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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.

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Bowed but not Beaten: A Reply to Chris Trotter’s rejoinder to “Nothing Left.”

The post on the death of the NZ political Left has elicited a fair bit of commentary. That is good, because my purpose in writing it as a polemic was to foster debate about the internal weakness of the NZ Left and possible solutions to that problem. I did not discuss all of the negative externalities that work against a revival of the Left, but many others have, both in the comments on the original post as well as in the commentary in places like The Standard. In fact, some of the discussion in the thread on the original post as well as the Standard thread has been very good.

Needless to say, the right wing blogosphere loved the post. Kiwiblog, Keeping Stock and Whaleoil jumped at the opportunity to put the boot in. I commented on the Kiwiblog thread, where I was accused of defining what the “real” and “fake” Left were and of being one of those people who denigrate anything that does not fit their narrow definition of what being “Left” means. One nice person on the Standard derided me for being a “defeatist” and engaging in “self-flagellation.” This kind soul also harked to the idealism and determination of Nelson Mandela and Martin Luther King to show that we should not give up the fight, perhaps forgetting that Mandela renounced socialism once he became president (supposedly to protect democracy) and MLK –never a Leftist, he–got shot for his troubles long before racial equality was achieved in the US. Anyway, it was all quite entertaining.

Now Chris Trotter has entered the fray with this exposition: http://thedailyblog.co.nz/2014/01/23/theres-plenty-left-chris-trotter-responds-to-paul-buchanans-critique-of-the-new-zealand-left/

I wrote a response but it was not published by the Daily Blog administrator. Since my comment on Chris’s rejoinder was submitted more than 15 hours ago and 29 other comments have appeared, I assume that it will not be published, so I shall re-print it here:

“Fair rejoinder, but a bit off the mark.

The point of my polemic was to stir debate about the internal weaknesses of the NZ Left that have neutered it as a political alternative to the capitalist socio-political project. Besides the abandonment of a broad working class focus and socialist principles by the institutionalized Left (the party-union nexus) in favour of more narrow po-mo concerns and piecemeal challenges to the market-driven project, there is the factionalization, in-fighting, oligarchical leadership and general political insignificance of the activist Left. This opens the door to opportunists and charlatans to claim ideological leadership within the Left as a vehicle for self-interested advancement.

I see the cultural Left as having significance, but as a political force nether it or much of the informed Left commentariat have much political sway. And when some of that commentariat quietly seek remunerated ties to political actors who are the antithesis of everything socialism stands for, well, that is unfortunate.

So no, I do not share your optimism, but I am far from defeatist by directly addressing what I see as the elephants in the NZ Left room. Self-criticism and self-assessment are good things to do in good times and bad, and in my view the current moment is bad for the NZ Left.

Some of the commentary on the original post address ways to recapture the moment.

I do like your use of Gramsci though. Shallow as it may be in the context of this rejoinder, it points to the necessity of waging an effective counter-hegemonic war of position within the system, using what is given as instruments of usurpation of the ideological status quo.”

I should note that in his post Chris waxes positive about the Labour Party, the Greens, Mana and the CTU. In doing so he helps make my original case: none of these organizations are “Left” in the sense of being socialist or even primarily worker-focused, whatever they may have been at their inception. They may use socialist rhetoric and act “progressive” when compared to National and its allies, and they may be a better choice for Left-leaning people when it comes to electoral preferences and collective representation, but the hard fact is that play the game by the rules as given, do not challenge the system as given and, to be honest, just chip away around the superstructural margins of the edifice that is NZ capitalism.

Although I believe that the NZ political left is comatose if not dead, this does not mean that it cannot be revived or resurrected. As I said to a commentator on my original post, Keynesian economics in liberal democracies led to a 60 year period of class compromise that replaced the politics of class conflict extant prior to 1930. The so-called neo-liberal project in NZ was trialled under authoritarian conditions in places like Chile (yes Chris, I do remember Pinochet in part because his economic policies were emulated by Roger Douglas and company and marked the turn towards feral market-driven policy that persists in NZ today despite your protestations). It if founded on a direct return to the politics of class conflict, this time initiated by the upper bourgeoisie operating from an advantaged global position against the organized working classes via regressive labor legislation and the privatization of state provided welfare, health and education programs.

Many say the neoliberal elite are hegemonic when doing so. I disagree, in part because unlike Chris (who threw some Antonio Gramsci quotes into his rejoinder) I have spent a lot of time studying Gramsci’s concept of “egemonia,” (hegemony, or ideological leadership by consent) specifically its difference with the concept of “dominio” (domination, or rule by submission or acquiescence). Giovanni Tiso wrote a comment of Chris’s post that captures just a part of why Chris went a bit to far with his misuse of the words of the person who coined the non-Leninist interpretation of that special concept amongst the po-mo Left. I mention this because the entire thrust of Chris’s rejoinder read more like an instance of intellectual one-upmanship rather than a reasoned counter-argument.

The fact is that the current ideological dominance of the market-focused elite is only hegemonic in the measure that the political Left allows it to be. In NZ fair-minded people obey but do not consent to the system as given. In my view internal problems in the Left prevent it from presenting a viable counter-argument, much less counter-hegemonic alternative to the contemporary status quo.

It may not be armed conflict but the NZ market project, be it subtle, buffered or stark, is a war against the working classes, one that is based on the atomization of said classes via the destruction of class-based unions and ideological diversions that promote narrow sectoral representation based upon collective assumptions about the primacy of individual self-interest over solidarity, and which privileges greed over empathy.

In comments on the original post I offer some limited suggestions about a new Left praxis in NZ. I  am sure that there are many other avenues to explore along those lines. The market-driven project (which is no longer “neoliberal” in the original sense of the term), was an obvious and transparent return to the politics of class conflict, with preferential terms dictated by the financial elite.

No matter how dominant this ideology is at this moment, it opens a window of opportunity for the NZ Left, if it knows how to take the advantage. Rather than a monolithic compendium of all that is impossible to those born wrong, it renders bare the inegalitarian and exploitative foundations of the current socio-economic order as well as the abjectly quisling nature of the political elite that support it.

One final thought. I do not object to Leftists trying to earn a living, even if that means working in capitalist institutions on capitalist terms. I have to do so.

