web analytics

NRT: Key admits the GCSB has broken the law

Written By: - Date published: 4:45 pm, September 17th, 2014 - 17 comments
Categories: law, Spying - Tags: , ,

no-right-turn-256Reposted from No Right Turn

When on Monday Edward Snowden alleged that New Zealand data was held in the NSA’s XKEYSCORE database, and that the GCSB had access to it, Key refused to comment. Now he’s come clean and admitted that Snowden “may well be right”. But its all OK because (according to Key) the information wasn’t gathered by GCSB. Except then he says that it is:

“However, what I can say in terms of those kinds of Five Eyes databases… yes New Zealand will contribute some information but not mass, wholesale surveillance as people might say.”

Parsing this, John Key is clearly saying that the GCSB is collecting (some) information on New Zealanders for intelligence purposes. The problem? That’s absolutely illegal. While Key inserted a nice little loophole allowing metadata spying for cybersecurity purposes, his spy law still explicitly bans the GCSB from spying on New Zealanders for intelligence purposes. Which raises the obvious question: are the GCSB breaking the law by spying on kiwis for intelligence purposes, or are they breaking the law by spying for cybersecurity then using the information for intelligence purposes anyway? I think we deserve some answers on this.

Also note: if the GCSB has access to XKEYSCORE, and XKEYSCORE has information on New Zealanders, then arguably they’ve intercepted it even if that information has been collected by another agency, as they have “acquired” it. And if they actually look at it, there’s no “arguable” about it. Acquiring or receiving a communication, or acquiring its “substance, meaning, or sense” (meaning a summary or translation) is legallyintercepting it, and if done without a lawful warrant (and again, no warrant on a New Zealander for intelligence purposes is lawful) is a crime. So, GCSB staff trained in XKEYSCORE: congratulations, you’re all criminals.

17 comments on “NRT: Key admits the GCSB has broken the law”

  1. Tracey 1

    Does it though?

    Rod Harrison was suggesting back during the debate of this that the new Act enabled spying on us all, took it from illegal to legal?

    http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10913479

  2. philj 2

    xox
    Dancing on the head of a pin again Pinokeyo.

  3. Kaplan 3

    Are we certain it’s not actually being stored here:
    http://www.stuff.co.nz/technology/60075949/niwa-supercomputer-hacked.html

    No one has ever adequately explained why the chinese wanted to look at our weather predictions.

  4. Sable 4

    There is no legitimate law in this country anymore. Its becoming a tacky little US satellite state along the lines of Puerto Rico. Run by craven quislings whose only job is to keep the people poor and desperate for any work whilst they and their foreign masters milk them for all they are worth.

  5. karol 5

    Selwyn Manning’s latest article is very informative. It’s on the NSA’s use of PPPs, and the possibility that NSA’s operations in NZ are run by a corporate front eg Palantir.

    He draws on the Snowden documents (about NZ and elsewhere) plus other research, mostly done online.

    Has the Prime Minister been outplayed by the deep state, the true masters of the great game? And while we are searching to locate the NSA’s base in New Zealand, could it actually be that the US spy agency has deployed the perfect mask, a PPP like no other?
    […]
    The NSA’s PPP arrangements permit the state-aligned entity to avoid laws, regulations and statutory controls on what it, and other Five Eyes members like the GCSB, can and cannot do.

    Long, detailed, and a must read.

  6. Tony 6

    It’s just a matter of semantics! Of course the GCSB is not undertaking mass surveillance on NZers – they simply don’t have the resources. But mass information gathering, ah, that’s another matter. Then they can access any of that gathered information to look at anyone they wish to investigate.

    • Steve 6.1

      Of course it’s semantics and slippery is now wriggling big time and what has been going on is indeed mass surveillance. If there’s a “security” camera set up in a street to monitor the comings and goings that is what we would commonly refer to as surveillance. Completely irrelevant as to whether it’s being watched or not.

  7. Wolfram Alfalfa 7

    Cybersecurity = mass surveillance of subsets of the main set (the Main set being all NZers) using Algorithims analysing data from Overseas that was not gathered in your country (but still stolen). Use taps for local data connections (key point is you need to get local NZ data out to 5 eyes partners) then bring the 2 data sets together.

