text: AUCKLAND, New Zealand—The New Zealand spy agency, the Government Communications Security Bureau (GCSB), worked in 2012 and 2013 to implement a mass metadata surveillance system even as top government officials publicly insisted no such program was being planned and would not be legally permitted. 
   
   Documents provided by NSA whistleblower Edward Snowden show that the government worked in secret to exploit a new internet surveillance law enacted in the wake of revelations of illegal domestic spying to initiate a new metadata collection program that appeared designed to collect information about the communications of New Zealanders. Those actions are in direct conflict with the assurances given to the public by Prime Minister John Key (pictured above), who said the law was merely designed to fix “an ambiguous legal framework” by expressly allowing the agency to do what it had done for years, that it “isn’t and will never be wholesale spying on New Zealanders,” and the law “isn’t a revolution in the way New Zealand conducts its intelligence operations.” 
   
   Snowden, in a post for The Intercept published today, accused Prime Minster Key of fundamentally misleading the public about GCSB’s role in mass surveillance. “The Prime Minister’s claim to the public, that ‘there is no and there never has been any mass surveillance’, is false,” the former NSA analyst wrote. “The GCSB, whose operations he is responsible for, is directly involved in the untargeted, bulk interception and algorithmic analysis of private communications sent via internet, satellite, radio, and phone networks.” 
   
   Snowden explained that “at the NSA, I routinely came across the communications of New Zealanders in my work with a mass surveillance tool we share with GCSB, called ‘X KEYSCORE.”” He further detailed that “the GCSB provides mass surveillance data into XKEYSCORE. They also provide access to the communications of millions of New Zealanders to the NSA at facilities such as the GCSB facility in Waihopai, and the Prime Minister is personally aware of this fact.” 
   
   Top secret documents provided by the whistleblower demonstrate that the GCSB, with ongoing NSA cooperation, implemented Phase I of the mass surveillance program code-named “Speargun” at some point in 2012 or early 2013. “Speargun” involved the covert installation of “cable access” equipment, which appears to refer to surveillance of the country’s main undersea cable link, the Southern Cross cable. This cable carries the vast majority of internet traffic between New Zealand and the rest of the world, and mass collection from it would mark the greatest expansion of GCSB spying activities in decades. 
   
   Upon completion of the first stage, Speargun moved to Phase II, under which “metadata probes” were to be inserted into those cables. The NSA documents note that the first such metadata probe was scheduled for “mid-2013.” Surveillance probes of this sort are commonly used by NSA and their partners to tap into huge flows of information from communication cables in real time, enabling them to extract the dates, times, senders, and recipients of emails, phone calls, and the like. The technique is almost by definition a form of mass surveillance; metadata is relatively useless for intelligence purposes without a massive amount of similar data to analyze it against and trace connections through. 
   
   The NSA declined to comment for this story. A GCSB spokesperson would only say: “We don’t comment on matters that may or may not be operational.” 
   
   Over the weekend, in anticipation of this report, Key admitted for the first time that the GCSB did plan a program of mass surveillance aimed at his own citizens, but claimed that he ultimately rejected the program before implementation. Yesterday, after The Intercept sought comment from the NSA, the Prime Minister told reporters in Auckland that this reporting was referring merely to “a proposed widespread cyber protection programme that never got off the ground.” He vowed to declassify documents confirming his decision. 
   
   But the documents indicate that Speargun was not just an idea that stalled at the discussion stage. It was a system GCSB actively worked to implement. One top secret 2012 NSA document states: “Project Speargun underway.” Another top secret NSA document discussing the activities of its surveillance partners reports, under the heading “New Zealand,” that “Partner cable access program achieves Phase I.” 
   
   Critically, the NSA documents note in more than one place that completion of Speargun was impeded by one obstacle: The need to enact a new spying law that would allow the GCSB, for the first time, to spy on its own citizens as well as legal residents of the country. As one NSA planning document put it, completion of Speargun was “awaiting new GCSB Act expected July 2013.” 
   
   That legislation arose after it was revealed in 2012 that the GCSB illegally surveilled the communications of Megaupload founder Kim Dotcom, a legal resident of New Zealand. New Zealand law at the time forbade the GCSB from using its surveillance apparatus against citizens or legal residents. That illegal GCSB surveillance of Dotcom was followed by a massive military-style police raid by New Zealand authorities on his home in connection with Dotcom’s criminal prosecution in the United States for copyright violations. 
   