I do not even mind Leftists who live off of trust funds or marry well. In fact, I do not object to Leftists taking up paid work for non-Left parties as part of a tactical alliance against a common enemy or as a way of learning about the enemy from within.

I believe that those on the Left, much more so than those on the Right, need to be upfront about these apparent contradictions. They need to understand that touching power is not the same as confronting, much less wielding it. That is why I object to concealment of financial relationships between capitalist economic and political entities and those who publicly proclaim themselves to be Lions of the Left and champions of the dispossessed and voiceless.

My bottom line? We all have contradictions in our lives. For those on the Left the contradictions of living in a capitalist society can be overwhelming at times. It is how we resolve our ideological contradictions that separates the honest from the hypocritical.

 

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The deal within the deal.

There are several things to consider when digesting news about the recently signed nuclear limitation agreement between Iran and the P5+1 countries (the UNSC permanent members US, UK, France, China and Russia plus Germany, with the EU as a mediator/facilitator). First, what is publicly announced about international agreements is not always all that is agreed upon. Often times what is not publicly disclosed is as or more important than the announced terms.

Second, actors given majority credit for an international agreement may not have been as decisive as they and their home media would like the public to believe.

Third, no agreement stands alone or occurs in a vacuum: other geopolitical and strategic considerations are bound to frame and influence the terms of the finalized compact.

The agreement between Iran, EU and six world powers on the conditions by which Iran would de-weaponize its nuclear research program in exchange for a temporary relief from international sanctions is a case in point. The agreement is for six months, with an eye to negotiating a more permanent contract at the end of that period. The 7 billion dollars in sanctions relief is not a huge amount by global standards, but significant in that it demonstrates the effectiveness of the sanctions regime imposed on Iran as well as its the flexibility of it (since it can be reimposed in the event Iran reneges on its promises).

The technical details are pretty straight forward: Iran agrees to suspend the enrichment of natural uranium (U238) beyond five percent and to neutralize its stockpile of 20 percent enriched uranium (U235). This is a step away from weaponization because most weapons grade U235 is enriched above 80 percent, which is relatively easy to produce if 20 percent enriched U235 is on hand. Most civilian nuclear energy programs use 3 to 5 percent enriched U235 fuel, thereby making weaponization more time consuming and costly. The agreement therefore does not interfere with Iran’s ability to enrich uranium for civilian power production.

Iran will also curb its use and purchase of centrifuges employed for said enrichment as well as suspend the heavy water reactor extraction methods used to produce plutonium. The entire Iranian nuclear complex will be placed under tighter international inspection controls.

The Western media has variously described the deal as a “US-Iran” or “Iran-Western” accord, but the importance of China and Russia should not be ignored. Both of these powers have friendly relations with Teheran and have supplied it with weapons and diplomatic support. They were not at the meetings in Geneva to serve as props for the US and UK. In fact, their presence in the negotiations should be considered to be decisive rather than incidental, to the point that they may have had a large say in the broader issues being bargained over that eventually sealed the deal.

What might those issues be? That brings up the larger geopolitical and strategic context.

Iran, as is well known, is a major patron of the Assad regime in Syria, currently engaged in a civil war against a Sunni opposition backed by the West and Sunni Arab states. The Assad regime receives funding, weapons and direct combat support from the Iranian Revolutionary Guards and Hizbollah, the Lebanese Shiia militia that serves as an Iranian proxy and power multiplier in the Levant. Assad also receives weapons from Russia, which has a naval base at the port of Tartus and which considers the Assad regime as its closest Arab ally.

Should Assad fall, not only Russia but more importantly Iran will lose a major source of power projection in the region. This would suit Israel and the Sunni Arab world, as Iran is seen as an existential threat by Israeli and Arab Sunni elites alike. Defeating Assad will pave the way for Israel to turn its military gaze more directly on Hizbollah, something that will not meet with much opposition from the West or the Sunni Arab elites. Israel is less concerned about the radical nature of a future Sunni government in Syria or the fragmentation of that country into sectarian enclaves, as the heterogenous rebel coalition now fighting Assad will be consumed by factional in-fighting that will limit its ability to project meaningful military force across its borders whether Syria as presently constituted remains intact or not. Sunni Arab elites will welcome a Sunni dominance in Syria as another bulwark against Shiia influence in the eastern Mediterranean, again, whether Syria retains its present boundaries or divides into smaller Sunni states.

However, it has become increasingly clear that the leading rebel groups in Syria are led by al-Qaeda inspired jihadis who are as bad if not worse than the Assad regime when it comes to committing callous atrocities against civilians as well as armed opponents. They are people who do not have much regard for the laws of war and who have published videos of themselves gassing dogs using crude chemical weapons (which may have had something to do with the rush to reach agreement on removing Assad’s CW stockpiles in the midst of the civil war), and who have had to apologize for “accidentally” beheading a fellow Sunni rebel leader under the mistaken assumption that he was an Alawite or Shiia Assad supporter (all videotaped, of course). Their atrocities (as well as those of the Assad regime) are well documented in the propaganda war now raging on social media.

Jihadist government in Syria may not be an existential threat to Western, much less global interests, but it is the most visible. It would be the first and most important place outside of Afghanistan where Islamicists fought their way into power (Somalia does not count). That is a significant issue regardless of their actual military power because symbolism matters and diplomacy is as much about symbology as it is about substance.

Following Russia’s lead and over Israeli and Saudi protestations, Western powers have become very alarmed about a possible jihadi victory in Syria, and now see a weakened Assad remaining in power or as part of a brokered coalition as the lesser evil. Hence the previous Western moves to give material and technical assistance to the rebels have slowed considerably while calls for a negotiated solution grow louder. Not surprisingly and following on the success of the Iran nuclear accord, negotiations on the Syrian crisis are now scheduled for January in Geneva, and include the Iranians as interested parties along with those supporting the anti-Assad forces grouped in and around the non-jihadist Syrian National Coalition and Free Syrian Army.

For Iran, this was the bargaining chip. It can agree to temporarily halt its nuclear enrichment efforts in exchange not just for sanctions relief but also in exchange for a reprieve for Assad. As things stood, its nuclear program invited massive preemptive attack and Assad’s fall spelled the end of its geopolitical influence. By agreeing to curtail its nuclear program to verifiable peaceful uses in exchange for a withdrawal of Western aid to the Syrian rebels and sanctions relief, Iran is able to buy Assad enough time to defeat the rebels, thereby maintaining Iran’s influence as a regional power while it re-builds its domestic economy unfettered by sanctions. Israel and the Saudis may not be happy about this, but their narrow interests have been shown to not be coincident with those of their Western allies on a number of strategic issues, Iran being just one of them.

