme prejudice. Since the latter is a Mossad rather than NZSIS forte, it will be interesting how the rest of this story plays out because at least some of the informant’s claims have been corroborated.

One thing is certain: the mosque spy campaign and domestic anti-jihadist project have taken a blow and it will now be much harder for local intelligence agencies to obtain information on any real Islamicist threats that may exist on local shores. Because even if this individual is a liar, that does not mean that there are not others working as informants along the lines he has outlined, who will therefore be the subject of much closer scrutiny by their co-religionists as a result of this story.

NZ wiki cable number 2.

This one is arguably better than the last. I say “better” simply because it speaks to intelligence and security issues in the main rather than broader foreign policy or NZ leaderships characteristics, and names key players in the NZ security apparatus (it should be noted that although it is illegal to name various intelligence personnel in NZ public fora, this was a classified internal US government document so the legal restrictions do not apply. Now the document is a matter of public record so the cat is out of the bag, so to speak).
In any event, this one is a veritable gold mine in places. Again, note the distribution list, and thanks to Selwyn Manning and Scoop for doing the original data mining.

08WELLINGTON356
Date: 10/24/2008
175015,10/24/2008 1:29,08WELLINGTON356,Embassy Wellington,SECRET//NOFORN,,VZCZCXYZ0001OO RUEHWEBDE RUEHWL #0356/01 2980129ZNY SSSSS ZZHO 240129Z OCT 08FM AMEMBASSY WELLINGTONTO RUEHC/SECSTATE WASHDC IMMEDIATE 5491INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 0442RUEHBY/AMEMBASSY CANBERRA PRIORITY 5291RUEHBUL/AMEMBASSY KABUL PRIORITY 0069RUEHLO/AMEMBASSY LONDON PRIORITY 0209RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0192RUEHOT/AMEMBASSY OTTAWA PRIORITY 0336RUEHUL/AMEMBASSY SEOUL PRIORITY 0309RUEHKO/AMEMBASSY TOKYO PRIORITY 0725RUEKJCS/OSD WASHINGTON DC PRIORITYRUEAIIA/CIA WASHINGTON DC PRIORITYRHHMUNA/CDR USPACOM HONOLULU HI PRIORITYRHEFDIA/DIA WASHINGTON DC PRIORITY,”S E C R E T WELLINGTON 000356 NOFORN SIPDIS STATE FOR EAP/ANP AND INR/FO E.O. 12958: DECL:

10/23/2018 TAGS: PINR, PREL, NZ SUBJECT: A/S FORT’S OCTOBER 9-10 VISIT TO NEW ZEALAND Classified By: Pol/Econ Counselor Margaret B. McKean; Reason 1.4 (b), ( c), (d) 1. (C) Summary. During an October 9-10 visit to New Zealand, INR A/S Randall Fort met with members of the External Assessments Bureau (EAB), the Chief Executive of the Prime Minister and Cabinet’s Department, Ministry of Foreign Affairs and Trade Deputy Secretary Caroline Forsyth, and officials with New Zealand’s Government Communications Security Bureau (GCSB). GNZ officials praised USG efforts to improve intelligence sharing, particularly with respect to imagery. GNZ interlocutors acknowledged that New Zealand gains enormous benefits from being part of the Five Eyes intelligence community. A/S Fort’s message focused on the increasing sophistication of commercial search engines and the growing number of open source analyses available to policymakers. In the future, the intelligence community must find ways to differentiate their products and provide value added to policy makers, argued A/S Fort. He also discussed the issues surrounding cyberspace and national security. Key issues for GNZ officials centered on the recent Georgia/Russia conflict, Iran, Iraq, Pakistan/Afghanistan, North Korea and the Pacific region. End Summary. Security of Public Sector Computers is Key Concern ——————————————— —– 2. (C) INR Assistant Secretary Fort visited New Zealand on October 910, accompanied by other INR staff. Meetings with GNZ officials included calls on Gregory Baughen, head of New Zealand’s External Assessments Bureau (EAB), working sessions with EAB officials, a meeting with Bruce Miller, Deputy Director of New Zealand’s GCSB, and a a call on Michael McBurney, Deputy Director of New Zealand Security Intelligence Service (NZSIS). Discussions with EAB working level staff and analysts from other government