   A subsequent government investigation found that the GCSB not only illegally spied on Dotcom but also dozens of other citizens and legal residents. The deputy director of GCSB resigned. The government’s response to these revelations was to refuse to prosecute those who ordered the illegal spying and, instead, to propose a new law that would allow domestic electronic surveillance. 
   
   That proposal was intensely controversial, prompting large public protests and a concerted campaign against the law. One news broadcaster called it “one of the most polarizing pieces of legislation in recent times.” It was of sufficient interest to the NSA that in March 2013, the director of Prime Minister Key’s Intelligence Coordination Group traveled to NSA headquarters to offer an update on the legislation. 
   
   To assuage the public, Key and other top officials repeatedly insisted that the real purpose of the law was merely to provide oversight and to clarify that targeted domestic surveillance which had long been carried out by the agency was legal. Key categorically denied that the law would allow mass metadata collection on the New Zealand public: “There have been claims this Bill offers no protection of metadata and allows for wholesale collection of metadata without a warrant. None of that is true.” 
   
   Key told the public that the new law would not permit mass, warrantless metadata surveillance: “So when the GCSB wants to access metadata, it is treated with the same level of seriousness and protection as if the GCSB was accessing the actual content of a communication. And there are protections around that.” 
   
   In response to Key’s claims, legal experts extensively documented that the new law would indeed provide “a major increase in the overall role and powers of the GCSB” and would allow the “very broad ‘wholesale’ powers” which Key denied. Yet the Key government, and the prime minister himself, steadfastly insisted that the law permits no mass surveillance. At one point, Key even promised to resign if it were found that the GCSB were engaging in mass surveillance. 
   
   Based on Key’s assurances, the New Zealand Parliament narrowly voted to enact the new law on August 21 of last year, by a vote of 61-59. Immediately prior to passage, Key acknowledged that the new law has “‘alarmed’ some people but blame[d] the Government’s opponents for stoking their fears” and again “rejected that by writing into law what the GCSB had already been doing meant an extension of its powers.” 
   
   But in high-level discussions between the Key government and the NSA, the new law was clearly viewed as the crucial means to empower the GCSB to engage in metadata surveillance. On more than one occasion, the NSA noted internally that Project Speargun, in the process of being implemented, could not and would not be completed until the new law was enacted. The NSA apparently viewed that new law as providing exactly the powers that Key repeatedly and publicly denied it would vest. 
   
   New Zealand’s national election will be held on September 20. Over the last several weeks, Key has been embroiled in a scandal that saw a top minister resign, after independent journalist Nicky Hager published a book, Dirty Politics, documenting ties between Key officials and a right-wing blogger known for attacking public figures and showing that Key officials declassified information for political purposes. 
   
   Revelations of illegal GCSB spying prompted the creation of the anti-surveillance Internet Party, which formed an alliance with the left-wing, indigenous Mana Party and is predicted to win several seats in Parliament. The party is funded by Dotcom, and has organized a “Moment of Truth” event for this Monday to discuss revelations of surveillance and other secret government actions. (Disclosure: Glenn Greenwald, one of the authors of this story, is scheduled to speak at that event pursuant to an invitation from the Internet Party, which paid his travel expenses to attend and agreed to donate a speaking fee to a designated charity.) 
   
   The disclosure that the GCSB plotted a program of mass surveillance based on this new law is likely to raise further questions about the ethics and credibility of the Key government. The new surveillance planning took place at high levels of the government, and expressly intended to use the new surveillance law as its basis even as Key himself insisted that the law provided no such authority. 
   
   Photo: Rob Griffith/AP 
   
   Additional reporting provided by Andrew Fishman ||||| Accused government whistleblower Edward Snowden is seen on the computer screen of a journalist on the internet site of the Council of Europe, as he speaks via video conference with members of the Committee on legal Affairs and Human Rights of the Parliamentary Assembly of... 
   
   WELLINGTON New Zealand was preparing to conduct mass domestic surveillance last year, a U.S. investigative journalist said on Monday, five days before the country goes to the polls, provoking immediate denials from Prime Minister John Key. 
   
