Monsoon over Tucson.

From time to time I get asked about the prettiest places where I have lived. I am lucky that way because I have lived–not just visited or passed through–some pretty interesting places, including Rio de Janeiro, Southern Arizona, South and West Florida, Monterey, California, Washington DC, Chicago, Boston, San Diego, Lisbon, Athens, Singapore, Buenos Aires and the indomitable Auckland West Coast. I have been lucky to travel and visit many other beautiful places as well. Among the conversations about pretty places I get asked about which have the best skies, both for sunrises and sunsets as well as for stargazing. My answer is always the same. As much as the skies over the Waitakere Ranges and Tasman Sea are a great place to watch sunrises, sunsets and the trajectory of the stars, the single place where my eyes have been “filled” the most is the Sonoran Desert. It is particularly spectacular during the summer monsoon season, currently taking place. This is one reason why:

A tipping point for the dotard?

I guess that we should see the silver lining in the CV-19 pandemic. It has finally done what no political opponent could do. It has fundamentally undermined Trump’s credibility and that of the science-denying elements within the GOP and rightwing media. The important aspect of this is that the loss of credibility is evident in a private sector that otherwise was willing to cast a blind eye on the Trump/GOP corruption and buffoonery so long as the latter advanced business interests via deregulation, tax cuts etc.

Now that Trump’s incompetence has been fully exposed, as has that of his immediate advisors and sycophants in and around the White House, private businesses, state and local governments are taking action in defiance of his original bluster and denials. Led by their owners, elected officials and high level managers, entire sports have cancelled or postponed seasons, universities and school districts have closed, cities and states have ordered mandatory quarantines and numerous mass events have been abandoned. Even the military has acted against his original commands, instead opting to listen to military doctors and other experts about the effects of CV-19 on troop concentrations (such as cancelling military exercises and forbidding all domestic travel for service personnel). This, in response to what Trump initially called a politically inspired hoax and to which the GOP/media science deniers decried as the product of partisan hysteria and media manipulation. The fact that private businesses have led the defiant response is especially telling. No lefties among them.

The ineptitude and incompetence of the Trump administration is not only shown in its delayed response and original denials and deflections. The order to institute a ban on all travellers from Europe–done by the same people who crafted the Muslim ban attempted shortly after Trump was inaugurated–was done without forewarning to airlines, airport authorities and local law enforcement, much less the traveling public, American as well as foreign. No contingency plan was crafted, much less enacted, leaving federal border control agencies such as Customs, Immigration, Border Patrol and TSA short-staffed and undermanned in the face of a surge of last minute mass arrivals before the ban commencement date. Additional CV-19 health screenings deployed at the same time has resulted in chaos at airports of entry, with thousands of passengers stuck for hours in baggage returns and lined outside passport control stations (again, manned by federal employees). The result has been a clusterf**k of epic proportions.

Although he has been tested and cleared after being exposed to the virus, Trump may still fall ill because the test only measures one’s status on the test date. If that happens, he becomes a candidate for Article 25 removal from office since he is physically unable to perform the functions of president (which was the original intent of the framers. I shall leave aside jokes about his mental competence but let’s just say that his addled blathering about the pandemic does not inspire confidence). I have a feeling that if he gets sick, those in the GOP who secretly loathe him will have their knives out, because his gross negligence and inaction in handling the response will have election consequences for the party as a whole later this year. Seriously, if the predicted thousands of deaths and job losses and billions in productivity losses resultant from the botched initial response and the chaotic catch-ups since then actually happen, given the now open news that the Trump administration eliminated key public health agencies and replaced public servant scientists with lackeys, then the makings of an election disaster are looming large over the GOP’s political future.