offices focused on the recent Russia/Georgia conflict, North Korea and northeast Asia, China, Iran/Iraq, Afghanistan, and the Pacific region. 3. (S/NF) During his visit, Fort called on Chief Executive of the Department for Cabinet and Prime Minister’s Office, Maarten Wevers, who manages a staff of 120, including Domestic and External Security groups, the PM’s policy group, and Wevers also oversees New Zealand’s intelligence committee. Wevers likened his Department to the National Security Council in terms of breadth of coverage and responsibilities. He noted that EAB’s operations are highly compartmentalized and EAB reports are tightly held within Cabinet, with few Ministers seeing them. He explained that New Zealand’s contribution to the Five Eyes intelligence community consists of two monitoring stations; one in the northern end of the south island, and the other on the north island near Wellington. Wevers offered that the GNZ recognizes that it is a “”enormous beneficiary”” of the Five Eyes community and lauded the good bilateral relations on intelligence sharing, including recent strides in imagery sharing. He added that New Zealand was “”well past the military issues”” of the past. A/S Fort hoped the additional access would prove useful to New Zealand; the amount of information and management of the information can be a challenge. Wevers commented that intelligence and assessments may mean something different to New Zealand than to other Five Eyes partners. Often there are significant differences with Australia, he added, as New Zealand is a more Pacific country than Australia and the latter is not always attuned to Pacific developments. 4. (C) A/S Fort spoke about the challenges for intelligence analysts posed by the rapid growth of commercially available analytic services outside government and the sophistication of search engines such as Google and Yahoo. The information needed by policymakers is increasingly available outside government,

and the size of outside companies or groups is not a factor. Smaller can be very nimble; the quality of the analysis is key and the intelligence community must increasingly look to match outside services and provide additional value added to remain relevant, affirmed the A/S. 5. (C) Fort turned to issues involving cyberspace and the Comprehensive National Cybersecurity Initiative (CNCI), which will begin with the Five Eyes and then move to NATO countries. Security is part of the issue, but the A/S also stressed the relevance to finance and defense. Even small countries can benefit with a relatively small contribution towards equipment and personnel. Regarding deterrence, he mentioned that there are analogues to nuclear deterrence but the international community is only beginning to think about cyber threats in similar fashion. Wevers noted that the GNZ is seized with the issue of cybersecurity, and f is working with the PM’s Department to protect the public sector computer system and analyze the range of risks. 6. (C) In discussing the Pacific and Chinese activities in the region, Wevers said that China has recognized that their competition with Taiwan is not helpful, but their foreign affairs officials are not always aware of what others in the Chinese government are doing in the region. Venezuela and Cuba are now coming into the Pacific, and Wevers likened their interest to that of the Russians in the past. A/S Fort mentioned that the backtracking of democracy in the broader Pacific region (Fiji, Thailand, Philippines, Malaysia) was a Washington concern. The region is more fragile today than 10 years ago, he opined, and urged a coordinated approach by the stronger and healthier democracies. Wevers offered that APEC remains an important regional mechanism and the East Asia Summit, which includes India, is another good venue for raising issues. Wevers added that China is only now realizing the very significant law and order problem

