Monday, July 24, 2017

The GCSB perjured themselves

Kim Dotcom lost a court case last week over whether he could see the communications the GCSB intercepted from him in order to assess the amount of damages he is owed. But in doing so, we learned something new: that illegal surveillance lasted two months longer than previously admitted, and the GCSB lied about it in court:

The illegal spying which earned Kim Dotcom an apology from former Prime Minister Sir John Key went on two months longer than previously admitted, according to a High Court judgment.

The revelation - if accurate - would open a can of worms over sworn admissions the GCSB has made in the High Court and the Court of Appeal over assistance given to police ahead of the FBI-inspired 2012 raid which saw Dotcom and three others arrested.

It could also raise the possibility of a fresh apology to Dotcom because Key's apology was in the context of spying from December 16, 2011 through to January 20, 2012.

The GCSB had previously given sworn statements on the earlier date in court, so the spies who gave those statements are now on the hook for perjury. But that's not all - because the new date also means that the GCSB continued spying on Dotcom for a full month after they knew it was illegal. Which pushes their spying from "incompetent mistake for which people should lose their jobs" to "knowing illegality for which people should go to jail". Not that that, or a perjury prosecution, will ever happen. Because if we've learned one thing from this whole saga, its that the law simply does not apply to the GCSB. And that makes one of the foundations of consent in the modern state - equal laws, applying to the government as well as the people - a lie.

The GCSB are not just undermining our sovereignty and our international relations. They are also undermining the foundations of our democracy. They are a poison in our body politic. And it is long past time we eliminated them.