    When does a set become a subset (i.e. mass surveillance becomes targeted, scaled down)

    Algorithims:
    1.Government + Corporate (risk + probability – who you are, what data you could have accesses to, skill, knowledge, degrees,.your background, “unusual behavior”, social net work analysis GPS phone/car, facial + number plate recognition (basically anything that makes sense to measure, you measure accurately, particularly physical (location/who you talk to) as harder to fake). Typically by who you associate with. Tap computers at source/home, get round vpn, tor or already present in hardware brought from source etc……

    2. Same as above for any other subset of people (operation 8 or anti TPP)
    Algorithm = warning = activation = look at data = look at someone, track them….(question is if an algorithm sees, is it accessing the data, are people seeing = analogy = full body security scans US airports, you only see a generic profile, not the body, if something dodgy, then alarm, note CCT computer analysis at airports…. checks body movements etc.

    Note majority of people probably do have petty crime to hide (i.e. illegal downloads etc), essentially not interested in that…. its political thought crime or if you like anything that can destabilize the system. Particularly Government workers, security, military and or big business.

    The KEY Question, though, is whose system. The system that backs up TPP…..and at what point does mass surveillance become scaled down?

  8. karol 8

    Just found a couple of articles showing there were questions asked last year about NSA tapping the Southern Cross Cable.

    I see someone else has just found this one too – being retweeted around the place: Southern Cross Cable company offered spy acces to the cable so Telecom could keep the costs down: David Fisher article August 2013.

    Last month Denis Teggg had discovered an NSA engineer had been in NZ in 2013:

    New Zealand lawyer Denis Tegg found a reference to the engineer’s visit in unclassified NSA papers saying he was in New Zealand for technical discussions regarding a future Government Communications Security Bureau SSO site.

    SSO stands for Special Source Operations, which have the ability to tap countries’ fibre-optic cables so phone calls, internet and email use can be intercepted.

    Green Party co-leader Russel Norman said on Friday the revelation about the meeting in Blenheim, where the GCSB has its Waihopai spy base, is extraordinary. He said the Government needs to be honest with New Zealanders about whether they’re being spied on using powerful US technology.
    Russel Norman.

    “This is about establishing an interception point on the Southern Cross cable that connects New Zealand to the rest of the world, he said.”

    John Minto had raised questions about the possible tapping of the Southern Cross cable in May this year.

  9. timbo 9

    Do you think we could get Cheryl Gwyn a warrant to use XKEYSCORE to have a look at Jason Ede’s emails, and those sent from the Level 9 photocopier? That’d leave Mr Key with a few questions to answer…

    • Wolfram Alfalfa 9.1

      Hey Timbo, hold that thought…

      How about using XKEYSCORE to sort out if the Dotcom e-mail is real or not, also any of Keys comms as well.

      e-mail: Purporting to be from Warner Bros’ the head of home entertainment Kevin Tsujihara to MPAA’s Asia-Pacific president Michael Ellis claiming that “John Keywas keen to grant Dotcom residency despite pushback from officials about his criminal past.

      Or worse still, is the USA Dept of Justice a bit like Crusher collins? i.e. allegedly pushing agendas for certain companies?

  10. Wolfram Alfalfa 10

    Sorry, just thinking out of the box;

    http://www.lockheedmartin.com/us/who-we-are/global/new-zealand.html?

    In New Zealand, Lockheed Martin employs over 200 people in its project ALEXANDER logistics management and warehousing solution, which supports the New Zealand Defence Force, Police and other emergency and essential services organisations?

    http://defensetech.org/2014/03/17/lockheed-raises-quantum-computing-bet/

  11. rich the other 11

    Well Well , A big day for Key , justification that everyone will understand .

    Ausse spy agency’s have foiled a terror attack in Sydney .
    It seems a random BEHEADING was one of the planned acts .
    By the end of today , any of this anti spying /GCSB rhetoric will be put into perspective by voters , like it or not spying is here to stay .

    • One Anonymous Bloke 11.1

      If it’s all about spying on would-be violent criminals why is all the private conversation focussed on economic espionage?

      It will be interesting to see if the Aussie allegations yield guilty verdicts and how any evidence has been gathered.

      Key is in the gun because he lied and lied and lied; as Greenwald says, this (ubiquitous surveillance) is a decision for the New Zealand public, not lying Prime Ministers.

    • One Anonymous Bloke 11.2

      By the way, there is no number of beheadings that will help you put the glitter back on the turd. He’s a dangerous liar and everyone can see.

