Category: Intelligence and Security

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Trust in spies.

A recent TVNZ Colmar Brunton poll showed that 32 percent of those surveyed had little or no trust in New Zealand’s intelligence agencies, 32 percent had much or complete trust in those agencies, and 33 percent were lukewarm either way (with 3 percent undecided). That means that 65 percent of respondents were less than strongly trusting of New Zealand’s spies. This is a remarkable degree of public skepticism of intelligence organizations in a democracy.

The Prime Minister has said that the New Zealand intelligence community has to work hard to regain public trust. He is wrong, or is just being politically polite.

Unlike agencies such as the Land Transport Authority, Police, Fire Service, Health Boards, WINZ and Education, which provide direct goods and services to the public and which depend on public trust in order to operate efficiently (notwithstanding the well-known problems afflicting at least some of these “direct provision” agencies), the intelligence community need not concern itself with expressions of public trust. That is because the service that intelligence agencies provide as ostensibly commonweal organizations (i.e. ones that serve the universal public interest), although for the general good in the last instance (at least theoretically), is not provided directly or even openly. Instead, the intelligence agencies answer to the government of the day as the representative of the public will and provide their collection and analysis skills to the government for the national good as defined by their charter and the government’s interpretation of it.  They do not need the public’s trust in order to operate efficiently because most of what they do is away from the public eye.

Thus, in the first instance, the trust of the government is what matters for the spies. In this the intelligence community has an advantage because politicians elected into government are generally not conversant with intelligence matters and therefore are susceptible to espionage agency “capture:” the information that the spies provide gives the political elite a privileged window on the world, so they are most often reluctant to critically dispute the view.

More importantly, New Zealand’s intelligence sharing partners must have strong levels of trust in its spies. Without that, New Zealand’s access to allied intelligence sharing may suffer because foreign partners will be reluctant to risk placing sensitive information in the hands of untrustworthy people. The saving grace for New Zealand’s spies is that the years of relationship-building with its intelligence partners could allay the latter’s fears of incompetence or unprofessionalism on the part of the former.

On the other hand, even long standing relationships can be damaged by breaches of trust. This could well be the case in the wake of the Dotcom scandal, where the case against the internet magnate is crumbling in light of disclosures of illegal warrantless wiretapping by the GCSB (which makes evidence collected by those wiretaps inadmissible). Between the GCSB’s failures to follow its own basic protocols with regards to eavesdropping requests from sister agencies, coupled with the over the top nature of the raids on Dotcom’s residence (which included the presence of armed FBI agents and the detention of women and children by armed police), it is unlikely that any NZ judge will grant the US extradition request. That means time and resources spent by the US and NZ on pursuing the case against Dotcom will be for naught.  The GCSB failings are bound to be noted by New Zealand’s intelligence partners, who will wonder about the assurances given by the GCSB and Police (and more than likely the SIS) that their course of action would not be subject to legal challenge or public scrutiny.

The bottom line is one of vertical and horizontal accountability. In democracies, governments are held accountable by the electorate (expressed both individually and collectively). That is the vertical dimension of accountability. Under that government, public agencies are accountable to each other via a system of checks and balances. That is the horizontal dimension of democratic accountability, which is used to cultivate the public trust that is key to vertical accountability.

In New Zealand there is very little horizontal accountability between the intelligence community and other parts of government, to include parliament and the judiciary (and perhaps even the executive in specific instances). This makes its agents (to include the GCSB and SIS) even less vertically accountable than in most liberal democracies, where oversight, compliance and accountability mechanisms are much better developed.

As a nation-state New Zealand is also accountable to its diplomatic and security partners. That is another facet of horizontal accountability, writ large. New Zealand’s foreign partners must have trust in its diplomatic, military and espionage agencies in order for their mutual relationships to prosper. So long as they do, domestic trust is of secondary importance. But for that to happen, New Zealand’s intelligence community must be able to deliver on what it promises, which means that it must offer iron-clad guarantees that its activities will not be the subject of contentious public or political debate that can jeopardize ongoing intelligence collection and analysis operations

Thus, on the one hand, the poll results are not as worrisome for the government as may appear at first glance. So long as the New Zealand intelligence community and its component parts have the trust of its allies, then it will suffer no harm as a result of the public loss of faith in it. But should foreign partners come anywhere close to exhibiting the flat bell curve of trust that characterizes the results of the TVNZ survey, then New Zealand could well find itself excluded from at least some of the sensitive intelligence flows that are the ostensible reason for its participation in the Echelon/Five Eyes network, to say nothing of the wider intelligence community of which it is part.

