The GCSB is officially a mess. The only question now is who is going to wear the blame? There are plenty of likely candidates pointing their fingers at each other, but the ‘prime’ target is the minister directly and ultimately responsible for the agency. That is a big problem for National. [Read more below]
John Key reassured the public in September last year that the illegal Kim Dotcom surveillance was an ‘isolated incident’ writes Andrea Vance, and yet questions were being raised five months before then – see: Illegal spying kept secret for months. Vance has raised five very good questions that need answering:
1) Why did John Key not reveal these other 85 cases earlier?
2) Why did he not disclose this to MPs on Parliament's security and intelligence committee, which meets behind closed doors?
3) Why did the GCSB ask Bill English to sign a ministerial warrant?
4) Why is there no mention of these cases or the concerns raised by Inspector-General of Intelligence and Security Paul Neazor in his September report?
5) Why did retired judge Mr Neazor, Commissioner for Security Warrants Sir John Jeffries, also a retired judge, or Mr Key not question how the law allowed the GCSB to spy on behalf of the SIS?’
For many more questions, and suggestions of what an independent inquiry might look into, see Selwyn Manning’s Why John Key Is Part Of The Intel Problem Not The Solution.
Some of the answers lie in under-resourcing says Gordon Campbell, who some time ago thought that the Inspector General’s office is ‘the kind of watchdog agency you’d expect to find down at the $2 shop’ – see: On the GCSB’s practice of spying on New Zealanders.
The Government needs to avoid damage to the prime ministerial watchdog, and that has been the priority for some time says Nicky Hager: ‘Right from the first publicity about illegal GCSB spying on Kim Dotcom, there has been a concerted effort by the government to try to avoid any blame or responsibility falling on Key. But that is where it ultimately belongs’ – see: Who is really responsible for the GCSB shenanigans?. And it’s Hager who might expect to be the number one enemy of GCSB, which is why cartoonist Chris Slane (@Slanecartoons) has playfully tweeted ‘What's the bet those 55 kiwis spied upon were mostly Nicky Hager?’. Another Slane tweet: ‘Top tip for govt agencies: break laws until you get more powers’. For other insightful or humourous tweets on the matter, see my blogpost, Top tweets about the latest GCSB scandal.
Avoiding blame is now much complicated by still having to fix the mess. The idea of simply making legal now what was done illegally in the past is being advocated by ex-GCSB boss Bruce Ferguson – see: GCSB laws need changing – ex-spy boss – and by the Prime Minister himself. This is also the pushed strongly by David Farrar in An excellent report – namely that any errors, while wrong, were a mistake and the Kitteridge report is evidence that the Government is committed to fixing the problems. Requiring the SIS to do the snooping without the help of the GCSB would be a wasteful duplication of resources. But the fix may be making the situation worse according to Gordon Campbell: ‘the cleaning out of the former military old guard at the GCSB, and the installation of a “change manager” in Ian Fletcher who has personal links to the PM. This amounts to a concentration of the security services, bringing them more closely in line with the PM’s policy agendas’.
Danyl Mclauchlan says the proposed solution should sound familiar as it ‘is the same as National’s previous response when the police were caught illegally spying on New Zealanders. No one gets held accountable, and the law is changed to enable the previously illegal activity’ – see: Now you’ll be humming that ‘No one is to blame’ song for the rest of the day. See also Mclauchlan’s post: Implausible, blatant lie of the day, morning edition.
There is much skepticism over the claim that the problem is one of legal interpretation. The relevant clause is actually quite clear and easy to understand says Scott Yorke: ‘The GCSB's website boldly proclaims "Mastery of Cyberspace for the security of New Zealand". It is a grandiose claim, but it rings a little hollow when the organisation cannot even understand a basic piece of legislation. The GCSB should focus more attention on mastering their legal obligations – see: Mastery of legislation should come first. Colin Espiner is similarly dismissive: ‘Given the spectacular incompetence of the GCSB over the Kim Dotcom raid, its inability to read even simple legislation, and the damning report by Cabinet Secretary Rebecca Kitteridge, I sure as hell don't want them going through my rubbish’ – see: Fixing a broken law.
It was not a legal technicality when the legislation was introduced by Labour’s Michael Cullen with assurances that GCSB spying on citizens was a ‘myth’. ‘Time to dig out the tinfoil hats, because it turns out the conspiracy theorists aren't so mad. The GCSB spied on Kiwis, we now know, under the guise of acting for other domestic agencies’ writes Tracy Watkins’ Conspiracy theorists had more than a glimmer of truth. And in terms of conspiracies, another one is put forward on The Standard, arguing that John Key deliberately arranged so that Bill English signed the infamous GCSB Ministerial Warrant to suppress in court the illegal spying information. Such a theory would normally appear utterly absurd and silly, but in the context of recent coverups and shambles, perhaps it’s not all that farfetched – see: The fix is in.
The leak of the report has added to the prevailing sense of incompetence and farce. There is suspicion that the Government itself leaked the report to coincide with John Key being of the country – a claim denied by both Key and English. John Armstrong says: ‘English had better be right. If he is found to be wrong and has misled Parliament, he will be in big trouble - and the Government will be more than shaken, if not stirred’ – see: Mystery over leaked report.
Whatever the political outcomes, it appears big changes are afoot for our spies. Opposition parties are increasingly strident in calls for a complete overhaul – see TV3’s 'Whole system is corrupt' – Norman. Similarly, I went on TV3’s Firstline this morning and argued that the dysfunctional spying agency is out of control and needs to have it wings clipped, not extended – see: Inquiry into GCSB needed – Edwards. But perhaps the strongest critique comes today from the Southland Times, which says the Government’s plans to make the GCSB’s illegal acts legal ‘must be ardently resisted’ – see: Sorry state of spydom. The paper lampoons the potential thought processes going on inside the Government as amounting to ‘political syllogism’: ‘It's those three quick and careless steps: 1) We must do something. 2) This is something. 3) So this is what we must do’. A wise warning.