Until now, the GOP’s 2020 election strategy was to ride Trump’s coattails as hard as possible. In the wake of CV-19 that seems politically suicidal. And if GOP politicians start to distance themselves from Trump in their campaigns, the possibility of intra-GOP fratricide becomes more likely. In fact, it is likely that factions are sharpening their knives as I write, with the pro-Trump crowd developing plans to delay the elections or smear anti-Trump politicians as traitorous during a national emergency. For their part, the anti-Trump faction will attempt to convince the public that they did all that they could to prevent him from doing more harm to the Union. That will be a tough sell, but so to will be any argument in support of Trump’s handling of the crisis.

The real trouble for the GOP starts if the pandemic lasts in the US for months, well into the post-convention campaign season (which starts in July). If the death and sick toll mounts to anything close to what is being predicted and job losses increase while businesses shut down, then perhaps even hardened MAGA morons will re-consider their support for the imbecile-in-chief. Even if they do not, undecided and independent voters could well draw the conclusion that enough is enough while the previously apathetic who did not vote in 2016 may finally realise that their votes do in fact count when it comes to national leadership selection. None of this bodes well for the GOP in November.

Perhaps there is a goddess after all. Her name is Mother Nature, and in this instance all she had to do is to let human folly advance her work. That may wind up being a painful but necessary political blessing for the US regardless of who wins the Democratic presidential nomination.

Letters from America, take two: An interview about Trump, North Korea and a bit more.

I have agreed to provide a weekly commentary to Mitch Harris on his Night Talk show on Radiolive. In the first instalment we roamed over a series of subjects,  but the focus was on the ongoing trainwreck that is US presidential politics.

The Impunity Files, Police Edition: Trolling for Rawshark.

By now it is well known that in their effort to find the source of the information upon which Nicky Hager’s book Dirty Politics was based, the NZ Police searched and seized computers, phones and personal records from Mr. Hager’s home. They also intimidated Mr. Hager’s daughter (who was home at the time) by forcing her to dress in front of an officer and relinquish her personal computer. In addition, they asked a number of service providers to give them access to Mr. Hager’s personal details without a warrant or production order. Most of the service providers refused or asked for a warrant but at least one, the financial corporation Westpac, gave up eight month’s worth of Mr. Hager’s transaction records without asking the Police for a legal instrument compelling them to do so.

News of this caused a brief furore amongst civil libertarians, privacy advocates, some journalists and a few business people. But as with much that the Police does that is borderline in terms of legality, the issue soon dropped from the public eye. Few if any follow ups have been published and for all intents and purposes the Police have emerged unscathed from yet another episode of operating with impunity and contempt for the law.

I have had opportunity to review Police documentation regarding the case released under Discovery (79 pages in total). Readers are invited to read the full dossier released by the High Court over at Scoop, which also has an interesting newspaper story detailing the genesis of the investigation into Mr. Hager.

Much in the Police documents is redacted but there is plenty to consider nevertheless. In the spirit of public interest journalism (although I am not a journalist by training, inclination or employment), I have decided to add a bit more to the public domain on this case. As it turns out, the Police did more than ask various service providers to give them access to Mr. Hager’s private information, and they got things rolling just before and then accelerated  the investigation very quickly after a complaint was laid about the source of the material from which Dirty Politics was constructed (the infamous or heroic hacker known as Rawshark, depending on how you view things).

On August 22, 2014, amid the sequels to the publication of Dirty Politics and the speculation as to the identity of the hacker who accessed the information from a notorious right-wing blogger that detailed his unsavoury connections to government officials and corporate interests, Rawshark tweeted what most observers saw as a satirical or diversionary tweet saying that s/he was on vacation in Vanuatu. Rather than take it with a grain of salt, and after the blogger formally complained on August 25, 2014, the NZ Police fired up their investigative resources and on September 18, 2014 a detective constable by the name of Rachelle (I shall leave her last name out), who was assigned to the case by a superior named Simon (again, I shall leave his surname out for the moment), telephoned Immigration New Zealand (INZ) for information on all NZ residents and citizens who had traveled to Vanuatu around that time.