As for the domestic side of the equation: a nation of sheep is led by the sheep dog.  The sheep dog is the government, of which intelligence agencies are part. The shepherd is the institutional system of checks and balances that govern intelligence gathering and analysis, to which the government of the moment is subject. Absent such effective oversight, compliance and accountability mechanisms, sheep are always at the mercy of an unrestrained and unaccountable dog.

 

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Deconstructing the US Terrorism Meta-narrative.

Broadly speaking, the way in which terrorists have been depicted in the US has some interesting, contrasting themes. White native-born (male) individuals who commit acts of politically-motivated lethal violence are generally depicted as marginalized sociopathic psychos rather than as individuals acting out of sincere ideological belief (I say “sincere” because homicidal individuals often attach themselves or attribute their actions to political causes without fully subscribing to the ideological precepts underpinning them). This lumps this type of terrorist in with genuinely insane psychopaths and allows the state to address their acts as criminal offenses rather than as political crimes.

For example, the Unabomber, Oklahoma City bombers and Atlanta Olympics bomber all acted out of sincere ideological conviction (Unabomber Ted Kaczynski published a 35,000 word manifesto of his beliefs). Yet, they were treated by the justice system less like al-Qaeda style fighters and more like the criminally deranged Tucson shooter who wounded Congresswoman Gabrielle Gifford and killed six others.

In the 1960s and 1970s groups like the Black Panthers, Symbionese Liberation Army and Weathermen were treated as guerrilla groups, which by definition recognizes that their challenges to authority are based on contrary political ideologies. These groups marshaled their opposition to the White Anglo Saxon Protestant Capitalist (WASP/C) status quo along racial and class lines. The used an unconventional war of position to convey their counter-hegemonic resistance to things as given. Because of this, the state saw them as an existential threat that challenged the socio-economic, cultural and political parameters of US society. They were treated accordingly, which in some cases slipped into extra-judicial punishment.

The predominant US born white male terrorist profile is that of a loner or small cell member whose ideological foundation is at the core of the WASP/C value system. The WASP/C terrorist believes in individual choice and natural rights in a free market unencumbered by tyranny. He may believe in God, a preferred religion and/or racial hierarchy. He despises the central (federal) government, foreign agencies and often times large corporations.

In effect, his armed critique of the system comes from deep within rather than from without. He sees the usurpation of traditional values and hierarchies as evidence of terminal moral decline, and he feels compelled to stand against it. He is a modern Minuteman.

This is why the WASP/C terrorist is treated like a psychopath rather than as a guerrilla or unconventional fighter. His values are too “close to the bone” of the US belief system to be treated first as an ideological critique rather than as deranged.  Instead, the WASP/C terrorist is profiled as having severe unresolved personal issues, to include sublimated or repressed sexual urges that are eventually expressed through anti-social violence. However he is portrayed, his political motivations are downplayed in favor of flawed personal psychological traits.

In recent times the terrorist challenge in the US has been seen by the state as coming from foreign-based Muslims and their domestic supporters. These have been treated much in the way the guerrilla groups of the 1960s and 1970s were. They are depicted as having an ideology that is anathema to the American way of life. They are held to hate US values and its freedoms. The fight against them is framed in existential and civilizational terms. Focus on the criminality of their acts is shared by focus on the ideological reasons for them. They are considered to be ideological enemies as much if not more than as criminals.

The two-track meta-narrative on terrorists allows the US to reaffirm its core beliefs without subjecting them to re-examination. It reinforces the dominant ideology by differentiating between criminal and political violence along lines that do not challenge core WASP/C values and beliefs, which are now shared by non-WASPs and WASPs alike (popularized in the “anyone can make it here” credo epitomized by the Obama presidency).