Political scientists would call this the nested game scenario: within the public “game” involving negotiations between Iran and its foreign interlocutors lie other confidential or private “games” that are key to resolving the larger impasse over its nuclear program (Iranian involvement in Iraqi domestic politics might be another). These games are defined as much by those who are excluded as those who are involved in them.

All of this is speculation, and any “nested game” deal on Syria would be part of the non-public aspects of the agreement  and therefore deliberately non-verifiable over the near term absent a leak. But there is enough written between the lines of the public rhetoric to suggest that this may be what is at play rather than a simple compromise on the limits of Iran’s nuclear ambitions.

 

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What once was is again to be.

Long before I arrived in NZ I was a jazz DJ at a couple of US public radio stations (when I was a grad student). Responsibilities came and went such that they intruded upon the hobby after 1985, but now I have a newborn child and this is just a taste of what I want him to hear as he comes into our world.

http://www.youtube.com/watch?v=PygdDdJ0IRY

Then I remembered that I have always I had a thing about Texas blues, which brings up the subject of Booker Ervin.

http://www.youtube.com/watch?v=BIrw93uMmss

Which extends to the issue of patience and self-restraint under controlled bluesy conditions:

http://www.youtube.com/watch?v=hJ-cwHFkWjE&feature=share

Otherwise such talent can get one killed:

http://www.youtube.com/watch?v=lRIXN9f-Ap4

All public domain, so all free to listen.

This new born son will have his ears full, as did his now adult siblings.

Two questions: given the talent of such as Mike Nock, why is there no dedicated jazz radio in NZ (or at least Auckland)? Or am I missing something other than the occasional show on bFM?

 

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Espiando nossos amigos (Spying on our friends).

Well well well.

Edward Snowden has revealed that the Canadian signals intelligence agency Communications Security Establishment Canada (CSEC), a Five Eyes partner of New Zealand’s signals intelligence agency GCSB, has been electronically spying on a communications network operated by the Brazilian mines and energy ministry. Brazil has a strategy of using its natural resources exploitation to become a major power, and the Ministry of Mining and Energy (MME) is the coordination node for that strategy. The network connected the ministry, state run oil and mine companies and private Brazilian energy firms, and was a forum where subjects such as investment strategies, negotiating positions and other sensitive commercial information were discussed. This included comunications with firms such as Petrobras, the Brazilian state-owned oil conglomerate.

Needless to say, the MME communications network, presumably internet and telephonic in nature, would be of value to competitors or others seeking to countervail Brazilian economic growth and power projection. With its own energy sector comprising a vital part of Canada’s economy (often in competition with Brazilian interests), it should not be entirely surprising that the Canadian government authorized this instance of economic espionage.

CSEC shared what it obtained with its Five Eyes partners. That particular revelation follows on the heels of Snowden disclosing that the NSA tapped into the personal as well as official communications of Brazilian President Dilma Rousseff, although it is unclear if these were also shared with the other Five Eyes partners.

The CESC angle is interesting because Brazil is no adversary of the Five Eyes nations (in fact, it has a history of alliance with the US) and because Petrobras is a direct competitor of US and Canadian energy firms in a number of markets, including some in the Asia-Pacific. Petrobras has also been involved in pushing for off-shore oil and gas exploration rights in New Zealand, which means that the New Zealand government is quite possibly privy, in advance and thanks to the Canadians, to the Brazilian’s internal logics and bottom lines with regards to those ventures.

If so, it is possible that the recently passed legislation to severely curtail sea demonstrations against oil and gas exploration in New Zealand waters was motivated not by a direct request from Petrobras and other energy sector actors, but by direct knowledge of its internal concerns about the cost impact of such demonstrations if left unchecked. If this speculation is correct, it would be a twist to the economic espionage tale because the National government used the information gleaned by Echelon to help rather than hinder the activities of a foreign based private firm facing strong domestic opposition.

Whatever the specifics, the Canadian-Brazilian spy saga confirms what Snowden has previously disclosed, which is that the Five Eyes network routinely engages in economic espionage on allies as well as adversaries. Brazil has protested the intrusions vigorously, most recently by calling in the Canadian ambassador in Brasilia to complain about the breach of trust and previously by means of President Rousseff’s scathing speech to the UN General Assembly where she denounced the practice of spying on friends and partners. The Brazilians denunciations are not just rhetoric–they are actively looking for ways to create alternative internet routing systems that can circumvent US dominance of fiber optic cable networks. They have been joined in this initiative by–no surprises here–the Chinese.

Given these revelations, the questions begs as to what the GCSB is doing when it comes to economic espionage on allies or partners as well as adversaries. Given the Canadian revelations and given that Canada is considered to be a junior partner in Echelon/Five Eyes just like New Zealand, by what means does the GCSB do so and does it share the information that it collects with its Five Eyes counterparts?

We must remember that it is already known that the GCSB has eavesdropped on Japanese diplomatic communications regarding whaling and on UN communications in the build up to both Gulf Wars. Although this is a more traditional form of signals intelligence gathering in that it targeted diplomatic intercepts, the communications being intercepted were from a country that New Zealand is friendly with and an organization that New Zealand has been a champion of (and in which it is lobbying for a seat on the Security Council).

The revelations are important because it suggests that economic espionage by the Five Eyes network is pervasive and equally shared amongst the partners.

If I were involved with a Chinese firm, to say nothing of Petrobras and any number of other foreign commercial entities (state or private), I would be concerned about doing business in and with New Zealand given what we now know (so far–there is more to come). Forget milk powder contamination and other production snafus: the real issue is not so much product quality or reliability but whether New Zealand can be trusted to not use its signals intelligence capabilities and network to engage in the type of economic espionage the Canadians and Americans are clearly doing (and one would assume the Australians and British are doing as well). That the GCSB can now do it locally as well as from afar (thanks to the recently passed GCSB Act amendments) should double the concern.

