SST: Spies Blow Whistle On SIS Bugging
Spies Blow Whistle On SIS Bugging
By ANTHONY HUBBARD
and NICKY HAGER
Scoop Editors’ Note:
In co-operation with the Sunday Star Times, Scoop publishes
this major series by Anthony Hubbard and Nicky Hager on
Operation Leaf – how the SIS has bugged Maori MPs, groups
and networks. This issue was first reported by Scoop’s
Selwyn Manning on Thursday November 11 2004. See…
Intelligence Sources Say SIS Investigating Maori Party
Courtesy of the Sunday Star Times: Agents claim they were hired to dig dirt on Maori leaders and iwi organisations
This
article can also been viewed on the Stuff.co.nz website:
THE SIS has been involved in a widespread and probably unlawful campaign to infiltrate and bug Maori organisations, three spies have told the Sunday Star-Times.
They provided a detailed description of a top-secret programme called Operation Leaf, a major SIS campaign targeting a variety of Maori organisations and individuals over several years.
One
of them says he quit the operation in September last year
because he was “disgust[ed] at a system that was spying on
decent, law-abiding New Zealanders’’.
“I met some
nice people,’’ he said, “not activists or criminals, and I
just started questioning myself what it was all
about.’’
The Star-Times’ six-week investigation of the
spy claims has taken us to Australia and Asia, where the men
were interviewed.
Their allegations suggest the SIS
is going well beyond its statutory role which allows it to
spy on New Zealanders when the country’s security is at
stake through terrorism, espionage, sabotage and attempts to
overthrow the government by force.
A week ago, when
hints of the SIS Maori spying story leaked to the Scoop news
website, Prime Minister Helen Clark responded that “any
rational reading’’ of the NZSIS Act showed the suggestion
was “laughable’’. She pointed out the act prohibited the SIS
from carrying out surveillance of anyone “engaged in lawful
advocacy, protest or dissent’’.
When told this
newspaper had carried out an extended investigation, she
declined an interview, saying through a spokesperson that
she never commented on security matters.
The spies
claim:
The SIS contracted “computer geeks’’ to
engineer contact with Maori organisations and plant bugging
equipment on their computers or change the settings to allow
remote access.
They were told to gather intelligence
on internal iwi business negotiations, finances and Treaty
claims and inter-tribal cmmunications.
They were
instructed to watch for “dirt’’, including “personal
information, relationships, money issues, family secrets’’
on Maori leaders.
Serious divisions exist within the
intelligence community, with some spies believing the SIS is
too deferential to Western agencies.
Clark is the
minister in charge of the SIS and signs all interception
warrants. However, the operations described in Leaf appear
to have used surveillance techniques that did not require
formal warrants and therefore reporting to the minister and
parliament. It is not clear that Clark would have been
informed of the existence or the scale of Operation
Leaf.
One of the three operatives spoken to by the
Star-Times says he was directed to win the confidence of
senior people in the Maori community and to gain access to
and bug their computers. Over about three years he covertly
collected “thousands of pages of documents’’ from the
computers and passed them to his SIS “handler’’ – a woman
called “Margaret’’.
The operation targeted groups and
individuals, from known radicals and people with criminal
records to respected regional leaders, iwi organisations and
Maori politicians.
In recent months Operation Leaf
staff had been encouraged to forward “any nuggets concerning
the current leadership of the Maori Party’’ to their
handlers, one spy said.
The operation is at least
several years old, the spies said. One said he had been
spying on an iwi organisation between March 2000 and late
2003. All three said Operation Leaf was ongoing.
One
said “even before Leaf there had been other Maori-related
[SIS] surveillance’’ but this had morphed into
Leaf.
Leaf staff are said to include six “arm’s-length
deniable techies’’, SIS contract workers chosen for computer
and people skills. Posing as “friendly computer geeks’’ and
using other assumed identities, they had engineered contact
with the Maori organisations to gather information.
The six included three in the Auckland region, two in
the Wellington region and one in Christchurch. They met
about every two months with their handlers at a secure
facility near Wellington for training, technical support and
to solve problems.
While they were apparently helping
their targets to fix computer problems or upgrade software,
they also planted bugging equipment and changed the
computers’ settings to allow themselves remote access to all
the files and email. This had occurred with home computers
and office computer networks, one spy said.
The
Star-Times has inspected the accounts of one of the iwi
organisations said to have been targeted and found numerous
invoices for visits by one of the operatives.
Until
October 1, 2003, SIS operatives could covertly access other
people’s computer systems without obtaining a SIS
interception warrant. It is not clear whether warrants were
obtained for the Leaf operations after that date.
The
Operation Leaf spies say they were instructed to profile
Maori leaders and gather intelligence on their internal iwi
business, negotiations with government, Waitangi claim
processes, inter-tribal communications and more – as well as
keeping an eye out for “dirt’’.
They were not told
whether the intelligence they gathered was passed to the
government or how it was used.