Although it is easy to see why the US would adopt this meta-narrative on terrorism, it is unfortunate. It creates two standards of justice, one political and one criminal, with which to treat terrorists. This is inimical to the equal justice underpinnings of liberal democracies and paves the way for the creation of parallel judicial systems such as that seen in the Guantanamo Bay military tribunals.

It would seem preferable to treat all terrorism as criminal offenses. The issue is not whether the perpetrators are foreign or domestic. The type and location of the crime is what matters, and issues of nationality or domicile are at most the justification for extradition requests. Political or psychological reasons can be offered as an explanation for why terrorist acts were committed, but they cannot be used for the purposes of meting our different standards of justice. That has the benefit of reassuring friend and foe alike that the focus will be on the crime, not the cause.

That, in of itself, can be a significant deterrent to those who would otherwise pursue terrorism as a form of political expression.

Postscript: It will be interesting to see which narrative emerges with regard to the Chechnyan brothers involved in the Boston bombings. Home grown, self-radicalized small cell jihadis, part of an international al-Qaeda plot, or siblings with some creepy inter-personal dynamics? The rightwing US media already see the Muslim -bashing angle as the preferred interpretation, but the official government response (so far) is to not be as quick to attribute ideological rather than criminal intent to their actions.

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Media Link: More GCSB weirdness.

I was interviewed on Radio NZ about the controversy surrounding the appointment of Ian Fletcher as GCSB director. I had to leave out a number of important points like the need for objectivity and political neutrality in intelligence operations, or how the PM could have had a surrogate reach out to Fletcher rather than get personally involved in his selection. Otherwise, the gist is here.

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With stereotypes, timing is everything.

Richard Prosser’s xenophobic and bigoted remarks about Muslims (which are not racist, since he was targeting a religion, not an ethnic or racial group) has rightfully met with wide-spread opprobrium. More than a comment about Muslims, his remarks say a lot about him on several levels. Let’s just leave it at this: That he was prompted to air his views by having his pocket knife confiscated at an airport security gate, then actually took the time to write out his thoughts in a magazine op-ed, make it clear that somewhere in Aotearoa a village is missing its idiot, and that idiot has been found spending lots of time in the Beehive.

However, the current repudiation of his views has not always been as wide-spread, and in fact his appeal to negative Muslim stereotypes was, if not all the rage, widely accepted just ten years ago.

Consider that when Ahmed Zaoui attempted to seek political refuge in New Zealand in late 2002, his arrival was met with official alarm and a chorus of exactly the sort of xenophobic invective that Prosser has voiced. The Fifth Labour government branded him an “Islamicst” with ties to al-Qaeda, then worked with the SIS to manufacture a “terrorist” case against him in order to justify his indefinite detention and eventual expulsion. It even changed domestic spying laws and created new anti-terrorist legislation (both still on the books and enhanced by National) so as to counter the Islamicist threat. The SIS went so far as to claim in its 2005 annual report that local jihadis and their sympathizers were a serious threat to New Zealand, only to drop the claim entirely in the 2006 report.

Zaoui was not the only Arab who got the heavy treatment. In 2006 Rayed Mohammed Abdullah Ali, a Yemeni-Saud flight school student overstayer, was summarily deported and handed over to Saudi security officials after he was caught (apparently following a tip-off to Winston Peters from a member of the public related to Ardmore Flying School). Despite concerns about his fate once he was turned over to the Saudis, he disappeared after being placed in their custody. The Fifth Labour government, through then-Immigration Minister David Cunliffe, refused to comment on his whereabouts or well-being and did not seek assurances from the Saudis regarding his treatment. As a justification for his summary deportation under escort, the Fifth Labour government claimed that he was a threat to national security, with his alleged “crime” being that he briefly flatted and shared pilot training with one of the 9/11 hijackers. No evidence has been produced to suggest that Abdullah Ali was aware of, much less involved in, the 9/11 conspiracy. Yet in the eyes of the New Zealand authorities at the time, relying in part on disputed FBI reports, he was guilty by association.

