Government Communications Security Bureau
Te Tira Tiaki | |
Agency overview | |
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Formed | 1977 |
Jurisdiction | New Zealand Government |
Headquarters | Pipitea House, 1–15 Pipitea Street, Wellington 41°16′32″S 174°46′52″E / 41.2756572°S 174.7811653°E |
Employees | 400 employees |
Annual budget | NZ$212 million (2021–22)[1] |
Minister responsible |
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Agency executive |
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Website | gcsb |
The Government Communications Security Bureau (GCSB; Māori: Te Tira Tiaki) is the public-service department of New Zealand charged with promoting New Zealand's national security by collecting and analysing information of an intelligence nature. The GCSB is considered to be New Zealand's most powerful intelligence agency,[2][3] and has been alleged to have conducted more espionage and data collection than the country's primary intelligence agency, the less funded NZSIS.[4] This has at times proven controversial, although the GCSB does not have the baggage of criticism attached to it for a perceived failure to be effective like the NZSIS does.[5][6][7] The GCSB is considered an equivalent of GCHQ in the United Kingdom or the NSA in the United States.[8]
According to the Bureau's official website, it has a mission of contributing to the national security of New Zealand by providing information assurance and
History
The Government Communications Security Bureau was created in 1977 on the instructions of Robert Muldoon, the Prime Minister.
Prior to this, the functions now handled by the GCSB were split between three organisations:
- Communications security was the responsibility of 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
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 2003.[10]
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. The National Cyber Security Centre was established within the GCSB in September 2011, and it absorbed the functions of the Centre for Critical Infrastructure Protection.[11]
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
In 2015/16 the budget for the GCSB was $89.6 million.[14] Former Green MP Keith 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.[15] Cabinet Secretary Rebecca Kitteridge'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). The current Inspector-General is Brendan Horsley, who began his three year term in June 2020. The office of the Inspector-General also consists of Deputy Inspector-General Graeme Speden, and a number of investigating staff. A statutory advisory panel of two members also provides advice to the Inspector-General.[16]
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 oversees."[17]
Operations
The functions of the GCSB include
For the purposes of its signals intelligence activities, the GCSB maintains two "listening stations": a satellite communications interception station at
The GCSB is characterised by its focus on foreign intelligence gathering and is unable to collect intelligence on New Zealand citizens. Because of this, the agency is reliant on the New Zealand Security Intelligence Service for domestic intelligence gathering. If the GCSB were to collect data on New Zealanders, this would be in violation of the GCSB Amendment Bill.[21]
GCSB strategic plan; 2016–2020
The 2016 - 2020 strategic plan entails what the GCSB is aiming to achieve in the years until 2020.[22] Its two main focuses are; "impenetrable infrastructure" and "indispensable intelligence." "New Zealand's most important information infrastructures are impenetrable to technology-borne compromise. We call this aim impenetrable infrastructure, and New Zealand's intelligence generates unique policy and operational impacts for New Zealand. We call this aim indispensable intelligence." They plan to do this through the set up of eight priority objectives, including recruiting and retaining the best employees, replacing high grade infrastructure and continuing to modernise the GCSB's access and tradecraft.[22]
Waihopai station
The
In October 2021, the GCSB announced that Waihopai Station's two dishes and radomes would be decommissioned as the technology is obsolete. However, other data collection and information gathering will continue at the station.[26][27][28]
Tangimoana station
The
Notable activities and controversies
Appointment of Ian Fletcher
Ian Fletcher was appointed as director of the GCSB in February 2012.[31] Fletcher is a former diplomat who was interviewed by the appointment panel after an earlier short-list of four candidates had been rejected by the Prime Minister on the recommendation of the State Services Commissioner. In March 2013, John Key admitted he had known Fletcher since they were in school, but denied they were friends.[32]
Answering questions in parliament about Mr Fletcher's appointment, Key said he hadn't "seen the guy in a long time"[33] 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.[34] Former GCSB director Sir Bruce Ferguson said the way Key had intervened in the selection process was "disturbing".[35] The Labour Party called for an inquiry into the matter.[36]
Illegal spying
Shortly before Fletcher was appointed, the GCSB was found to have illegally spied on
Kitteridge report
As a result of the Dotcom saga, a review of 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[43] 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.[44]
Kitteridge also said she had 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.[46]
GCSB Amendment Bill
