Plans to “wiretap” the net

Written By: - Date published: 10:11 am, August 19th, 2013 - 17 comments
Categories: internet, Spying - Tags: , , , ,

The second of the weekend’s must-read pieces. This one is by Vikram Kumar (CEO of Mega) published in the NBR. Here are some extracts:

Revealed: govt plans secret orders to service providers once spy bill becomes law

[Since the the first draft of the legislation, we have known the TICS Bill – the companion legislation to the GCSB Bill – makes it mandatory for telecommunications network operators (e.g. Telecom, Vodafone, 2degrees) to make their networks interceptable. The Bill leaves it to the ICT Minister’s discretion whether this provision is extended to cover service providers – defined as companies that provide a telecommunications service, but that do not operate a network. Examples of service providers include ISPs, plus the likes of Microsoft with its Skype service, Google with Talk and Hangouts and Apple’s FaceTime and iMessage. Almost any online service is on the table – Editor]

The government is planning to issue secret orders to service providers when the Telecommunications (Interception Capability and Security) Bill (“TICS Bill”) becomes law to force them to create interception capability for surveillance agencies. This has been approved by cabinet and is therefore official Government policy.

What’s not clear is if the mechanism of a Ministerial directive will also be used to gag the service provider? Or is the secrecy merely a guise to allow compliant service providers to pretend they haven’t been forced to create a backdoor for the government? …

In response to a request under the Official Information Act in my personal capacity, I received nine documents and merged them into one. The combined document can be viewed or downloaded from Scribd.  …

Para 104 of the December 2012 “Technical Paper:  Telecommunications Interception Capability and Network Security” by MBIE (page 19 of the combined document); para 109 of the paper to the Cabinet Committee on Domestic and External Security Coordination (page 62); and para 37 of the Cabinet paper (page 74) all confirm the same thing:

A Ministerial directive will be used to secretly/confidentially impose an obligation to create interception capabilities by individually named service providers (referred to as “deem-in” but what I call a backdoor) “so as not to publicly announce a lack of capability in a particular service.”

The Government is therefore going to be using secret orders to specific service providers directing the creation of interception capability, allowing real-time access by surveillance agencies

Rather than seize the moment to be a global leader in enacting sensible, proportionate and effective laws, the Government is making laws ‘just in case’ they are required in the future, with no evidence that service providers are part of the problem. I hope others will join me in calling for the Government to not go down this path. Once trust is lost, getting it back is going to be difficult if not impossible.

Former State Services Commission strategy & innovation manager and InternetNZ chief executive Vikram Kumar is CEO of Mega. He wrote and researched this article in a personal capacity. He posts at Internet Ganesha.

Go read the full piece in the NBR.

17 comments on “Plans to “wiretap” the net”

  1. ghostwhowalksnz 1

    When you think about it , as the ‘net’ uses packets of data, which could going via different routes, taping the source makes sense.

  2. One Anonymous Knucklehead 2

    Buy shares in PGP and Tor.

    • ghostwhowalksnz 2.1

      Too late , they are compromised by the NSA.

      I think this is the real reason for going after Megaupload, they were outside the control of the US and its spy agencies

      • Anne 2.1.1

        … the real reason for going after Megaupload, they were outside the control of the US and its spy agencies.

        That makes sense. I always thought the so-called abuse of copyright bit of nonsense didn’t sound right.

      • One Anonymous Knucklehead 2.1.2

        compromised

        Citations?

        PS: scratch that, a citation for PGP will suffice.

      • infused 2.1.3

        They had access.

  3. tracey 3

    And then key words will be used to filter tge data. Then over worked analysts will make decisions on what to pursue further. If in doubt surveil.

  4. Rogue Trooper 4

    “move away from the keyboard and put down the touch-screen. Any attempts to call for accomplices via Bluetooth or escape through Google Glass will be met with extreme prejudice”.

  5. Sable 5

    Howard passed similar legislation to this in Australia. This is yet more dirty pro American legislation designed to curry favour with Nationals US based masters.

  6. vto 6

    Key has passed law to tap into our communications at some point in the future.

    Do not forget that Key has also passed law to tap into our bank deposits to save insolvent banks at some point in the future.

    Best stay off the net and out of banks.

  7. dv 7

    I can just imagine the Nacts being really pissed off when John Minto becomes PM and starts using the powers the Nact have set up!!!

    • Murray Olsen 7.1

      If John became PM, those powers would be repealed. Unlike Shearer, he’s not jealous of Key’s power. He actually believes in something a bit more worthwhile.

