Britain’s Brave New World just got Braver

First pub­lished by Con­sor­ti­um News.

On 5th June 2018 the UK Home Sec­ret­ary, Sajid Javid, unveiled his new counter-ter­ror­ism ini­ti­at­ive that he says is tar­get­ing an ever-meta­stas­ising threat, yet it raises a raft of new ques­tions about people’s rights.

The gov­ern­ment is act­ing on the imper­at­ive that some­thing needs to be done. But MI5 — offi­cially known as the UK domest­ic Secur­ity Ser­vice and the lead organ­isa­tion in com­bat­ing ter­ror­ism with­in the UK — has already, since the start of the war on ter­ror, doubled in size and has also been prom­ised yet more staff over the next two years.

Yet des­pite these boos­ted resources for MI5, as well as increased fund­ing and sur­veil­lance powers for the entire UK intel­li­gence com­munity, vir­tu­ally every ter­ror attack car­ried out in the UK over the last few years has been com­mit­ted by someone already known to the author­it­ies. Indeed, the Manchester bomber, Sal­man Abedi, had been aggress­ively invest­ig­ated but MI5 ignored vital intel­li­gence and closed down the act­ive invest­ig­a­tion shortly before he car­ried out the attack.

This fail­ure to tar­get known threats is not just a UK prob­lem. Attacks across Europe over the last few years have repeatedly been car­ried out by people already on the loc­al secur­ity radar.

New approaches are needed. But this latest offer­ing appears to be a med­ley of already failed ini­ti­at­ives and more wor­ry­ingly a poten­tially dan­ger­ous blue­print for a techno-Stasi state.

The main points of the new Home Office plan include: mak­ing MI5 share intel­li­gence on 20,000 “sub­jects of con­cern” with a wide range of organ­isa­tions, includ­ing loc­al coun­cils, cor­por­a­tions, loc­al police, social work­ers, and teach­ers; call­ing on inter­net com­pan­ies to detect and erad­ic­ate extrem­ist or sus­pi­cious con­tent; mak­ing online mar­ket­places such as Amazon and eBay report sus­pi­cious pur­chases; increas­ing sur­veil­lance of big events and infra­struc­ture; and passing even tough­er anti-ter­ror­ism laws.

This all sounds reas­on­able to those who are fear­ful of ran­dom attacks on the streets or at events – that is unless one has seen in the past how some ini­ti­at­ives have already been proven to fail or can fore­see in the future whole­sale abuse of increased sur­veil­lance powers.

Intel­li­gence is not Evidence

The most chilling part of the MI5 plan is shar­ing intel­li­gence on 20,000 sub­jects of con­cern. First of all, this is intel­li­gence – by nature gathered from a range of secret sources that MI5 would nor­mally wish to pro­tect. When com­mu­nic­at­ing with counter-ter­ror­ism police, intel­li­gence agen­cies will nor­mally hide the source, but that will require an immense amount of work for 20,000 cases before the inform­a­tion can be shared. Secondly, bear in mind that intel­li­gence is not evid­ence. Effect­ively MI5 will be cir­cu­lat­ing par­tially assessed sus­pi­cions, per­haps even rumours, about indi­vidu­als, very widely about people who can­not be charged with any crime but who will fall under a deep shad­ow of sus­pi­cion with­in their communities.

Also if this intel­li­gence is spread as widely as is cur­rently being sug­ges­ted, it will land in the laps of thou­sands of pub­lic bod­ies – for instance, schools, coun­cils, social care organ­isa­tions, and loc­al police. Mul­tiple prob­lems could arise from this. There will no doubt be leaks and gos­sip with­in com­munit­ies – so-and-so is being watched by MI5 and so on.

There will also be the inev­it­able mis­sion-creep and abuse of power that we saw almost 20 years ago when a whole range of the same pub­lic bod­ies were allowed access to the new eaves­drop­ping and sur­veil­lance law, the Reg­u­la­tion of Invest­ig­at­ory Powers Act (2000). Back then, loc­al coun­cils were abus­ing counter-ter­ror­ism legis­la­tion to catch people who might be try­ing to play school catch­ment areas (dis­tricts) to get their chil­dren into bet­ter schools, or even, and I kid you not, might be cockle-rust­ling on their loc­al beach. Of course, such intrus­ive elec­tron­ic sur­veil­lance powers have been sig­ni­fic­antly increased since then, with the Invest­ig­at­ory Powers Act 2017, that allows bulk stor­age, bulk data­set hack­ing and hack­ing per se.

All this fol­lows the notori­ous Home Office counter-ter­ror­ism PREVENT scheme – the failed par­ent of these new proposals.

A dec­ade ago PREVENT was designed to reach out, build bridges with Muslim com­munit­ies across Bri­tain, encour­aging them to report any sus­pi­cious beha­viour to the author­it­ies to nip incip­i­ent rad­ic­al­isa­tion in the bud. Unfor­tu­nately it did not quite work out that way. Young Muslims told stor­ies of pres­sure from MI5 to spy on their com­munit­ies. It des­troyed com­munity trust rather than built it.

