Government Communications Security Bureau

Government Communications Security Bureau
Te Tari Whakamau Irirangi
Logo of the Government Communications Security Bureau
Agency overview
Jurisdiction	Intelligence gathering for the security of New Zealand
Headquarters	Freyberg Building, Aitken Street, Wellington 41°16′37.31″S 174°46′44.96″E
Minister responsible	John Key, Minister responsible for GCSB
Agency executive	Ian Fletcher, Director General
Website
gcsb.govt.nz

The Government Communications Security Bureau (GCSB) is an intelligence agency of the New Zealand government.

According to the official website the mission of the agency is to contribute to the national security of New Zealand by:providing foreign signals intelligence to support and inform Government decision making; providing an all-hours foreign intelligence watch and warning service to Government; ensuring the integrity, availability and confidentiality of official information through information systems security services to Government; and assisting in the protection of the national critical infrastructure from information-borne threats. The GCSB "listens in to phone calls and intercepts emails but is not supposed to spy on New Zealand citizens or permanent residents. That’s the job of the Security Intelligence Service (SIS)."

History

The Government Communications Security Bureau was created in 1977 on the instructions of Robert Muldoon, the Prime Minister.

Waihopai Valley base

Prior to this, the functions now handled by the GCSB were split between three organisations:

• Communications security was the responsibility of the Communications Security Committee, based around the Prime Minister's office and the Ministry of Foreign Affairs.
• Signals intelligence was the responsibility of the Combined Signals Organisation, run by the military.
• Anti-bugging measures were the responsibility of the Security Intelligence Service.

Upon its establishment, the GCSB assumed responsibility for these three roles. Officially, the new organisation was part of the Ministry of Defence, and its functions and activities were highly secret – even Cabinet was not informed. In the 1980s, however, information was gradually released, first about the GCSB's security role, and then about its signals intelligence operations.

Also in the 1980s, the GCSB was split away from the Ministry of Defence, becoming a separate organisation. It was not until 2000, however, that it was decided to make the GCSB a government department in its own right. This decision was implemented through the Government Communications Security Bureau Act of 2003.

In 2001, the Centre for Critical Infrastructure Protection was formed within the GCSB with a mandate to assist in the protection of national critical infrastructure from information borne threats.

Staff and budget

The GCSB is considered to be a government department in its own right with its head office in Pipitea St, Wellington. Through its director, the GCSB reports to the minister holding the Intelligence portfolio, who, by convention, is always the Prime Minister. Its main functions are: the collection and processing of intelligence, the distribution of intelligence, IT security, technology and administration.It has about 300 staff with a range of disciplines including foreign language experts, communications and cryptography specialists,engineers, technicians and support staff.

In 2012, the budget for the GCSB was $64 million.Former Green MP Kieth Locke says that despite the attention the GCSB received as a result of its illegal surveillance of Kim Dotcom, there has been little public discussion about its value. Locke questions GCSB's suitability for the task of protecting government computers given its security failures. Cabinet Secretary Rebecca Kittridge's report noted the Bureau's problems included "under-resourcing and a lack of legal staff".

Oversight

An Inspector General has oversight of the GCSB (and other intelligence organisations). In 2013, that role was being filled by former judge, 79-year-old Paul Neazor. He has a part time secretary as his one and only staff member - compared with the Australian inspector general who has a staff of 12. In her review of the GCSB released in 2013, Rebecca Kittridge recommended the inspector general's office should be "beefed up along Australian lines".

The Prime Minister appoints both the director of the GCSB and the Inspector General. Associate Professor of law at Auckland University, Bill Hodge, says the watchdog should be appointed by Parliament rather than by the Prime Minister. Former prime minister, Sir Geoffrey Palmer agrees: "There needs to be some separation between the inspector and the agency he overseas."

