Tech Liberty on GCSB Bill
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- Date published:
7:19 am, August 15th, 2013 - 8 comments
Categories: law, Spying -
Tags: GCSB, Spying, Tech Liberty, Thomas Beagle
Thomas Beagle at Tech Liberty has done a great job at presenting the technicalities of the Key-Dunne GCSB spying bill:
Does the new GCSB Bill give them the power to spy on New Zealanders?
Spying on behalfFirstly, everyone agrees that section 8C of the Bill will allow the GCSB to spy on New Zealanders on behalf of the SIS, Police or NZ Defence Force. This is the “giving assistance” part and it appears to be limited to only doing things that the original agency would have the legal authority to do. …
GCSB spying on New Zealanders
The GCSB also has the power do its own spying on New Zealanders as part of its new cybersecurity purpose (defined in section 8A). “to do everything that is necessary or desirable to protect the security and integrity of the communications and information infrastructures”.
The main interception powers are granted by section 15A and this makes it very clear that both interception warrants and access authorisations can be granted for the GCSB to spy on New Zealanders under purpose 8A (cybersecurity).
Interception warrants vs access authorisations
… an interception warranted is targeted at a person or place (although the targeting can be very, very broad), whereas an access authorisation allows general access to all the information on a particular computer system, network or phone system, or a specified type of all of those systems.
The only difference between those granted for spying on foreigners and those for spying on New Zealanders, is that the ones targeting New Zealanders have to be signed off by the Commissioner of Security Warrants as well as the Prime Minister. The Commissioner is appointed by the Prime Minister.
Doesn’t section 14 stop the GCSB spying on New Zealanders?
The new section 14 only stops the GCSB from spying on New Zealanders for purpose 8B (intelligence gathering and analysis). It does not apply to any surveillance done in relation to cybersecurity (purpose 8A) or done on behalf of other agencies (purpose 8C).
The new section 15C does stop the GCSB deliberately intercepting privileged communications (e.g. to your lawyer). However, see note below about incidentally gained intelligence.
Warrantless spying?
Section 16 of the GCSB Act also allows certain forms of spying without a warrant or access authorisation. However, the bill adds section 16(1A) which says that this cannot be done for the purpose of intercepting the communications of New Zealanders. (See the notes below about metadata and incidentally gained intelligence.)
Putting it all together
So what does all this mean?
Most importantly it clearly shows that the GCSB can spy on New Zealanders for its own purposes without doing it on behalf of another agency.
We see that this has been deliberately set up to allow mass surveillance either now or in the future. For example, the GCSB could apply for an access authorisation for access to “New Zealand’s mobile networks” and, after being signed off by the Prime Minister and the Commissioner for Security Warrants, they could then use that access authorisation to collect all phone calls, texts and data sent over the mobile networks.
This collected information could then be analysed and the resulting intelligence given to the Minister and any person, whether in New Zealand or overseas, authorised by the Minister (section 8A(c)).
In theory this activity would have to be done as part of their purpose to “protect the security and integrity of the communications and information infrastructures” but we see that this could be interpreted rather widely.
The post goes on to discuss other issues – Metadata, Incidentally gained intelligence, Access authorisation for the GCSB, Sharing data overseas, Collecting data from overseas, What about data that New Zealanders store overseas? – well worth your time to go and read the whole thing. Russell Brown also raises some useful issues in this post, referencing Beagle’s.
Tech Liberty have been on this case for a while now, and it was interesting to read this exchange of letters. Beagle writes to Key with 11 questions on the spying bill, polite reasonable questions covering a range of topics that should be of interest to all New Zealanders. The reply is a useless form letter, addressing none of them.
Finally, the current poster for the meeting coming up on Monday night – good to see that David Shearer has joined the speaking line up.