  8. Shaz 8

    There is a well worded petition on Avaaz against the Bill. Offered here in the spirit of everything counts in a last ditch effort against this toxic pair of bills. Avaaz has had several international successes with a variety of issues.

    bit.ly/17WPNW3

  9. Mary 9

    Andrew Scott Howman on RNZ this morning was talking about Bennett’s child abuse policy that’ll see people instantly dismissed on the basis of a suspicion or “scuttlebutt”. He asked whether this represented a society he wanted to live in:

    http://www.radionz.co.nz/national/programmes/ninetonoon/audio/2566163/child-abuse-screening-and-instant-dismissal-plans

    It was refreshing to hear Andrew describe the situation in such simple terms. It’s very easy to describe problems with the GCSB proposals and the long list of other attacks on democratic principles, natural justice, constitutional rights etc but to hear something so simple as what Andrew said resonated. We need more of this kind of simple but to the point analysis.

  10. SHG (not Colonial Viper) 10

    The whole point of the recent data-snooping firestorm is that Big Brother doesn’t care if you use encryption or not.

    Big Brother gets all the info it needs from the subject of your email, the time at which you emailed, the recipient of your email, the sender and time of any incoming email that might have spurred you to send something yourself, the sort of device you used to send the email, the web of contacts that you have in common with other people under surveillance, etc etc etc. Getting all that info does not require the ability to actually read your email.

    “Oh it’s OK I’ll ssh into an offshore server and send my email PGP’d and chained through three remailers with time delays” yeah right.

  11. infused 11

    ISPs are not going to comply. Just from a cost point of view. I’ve heard what they are asking of ISPs.

    • Colonial Viper 11.1

      Funding is always available. The UK GCHQ received millions of dollars of funding from the NSA to implement specific programmes and activities.

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    exhALANtBy exhalantblog
    2 weeks ago
  • Barbaric
    The Ugandan government wants to murder gay people:Uganda has announced plans to impose the death penalty on homosexuals. The bill, colloquially known as “Kill the Gays” in Uganda, was nullified five years ago on a technicality, but the government said on Thursday it plans to resurrect it within weeks. The ...
    No Right TurnBy Idiot/Savant
    2 weeks ago
  • Is this study legit? 5 questions to ask when reading news stories of medical research
    Hassan Vally, La Trobe University Who doesn’t want to know if drinking that second or third cup of coffee a day will improve your memory, or if sleeping too much increases your risk of a heart attack? We’re invested in staying healthy and many of us are interested in reading ...
    SciBlogsBy Guest Author
    2 weeks ago
  • Fighting Monsters.
    Freedom Of Speech? The Säuberung (cleansing by fire) was the work of the German Student Union which, on 10 May 1933, under the watchful eye of the Nazi Reichminister for Propaganda, Joseph Goebbels, consigned 25,000 books to the flames in a ritual exorcism of “un-German thought”. According to the logic of the ...
    2 weeks ago
  • The next wave of kaupapa Māori politics: its constitutional, it must be.
      “There can be no such thing as kaupapa Māori political parties or politics in Aotearoa” (Willie Jackson, Labour Party (2017). Māori TV, General/List Election Special) I begin with that claim because at the time, I was confounded at first that it fell out of Willie Jackson’s mouth, and then ...
    EllipsisterBy Ellipsister
    2 weeks ago
  • Night lights of NZ from orbit
    New Zealand has prided itself for decades with regard to its lack of pollution, and all will be aware that the ‘100% Pure New Zealand‘ meme is under threat through land, water and air pollution of various causes. There is another type of contamination that the country also faces: light ...
    SciBlogsBy Duncan Steel
    2 weeks ago
  • Reporters deliver uplifting news to fleeing Japanese residents: they won’t miss any rugby
    New Zealand’s media is doing its part in Japan, reassuring those in the path of the storm that they won’t miss any rugby while away from their flooded homes. New Zealand sports reporters stationed in Japan for the Rugby World Cup have had the rare and heartwarming opportunity to inform ...
    The CivilianBy admin
    2 weeks ago
  • Government in contentious discussions about whether to put surplus on red or black
    Regional Development Minister Shane Jones is the only Cabinet member in favour of putting it all on green. As Finance Minister Grant Robertson finds himself with an enormous $7.5 billion surplus, the Government has begun intense, at times contentious conversations about whether to put the money on red or black at ...
    The CivilianBy admin
    2 weeks ago
  • Jordanian teachers’ successful strike has lessons for here
    by Susanne Kemp At the start of September close to 100,000 school teachers went on strike in Jordan.  They demanded a 50% pay rise.  A pay rise actually agreed to by the regime back in 2014. In early October, however, in the face of government repression and threats, the teachers’ ...
    RedlineBy Admin
    2 weeks ago