Operations

The functions of the GCSB include signals intelligence, communications security, anti-bugging measures, and computer security. The GCSB does not publicly disclose the nature of the communications which it intercepts. It is frequently described by some authors, such as Nicky Hager, as part of ECHELON. In 2006, after the death of former Prime Minister David Lange, a 1985–86 report given to Lange was found among his papers, having been mistakenly released. The report listed a number of countries as targets of GCSB efforts, including Japan, the Philippines, Argentina, France, Vietnam, and many small Pacific island states. It also mentioned United Nations diplomatic traffic. In his book on the GCSB, Nicky Hager says that during the Cold War, the locations and activities of Soviet ships (including civilian craft such as fishing trawlers) were a major focus of the organisation's activities.

For the purposes of its signals intelligence activities, the GCSB maintains two "listening stations": a satellite communications interception station at GCSB Waihopai near Blenheim and a radio communications interception station at GCSB Tangimoana near Palmerston North.

Waihopai station

The Waihopai facility

The Waihopai station has been operating since 1989, and was expanded with the construction of a second interception dish in 1998. It is described as a satellite communications monitoring facility in the Waihopai Valley, near Blenheim. The facility has been identified by MP Keith Locke as part of ECHELON, the worldwide network of signals interception facilities run by the UKUSA consortium of intelligence agencies, which shares global electronic and signals intelligence among the intelligence agencies of the US, UK, Canada, Australia and New Zealand.

The dishes are shielded by giant radomes. Few details of the facility are known, but it is believed that it intercepts and processes all phone calls, faxes, e-mail and computer data communications. It is thought that this data is then sorted and shared with the other members of the UKUSA group.^{[citation needed]}

The new station on 30 hectares of stony ground was authorised by the Prime Minister David Lange and Finance Minister Roger Douglas in 1987. Gerald Hensley comments that Lange: "was ready to work with the Australians [as] .... international communications were shifting to satellites .... Lange was regularly briefed by me and despite his later claims knew exactly what was involved and why the station was needed. .... The Australians were building a similar one at Geraldton [Western Australia] and their Defence Minister explained to the PM why the two installations separated by five time zones would enhance the benefit to both countries."

Protests and security breaches

One of the domes collapsed after the 2008 Ploughshares attack

The site is a regular target for protesters and activists who are attempting to have the base closed down. The Anti-Bases Campaign have had regular yearly protests at the base. In 1996 Nicky Hager entered the base at night with John Campbell and a TV3 film crew, and managed to film the operations room through a window. Hager returned in 1999 with Mikey Havoc and Jeremy Wells (as his "Newsboy" persona). They sneaked into the base and danced in front of cameras for a television show in which Havoc and Newsboy were starring.

In April 2008 three Ploughshares Aotearoa or Anzac Ploughshares activists breached three security fences to enter the base and then used a sickle to deflate the kevlar covering over one of the two satellite dishes. Prime Minister Helen Clark condemned the attack on the spy base as a "senseless act of criminal vandalism". They waited there until they were arrested and charged with intentional damage and unlawful entry. They were tried in March 2010 where they readily admitted their actions in court but defended it as a "claim of right" to save human lives. The jury agreed and the three activists were acquitted on all charges. One of the protesters said "we broke a law to protect plastic to uphold a law to protect human life."

The New Zealand government is considering suing the trio for damages of $1.1 million toward the repair of the dome, which would otherwise be taxpayer-borne. With the publicity surrounding the base and this case, the GCSB directors took the "highly unusual" step of announcing that "The claims that the Waihopai station is 'a United States spybase in our midst', contributing to 'torture, war, and the use of weapons of mass destruction' and other 'unspeakable evil' cannot be left unchallenged ... It was not - and is not - contributing to 'unspeakable evil'. Quite the reverse."

Tangimoana station

The Tangimoana station was opened in 1982, replacing an earlier facility at Irirangi, near Waiouru. It is 30 kilometres west of Palmerston North, in New Zealand and described as a radio communications interception facility

According to the Federation of American Scientists (FAS), the facility is part of ECHELON, the worldwide network of signals interception facilities run by the UKUSA (UK-USA Security Agreement) consortium of intelligence agencies (which shares global electronic and signals intelligence among the Intelligence agencies of the US, UK, Canada, Australia and NZ); its role in this capacity was first identified publicly by peace researcher Owen Wilkes in 1984, and investigated in detail by peace activist and independent journalist Nicky Hager. The equipment at the Tangimoana facility "is equally capable of receiving signals transmitted by radio and satellite which do not include foreign intelligence and which are domestic concerning and involving NZ citizens."