   The accusations by Glenn Greenwald were based on evidence disclosed by former U.S. National Security Authority contractor Edward Snowden that Key's center-right government planned to exploit amended spying laws to sharply widen domestic spying. 
   
   Greenwald said the NSA documents showed New Zealand's electronic spy agency took the first steps towards the surveillance in a project dubbed 'Speargun', by tapping into an undersea telecoms cable into the country, while waiting for the legal authority to do so. 
   
   "Phase one entailed accessing that cable, tapping into it, and then phase two would entail metadata probes," Greenwald said on Radio New Zealand National. 
   
   Key rejected the charges as "absolutely wrong", and said a business case put up by the agency, the Government Communications Security Bureau (GCSB), early last year aimed at mass cyber protection, but was turned down by his government. 
   
   "There is not, and never has been, a cable access surveillance program operating in New Zealand," Key said in a statement, as he released several declassified papers to back his position. 
   
   "There is not, and never has been, mass surveillance of New Zealanders undertaken by the GCSB." 
   
   Snowden's material can be accessed at: here 
   
   New Zealand law provides that the GCSB, which conducts electronic surveillance and is part of the "Five Eyes" surveillance network along with the United States, Britain, Australia, and Canada, can only spy on New Zealand citizens if requested by a domestic law enforcement or intelligence agency. 
   
   Key said Greenwald, who was brought to New Zealand by millionaire internet entrepreneur Kim Dotcom, was being used to try to influence voters ahead of the election. 
   
   Dotcom, who is fighting extradition to the United States on charges of internet piracy, copyright breaches, and money laundering, has paid for Greenwald's trip to New Zealand. 
   
   Greenwald appeared at a public meeting of more than 1,000 people organized by a political party being bankrolled by Dotcom, at which the ebullient German had promised revelations damaging to Key. 
   
   Snowden and Wikileaks founder Julian Assange addressed the meeting through video links. 
   
   New Zealand media said the revelations involved an alleged email between a Warner Brothers film studio executive and the Motion Picture Association of America (MPAA), suggesting Key colluded with them to allow Dotcom to settle in New Zealand so that it would be easier to detain and extradite him. 
   
   Warner Brothers and the MPAA said the email was a fake, and Key said he made no such comments to the film executives. 
   
   Controversy around Dotcom's arrest and the protracted ongoing effort to extradite him, as well as charges of illegal spying, have dogged Key's government over the past two years. 
   
   In the past month links between his government and right-wing bloggers have prompted separate accusations of dirty tricks against political opponents. 
   
   But Key, largely unscathed in opinion polls, remains the favorite to gain a third consecutive term, although he is likely to need the support of minor parties to secure a majority. NZPOLL 
   
   (Reporting by Gyles Beckford and Naomi Tajitsu; Editing by Clarence Fernandez) ||||| Like many nations around the world, New Zealand over the last year has engaged in a serious and intense debate about government surveillance. The nation’s prime minister, John Key of the National Party, has denied that New Zealand’s spy agency GCSB engages in mass surveillance, mostly as a means of convincing the country to enact a new law vesting the agency with greater powers. This week, as a national election approaches, Key repeated those denials in anticipation of a report in The Intercept today exposing the Key government’s actions in implementing a system to record citizens’ metadata. 
   
   Let me be clear: any statement that mass surveillance is not performed in New Zealand, or that the internet communications are not comprehensively intercepted and monitored, or that this is not intentionally and actively abetted by the GCSB, is categorically false. If you live in New Zealand, you are being watched. At the NSA I routinely came across the communications of New Zealanders in my work with a mass surveillance tool we share with GCSB, called “XKEYSCORE.” It allows total, granular access to the database of communications collected in the course of mass surveillance. It is not limited to or even used largely for the purposes of cybersecurity, as has been claimed, but is instead used primarily for reading individuals’ private email, text messages, and internet traffic. I know this because it was my full-time job in Hawaii, where I worked every day in an NSA facility with a top secret clearance. 
   
   The prime minister’s claim to the public, that “there is no and there never has been any mass surveillance” is false. The GCSB, whose operations he is responsible for, is directly involved in the untargeted, bulk interception and algorithmic analysis of private communications sent via internet, satellite, radio, and phone networks. 
   