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For the second year running, the government has effectively cut wages for the lowest paid workers in New Zealand. ...5 days ago
- Govt’s miserly 1.5% minimum wage will take workers backwards
The Government’s announcement today of a 1.5 per cent increase to minimum wage is another blow for workers, with inflation projected to exceed the increase, meaning it’s a real terms pay reduction for many. ...5 days ago
- Release: Govt shirking responsibility for rate hikes
All the Government has achieved from its announcement today is to continue to push responsibility back on councils for its own lack of action to help bring down skyrocketing rates. ...5 days ago
- Luxon’s ‘localism’ strikes again
The Government has used its final post-Cabinet press conference of the year to punch down on local government without offering any credible solutions to the issues our councils are facing. ...6 days ago
- Release: Govt breaks promise on EV chargers
The Government has failed to keep its promise to ‘super charge’ the EV network, delivering just 292 chargers - less than half of the 670 chargers needed to meet its target. ...6 days ago
- Greens call for end to subsidies for Methanex
The Green Party is calling for the Government to stop subsidising the largest user of the country’s gas supplies, Methanex, following a report highlighting the multi-national’s disproportionate influence on energy prices in Aotearoa. ...6 days ago
- Govt child poverty targets allow for increase in poverty
The Green Party is appalled with the Government’s new child poverty targets that are based on a new ‘persistent poverty’ measure that could be met even with an increase in child poverty. ...1 week ago
- Release: Four weeks annual leave under threat
The Government’s attack on workers continues with news it is scrapping work on the Holidays Act. ...1 week ago
- Govt’s emissions plan for measly 1% reduction
New independent analysis has revealed that the Government’s Emissions Reduction Plan (ERP) will reduce emissions by a measly 1 per cent by 2030, failing to set us up for the future and meeting upcoming targets. ...1 week ago
- Greens stand in solidarity with Whakaata Māori on sad day
The loss of 27 kaimahi at Whakaata Māori and the end of its daily news bulletin is a sad day for Māori media and another step backwards for Te Tiriti o Waitangi justice. ...1 week ago
- Sanctions regime to create more hardship for families
Yesterday the Government passed cruel legislation through first reading to establish a new beneficiary sanction regime that will ultimately mean more households cannot afford the basic essentials. ...1 week ago
- Govt gifts renters housing anxiety for Christmas
Today's passing of the Government's Residential Tenancies Amendment Bill–which allows landlords to end tenancies with no reason–ignores the voice of the people and leaves renters in limbo ahead of the festive season. ...1 week ago
- Release: National Party urged to support modern slavery legislation
Labour is urging the Prime Minister to walk the talk and support legislation combating modern slavery. ...1 week ago
- Release: Labour has lost confidence in the Speaker
The Speaker of the New Zealand Parliament made an unprecedented decision on the government amendment to the Fast Track Approvals Bill last night. ...1 week ago
- One year on, still no progress on new ferries
Today’s announcement from the Government on its plan for new ferries throws more uncertainty on the future of the country’s rail network. ...2 weeks ago
- Release: Nicola Willis’ smaller ferries will cost more
After wasting a year, Nicola Willis has delivered a worse deal for the Cook Strait ferries that will end up being more expensive and take longer to arrive. ...2 weeks ago
- Bill to sanction unlawful occupation of Palestine
Green Party co-leader Chlöe Swarbrick has today launched a Member’s Bill to sanction Israel for its unlawful presence in the Occupied Palestinian Territory, as the All Out For Gaza rally reaches Parliament. ...2 weeks ago
- Release: Labour fully supports greyhound racing ban
The Government has done the right thing in moving to ban greyhound racing. ...2 weeks ago
- Greyhound racing industry ban marks new era for animal welfare
After years of advocacy, the Green Party is very happy to hear the Government has listened to our collective voices and announced the closure of the greyhound racing industry, by 1 August 2026. ...2 weeks ago
- Rangatahi voices must be centred in Government’s Relationship and Sexuality Education refresh