Recent controversies

The appointment of Ian Fletcher

Ian Fletcher was appointed as director of the GCSB in February 2012. Mr Fletcher is a former diplomat. Up until his appointment, all the permanent directors had military careers before joining the organisation. It subsequently came to light that Mr Fletcher only got the job after a short list of four other candidates was rejected by the States Services Commission and Prime Minister John Key phoned Mr Fletcher and recommended he apply for it. In March 2013, Mr Key admitted he had known Mr Fletcher since they were in school, but denied they were friends. However, he had breakfast with Mr Fletcher just days after he selected the panel to interview candidates for the job and in the end, Mr Fletcher was the only candidate interviewed.

Answering questions in parliament about Mr Fletcher's appointment, Key said he hadn't "seen the guy in a long time" and hadn't mentioned he had made a phone call to Mr Fletcher when the question first came up in parliament because he had "forgotten" about it. Former GCSB director Sir Bruce Ferguson said the way Key had intervened in the selection process was "disturbing". The Labour Party called for an inquiry into the matter.

Illegal spying

Shortly before Fletcher was appointed, the GCSB was found to have illegally spied on Kim Dotcom, a German national but New Zealand resident. By law the agency cannot spy on New Zealand residents. The GCSB admitted that Hugh Wolfensohn, acting director at the time, knew the organisation was spying on Dotcom. It is believed Mr Wolfensohn was placed on "gardening leave" after it became clear the GCSB had made a mistake in spying on Dotcom. In December, the High Court ruled Kim Dotcom could sue the GCSB for damages. The attorney-general appealed the ruling, but was unsuccessful. In March 2013, the NZ Herald reported that Wolfensohn "no longer works for the GCSB intelligence agency as it braces for fresh exposure of its failings".

Kitteridge report

As a result of the Dotcom saga, a review into the bureau's compliance with legislation and its internal systems and processes was conducted by Cabinet Secretary Rebecca Kitteridge. In April 2013, Kitteridge's report was leaked to the media. It contradicted GCSB head Ian Fletcher's comments that the bureau had not unlawfully spied on anyone other than Dotcom showing that the GCSB may have unlawfully spied on up to 85 people between April 2003 and September 2012.

Fairfax reported "The review noted a series of failings had led to the illegal spying, including under-resourcing and a lack of legal staff." It found "the GCSB structure was overly complex and top heavy, while staff who performed poorly were tolerated, rather than dismissed or disciplined, so they would not pose a security risk upon leaving the bureau." The Green Party asked police to investigate the illegal spying.

Kitteridge also said she trouble accessing a number of "basic files". Prime Minister John Key said there was no "cover-up", and the files were probably either misfiled or never existed in the first place. This was contradicted by former head of the GCSB Sir Bruce Ferguson, who said when he was at the agency, he was easily able to get any files he wanted - probably because of his status.

Directors

The GCSB is administered by a Director. The directors have been:

• Colin Hanson (1977–1988)
• Ray Parker (1988–1999)
• Dr Warren Tucker (1999–2006)
• Air Marshal Sir Bruce Ferguson (2006–2010)
• Simon Murdoch (acting November 2010 – February 2011)
• Lieutenant General Sir Jerry Mateparae (7 February – 30 June 2011)
• Simon Murdoch (acting 1 July – 19 December 2011)
• Ian Fletcher (29 January 2012–)

Jerry Mateparae was appointed by Prime Minister John Key on 26 August 2010 taking up the role on 7 February 2011. On 8 March 2011 Mataparae was announced as the next Governor-General. He continued as Director until June 2011.

See also

• New Zealand intelligence agencies
• New Zealand Security Intelligence Service
• Centre for Critical Infrastructure Protection
• Anti-Bases Campaign

Further reading

• Hager, Nicky (1996). Secret Power: New Zealand's Role in the International Spy Network. Nelson, NZ: Craig Potton Publishing. ISBN 0-908802-35-8.

External links

• Government Communications Security Bureau
• Anti Bases Campaign
• Government Communications Security Bureau Act 2003