Unfor­tu­nately, this new Home Office scheme goes even fur­ther down the wrong path. It asks teach­ers, social work­ers, the loc­al police and oth­er author­ity fig­ures to go bey­ond report­ing sus­pi­cious beha­viour to actu­ally be giv­en a list of names to keep a awatch on “sub­jects of interest”.

The last time such a sys­tem of com­munity inform­ants used in Europe was ended when the Ber­lin Wall came down in 1989 and East Germany’s Stasi sys­tem of a vast net­work of inform­ers was revealed in all its hor­ror. How iron­ic that the same sys­tem that was devised to pro­tect the East Ger­man youth from the “dec­ad­ent influ­ence” of West­ern ideals is now being pro­posed in a “dec­ad­ent” West­ern coun­try to spy on its own youth for traces of radicalisation.

Cor­por­ate Allies

Suf­fice to say that if the Brit­ish gov­ern­ment can­not even make the inter­net titans such as Google and Face­book pay their fair share in taxes, nor call Facebook’s Mark Zuck­er­berg to account in Par­lia­ment about the Cam­bridge Ana­lyt­ica scan­dal, then good luck for­cing them make a mean­ing­ful effort to root out extrem­ist material.

But even if they do agree, this idea is fraught with the trouble­some ques­tion of who gets to decide wheth­er some­thing is extrem­ist mater­i­al or a dis­sent­ing opin­ion against the estab­lish­ment?  Face­book, Google and You­tube are already enga­ging in what can only be called cen­sor­ship by de-rank­ing in search res­ults mater­i­al from legit­im­ate dis­sid­ent web­sites that they, with no his­tory of exer­cising news judge­ment, deem “fake news”.Such estab­lished news sites such as Wikileaks, Con­sor­ti­um­News and World Social­ist Web Site as well as many oth­ers lis­ted on the notori­ous and unre­li­able Pro­pOrNot list have taken a sig­ni­fic­ant hit since these restric­tions came into play on 23 April 2017.

Amazon, eBay and oth­er retail com­pan­ies are being asked to report sus­pi­cious sales of pre­curs­or mater­i­als for bombs and oth­er weapons. Car hire com­pan­ies will be asked to report sus­pi­cious indi­vidu­als hir­ing cars and lor­ries. Algorithms to detect weapons pur­chases may be feas­ible, but deny­ing rent­als to merely “sus­pi­cious” indi­vidu­als who’ve com­mit­ted no crimes strays into Stasi territory.

Back in the era of fer­til­iser lorry and nail bombs, laws were put in place across Europe to require fer­til­iser com­pan­ies to report strange pur­chases – from people who were not registered agri­cul­tur­al­ists, for example, Unfor­tu­nately, this law was eas­ily sub­ver­ted by Nor­we­gi­an right-wing ter­ror­ist, Anders Breivik, who simply worked to estab­lish a farm and then leg­ally pur­chased the ingredi­ents for his Oslo car bomb in 2011.

You are Being Watched

The UK is known as hav­ing the most CCTV cam­er­as per cap­ita in the West­ern world. There have been vari­ous plans mooted (some leaked to Wikileaks) to hook these up to cor­por­a­tions such as Face­book for imme­di­ate face tag­ging cap­ab­il­it­ies, and the devel­op­ment of algorithms that can identi­fy sus­pi­cious beha­viour in real time and the police can move to inter­cept the “sus­pect”.

Face recog­ni­tion cam­er­as are being tri­alled by three police forces in the UK – with soft­ware that can allegedly watch crowds at events and in sta­tions and poten­tially identi­fy known crim­in­als and sus­pects in a crowd and alert the police who will imme­di­ately move in and intercept.

Unfor­tu­nately, accord­ing to Big Broth­er Watch in the UK, these com­puter sys­tems have up to a 98% fail­ure rate. If the Home Sec­ret­ary is really sug­gest­ing that such dodgy soft­ware is going to be used to police our pub­lic spaces I would sug­gest that he ask his geeks to go back and do their homework.

Do we really want to live in a coun­try where our every move­ment is watched by tech­no­logy, with the police wait­ing to pounce; a coun­try where if we are run­ning late or are hav­ing a stressed work day and seem “strange” to a per­son in a car hire com­pany, we can be tracked as a poten­tial ter­ror­ist; where chil­dren need to fear that if they ask awk­ward, if inter­ested, ques­tions of their teach­ers or raise fam­ily con­cerns with social care, they might already be on a watch list and their file is stack­ing up slowly in the shadows?

That way lies total­it­ari­ansim. I have been track­ing how a state can slide unthink­ingly into such a situ­ation for years, par­tic­u­larly look­ing at such warn­ings from his­tory as 1930s Ger­many and, over the last dec­ade, I have ser­i­ously begun to fear for my country.

If these meas­ures go through Bri­tons could be liv­ing under SS-GB – the name of a book by the excel­lent spy writer, Len Deighton, in his envi­sion­ing of what the UK would have been like if the Nazis had suc­ceed in invad­ing dur­ing World War Two. The ulti­mate irony is that the acronym attrib­uted to MI5 at inter­na­tion­al intel­li­gence con­fer­ences way back in the 1990s used to be UK SSUK Secur­ity Ser­vice. I hear it has changed now….