On 8 May 2013, the National Prime Minister John Key introduced the Government Communications Security Bureau and Related Legislation Amendment Bill, which would extend the powers of the GCSB to enable it to collect information from all New Zealanders for the use of other government departments including the New Zealand Police, Defence Force and the Security Intelligence Service.[47] Under the bill, the GCSB will have three main functions. Firstly, it will continue to collect foreign intelligence but it will not be allowed to spy on New Zealanders. Secondly, it will give the GCSB a legal mandate to assist the police, Defence Force and the Security Intelligence Service. Thirdly, it will extend the GCSB's cyber-security functions to encompass protecting private-sector cyber systems.[48]
While this Bill was supported by the ruling
On 14 August 2013, the Prime Minister of New Zealand John Key addressed what he identified as "misinformation" surrounding the GCSB Amendment Bill, claiming that the actions of the Government Communications Security Bureau were analogous to Norton AntiVirus.[53] On 21 August, the House of Representatives voted to pass the GCSB Amendment Bill by 61 to 59. The bill passed its third reading despite protests from the opposition parties, human rights groups, legal advocates, and technology groups. John Key defended the GCSB Amendment Bill by arguing that it did not authorise "wholesale spying" on New Zealanders and that its opponents were misinformed.[48][54]
Southern Cross Cable mass surveillance
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In 2013 the New Zealand Herald reported that the owners of the
In August 2014, New Zealand Green Party co-leader Russel Norman stated that an interception point was being established on the Southern Cross Cable.[56] Norman said that as the cable is the only point of telecommunications access from New Zealand, this would allow the Government to spy on all phone calls and internet traffic from New Zealand.[56] Norman's claims followed the revelation that an engineer from the NSA had visited New Zealand earlier in the year to discuss how to intercept traffic on the Southern Cross cable.[56] The office of National Party New Zealand Prime Minister John Key denied the claims, but admitted that they were negotiating a "cable access programme" with the NSA, while refusing to clarify what that was or why the NSA was involved.[56]
2015 Edward Snowden surveillance disclosures
On 5 March 2015,
According to investigative journalist and peace activist Nicky Hager, the GCSB had gone from selective targeting of South Pacific targets to collecting a wide breadth of email messages and telephone calls. He added that the spy agency had upgraded its Waihopai spy base in 2009 to collect both the content and meta-data of all communications, rather than specific individuals and agencies. According to leaked documents supplied by Snowden, the GCSB collected a wide trove of electronic information including emails, mobile and fixed line phone calls, and social media messages from various South Pacific countries. In addition, Snowden alleged that a GCSB officer had also worked with the Australian Signals Directorate to spy on the Indonesian cellphone company Telkomsel.[59]
The GCSB's mass surveillance programme was criticised by opposition parties including the Green Party co-leader Russel Norman and the Labour Party leader Andrew Little, who told the press that New Zealand risked damaging its relationship with the South Pacific and that the GCSB's actions amounted to an invasion of people's privacy. In 2014, New Zealand secured a seat on the United Nations Security Council with the support of the entire Pacific region on the platform that "New Zealand stands up for small states."[60] The Green Party also laid a complaint with the Inspector-General of Intelligence and Security, alleging that the GCSB had broken the law by spying on New Zealanders who were holidaying in the South Pacific. In response, Brian Fergurson, a former director of the GCSB, acknowledged that the spy agency did collect emails and other electronic communications but that it did not use material about New Zealanders captured inadvertently.[61]
The
On 11 March 2015, Edward Snowden disclosed that the Government Communications Security Bureau was also using the Waihopai Station to intercept transmissions from several
On 15 March 2015, the journalists Nicky Hager and Ryan Gallagher reported in the New Zealand Herald that the GCSB was using the NSA's internet mass surveillance system XKeyscore to intercept email communications from several leading Solomon Islands government ministers, the Solomons Islands Truth and Reconciliation Commission, and the Solomons anti-corruption campaigner Benjamin Afuga.[67] In response, the New Zealand Minister of Foreign Affairs Murray McCully downplayed reports of the spying disclosures by asserting that Pacific Islands ministers "were smart enough not to believe what they read in New Zealand newspapers." He also offered to discuss their concerns about the mass surveillance programme in private. The Solomons Chief of Staff, Robert Iroga, has condemned the New Zealand Government's actions for damaging New Zealand's image as a "friendly government" in the South Pacific. He added that communications within the inner circle of the Solomons Government was "highly secret information" that rightfully belong to the Solomon Islanders.[68]
On 16 March 2015, Snowden released more documents which revealed that the GCSB had a secret listening post, codenamed "Caprica", at the New Zealand High Commission in the Solomon Islands capital of
On 26 March 2015, the Inspector-General of Intelligence and Security Cheryl Gywn announced that she would lead an inquiry into the allegations that the GCSB had spied on New Zealanders working in the Pacific. Prime Minister John Key has welcomed this inquiry.[71] On 16 April 2015, The Intercept and New Zealand Herald disclosed that the GCSB had been both spying on and sharing intelligence with the Bangladesh government, using a leaked National Security Agency document entitled "NSA Intelligence Relationship with New Zealand." The Bangladeshi security forces have been implicated in various human rights abuses including extrajudicial killings and torture.[72] The New Zealand Government has refused to respond to these disclosures but opposition parties have criticised the GCSB for cooperating with Bangladeshi security forces.[73]
