First they came…

by Whaleoil on March 11, 2010 · 12 comments

first they blocked the child porn, but i did noth­ing for I am not a pedophile…
… then they blocked the small breasted women, but i did noth­ing for fear of being called a pedophile…
… then they blocked all adult sites, but I did noth­ing as they were “pro­tect­ing the chil­dren”………
…. then they blocked all objec­tion­able writ­ing, but I did noth­ing as it was in the “gen­eral publics best inter­ests”…
…. then they blocked all free music, but I did noth­ing as it might be copy­right infringe­ment….
…. then they blocked my writ­ing, because i was not sanc­tioned by the gov­ern­ment. and no one did any­thing because it was too late…

It has started, we now have un-elected offi­cials decid­ing what we can and can­not see on the inter­net. Except we don’t know what they are fil­ter­ing. They won’t tell us that. The Depart­ment of Inter­nal Affairs calls it fil­ter­ing, suck a nice unob­tru­sive name for C E N S O R S H I P.

But hang on a minute, in the Dirty Doc­tor of Palmer­ston North case a judge said that if the child porn is from over­seas it is not really the same as if it was here in NZ so not that big on the scale of offend­ing. Wel­come to the end of free­dom of expres­sion and the start of Net Cen­sor­ship. Wel­come to the true avbent of the Nanny State. Now they are decid­ing for us, with­out ref­er­ence to us what we can and can­not look at on the internet.

My tol­er­ance for this gov­ern­ment is fast expir­ing, ok it is nearly in need of resus­ci­ta­tion. Now, I’m no kid­die fid­dler or child-porn advo­cate, any­one who knows me knows I despise them. In fact I per­son­ally dobbed a creepy Scout Leader and got him chucked out. He sub­se­quently moved to Auck­land and last I heard was try­ing to become a Teacher. Lovely. But hav­ing a big fil­ter­ing fil­ter­ing god knows what on the inter­net, because they won’t tell us needs to be knocked on the head.

To make mat­ters worse, read this story of how the Iran­ian Gov­ern­ment shut down dis­sent. For all those peo­ple who had a lit­tle green box on their Twit­ter accounts, read this and be afraid.

Col­lect­ing inter­cep­tion data is a process which takes place in the ‘back­ground’, assur­ing that the inter­cepted tar­get (end user) is never aware of a pos­si­ble inter­cep­tion,” the man­ual describes. “The max­i­mum num­ber of simul­ta­ne­ous active inter­cep­tion ses­sions is 50,000.”

This man­ual has been read by police offi­cers in Tehran. It ended up in my hands through the back door.

Nokia Law­ful Inter­cep­tion Gate­way”, reads the cover page. This has been rumoured for a long while. Nokia Siemens Net­works has sup­plied Iran with telesur­veil­lance equip­ment, the details of which I have tried to track down since last sum­mer. Now, one of the prod­ucts that NSN sup­plied to Iran has been leaked to Fifi. This sys­tem enables just the type of sur­veil­lance that NSN has denied par­tic­i­pat­ing in.

It looks bad. The pack­age gives users exten­sive power to mon­i­tor cit­i­zen mobile phone as well as mobile inter­net usage.

But it isn’t ille­gal. Sim­i­lar sys­tems mon­i­tor our own telecom­mu­ni­ca­tions. The ques­tion isn’t about Iran, but more broadly about what kind of sur­veil­lance is per­mit­ted – or man­dated – in the net­works we use. Who con­trols them?

So what? I hear you say. Well it just so hap­pens our biggest Mobile player and also a rather large ISP has exactly the same gear as the Iran­ian mobile net­works. I know this because I asked Paul Brislen.

Vodafone Conversation re: Nokia

Nokia Law­ful Inter­cep­tion Gate­way (LIG), Has the Government?

So, I sent the arti­cle to Paul Brislen and he con­firms that they have the gear men­tioned in the arti­cle, in fact their entire net­work is pro­vided by Nokia. He thinks it is funny. Well read on;

Nokia Siemens Net­works refused to reveal what they had sold to Iran. “Just this small add-on”, the company’s media rela­tions office replied again and again when I ques­tioned them about it. “I don’t recall its name right now”, said Com­mu­ni­ca­tions Man­ager Riitta Mård. “It has noth­ing to do with inter­net surveillance.”

In fact, at least three sep­a­rate sys­tems were exported to Iran. Nokia built a GSM net­work; the GSM net­work was pro­vided with the LIG sys­tem that I acquired; and the LIG has been upgraded with the “add-on” that Mård described. Mård remem­bers the name of the sys­tem now: Mon­i­tor­ing Cen­tre (PDF). It’s a test plat­form that, accord­ing to Mård, only is only suit­able for mon­i­tor­ing tele­phone calls.