The EU’s Urge to Curb Bitcoin

The EU is try­ing to take steps to curb Bit­coin.  Why?  Here’s the long version:

https://​www​.rt​.com/​n​e​w​s​/​4​1​3​5​1​7​-​b​i​t​c​o​i​n​-​c​r​y​p​t​o​c​u​r​r​e​n​c​y​-​e​u​-​c​r​a​c​k​d​o​wn/

And the short:

The EU’s urge to curb Bit­coin from Annie Machon on Vimeo.

Good Technology Collective

Recently I was invited to be on the glob­al coun­cil of a new tech policy inti­ti­at­ive called the Good Tech­no­logy Col­lect­ive, based in Berlin.

~ Foun­ded by a group of tech­no­logy enthu­si­asts led by 1aim co-founders Torben Friehe and Yann Lere­taille, the GTC will serve as a cru­cial European for­um for pilot­ing tech­no­lo­gic­al advances in the 21st cen­tury. Through its Expert Coun­cil, it will bring togeth­er lead­ing founders, engin­eers, sci­ent­ists, journ­al­ists, and act­iv­ists, who will research, gen­er­ate con­ver­sa­tion around, and offer coun­sel as to the soci­et­al impact of AI, vir­tu­al real­ity, Inter­net of Things, and data surveillance.

We believe that there are eth­ic­al ques­tions con­cern­ing how fron­ti­er tech­no­lo­gies will affect our daily lives,” Lere­taille said. “As a soci­ety, Europe deserves broad and access­ible dis­cus­sions of these issues, hos­ted by those who appre­ci­ate, under­stand, and worry about them the most.” ~

The Good Tech­no­logy Col­lect­ive (GTC), a new European think-tank address­ing eth­ic­al issues in tech­no­logy, will offi­cially open its doors in Ber­lin on Decem­ber 15th. The grand open­ing will kick off at 7:30PM (CET) at Soho House Ber­lin and I shall be one of the guest speakers.

Invit­a­tions are lim­ited for the grand open­ing. Those inter­ested in attend­ing should con­tact: rsvp@goodtechnologycollective.com; or, fill in the invit­a­tion form at: https://​goo​.gl/​X​p​n​djk.

And here is an intro­duct­ory inter­view I did for GTC recently:

Why We Must Fight for Privacy

We live in a soci­ety where shad­owy fig­ures influ­ence what makes the news, who goes to jail, and even who lives or dies. 

We live in a sys­tem where cor­por­a­tions and the state work togeth­er to take con­trol of our inform­a­tion, our com­mu­nic­a­tions, and poten­tially even our future digit­al souls.

So we do not merely have the right, but rather the oblig­a­tion, to fight for our privacy.

It is a simple human right that is essen­tial for a func­tion­ing democracy. 

But we are a long way away from hav­ing that right guar­an­teed, and we have been for a long time.

My Time as a Spy

I spent six years work­ing with MI5, the Brit­ish domest­ic counter-intel­li­gence and secur­ity agency, in the 1990s. It was a time of rel­at­ive peace after the Cold War and before the hor­rors of Septem­ber 11, 2001, when the gloves came off in the War on Terror.

And even then, I was hor­ri­fied by what I saw.

There was a con­stant stream of illeg­al wireta­ps and files kept on hun­dreds of thou­sands of our cit­izens, act­iv­ists, journ­al­ists, and politicians. 

Inno­cent people were sent to pris­on due to sup­pressed evid­ence in the 1994 bomb­ing of the Israeli Embassy in Lon­don. IRA bomb­ings that could have been pre­ven­ted were allowed to take place, and the MI6 fun­ded a plot to murder Liby­an lead­er Col­on­el Gad­dafi using Al Qaeda affil­i­ates. He sur­vived, oth­ers did not.

This is just part of the cor­rup­tion I saw intel­li­gence and secur­ity agen­cies engage in.

The pub­lic and many politi­cians believe these agen­cies are account­able to them, but that is simply not how things work in real­ity. More often than not, we only know what they want us to hear.

State Manip­u­lates News and Politics

I wit­nessed gov­ern­ment agen­cies manip­u­late the news through guile and charm, at times even writ­ing it them­selves. Fake news is not new. The state has long shaped media cov­er­age using vari­ous methods.

This was the case in the ana­logue era, and things have become worse in the era of the Web.

In the end, I felt there was no choice but to blow the whistle, know­ing that it would end my career. My part­ner and I resigned, and we went into hiding. 

We spent years on the run for breach­ing the UK Offi­cial Secrets Act. We would have been imprisoned if caught.

We fled Bri­tain in 1997, spend­ing three years in a French farm­house and a loc­a­tion in Par­is. My part­ner went to pris­on, twice, and we learned indelible les­sons about state power along the way.

Learn­ing the Value of Privacy

We also learned the value of privacy. 

As high-value tar­gets, we knew our com­mu­nic­a­tions and rel­at­ives were monitored. 

So when I called or emailed my moth­er, I had to self-cen­sor. I had to assume that her house was bugged, as yours could be.