On 19 April 2015, The Intercept and the New Zealand Herald revealed that the GCSB and the National Security Agency had worked together to tap into a data link between the
On 5 May 2015, the Department of the Prime Minister and Cabinet acknowledged that Snowden's leaked documents on the GCSB and NSA were authentic but accused Snowden's associates, particularly the journalist Glenn Greenwald, of "misrepresenting, misinterpreting, and misunderstanding" the leaked information.[76]
2018–2019 Huawei ban
In late November 2018, the Government Communications Security Bureau prevented national telecommunications provider
2019 Christchurch mosque shootings
Following the
In response to the Royal Commission, the GCSB's Director-General Andrew Hampton stated that the agency was committed to making its role and capabilities "more widely understood and utilised by domestic partner agencies". Hampton also claimed that the GCSB did not distinguish between different forms of violent extremism "before and after" the Christchurch attacks and vowed to support national and global efforts against the "full spectrum of violent extremism."[85]
2021 Chinese cyber attacks
On 20 July 2021, the Minister in charge of GCSB Andrew Little confirmed that the spy agency had established links between Chinese state-sponsored actors known as "Advanced Persistent Threat 40" (APT40) and malicious cyber activity in New Zealand. In addition, Little confirmed that New Zealand was joining other Western governments including the United States, United Kingdom, Australia and the European Union in condemning the Chinese Ministry of State Security and other Chinese state-sponsored actors for their involvement in the 2021 Microsoft Exchange Server data breach.[86][87] In response, the Chinese Embassy in New Zealand described the New Zealand Government's statement as "groundless and irresponsible" and lodged a "solemn representation" with the New Zealand Government. The Embassy claimed that China was a staunch defender of cybersecurity and firmly opposed all forms of cyber attacks and crimes.[88]
On 21 July, Foreign Minister Nanaia Mahuta confirmed that New Zealand Foreign Ministry officials had met with Chinese Embassy officials at the request of the Chinese Embassy in response to the cyber attack allegations. The Embassy urged the New Zealand Government to abandon its so-called "Cold War mentality." New Zealand exporters have expressed concerns that an escalation of diplomatic tensions could affect Sino-New Zealand trade.[89]
In late March 2024 the GCSB's Director-General Andrew Clark confirmed that the Chinese-sponsored hacker group APT40 had attempted to breach the New Zealand Parliamentary Service and the Parliamentary Council Office's computer systems in 2021. In response, GCSB Minister Judith Collins, Prime Minister Christopher Luxon and Foreign Minister Winston Peters issued statements criticising the attempted cyber attacks.[90][91] In response, a Chinese Embassy spokesperson dismissed the complaint as "groundless and irresponsible accusations" and confirmed it would lodge a complaint with New Zealand officials. Reports of the data hack accompanied reports that the United States, British and Australian governments had sanctioned APT40 for similar activities in their countries.[90][91]
Counterterrorism
On 27 March 2023, Director-General Andrew Hampton confirmed during a meeting of Parliament's Intelligence and Security Committee that the GCSB in cooperation with other agencies had foiled three potential terror attacks. These incidents included a person making bomb threats in 2022 with "an implied ideological motivation", a New Zealand White identity adherent's concerning online behaviour, and another White identity extremist making threats to use firearms and explosives at a public event.[92][93]
Hosting of foreign agency intelligence capabilities
On 21 March 2024, the Inspector-General released a report detailing how the GCSB hosted a foreign agency's signal intelligence capability that could be used to support "military operations by foreign partners" during the years 2013 to 2020, without advising any government ministers. The report found fault with the initial process of agreeing to host the capability, as well as a lack of operational oversight during the period of its operation.[94][95] Former prime minister – and former minister for the GCSB in the years 2003 to 2008 – Helen Clark, suggested that disciplinary action would be appropriate for GCSB staff that signed off on the capability[96]
Directors
The GCSB is administered by a Director. The directors have been:
- Group Captain Colin Hanson OBE (1977–1988)
- Group Captain Ray Parker ONZM (1988–1999)
- Dr Warren Tucker (1999–2006)
- Air Marshal Sir Bruce Ferguson KNZM OBE AFC (2006–2010)
- Simon Murdoch CNZM (acting November 2010 – February 2011)[97]
- Lieutenant General Sir Jerry Mateparae GNZM QSO (7 February – 30 June 2011)
- Simon Murdoch CNZM (acting 1 July – 19 December 2011)
- Ian Fletcher (29 January 2012 – 27 February 2015)[98][99]
- Una Jagose (acting 28 February 2015 – February 2016)[100][101][102]
- Lisa Fong (acting February–April 2016)
- Andrew Hampton (May 2016 – April 2023)[103]
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 Mateparae was announced as the next Governor-General. He continued as Director until June 2011.
Ian Fletcher (who had been appointed for five years) unexpectedly announced his resignation for family reasons in January 2015, with an acting director to take over at the end of the month.[104]
See also
References
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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.