I should note that this very same detective Simon was the police officer who made the “enquiry” of Westpac about Mr. Hager’s financial details on September 24, 2014. In the days that followed the Police were able to obtain detailed information on Mr. Hager’s property holdings from Wellington City Council as well as full details of his Westpac bank accounts and credit cards. Although some of this information was available through the Council web site, on at least one occasion detective constable Rachelle was able to obtain information directly from the Council without a warrant or production order (this information is available on pages 25-26  of the Discovery documents that I have read. (KEB Vol 4 Part 1C file pages 1468-69).

One has to wonder what relevance Mr. Hager’s property valuations and rate payments have with regard to the search for Rawshark. If the figures were obtained for a future asset seizure in the event Mr. Hager is found guilty of a crime, we have to remember that he has not been charged, much less convicted of any such thing. A search for aspects of his worth with an eye to future seizure implies a presumption of guilt on the  part of the Police before any charges have been laid against Mr. Hager. To say the least, that is a perversion of natural justice.

During the September 18, 2014 conversation with detective constable Rachelle, a female senior INZ officer replied that it would be difficult to compile a list of all New Zealanders who traveled to Vanuatu during the referenced time period because INZ only had data on those who traveled directly to Vanuatu from NZ and did not hold information on those who may have stopped off elsewhere (such as Fiji) on their way to the holiday destination. She sent the Police an OIA form to fill out (which was completed and returned that day) in order to assist the INZ side of the investigation. A day later, on September 19, 2014, she emailed detective constable Rachelle and wrote that there was nothing more that INZ could do “on their end” and suggested that the Police “might want to try Customs.”

That was a good tip.  Detective constable Rachelle noted then that she would speak to someone at Customs who was working on organised crime to find out the best source for that information. On September 23, 2014, after approaching NZ Customs, the NZ Police received from them spreadsheets containing the names of 2500 NZ citizens or residents who travelled directly from NZ to Vanuatu in the two weeks prior and after August 22, 2014. The spreadsheets were then sent to an officer Nichola (again, no last name needs to be published at this time) “at intel to see what plan we can come with in relation to analysing this information.”

The passenger information was presumably sourced from Air Vanuatu and/or Air New Zealand, who code share the three weekly flights between Auckland and Port Villa. No warrant or production order was issued for the release of this information, and it is unclear as to who and how Air Vanuatu and/or Air New Zealand were approached, or whether they were approached directly at all. This information is detailed on pages 70-71 (KEB Vol 4 Part 1C file pages 1525-26) of the Police documents released under Discovery in the case Mr. Hager has brought against them.

It is unclear whether the Police ever came up with a plan to analyse the personal information of the 2500 NZ citizens and residents that flew to Vanuatu from NZ in the two weeks before and after August 22, 2014. What is clear is that it was done, at a minimum, in violation of the Privacy Act because the data was obtained without a warrant or production order. Moreover, it is not clear what was ultimately done with the information about the 2500 people whose details were obtained by the Police. Was it analysed? Did any of it lead to further inquiries or action? Was it stored? Was it destroyed? Was some records kept and others not? The bottom line is that this information was obtained based upon a “courtesy” request, not a lawful order, and was part of a trolling exercise that began before a complaint was laid and not as a result of specific or precise information related to the Hager investigation. Both procedurally and substantively, obtaining this travel-related data of 2500 NZ citizens and residents was unlawful.

Given that Rawshark appears to be a pretty savvy hacker who knows how to cover his/her tracks, it is arguable that any of the 2500 people whose privacy was violated by Customs and the Police (and perhaps Air Vanuatu and/or Air New Zealand) had anything to do with obtaining the material for Dirty Politics. Beyond the issue of what was done with their personal information, the question is whether they have been told by any of these agencies about their records being accessed. After all, they have nothing to fear if they have nothing to hide, so it would seem natural that the Police and/or the other entities involved in the privacy breach would let the 2500 travellers know that their private records are safe. That is important because these records could well be more than passport details and could include ticket purchase location details, credit card information etc. At this point we do not know the full extent of the Police handling of this private information, but the privacy breach is a pretty big one in any event so the duty to inform those affected is great.