Our friends were pres­sured into cooper­at­ing with the police. It was one way we were stripped of our pri­vacy, cor­rod­ing our spir­it.

You lose trust in every­one around you, and you do not say any­thing that could give you away.

Sur­veil­lance Has Moved with the Times

That was then. Today, sur­veil­lance is part of our daily lives, on the Inter­net and in the street. 

Edward Snowden recently revealed the scale of gov­ern­ment sur­veil­lance. And it is mind-boggling. 

The Snowden Effect, as it is known, has made 28 per­cent of the people in the United King­dom rethink their online habits. If we do not feel we have pri­vacy, then in a way it does not mat­ter if someone is watch­ing us. We will self-cen­sor any­way. Just in case. 

This has a tan­gible impact on soci­ety. It is the road to a world like Orwell’s 1984.

Legit­im­ate act­iv­ists know they can be watched. This means that protest­ors may think twice before get­ting involved with press­ing issues. Sur­veil­lance is a sure-fire means of stifling democracy.

We Are All Being Watched

Snowden revealed that Inter­net com­pan­ies opened their doors to the U.S. Nation­al Secur­ity Agency and the Brit­ish Gov­ern­ment Com­mu­nic­a­tions Headquar­ters (GCHQ). He also dis­closed that Brit­ish intel­li­gence was hand­ing over inform­a­tion on Europeans to Amer­ic­an intel­li­gence agencies. 

Both gov­ern­ment agen­cies can access our video com­mu­nic­a­tions. Appar­ently their per­son­nel were forced to sit through so many expli­cit “romantic” video calls that they later had to receive counseling. 

It might sound amus­ing. But it shows that the state is reg­u­larly invad­ing our privacy.

And that is just gov­ern­ment agen­cies. The cor­por­ate world is sur­veilling us, too. Com­pan­ies have been gran­ted excep­tion­al powers to see who is shar­ing inform­a­tion and files across the Internet.

When the FBI Is a Cor­por­ate Tool

In New Zea­l­and, Kim Dot­com developed MegaUp­load. It did have legit­im­ate users, but the fact that some dis­trib­uted pir­ated intel­lec­tu­al prop­erty led to an FBI raid on his home. 

Likely under the influ­ence of the FBI, the New Zea­l­and author­it­ies per­mit­ted sur­veil­lance to bol­ster the U.S. extra­di­tion case against him. In Octo­ber 2012, Prime Min­is­ter John Key pub­licly apo­lo­gized to Dot­com, say­ing that the mis­takes made by New Zealand’s Gov­ern­ment Com­mu­nic­a­tions and Secur­ity Bur­eau before and dur­ing the raid were “appalling.

This was all a massive infringe­ment on New Zealand’s sov­er­eignty. One must won­der how the cor­por­ate world can wield so much influ­ence that the FBI is able to a raid the home of an entre­pren­eur on for­eign land.

This is not how gov­ern­ment agen­cies are meant to work. It is a pin­cer move­ment between the cor­por­a­tions and the state. 

This Is the Defin­i­tion of Fascism

Itali­an dic­tat­or Benito Mus­solini defined fas­cism as the mer­ging of the state and the cor­por­ate world. And it is becom­ing increas­ingly clear that we are head­ing in this direction. 

We are all con­stantly con­nec­ted through our smart­phones and com­puters. Incid­ent­ally, any hard­ware, even USB cables, pro­duced after 1998 prob­ably comes with a back­door entry point for the government. 

We also freely provide inform­a­tion on Face­book that would have taken secur­ity and intel­li­gence agen­cies weeks to assemble before the era of digit­al communications.

We need to know who is watch­ing that inform­a­tion, who can take it, and who can use it against us. 

Research con­duc­ted today may one day lead to our entire con­scious­ness being uploaded into a com­puter. Humans could become soft­ware-based. But who might be able to manip­u­late that inform­a­tion and how?

It is vital for us to start think­ing about ques­tions such as these.

Secret Legis­la­tion Can Change Our World

In Europe, we are see­ing the Transat­lantic Trade Invest­ment Part­ner­ship (TTIP) forced upon us. It is a ghastly piece of legis­la­tion through which cor­por­ate lob­by­ists can neg­at­ively affect 500 mil­lion people. 

Its investor-state dis­pute set­tle­ment clause grants mul­tina­tion­al cor­por­a­tions the leg­al status of a nation-state. If they feel gov­ern­ment policies threaten their profits, they can sue gov­ern­ments in arbit­ra­tion tribunals. The treaty paper­work is kept in a guarded room that not even politi­cians work­ing on the legis­la­tion can access freely.

Sim­il­ar pro­jects were attemp­ted before, but they were over­turned by the weight of pub­lic opin­ion. The pub­lic spoke out and pro­tested to ensure that the legis­la­tion nev­er came to pass. 

We must pro­tect our right to demo­cracy and the rule of law, free from cor­por­ate intervention.

A Per­fect Storm for Privacy?

A per­fect storm against pri­vacy is brew­ing. A debate con­tin­ues over how much con­trol the state should exer­cise over the Inter­net amid the threat of ter­ror­ism, which has become part of mod­ern life. 