  • More homes where they are needed
    More houses for homeless New Zealanders are being opened today in Tauranga by Associate Housing Minister Kris Faafoi. Six 2-bedroom quality units are being opened at 878 Cameron Road by Minister Faafoi and Accessible Properties, a local Community Housing Provider (CHP). Accessible Properties now provides more than 1,700 community housing ...
    BeehiveBy beehive.govt.nz
    41 mins ago
  • Minister of Finance and Sport and Recreation to visit Japan and Vietnam
    Finance Minister Grant Robertson departs tomorrow for events and meetings in Japan and Vietnam.  While in Japan, he will discuss economic and fiscal issues including meeting with the Minister of Finance, Taro Aso, and Minister of Economic and Fiscal Policy, Yasutoshi Nishimura. He will meet with the Minister of Education, ...
    BeehiveBy beehive.govt.nz
    14 hours ago
  • Dashboard tracks housing progress
    The Government’s Housing Dashboard released today confirms record numbers of state houses are under construction and shows the Government build programme is gaining momentum.  “After nine years of inaction, and a hands-off attitude from the previous government we’re starting to see things move in the right direction for housing,” says ...
    BeehiveBy beehive.govt.nz
    16 hours ago
  • Ministerial Statement on the International Convention Centre fire
    Mr Speaker, I wish to make a ministerial statement relating to the Auckland fire. The Government is closely monitoring the situation with the fire at the NZ International Convention Centre and is thankful that everyone is now safe. Firefighters are doing an incredible job managing the fire and bringing it ...
    BeehiveBy beehive.govt.nz
    18 hours ago
  • Government invests in Te Reo, environmental data research
    The Government is investing in ambitious research that will digitise Te Reo, grow the low-carbon protein efficient aquaculture industry, help interpret environmental trends, and large data sets says Research, Science and Innovation Minister Megan Woods. The four projects range from teaching Siri to speak Te Reo to crunching large environmental ...
    BeehiveBy beehive.govt.nz
    22 hours ago
  • Government announces next steps as part of a comprehensive plan to fix skills gap
    A new education-to-employment brokerage service to strengthen connections between local employers and schools. Funding for more trades focused ‘speed-dating’ events to connect schools with employers. Promotional campaign to raise profile of vocational education. The Government is taking action to increase the number of young people taking up vocational education and ...
    BeehiveBy beehive.govt.nz
    24 hours ago
  • Corrections Amendment Bill passes third reading
    A Bill to improve prison security and ensure the fair, safe, and humane treatment of people in prison while upholding public safety has passed its third reading. Corrections Minister Kelvin Davis says the Corrections Amendment Bill makes a number of changes to ensure the Corrections Act 2004 is fit for ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Ngāi Tahu CEO appointed to NZ-China Council
    Minister for Māori Development, Nanaia Mahuta, has selected Arihia Bennett MNZM, Chief Executive Officer of Te Rūnanga o Ngāi Tahu, as the Te Puni Kōkiri appointed representative on the New Zealand-China Council. The New Zealand-China Council (the Council) was established in 2012 as a New Zealand led and funded organisation ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Southern Response claims move to EQC
    Responsibility for processing the small number of Southern Response claims still to be settled will be transferred to EQC by the end of the year. “As claim numbers reduce, it no longer makes sense for the Crown to have two organisations processing the remaining Canterbury claims,” Grant Robertson says. “Since ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Bowel screening starts in Whanganui
    Health Minister David Clark is encouraging Whanganui residents to take up the opportunity for free bowel screening, which can detect cancer early when it’s easier to treat.   Over the next two years 12,000 Whanganui locals, aged 60 to 74 will be invited to participate in the National Bowel Screening ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Pacific Peoples Minister to attend Our Ocean Conference in Norway
    Minister for Pacific Peoples Aupito William Sio, heads to Oslo today to represent New Zealand at the sixth Our Ocean Conference, which is being hosted by the Norwegian Government from the 23-24 October. “The Our Ocean Conference mobilises real action on issues like marine plastic pollution and the impacts of ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Government announces 27 percent increase in Trades Academy places
    Two secondary-school initiatives are being expanded as part of the Government’s plan to see more young New Zealanders take up a trade to help close the skills gap.   This includes the largest single increase in Trades Academy places in recent years. Prime Minister Jacinda Ardern and Education Minister Chris ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Speech to the New Zealand Institute of International Affairs, Pacific Futures Conference: Connection...
    Session 4: Pacific Connectivity – Youth, Media and New Opportunities   Kia ora tatou katoa and Warm Pacific greetings to one and all. Representatives of Tainui, the local people of the land, or manawhenua – the indigenous peoples of this area – have welcomed you this morning in accordance with ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Methane reducing cattle feed one step closer