Published information is that the senior officer in charge of the investigation into Rawshark is Assistant Commissioner Malcolm Burgess. It appears that Mr. Burgess was contacted by email by the rightwing blogger on August 19, 2014 and immediately assigned the matter to the National Criminal Investigation Group (see the NZ Herald article on November 14, 2015 by David Fisher). That is odd because at the time no formal complaint had been made–that did not happen until August 25, 2014. In fact, it appears that an investigative plan of action was drawn up before the blogger made his formal complaint, then quickly put into action once he did.

In any case, perhaps Mr. Burgess is a “hand’s off” manager who did not know what those under him were doing, particularly detective Simon. But it would be interesting to see how he feels about the way the information on Vanuatu travellers was accessed given that it appears to have shed no light on Rawshark’s identity and seems to have violated the Privacy Act. In other words, it looks like it was a useless and illegal fishing expedition, which should be a concern for him as the senior office in charge.

I understand the importance of chasing all leads and avenues of inquiry in criminal investigations. I understand the notion of professional courtesy amongst security agencies. I understand the utility of informal agreements between government offices. I understand that institutional cultures may see legal requirement more as a challenge rather than as an obligation. I understand that sometimes investigatory overkill in one case is needed to serve as a deterrent to others who might seek to pursue similar courses of action.

But I also know, from both my academic writing on democratic governance and my professional experience while working in security branches of the US government, that at its institutional core democracy is about self-limitation and the universal rule of law, to which can be added the bureaucratic axion “CYA.” Yet when it comes to the NZ Police in this case and others, it seems that an institutional culture of impunity far outweighs respect for the self-limitations imposed by law when it comes to decision-making on matters of policy and operations.

Perhaps the Privacy Commissioner and other civil rights groups might want to take another look into this case because it is not just Mr. Hager who has had his rights violated by the Police investigation into Rawshark’s identity (in what to my mind is more a case of journalistic intimidation rather than a legitimate investigation into criminal wrong-doing). As much as I would like to believe that the Independent Police Conduct Authority (IPCA) would seize the opportunity to examine the particulars that I have outlined, its track record suggests otherwise.

One thing is certain: there are 2500 people in NZ who got a lot more than they bargained for when they booked direct flights to Vanuatu in the middle of last year.

Temporary, discriminatory and an admission of failure

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.

Media Link: Security Concerns in the Malaysian airliner disappearance.

I did an interview on TV 3’s Firstline show regarding the security concerns raised by the presence of two passengers with stolen passports on the plane. I also discuss the fact that China Southern Airways, which signed an exclusive sweetheart visa liberalization deal for its premium frequent flyers with the National government, was the issuer of the tickets purchased by the passport fraudsters as well as two others now under investigation. The lapses in security vetting happened at several levels and raise questions about air traffic security in Malaysia as well as with regard to China Southern.

Readers may recall an earlier link to an essay I wrote about the sale and bartering of so-called tokens of sovereignty, of which passports are just one (the earlier linked essay focused on flags of convenience in the shipping industry).

Monitoring Syrians and Supplicants.

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.

Some advice about travel advisories.

The murder of Westerners, including a New Zealander in Libya, in the aftermath of the so-called “Arab Spring” of regime change in North Africa and the Levant, has raised the profile of travel advisories as effective guides to personal and institutional safety of foreign travelers in such unstable regions. Libya is classified as High Risk in an around Tripoli and Misarata extending west to the Tunisian border and Extreme Risk pretty much everywhere else in the country by most Western states, including Australia, Canada, the UK and US. Syria is, understandably, considered to be an Extreme Risk environment by virtually all Western governments. The body of the Kiwi who was murdered, a female friend of a contractor to an Italian petrochemical firm, was found 100 kilometers west of Tripoli in a High Risk area. For her and her British companion, as well as several Americans recently, the risk was terminally extreme.

