Monthly Archives: June 2013

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

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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.

What should I think about Dunne?

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The thing that has struck me about the current Dunne based fuss is the number of times I end up saying “I just don’t know what I should think …”

1) Should Dunne have released the email content he received?

I started off thinking “it depends if they were sent in a professional or personal capacity”. If he had emails from a school principal talking about the effects on current special education funding on workloads, I feel like they should be released. If he had emails from the same principal about her frustrations with the RMA process and the townhouses being built which will shade out her garden, then they shouldn’t be released without her permission. Similarly, I think, if they are in a professional capacity but contain personal information about either the writer or, even more so, they should be withheld (for example principal talking about the effects on a particular student).

Then… does it matter that the emails were from a journalist? … I think so … both because she should have been more aware than most people who email a Minister about how the system works (so should have less expectation of privacy perhaps) and also because we rely on journalists to make things open which would otherwise be hidden from us (so, perhaps, should have more expectation of discretion).

So… I dunno :)

2) Couldn’t he have released the contents to David Henry based on an agreement that Henry wouldn’t further release them…

I think no. If the issue is privacy then no, showing them to Henry is unfair on the individual’s privacy. We’ve all seen situations in which a secret was told to “just one other person”, causing distress to the person whose secret it actually was.

On the other hand … if we’re talking about protecting how journalism needs to work to serve the public rather than protecting privacy … still probably no. The whole point of the Henry report was to find out how the leak occurred, if Vance wanted to contribute to that discussion (to rule out Dunne, for example) she is free to do that by releasing her emails – it is not up to Dunne to make that choice for her.

3) Should we be discussing Dunne’s motivations?

I think yes … but a little less salacious glee would be nice, and some care of other people’s privacy is required. Dunne is a public figure, who has admitted to doing a foolish thing in his public role – discussing the why is a reasonable thing. But … there is a point at which is just becomes prurience or schadenfreude. There is also a point at which is crosses a line into delving into other people’s lives way more than can be justified if we’re only interested in why one man did a foolish thing.

4) Should Vance’s role in all of this be up for discussion?

Um… no idea :) Discussing how journalists get their information seems up for discussion, unevidenced discussions of her personal life and ethics not so much. But… and this I am sure of … if someone wants her role to be up for discussion they should explicitly raise it “Vance did this thing here, and it is good/bad/ethical/unethical/whatever”, the problem at the moment is that no-one is actually saying that, they’re just all saying things about someone else and in passing accusing her of something left grey and unable to be responded to.

5) Is there a thread of sexism in here that we should be aware of?

I think so. When Peters says “there’s no fool like an old fool” he is explicitly calling on a stereotype about older men – and we can discuss whether it’s fair or accurate or relevant. But he is also implicitly reinforcing a stereotype about pretty young women who use their feminine wiles to further their careers – and we don’t seem to have room to debate that. I think that young women, working in politics, journalism, or anywhere else, could live without any more reinforcement of the view that it is blindingly obviously and completely normal they use sex to get ahead.

Blogging and consulting.

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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.