Have British Spies been hacking the EU?

First pub­lished by Con­sor­ti­um News.

Just after mid­night on 16 August I was called by LBC in Lon­don for a com­ment on a break­ing story on the front page of The Daily Tele­graph about Brit­ish spies hack­ing the EU. Even though I had just retired to bed, the story was just too irres­ist­ible, but a radio inter­view is always too short to do justice to such a con­vo­luted tale. Here are some longer thoughts.

For those who can­not get past the Tele­graph pay wall, the gist is that that the EU has accused the Brit­ish intel­li­gence agen­cies of hack­ing the EU’s side of the nego­ti­ations. Appar­ently some highly sens­it­ive and neg­at­ive slides about the Brit­ish Prime Minister’s plan for Brexit, the Chequers Plan, had landed in the lap of the Brit­ish gov­ern­ment, which then lob­bied the EU to sup­press publication.

Of course, this could be a genu­ine leak from the Brus­sels sieve, as Brit­ish sources are claim­ing (well, they would say that, wouldn’t they?). How­ever, it is plaus­ible that this is the work of the spies, either by recruit­ing a paid-up agent well-placed with­in the Brus­sels bur­eau­cracy, or through elec­tron­ic surveillance.

Before dis­miss­ing the lat­ter option as con­spir­acy the­ory, the Brit­ish spies do have form. In the run up to the Iraq war in 2003, the USA and UK were des­per­ate to get a UN Secur­ity Coun­cil res­ol­u­tion to invade Iraq, thus provid­ing a fig leaf of appar­ent legit­im­acy to the illeg­al war. How­ever, some coun­tries with­in the UN had their doubts and the USA asked Britain’s listen­ing post, GCHQ, to step up its sur­veil­lance game. Fore­warned is fore­armed in del­ic­ate inter­na­tion­al negotiations.

How do we know this? A brave GCHQ whis­tleblower called Kath­er­ine Gun leaked the inform­a­tion to The Observ­er. For her pains, she was threatened with pro­sec­u­tion under the dra­coni­an terms of the UK’s 1989 Offi­cial Secrets Act, and faced two years in pris­on. The case was only dropped three weeks before her tri­al was due to begin, partly because of the feared pub­lic out­cry, but mainly because her law­yers threatened to use the leg­al defence of “neces­sity” – a defence won only three years before dur­ing the case of MI5 whis­tleblower, Dav­id Shayler. Tan­gen­tially, a film is this year being made about Gun’s story.

We also have con­firm­a­tion from one of the early 2013 Edward Snowden dis­clos­ures that GCHQ had hacked its way into the Bel­ga­com net­work – the nation­al tele­com­mu­nic­a­tions sup­pli­er in Bel­gi­um. Even back then there was an out­cry from the EU bod­ies, wor­ried that the UK (and by exten­sion its closest intel­li­gence buddy the USA), would gain lever­age with stolen knowledge.

So, yes, it is per­fectly feas­ible that the UK could have done this, even though it was illeg­al back in the day. GCHQ’s inces­tu­ous rela­tion­ship with the America’s NSA gives it massively great­er cap­ab­il­it­ies than oth­er European intel­li­gence agen­cies, and the EU knows this well, which is why is is con­cerned to retain access to the UK’s defence and secur­ity powers post-Brexit, and also why it has jumped to these con­clu­sions about hacking.

But that was then and this is now. On 1st Janu­ary 2017 the UK gov­ern­ment finally signed a law called the Invest­ig­at­ory Powers Act, gov­ern­ing the leg­al frame­work for GCHQ to snoop. The IPA gave GCHQ the most dra­coni­an and invas­ive powers of any west­ern demo­cracy. Oth­er­wise known in the Brit­ish media as the “snoop­ers’ charter”, it had been defeated in Par­lia­ment for years, but Theresa May, then Home Sec­ret­ary, pushed it through in the teeth of leg­al and civil soci­ety oppos­i­tion. This year the High Court ordered the UK gov­ern­ment to redraft the IPA as it is incom­pat­ible with European law.

The IPA leg­al­ised what GCHQ had pre­vi­ously been doing illeg­ally post‑9/11, includ­ing bulk metadata col­lec­tion, bulk data hack­ing, and bulk hack­ing of elec­tron­ic devices.

