Club of Amsterdam

Last week I had the pleas­ure of speak­ing at the Club of Ams­ter­dam.  The topic under dis­cus­sion was “The future of digital iden­tity”.  Many thanks to Felix and the team. A lively even­ing.

Annie Machon at the Club of Ams­ter­dam from Annie Machon on Vimeo.
First pub­lished in my news­let­ter last week, amongst much else. Do sign up!

Anonymous Interventions

Another RT inter­view today, dis­cuss­ing the take-down of many Israeli web­sites by hackt­iv­ist group, Anonymous:

Israel Hacked — Anonym­ous assault act of protest, not ter­ror from Annie Machon on Vimeo.

The motiv­a­tion behind the protest, as pos­ted by Anonym­ous, stated to the Israeli gov­ern­ment: “You have NOT stopped your end­less human right viol­a­tions. You have NOT stopped illegal set­tle­ments. You have NOT respec­ted the cease­fire. You have shown that you do NOT respect inter­na­tional law.

Talk at the Icelandic Centre for Investigative Journalism

Wikileaks spokes­man, Kris­tinn Hrafns­son, invited me to speak at the Icelandic Centre for Invest­ig­at­ive Journ­al­ism while I was in Ice­land in February.

While focus­ing on the inter­sec­tion and con­trol between intel­li­gence and the media, my talk also explores many of my other cur­rent areas of interest.

Ice­land Journ­al­ists talk 2013 from Annie Machon on Vimeo.

UK Anonymous Radio Interview

Here’s the link to my inter­view tonight on UK Anonym­ous Radio — I had a great time and found it a fun, wide-ranging, and stim­u­lat­ing hour.  I hope you do too.  So, thank you Anonymous.

And also thank you to Kim Dot­com set­ting up the new file-sharing site, Mega, which replaces his illegally-taken-down global site, MegaUp­load.  I have some­where safe, I think, to store my interviews!

What a sham­bolic dis­grace that MegaUp­load raid was, and what a clas­sic example of the global cor­por­at­ist agenda that I dis­cuss in the interview.

I do love geeks.

The FISA/Echelon Panopticon

A recent inter­view with James Corbett of the Corbett Report on Global Research TV dis­cuss­ing issues such as FISA, Ech­elon, and our cul­tural “groom­ing” by the bur­geon­ing sur­veil­lance state:

The End of Privacy and Freedom of Thought?

I saw this chilling report in my Twit­ter feed today (thanks @Asher_Wolf): Tel­stra is imple­ment­ing deep packet inspec­tion tech­no­logy to throttle peer to peer shar­ing over the internet.

Des­pite being a clas­si­cist not a geek by train­ing, this sounds like I know what I’m talk­ing about, right?  Well some­what to my own sur­prise, I do, after years of expos­ure to the “hackt­iv­ist” ethos and a grow­ing aware­ness that geeks may our last line of defence against the cor­por­at­ists.  In fact, I recently did an inter­view on The Keiser Report about the “war on the internet”.

Offi­cially, Tel­stra is imple­ment­ing this cap­ab­il­ity to pro­tect those fra­gile busi­ness flowers (surely “broken busi­ness mod­els” — Ed) within the enter­tain­ment and copy­right indus­tries — you know, the com­pan­ies who pimp out cre­at­ive artists, pay most of them a pit­tance while keep­ing the bulk of the loot for them­selves, and then whine about how P2P file shar­ing and the cir­cu­la­tion and enjoy­ment of the artists’ work is theft?

But who, ser­i­ously, thinks that such tech­no­logy, once developed, will not be used and abused by all and sun­dry, down to and includ­ing our bur­geon­ing police state appar­atus? If the secur­ity forces can use any tool, no mat­ter how sor­did, they will do so, as has been recently repor­ted with the UK under­cover cops assum­ing the iden­tit­ies of dead chil­dren in order to infilt­rate peace­ful protest groups.

Writer and act­iv­ist, Cory Doc­torow, summed this prob­lem up best in an excel­lent talk at the CCC hack­er­fest in Ber­lin in 2011:

The shred­ding of any notion of pri­vacy will also have a chilling effect not only on the pri­vacy of our com­mu­nic­a­tions, but will also res­ult in our begin­ning to self-censor the inform­a­tion we ingest for fear of sur­veil­lance (Nazi book burn­ings are so 20th Cen­tury).  It will, inev­it­ably, also lead us to self-censor what we say and what we write, which will slide us into an Orwellian dysto­pia faster than we could say “Aaron Swartz”.

As Columbian Pro­fessor of Law, Eben Moglen, said so elo­quently last year at another event in Ber­lin — “free­dom of thought requires free media”:

Two of my favour­ite talks, still freely avail­able on the inter­net. Enjoy.

The Keiser Report — my recent interview

My recent inter­view on Max Keiser’s excel­lent RT show, The Keiser Report, appar­ently now the most watched Eng­lish lan­guage news com­ment­ary show across the world.

We were dis­cuss­ing such happy sub­jects as the war on ter­ror, the war on drugs, but pre­dom­in­antly the war on the internet:

Asymmetric Extradition — the American Way

Pub­lished in the Huff­ing­ton Post UK, The Real News Net­work, and Inform­a­tion Clear­ing House

I blame my part­ner. There I was hav­ing a per­fectly nice day off, poot­ling my way through the Sunday news­pa­pers and find­ing such intriguing art­icles about the fact that Bri­tain has invaded all but 22 coun­tries around the world over the cen­tur­ies (France is the second most pro­lific invader but also has the dubi­ous dis­tinc­tion of being the coun­try most invaded by Bri­tain, apparently).