Add to this the increas­ing ten­sion between the United States and Rus­sia and cli­mate change, and things could get quite messy, quite fast.

We need pri­vacy so we can protest when we need to. We need to be able to read and write about these top­ics, and dis­cuss them. We can­not rely on the main­stream media alone. 

We need pri­vacy to be prop­er cit­izens. This includes the right to lobby our politi­cians and express our concerns. 

We also have to be aware that politi­cians do not know what the intel­li­gence and secur­ity ser­vices are doing. We need to take our pri­vacy into our own hands. 

As a start, we must all begin using encryp­tion, open-source soft­ware and oth­er tools to make sure we have pri­vacy. If we do not, we will lose our democracy. 

It took our ancest­ors hun­dreds of years of blood, sweat, tears and death to win the right to privacy. 

We must defend that legacy.

Recent interviews: UK Cyber Security, Kim Dotcom, and Iraq

I’ve done a few more inter­views this month for RT, on a vari­ety of issues:

US boots on the ground in Iraq

USA Boots on the Ground in Iraq — again. from Annie Machon on Vimeo.

The extra­di­tion case against Megaup­load’s founder, Kim Dotcom

Megaup­load’s Kim Dot­com faces extra­di­tion from NZ to USA from Annie Machon on Vimeo.

And the launch of the UK’s new Cyber Secur­ity Centre, soon after the new Invest­ig­at­ory Powers Act (aka the “snoop­ers’ charter”) became law

The launch of the UK’s new Nation­al Cyber Secur­ity Centre from Annie Machon on Vimeo.

The Blacklist — how to go on the run

Recently I did this inter­view for BBC Click to pro­mote the third series of the excel­lent US spy series “The Blacklist”:

How to go on the run from Annie Machon on Vimeo.
The series is appar­ently huge in the USA — and I can see why, as it is good — but little known to date in the UK.

RT Going Underground — the Snoopers’ Charter

Here is a recent inter­view I did for the RT UK’s flag­ship news chan­nel, “Going Under­ground” about the hor­rors of the pro­posed Invest­ig­at­ory Powers Bill — the so-called “snoop­ers charter” — that will leg­al­ise pre­vi­ously illeg­al mass sur­veil­lance, mass data reten­tion, and mass hack­ing car­ried out by GCHQ in league with the NSA:

My inter­view starts at 19 minutes in — there is Brexit stuff first, about which I shall write more about soon.…

Parliamentary Evidence on the UK Investigatory Powers Bill

My writ­ten evid­ence to the Scru­tiny Com­mit­tee in the UK Houses of Par­lia­ment that is cur­rently examin­ing the much-dis­puted Invest­ig­at­ory Powers Bill (IP):

1. My name is Annie Machon and I worked as an intel­li­gence officer for the UK’s domest­ic Secur­ity Ser­vice, com­monly referred to as MI5, from early 1991 until late 1996. I resigned to help my part­ner at the time, fel­low intel­li­gence officer Dav­id Shayler, expose a num­ber of instances of crime and incom­pet­ence we had wit­nessed dur­ing our time in the service.

2. I note that the draft IP Bill repeatedly emphas­ises the import­ance of demo­crat­ic and judi­cial over­sight of the vari­ous cat­egor­ies of intrus­ive intel­li­gence gath­er­ing by estab­lish­ing an Invest­ig­at­ory Powers Com­mis­sion­er as well as sup­port­ing Judi­cial Com­mis­sion­ers. How­ever, I am con­cerned about the real and mean­ing­ful applic­a­tion of this oversight.

3. While in the Ser­vice in the 1990s we were gov­erned by the terms of the Inter­cep­tion of Com­mu­nic­a­tions Act 1985 (IOCA), the pre­curs­or to RIPA, which provided for a sim­il­ar sys­tem of applic­a­tions for a war­rant and min­is­teri­al oversight.

4. I would like to sub­mit evid­ence that the sys­tem did not work and could be manip­u­lated from the inside.

5. I am aware of at least two instances of this dur­ing my time in the ser­vice, which were cleared for pub­lic­a­tion by MI5 in my 2005 book about the Shayler case, “Spies Lies, and Whis­tleblowers”, so my dis­cuss­ing them now is not in breach of the Offi­cial Secrets Act. I would be happy to provide fur­ther evid­ence, either writ­ten or in per­son, about these abuses.

6. My con­cern about this draft Bill is that while the over­sight pro­vi­sions seem to be strengthened, with approv­al neces­sary from both the Sec­ret­ary of State and a Judi­cial Com­mis­sion­er, the interi­or pro­cess of applic­a­tion for war­rants will still remain opaque and open to manip­u­la­tion with­in the intel­li­gence agencies.

7. The applic­a­tion pro­cess for a war­rant gov­ern­ing inter­cep­tion or inter­fer­ence involved a case being made in writ­ing by the intel­li­gence officer in charge of an invest­ig­a­tion. This then went through four lay­ers of man­age­ment, with all the usu­al redac­tions and fin­ess­ing, before a final sum­mary was draf­ted by H Branch, signed by the DDG, and then dis­patched to the Sec­ret­ary of State. So the min­is­ter was only ever presen­ted with was a sum­mary of a sum­mary of a sum­mary of a sum­mary of the ori­gin­al intel­li­gence case.