within China, as people are making money illicitly without any sense of the rule of law. The metamphetamine problem in the region can be traced to China, continued Wevers, and the precursor chemicals are coming into New Zealand and other countries in large containers that are difficult to stop. Meeting with MFAT Deputy Secretary Caroline Forsyth ——————————————— —— 7. (S/NF) DepSec Forsyth welcomed A/S Fort’s visit, stating that the GNZ values its contacts with the Washington intelligence community. The twice-weekly CIA-Commonwealth briefings are very useful, but the Five Eyes provides greater depth. She added that intelligence reports go to the PM’s office, who “”absorbs”” the paper. A/S Fort explained that the State INR Bureau is relatively small, and therefore focuses on core issues. Currently, Washington policymakers are focused on the longer term implications of the recent Russia/Georgia conflict and what is holds for Russia’s future and adherence to international norms. With North Korea, the Six Party Talks are the central issue, but also Kim Jong Il’s health and possible successor. Afghanistan’s trend lines are worrisome, he added, particularly due to the link with the Federally Administered Tribal Areas (FATA) in Pakistan. Pakistan’s transition to civilian leadership is being watched closely in Washington, noted the A/S. He and Forsyth discussed Iranian nuclear pretensions and possible Israeli reaction. A/S Fort offered that Israel is likely to strike if the government of Israel believes Iran has met their red lines; an Israeli strike against Iran would be more complex than those launched against Iraq and Syria, he said. A/S Fort added that the US-India nuclear deal was an historic diplomatic achievement for the Secretary. Responding to Forsyth’s question, Fort downplayed Venezuela as a threat to USG interests and characterized Chavez as more of an annoyance with limited political influence within the region. 8. (S) Forsyth praised the US-New Zealand bilateral

relationship, noting that the highlight of the year had been the Secretary’s visit to New Zealand and onward travel to Samoa, which had provided a window into the challenges facing the Pacific, particularly to the micro-states of the region. New Zealand views the situation in Fiji as “”acute,”” and appreciates USG support for the Pacific Island Forum (PIF) position on Fiji. A/S Fort commented that GNZ sigint had been critical to USG understanding of the 2006 coup. Forsyth offered that New Zealand sees an arc of instability in Melanesia, as there is a great deal of money but little to no capacity to use it wisely. The Solomon Islands are under control at the moment but there are still significant problems in terms of governance and corruption. The GNZ is weighing the necessary structural changes needed to make a long-lasting improvement in the SI society so that RAMSI security forces might depart. Vanuatu is coping for the moment, she added, and New Zealand is putting significant assistance towards agricultural projects there. 9. (S/NF) Moving to North Korea, Forsyth asked if the stalled progress on the Six Party Talks was linked to a DPRK assessment that the U.S. election aftermath might offer a better deal. A/S Fort replied in the negative, noting that foreign policy continuity is the norm. Oscillation is part of the DPRK strategy, he added, and the current situation is complicated by Kim Jong Il’s health issues and the succession process. Kim Jong Il played off the former Soviet Union and China to his benefit and may be trying to use the U.S. in the same way as the Soviets. China’s role has been constructive, continued Fort, largely because Beijing does not want to see a nuclear Korean peninsula and the ramifications of a northeast Asian arms race. The A/S mentioned that North Korea faces a food crisis despite World Food Program assistance. Forsyth said that the New Zealand high commissioner in Seoul would be going soon to North Korea for a periodic visit. 10. (S/NF) The MFAT

Deputy Secretary asked for A/S Fort’s assessment of Afghanistan and Pakistan. New Zealand has troops stationed in Bamiyan province and the GNZ is concerned over the malevolent influence from the tribal areas of Pakistan, particularly since the international community has been trying to transform Afghanistan into a state since 2001. Fort responded that Afghanistan will be an enduring challenge for generations requiring cultural changes. The U.S. is determined to be more aggressive in addressing Taliban cross-border operations, and is weighing the political costs with Pakistan. Forsyth and Fort discussed prospects for the Indian government to improve its relations with Islamabad to ease pressure on the Pakistan army to fight insurgents in the FATA. Comment ——- 11. (C) GNZ interlocutors were pleased to have the opportunity to discuss a range of global issues of bilateral concern. All meetings focused on GNZ support for the intelligence sharing partnership and, in particular, the singular role of Prime Minister Clark in ensuring good cooperation. As of this writing, the New Zealand HC based in Seoul has already returned from her trip to the DPRK; we will try to get a readout from MFAT. End Comment. 12. (U) A/S Fort has cleared this message. MCKEAN”,24/10/2008

Playing us for suckers.