    • Kaplan 11.3

      So why doesn’t Key just say what we all know? ‘Yes the NSA collects metadata on Kiwis and the GCSB is able to view that data’?
      If it’s justifiable, then say so.

Recent Comments

Recent Posts

  • Government drives low-emissions transport momentum
    Up to 110 new EV chargers nationwide in cities and regions 50 electric vehicles for ride-sharing The Government is helping deliver more infrastructure and options for low emissions transport through new projects, Energy and Resources Minister Dr Megan Woods says. Tauranga, Nelson, Levin, New Plymouth and Oamaru are just some ...
    BeehiveBy beehive.govt.nz
    6 hours ago
  • Kiwis better off under Coalition Government
    New Zealanders are increasingly better off under this Government as wages rise and families have more disposable income, Finance Minister Grant Robertson says. Stats NZ reported today that average household disposable incomes after housing costs rose 4.9% in 2019. This was the highest rise in four years and came as ...
    BeehiveBy beehive.govt.nz
    22 hours ago
  • Another step towards restoring rights for screen production workers
    All New Zealanders need to have their voices heard at work to ensure we have an inclusive and productive economy. Today we introduce a Bill to do this for workers in the New Zealand screen industry, Workplace Relations and Safety Minister Iain Lees-Galloway says. “The Screen Industry Workers Bill will ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Enhanced Taskforce Green for Southland and South Otago
    The Government has announced further help for the Southland and Otago regions to speed up recovery efforts from the floods.  “I’ve approved Enhanced Taskforce Green (ETFG), making $500,000 available to help with the clean-up in Fiordland, Southland, and the Clutha district in Otago,” Minister for Social Development Carmel Sepuloni said.  ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Employers and Industry take the lead to connect students to vocational education
    Following the announcement that more than 340 schools will be funded to run events promoting vocational education, the Government has announced it will fund a further 257 events to be run by employers and industry. “These industry-run events will allow more than 30,000 students to connect with more than 2,000 ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Rental reforms a step closer with the introduction of the Residential Tenancies Amendment Bill
    Today the Government is making progress on a fairer and more secure rental market for renters and landlords with the introduction of the Residential Tenancies Amendment Bill in Parliament.  “This Bill includes a series of reforms to improve the wellbeing of the 609,700 households that live in rented homes, and ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Biosecurity Minister announces world first eradication of pea weevil
    A Government programme to wipe out pea weevil has achieved a world first, with Biosecurity Minister Damien O’Connor today announcing the successful eradication of the noxious pest from Wairarapa. This means the nearly four-year ban on pea plants and pea straw was lifted today. Commercial and home gardeners can again grow ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Temporary Accommodation Service activated for Southland flooding
    Southland residents hit by flooding caused by heavy rainfall can now access help finding temporary accommodation with the Government activating the Temporary Accommodation Service, Minister of Civil Defence Peeni Henare announced today. “The Temporary Accommodation Service (TAS) has been activated by the Ministry of Business, Innovation and Employment to help ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Bridges: Over-hyped and under-delivered
    “Is that it?” That’s Finance Minister Grant Robertson’s response to Simon Bridges’ much-hyped economic speech today. “Simon Bridges just gave the most over-hyped and under-delivered speech that I can remember during my time in politics,” Grant Robertson said. “It’s not surprising. Simon Bridges literally said on the radio this morning ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Police to trial eye in the sky in Christchurch
    A trial deployment of the Police Eagle helicopter in Christchurch will test whether the aircraft would make a significant difference to crime prevention and community safety. “The Bell 429 helicopter will be based in Christchurch for five weeks, from 17 February to 20 March,” said Police Minister Stuart Nash. “The ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Momentum of trade talks continues with visits to promote Pacific and Middle East links
    The Government has kept up the pace of its work to promote New Zealand’s trade interests and diversify our export markets, with visits to Fiji and the United Arab Emirates (UAE) by Trade and Export Growth Minister David Parker. Building momentum to bring the PACER Plus trade and development agreement ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Coalition Govt’s investment in Customs nets record drugs haul: 3 tonnes stopped at borders in 2019
    The Coalition Government’s investment in a strong border and disrupting transnational organised crime produced record results for stopping drugs in 2019, says Minister of Customs Jenny Salesa. The illegal drugs were seized at the New Zealand border by Customs, and overseas by Customs’ international border partners before the drugs could ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Separated scenic cycleway starts
    Transport Minister Phil Twyford today kicked off construction of a separated cycleway alongside Tamaki Drive. A two-way separated cycleway will be built along the northern side of Tamaki Drive, between the Quay Street Cycleway extension and Ngapipi Road. There will be a separate walking path alongside. Phil Twyford said giving ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Earthquake-Prone Building loan scheme: eligibility criteria announced