8. Addi­tion­ally, the ori­gin­al intel­li­gence case could be erro­neous and mis­lead­ing. The pro­cess of writ­ing the war­rant applic­a­tion was merely a tick box exer­cise, and officers would routinely note that such intel­li­gence could only be obtained by such intrus­ive meth­ods, rather than explor­ing all open source options first. The reval­id­a­tion pro­cess could be even more cavalier.

9. When prob­lems with this sys­tem were voiced, officers were told to not rock the boat and just fol­low orders. Dur­ing the annu­al vis­it by the Intel­li­gence Inter­cept Com­mis­sion­er, those with con­cerns were banned from meet­ing him.

10. Thus I have con­cerns about the real­ist­ic power of the over­sight pro­vi­sions writ­ten into this Bill and would urge an addi­tion­al pro­vi­sion. This would estab­lish an effect­ive chan­nel whereby officers with con­cerns can give evid­ence dir­ectly and in con­fid­ence to the Invest­ig­at­ory Powers Com­mis­sion­er in the expect­a­tion that a prop­er invest­ig­a­tion will be con­duc­ted and with no reper­cus­sions to their careers inside the agen­cies. Here is a link to a short video I did for Oxford Uni­ver­sity three years ago out­lining these proposals:

11. This, in my view, would be a win-win scen­ario for all con­cerned. The agen­cies would have a chance to improve their work prac­tices, learn from mis­takes, and bet­ter pro­tect nation­al secur­ity, as well as avoid­ing the scan­dal and embar­rass­ment of any future whis­tleblow­ing scan­dals; the officers with eth­ic­al con­cerns would not be placed in the invi­di­ous pos­i­tion of either becom­ing com­pli­cit in poten­tially illeg­al acts by “just fol­low­ing orders” or risk­ing the loss of their careers and liberty by going pub­lic about their concerns.

12. I would also like to raise the pro­por­tion­al­ity issue. It strikes me that bulk inter­cept must surely be dis­pro­por­tion­ate with­in a func­tion­ing and free demo­cracy, and indeed can actu­ally harm nation­al secur­ity. Why? Because the use­ful, indeed cru­cial, intel­li­gence on tar­gets and their asso­ci­ates is lost in the tsunami of avail­able inform­a­tion. Indeed this seems to have been the con­clu­sion of every inquiry about the recent spate of “lone wolf” and ISIS-inspired attacks across the West – the tar­gets were all vaguely known to the author­it­ies but resources were spread too thinly.

13. In fact all that bulk col­lec­tion seems to provide is con­firm­a­tion after the fact of a sus­pect’s involve­ment in a spe­cif­ic incid­ent, which is surely spe­cific­ally police evid­en­tial work. Yet the jus­ti­fic­a­tion for the invas­ive inter­cept and inter­fer­ence meas­ures laid out in the Bill itself is to gath­er vital inform­a­tion ahead of an attack in order to pre­vent it – the very defin­i­tion of intel­li­gence. How is this pos­sible if the sheer scale of bulk col­lec­tion drowns out the vital nug­gets of intelligence?

14. Finally, I would like to raise the point that the phrase “nation­al secur­ity” has nev­er been defined for leg­al pur­poses in the UK. Surely this should be the very first step neces­sary before for­mu­lat­ing the pro­posed IP Bill? Until we have such a leg­al defin­i­tion, how can we for­mu­late new and intrus­ive laws in the name of pro­tect­ing an undefined and neb­u­lous concept, and how can we judge that the new law will thereby be pro­por­tion­ate with­in a democracy?

Jihadi John and MI5

So this week the mur­der­ous behead­er of the Islam­ic State, “Jihadi John”, has been unmasked.  His real iden­tity is appar­ently Mohammed Emwazi, born in Kuwait and now a Brit­ish cit­izen who was raised and edu­cated in west London

Much sound, fury and heated debate has been expen­ded over the last couple of days about how he became rad­ic­al­ised, who was to blame, with MI5 once more cast in the role of vil­lain. In such media sound-bite dis­cus­sions it is all too easy to fall into facile and polar­ised argu­ments. Let us try to break this down and reach a more nuanced  understanding.

First up is the now-notori­ous press con­fer­ence hos­ted by the cam­paign­ing group, Cage, in which the Research Dir­ect­or, Asim Qure­shi , claimed that MI5 har­ass­ment of Emwazi was the reas­on for his rad­ic­al­isa­tion. Emwazi had com­plained to Cage and appar­ently the Met­ro­pol­it­an Police that over the last six years MI5 had approached him and was pres­sur­ising him to work as an agent for them. Accord­ing to Cage, this har­ass­ment lead to Emwazi’s radicalisation.

Yet recruit­ment of such agents is a core MI5 func­tion, some­thing it used to do with sub­tlety and some suc­cess, by identi­fy­ing people with­in groups who poten­tially could be vul­ner­able to induce­ments or pres­sure to report back on tar­get organ­isa­tions.  In fact, Brit­ish intel­li­gence used to be much more focused on gath­er­ing “HUMINT”.  The very best intel­li­gence comes from an (ideally) will­ing but at least co-oper­at­ive human agent: they are mobile, they can gain the trust of and con­verse with tar­gets who may be wary of using elec­tron­ic com­mu­nic­a­tions, and they can be tasked to gath­er spe­cif­ic intel­li­gence rather than wait­ing for the lucky hit on intercept.