It also notion­ally gave the gov­ern­ment great­er over­sight of the spies’ actions, but these meas­ures remain weak and offer no pro­tec­tion if the spies choose to keep quiet about what they are doing. So if GCHQ did indeed hack the EU, it is feas­ible that the For­eign Sec­ret­ary and the Prime Min­is­ter remained ignor­ant of what was going on, des­pite being leg­ally required to sign off on such oper­a­tions. In which case the spies would be run­ning amok.

It is also feas­ible that they were indeed fully briefed and an argu­ment could be made that they would be cor­rect to do so. GCHQ and the oth­er spy agen­cies are required to pro­tect “nation­al secur­ity and the eco­nom­ic well-being” of Great Bri­tain, and I can cer­tainly see a strong argu­ment could be made that they were doing pre­cisely that, provided they had pri­or writ­ten per­mis­sion for such a sens­it­ive oper­a­tion, if they tried to get advance intel­li­gence about the EU’s Brexit strategy.

This argu­ment becomes even more power­ful when you con­sider the prob­lems around the fraught issue of the bor­der between North­ern Ire­land and Ire­land, an issue about which the EU is being par­tic­u­larly intransigent. If a deal is not made then the 1998 Good Fri­day Agree­ment could be under threat and civil war might again break out in North­ern Ire­land. You can­not get much more “nation­al secur­ity” than that and GCHQ would be jus­ti­fied in this work, provided it has acquired the neces­sary leg­al sign-offs from its polit­ic­al masters.

How­ever, these argu­ments will do noth­ing to appease the enraged EU offi­cials. No doubt the UK gov­ern­ment will con­tin­ue to state that this was a leak from a Brus­sels insider and oil will, pub­licly at least, be seen to have been poured on troubled dip­lo­mat­ic waters.

How­ever, behind the scenes this will mul­tiply the mutu­al suspicion,and will no doubt unleash a witch hunt through the cor­ridors of EU power, with top civil ser­vant Martin Sel­mayr (aka The Mon­ster) cast as Witchfind­er Gen­er­al. With him on your heels, you would have to be a very brave leak­er, whis­tleblower, or even paid-up agent work­ing for the Brits to take such a risk.

So, per­haps this is indeed a GCHQ hack. How­ever jus­ti­fi­able this might be under the leg­ally neb­u­lous concept of “nation­al secur­ity”, this will pois­on fur­ther the already tox­ic Brexit nego­ti­ations. As Angela Merkal fam­ously if dis­en­gen­ously said after the Snowden rev­el­a­tion that the USA had hacked her mobile phone: “no spy­ing among friends”. But per­haps this is an out­dated concept – nor has the EU exactly been entirely friendly to Brexit Britain.

I am just wait­ing for the first hys­ter­ic­al claim that it was the Rus­si­ans instead or, fail­ing them, former Trump strategist-in-chief, Steve Ban­non, reportedly cur­rently on a mis­sion to build a divis­ive Alt-Right Move­ment across Europe…..

Copyright used as proxy censorship of RT on Facebook

Here is an inter­view I did on RT yes­ter­day about the cen­sor­ship of the chan­nel’s Face­book page ahead of the pres­id­en­tial inaug­ur­a­tion today.

That cen­sor­ship has since been lif­ted.  In solid­ar­ity I shall be watch­ing the inaug­ur­a­tion cere­mony on RT — but not via the odi­ous Facebook!

Copy­right used as pre­text for cen­sor­ship of RT on Face­book from Annie Machon on Vimeo.

Perils of Censorship in the Digital Age

First pub­lished on RT OP-Edge.

The ripple effects of the Don­ald Trump elec­tion vic­tory in Amer­ica con­tin­ue to wash over many dif­fer­ent shorelines of pub­lic opin­ion, like so many mini-tsuna­mis hit­ting the Pacific rim over the last few last weeks.  The seis­mic changes have indeed been glob­al, and not least in Europe.

First up, the Euro­crats have been get­ting in a bit of a flap about the future of NATO, as I recently wrote.  In the past I have also writ­ten about the per­ceived “insider threat” - in oth­er words, whis­tleblowers — that has been wor­ry­ing gov­ern­ments and intel­li­gence agen­cies across the West­ern world.