Today’s links
GCSB
Selwyn Manning (Daily Blog): Why John Key Is Part Of The Intel Problem Not The Solution
Nicky Hager (Pundit): Who is really responsible for the GCSB shenanigans?
Gordon Campbell (Scoop): On the GCSB’s practice of spying on New Zealanders
John Armstrong (Herald): Mystery over leaked report
Danyl Mclauchlan (Dim Post): Now you’ll be humming that ‘No one is to blame’ song for the rest of the day
Danyl Mclauchlan (Dim Post): Implausible, blatant lie of the day, morning edition
Jane Clifton (Stuff): English sticks to party line of 'not knowing'
Dan Satherley (TV3):Inquiry into GCSB needed - Edwards
Dan Satherley (TV3): 'Whole system is corrupt' – Norman
Kate Chapman and Hamish Rutherford (Stuff): Key: GCSB should be able to spy on Kiwis
Audrey Young (Herald): GCSB needs more oversight - Key
Martyn Bradbury (Daily blog): Key wants to legalize the GCSBs Eye of Mordor – We are all Kim Dotcom today
Jacob Brown (Newstalk ZB): Kiwis may never know if spies knowingly broke law
Newstalk ZB: Complete overhaul of spy agency underway
Adam Bennett (Herald): GCSB report: 88 cases of possible illegal spying uncovered
Herald: Report: Up to 85 cases of illegal spying uncovered
Keith Locke (Daily Blog): Everything about the GCSB is up for debate – including the closure of Waihopai
Imogen Crispe (TV3): GCSB report 'knocks public confidence' – Key
TV3: Campbell Live: Ian Fletcher and the future of the GCSB
TVNZ: Spy report exposes 'shortcomings' - GCSB boss
Newstalk ZB: Govt to release report on GCSB
No Right Turn: Lawless and dysfunctional
David Farrar (Kiwiblog): GCSB report released
Martyn Bradbury (Daily Blog): So the GCSB has illegally spied on 85 NZers since 2003 – Key & Clark have questions to answer
Pete George (Your NZ): Government Communications Sieve Bureau
Will de Cleene (goNZo): Who Defends New Zealand from the People Who Defend New Zealand?
NewstalkZB Staff (NewstalkZB): Almost 90 may have been spied on illegally
3 News (TV3): GCSB laws need changing – ex-spy boss
Tova O’Brien (TV3): GCSB to undergo major overhaul
Imogen Crispe andThomas Mead (TV3): The GCSB report: an in depth look
TVNZ: Spy agency could have illegally spied on dozens of Kiwis
Standard: The fix is in
Cameron Slater (Whaleoil): DomPost uses News of the World ambush tactics to trick readers
Standard: Kitteridge report released
Laura Heathcote (NewstalkZB): Former GCSB head rejects criticism
Jerram Watts (TV3): Labour wants immediate inquiry into GCSB
Andrea Vance (Stuff): Spy agency's lawfulness questioned for months
Gordon Campbell (Wellingtonian): Cronyism by another name
The Jackal: Keys dodgy appointment
Chris Trotter (Stuff): Plenty of life left in Fletchergate
Tracy Watkins (Stuff): Conspiracy theorists had more than a glimmer of truth
David Farrar (Kiwiblog): An excellent report
Herald: PM irked by GCSB report disruption
Laura McQuillan (TV3): Spy agency set to get new powers
RadioNZ: PM looks at GCSB law change
Corin Dann (TVNZ): Key maintains stance on Dotcom spying timeline
Adam Bennett (Herald): PM promises to clear up any doubt about spy agency role
TVNZ: PM promising swift action to fix spy agency's problems
Andrea Vance (Stuff): Illegal spying kept secret for months
Southland Times: Sorry state of spydom
Felix Marwick (NewstalkZB):Scope for two GCSB inquiries
James Henderson (Standard): Key to make GCSB’s illegal spying legal
Newswire (TV3): MPs want to know who leaked report
Dim-Post: Yet another leak Paula Rebstock won’t be investigating
David Farrar (Kiwiblog): Fixing GCSB
The Jackal: Fletcher drops a clanger
Scott Yorke (ImperitorFish): Mastery of legislation should come first
TVNZ: GCSB boss fronts up over job appointment
Bryce Edwards (liberation): Top tweets about the latest GCSB scandal
Andrea Vance (Stuff): Secret report unveils extensive illegal spying
3 News (TV3): Report details more GCSB spying
Adam Bennett (Herald): Ex-spy boss lashes out at PM's claims
Mark Blackham (BlacklandPR): Know when to shut up
The Civilian: Bill English pleased to have House to himself
The Jackal: Lopsided journalism
Dim-Post: Do not meddle in the affairs of knuckleheads, for they are quick to anger and not remotely subtle
Peter Aranyi (PaePae): John Key toughens up? “Forearmed is forewarned (sic), I’m going to change.”
The Jackal: Ian Fletcher must resign
RadioNZ: Interpretation of Act covering GCSB
Dominion: Public trust betrayed by spies
Local Bodies: John Key Is No Prime Minister
Andrea Vance: Senior spy had too much to do
Andrea Vance: From Dotcom to the new boss: A GCSB timeline
Pete George (YourNZ): On John Key: “it’s an issue of trustworthiness”
Aaron Hawkins (DailyBlog): Send In The Clown