MI5 used to be good at this — spend­ing time to really invest­ig­ate and identi­fy the right recruit­ment tar­gets, with a con­sidered approach towards mak­ing the pitch.

How­ever, it appears since 9/11 and the start of the bru­tal “war on ter­ror” that two prob­lems have evolved, both of which ori­gin­ated in Amer­ica. Firstly, Brit­ish intel­li­gence seems to have fol­lowed their US coun­ter­parts down a mor­al hel­ter-skel­ter, becom­ing re-involved in counter-pro­duct­ive and bru­tal activ­it­ies such as kid­nap­ping, intern­ment and tor­ture. As MI5 had learned at least by the 1990s, such activ­it­ies inev­it­ably res­ult in blow-back, and can act as a recruit­ing drum to the ter­ror­ist cause of the day.

(Tan­gen­tially, the Home Office also instig­ated the Pre­vent pro­gramme — in concept to counter rad­ic­al Islam in vul­ner­able social com­munit­ies, but in prac­tice used and abused by the author­it­ies to intim­id­ate and coerce young Muslims in the UK.)

Secondly, Brit­ish intel­li­gence seems over the last dec­ade to have blindly fol­lowed the US spies down the path of pan­op­tic­an, drag-net elec­tron­ic sur­veil­lance.  All this has been long sus­pec­ted by a few, but con­firmed to the many by the dis­clos­ures of Edward Snowden over the last couple of years. Indeed it seems that GCHQ is not merely com­pli­cit but an act­ive facil­it­at­or and ena­bler of the NSA’s wilder ideas.  And what we now know is hor­rif­ic enough, yet it cur­rently remains just the tip of the iceberg.

This deluge of inform­a­tion cre­ates gar­gan­tu­an hay­stacks with­in which some genu­ine intel­li­gence needles might reside — to use the ter­min­o­logy of the spy agency cheer­lead­ers. How­ever, it con­cur­rently swamps the intel­li­gence agen­cies in use­less inform­a­tion, while also cer­tainly throw­ing up a per­cent­age of false-pos­it­ives.  Bear­ing in mind the sheer scale of the leg­ally dubi­ous snoop­ing, even a 0.001% of false pos­it­ives could poten­tially pro­duce thou­sands of erro­neous leads.

Curi­ous people now have a world of inform­a­tion at their fin­ger­tips. They may click on an intriguing link and find them­selves on a rad­ic­al web­site; even if they click out quickly, the pan­op­ticon will have logged their “interest”. Or they could donate money to an appar­ently legit­im­ate char­ity; “like” the wrong thing on Face­book; fol­low the wrong per­son on Twit­ter; have their email hacked, or whatever.…

The Big Broth­er Borg algorithms will crunch through all of this inform­a­tion pre­dict­ably and pre­dict­ively, with sub­tleties lost and mis­takes made. Mind you, that happened in a more lim­ited fash­ion too at the height of the Cold War sub­ver­sion para­noia in Bri­tain in the 1970s and 1980s, when school­boys writ­ing to the Com­mun­ist Party HQ for inform­a­tion for school pro­jects could end up with a MI5 file, and divor­cing couples could denounce each oth­er.  But at least, then, whole pop­u­la­tions were not under surveillance.

I think this may go some way towards explain­ing so many recent cases where “lone wolf” attack­ers around the world have been known to their nation­al intel­li­gence agen­cies and yet been left to roam free, either dis­coun­ted as too low level a threat in the flood of inform­a­tion or oth­er­wise sub­jec­ted to bungled recruit­ment approaches.

In the ana­logue era much time, research and thought would go into identi­fy­ing per­sons of interest, and more cru­cially how to approach a tar­get either for dis­rup­tion or recruit­ment.  I should think that the spy super-com­puters are now throw­ing up so many pos­sible leads that approaches are made in a more hur­ried, ill-informed and less con­sidered way.

And this can res­ult in cases such as Michael Ade­bolayo whom MI5 approached and allegedly har­assed years before he went on to murder Drum­mer Lee Rigby in Wool­wich in 2013. The same may well have happened with Mohammed Emwazi. Once someone has been tar­geted, they are going to feel para­noid and under sur­veil­lance, wheth­er rightly or wrongly, and this might res­ult in grow­ing resent­ment and push them into ever more extreme views.

How­ever, I would sug­gest that MI5 remains merely the tool, fol­low­ing the dir­ect­ives of the UK gov­ern­ment in response to the ever-expand­ing, ever-neb­u­lous war on ter­ror, just as MI6 fol­lowed the dir­ect­ives of the Blair gov­ern­ment in 2003 when it allowed its intel­li­gence to be politi­cised as a pre­text for an illeg­al war in Iraq. MI5 might be an occa­sion­al cata­lyst, but not the under­ly­ing cause of radicalisation.

