Dear Government Communications Security Bureau,

Please refer to the link below:
http://goo.gl/wwrOmf

This infographic is one of the many leaks from NSA whistleblower Edward Snowden.
The classification markings indicate that the information contained within the slide was/is available to the New Zealand Government.

The slide shows that there are 20 "Large Cable Access Programs" worldwide.

One of the access programs are shown to be in Hawaii.
The Southern Cross Cable that carries virtually all of New Zealand's internet traffic passes through Hawaii. It also enters the United States at 2 points - points where Cable Access Programs are also shown to exist.

* Is the GCSB able to determine whether or not the NSA may or may not be intercepting information travelling through the Southern Cross Cable?
* What information does the GCSB have to determine this?

The infographic states there are 20 access programs, but only 16 blue dots can be seen on the map.

* Is there a Large Cable Access program (the same or similar to those seen in the slide) operating on New Zealand soil or intercepting communications in New Zealand waters?
* Does the GCSB operate or participate in the interception of communications travelling through the Souther Cross Cable?
* What information does the GCSB have to determine this?

The slide also shows that there are 50,000 Computer Network Exploitation (CNE) access points worldwide.

* Are any CNE access points in New Zealand or targeted at New Zealand computer networks, whether implanted or operated by the GCSB or any other overseas intelligence authority?
* What information does the GCSB have to determine this?

With regards to the above questions, and the anticipation of an s(6)(a) refusal:
Given the undisputed existence of cable access programs in several other countries, I don't believe that the existence of just one more access program would "LIKELY prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand." If anything, the existence of a cable access program would be seen to strengthen the military and cyber defence of New Zealand.
The acknowledgement of the (non)existence of a cable access program would not include specific details of specific cyber intelligence operations or the technology used in information gathering/analysis, and therefore would not jeopardise our security. An appropriate answer would not allow an adversary to determine or exploit weaknesses in our cyber defence, and would therefore not be prejudicial to security.
Also, the release of this information would not likely prejudice the international relations of New Zealand, as the information is already available to other countries in the Five-Eyes partnership, and the existence of some form of communications interception technique is already assumed by the general public.

I believe there is an extraordinary public interest in the requested information, as the public's right to enjoy privacy would be severely impacted on acknowledgement of a cable interception program. It is the public's right to know whether or not any Government agency is intercepting or analysing our communications, be it for national security or any other reason.

Thank you in advance for any assistance you are able to provide. I like forward to your response.

[B M]

Dear Government Communications Security Bureau,

Thank you for your reply, and for highlighting the correct meaning of classification markings.

I would like to clarify part of my request, as I do not believe it was properly understood.

Questions 1 and 2 asked:
"1) Is the GCSB able to determine whether or not the NSA may or may not be intercepting information travelling through the Southern Cross Cable?
2) What information does the GCSB have to determine this?"

To which you responded:
"I decline to provide the information requested on the grounds it does not exist. The GCSB does not have access to this cable."

The first question is simply a yes or no question, it does not require any particular piece of information. Therefore, your response cannot be that the information does not exist - either the GCSB is able to determine the existence of something, or it isn't. Put simply, it is asking: "if the NSA had access to the Southern Cross Cable, would the GCSB know about it or be able to detect it?"
The answer to that question cannot possibly satisfy any provision under the OIA for information to be withheld.

Also, Questions 1 and 2 are not asking whether or not the GCSB has access to the cable. They are in relation to the possibility of the NSA accessing the cable. Therefore, your response that "the GCSB does not have access to this cable", is irrelevant.

If the answer to Question 1 is "no", then your response to Question 2 is not required. The GCSB would not know if the NSA had access to data travelling through the Southern Cross Cable.

If the answer to Question 1 is "yes", then your response to Question 2 would entail the information available to you that shows WHETHER OR NOT the NSA has access.

I find it difficult to reconcile the apparent misinterpretation of Questions 1 and 2 with the calculated and deliberate responses to the other five questions. Nevertheless, I hope this reply has sufficiently clarified my request, and I look forward to hearing from you.

Yours sincerely,

[B M]