Shortly after Zaoui’s arrival Winston Peters, who now says that there is an element of truth to Prosser’s remarks but that his choice of words was unwise, demanded that Zaoui be expelled forthwith and went on to say that the NZ Muslim community was a “hydra” with extremist cells within it. Along with NZ First, National supported Labour on the Zaoui matter. Only the Greens questioned the official narrative (and Keith Locke needs to be congratulated for his staunch defense of Zaoui’s rights). Eventually, and with the help of some steadfast supporters and a few critical media types, the courageous work of Deborah Manning, Richard McLeod and Rodney Harrison destroyed the government attempt to frame and scapegoat Mr. Zaoui. After nearly five years the case against Zaoui was withdrawn and he was set free (he now runs a kebab place on K Road). For a good documentary overview of the case, see here.

My point is that timing is everything when politicians choose to stereotype so-called “out” groups. Back then Islamophobia ran rampant and it was fine if not fashionable to Muslim-bash, which the Clark government did adroitly and with aplomb. It did so by being subtle in its talk and thorough and focused in its actions. It publicly maintained it had nothing against Muslims or Islam, yet ordered its security apparatus to increase its surveillance of Muslim males (something that is ongoing) and enacted draconian security legislation with an eye towards the purported Islamicist threat to NZ (although truth be told, it first tried to use its new anti-terrorist legislation against the Urewera 18, and we know how that turned out).

Today all of that is water under the bridge although the laws remain on the books. NZ Muslims are no more of a threat today then they were a decade ago, but with the exception of the usual right-wing fanatics ranting in the blogosphere, the public mood is largely relaxed on the issue of the danger to NZ posed by Islamic extremism. Most politicians understand that even in election years scapegoating Muslims is now a losing campaign strategy. Thus Prosser is being made to wear a hair shirt over his contemporary remarks when he would have been applauded as a non-PC realist just a few years ago.

I would simply say that more than his stupid words, his timing if off. Politics is the art of hypocrisy disguised as righteousness, but the key to a successful disguise lies in the timing of the public posture. The Fifth Labour government timed its stereotyping just right, which allowed it to curry favor with its Western security partners in the anti-Islamic crusade by strengthening its anti-terrorism laws and internal security legislation. Zaoui was the precipitant and scapegoat used to that effect.

Prosser, on the other hand, is simply an uncouth political neophyte spouting rubbish at the wrong time. Had he made his remarks ten years ago he would have fared far better in the court of public and political opinion.

 

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Familiarity becomes Contempt.

Johns Key’s answers to the “mystery” of the US Air Force executive jet parked at Wellington during Hobbit mania gives us a good indication of his attitude towards the public and the press. Although the plane was misidentified several times by reporters as a private plane, it is in fact part of a fleet of US Air Force transport aircraft that are used regularly to fly high level politicians and bureaucrats to foreign meetings. The make, model, livery, insignia and identification number would have been readily recognizable to plane spotters, so Mr. Key was correct in saying that there was no secret to its visit. It was how he answered the question of who the visitors on the plane were that gives an indication of his current mindset.

His initial response is that he did not know who was on the plane or the purpose of its visit. He said he may have seen the name of a visitor on a piece of paper but could not recall it. As Minister of Intelligence and Security that would seem to be an odd thing to say, especially since it played (now apparently purposefully) on the “brain fade” impression he developed as a result of his forgetfulness about the Dotcom/GCSB illegal espionage case.

What is puzzling is that he could have said any number of things: that he did not discuss intelligence and security matters in principle; did not discuss “quiet” visits by foreign (US) officials as a matter of policy; did not discuss the visits of foreign intelligence officials; or that he could not confirm or deny the presence of any such on NZ soil. It would be the same if he refused to comment on military matters citing operational security (but where again, he obfuscates and prevaricates rather than just offer a straight answer or refusal to comment). He could have said any of these things and the story would have died.

Under a second day of questioning he admitted that the plane carried a high-ranking US intelligence official to meetings with NZ intelligence officials and that the meetings involved counterparts from other foreign intelligence agencies. He denied these were meetings of the Echelon/5 Eyes partners even while saying that they hold regular meetings in NZ, the latest in July or February (depending on which version of his recollection one chooses to believe).