The same concerns might be raised by the eight countries involved in negotiating the Trans-Pacific Partnership (TPP) trade and investment agreement that are not Echelon members. Australia, Canada, New Zealand and the US are parties to the negotiations, which given the Snowden revelations raises questions as to what they might covertly know about the other countries’ negotiating positions and about how much of what they might know is shared exclusively amongst themselves in order to better coordinate their approaches to the negotiations.

It should also be remembered that the NSA used private telecommunications firms and other corporate entities to cast its signals trolling net overseas. Does the GCSB do the same?

Of course, other countries engage in economic espionage. The Chinese, Russians, French and Israelis are known for it. But none of these countries have had their means and targets exposed in public, nor do they have the reach of the Five Eyes network at their disposal.

It is a big difference. If the Chinese, Russians or many others, either directly via state agencies or through  any number of non-state (including corporate) fronts, want to obtain signals intelligence abroad, they have to do so covertly. But the Five Eyes partners freely share their signals intelligence. In other words, non-Five Eyes signals intelligence agencies have to try and sneak through back doors to access the sensitive information of others, whereas the Echelon members freely pass surreptitiously gathered information through the front doors of their respective signals intelligence agencies.

Perhaps that is why the GCSB and TSIC Bills have been pushed so hard and so fast by the National government. The concern was not about terrorism, which served as a good fig leaf. The concern was not just defensive, in countering cyber and signals espionage on New Zealand targets and interests No, the concern was as much if not more offensive in nature in that the new powers of the GCSB facilitates exactly the type of spying that the CSEC was engaged in with regard to Brazil.

More precisely, before the passage of the Bills (I am assuming that the TSIC bill will pass) the GCSB could engage in economic espionage on friendly countries and firms but the legality of it doing so was in question when it came to it engaging in such spying (as well as more traditional types of signals intelligence) on New Zealand soil. Now it can do so legally. Any country or firm not part of the Five Eyes network that proposes to do business with or in New Zealand needs to take account of that.

The bottom line is that the Snowden revelations increasingly point to GCSB involvement in economic espionage of the first order. It may be only a matter of time before he drops a bombshell about the who, what and where of GCSB espionage. For a minuscule isolated nation heavily dependent on trade with foreign partners for its economic prosperity, this could be a potentially disastrous development.

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Note to John Key: Zaoui was innocent.

Once John Key realized that his efforts to expand state spying powers were not meeting with the usual docile approval on the part of the public, he retreated to his usual habit of spinning alarmist tall tales (The terrorists are here! The terrorists are in Yemen but coming back!) and smearing his detractors. Some time ago it was Jon Stephenson and Nicky Hagar who got the smear treatment over their coverage of NZDF, SIS and GCSB activities in Afghanistan, with Key dismissing them as liars and conspiracy theorists. Now he has threatened the Human Rights Commission because of its opposition to the GCSB and TICS Bills and dismissed the Law Society’s objections as politically motivated.

His comments about the Law Society are revealing, because he has launched a personal attack on Law Society spokesperson Rodney Harrison QC for being part of Ahmed Zaoui’s legal defense team. Here he has outdone himself on the sniveling weasel scale, because he not only makes it appear that Harrison was somehow wrong to help Zaoui defend himself against claims that he was a terrorist, but he smears Zaoui himself in the process.

Let us be very clear: Ahmed Zaoui was never a terrorist, nor did he knowingly associate with terrorists. He was a member of a legitimate Algerian opposition movement in exile who were forced out of their homeland after a military coup that deposed the democratically elected government that they were part of. Because his political activities in exile made host governments in Europe uncomfortable (governments with close ties to the Algerian military regime), he was forced to undergo two politically motivated sham trials in France and Belgium and when that did not stop him from continuing his political work, to involuntarily globe trot in search of security for himself and his family after his residency permits were canceled.

After stints in Burkina Faso and Malaysia, and with the Algerian secret services on his tail, he made his way to New Zealand and requested political asylum. For that he was jailed, held in solitary confinement for nearly a year in a maximum security prison, spent another 14 months in a medium security prison before being granted bail, and in all was forced to undergo five years of legal wrangling before his refugee request was granted (a request that was initially approved by the Refugee Status Appeals Authority in August 2003 but opposed by the SIS). His treatment by the Clark government was abhorrent.

Let us also be clear that the terrorist claims against Zaoui were manufactured by the SIS, sometimes in amateurish fashion (such as the so-called “casing” video that detailed his travels through Southeast Asia before embarking on a plane bound for New Zealand). The director of the SIS at the time, the duplicitous ex-ambassador and self-admitted Francophile Richard Woods, orchestrated a campaign of smears and falsehoods against Zaoui so as to keep in the good graces of the French government, a project that he had begun during his posting to the New Zealand embassy in Paris (as ambassador to France and Algeria) in the mid 1990s. Wanting to look tough on terrorism post 9/11, the Clark government aided and abetted Mr. Wood’s character assassination project, and it is to its everlasting shame that it did so.

In the end, the accusations against Zaoui were thoroughly and systematically discredited by Mr. Harrison and his legal team, and the SIS was forced to rescind the security risk certificate issued against him. In September 2007 he was granted asylum and the following month his wife and four children joined him. He is now a small businessman living with his family in Auckland.

This is why John Key is behaving like a sniveling weasel. In order to garner support for his spying bills he has played on latent anti-Muslim prejudice and fears of terrorism long after the Zaoui case ended to make it appear that Zaoui was guilty of something and that Mr. Harrison was wrong to defend him.

Yet the truth is quite different: Mr. Zaoui was an innocent man wrongly accused for political and diplomatic reasons by the New Zealand authorities of crimes he never committed. Mr Harrison was one of the champions who defended Zaoui against the gross injustice perpetrated against him by the State. Both men displayed integrity and steadfastness of purpose in the face of concerted official duplicity and malice.

If nothing else, Mr. Key’s cynical revision of historical events for scare-mongering purposes, set against the backdrop of SIS dishonesty in the Zaoui case and the GCSB illegal wiretapping of Kim Dotcom, should be added reason why the GCSB and TICS Bills need to be resisted. After all, if this is how the Minister of Intelligence and Security and his agencies operate under current law, what does that say about what they could do with expanded powers?

One thing is certain. Of the three men involved in this story, one cannot be trusted to act with honesty and integrity in the face of adversity. That person is not Ahmed Zaoui or Rodney Harrison, QC.