John Key has announced that changes to the SIS enabling laws that will expand its powers of surveillance of cell phones and computers as well as its use of electronic tracking devices will be pushed through parliament before the Rugby World Cup. He claims it is necessary to do so because “many world leaders” will be visiting during the RWC and appropriate security measures must be in place that require changes to the 41 year old SIS charter. The Privacy Commission advised for a three year review of the pertinent laws but was ignored.

This is the second time that Mr. Key has used the RWC to justify a modification of a security measure, the first being the withdrawal of the NZSAS from Afghanistan in 2011 because they are needed for duty at the RWC. Just as it is ludicrous to believe that NZ’s most elite troops would be used as guards or stand-bys for a sporting event held in Aotearoa, it is also an insult to the NZ public intelligence to claim that the RWC is the reason for the law changes that expand the SIS powers of search and surveillance.

The changes are actually just another continuation of the steady expansion of the NZ security apparatus over the last ten years. It runs in parallel with the proposed Search and Surveillance Bill, which gives wiretapping and eavesdropping authority to a range of local and national agencies that have nothing to do with security. Each year the SIS budget increases, as does its personnel. Police intelligence has also increased in numbers and seen its role expanded. The question is, first, what threats exist now that require such an expansion of the coercive powers of the State?  Are these threats of such a magnitude that basic civil liberties must be curtailed in the purported interest of national security? If so, why are they not publicly identified and enumerated so as to raise public awareness of them? If not, why, in an age of public bureaucracy down-sizing and privatisation, is the repressive apparatus growing, especially in its internal dimension?

Truth be told, all claims about terrorists notwithstanding, from where I sit there appears to be very little in the way of new, imminent and developed threats that constitute a clear and present danger to NZ national security so as to justify the continued expansion of the repressive apparatus at the expense of civil liberties.

We will never hear an answer to the questions I have just posed because John Key says that “it is not in the public interest” for hearings on the proposed changes be open to scrutiny. Instead, submissions on the proposed changes will be open to the public but the hearings on them held in private because–you guessed it–it was “not in the interests of national security” for the hearings to be heard openly. In sum: for John Key, the public logic is that for the sake of a one-off athletic event that is limited to a handful of former rugby-playing Commonwealth countries and some joiners (unlike more universal competitions like the World Cup, the Olympics or Commonwealth Games), the entire fabric of (mostly domestic) intelligence-gathering must be expanded and domestic liberties further curtailed.

One wonders what National’s  private logic is.

What are Mr. Key and his pipe dream team smoking that he can bald-faced say such utter nonsense and expect the NZ to be so gullible as to believe him? Or is the NZ public that stupid that it will believe that these proposed law changes are needed to protect visiting world leaders at the RWC and are so sensitive that their merits cannot be debated openly? Does he think that Kiwis do not care about legislation that curtails their basic rights, or that they believe that it is best to allow the government to just push through tougher ‘anti-crime” laws without public debate?

It could well be the case that the proposed changes are due to the fact that advances in telecommunications have allowed criminal and extremist groups to transfer funds and send instructions more easily and securely in and out of NZ. It could well be that criminal and extremists groups are scheming and plotting in NZ, and the proposed law changes will allow the SIS to better counter them. But that should be publicly explained and justified, not considered privately within the confines of the Parliamentary Security and Intelligence Committee, which is comprised of a grand total of 5 people and in which the government has the majority.

The bottom line is that the proposed legislation has nothing to do with the RWC and all to do with an ongoing expansion of the State’s powers of coercion at a time when its ideological apparatuses are increasingly failing to reproduce mass consent to the elite’s preferred ideological project. Having supported the equation of dissent with terrorism while in Opposition during the 5th Labour government, National is keen to ramrod more encroachments on basic rights in pursuit of the challenged elite project. Having eroded the right to organise and collectively defend worker’s interests while opening up the country to a variety of investors, yet having its hopes for asset sales to foreigners  and de-regulated mining on public lands thwarted by public resistance, National has turned to the old canard of “security” to dupe the public into giving up more rights to the State.