Both governments and private entities issue travel advisories, which are most often associated in Western minds with unstable or undeveloped states and regions in which lawlessness is rife (the same is largely true for advisories given by non-western governments such as the Japanese, Singaporeans or Chinese). The advisories may focus on political or criminal threats to foreigners in general and citizens in particular depending on the situation (for example, ethnic Chinese are more likely to be the target of socioeconomic-based ethnic violence in Melanesia and Polynesia than ethnic Europeans, and female travelers are particularly vulnerable in many places because of local cultural mores). Yet these advisories are not always as neutral as they may appear at first glance and hence need to be treated with caution and in broader perspective.

Put bluntly, it is erroneous to assume that governments, much less many private entities, issue objective and value-free travel advisories. They do not.

Government travel advisories take into account the diplomatic, security and economic relations of the issuing state with the targeted country. As a result, taking everything into account and (however short-sightedly) thinking of the bigger picture moving forward, there is a tendency to downplay security concerns where the countries in question are allies or have good foreign relations, whereas there is an inclination to paint an adversary or hostile country in a more negative light regardless of the objective situation on the ground. States are loathe to annoy their partners and allies, or those that they wish to cultivate for diplomatic or economic reasons, by issuing alerts and advisories of high or extreme risk in them. They may be pressured by corporate actors to downplay the risk of travel to those countries. Thus, even if the situation on the ground is hazardous for tourists or business travelers, the advice offered in such circumstances often does not raise above that of a caution about medium to moderate risks to personal and institutional security.

The concern with maintaining good diplomatic relations is compounded by the failure of many Western governments to fully appreciate the fluid nature of political and social events in designated countries, specifically the impact of regime change, latent social unrest and pre-modern cleavages on mass collective action. Confusing mass acquiescence with popular consent often leads countries to overestimate the degree of political support sustaining a foreign ally or partner. That in turn leads them to formulate their travel advisories in ways the underestimate the possibility of regime failure and the attendant risks associated with it.

Given resource constraints in diplomatic and intelligence agencies in many countries, limitations on diplomatic presence and in-country expertise in foreign contexts can limit the ability of advising governments to gather accurate, time sensitive and nuanced information on local conditions. Consequently, they often rely on the host government or foreign partners for situational knowledge, which itself may be more general than specific. This is then passed on by diplomatic outposts (some which may not be located in the country under scrutiny) to the home governments, often without vetting by other security agencies. That is a problem because for a number of reasons both host governments and foreign partners may not provide accurate reads of the local conditions being assessed.

Bureaucratic in-fighting amongst government agencies responsible for offering input into official travel advisories adds to the problem of objectivity. Different foreign policy-related agencies with input authority on travel advisories may have different information from their foreign counterparts with regard to the countries being assessed (say, intelligence, police and military agencies versus diplomatic, customs, health or immigration agencies).

Look at it this way: whatever the concerns of one or more agencies, would others be willing to accept harming a fruitful diplomatic, security or economic relationship because of the particular, if valid, concern about citizen travel to a particular country? And even if the foreign affairs bureaucracies agreed to defer to the concerns of one or a few agencies, would all Ministers necessarily find it politically expedient to accept the bureaucratic judgement, be it in an election year or not?

Continuity, stability, reliability and future mutual support are the most precious commodities of foreign relations, but the interest in them often blinds governments to the inherently weak or unstable nature of the regimes that appear to offer them. It also leads to acceptance of what foreign allies depict as local reality as fact when the truth may be otherwise. Thus time and time again Western governments have been caught by surprise at mass upheavals against seemingly stable friendly (most often authoritarian) regimes, with their citizens visiting and resident in countries where popular revolts occur often victimized as a result in part because they were lulled into a false sense of security by official travel advisories that downplayed the risks to the friendly regime, and by extension, foreigners who could be construed as associated with it.