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Better to pause than to rush.

The Parliamentary Select Committee hearings on the Bills to amend the 2003 GCSB Act and 2004 Telecommunications (Interception Capability and Security) Act have begun this week. There is much interest in the hearings not only because of the content of the Bills under consideration, but also because they are open to the public. The cast of characters scheduled to present is as colorful as it is deep: Kim Dotcom, the CTU, the Law Society, Internet NZ and several telecommunications firms are among those representing.

Even so, some of the public discussion surrounding the proposed reforms has been stunningly stupid. In recent weeks the Herald featured two editorials supporting the proposed changes. The first claimed that the changes would help prevent a Boston Bombing scenario (a claim that the Prime Minister has parroted; Winston Peters prefers to use the train station bombing hypothetical). That ignores the fact that US intelligence agencies could not do so even with their massive meta data-mining schemes and a tip from Russian authorities. Nor could they prevent the Fort Hood massacre even though the perpetrator was in regular email contact with an al-Qaeda leader in Yemen prior to the shooting.

Worse yet, the Prime Minister and others such as this editorial writer make it seem as if counter-terrorism is the primary function of intelligence operations. It is not. Traditional inter-state espionage, no matter what the technologies used, remain the major part of intelligence work. The counter-terrorism angle provides a convenient fig leaf for the expansion of intelligence networks and the scope of their authority, but in reality occupies a relatively small amount of intelligence resources and attention. This is particularly true for countries that are not on the front lines of the so-called “war on terrorism.”

The second editorial, by a supposed former intelligence officer, claimed that those who oppose the Bill are scaremongers and uninformed, even though the Law Society, Internet NZ and several other professional groups have registered their opposition on legal as well as technical grounds. The author also asserted that because civil servants drafted the proposed changes, we should accept them in good faith. Yeah right.

I beg to differ. There is clearly a need to “tidy up” the legal framework governing GCSB activities on home soil because under the current Act the role of the GCSB in domestic espionage is murky. But civil libertarians and privacy rights activists have legitimate reason to oppose the GCSB Bill in its present form.

The Bill expands the terms and conditions under which the GCSB can engage in domestic espionage, including reasons that have nothing to do with national security and for agencies unrelated to it. Those responsible for issuing the warrants under which the GCSB would “assist” domestic agencies would be those who currently do so, in a cross-signed fashion in the case of spying on New Zealand citizens and residents. If the targeted entity falls under the foreign intelligence collection mandate of the GCSB (which targets “foreign entities,” in New Zealand, including private firms as well as diplomatic missions), warrantless intercepts can be authorized even if they extend to New Zealanders.

In light of past excesses and mistakes it is evident that leaving warrant issuance to the Prime Minister and a retired judge (the Commissioner for Security Warrants) is pure folly even when done in combination. These are the individuals who were on watch during the Dotcom raid and, in the case of the Prime Minister, claimed ignorance after the fact as to how and why the GCSB became unlawfully involved in it.

The definition of threat to national security under which the GCSB would act is too nebulous and broad to prevent mission creep into common law enforcement and encroachments on individual and group privacy. For example, under the proposed legislation the GCSB could assist the Department of Primary Industries to spy on environmental activists on behalf of fishing, logging or mining interests if their protests were deemed injurious to the economic well-being of the nation, which can be construed as a threat to national security under current definition of the term.

The oversight mechanisms proposed by the Kitteridge Report are a veneer on what currently exists. Even if bolstered by a Deputy and some additional clerical staff and funding, the Inspector General of Intelligence and Security is simply too dependent and too powerless to effectively serve as the overseer of the New Zealand intelligence community. Absent effective independent oversight such as that which could come by making the Inspector General’s office a Department of Parliament responsible to a Parliamentary Committee with powers of compulsion under oath, the room for unaccountable manipulation of intelligence flows and analysis remains great.

The Telecommunications (Interception Capability and Security) BIll that accompanies the GCSB Bill is more draconian than similar legislation under the US Patriot Act. It compels telecommunications companies to provide access to their source and encryption codes (that is, provide warrantless access before the fact to private accounts when no threats are evident). It authorizes GCSB espionage operations without the consent of affected private entities as part of its “information assurance and cyber assurance” function, which is designed to safeguard a broadly defined information infrastructure consisting all forms of telecommunications emissions, systems and networks. In other words, one way or another the GCSB would have the ability to surreptitiously monitor all New Zealand based telecommunications regardless of whether or not they involved clear threats to national security.

Since New Zealand is not a major target of inter-state cyber espionage or in the so-called war on terrorism, that is an overreach. India, Brazil, Italy, Spain, Canada, Germany and many other democracies who arguably are much more at risk for espionage and terrorism do not have such legislation. In most the separation of foreign and domestic espionage is made quite clear in law, with the latter carried out mostly by the Police, national gendarmes or local investigative agencies with help from foreign-focused intelligence agencies only in the most exceptional circumstances (even then, agencies like Interpol exist as the first line of recourse used to facilitate international crime investigations).

What is the problem in requesting voluntary telecommunications company cooperation with national security investigations, particularly when they are clearly focused on clear and present threats? What telecommunications provider would refuse such a request, especially if issued under warrant specifying the reasons? If such a system works for the countries mentioned above, why can it not work here?

The official presumption in the T(ICS) bill that telecommunications firms need to be compelled rather than be allowed to voluntarily cooperate with intelligence agencies on matters of national security says more about the disposition of the government than it does about that of the firms involved.

By expanding the GCSB’s domestic “assistance” role in two capacities (information assurance and cyber security to public and private entities as well as technical assistance to sister agencies), the proposed changes run the risk of deviating it from its main foreign signals intelligence and counter-cyber espionage efforts. It will add a further burden to it’s already stretched staff of analysts, engineers, linguists and cryptographers. Since increased funding and recruitment are circumscribed by the present climate of fiscal austerity, it does not appear likely that resources for the GCSB will be increased commiserate with the increase in its domestic assistance authority.

Interestingly, the GCSB and T(ICS) Bills were proposed soon after issuance of the Kitteridge Report on the GCSB, which was driven by the unlawful electronic monitoring of Kim Dotcom and associates by that agency. Given the level of detail in the Bills, that suggests that they were drafted before Ms. Kitteridge’s findings and recommendations were finalized. This contradicts the government’s claim that the Bills came in response to the findings of that report.

