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by ra 4679 days ago
Moreover this bill actually requires a warrant to be issued for each individual that is to be spied upon. Public interest is supposedly demonstrated through evidence that the motive is "protection" not "spying".

It's not ideal by any means, but does seem to be better than in Australia / UK and the US where there is no legal oversight and no public discussion.

2 comments

There are many loopholes in the law. For example, the law permits the GCSB to retain any communication that is "incidentally obtained", and to pass that communication to the police, all without a warrant.
It's my understanding that warrants can be issued not just for individuals but "classes" of people—and those warrants are issued not by the judiciary ,but by the PM himself, or his appointed commissioner.

"A "warrant" to further investigate the content of this communication can be issued, not by the Judiciary but by the PM or the Commissioner, and such a warrant can be issued not only for individuals, but for a "class" of people within New Zealand." [1]

[1] http://www.nzherald.co.nz/privacy/news/article.cfm?c_id=546&...

These two points are the most horrifying in my eyes, being enough for the PM to install himself as king by having complete surveillance over all the kingmaker positions within parliament. Expose a marital affair here, schedule meetings during a dental appointment there, and it's enough leverage to apply huge influence over the laws that are created. Now that it's completely legal, there's nothing anybody can do to stop it.

After the US and UK have been revealed as full of state-sponsored security holes, and the software patent idea being banned earlier this year, I was considering moving back to NZ. But now that this law has passed, what's the difference? NZ's just as full of spies, except with very few jobs and slow, expensive internet.

I am still considering moving but this is a worry. Might just have to start a local Wikileaks Party.