By Brandon R. Cottrell 
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – In a document released by Edward Snowden, a former contractor with the United States National Security Agency (“NSA”), an Australian intelligence agency kept tabs on communications between a US law firm and the Indonesian government and shared their findings with the NSA.

Though the US law firm has not yet been positively identified, it is believed to be the Chicago based firm, Mayer Brown, which had been retained by Indonesia.  Indonesia had needed legal advice as it was in a trade dispute with the United States.  The communications involved here were protected by the attorney-client privilege, yet could still lawfully be used by the NSA so long as it was for intelligence purposes.

While it is not yet known whether this data was collected so that the US would have leverage in any future talks with Indonesia, the data would be “highly useful intelligence for interested US customers.”  The N.S.A. has since declined to answer any questions regarding this incident, including whether the collected information was shared with any of the United States trade officials or negotiators working on the Indonesia dispute.

Duane Layton, a Mayer Brown lawyer involved in the trade talks, said he did not have any evidence that he or the firm had been subject to surveillance but said that he “always wonder[s] if someone is listening, because you would have to be an idiot not to wonder in this day and age.”

Australia Prime Minister Tony Abbott has not issued a specific statement regarding the document, but did say that any material gathered by Australia is “for the benefit of our friends and to protect our citizens and the citizens of other countries.”

Indonesian Foreign Minister Marty Natalegawa meanwhile does not understand how a dispute over shrimp exports from Indonesia to the US would have an impact on global security.  Additionally, he said that “neighbors like Indonesia and Australia should be looking out for each other, not turning against each other . . . we should be listening to each and not listening in.”

The Obama Administration routinely emphasizes the NSA’s sweeping power as necessary to fight terrorism, yet recent documents released by Snowden show that that the NSA spies on trade negotiations, and communications among economic officials in other countries.  While the NSA has not denied that they possess such information, they remain steadfast in denying engagement in economic espionage.

Australia, which is part of the Five Eyes Alliance (the other members include Australia, Britain, Canada, and the United States), is often accused of helping the NSA collect data that it would otherwise unlawfully be able to collect, though the NAS has repeatedly said it does not utilize such measures.

 

For further information, please see:

The Guardian – Uncalled for Clarifications by Tony Abbott – 16 Feb. 14

NY Times – Spying by N.S.A. Ally Entangled U.S. Law Firm – 15 Feb. 14

The Voice of Russia – NSA’s Australian Allies Spied On Indonesia-Contracted US Law Firm – 16 Feb. 14

Washington Post – Indonesia Baffled By Spying On Shrimp Spat – 17 Feb. 14