Cur­rently the Twit­ter­sphere is light­ing up around the issue of “fake news”, with West­ern main­stream media (news pur­vey­ors of the utmost unsul­lied prob­ity, nat­ur­ally) blam­ing Trump’s unex­pec­ted vic­tory vari­ously on the US alt-media shock jocks, fake news trolls and bots, and sov­er­eign-state media out­lets such as the Rus­si­an RT and Sput­nik.

In the wake of US Demo­crat claims that Rus­sia was inter­fer­ing in the elec­tion pro­cess (not a prac­tice that the USA has ever engaged in in any oth­er coun­try around the world what­so­ever), we now have the US Green Party pres­id­en­tial can­did­ate appar­ently spon­tan­eously call­ing for recounts in three key swing-states in the USA.

The Ger­man gov­ern­ment has already expressed con­cern that such “fake” news might adversely influ­ence the almost inev­it­able re-elec­tion for a fourth term as Chan­cel­lor, Angela Merkel.  Des­pite hav­ing been pro­claimed the closest part­ner of the USA by Pres­id­ent Obama on his recent speed-dat­ing vis­it to Europe, and per­haps wary of the rising nation­al­ist anger (I hes­it­ate to write nation­al social­ist anger, but cer­tainly its ugly face is there too in the Ger­man crowd) Merkal is get­ting in an elect­or­al first strike.

At a slightly more wor­ry­ing level, the European Par­lia­ment on 23 Novem­ber voted for a res­ol­u­tion to counter “pro­pa­ganda” from Rus­sia — and incred­ibly equated that coun­try’s media with ter­ror­ist groups such as ISIS — the very organ­isa­tion that Rus­sia is cur­rently try­ing to help crush in Syr­ia and which the West and NATO are at least offi­cially opposed to.

Equat­ing the con­tent of licensed and net­worked media out­lets — how­ever much they may chal­lenge West­ern ortho­dox­ies — to the hor­rors of ISIS snuff videos seems to me to be wil­fully blind if not down­right and dan­ger­ously delu­sion­al. Or per­haps we should just call it pro­pa­ganda too?

Whatever happened to the rights of free­dom of expres­sion enshrined in the European Con­ven­tion of Human Rights? Or the concept that a plur­al­ity of opin­ion encour­ages a healthy democracy?

In Amer­ica too, we have had reports this week that Google and Face­book are cen­sor­ing alleged “fake” news.  This is the start of a very slip­pery slope. Soon any­one who dis­sents from the ortho­doxy will be deemed fake and dis­ap­pear into the cor­por­ate memory black hole.  Google in 2014 sug­ges­ted a pre­curs­or to this, the Know­ledge Vault, a search sys­tem that would pro­mote approved web­sites and dis­ap­pear those deemed inac­cur­ate at least by Google algorithms. But who con­trols those?

Once again our cor­por­ate over­lords seem to be march­ing remark­ably in time — almost a lock step — with the mood of the polit­ic­al establishment.

So how did this all kick off? With remark­ably pres­ci­ent tim­ing, in Octo­ber the arch-neo­con­ser­vat­ive UK-based think tank, the Henry Jack­son Soci­ety, pub­lished a report entitled “Putin’s Use­ful Idi­ots: Bri­tain’s Right, Left and Rus­sia”. Well, at least it got its apo­strophes right, but much of the rest is just so much hate-filled bile against those who call out the failed Wash­ing­ton Consensus.

The Henry Jack­son Soci­ety is an odi­ous organ­isa­tion that was foun­ded in Cam­bridge elev­en years ago. One of its ini­tial sig­nat­or­ies was Sir Richard Dear­love, former head of the UK’s for­eign intel­li­gence agency MI6, and of some per­son­al notori­ety for ped­dling the lies about Iraq’s weapons of mass destruc­tion that took the UK into the dis­astrous and illeg­al Iraq war in 2003, as well as feed­ing in the fake intel­li­gence about Iraq try­ing to acquire urani­um from Niger that US Sec­ret­ary of State Colin Pow­ell used as a jus­ti­fic­a­tion for the same war at the United Nations.

Des­pite all this, he remains hap­pily retired, bloated with hon­ours, while at the same time threat­en­ing the Brit­ish estab­lish­ment with his full mem­oirs to posthum­ously pre­serve his repu­ta­tion and avoid pro­sec­u­tion for a breach of the Offi­cial Secrets Act, as I have writ­ten before.