In response to a new report from ERO, the Government has acknowledged the urgent need for consistency across the curriculum for Relationship and Sexuality Education (RSE) in schools. ...2 weeks ago
- Govt introduces archaic anti-worker legislation
The Green Party is appalled at the Government introducing legislation that will make it easier to penalise workers fighting for better pay and conditions. ...2 weeks ago
- Winston Peters – Kinleith Mill Speech
Thank you for the invitation to speak with you tonight on behalf of the political party I belong to - which is New Zealand First. As we have heard before this evening the Kinleith Mill is proposing to reduce operations by focusing on pulp and discontinuing “lossmaking paper production”. They say that they are currently consulting on the plan to permanently shut ...2 weeks ago - Swarbrick calls on Auckland Mayor to end delay of revival of St James Theatre
Auckland Central MP, Chlöe Swarbrick, has written to Mayor Wayne Brown requesting he stop the unnecessary delays on St James Theatre’s restoration. ...2 weeks ago
- He Ara Anamata: Greens launch Emissions Reduction Plan
Today, the Green Party of Aotearoa proudly unveils its new Emissions Reduction Plan–He Ara Anamata–a blueprint reimagining our collective future. ...2 weeks ago
- Internationally-trained doctors jump at chance to boost health workforce
Health Minister Dr Shane Reti says Health New Zealand will move swiftly to support dozens of internationally-trained doctors already in New Zealand on their journey to employment here, after a tripling of sought-after examination places. “The Medical Council has delivered great news for hardworking overseas doctors who want to contribute ...10 hours ago - PM appoints business leader to APEC Business Advisory Council
Prime Minister Christopher Luxon has appointed Sarah Ottrey to the APEC Business Advisory Council (ABAC). “At my first APEC Summit in Lima, I experienced firsthand the role that ABAC plays in guaranteeing political leaders hear the voice of business,” Mr Luxon says. “New Zealand’s ABAC representatives are very well respected and ...2 days ago
- New intelligence oversight appointments
Prime Minister Christopher Luxon has announced four appointments to New Zealand’s intelligence oversight functions. The Honourable Robert Dobson KC has been appointed Chief Commissioner of Intelligence Warrants, and the Honourable Brendan Brown KC has been appointed as a Commissioner of Intelligence Warrants. The appointments of Hon Robert Dobson and Hon ...2 days ago
- New housing developments able to progress more quickly
Improvements in the average time it takes to process survey and title applications means housing developments can progress more quickly, Minister for Land Information Chris Penk says. “The government is resolutely focused on improving the building and construction pipeline,” Mr Penk says. “Applications to issue titles and subdivide land are ...2 days ago
- Actions to speed up air travel delivering results
The Government’s measures to reduce airport wait times, and better transparency around flight disruptions is delivering encouraging early results for passengers ahead of the busy summer period, Transport Minister Simeon Brown says. “Improving the efficiency of air travel is a priority for the Government to give passengers a smoother, more reliable ...2 days ago
- Ending contracted emergency housing in Rotorua
The Government today announced the intended closure of the Apollo Hotel as Contracted Emergency Housing (CEH) in Rotorua, Associate Housing Minister Tama Potaka says. This follows a 30 per cent reduction in the number of households in CEH in Rotorua since National came into Government. “Our focus is on ending CEH in the Whakarewarewa area starting ...2 days ago
- Vocational education and training decisions support return to regions
The Government will reshape vocational education and training to return decision making to regions and enable greater industry input into work-based learning Tertiary Education and Skills Minister, Penny Simmonds says. “The redesigned system will better meet the needs of learners, industry, and the economy. It includes re-establishing regional polytechnics that ...2 days ago
- Reducing the environmental impact of synthetic refrigerants
The Government is taking action to better manage synthetic refrigerants and reduce emissions caused by greenhouse gases found in heating and cooling products, Environment Minister Penny Simmonds says. “Regulations will be drafted to support a product stewardship scheme for synthetic refrigerants, Ms. Simmonds says. “Synthetic refrigerants are found in a ...2 days ago
- Ngāruawāhia section of Waikato Expressway back to 4 lanes for Christmas