This comes at a time when the 5 Eyes community have been rocked by a major spy scandal in Canada, where a naval intelligence officer sold highly sensitive tactical and strategic signals intelligence data to the Russians for five years before his arrest in early 2012 (which would require the adoption of a number of sanitizing and preventative counter-measures throughout the network). It comes after the obfuscations and weirdness surrounding the GCSB involvement in the Dotcom case (which may well have started before Dotcom arrived in NZ because the NSA–the lead agency in the Echelon network–was already monitoring Dotcom prior to his arrival and would have likely asked that the GCSB continue the surveillance after he crossed the border). It also comes at a time when Huwaei is under scrutiny by the Echelon partners for its possible involvement in Chinese signals intelligence collection efforts, which are focused on the West in general and 5 Eyes countries in particular.

Under the circumstances  a visit by senior 5 Eyes counterparts to discuss matters of common concern would not be unusual or untoward, if nothing else as an information-sharing exercise or so that they could get their ducks in a row on matters of institutional or public interest.

Thus the question begs as to why Mr. Key did not just refuse to comment citing matters of national security but instead opted to play dumb and incompetent, thereby heightening initial interest in the story?

My belief is that he has general contempt for the public’s intelligence on matters of foreign affairs and security, and that he believes the masses are not interested in the subject anyway. But his focused contempt is of the press or at least non-submissive members of it. His brain fade act is more than simply lying. It is the deliberate winding up of the press over matters that, while not inconsequential, are relatively routine or non-controversial but which he can successfully cover up so that press inquires are frustrated needlessly. In other words, he is taking the piss out of the media.

He has similar contempt for those who oppose or question his policies. He recently said that anti-TPP activists should be ignored (even though these include a large number of distinguished subject experts, academicians, politicians and former and current trade specialists). This adds to his list of those that should be ignored, including mining safety experts, environmental scientists, Maori rights activists and asset sales opponents.

The point is that as Minister of Intelligence and Security Mr. Key could respond to questions about  intelligence and security in an authoritative manner that does not compromise either while demonstrating his command of the portfolio. That he choose not to do so and instead pleads memory loss and disinterest in these two vital components of national security suggests that he is doing so either because he really is clueless and out of his depth on intelligence and security or, more likely to my mind, he is deliberately doing so just to wind up his “enemies” in the press while dismissing detractors in civil society against a larger backdrop of public disinterest.

He is also being contemptuous of those who serve under him in critical national security roles because his feigned ignorance leaves those leading intelligence and security agencies hanging out to dry in the event that something in their purview but under his ministerial watch goes sour. Truth be told, by the terms of his ministerial portfolio he is briefed regularly and exactly on all matters of intelligence and security. Either that, or the institutional edifice of security in NZ is praetorian, something that I doubt its security partners would accept, much less agree to.

If Mr. Key is not clueless on intelligence and security matters, then the “spy” plane response and his other actions show that along with being contemptuous of those who may seek to hold him to account, he is arrogant, irresponsible, disloyal, mean-spirited and vindictive as well. To which can be added one more trait that has emerged in Mr. Key as of late: callous narcissism.

When asked recently what he was the most sorry for over the last year, he answered that it was the failure to convince the public of the benefits of the mixed ownership model. He was not as sorry about the deaths of five NZDF troops in Afghanistan, or the needless deaths and continuing failure to retrieve the bodies of the Pike River miners, or the ongoing debacle that is the Christchurch reconstruction process, nor about the leaks of private information by government agencies or the unhappy disputes with Maori over treaty settlement issues (in fact, he made no mention of these). Instead, he most laments the failure of a pet economic project to gain public traction in 2012.

That may not be surprising, but it sure is contemptible.

 

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Who to Believe?

Journalist John Stephenson is a person of high integrity and a strong memory. He does not report anything until he is exactly certain he has the facts correct. Prime Minister John Key has a difficult relationship with the truth and suffers from memory loss well in advance of his age. He responds to unwanted or contrary facts and opinion with derision, distraction or insult.

John Key says that the SAS is in Bamiyan after the dual ambushes of NZDF troops to provide logistical and intelligence support. He initially said that only four SAS officers were dispatched but now admits there could be a couple of others in Bamiyan as well. John Stephenson reports that the SAS are actively engaged in the hunt for those who ambushed and killed NZDF personnel, and that their numbers exceed those offered by the PM.