    Owner-occupiers of unit and apartments living in earthquake-prone buildings will have certainty about the financial support they’ll be eligible for with the release of criteria for an upcoming assistance scheme, Minister for Building and Construction Jenny Salesa says. The Residential Earthquake-Prone Building Financial Assistance Scheme will help unit owners facing ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Travel restrictions to remain in place as coronavirus precaution
    Temporary restrictions on travel from China will remain in place as a precautionary measure to protect against the spread of the COVID-19 coronavirus. The restrictions which prevent foreign nationals travelling from, or transiting through, mainland China from entering New Zealand have been extended for a further 8 days. This position ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Over $1 million to help Tairāwhiti youth into employment
    Employment Minister Willie Jackson announced today that Tairāwhiti rangatahi will benefit from an investment made by the Government’s He Poutama Rangatahi (HPR) scheme. The funding will go to the Tautua Village, Kauneke programme and the Matapuna Supported Employment Programme which will fund 120 rangatahi over two years. “Both programmes work ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • School attendance has to improve
    All parents and caregivers need to ensure that their children go to school unless they are sick, Associate Education Minister Tracey Martin said today. “The school attendance results for 2019 show, across the board, a drop in the number of students going to school regularly,” the Minister says. “Apart from ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Crown and Moriori sign a Deed of Settlement
    A Deed of Settlement agreeing redress for historical Treaty claims has been signed by the Crown and Moriori at Kōpinga Marae on Rēkohu (Chatham Islands) today, Minister for Treaty of Waitangi Negotiations Andrew Little has announced. Moriori have a tradition of peace that extends back over 600 years. This settlement ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Waikato Expressway driving towards completion
    Transport Minister Phil Twyford today with Māori King Tuheitia Pōtatau Te Wherowhero VII officially opened the country’s newest road, the $384 million Huntly section of the Waikato Expressway. The 15km four-lane highway with side and central safety barriers takes State Highway 1 east of Huntly town, across lowlands and streams ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • 3400 New Zealanders treated in first year of new hepatitis C treatment
    The rapid uptake of life-saving new hepatitis C medicine Maviret since it was funded by PHARMAC a year ago means the elimination of the deadly disease from this country is a realistic goal, Health Minister David Clark says. Hepatitis C is a blood-borne virus which attacks the liver, proving fatal ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Kaupapa Māori approach for homelessness
      Kaupapa Māori will underpin the Government’s new plan to deal with homelessness announced by the Prime Minister in Auckland this morning. “Māori are massively overrepresented among people experiencing homelessness, so, to achieve different outcomes for Māori, we have to do things very differently,” says the Minister of Māori Development ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Government steps up action to prevent homelessness
    1000 new transitional housing places delivered by end of year to reduce demand for emergency motel accommodation. Introduce 25% of income payment, after 7 days, for those in emergency motel accommodation to bring in line with other forms of accommodation support. Over $70m extra to programmes that prevents those at ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Important step for new financial conduct regime
    Clear requirements for ensuring customers are treated fairly by banks, insurers and other financial service providers are included in new financial conduct legislation that passed its first reading today. “The recent reviews, by the Financial Markets Authority (FMA) and Reserve Bank of New Zealand, into the conduct of banks and ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Applications invited for $7 million Regional Culture and Heritage Fund
    Applications are now open for the fifth round of the Regional Culture and Heritage Fund Associate Minister for Arts, Culture and Heritage Grant Robertson announced today.   “I am delighted to open this year’s fund which has some $7 million available to support performing arts venues, galleries, museums and whare ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Law Commission appointment celebrates Māori and women
    The Minister of Māori Development, Hon Nanaia Mahuta today congratulated Associate Professor Amokura Kawharu on her appointment as the next President of the Law Commission.  “Amokura Kawharu will be a standout in her new role, leading in an innovative and forward looking approach to the law reform process. She will ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Associate Professor Amokura Kawharu Appointed Law Commission President
    Auckland University legal academic Amokura Kawharu has been appointed as the next President of the Law Commission, Justice Minister Andrew Little announced today.    Associate Professor Kawharu will take up her new appointment on 11 May 2020.   “I would like to congratulate Associate Professor Kawharu on her appointment,” Andrew ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Minister of Employment launches Youth Ready Employer Programme