People travelling on State Highway 1 north of Hamilton will be relieved that remedial works and safety improvements on the Ngāruawāhia section of the Waikato Expressway were finished today, with all lanes now open to traffic, Transport Minister Simeon Brown says.“I would like to acknowledge the patience of road users ...2 days ago
- Appointments to the ENZ board
Tertiary Education and Skills Minister, Penny Simmonds, has announced a new appointment to the board of Education New Zealand (ENZ). Dr Erik Lithander has been appointed as a new member of the ENZ board for a three-year term until 30 January 2028. “I would like to welcome Dr Erik Lithander to the ...3 days ago
- Government to celebrate Waitangi Day around NZ
The Government will have senior representatives at Waitangi Day events around the country, including at the Waitangi Treaty Grounds, but next year Prime Minister Christopher Luxon has chosen to take part in celebrations elsewhere. “It has always been my intention to celebrate Waitangi Day around the country with different ...3 days ago
- More gangs added to Gangs Act list
Two more criminal gangs will be subject to the raft of laws passed by the Coalition Government that give Police more powers to disrupt gang activity, and the intimidation they impose in our communities, Police Minister Mark Mitchell says. Following an Order passed by Cabinet, from 3 February 2025 the ...3 days ago
- Judicial appointment announced
Attorney-General Judith Collins today announced the appointment of Justice Christian Whata as a Judge of the Court of Appeal. Justice Whata’s appointment as a Judge of the Court of Appeal will take effect on 1 August 2025 and fill a vacancy created by the retirement of Hon Justice David Goddard on ...3 days ago
- GDP data highlights importance of growth
The latest economic figures highlight the importance of the steps the Government has taken to restore respect for taxpayers’ money and drive economic growth, Finance Minister Nicola Willis says. Data released today by Stats NZ shows Gross Domestic Product fell 1 per cent in the September quarter. “Treasury and most ...3 days ago
- Strengthening Free Speech in Universities
Tertiary Education and Skills Minister Penny Simmonds and Associate Minister of Education David Seymour today announced legislation changes to strengthen freedom of speech obligations on universities. “Freedom of speech is fundamental to the concept of academic freedom and there is concern that universities seem to be taking a more risk-averse ...3 days ago
- Launch of Emergency Cellular Priority Service
Police Minister, Mark Mitchell, and Internal Affairs Minister, Brooke van Velden, today launched a further Public Safety Network cellular service that alongside last year’s Cellular Roaming roll-out, puts globally-leading cellular communications capability into the hands of our emergency responders. The Public Safety Network’s new Cellular Priority service means Police, Wellington ...3 days ago
- Minister reopens Mangamuka Gorge
State Highway 1 through the Mangamuka Gorge has officially reopened today, providing a critical link for Northlanders and offering much-needed relief ahead of the busy summer period, Transport Minister Simeon Brown says.“The Mangamuka Gorge is a vital route for Northland, carrying around 1,300 vehicles per day and connecting the Far ...3 days ago
- Funding confirmed for second Ashburton Bridge
The Government has welcomed decisions by the NZ Transport Agency (NZTA) and Ashburton District Council confirming funding to boost resilience in the Canterbury region, with construction on a second Ashburton Bridge expected to begin in 2026, Transport Minister Simeon Brown says. “Delivering a second Ashburton Bridge to improve resilience and ...3 days ago
- Government boosts support for avian influenza response
The Government is backing the response into high pathogenic avian influenza (HPAI) in Otago, Biosecurity Minister Andrew Hoggard says. “Cabinet has approved new funding of $20 million to enable MPI to meet unbudgeted ongoing expenses associated with the H7N6 response including rigorous scientific testing of samples at the enhanced PC3 ...3 days ago
- Levelling the playing field for media advertising
Legislation that will repeal all advertising restrictions for broadcasters on Sundays and public holidays has passed through first reading in Parliament today, Media Minister Paul Goldsmith says. “As a growing share of audiences get their news and entertainment from streaming services, these restrictions have become increasingly redundant. New Zealand on ...4 days ago
- Inspector-General of Defence appointed