Raising the spectre of security threats provides a convenient cloak for the assertion of State powers of control and punishment on all those who challenge it, criminal or benign. That is why Mr. Key wants hearings on the proposed changes to be held behind closed doors, because if they were made public then open challenges can be made to the justifications for an expansion of SIS powers as well as the underlying reasons for them.

Mr. Key and his minions must be resisted as the closet authoritarians that they are.  In democracy. law changes need to receive a full and open airing, it is changes to security and intelligence laws that threaten the fundamental rights that lie at the heart of democratic society. The proposed changes are one such instance, which makes it too important a matter to be left to the privacy of the Parliamentary Security and Intelligence Committee in the run-up to the RWC. Mr Key cannot have it both ways: either he believes in democratic accountability when it it comes to national security matters and its impact on fundamental rights and restrictions on them, or he believes in elite perogative, to include the issue of balancing of security and rights.

The only way to find out is to force him to choose, and for that to happen requires an Opposition that understands–surprise, surprise– that political advantage can often be gained by standing on principle. One can only hope that is now is such a moment of realisation for Labour, even if it means turning on the monster that it created nearly ten years ago.

Outsourcing Counter-Espionage.

The SIS recently released its 2008-2009 annual report. I will be analyzing it in further detail in a future “Word from Afar” column over at Scoop. However, I thought I would provide readers with a glimpse of one aspect of its activities that called my attention.

On page 14 (out of 29) of the report, in the section titled “Intelligence and Advice to Government,” under the heading “Counter-Espionage,” the following quote summarizes the SIS approach towards countering foreign espionage activities in NZ: “The Counter-Espionage (CE) efforts identifies and frustrates acts of espionage against New Zealand or New Zealanders. We give advice to internal and external stakeholders and disrupt, where appropriate and usually via a third party, espionage activities prejudicial to New Zealand’s national security” (emphasis mine).

Beyond the fact that the SIS does not mention whether, in fact, any foreign espionage actually occurred during the time period in question (I would assume that it did), much less the precise nature of such activities, two points in that sentence are worth noting. First, the mention of external stakeholders. Who might they be? It is obvious who the internal stakeholders are-the government and other NZ agencies. But who, exactly, are the external stakeholders? Who would have a “stake-holding” interest in foreign espionage activities in or involving NZ: Australia? France? The US? UK? Private agents/ies?

That brings up the second and more interesting point. The SIS claims that it usually disrupts foreign espionage via “a third party.” Again, who is this party or parties? We can assume that the SIS uses the Police, the GCSB (for electronic and technical counter-measures), the NZDF and perhaps Customs and other government security agencies as part of this effort (since it would be alarming if it it used just one third party for all of its counter-espionage “disruption” tasks). But does the reference to third parties include foreign governments and/or private or non-governmental agencies such as private security firms? Given that private security agencies have recently spied on environmental activists on behalf of  public and private corporations in NZ, it is not a stretch to wonder if this type of out-sourcing is also used by the SIS. Such a privatization of intelligence operations opens a potential cans of worms with regards to civil rights and the blurring of the lines between proper governmental authority and profit-driven interest. If indeed private agencies are used for counter-intelligence operations, who are they? Does that include foreign firms as well as NZ privateers (such as Xe, the re-branded name for Blackwater, which has its own intelligence and counter-intelligence branches)? Hence, an explanation as to who are these third parties appears to be in order (not that I expect that we will receive one).

Moreover, could it be possible that the SIS also contracts to foreign governments counter-intelligence tasks on NZ soil or on behalf of NZ “interests?” Is that not a violation of sovereignty? Or is it simply expedient to do so given NZ’s lack of capabilities in this field?  Does the public have a right to know about such things? More specifically, does the parliamentary committee on intelligence and security (all 5 members) have knowledge of who these third parties are? If so, are they content with the arrangement, and on what specific grounds (such as oversight and accountability)? Again, the questions raised by this simple mention in the SIS report are both numerous and troubling.