Given their track records, if I had to take the word of one against the other, I would take the word of John Stephenson.

I also think that it is perfectly fine and natural for the SAS to deploy to Bamiyan after the ambushes. After all, the NZDF has been the lead ISAF force in that province since 2002 so has the best (albeit insufficient) knowledge of terrain, transit routes, local politics and the nature of the enemy. The SAS’s most basic role is long-range patrol, infiltration and surveillance. Thus they are a natural fit for the job of hunting down those responsible for the deadly attacks on NZ soldiers. The hunt for the killers involves but is not reducible to utu or revenge. It is about letting the Taliban know that attacks on the NZDF during the process of withdrawal from Bamiyan will not be tolerated. The Taliban understand utu. It is in fact part of their fighting culture. To not engage the SAS with the purpose of delivering a lethal response would be seen as a sign of weakness and encourage more attacks. Bringing the SAS into the equation reduces that possibility.

The Bamiyan PRT consists of approximately 4 platoons with an engineering and medical complement. The SAS officers deployed after the ambushes likely have assumed command of those platoons in order to sharpen the latter’s respective patrol skills. Although bad for the conventional officers who likely were relieved of their duties in the wake of the ambushes (one of them was seriously injured in the first attack), this is a smart thing to do given the worsening security situation in Bamiyan. It would also not be surprising if SAS enlisted personnel were sent to reinforce those platoons with their sharpened combat skills.

Since all of this is pretty well understood in military circles, the question begs as to why Mr. Key insists with a cover story that is patently bogus. Has his experience as a money trader made him believe that he can bluff, hedge and bluster his way out of every corner?  If so, then his condition is pathological and undermines his mana. After all, what worked amongst the closed community of money traders does not always work in an open society with a critical press and a political opposition looking for cracks in his leadership facade. With John Stephenson as his main counter when it comes to what the NZDF is really doing in Afghanistan, Key is on a hiding to nothing when he persists with his obfuscation on military-security matters.

 

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Blog Link: Australian-Indian Strategic Cooperation in the 21st Century.

Australia and India are emerging great powers that are the core of the Indo-Pacific strategic architecture, yet they do not have as strong bilateral ties as history, culture, politics, common threats and interests would suggest. In this collaborative essay with an Indian journalist, we explore some of the issues involved in their incipient strategic relationship, along with the prospects for closer ties in the near future.

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Drones in our future.

Although I have no technical expertise in the field of unmanned aerial vehicles (UAVs), I have discussed in various fora the military, intelligence, domestic security and political implications of their use now and in the future. The hard fact is that, bad press notwithstanding, UAVs (aka “drones”) are here to stay and will dominate the air space in the years to come. Already the US air force is training more drone pilots than fighter and bomber pilots combined. Ninety percent of what drones do is non-lethal: reconnaissance; surveillance; search and rescue; maritime patrol; signal, thermal, optic and other forms of technical intelligence gathering; geological exploration and terrain mapping–the applications of these types of platform are many and will continue to grow in the years ahead.

The utility of drones is due to a simple calculation: the three “Ds.” They do jobs that are dangerous and/or dirty, and they do them dispassionately. To this can be added the fact that their operational costs of drones are less than those of manned aircraft and they do not expose pilots to the physical risks of flying. That combination guarantees that policy-makers will look to UAVs as the future of military and law enforcement aviation even if manned aircraft remain the bulk of commercial and private aviation for the foreseeable future.

Lethal drones such as the infamous Predators are constantly being refined so that their acceptable Circular Error Probable (CEP)–the chances that a missile fired from the UAV will fall within 100 feet of the target crosshair center–is now greatly increased. Since they loiter at 15,000 feet for up to 36 hours, US drone pilots (who work in 12 hour shifts and who must have experience flying manned aircraft prior to their assignment as drone pilots) spend hours and days watching a potential target before pulling the trigger. The protocols governing the kill shot are quite tight (for example, no shots at family compounds or while the targeted individual(s) is or are in the vicinity of innocents), which contrary to popular opinion has greatly reduced the collateral damage occasioned by drone strikes when compared to the early days of their use.