    A programme for employers to help them engage effectively with younger employees was launched today by Minister of Employment, Willie Jackson. The Youth Ready Employer Programme contains a range of on-line templates that employers can easily access to help with employing and retaining young people in their businesses. The programme ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Budget 2020 date announced
    Budget 2020 will be delivered on Thursday 14 May, Finance Minister Grant Robertson announced today. “This year’s Budget will continue the Coalition Government’s focus on tackling the long-term challenges facing New Zealand while also preparing the economy for the future. “Those challenges and opportunities cannot be resolved in one budget, ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Prime Minister’s tribute to former Prime Minister Mike Moore
    I move, That this House place on record its appreciation and thanks for the devoted and distinguished service to New Zealand by the late Rt Hon Michael Kenneth Moore, member of the Order of New Zealand, a member of Her Majesty's Most Honourable Privy Council, an Honorary Member of the ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Agriculture Minister declares adverse event in Northland
    Agriculture Minister Damien O’Connor has today classified the drought conditions in Northland as an adverse event for the primary sector, unlocking $80,000 in Government support. “This is recognition that the extreme and prolonged nature of this dry spell is taking its toll on our farmers and growers and additional support ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Police disrupt methamphetamine trade
    The Minister of Police says an operation to smash a trans national drug smuggling ring today will make a significant impact on the methamphetamine trade fuelling harm in our communities. Police have announced 10 arrests and the seizure of up to five million dollars’ worth of illicit drugs after an ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Crown accounts in good shape to counter global challenges
    The Government’s books are in a strong position to withstand global headwinds, with the accounts in surplus and expenses close to forecast, Finance Minister Grant Robertson says. The Treasury today released the Crown accounts for the six months to December. The operating balance before gains and losses (OBEGAL) was above ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Racing Safety Development Fund open for applications
    Race courses can improve safety with this year’s second round of funding from the Racing Safety Development Fund. Minister for Racing Winston Peters has announced the second funding round of 2019/20 is open with $347,875 available for distribution. “The racing industry is integral to the economic and social fabric of ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Strengthening New Zealand’s Immunisation System
    Hundreds of thousands of young adults will be offered measles vaccinations in a new campaign to strengthen New Zealand’s immunisation system, Associate Health Minister Julie Anne Genter said at its launch in Auckland today. “About 300,000 young adults aged between 15 and 29 are not fully protected against measles, and ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Government to fund Aids research
    The Government is committing $300,000 to fund research to update behavioural information to make sure HIV and STI prevention services are targeted appropriately in New Zealand. Prime Minister Jacinda Ardern and Finance Minister Grant Robertson made the announcement at today’s Big Gay Out in Auckland. “There is much talk about ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Work to begin on a possible new public media entity
    The Minister of Broadcasting, Communications and Digital Media has announced work will begin on a business case to assess the viability of forming a new public media entity.   “The Government must ensure New Zealanders have a strong independent public media service for decades to come, which means ensuring public ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Government support for communities impacted by flooding
      Minister of Civil Defence Hon Peeni Henare announced today that the Government will contribute $100,000 to the Southland regional Mayoral Relief Fund, to support communities impacted by the recent flooding in Southland.  Mr Henare says this week’s flooding has caused significant disruption to communities in the lower South Island.  ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • New grants for seismic strengthening of heritage buildings
    Heritage buildings throughout New Zealand will benefit from the $1.1 million in Heritage EQUIP funding grants announced today. “These grants for seismic strengthening projects help private building owners get the advice they need to start building work or to get the work completed,” Grant Robertson says. “Timaru’s Grosvenor Hotel has ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Next level results for game development industry
    A new survey has found New Zealand’s game development sector has grown beyond expectations and is on track to becoming a billion dollar industry in 2025, Economic Development Minister Phil Twyford says. “New Zealand’s interactive media sector grew by 42 per cent in last financial year to $203.4 million, according ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • More than 70 marae online through PGF
    Te Tii, the lower marae at Waitangi, is among more than 70 marae now connected to broadband internet thanks to the Provincial Growth Fund’s marae connectivity scheme, Regional Economic Development Minister Shane Jones said today. In February 2019, the Provincial Growth Fund (PGF) allocated $21 million to connect rural towns ...
    BeehiveBy beehive.govt.nz
    2 weeks ago