NSW Police Deputy Commissioner Nick Kaldas was heavily targeted in the bugging operation. Photo: Peter Rae
Deputy NSW police commissioner Nick Kaldas deserves an apology for being targeted with dozens of listening device warrants more than a decade ago, an upper house inquiry is expected to recommend.
The report of the parliamentary inquiry into a long-running bugging scandal that has rocked the upper echelons of the NSW police force will also find that a new inquiry should be held into how listening device warrants are obtained.
It will also be critical of successive police commissioners, including the current Commissioner Andrew Scipione, for the lack of action to resolve complaints over the decade-old scandal.
NSW Police Commissioner Andrew Scipione (centre), flanked by NSW Premier Mike Baird and Prime Minister Tony Abbott, has been criticised for failing to resolve the scandal. Photo: James Alcock
The inquiry examined the conduct and progress of Operation Prospect, an Ombudsman’s investigation into a police bugging operation, code-named Mascot, which ran between 1999 and 2001 and targeted allegedly corrupt police.
The scandal has rocked the top of the police force as another Deputy Commissioner, Catherine Burn, was team leader of Mascot – the operation targeting Mr Kaldas. Mr Scipione oversaw the operation for a time.
Mascot used a corrupt former policeman, code named M5, to target allegedly corrupt police with a listening device. But it emerged there was insufficient or no evidence of wrongdoing by many of the more than 100 police and civilians whose names appeared on warrants issued by the Supreme Court.
It emerged during the inquiry that Mr Kaldas was named in 80 warrants for listening devices issued to Mascot.
It is understood the inquiry’s report, due to be tabled in the NSW Parliament on Wednesday morning, will recommend that the state government issue a formal apology to Mr Kaldas over being targeted by the operation.
It will also recommend an apology be given to Channel Seven journalist Steve Barrett, who was named on 52 warrants.
The long-running tensions between Mr Kaldas and Ms Burn boiled over on the final day of the inquiry’s hearings, when Mr Kaldas accused Ms Burn of raising his name with an informant later used to bug him more than a decade ago.
Ms Burn had earlier detailed serious corruption allegations against Mr Kaldas that had led him to be targeted by a bugging operation of which she was a member, codenamed Mascot, during 1999-2001.
NSW Premier Mike Baird has indicated his preference is to wait for the outcome of a parallel inquiry by NSW Ombudsman Bruce Barbour into the bugging scandal, which is not due to report until June, before taking any action.
“The government’s cover-up is continuing”: David Shoebridge. Photo: Simon Alekna
The release of a secret report into a police bugging scandal has been blocked by Premier Mike Baird’s department, leading to warnings the dispute may end up before the Supreme Court.
The Strike Force Emblems report examines allegations of illegal bugging by the NSW police’s Special Crime and Internal Affairs (SCIA) and the NSW Crime Commission between 1999 and 2001, but has never been made public.
Its contents are sensitive as the current Commissioner, Andrew Scipione, and a current deputy commissioner, Catherine Burn, worked at SCIA and one of the detectives being bugged was Nick Kaldas, now also a deputy commissioner.
Last month, the NSW upper house passed a resolution seeking release of the Emblems report to a parliamentary inquiry into Ombudsman Bruce Barbour’s two-year investigation of the bugging scandal.
Although the government opposed the motion, it passed with the support of Labor, the Greens and the Shooters and Fishers Party.
But the Premier’s department wrote to the Crown Solicitor asking if it was “arguable” that under parliamentary rules the report can be released only with the permission of NSW Governor David Hurley, as it concerns “the administration of justice”.
On Friday, the Crown Solicitor tabled legal advice agreeing with this view, because the report contains references to court proceedings and perjury. In response, the Premier’s department has declined to release it to the Parliament.
A motion requesting the Governor’s permission is not possible before the upper house inquiry because Parliament has risen until after the March 2015 election.
Greens MP David Shoebridge, a member of the parliamentary inquiry set to examine the Ombudsman’s inquiry into the Emblems report, said the decision showed “the government’s cover-up is continuing”.
“They appear to be willing to make any argument to prevent the release of what is obviously a highly damaging report,” he said.
Mr Shoebridge said he would refer the decision to the Parliament’s independent arbiter, Keith Mason, QC.
“But clearly there are substantial issues of legal principle here that may have to be determined by the Supreme Court,” he said.
A Long Island firm is helping Kazakhstan and Uzbekistan clamp down on dissent
American companies are supplying technology that the governments of Kazakhstan and Uzbekistan are using to spy on their citizens’ communications and clamp down on dissent, according to a new report from the UK-based advocacy group Privacy International.
Verint Systems, a manufacturer of surveillance systems headquartered in Melville, N.Y., has sold software and hardware to Kazakhstan and Uzbekistan that is capable of mass interception of telephone, mobile, and Internet networks, the group alleged in its Nov. 20 report. It also provided the training and technical support needed to run them, the report said.