The com­mo­tion caused by the NSN trad­ing with Iran has been mostly about the Mon­i­tor­ing Cen­tre. The actual prob­lem now seems to be the more exten­sive LIG.

And this is where it gets inter­est­ing, even for the ordi­nary West­ern mobile phone user nor­mally untouched by Iran’s polit­i­cal storms. LIG, with its exten­sive mon­i­tor­ing capa­bil­i­ties, or a com­pa­ra­ble sys­tem by a dif­fer­ent man­u­fac­turer, is mon­i­tor­ing all mobile voice and data net­works around the world, includ­ing here in Finland.

And that dear friends is how a gov­ern­ment can shut down dis­sent overnight. Now you know how the Iran­ian gov­ern­ment man­aged to shut-up the free­dom movement.

In fact, it is pre­cisely because of us Euro­peans that these exten­sive mon­i­tor­ing sys­tems first became legal and then manda­tory world­wide. Europe has spear­headed the tran­si­tion from more restricted sur­veil­lance meth­ods to exten­sive sys­tems like the LIG: sys­tems that store all of the target’s com­mu­ni­ca­tions data dur­ing sur­veil­lance for future investigation.

Quis cus­todiet ipsos custodes?

Who indeed? Now do you all see why we need a con­sti­tu­tion like this. This sort of none­sense is why we need the pro­tec­tion of a con­sti­tu­tion espe­cially the First and sec­ond amend­ments. Now watch then imple­ment a more dra­con­ian s92a that that which we think there should be. The hug­ley ironic thing for me is the penal­ties for breach­ing copy­right is 12 times higher than a “seri­ous breach of the foun­da­tion of our law”, that being name sup­pres­sion. Name Sup­pres­sion is just one affront to our rights as cit­i­zens. Lit­tle by lit­tle they are being eroded away.

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{ 12 comments }

garry March 11, 2010 at 5:19 pm

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And every­body thinks Helen Clark is the worst thing that could ever hap­pen to us. Well spot­ted Whale … im no con­spir­acy the­o­rist – but we are about to move into a fully sur­veilled soci­ety (if we arent there already).

Theres always a rea­son – we have to reduce drink dri­ving / reduce the like­li­hood of acci­dents in the work­place / reduce the num­ber of drown­ings / Save smok­ers from them­selves / reg­u­late parental dis­ci­pline … and on it goes. And we are dumb com­pla­cent kiwis – we just sit there let­ting it all hap­pen … we still think we live in the New Zealand we always loved – we’ve been asleep while all the immi­grants came in – the mer­chant bankers sold us off – and on and on and on – wake up … we dont and we havent since around the time PC and MMP came into being. We still have liv­ing fos­sils like Roger Dou­glas hang­ing around like slowly molder­ing corpses remind­ing us who sold the fam­ily sil­ver. The sell­ing of New Zealand is about to move to the next level … the sell­ing of all per­sonal liberties.

The frog is in the pot and the heat has been turned up so grad­u­ally that it doesnt know its being cooked.

Per­haps only mass demon­stra­tions will hold par­lia­ment and its huge row of over­paid priv­i­leged pig­gies feed­ing at the trough to take note.

G

granny March 11, 2010 at 5:25 pm

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14 Free­dom of expression

Every­one has the right to free­dom of expres­sion, includ­ing the free­dom to seek, receive, and impart infor­ma­tion and opin­ions of any kind in any form.

21 Unrea­son­able search and seizure

Every­one has the right to be secure against unrea­son­able search or seizure, whether of the per­son, prop­erty, or cor­re­spon­dence or otherwise.

27 Right to justice

(1) Every per­son has the right to the obser­vance of the prin­ci­ples of nat­ural jus­tice by any tri­bunal or other pub­lic author­ity which has the power to make a deter­mi­na­tion in respect of that person’s rights, oblig­a­tions, or inter­ests pro­tected or recog­nised by law.

(2) Every per­son whose rights, oblig­a­tions, or inter­ests pro­tected or recog­nised by law have been affected by a deter­mi­na­tion of any tri­bunal or other pub­lic author­ity has the right to apply, in accor­dance with law, for judi­cial review of that determination.

So I guess some­one is going to have to get a judi­cial Review of Inter­nal Affairs actions, which are prima facie a breach of at least two rights in NZ BORA.

Whaleoil March 11, 2010 at 9:03 pm

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Granny, That would all be well and good, but Geof­frey Palmer made our Bill of Rights sec­ondary all laws instead of pri­mary. Essen­tially the BORA is vac­u­ous rub­bish unsup­ported by any enabling leg­is­la­tion as is typ­i­cal of social­ist clap­trap. They couldn’t have us being more free after the Bill of Rights than before it.

ummmm March 11, 2010 at 7:04 pm

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But hey… don’t get me wrong, cen­sor­ship is all good for Fiji says the Whale out of the side of his mouth.