The Henry Jack­son Soci­ety has also fol­ded into itself an organ­isa­tion called the Centre for Social Cohe­sion — appar­ently estab­lished to build bet­ter integ­ra­tion for the Muslim com­munity in the UK, but which for the last dec­ade has done noth­ing but stir up Islamo­pho­bia. As oth­ers have writ­ten, the phrase “mod­ern McCarthy­ites” might not be stretch­ing this concept too far. And now it seems to be turn­ing its ire against Rus­sia.

Its emphas­is has been unre­lent­ingly anti-Islam for many years, so it was inter­est­ing that this estab­lish­ment-embed­ded Soci­ety had a fully-formed report about the renewed Red Men­ace sub­vert­ing our West­ern media just ready and wait­ing to be pub­lished ahead of the US elections.

So where does this all leave us?

It may well be that Face­book will begin to dis­ap­pear so-called fake news — which could have reper­cus­sions for all the act­iv­ist groups that, against all advice and com­mon sense, con­tin­ue to offer up their plans/organise events on that medium.

We may see the same cen­sor­ship on Google, as well as dis­sid­ent web­sites dis­ap­pear­ing down the pro­posed memory-hole of the Know­ledge Vault. Sure, such pages may be recor­ded on sites like the Way­Back Machine et al, but who really searches through that reflex­ively? Most us us don’t even get through the first page of Google hits any­way. In our digit­al age, this will make the 20th cen­tury prac­tice of your ana­logue dic­tat­or — the air­brush­ing of polit­ic­al oppon­ents out of his­tory — look pos­it­ively quaint.

But, just as the Guten­berg Press was a rad­ic­al innov­a­tion in the 15th cen­tury that led to a rap­id spread of writ­ten ideas and the res­ult­ing cen­sor­ship, repres­sion and a thriv­ing under­ground media, so the the cur­rent crack­down will lead to the same push-back.

Then we have to con­sider the poten­tial cen­sor­ship of state-owned news out­lets such as RT, the Chinese CCTV, and the Ira­ni­an Press TV. Where will that leave oth­er state-owned organ­isa­tions such as the BBC, RAI and oth­er inter­na­tion­al Euro-broad­casters? Oh, of course, they are part of the West­ern media club, so it’s all hun­key-dorey and busi­ness as usual.

But this can be a two-sided fight — only two months ago RT’s UK bankers, the state-owned Nat West Bank, announced that they were going to shut down the chan­nel’s UK accounts, with no reas­on or redress. I gath­er that a sim­il­ar threat was then issued against the BBC in Rus­sia, and the case was quietly dropped.

Over the last 20 years I have been inter­viewed by hun­dreds of major media out­lets across Europe, many of them state-owned.  How­ever, it is only when I appear on RT​.com that I am accused of sup­port­ing a state-pro­pa­ganda out­let, of being a use­ful idi­ot — and this has become increas­ingly marked over the last couple of years.

All these meas­ures smack of an ill-informed and out-of-touch pan­ic reac­tion by a hitherto com­pla­cent estab­lish­ment. Before they attempt to air­brush his­tory, we need to remem­ber that his­tory teaches some use­ful les­sons about such elit­ist crack­downs: they nev­er end well for anyone.

The US Election

No doubt you, as well as I, have been watch­ing the 2016 USA pres­id­en­tial elec­tion with a sense of appalled fas­cin­a­tion — has ever a cam­paign been fought so viciously in mod­ern West­ern politics?

But the Amer­ic­ans have made their choice (between the dev­il and the deep blue sea), and will have to live with it. I hope it works out well for them.

How­ever, my focus is more on the implic­a­tions for the rest of the world. As a post-Brexit Brit based in Brus­sels, these are many-layered.

From the Brexit per­spect­ive the Trump vic­tory could be good for the UK — he appears to be more sym­path­et­ic to the so-called “spe­cial rela­tion­ship” than Obama.  He is also prob­ably more likely to try to cut deals with Rus­sia over Ukraine and the ongo­ing war in Syr­ia than the ultra-hawk­ish Hil­lary Clin­ton could ever bring her­self to do.

This can only be good for Europe, as the sanc­tions put in place after the US-backed Ukraine coup in 2014 are hurt­ing European trade.  Yet again, Europe has been caught between Rus­sia and the USA.