This has occurred throughout North and Sub-Saharan Africa in the past five years, SE Asia and Latin America in years before, and is evident in the moderate advisories given to Middle Eastern diplomatic, military and trading partners by Western governments in spite of clear indications of simmering restive and anti-foreign sentiment in them.

Similarly, travel agencies, tour companies, airlines and other business invested in tourism, as well as those that see profit in resource extraction and commodity export, have an inherent disposition to downplay risks because their livelihoods depend upon sustaining and increasing the number of tourists and investment dollars in such ventures. Absent an obvious and compelling threat such as a civil war like those in Syria and the Central African Republic, profit driven private entities will, like official government warnings, often couch their advisories in moderate terms. Here too they are handicapped by a lack of objective risk analysis because they often rely for their local knowledge on in-country partnerships that also depend on tourist and investment dollars for their livelihoods. In such relationships no one wants to upset the foreign traveler or investor gravy train so risk is downplayed in all but the most dire situations. As two of many examples, Kenya and Thailand offer proof of that.

NGOs and IOs tend to more pragmatic in their travel advisories and risk assessments because they have less profit at stake and more lives and reputations immediately in play. Travel guides tend to be objective but superficial in their risk advice unless the local situation is obviously dire. This is not surprising given the breadth and focus of travel guides (think Lonely Planet as an example, although to its credit it does address gender and LBTG travel issues where possible), which are not oriented towards divining risks to personal and collective security but instead focus on geographic, cultural and entertainment features of any given place.

The best risk assessments and travel advisories tend to come from insurance firms (although some of their assessments have been proven to be suspect, such as those involved in the determination of national credit ratings). Likewise, reputable international political risk and open source intelligence firms are more objective and forthright about the situation in any given country because their client’s welfare is often at stake, and maintaining client relationships is most important for the success of such firms. In fact, insurance firms regularly seek external assessments from political risk and open intelligence firms so as to limit the possibility of and mitigate their liability in the event a client disregards their in-house advice.

The difference here is that reputable political risk and open source intelligence agencies tend to canvass as wide an array of sources as possible before they put their names on any assessment, including travel advisories. Moreover, such firms can tailor their assessments and advisories to client needs, for example, but specifying the relationship of competing market actors with local political factions and (where present) criminal or political armed groups in specific foreign contexts (the relationship between irredentists and oil firms in the Niger Delta comes to mind, but also applies to resource extractive firms and indigenous militias in regions like the Southwestern Pacific and Central Africa).

Needless to say, reading news about a travel destination is a very good way of getting abreast of the local context. Many non-European countries have English, French, Italian, Spanish, German or Dutch language newspapers (many of these  a colonial legacy), and outlets like the BBC, VOA and RT radio services also provide useful updated information on local conditions. Similarly, social media may offer better awareness of tactical or real-time situations, although one should always be aware of editorial and personal bias in any news provider, so-called mainstream or not. After all, when it comes to taking advice and reading the news, a discerning traveler is a prepared traveler.

Reliable information on local conditions is as important for those who deliberately travel to unstable or conflict zones such as reporters, diplomats, military personnel, security contractors and ideological “internationalists” who join in foreign fights as it is for the casual or unwary traveler. Regardless of circumstance, one should know what they are getting into and prepare (or avoid) accordingly.

In light of the above, travelers should not rely exclusively on the advisories of governments or private entities with a direct interest in downplaying risk assessments in foreign countries. This may seem obvious but in fact is not, as many people assume that their governments and the companies that transport, house and entertain them overseas have their personal and group safety as an overriding concern.

They do not, and are insured against episodic calamity as a result.

On Liminality.