    The Government today announced its support for a project that could substantially reduce agricultural greenhouse gas emissions from cattle. The announcement was made as part of Prime Minister Jacinda Ardern’s and Agriculture Minister Damien O’Connor’s visit to Nelson’s Cawthron Aquaculture Park. The Cawthron Institute will receive $100,000 from the Government’s ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Bill to refresh superannuation system passes first reading
    Social Development Minister Carmel Sepuloni has welcomed the first reading of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Bill. “Every New Zealander has a stake in New Zealand Superannuation and Veteran’s Pension,” says Carmel Sepuloni. “They are our most common form of social assistance – nearly 800,000 New ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Government announces next steps in fight against measles
    Babies in Auckland aged six months and over can receive a free vaccination and children will all have access to vaccines, Associate Minister of Health Julie Anne Genter announced today at Papatoetoe High School.   The move comes as part of Government efforts to step up the fight against measles. ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Speech to the New Zealand Institute of International Affairs, Pacific Futures: Connections, Identity...
    ***Check against delivery*** Good morning. It is a pleasure to be here, and to have the honour of opening this important conference on behalf of the New Zealand Institute of International Affairs. Let us take the opportunity to acknowledge all the people who have helped make today possible, including our special ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Police trial new response to high risk events
    Police Minister Stuart Nash says the safety of frontline officers and members of the public will be the focus of a new trial of specialist Police response teams in three of our largest urban centres. Police have this morning released details of an initiative to be trialled in Counties Manukau, ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • New awards celebrate fisheries sustainability
    The Minister of Fisheries is calling for entries for a new public award to celebrate innovation in our seafood sector. “I have established the Seafood Sustainability Awards to recognise and celebrate those throughout industry, tangata whenua and communities who demonstrate outstanding dedication and innovation towards the sustainability of New Zealand’s ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • More progress for women and we can do more
    Minister for Women Julie Anne Genter welcomes leaders in the private sector taking action on closing their gender pay gaps to ensure a fairer workplace for all New Zealanders. Ms Genter today launched a new report, Addressing the gender pay gap and driving women’s representation in senior leadership, from the Champions for ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Proposals to curb environmental damage help our coasts and the oceans
    Government Ministers today welcomed the release of a marine environment report highlighting the four key issues affecting our oceans, estuaries and coastlines.  The release underlines the importance of government proposals to combat climate pollution, ensure clean freshwater, protect biodiversity, make land use more sustainable, and reduce waste and plastic.    Environment ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • New mental health facility for Waikato
    The Government has approved funding for a new acute mental health facility for Waikato which will provide better care and support to people with mental health and addiction issues. Prime Minister Jacinda Ardern and Health Minister Dr David Clark announced the $100 million project to replace the aging Henry Rongomau ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • 500 new te reo Māori champions in our classrooms
    The Government is making progress on its goal to integrate te reo Māori into education by 2025, with over 500 teachers and support staff already graduating from Te Ahu o te Reo Māori,  Associate Education Minister Kelvin Davis announced today. Kelvin Davis made the announcement at an awards ceremony in Waikanae today, for ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Minister James Shaw welcomes 2018 Census first release
    Statistics Minister James Shaw has welcomed the first release of 2018 Census data. The first release of data today, 23 September, includes key data on population, regional growth, the number of homes and the size of different ethnic groups in New Zealand. Data from the 2018 Census will support the ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Driving transparency, ethics and accountability in government use of algorithms
    Minister for Statistics James Shaw today announced a public consultation on a proposed algorithm charter for government agencies. The charter has been developed by the Government Chief Data Steward in response to growing calls for more transparency in government use of data. Computer algorithms – procedures or formulas for solving ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • New Zealand and the Netherlands working together on climate change
    Agriculture Minister Damien O’Connor, Climate Change Minister James Shaw and visiting Dutch Prime Minister Mark Rutte co-hosted a business roundtable in Auckland this morning focused on working together to address climate change.  “The Netherlands is an important partner for New Zealand. We share a strong agricultural history. Sustainable agribusiness and ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Protecting fairness for workers and businesses