Today the House agreed to Brendan Horsley being appointed Inspector-General of Defence, Justice Minister Paul Goldsmith says. “Mr Horsley’s experience will be invaluable in overseeing the establishment of the new office and its support networks. “He is currently Inspector-General of Intelligence and Security, having held that role since June 2020. ...4 days ago
- Fire and Emergency New Zealand final levy rates confirmed
Minister of Internal Affairs Brooke van Velden says the Government has agreed to the final regulations for the levy on insurance contracts that will fund Fire and Emergency New Zealand from July 2026. “Earlier this year the Government agreed to a 2.2 percent increase to the rate of levy. Fire ...4 days ago
- More AML relief on the way for Kiwi businesses
The Government is delivering regulatory relief for New Zealand businesses through changes to the Anti-Money Laundering and Countering Financing of Terrorism Act. “The Anti-Money Laundering and Countering Financing of Terrorism Amendment Bill, which was introduced today, is the second Bill – the other being the Statutes Amendment Bill - that ...4 days ago
- Hawke’s Bay Expressway moving at pace
Transport Minister Simeon Brown has welcomed further progress on the Hawke’s Bay Expressway Road of National Significance (RoNS), with the NZ Transport Agency (NZTA) Board approving funding for the detailed design of Stage 1, paving the way for main works construction to begin in late 2025.“The Government is moving at ...4 days ago
- Government seeks partnerships to plant trees on Crown-owned-land
The Government today released a request for information (RFI) to seeking interest in partnerships to plant trees on Crown-owned land with low farming and conservation value (excluding National Parks) Forestry Minister Todd McClay announced. “Planting trees on Crown-owned land will drive economic growth by creating more forestry jobs in our regions, providing more wood ...4 days ago
- Wide ranging legislation to make justice system more efficient
Court timeliness, access to justice, and improving the quality of existing regulation are the focus of a series of law changes introduced to Parliament today by Associate Minister of Justice Nicole McKee. The three Bills in the Regulatory Systems (Justice) Amendment Bill package each improve a different part of the ...4 days ago
- Diverse skills in community trust appointments
A total of 41 appointments and reappointments have been made to the 12 community trusts around New Zealand that serve their regions, Associate Finance Minister Shane Jones says. “These trusts, and the communities they serve from the Far North to the deep south, will benefit from the rich experience, knowledge, ...4 days ago
- Torture redress for survivors of the Lake Alice Unit
The Government has confirmed how it will provide redress to survivors who were tortured at the Lake Alice Psychiatric Hospital Child and Adolescent Unit (the Lake Alice Unit). “The Royal Commission of Inquiry into Abuse in Care found that many of the 362 children who went through the Lake Alice Unit between 1972 and ...4 days ago
- A busy year in the House
It has been a busy, productive year in the House as the coalition Government works hard to get New Zealand back on track, Leader of the House Chris Bishop says. “This Government promised to rebuild the economy, restore law and order and reduce the cost of living. Our record this ...4 days ago
- Consultation opens on working with engineered stone
“Accelerated silicosis is an emerging occupational disease caused by unsafe work such as engineered stone benchtops. I am running a standalone consultation on engineered stone to understand what the industry is currently doing to manage the risks, and whether further regulatory intervention is needed,” says Workplace Relations and Safety Minister ...4 days ago
- Greater reporting on Treaty settlement commitments
Mehemea he pai mō te tangata, mahia – if it’s good for the people, get on with it. Enhanced reporting on the public sector’s delivery of Treaty settlement commitments will help improve outcomes for Māori and all New Zealanders, Māori Crown Relations Minister Tama Potaka says. Compiled together for the ...4 days ago
- New appointments to the Charities Registration Board
Mr Roger Holmes Miller and Ms Tarita Hutchinson have been appointed to the Charities Registration Board, Community and Voluntary Sector Minister Louise Upston says. “I would like to welcome the new members joining the Charities Registration Board. “The appointment of Ms Hutchinson and Mr Miller will strengthen the Board’s capacity ...4 days ago
- Building consent processing times improve