In fact, manned aircraft continue to cause the bulk of unintended civilian deaths in Central Asia, which most often is the fault of faulty or misleading tactical intelligence on the ground (the use of misinformation by local informants acting for their own purposes has been a major contributor to the unintended civilian deaths caused by air strikes). As a remedy, special forces teams are increasingly being used to track, spot and verify legitimate targets in conflict zones (to include Pakistan, Yemen and Somalia as well as Afghanistan).

Although there have been many protestations about the use of lethal drones (so far the US is the only country to use them in anger), it is interesting to note that Pakistan has never attempted to intercept US drones operating in Pakistani air space even though the latter are slow, not particularly maneuverable and relatively easy to spot by electronic means (the recent downing by Israeli forces of an Iranian drone operated by Hezbollah demonstrates the case).  This is not to say that drone incursions into the sovereign air space of foreign countries are always or even generally  acceptable. What the different responses suggest is that the Pakistanis may not be aggrieved by US drone operations as they claim to be.

To be sure, the US military has tighter protocols governing lethal drones than does the para-military arm of the CIA. That has led to disagreements within the US security apparatus about who should be in control of lethal drones and under what circumstances are they to be used. The president currently has to authorize the CIA strikes, which are mostly directed at suspected jihadis operating in failed states. The military has a bit more latitude in targeting militants or insurgents in Afghanistan and the tribal areas of Pakistan, although all lethal strikes must be authorized by the chain of command. As of yet, that debate about unifying the command and control of lethal drones is unresolved and both the US military and the CIA continue to deploy armed and unarmed drones in foreign theaters using their own set of criteria (which if largely overlapped are not identical).

That is what brings me to the major point of this post: the fact that the legal apparatus governing the employment of drones in the international as well as the domestic arenas is very underdeveloped when compared with the technologies themselves. Already 60 countries employ drones, and domestic security agencies in a host of countries have explored their usage. The US uses them for border control and Coast Guard purposes, and true to form, some police department in Texas is reported to have expressed interest in a lethal version that could also dispense non-lethal crowd control justice from above.

Yet in no case are the legal protocols governing the use of drones in domestic arenas as well developed as are those used by the US military when engaged in foreign conflicts. This is worrying because the potential for abuse is great. UAV technology has outpaced the legislative framing of their fair use not only in undemocratic states but in liberal democracies as well.

New Zealand is not different in this regard. The Army and Navy are exploring drone technologies, as are other non-military government agencies. The Department of Conservation already has deployed a drone for geothermal and geographic research. The police are interested in UAV platforms as a substitute or complement to helicopters and terrestrial patrol vehicles. It is only a matter of time before drones are a regular presence in New Zealand skies, and the Civil Aviation Authority is already being tasked with drafting technical regulations governing their operations.

Even so, the legal structure governing the why, when, how and by who of UAV use in NZ is virtually nonexistent. Parliament appears disinterested in the subject and the agencies who would have the most use for drones have not been particularly proactive in drafting guidelines for their use. It is time that they did.

One reason is because the future of drones is not only in their greater use but in their increasingly varied configurations, to include miniaturization based on developments in nano technology. Consider this gem:

Sent to me by a friend borrowing from an unnamed source, the following blurb came with the photo.

“Is this a mosquito? No. It’s an insect spy drone for urban areas, already in production, funded by the US Government. It can be remotely controlled and is equipped with a camera and a microphone. It can land on you, and it may have the potential to take a DNA sample or leave RFID tracking nanotechnology on your skin. It can fly through an open window, or it can attach to your clothing until you take it in your home. Given their propensity to request macro-sized drones for surveillance, one is left with little doubt that police and military may look into these gadgets next.”

UPDATE: The source for the photo is this: http://www.snopes.com/photos/technology/insectdrone.asp

In light of the implications of developments in UAV technology and the growth in their employment, it seems appropriate that New Zealand confront the legal aspects of said use. New Zealand could, for example, be the first country to prohibit the use of lethal drones either in foreign conflicts or for domestic security (no other country has of yet discounted the use of drones for lethal purposes). Likewise, because there are no regional or international protocols governing their use, New Zealand could try to introduce resolutions in international and regional bodies that would lead to the regulation of UAVs on a broader level. At present the field of UAV operations is basically uncharted, much less regulated, so the opportunity now exists to try to match advances in UAV technology and deployment with advances in the legal architectures governing them.