    The Government is taking action to build an inclusive economy where more of us receive our fair share at work and businesses can compete on great products and services, not undercutting wages and conditions, Immigration and Workplace Relations and Safety Minister Iain Lees-Galloway says. Two consultations launched today seek feedback ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Indigenous Freshwater Fish Bill Passes
    The future for New Zealand’s threatened indigenous freshwater fish looks brighter with the passing of the Conservation (Indigenous Freshwater Fish) Amendment Bill in Parliament today said Minister of Conservation, Eugenie Sage. “Until now, our freshwater fish legislation has been 20 years out of date. We have lacked effective tools to ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Kiwis to take part in world’s biggest earthquake drill
    At 1.30pm tomorrow, hundreds of thousands of Kiwis will join about 65 million people around the globe in ShakeOut, the world’s biggest earthquake drill. The annual drill is to remind people of the right action to take during an earthquake which is to Drop, Cover, Hold, and to practise their ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Rising wages and low inflation supporting Kiwis
    Kiwis are benefiting from higher wage growth and low inflation under the Coalition Government. Stats NZ data out today shows the rise in the cost of living remains low, as annual Consumers Price Index (CPI) inflation fell to 1.5% in September from 1.7% in June. “The low inflation comes as ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • NZ economy strong amid global headwinds
    New Zealand’s economic strength and resilience has been recognised in a major update on the state of the global economy. The IMF’s latest World Economic Outlook released overnight shows a reduced global growth forecast over the next two years as issues like the US-China trade war and Brexit take hold. ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Keeping New Zealanders safer with better counter-terrorism laws
    Justice Minister Andrew Little has today introduced a new Bill to prevent terrorism and support the de-radicalisation of New Zealanders returning from overseas. The Terrorism Suppression (Control Orders) Bill gives the New Zealand Police the ability to apply to the High Court to impose control orders on New Zealanders who ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Improved succession and dispute resolution core of Ture Whenua changes
    A Bill that proposes targeted changes to simplify the processes for Māori land owners when engaging with the Māori Land Court has had its First Reading today. “The approach taken by the Government is to ensure that the protection of Māori land remains a priority as we seek to improve ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Speech to CTU Biennial Conference
    Let me first thank all the new unionists and members in the room. There is nothing more important to improving people’s working lives than people making the decision to care, to get on board and help, to take up the reins and get involved. Congratulations to you. You bring the ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Minister ensures continued Whenuapai flight operations
    Minister of Defence Ron Mark has signed a certificate exempting the activity of engine testing at Whenuapai Airbase from the Resource Management Act 1991. The Act gives the Minister of Defence the power to exempt activities for the purposes of national security.  The certificate will mean the recent Environment Court ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • NZ joins Coalition of Finance Ministers for Climate Action
    Finance Minister Grant Robertson has announced New Zealand will join the Coalition of Finance Ministers for Climate Action while attending APEC meetings in Chile. The objective of the 39 member Coalition is to share information and promote action to tackle climate change. It was formed in April this year, in ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Feedback Sought – Section 71 – Lyttelton Parking
    Feedback sought– Lyttelton commercial zone parking  The Associate Minister for Greater Christchurch Regeneration, Poto Williams, is seeking feedback on a proposal to remove on-site car parking requirements for new developments in the Lyttelton commercial zone.  The proposal, by Christchurch City Council, asks that powers under section 71 of the Greater ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Feedback Sought – Section 71 – Hagley Oval
    Hon Minister Poto Williams Associate Minister for Greater Christchurch Regeneration   MEDIA STATEMENT       Tuesday 15 October 2019 Feedback sought – Hagley Oval The Associate Minister for Greater Christchurch Regeneration, Poto Williams, is seeking feedback on a proposal about Hagley Oval. The proposal was developed by Regenerate Christchurch ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • CTU speech – DPM
    Ladies and gentlemen, NZCTU President Richard Wagstaff, members of respective unions – thank you for the invitation to speak to you today. This might be preaching to the choir, but the importance of trade unions in New Zealand’s historical arch is difficult to understate. And it is my belief that ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Police Association Annual Conference
    "Let’s start by acknowledging that it has been a huge year. " Police Association Annual Conference James Cook Grand Chancellor Hotel Wellington Nau mai, haere mai. Tēnā koutou, tēnā koutou, ka nui te mihi, ki a koutou katoa. President of the Police Association, Chris Cahill; Members of the Association and ...
    BeehiveBy beehive.govt.nz
    1 week ago