Unfor­tu­nately, by immers­ing itself in the now-over­whelm­ing intel­li­gence detail, it appears to be miss­ing the big­ger pic­ture — just why are young Brit­ish people tak­ing an interest in the events of the Middle East, why are so many angry, why are so many drawn to rad­ic­al views and some drawn to extreme actions.

Surely the simplest way to under­stand their griev­ances is to listen to what the extrem­ist groups actu­ally say? Osama Bin Laden was clear in his views — he wanted US mil­it­ary bases out of Saudi Ara­bia and US med­dling across the Middle East gen­er­ally to stop; he also wanted a res­ol­u­tion to the Palestini­an conflict.

Jihadi John states in his ghastly snuff videos that he is met­ing out hor­ror to high­light the hor­rors daily inflic­ted across the Middle East by the US mil­it­ary — the bomb­ings, drone strikes, viol­ent death and mutilation.

To hear this and under­stand is not to be a sym­path­iser, but is vital if west­ern gov­ern­ments want to devel­op a more intel­li­gent, con­sidered and poten­tially more suc­cess­ful policies in response. Once you under­stand, you can nego­ti­ate, and that is the only sane way for­ward. Viol­ence used to counter viol­ence always escal­ates the situ­ation and every­one suffers.

The USA still needs to learn this les­son. The UK had learned it, res­ult­ing in the end of the war in North­ern Ire­land, but it now seems to have been for­got­ten. It is not rock­et sci­ence — even the former head of MI5, Lady Man­ning­ham-Buller, has said nego­ti­ation is the only suc­cess­ful long-term policy when deal­ing with terrorism.

Along with the UK, many oth­er European coun­tries have suc­cess­fully nego­ti­ated their way out of long-run­ning domest­ic ter­ror­ist cam­paigns. The tragedy for European coun­tries that have recently or will soon suf­fer the new mod­el of “lone wolf” atro­cit­ies, is that our gov­ern­ments are still in thrall to the failed US for­eign policy of “the war on ter­ror”, repeated daily in gory tech­ni­col­our across North Africa, the Middle East, cent­ral Asia, and now Ukraine.

Glob­al jihad is the inev­it­able response to USA glob­al expan­sion­ism, hege­mony and aggres­sion. As long as our gov­ern­ments and intel­li­gence agen­cies in Europe kow­tow to Amer­ic­an stra­tegic interests rather than pro­tect those of their own cit­izens, all our coun­tries will remain at risk.

Privacy as Innovation Interview

A recent inter­view I gave while in Stock­holm to the Pri­vacy as Innov­a­tion project:

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RT Breaking the Set — interview about spies with Abby Martin

Here’s my inter­view from yes­ter­day on RT’s excel­lent Break­ing the Set show with host, Abby Mar­tin.  We dis­cussed all things spy, sur­veil­lance, Snowden, over­sight, and pri­vacy.  A fun and lively inter­view!  Thanks, Abby.

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Keynote at international whistleblower conference, Amsterdam

With thanks to Free Press Unlim­ited, the Dutch Advice Centre for Whisteblowers, Net­work Demo­cracy,  and the Whis­tleblow­ing Inter­na­tion­al Net­work.

All these organ­isa­tions came togeth­er to hold an inter­na­tion­al con­fer­ence in sup­port of whis­tleblowers on 18th June in Amsterdam.

It was a cre­at­ive event, mix­ing up law­yers, journ­al­ists, tech­no­lo­gists and whis­tleblower sup­port net­works from around the world at an event with speeches and work­shops, in order for every­one to learn, share exper­i­ences, and devel­op new meth­od­o­lo­gies and best prac­tice to help cur­rent and future whistleblowers.

A stim­u­lat­ing and pro­duct­ive day, at which I did the open­ing keynote:

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ZDF TV interview at EMAF

Here is an inter­view I did for Ger­man nation­al TV, ZDF, while speak­ing at the European Media Art Fest­iv­al in Osnab­rueck in April:

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ZDF Kul­turzeit inter­view about EMAF from Annie Machon on Vimeo.

Oxford Union Society Debate

I recently had the pleas­ure of tak­ing part in a debate at the Oxford Uni­on Soci­ety.  I spoke to the pro­pos­i­tion that “this house believes Edward Snowden is a hero”, along with US journ­al­ist Chris Hedges, NSA whis­tleblower Bill Bin­ney, and former UK gov­ern­ment min­is­ter Chris Huhne.

The cham­ber was full and I am happy to report that we won the debate by 212 votes to 171, and that Oxford stu­dents do indeed see Edward Snowden as a hero.  Here is my speech:

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Oxford Uni­on Soci­ety Debate from Annie Machon on Vimeo.

Circumventing the Panopticon, Transmediale Berlin

Last month I was on a pan­el dis­cus­sion at the Ber­lin Trans­me­diale con­fer­ence with NSA whis­tleblower Bill Bin­ney, Chelsea Man­ning rap­por­teur Alexa O’Bri­an, and act­iv­ist Diani Bar­reto. Here is the link to the full two hour event, and here is my speech:

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Trans­me­diale, Ber­lin 2014 from Annie Machon on Vimeo.