For some time I have been pondering the issue of liminality. It is a term that appears in cultural studies and all sorts of post-modern rubbish posing as theory, but in this instance it resonates with me and seems to accurately depict a social condition that is increasingly evident in a multi-globalized world. “Liminality” refers to state of intermediacy or even indeterminacy. It is a condition of being caught in betwixt and in between, of being in two or more places at once but not being fully settled in any one of them. It is different from and more than hybridity, which is a combination rather than a condition, although hybridity can lead to liminality in some instances (say, a mixed race person moving between the different class and cultural backgrounds of parents).

In my frame of reference liminality is the condition where a person who has lived for significant periods of time in more than one country finds him/herself saddled with affections and aversions from each, leading to overlapping loyalties, and more importantly, a sense of relativism that destroys any notions of cultural absolutes or ideals. For example, the more the individual lives in different places, the more it seems to me that it is hard to get seriously nationalistic about any one of them. Even such small issues as sports loyalty can be a complicated matter. I, for example, follow Argentina in soccer because I grew up there. I root for Barcelona because it has a genius Argentine forward and a very Argentine style of play, but support Portugal as a national side in Europe because I lived in Lisbon for while and watched several of their players live as part of the experience. I support the ABs in rugby but switch allegiances to the Pumas when the play each other. I support the US in things like baseball and basketball, but then again tend to root for Greece in basketball because I lived in Athens for a while and the Greeks are crazy about b-ball, and cannot help but cheer for any small Latin American country when they play against the US in either sport (and truth be told, Cuba, the Dominican Republic and Venezuela have great baseball traditions and Argentina and Brazil have beaten the US in international basketball competition. Yay for them!).

Although I am not sure that they are sports rather than games, I have taken an interest in and support Singapore in table tennis and badminton because, well, I lived in Singapore for a few years and that is the only thing that they do well when it comes to international “athletic” competition (truth be told the national sport in Singapore is shopping, but they do not award medals for that). When not rooting for Argentina my default options are Chile (where my family lived for several years and where I subsequently conducted field research), Uruguay (where my family vacationed for extended periods during our time in Argentina and where I conducted field research in later years) and Brazil (where I lived episodically in the 1980s).

The sports angle is a minor one. The more serious issue is that as more and more people travel and settle across international borders, the more liminal they become. In many instances this occurs on top of an urban-rural disjuncture, whereby people transplanted from one to the other find themselves (at least initially) alienated and out of synch with the rhythm of life in their new locale. Think of a Laotian peasant or Somali refugee arriving and settling in Auckland. As with most new migrants, particularly those that are involuntarily re-settled, the pull of nostalgia for what was culturally lost very often overwhelms the urge to integrate and accept new values, mores and customs. It is only subsequent native-born generations that feel grounded in the new culture, but even they are often caught in betwixt and in between. One solution, particularly if the native population is hostile to new settlers, is to retreat in parochial defense of the “old” country or way of life. But even that eventually gives way to mixed feelings of loyalty and obligation to the old and the new.

Liminality occurs at the sub-national as well as the international level, both of which have been impacted by the revolution in transportation and telecommunications. There are consequently more and more people living in a liminal condition or state of mind. It therefore seems to me that “liminality” should be included in policy debates about things such as immigration, although to do that correctly we will have to wrestle the term away from the cultural relativists and other intellectual poseurs who think that trafficking in big words is equivalent to practicable and useful social research.

I am no expert on the topic so mention all of this merely as a subjective reflection. It is prompted by the July 4 celebrations in the US and comments by friends back there about how the US is the greatest country on earth etc. Yet most of these folk have never lived outside the States for an extended period of time, so how would they know? From my perspective it certainly has many merits and offers many opportunities, but in the end that is as much due to the its continental size and relative insulation as it is to the particularities of its people, politics and culture. Mind you, I feel certainly loyalty to the US as the country of my birth and whose government I once served, where my children and siblings reside, but that competes with my childhood loyalty to Argentina and current loyalty to NZ (which is where I expect to end my days. That raises an interesting sidebar: how many people actually think about the country or place that they would prefer to die in? I can say one thing for sure. Among other unhappy places, Afghanistan is not on the top of my list, with all due respect to the Afghans that I have known).

