GCSB Legislation

by Patrick O'Brien

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A selection of references on the widespread opposition to the
GCSB legislation currently before New Zealand Parliament:

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● SOME BACKGROUND:

GCSB

May 16, 2013 — A selection of articles and references which I’ve posted to my NOTES on the GCSB’s refusal to either confirm or deny they’ve been illegally
spying on New Zealand citizens:

https://patricksnotes.wordpress.com/2013/05/16/gcsb/

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● THE LEGISLATION:

“Government Communications Security Bureau and Related Legislation Amendment Bill”

http://www.legislation.govt.nz/bill/government/2013/0109/latest/whole.html

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● SUBMISSIONS:

Human Rights Commission Report:

http://www.hrc.co.nz/2013/human-rights-commission-releases-report-to-prime-minister-on-security-and-intelligence-matters

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NZ Law Society Report:

◦  http://www.lawsociety.org.nz/home/for-the-public/for-the-media/latest-news/news/july-2013/expansion-of-gcsb-intelligence-gathering-intrusive

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Privacy Commissioner: (PDF)

 http://www.privacy.org.nz/assets/Files/Reports-to-ParlGovt/2013-06-17-Select-Committee-submission-Government-Communications-Security-Bureau-and-Related-Legislation-Amendment-Act-A322600.pdf

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Internet New Zealand Report:

https://internetnz.net.nz/news/media-releases/2013/InternetNZ-files-GCSB-submission-Privacy-impact-number-one-concern

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NZ Tech Liberty Report:

http://techliberty.org.nz/tics-bill-oral-submission/

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Download – 123 Final Submissions: (PDF)

http://static.stuff.co.nz/files/Submissionsonthebillfinal.pdf

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Assorted Submissions: (video)

http://www.scoop.co.nz/stories/HL1307/S00038/submissions-to-the-gcsb-security-committee-meeting-video.htm

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● COMMENTARY:

In brief . . .

Dame Anne Salmond – historian, anthropologist, New Zealander of the Year:

“The GCSB bill currently before Parliament trumps all other recent breaches of democratic freedoms in New Zealand … New Zealanders must stand up for their democratic rights when they are threatened or they’ll lose them.”

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Marie Shroff, Privacy Commissioner and former Secretary to the Cabinet:

“The bill is being put before the House at a time when the activities of intelligence agencies worldwide are under serious scrutiny … there is therefore good reason to postpone consideration of this bill at least for a short time to enable us to develop a clearer perspective on what powers New Zealand intelligence agencies should have to perform their functions.”

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•  David Rutherford, Chief Human Rights Commissioner:

“People in New Zealand are entitled to know if mass surveillance of data, such as metadata relating to them, is being collected through surveillance by New Zealand’s intelligence services or its international agencies and, if so, for what purpose or use.”

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Sir Grant Hammond, Appeal Court judge, Legislation Advisory Committee:

“The [Legislation Advisory Committee] makes a number of suggestions to add to and improve the range of safeguards in the bill to enhance the protection of citizens from state surveillance [including] introducing appropriate principles underpinning the performance of the GCSB’s functions [and] strengthening the Inspector-General’s oversight of the activities of the GCSB.”

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Dr Rodney Harrison, QC, Law Society:

“When the fact that the gathering of ‘foreign intelligence’ is no longer to be the touchstone for the GCSB’s entitlement to conduct intelligence-gathering and in particular to intercept communications is placed alongside the open-ended breadth of the expression ‘information infrastructure’ a very substantial expansion of role and function is, in fact, being proposed.”

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Thomas Beagle, Tech Liberty:

“You may look at this bill and see some mild tweaking of the current law. We look at it, and see it as the moment NZ changed from a society that investigates bad guys, subject to judicial oversight, to being a surveillance state where the Government is always watching and recording everyone just in case they are thinking about doing anything wrong.”

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• Jordan Carter, Internet NZ:

“The bill lacks sufficient clarity as to the circumstances under which the bureau may exercise its three functions and as to whose communications will be gathered … a broad reading renders the sum effect of the bill, as currently drafted, as providing access to anyone’s communications whether live or stored, including internet communications.”

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Leighton Smith, Newstalk ZB host:

“You might say technology is leading us down a certain path and unless we are very wary, we will find that it is running our lives and we won’t have any comeback on it. That basically is where I’m at.”

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Deborah Coddington, former Act MP:

“I think that Winston Peters’ demands for independent monitoring of it by three people [is not] too big an ask. I think it is quite reasonable and I would be more reassured by that. I’m not one of those people who often say if you’ve got nothing to hide you’ve got nothing to fear. I’m not one of those.”

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[Reference for quotes]

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Additional reporting and commentary . . .

Campbell Live: Dissecting the GCSB bill:
http://www.3news.co.nz/Dissecting-the-GCSB-bill/tabid/817/articleID/304523/Default.aspx

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Gordon Campbell: The real flaws with the spy bill:
http://www.stuff.co.nz/dominion-post/news/local-papers/the-wellingtonian/opinion/8895527/The-real-flaws-with-the-spy-bill

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GCSB — Unanswered Questions:
http://thedailyblog.co.nz/2013/08/12/unanswered-questions-about-the-gcsbs-relations-with-the-nsa/

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Scientist says GCSB will criminalise curiosity:
http://www.newstalkzb.co.nz/auckland/news/nbpol/1179461457-scientist-says-gcsb-will-criminalise-curiosity

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The Boss’ is hell-bent on a Surveillance State:
http://www.nbr.co.nz/article/boss-hell-bent-surveillance-state-ck-142753

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The real reason for the GCSB Bill:
http://thedailyblog.co.nz/2013/07/11/the-real-reason-for-the-gcsb-bill/

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Five Eyes an anachronistic setup:
http://www.stuff.co.nz/dominion-post/comment/columnists/8881376/Five-Eyes-an-anachronistic-setup

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GCSB spy law a slur on freedom-loving Kiwis:
http://www.stuff.co.nz/taranaki-daily-news/opinion/8894382/GCSB-spy-law-a-slur-on-freedom-loving-Kiwis

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Kim Dotcom talks to Campbell Live after GCSB hearing:
http://www.3news.co.nz/Kim-Dotcom-talks-to-Campbell-Live-after-GCSB-hearing/tabid/817/articleID/303679/Default.aspx#ixzz2YV9ZdHZj

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Snowden links NZ to US spy programme:
http://www.stuff.co.nz/world/americas/8893187/Snowden-links-NZ-to-US-spy-programme

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Snowden on US-NZ intelligence:
http://thestandard.org.nz/snowden-on-us-nz-intelligence/

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● RELATED RESOURCES:

Facebook Group ~ No to GCSB Bill:
https://www.facebook.com/NotoGCSBBill

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