Since New Zealand has in the past shown initiative and boldness in enacting policy with both domestic and international import, the field of UAV regulation might be another way in with it can demonstrate its fore-sightedness when it comes to areas of universal concern.

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On the need for intelligence accountability and oversight reform.

One thing has become clear after the revelations of multiple New Zealand intelligence agency failures, malfeasance and incompetence over the past few years. That is what happens when there is no effective oversight on, or accountability by those agencies. As things stand the Prime Minster is the sole oversight on New Zealand’s intelligence community. The parliamentary intelligence and security committee is a toothless wonder that gets semi-regular general briefings on intelligence matters (at a rate of less than once a month), and the inspector general (IG) of intelligence–the person who is supposed to independently investigate the actions of the intelligence community–is currently a geriatric former judge who has the equivalent of a .5 full time employee and whose office and resources are provided by the agencies he is supposed to independently assess. His predecessor, another retired judge, resigned under a cloud brought about by the Ahmed Zaoui political asylum  case, where the Security Intelligence Services (SIS)  was shown to have clearly manipulated analysis of intelligence flows derived from foreign partners and the IG demonstrated bias in favor of  the SIS version  of events prior to releasing his findings.

Add to that the fact that the IG has limited powers of investigation and a parliamentary committee that cannot be told about operational matters and has no powers to subpoena or authority to force testimony under oath, and what you have is a recipe for institutional “stretch:” the tendency of institutions to exceed and play loose with the rules, laws and regulations governing their charter in the absence of effective oversight and accountability. That has become glaring apparent in recent weeks.

The problem is somewhat mitigated when the Prime Minister is a hands-on type of manager who is knowledgeable about intelligence matters, to include methods of collection and analysis. Although it raises the possibility of PM misuse of intelligence flows for political purposes, it does have the merit of forcing intelligence officials to be accountable to someone. However, if the PM is disinterested, ignorant or laissez-faire in managerial approach to intelligence matters, then the possibility of intelligence agency institutional stretch becomes quite real, as we have now seen.

Given the revelations about the GCSB and prior instances of SIS “stretch,” the time is now perfect for a reform of the intelligence oversight apparatus. Although the PM can and should remain as the minister for intelligence and security, the parliamentary committee needs to be granted effective and binding oversight authority that includes powers to investigate operational issues and force intelligence agency officials of all ranks  to respond under oath to questions about the how, when and why of specific intelligence matters. Likewise, the Inspector General’s position needs to be expanded into a three person panel that includes a mix of people with experience in handling sensitive information and knowledge of how intelligence collection and analysis works, and who answer to and are resourced by parliament rather than the PM and SIS, respectively.

Unchecked executive oversight of intelligence agencies is prone to what might be called the authoritarian tendency (by which elected executives assume quasi-dictatorial powers of managerial control), and is in fact the mark of many authoritarian regimes. This avoids the system of checks and balances that is not only a hallmark of democratic political systems, but of their institutional component as well. The issue, as the intelligence community well knows, is about triangulation: there needs to be at least three independent (if overlapped) sources of critical institutional scrutiny for information or oversight to be validated (which are manifest in policy or administrative decisions).

That system of institutional checks and balances is what provides oversight and promotes accountability within public bureaucracies as a whole. Such accountability is horizontal–between different public agencies such as the judiciary and security apparatus–as well as vertical (where public agencies answer to political authorities separated into legislative and executive components). The institutionalized oversight aggregate mitigates against public agency stretch and political manipulation.

Having one individual, whatever his or her persuasion with regard to issues of intelligence collection, analysis and political impact (something driven by the political context of the moment, including  the relationship between government and opposition and the  personal and partisan implications of any given decision regarding security and intelligence) is, in a democracy, antithetical. In mature democracies policy decisions are not individualized; they are institutionalized and subject to effective oversight.

This is simply a matter of democratic good practice. Effective, independent oversight not only keeps intelligence agencies honest and prevents institutional stretch. It reassure the voting public that the larger common interest, rather than narrow political, diplomatic or corporate concerns, are served by the intelligence and security agencies charged with defending the commonweal.