Verint, which claims customers in 180 nations, in turn sought decryption technology made by a firm in California, Netronome, as it helped the Uzbek government attempt to crack the encryption used by Gmail, Facebook, and other popular sites, according to the report.
The report’s overall message is that countries in Central Asia – including also Turkmenistan and Kyrgyzstan – regarded as among the world’s most autocratic are getting Western help to install, on a much smaller scale, some of the same advanced mass interception techniques that Edward Snowden revealed are used by the National Security Agency.
Those acquisitions have been facilitated in part by loose export controls over surveillance technology. To be subject to U.S. export restrictions, products must appear on a Commerce Department control list — and the key components of the surveillance products described in the Privacy International report do not appear to be on those lists, according to report co-author Edin Omanovic.
Products that can lay the foundation for mass surveillance are not restricted by special export controls if they are sold in an off-the-shelf, unaltered state, according to Eva Galperin, a global policy analyst at the Electronic Frontier Foundation, a non-profit digital rights foundation.
While many of the group’s sources are not listed in the report, and its claims therefore cannot all be confirmed, the report says that staff members interviewed activists in the region who recounted that transcripts of their private communications were used to convict and imprison them on charges of conspiracy.
Recent U.S. State Department reports for Kazakhstan and Uzbekistan describe a pattern of state-sponsored torture, inhumane treatment of prisoners, arbitrary arrest, and limited civil liberties in both countries. The State Department’s report on Uzbekistan specifically accused authorities there of detaining and prosecuting activists and journalists for politically motivated reasons. In the Kazakhstan report, “severe limits on citizens’ rights to change their government” was listed as a significant human rights problem.
Kathleen Sowers, an assistant to the general manager of Verint Systems, said in a telephone conversation on Nov. 20 that all of the company’s senior personnel were traveling and could not be reached for comment. Netronome spokeswoman Jennifer Mendola said in an email that the company had “no information on the matter” described in the Privacy International report. The company complies with all applicable laws of the United States and every other jurisdiction in which it operates, and “does not condone any violation of human rights or personal privacy,” she added.
Privacy International, a 24-year-old registered charity in the United Kingdom, publishes investigations and studies about digital privacy. It has challenged the legality of Britain’s spy agency using information obtained from the U.S. National Security Agency’s PRISM surveillance program to conduct mass surveillance of British citizens.
Several of the firms alleged to have exported snooping gear to the region have Israeli connections. Verint’s exports, for example, were dispatched by its Israeli subsidiary, according to the report. According to Omanovic, multiple sources had told his group that the transfers had been approved by the Israeli government. Israel and Kazakhstan signed an agreement for defense trade and cooperation at the beginning of 2014. A spokesman at the Israeli embassy in Washington did not have any immediate comment.
The report also said the Israeli firm NICE Systems has supplied monitoring systems with mass surveillance capabilities to the Kazakh and Uzbek regimes. Erik Snyder, NICE’s director of Corporate Communications, told the group in response that NICE provides law enforcement agencies and intelligence organizations with solutions for lawful communication interception, collection, processing, and analysis, but that it “does not operate these systems, and has no access to the information gathered.”
Some of the U.S. companies named in the report allegedly provided the Central Asian governments with technology that has less controversial purposes. Sunnyvale, CA-based Juniper Networks manufactured broadband equipment that Kazakhstan has been using to transmit data, according to the report, and a surveillance system that actively monitors internet users is now operating from that equipment. But the report makes no claim about Juniper’s complicity in surveillance. Juniper spokeswoman Danielle Hamel said she would look into the claim but then did not respond further.
The sole international agreement that includes regulations for the export of mass surveillance technologies – known as the Wassenaar arrangement — is non-binding on its 41 signatories. Israel is not a signatory, but says it uses Wassenaar’s control list as a guide, according to Privacy International’s Omanovic.
In October 2014, the European Commission amended its export controls to impose extra licensing requirements on monitoring and interception technologies. But the U.S. has not enacted its own controls on such exports.
Rep. Chris Smith (R-N.J.) has introduced several versions of a bill entitled “The Global Online Freedom Act,” meant to “prevent United States businesses from cooperating with repressive governments in transforming the Internet into a tool of censorship and surveillance.” But he has not been able to get the bill approved even by the subcommittee on Africa, Global Health, Global Human Rights and International Organizations that he chairs.
“This secrecy must stop”: Greens justice spokesman David Shoebridge. Photo: Darren Pateman
The police bugging scandal that has plagued top levels of the NSW force for more than a decade will be examined by a NSW parliamentary inquiry with concerns the Ombudsman has taken too long to finalise his investigation.
The state government tasked the Ombudsman in October 2012 with inquiring into allegations surrounding illegal bugging by the NSW Police’s Special Crime and Internal Affairs and the NSW Crime Commission between 1999 and 2001 and the investigation that followed into it.