In a world in which threats are increasingly “intermestic” or “glocal” in nature and in which the boundary between national law enforcement and international security is increasingly blurred, there is reason to adjust the legislative apparatus governing the role, scope and functions of the New Zealand intelligence community, including its international commitments. At present the GCSB and sister agencies appear rudderless, unsure of who and what purpose they serve, much less how they should prioritize their essential responsibilities.

This is why a full inquiry into the New Zealand intelligence community is needed before any reforms are made to its legal architecture, especially given that the last review of New Zealand intelligence operations occurred in the 1970s.

The inquiry could well start with exploring what New Zealand’s threat environment consists of now and in the near to medium future, including proximate and distant threats of a physical (environmental and epidemiological), economic, military, diplomatic and criminal nature. It could then turn to outlining the specific meaning of “national security” in light of these threats (with the balance between minimalist and expansive definitions of national security needing to be debated and precisely defined).

It might consider how current policy decisions or orientations can set the stage for the emergence or facilitation of future threats (such as by trying to play off trade and security relations with competing great powers as a form of hedging or strategic balancing act). Having done that, it could proceed to review the way in which the intelligence community operates so as to offer prescriptions for its better tailoring to the threat environment extant and foreseeable.

Much has happened since the last intelligence review, both in terms of the nature of national security threats as well as the technologies they employ and those used to counter them. It is therefore prudent to pause and review how New Zealand intelligence operations are conducted rather than rush to pass legislation that retroactively exculpates past unlawful behavior by the GCSB while expanding the reach of those who authorized it.

 

A short version of this essay appeared in the New Zealand Herald on July 2, 2013 under the title “GCSB bill going too far too fast.”

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Withdrawal from Echelon: a realistic watershed moment in intelligence reform or Left political posturing?

In light of the attention brought to matters of intelligence collection and analysis in recent months, it is entirely reasonable for the Greens and Labour to demand a fill inquiry into the organization, role and functions of the New Zealand intelligence community, including its responsibilities and obligations in international intelligence networks such as Echelon/5 Eyes and other less publicized arrangements. As the Kitteridge Report noted with regard to the GCSB and what the Zaoui case demonstrated in the case of the SIS, there were or are serious deficiencies in both agencies. These are as much if not more managerial than operational, but the truth is that a review of the entire intelligence community is overdue in light of the changing realities of intelligence gathering in the 21st century.

That is why the National government’s attempt to pass reforms to the 2003 GCSB Act that extend its domestic powers and scope of authority, coupled with the proposed Telecommunications (Interception Capability and Security) Bill that would, among other things, force telecommunications firms to provide backdoor access to their source and encryption codes, needs to be delayed until such time a proper inquiry into the entire espionage complex is undertaken. Without full understanding of areas of strength and weakness in the system, it is impossible to knowledgeably address the proposed reforms in the way signals intelligence is gathered and used in and by New Zealand, much less how it should be balanced against rights to privacy and institutional accountability.

As part of the calls for the inquiry, some on the Left have proposed that a review of New Zealand’s participation in Echelon be undertaken. Some have gone so far to say that it could become another watershed moment such as that surrounding the 1985 non-nuclear declaration. Presumably the watershed would be occasioned by a withdrawal from Echelon.

As much as I think that a review of New Zealand’s role in Echelon is welcome, especially in light of the Kim Dotcom case and recent revelations about mass scale meta-data mining by the US National Security Agency (and the meta-data mining by the GCSB revealed by the Kitteridge Report), I think that it would be absolute folly to withdraw from Echelon. Changes in the terms and conditions of New Zealand’s participation in Echelon may be warranted, but a full withdrawal from the signals intelligence-sharing community composed of the US, UK, Australia, Canada and NZ seems foolish.

I will not reiterate here the early warning, big picture and deep insight benefits that NZ accrues from being an Echelon partner. What I will note is that it has been a partner in Echelon for more than three decades, and as such shares some of the most guarded secrets, both historical and contemporary, of the Anglophone intelligence community. This includes methods, technologies, locations and sources for signals intelligence collection as well as the content of specific subjects of interest.

The Echelon partners will take a very dim view of these secrets suddenly becoming insecure as a result of a NZ withdrawal from Echelon. No matter what assurances may be given or what phased devolution of responsibilities is proposed, they are bound to fret about classified Echelon information falling into hostile hands as a result of that decision. That will likely prompt a full scope defensive counter-response to minimize the possibility of damaging or sensitive material falling into the “wrong” hands.

That response will far outweigh the diplomatic estrangement caused by the non-nuclear declaration (which ultimately amounted to a freeze on bilateral military-to-military contacts but which did not alter intelligence sharing or diplomatic relations in any significant measure). The negative consequences of withdrawal from Echelon will be felt in the intelligence arena, but will also be felt economically, militarily, and most definitely cyber-electronically, and will not just come from the other 5 Eyes partners.

Under a Labour/Green government that decides to withdraw from Echelon, New Zealand might seek to hedge its bets by establishing intelligence sharing ties with the People’s Republic of China or Russia. The first would complement the economic re-orientation towards the PRC in recent years, whereas the latter would cultivate relations with a long-term and now resurgent Western adversary (which is now in the process of re-deploying submarines to the South Pacific for the first time in over 20 years). Either move would show a clear commitment to diplomatic re-alignment away from traditional partners and towards Eurasia, something that would nicely complement the primary geographic focus of NZ’s trade-oriented foreign policy (we should remember that NZ is in the early stages of negotiations with Russia on a “free” trade agreement).

For both Russia and the PRC, gaining access to Echelon data would be invaluable even if the remaining 4 Eyes are forced to completely overhaul their systems in order to limit the damage caused by a NZ “flip.” In fact, the repercussions from such an act might force NZ to seek the security protection of either great power. One assumes that for this to happen the NZ public will be comfortable with the shift in alignment.

It is less probable that other Western nations such as France or Germany would want to jeopardize their relations with the Echelon community by entering into an alternative signals intelligence-sharing arrangement with NZ. Perhaps rising powers such as India, South Africa or Brazil might want to take advantage of the window of opportunity, but that also seems unlikely.