Also, let us not for­get the infam­ous quote from Assist­ant Sec­ret­ary of State, Vic­tor­ia Nuland, who said in 2014 “fuck the EU”, when it came to decision mak­ing in plan­ning the Ukrain­i­an coup.

But my main point is the European estab­lish­ment’s response to the Trump pres­id­en­tial vic­tory. And let us not deceive ourselves here — this was an emphat­ic vic­tory. The Amer­ic­an people wanted a can­did­ate for change, for a push-back against the per­ceived Wash­ing­ton polit­ic­al élite.

Per­haps the elec­tion could have swung in anoth­er dir­ec­tion towards anoth­er can­did­ate for change — if Bernie Sanders had been the Demo­crat nom­in­ee.  Alas, as we know from the DNC files leaked to and pub­lished by Wikileaks, his cam­paign was under­mined by his own party in favour of Hil­lary Clin­ton, while pro­mot­ing Trump as the Repub­lic­an can­did­ate that Clin­ton could beat.

Hillary_Clinton_Pant_Suits_2016Hubris is nev­er a good look, just like “pant” suits.

What pains me most is the European main­stream medi­a’s report­ing of Trump’s vic­tory: “lib­er­al demo­cracy” is under threat no less, and pop­u­lism is on the rise.

How­ever, those most wor­ried about “lib­er­al demo­cracy” tend to be the tech­no­crat­ic Euro­crats such as European Coun­cil Pres­id­ent Don­ald Tusk and European Com­mis­sion Pres­id­ent Jean-Claude Jun­ck­er.  And they are the very people try­ing to ram through the thor­oughly *neo*-liberal agen­das of CETA and  the Trans-Atlantic Trade Invest­ment Part­ner­ship — oth­er­wise known as TTIP, widely res­isted across Europe as a rape of our democracies.

TTIP, if passed, would elim­in­ate any mean­ing­ful nation­al sov­er­eignty, repla­cing it with a glob­al cor­por­at­ist hege­mony that could sue our nation­al gov­ern­ments if they passed laws that could con­ceiv­ably — some­time in the future — pass laws that could — con­ceiv­ably in the future — inhib­it the profit-mak­ing cap­ab­il­it­ies of the corporations.

That, and nation­al asset-strip­ping, is the pure defin­i­tion of neo-lib­er­al­ism, and that is what our European over­lords want to enact.  Yet, at the same time, they are inveigh­ing against the death of “lib­er­al demo­cracy” after the elec­tion of Don­ald Trump.

Am I miss­ing some­thing here?

Privacy as Innovation Interview

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

privacy_innovation

New German spy scandal — RT interview

As a second Ger­man intel­li­gence officer was arres­ted for spy­ing for the Amer­ic­ans, here’s my recent RT inter­view on the sub­ject, plus much more:

RT_Interview_09_07_14

Voice of Russia radio interview about spies, oversight, whistleblowers, and Snowden.

Here is an inter­view I did for Voice of Rus­sia radio in Lon­don last week about spies and their rela­tion­ship with our demo­crat­ic pro­cesses, over­sight, Edward Snowden and much more:

Voice of Rus­sia radio inter­view from Annie Machon on Vimeo.

RT interview about new EU data protection measures

Here is a quick inter­view I did about the EU’s new data pro­tec­tion meas­ures, laws that will have to be imple­men­ted in the wake of Edward Snowden’s dis­clos­ures about endem­ic NSA surveillance:

This is an excel­lent example of how whis­tleblowers con­tin­ue to make a pos­it­ive con­tri­bu­tion to society.

LIBE whistleblower hearing at the European Parliament

This week I was invited to give a state­ment to the LIBE Com­mit­tee at the European Par­lia­ment about whis­tleblow­ing and the NSA mass sur­veil­lance scandal.

I was in good com­pany: ex-NSA Tom Drake, ex-Depart­ment of Justice Jes­selyn Radack, and ex-NSA Kirk Wiebe. As well as describ­ing the prob­lems we had faced as intel­li­gence whis­tleblowers, we also sug­ges­ted some pos­sible solutions.

We were well received, even to the extent of an ova­tion from the nor­mally reti­cent MEPs.  We also all did vari­ous inter­views for TV dur­ing the day, but this is the only one I have tracked down so far.

Here is the video:

EU Par­lia­ment LIBE Inquiry on Elec­tron­ic Mass Sur­veil­lance of EU Cit­izens from Annie Machon on Vimeo.