Who is to say that Canada, Costa Rica, Norway, Estonia, Turkey, Bhutan or–the goddess forbid–Australia is not the “greatest” country? How is universal “greatness” as a nation defined? One would have had to have lived in many places and have done many different things in order to make such a distinction (I do not mention Aotearoa simply because we all know that it is Godzone). And if one did in fact live in many places doing many different things, it is more likely that s/he would be at a loss to pick one single place as being above all of the rest in every respect. That is what liminality can do to a person–it makes it impossible to speak about culture or nationality in absolute or definitive terms. I say this even though I am fully aware of the canard that states that “there is no place like home,” whereby expats use the experience of living abroad to reaffirm their loyalty to their nation of origin (my parents did this for most of their lives). That may be true in some but not all instances, and I would argue that the more countries one lives in the less able s/he is to make such an assertion.

In any event, I write this as a person born in the US, raised and subsequently lived as an adult in Argentina and other Latin American as well as European and SE Asian countries, who resides permanently in NZ while continuing to travel to Australia, the US and elsewhere for professional and personal reasons. That pretty much defines my liminality, which I am not entirely sure is a bad thing.

The countdown (to the return) begins.

As an antidote to some of the heavy discussion occasioned by Lew’s recent posts, I figured that I would interject with a mention that two weeks from today my partner and I return to NZ. The definitive return was delayed six months by an offer of a teaching position in Singapore, but that has now finished. All of the marking has been done, and other than a videoconference lecture by me, a brief holiday in Bintan and packing, we are done in Singapore. Although it has not always been the most pleasant experience, it has been interesting in many ways and we have learned from our stay. I expect that either individually or together we will write at least one scholarly essay about the place, simply because analyses of things like the gross exploitation of foreign low-skilled labor and domestic workers needs to be more widely exposed. We also have in a mind a comparative project using Singapore and Cuba as case studies–two one party authoritarian island states whose regimes were born of traumatic circumstances that were originally led by charismatic leaders, now in a slow process of political liberalisation in which the original leadership cadres are being replaced by a third generation of less battle-hardened and dogmatic cadres, and in which the attitudes of the younger generation of citizens are not shaped by the origins of the regimes in question.

There is more to the comparison–the state-centric nature of the economies is a structural likeness that defies the clear differences in macro-economic approaches–so it will be interesting to delve into the subject in greater analytic depth. I also have an interest in studying the role of the third generation Singaporean Armed Forces in the process of regime liberalisation, as its role as regime defender is being challenged from within and without the SAF by a new generation of “professional” officers more interested in meritocratic and technocratic advancement than cultivating political ties to the PAP, and who find echo in young professional in the civilian bureaucracy who are not as interested in joining the PAP patronage networks that underpin the supposedly “meritocratic” criteria for promotion to senior ranks.

I think I have a fair grasp on these subjects. My post on the Singaporean elections, along with the version on Scoop, got a lot of play in Singapore, most of it favourable. This a good sign because (especially Chinese) Singaporeans have a good deal of anti-foreign sentiment and reject being told, in spite of what economic growth and government propaganda lead them to believe, about the flaws in their system of governance and culture (for example, the endemic racism against Malays, Indians, Filipinos and Tamils by the dominant group that is codified in not-to-subtle legal jargon, as well as the simmering resentment of Anglo-Saxons in spite of the fact that the country can not operate successfully without them). The fact that I was not pilloried in the coverage of my essay indicates that, written in the appropriate manner, some of what I/we propose to research could provide a contribution to debates within Singapore about the future of the country. We shall see.

In the meantime we are looking forward to wearing sweaters and jeans, enjoying cool weather, breathing clean air and resuming the existence on the western slopes of the Waitakeres from whence we came. That, and contributing in our own ways to political and social debates in the land of the long white cloud.

NB: In light of Phil’s remark I have amended the title less readers think that I have developed some pop idol fixation.