That is why I believe that the speculation about an inquiry into the intelligence community resulting in a “watershed” NZ withdrawal from Echelon is poorly considered. Escaping international commitments of any sort is fraught in many ways, and in order to do so the benefits of reneging must clearly outweigh the costs. The decision must enjoy broad support and be politically sustainable at home as well as abroad.

In that light, the benefits of a withdrawal from Echelon are uncertain and the downside of withdrawing from such a long-term and highly sensitive international security commitment is too great and too obvious for such talk to be anything but ignorant or Labour/Green posturing in the build up to next year’s elections. If that is the case, it undermines the Labour/Green bid to have a full inquiry into NZ intelligence community reform because there will be little support outside of select party factions for a move to withdraw from Echelon, and any reform initiatives that include that possibility will not be taken seriously.

It would therefore seem best for the Greens (in particular) and Labour to stifle such speculation from within their ranks in order for their calls for a full inquiry into the NZ intelligence community be given due consideration. That still leaves much room for review, but has a better chance of garnering broad-based support than by continuing to entertain thoughts about watershed moments.

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Blogging and consulting.

I am somewhat amused by the attacks on Martyn Bradbury over his consultant relationship with Mana while running a leftwing blog. From what I gather Bomber has been pretty upfront about his association with leftist organizations (without having to go into the particulars), and even if his advertorial work on behalf of a certain medical service provider was on the margins of ethical, he is certainly no different than many other pundits attempting to earn a crust.

The blogging right (and some journalists) seem to be going after Bomber for two reasons. One is that, for rightwing bloggers the Lusk/Slater revelations needed a diversion, or at least a modicum of balance. Bomber has made plenty of enemies on the right (and some on the left), so he is an easy target. That is particularly so for point number two: his consultancy fees for Mana are ultimately paid for by the NZ taxpayer. The right blogosphere has all but choked on that thought and some have suggested a conflict of interest on Bomber’s part.

I really do not see what is the big deal. Some rightwing bloggers undoubtably consult for public agencies and political parties. Some are every open about their arrangements, and some are not. So what? Various people are trotted out in the media to give their opinions as supposed experts about political issues. Some of these people have financial relationships with political entities and some of them blog. This may or may not be known to the produces and interviewers, and the talking heads may or may not reveal their associations. Again, so what? Can their views not be judged on the merits rather than on who they may be shilling for or what they write on blogs? And if they are selling a particular line in the media, is it not the job of the interviewers to call them on it?

Blogging can generate revenue for a fortunate few, but most blog for free. Many blog under their own names, but some, like us here, use pseudonyms (in our case pretty obvious ones). Sponsored blogging obviously toes an editorial line (less so in the case of ad-derived revenues, since ads are placed on blogs more due to a blog’s popularity than its content). Sponsor-free blogging provides a forum for expression unbeholden to client relationships or employer dictates. Even so, bloggers tend to understand the limits to what they can say in their posts. In the KP experience as a sponsor-free blog by design, members of the blogging collective have taken a hiatus or desisted from blogging about topics connected to their work when potential conflicts are discernible. It is simply prudent and common sense to do so.

Consulting is about offering informed advice and opinion for a fee. In my post-academic life I have found that many people seek advice or opinion, but few want to pay for it. Most seem to think that there is no research or work involved in developing the expertise required to give said advice. They think that their areas of interest are naturally those of the prospective advisor.They forget that it is they who are doing the asking for a service they are unable to provide for themselves.

Think of it this way: if you cannot do the electrical work when installing lighting in your home or business, you pay an electrician to do so. So why would you call a “terrorism expert” and ask him to give his views on a given terrorist event for free? Why would you ask a political risk advisor or strategic analyst to provide expert advice or opinion for free?

That is why fee-paying clients are highly valued by consultants, whether the latter blog or not. It also ensures that consultants who blog are keenly attuned to client requirements in and outside the service provision relationship that binds them together.

That advice given to a client may or may not be congruent with what a consultant cum blogger writes on a blog. The client may or may not know of the consultant’s blogging activities, but regardless the relationship is based on something other than the content of the blog. If the client decides that the content of the blog is not acceptable for some reason, the consultancy contract will not be renewed. Since consultancies operate on a retainer, hourly or service project fee basis, there is latitude in the contractual terms, which may or may not include prohibitions or editorial constraints on blogging content that is deemed inimical to the client’s reputation or goals.

People may disagree with Bomber’s views on political matters to the point of questioning his credibility, and many might wonder why anyone would pay for Bomber’s advice. His advice may be intuitive rather than “expert.” In my opinion, his views on politics have been wrong from time to time. So what?

The issue of credibility and paying for advice is between the client and Bomber, and in Mana’s case, the party seems content with the arrangement. There is no conflict of interest. There is no hidden agenda. That is the end of the story.  As a private contractor Bomber does not have to reveal anything about his consulting relationships, much less on his blog or in his other media work. In this he is no different from Brian Edwards, Bill Ralston or others who give privileged (and private) advice to clients in parallel with their public writing and commentating. Again, this is no big deal.

In the end, this episode strikes me as a rightwing beat up that is designed to deflect attention away from National’s internal divisions by targeting a convenient leftwing object of contempt. In other words, it is all about politics rather than professional ethics. That seems natural, because if it were the other way around and the shoe was on the other foot, some of those leading the charge against Bomber would not have a leg to stand on.

 

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The differences between hate crime and terrorism.

Coverage of the murder of a British soldier in London and a subsequent stabbing of a French soldier in Paris by presumably Muslim extremists demonstrates how governments and some media outlets misuse the term “terrorism.”

After 9/11 “terrorism,” and its subset “Islamic terrorism,” became the favoured terms used to describe most types of politically motivated violence. That serves the purposes of government security agencies, many of which have expanded their powers of arrest and detention without charge, warrantless search and surveillance and legal scope of authority under the rubric of anti-terrorism legislation passed in the wake of 9/11. New Zealand is no exception in this regard, and the current proposal to amend the GCSB ACT 2003 is a continuation of that trend.

Branding political violence as terrorism allows the state to ignore standard notions of civil liberties and rights under the law because of the “special” nature of the terrorist threat. It justifies the profiling of entire communities of people who share basic traits or affinities with terrorist suspects. It fuels the growth of private and public security agencies focused on thwarting unconventional attacks at the same time that it militarizes domestic security, expands intelligence networks and re-focuses the strategic orientation of the military itself. It plays on fear and uncertainty for purposes unrelated to the actual threat posed by terrorism.