More building consent and code compliance applications are being processed within the statutory timeframe since the Government required councils to submit quarterly data, Building and Construction Minister Chris Penk says. “In the midst of a housing shortage we need to look at every step of the build process for efficiencies ...4 days ago
- Faster access to support through Innovation Fund
Mental Health Minister Matt Doocey is proud to announce the first three recipients of the Government’s $10 million Mental Health and Addiction Community Sector Innovation Fund which will enable more Kiwis faster access to mental health and addiction support. “This fund is part of the Government’s commitment to investing in ...4 days ago
- New Zealand to assist Vanuatu on earthquake response
New Zealand is providing Vanuatu assistance following yesterday's devastating earthquake, Foreign Minister Winston Peters says. "Vanuatu is a member of our Pacific family and we are supporting it in this time of acute need," Mr Peters says. "Our thoughts are with the people of Vanuatu, and we will be ...5 days ago
- Government takes steps to reduce card fees for Kiwis
The Government welcomes the Commerce Commission’s plan to reduce card fees for Kiwis by an estimated $260 million a year, Commerce and Consumer Affairs Minister Andrew Bayly says.“The Government is relentlessly focused on reducing the cost of living, so Kiwis can keep more of their hard-earned income and live a ...5 days ago
- Review recommends ECE regulation shakeup
Regulation Minister David Seymour has welcomed the Early Childhood Education (ECE) regulatory review report, the first major report from the Ministry for Regulation. The report makes 15 recommendations to modernise and simplify regulations across ECE so services can get on with what they do best – providing safe, high-quality care ...5 days ago
- Offshore Renewable Energy Bill passes first reading
The Government‘s Offshore Renewable Energy Bill to create a new regulatory regime that will enable firms to construct offshore wind generation has passed its first reading in Parliament, Energy Minister Simeon Brown says.“New Zealand currently does not have a regulatory regime for offshore renewable energy as the previous government failed ...5 days ago
- Local Government (Water Services) Bill passes first reading
Legislation to enable new water service delivery models that will drive critical investment in infrastructure has passed its first reading in Parliament, marking a significant step towards the delivery of Local Water Done Well, Local Government Minister Simeon Brown and Commerce and Consumer Affairs Minister Andrew Bayly say.“Councils and voters ...5 days ago
- Gene Technology Bill passes first reading
New Zealand is one step closer to reaping the benefits of gene technology with the passing of the first reading of the Gene Technology Bill, Science, Innovation and Technology Minister Judith Collins says. "This legislation will end New Zealand's near 30-year ban on gene technology outside the lab and is ...5 days ago
- Signs of the hīkoi: More than just ‘words on cardboard’
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The government has quietly cancelled plans to improve recycling and roll out a kerbside food scraps composting scheme. ...1 day ago
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Cheers, useful info
The town hall meeting is a big expensive event. If anyone wants to make a contribution to the costs they can be made to this bank account 38-9000-0099726-00.
I understand this is an account Bomber Bradbury has established and is being used specifically for the meeting expenses.
I’ve got an idea why don’t dotcom and woodhouse stump up with the cash ?
To do a deposit from overseas with SWIFT, we need the name of the account and the street address of the bank.
According to what I have read Key’s long wait to appear on TV to answer questions was to come out as best trained as he could. Who, watching Key last night would now be the least worried about this Bill.
I didn’t watch it myself but was Key asked if no one has anything to worry about, why has it been rushed through?
I see Keys usual cheerleaders (http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10912495) are coming out to help him further confuse and bullshit his way through another issue that takes away NZers freedoms and rights.
I swear If John Key was wearing a Nazi uniform and told Audrey Young to take her cloths off and get in the shower, Audrey would smile and reply
“Oh john was that what that nice smelling block of soap was for”.
Honestly has she forgotten Andrea Vance all ready?