But after more than two years, the $3 million inquiry, dubbed Operation Prospect and held behind closed doors, has released no specific details.Â
Now, The Shooters and Fishers Party, with the support of Labor and The Greens, will establish an inquiry that will examine the bugging allegations, the subsequent police investigation into those allegations and the Ombudsman’s inquiry. It will report by February 2015.
Shadow attorney-general Paul Lynch said Labor was in support of the inquiry because the original matters involving allegations of police bugging “were extremely serious”.
“It’s taken way too long to get to this stage,” he said. “These things will undoubtedly benefit from ventilation in public”.
The Greens justice spokesman David Shoebridge said the inquiry would remove the secrecy behind the police bugging scandal which has affected the most senior ranks of the NSW Police.
The current Commissioner, Andrew Scipione, and a current Deputy Commissioner, Catherine Burn, worked at SCIA at relevant times. One of the detectives SCIA was bugging was Nick Kaldas, now also a Deputy Commissioner.
“What we have is a secret police investigation that obtained secret warrants, that was then reviewed by a secret police investigation and is now being considered by a seemingly endless secret Ombudsman’s inquiry,” Mr Shoebridge said. “This secrecy must stop.”
Between 1999 and 2001, the  SCIA and the crime commission ran a covert investigation codenamed Operation Mascot into allegedly corrupt NSW police.
Central to Mascot was a serving NSW police officer, codenamed M5, who went to work for SCIA and the commission, wearing a wire to bug his colleagues, some of whom were undoubtedly corrupt. But many of those he sought to entrap were honest police.
Some listening device warrants obtained by SCIA and the commission contained more than 100 names, mainly of former and serving police.
In many cases, the affidavits presented to Supreme Court judges contained no information whatsoever that would justify the bugging, and Fairfax Media has established that some of the information in the affidavits was false.
Many police involved in the case believe numerous criminal offences have been committed by some officers of the SCIA and the commission.
Complaints by police, including some from within SCIA itself, were internally investigated by NSW police from Strike Force Emblems as far back as 2004. But inquiries were stymied by the secrecy provisions of the NSW Crime Commission, which refused to co-operate or hand over crucial documents.
Successive governments refused to release the Emblems reports – but they were obtained by Fairfax Media. The reports said “criminal conduct” and revenge might have been behind the mass bugging.
The first Emblems report found there may have been “criminal conduct” involved in the bugging of 100 serving and former police.
Even M5, the NSW police officer doing the undercover bugging, confessed that in some cases he was “settling old scores” and “assisting, nurturing corruption”.
LONDON (Reuters) – Telecommunications firm Cable Wireless helped Britain eavesdrop on millions of Internet users worldwide, Channel 4 reported on Thursday, citing previously secret documents leaked by a fugitive former U.S. National Security Agency contractor.
Cable Wireless, which was bought by Vodafone in 2012, provided British spies with traffic from rival foreign communications companies, Britain’s Channel 4 television said, citing documents stolen by Edward Snowden.
Channel 4 said Cable Wireless gave Britain’s GCHQ eavesdropping agency access by renting space on one of the arteries of global communications, a cable that runs to the southern English region of Cornwall.
The Channel 4 report, which was impossible to immediately verify given the secrecy of the surveillance programmes, said Cable Wireless carried out surveillance on Internet traffic through its networks on behalf of British spies.
The documents cited in the report were not shown on Channel 4’s web site. But previous disclosures by Snowden have illustrated the scale of U.S. and British eavesdropping on everything from phone calls and emails to Internet and social media.
Some telecommunications and Internet companies in Britain and the United States were asked or forced to cooperate with the eavesdropping programmes, according to previous media reports.
When asked for comment on the Channel 4 report, Vodafone said in a statement that it had examined the history of Cable Wireless compliance and found no evidence that would substantiate the allegations.
“We have found no indication whatsoever of unlawful activity within Vodafone or Cable Wireless and we do not recognise any of the UK intelligence agency programmes identified,” it said in a statement. “Furthermore, Vodafone does not own or operate the cables referred to.”
It added that national laws require it to disclose some information about its customers to law enforcement agencies or other government authorities when asked to do so.
In the wake of the Snowden revelations, GCHQ was accused by privacy groups and some lawmakers of illegally monitoring electronic communications.
British ministers denied any illegality and top spies dismissed suspicions of sinister intent, saying they sought only to defend the liberties of Western democracies. GCHQ declined to comment on the Channel 4 report.
Andrew Parker, director general of MI5, Britain’s domestic security service, warned last year that the revelations from Snowden, who now lives in Moscow, were a gift to terrorists because they had exposed GCHQ’s ability to track, listen and watch plotters.
(Reporting by Guy Faulconbridge and Kate Holton; Editing by Mark Heinrich)