For the uncritical media, labeling all acts of political violence as terrorism feeds on sensationalism in pursuit of profit. Some lump all political violence done by designated “others” (most recently, Muslims) as terrorist acts in order to promote specific political agendas. Thus the attack on the US consulate in Benghazi, which was a standard guerilla operation against a symbol of US power, is portrayed by mainstream US outlets as a terrorist assault on American existential values rather than as a low-level threat against a defended compound that was ignored prior to its materializing.

Others reproduce government narratives about terrorism without deconstructing ulterior motives. This symbiotically serves both sides but leaves the truth somewhere in between. It is therefore worth distinguishing between political violence in general, and hate crimes and terrorism in particular.

Political violence is that which is done for political or ideological reasons. It may be due to grievance, fear, opportunism, or latent tensions based on long-standing differences. It may act as a precipitant or catalyst for broader violence by igniting sectarian conflicts. There are many reasons for and many types of political violence. Not all are terrorism.

Regicide is the killing of kings (in this day and age Game of Thrones fans are the most familiar with the concept). Political fratricide is the killing of partisans by their colleagues (some of which can be done symbolically, as recent New Zealand Labour Party ructions have shown). Homicidal attacks on presidents, premiers, prime ministers and politicians of all stripes are political murders by virtue of the victim’s status as much as the perpetrator’s motives. Lethal riots and clashes between political factions are mass political violence. None of these are terrorism.

Hate crimes are crimes committed out of loathing and contempt. They are rooted in fear, ignorance and frustration or prejudice grounded in historical enmity, political conflict or cultural difference. Although they may have symbolic purpose, they are often acts of desperation and usually are highly personalized or individualistic in nature.

Terrorism is an act of symbolic violence against civilians, often in mass settings. It attempts to raise the political costs of pursuing a given policy line by undermining the will of the subject population supporting it. The objective is to impose the political will of the perpetrator by fomenting a pervasive feeling of dread and uncertainty in the subject population that renders them paralyzed in terms of response, and to reassure adherents that through such acts ideological goals can be achieved against powerful enemies.

The target is different than the subject and is chosen precisely because of the symbolism inherent in its selection. Thus the World Trade Center and Pentagon were chosen as targets by al-Qaeda because of their symbolism and the impact the attacks would have on the will of the US government and people. The attacks also sought to demonstrate to the Muslim ummah that armed resistance to Western secularism was possible. Whether or not terrorism actually accomplishes its goals (the record is mixed), the rationale of terrorism focuses on the erosion of will in a subject entity so as to undermine support for a particular stance or position on a contentious issue.

Terrorism has been used as a tactic in warfare, by States against their own people, by criminal groups, and by non-state actors. The majority of modern terrorist acts have been perpetrated by states in and out of warfare. Criminal organizations regularly terrorize individuals and communities as a form of intimidation. In this era terrorism is most often associated with non-state actors espousing anti-status quo views based upon ideological grounds.

The murder of the British soldier was a politically motivated hate crime. Two disgruntled British born Muslims (one a convert), apparently backed by a few others, committed a homicide in broad daylight because they are unhappy with British foreign policy in Muslim lands. They may also have had personal motives and grievances. Yet the Cameron government called the murder “terrorism-related,” convened an emergency meeting of its most senior anti-terrorism group, placed all security services on increased alert, and spoke of possible copycat killings.

Commentators have suggested that this represents a new phase of Islamic terrorism, whereby terrorists are home grown, grassroots, self-radicalized and decentralized small groups or “lone wolf” (individual) operators such as those involved in the Boston Marathon bombings or Fort Hood shootings.

That may be true, as the campaign against al-Qaeda has made prohibitive its ability to carry out large-scale attacks such as 9/11 or the Madrid train bombings by eliminating those who have the capability to undertake them. In response, al-Qaeda has morphed into an irregular warfare network that seeks to pursue low-level operations in the West while taking advantage of the instability in North and Sub-Saharan Africa caused by regime collapse or state failure in order to secure territorial and political gains.

The change of tactics against Western targets is a sign of desperation and futility. Such low-level acts of violence pose no existential threat to the subject populations and governments. Few have the potential to involve mass casualties in numbers that would undermine the collective will. Even if carried out repeatedly, it is arguable whether they can achieve the objective of changing the overall thrust of Western policy vis a vis Islam (less arguable is the suggestion that, in fact, al-Qaeda operations did alter the thrust of Western approaches to Islam). In other words, whether they were initially successful or not, al-Qaeda’s tactics in the West have been reduced from ideologically-based, mass-targeted terrorism to low level hate crimes.

The contrast in government approach and media coverage is remarkable when the violence is meted out against rather than by Muslims. In early May a Muslim shop keeper was hacked to death with a machete in Birmingham. CCTV caught a Caucasian suspect leaving the scene and the police labeled the murder as a hate crime. In the aftermath of the soldier’s murder there has been an upsurge in violence against British Muslims, all of which has been treated as hate crimes. Likewise, in the US targeted violence against Muslims is officially viewed as hate crimes, but Muslim violence is most often framed as terrorist-inspired.

There is certainly overlap between terrorism and politically motivated hate crimes in some instances, but the preponderance of low-level acts of politically motivated violence is the latter even if the perpetrators are Muslim. That is more so now that al-Qaeda has been decimated.

That means that such acts of political violence should be treated by the justice system as common crimes rather than as special events. Terrorism is properly understood as a criminal conspiracy to commit mass murder for ideological reasons. Hate crimes are independent acts of individual or small group violence done for ascriptive reasons. Criminal justices systems already address both.

It also means that there is no genuine justification for creating a separate body of legislation specifically designed to counter terrorism as a special sort of political violence, much less justify the intrusions on civil liberties and individual rights that such legislation entails. Whereas the large scale attacks of 9/11, Madrid, London and Bali appeared to justify in the minds of some a war-like approach by Western states to the political violence known as Islamic terrorism, that is no longer true if it ever was.

The conflation of hate crimes and terrorism serves the purposes of the perpetrators as well as the security agencies that confront them. It serves the self-interest of the corporate media, which publicizes the messages of both sides in order to generate revenue. What is not served is the common good brought about by informed consideration of the causes and effects of different types of political violence, as well as the remedies for them.