   If you have doubts, which would be quite reasonable, given what the last year showed us about the dangers of taking government officials at their word, I invite you to confirm this for yourself. Actual pictures and classified documentation of XKEYSCORE are available online now, and their authenticity is not contested by any government. Within them you’ll find that the XKEYSCORE system offers, but does not require for use, something called a “Five Eyes Defeat,” the Five Eyes being the U.S., U.K., Canada, Australia, and yes, New Zealand. 
   
   This might seem like a small detail, but it’s very important. The Five Eyes Defeat is an optional filter, a single checkbox. It allows me, the analyst, to prevent search results from being returned on those countries from a particular search. Ask yourself: why do analysts have a checkbox on a top secret system that hides the results of mass surveillance in New Zealand if there is no mass surveillance in New Zealand? 
   
   The answer, one that the government of New Zealand has not been honest about, is that despite claims to the contrary, mass surveillance is real and happening as we speak. The GCSB provides mass surveillance data into XKEYSCORE. They also provide access to the communications of millions of New Zealanders to the NSA at facilities such as the GCSB station at Waihopai, and the Prime Minister is personally aware of this fact. Importantly, they do not merely use XKEYSCORE, but also actively and directly develop mass surveillance algorithms for it. GCSB’s involvement with XKEYSCORE is not a theory, and it is not a future plan. The claim that it never went ahead, and that New Zealand merely “looked at” but never participated in the Five Eyes’ system of mass surveillance is false, and the GCSB’s past and continuing involvement with XKEYSCORE is irrefutable. 
   
   But what does it mean? 
   
   It means they have the ability see every website you visit, every text message you send, every call you make, every ticket you purchase, every donation you make, and every book you order online. From “I’m headed to church” to “I hate my boss” to “She’s in the hospital,” the GCSB is there. Your words are intercepted, stored, and analyzed by algorithms long before they’re ever read by your intended recipient. 
   
   Faced with reasonable doubts, ask yourself just what it is that stands between these most deeply personal communications and the governments of not just in New Zealand, but also the U.S., Canada, the U.K., and Australia? 
   
   The answer is that solitary checkbox, the Five Eyes Defeat. One checkbox is what separates our most sacred rights from the graveyard of lost liberty. When an officer of the government wants to know everything about everyone in their society, they don’t even have to make a technical change. They simply uncheck the box. The question before us is no longer “why was this done without the consent and debate of the people of this country,” but “what are we going to do about it?” 
   
   This government may have total control over the checkbox today, but come Sept. 20, New Zealanders have a checkbox of their own. If you live in New Zealand, whatever party you choose to vote for, bear in mind the opportunity to send a message that this government won’t need to spy on us to hear: The liberties of free people cannot be changed behind closed doors. It’s time to stand up. It’s time to restore our democracies. It’s time to take back our rights. And it starts with you. 
   
   National security has become the National Party’s security. What we’re seeing today is that in New Zealand, the balance between the public’s right to know and the propriety of a secret is determined by a single factor: the political advantage it offers to a specific party and or a specific politician. This misuse of New Zealand’s spying apparatus for the benefit of a single individual is a historic concern, because even if you believe today’s prime minister is beyond reproach, he will not remain in power forever. What happens tomorrow, when a different leader assumes the same power to conceal and reveal things from the citizenry based not on what is required by free societies, but rather on what needs to be said to keep them in power? 
   
   Photo: David Rogers/Getty Images
target: – Edward Snowden's latest revelations target New Zealand: The country's leaders repeatedly told the public that they weren't working on a domestic spying program, the whistleblower says, when in fact they were doing just that. "The Prime Minister’s claim to the public, that ‘there is no and there never has been any mass surveillance,' is false," Snowden writes in a piece for the Intercept. "If you live in New Zealand, you are being watched." He cites his NSA work, during which he "routinely came across the communications of New Zealanders." Snowden has revealed top secret documents that appear to point to an effort to intercept communications via an undersea cable that's responsible for most Internet traffic to and from New Zealand, Glenn Greenwald and Ryan Gallagher write at the Intercept. Ahead of the report, Prime Minister John Key acknowledged this weekend that a surveillance program had been planned, though he says he nixed it before it got under way, the Intercept adds. The country will hold an election Saturday, and Key holds that Megaupload founder Kim Dotcom, who paid for Greenwald's trip to the country, is trying to sway the election, Reuters reports. Dotcom, a New Zealand resident, is facing extradition.