I will leave for the larger essay the implication that the SIS does not have the capability to engage in counter-espionage operations on its own, particularly in its human component. That is worrisome in itself, but also is the reason for the third party outsourcing.

The full report is here: http://img.scoop.co.nz/media/pdfs/1002/nzsisar09.pdf

The SIS burlesque

The decision by SIS Director General Warren Tucker to authorise release of decades-old secret files on activists, unionists and academics is a welcome, albeit small step towards instilling a culture of accountability and transparency in that agency. But the documents released are at best no more than of personal interest to the individuals involved and historians of the Cold War era (as they show the anti-communist paranoia of the times), and at worst a diversion from SIS activities in more recent days. It is all titillation, with the real items of interest left to the imagination. 

For example. We still do not know why indigenous and anti-globalisation activists have been targeted since the 1990s (including the Urewera 17); why the SIS was unaware of the presence in New Zealand of a the Yemeni student pilot (and associate of some of the 9/11 conspirators) until alerted by (of all people) Winston Peters (who got his tip from a flying school manager months after the student pilot began his training); why, even though it is responsible for counter-intelligence matters,  it was unaware of the Israeli contract assets and their sayan (local Jewish liaison) Tony Resnick (who procured the identity of the individual in whose name the fraudulent–but official–passport was to  be issued, and who escaped to Israel before  the SIS was even aware of the operation (which was discovered by a low-ranking Immigration officer who notified the police, who set up a sting on the assumption it was a simple criminal matter)). We do not know why Mr. Tucker’s predecessor decided to concoct a worse-case picture of Ahmed Zaoui in order to justify his detention without charges for nearly two years–a picture that proved to be false and which forced the government to abandon its attempts to prevent Zaoui from settling in NZ after spending millions of dollars on Crown lawyers vainly trying to make the case against him (and then allowed the previous Director General to walk away with a golden handshake and another high level government job). We still do not why, in 2005, the SIS claimed that the greatest threat to NZ came from “local jihadis” akin to those in London and Madrid, but then a year later dropped any mention of local jihadis in favor of the claim that foreign intelligence agencies operating on NZ soil were the primary focus of its attention–this despite the fact that no “jihadi” arrests were made and no plots were disrupted, or the subsequent fact that, in spite of repeated defector claims that Chinese intelligence works with ease in NZ engaging in industrial and political espionage as well as monitoring Chinese expat dissidents, nothing other than computer security upgrades appears to have been done in response (and  no Chinese spies have been arrested, or if they were, were quietly deported in contrast to the Israeli case). We still do not know why the SIS attempted to smear its critics when confronted on issues of policy, politics and threat assessment (the Zaoui case is illustrative), when in fact that criticism is ostensibly a democratic right of all citizens ( a smear campaign that may well have included the deliberate and selective planting of false information in order to subsequently discredit the outlets that published it). In sum, by giving us old news the SIS avoids the hard questions about what it is doing now, or at least more recently.

The point is simple: it is great that Mr. Tucker has started to open up his agency to public scrutiny. On that score he is to be commended and encouraged. But he needs to do more. He needs to shorten the time window before secret files can be made public (say, ten years). He needs to address the SIS’s failures and explain what he proposes to do to remedy them, as well as why its expanded powers and organizational reach is justified (after all, the SIS has seen its budget almost double and its personnel increase by a third since 2001). He does not have to compromise any ongoing operations or past associations should the interest of national security require continued secrecy. But if public confidence in the professional competence of the SIS is to be maintained (or restored), then he needs to come clean on the why and how of the SIS’s spotty track record as well as how it proposes to embrace the intelligence challenges of the next decade. In order to do so, he may need a signal from the government, and for that to happen the government needs to have an understanding of the intelligence collection, analysis and dissemination process. That remains to be seen, no matter what Mr. Tucker’s good intentions may be. After all, good intentions are not enough to change a dysfunctional institutional culture, and that appears to be precisely what Mr. Tucker inherited.