On another point, if we have a US style writ­ten con­sti­tu­tion do you think our Supreme Court should be able to strike down uncon­sti­tu­tional laws?

thor42 March 11, 2010 at 8:43 pm

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WO – any chance of mak­ing an Offi­cial Infor­ma­tion Act request ask­ing what DIA are blocking?

Even if they refused to answer (for some rea­son), at least it would be a start in embar­rass­ing them.

DIA are get­ting more and more like the “Min­istry of Truth” in Orwell’s “1984″.

granny March 11, 2010 at 9:26 pm

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I quite agree, Whale, but mainly it is used by our esteemed Judges – espe­cially Dame Fletcher – to limit the effect of leg­is­la­tion and/or to sup­port judi­cial reviews.

They’re keen on Sec­tion 6 – about leg­is­la­tion to be inter­preted in accor­dance with NZ BORA – and less keen on Sec­tion 4.

thor42 March 11, 2010 at 10:43 pm

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A con­sti­tu­tion would be a very good idea.
It is long over­due, and this kind of insid­i­ous ero­sion of rights clearly shows why one is needed.

molinari March 12, 2010 at 1:36 pm

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Wha­le­oil you’re argu­ing against this the wrong way.

By start­ing off your post labo­ri­ously explain­ing how you’re not a pedo, you’re being dragged into a trap. They’ve set the terms of the debate, their terms – child porn – are unwinnable, and you’re falling for them.

Of course you’re not a fuck­ing pedo, and of course peo­ple who reject fil­ter­ing aren’t pedos.

So when you write your next arti­cle smash­ing these peo­ple for their dan­ger­ous idiocy, don’t even men­tion the fact you aren’t a pedo.

Argue on your terms, not theirs.

Like how on earth have we got to the point where we allow unelected offi­cials to decide in secret what we can and can’t read?

Who decides what’s hate­ful and against the pub­lic inter­est? I for one, feel your blog is full of hate and bor­der­line fringe lunatic lib­er­tar­ian crap that’s likely to incite hate crimes.

Your views rep­re­sent 0.5% of the pop­u­la­tion, are hate­ful, and it’s in the pub­lic inter­est some of the arti­cles on this site are filtered.

Who’s to stop the non­sense above?

Where the hell is Far­rar on this issue?

upstart March 13, 2010 at 6:49 pm

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Granny…Nice quote from the BOR…but peo­ple in NZ are not guar­an­teed free­dom of expression…The FVPCA over­rides the BOR in ban­ning cer­tain things (objec­tion­able mate­r­ial) and Whale..don’t be alarmed, but an unelected offi­cial has been decid­ing what you can and can­not see for years..the posi­tion is called the Chief Censor.

I just love the con­spir­a­to­r­ial under­tones of the inter­net citizens…the first sign of any sort of gov­er­nance and they start yelling about it will be abused “just look at China !!” we are not in China/Iran/Singapore.

I am really inter­ested why peple think that as soon as they log on to the Inter­net, they should be granted com­pletely unfet­tered free­dom. Vir­tu­ally every ele­ment of a per­sons life is gov­erend by some form of reg­u­la­tion, you can’t just decide one morn­ing that you will drive on the other side of the road…

…and for the filter..I haven’t made my mind up on it yet…I don’t think it is a sil­ver bul­let but if it can pre­vent access to the vile stuff that is out there, why not.

Whaleoil March 13, 2010 at 8:08 pm

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Upstart, we aren’t China or Singapore….yet.

As for the rest my annswer is already given.
… first they blocked the child porn, but i did nothing

spanishbride March 13, 2010 at 8:15 pm

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What is the dif­fer­ence between book burn­ing and rules to keep you safe?
One destroys access to infor­ma­tion that the Govt does not approve of, the other is pro­tec­tion of the people.

The inter­net is a rev­o­lu­tion that like life has both good and evil. In life we make choices, to turn off the T.V when we don’t like or approve of whats on and to not go search­ing for porn on the internet.

God gave us free­dom. He/She did not wrap us in cot­ton wool and take away our choices.We all must bear the con­se­quences of our choices.

By all means pun­ish those who choose to use the inter­net to do evil but do not restrict access to the infor­ma­tion rev­o­lu­tion because some choose to use it for evil.

We do not ban cars because some drive drunk. We pun­ish those who drive drunk. We do not ban alco­hol because some abuse it.

Free­dom brings respon­si­bil­i­ties but only com­mu­nism and total­i­tar­i­an­ism brings govt con­trol of what infor­ma­tion we can access.

ummmm March 13, 2010 at 8:53 pm

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First they cen­sored Fiji …. but you did nothing.

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