Then he has to go and say “well, if the US ignores other coun­tries’ laws, why should we be sub­ject to theirs?”. This post is the unavoid­able result.

I had made the tac­tical blun­der of shar­ing two art­icles with him.  The first was an excel­lent inter­view in today’s Inde­pend­ent with news supremo and fin­an­cial sub­vers­ive, Max Keiser; the second was an art­icle I found in my Twit­ter stream from the indefatig­able Julia O’Dwyer about her son’s ongo­ing legal fight in the UK.

The con­nec­tion?  Unfor­tu­nately and rather inev­it­ably these days — extradition.

Richard O’Dwyer is the Shef­field stu­dent who is cur­rently wanted by the USA on copy­right infringe­ment charges.  Using a bit of old-fashioned get-up-and-go, he set up a web­site called tvshack​.com, which appar­ently acted as a sign-posting ser­vice to web­sites where people could down­load media.  Put­ting aside the simple argu­ment that the ser­vice he provided was no dif­fer­ent from Google, he also had no copy­righted mater­ial hos­ted on his website.

Richard has lived all his life in the UK, and he set up his web­site there.  Under UK law he had com­mit­ted no crime.

How­ever, the Amer­ican author­it­ies thought dif­fer­ently.  O’Dwyer had registered his web­site as a .com and the US now claims that any web­site, any­where in the world, using a US-originated domain name (com/org/info/net etc) is sub­ject to US law, thus allow­ing the Amer­ican gov­ern­ment to glob­al­ise their legal hege­mony. The most notori­ous recent case was the illegal US intel­li­gence oper­a­tion to take down Megaup­load and arrest Kim Dot­com in New Zea­l­and earlier this year.

This has already res­ul­ted in for­eign web­sites that attract the wrath of the US author­it­ies being taken down, with no warn­ing and no due pro­cess. This is the cyber equi­val­ent of drone war­fare and the presidentially-approved CIA kill list.

As a res­ult, not only was O’Dwyer’s web­site sum­mar­ily taken down, he is now facing extra­di­tion to the US and a 10 year stretch in a max­imum secur­ity prison.  All for some­thing that is not even a crime under UK law.  His case echoes the ter­rible 10-year ordeal that Gary McKin­non went through, and high­lights the appalling prob­lems inher­ent in the invi­di­ous, one-sided UK/USA Extra­di­tion Act.

So how does this link to the Max Keiser inter­view? Read­ing it reminded my of an invest­ig­a­tion Keiser did a few years ago into the extraordin­ary rendi­tion of a “ter­ror­ist sus­pect”, Abu Omar, from Italy to Egypt where he was inev­it­ably, hor­rific­ally tor­tured.  Since then, 23 CIA officers have now been tried under Italian law and found guilty of his kid­nap­ping (let’s not mince our words here).  The Milan Head of Sta­tion, Robert Lady is now wanted in Italy to serve his 9-year sen­tence, but the US gov­ern­ment has refused to extra­dite him.

So let’s just reit­er­ate this: on the one hand, the US demands EU cit­izens on sus­pi­cion that they may have com­mit­ted a cyber-crime accord­ing to the diktats of Amer­ican law, which we are all now sup­posed to agree has a glob­al­ised reach; on the other hand, US cit­izens who have already been con­victed by the due legal pro­cess of other West­ern demo­cra­cies are not handed over to serve their sen­tences for appalling crimes involving kid­nap­ping and torture.

I have writ­ten at length about America’s asym­met­ric extra­di­tion laws, but this is tak­ing the sys­tem to new heights of hypocrisy.

Just why, indeed, should European coun­tries reli­giously obey America’s self-styled global legal domin­ion and hand over its cit­izens, pre­sumed inno­cent until proven guilty, to the bru­tal and dis­pro­por­tion­ate US legal sys­tem?  Espe­cially when the US brushes aside the due legal pro­cesses of other demo­cra­cies and refuses to extra­dite con­victed felons?

It appears that the USA is in a hurry to reach and breach Britain’s record for for­eign inva­sions. But in addi­tion to old-fashioned mil­it­ary incur­sions, Amer­ica is also going for full-spectrum legal dominance.

A new threat to media freedoms

Writers of the world, beware.  A new threat to our free­dom of speech is loom­ing and, for once, I am not inveigh­ing against the Offi­cial Secrets Act.  

Over recent years the UK has rightly earned a pun­gent repu­ta­tion as the libel cap­ital of the world. And now it appears that this won­der­ful prac­tice is going “offshore”.

How did this whole mess begin?  It turned out that someone in the Middle East could take excep­tion to a book writ­ten and pub­lished about them in the USA.   US law, some­what sur­pris­ingly con­sid­er­ing its cur­rent par­lous state, provided no route to sue.   How­ever, some bright legal spark decided that the UK courts could be used for redress, provided the offend­ing book had been sold in the UK — even if only a hand­ful of second-hand books had been sold over Amazon​.co​.uk — and Mr Justice Eady helped the pro­cess along magnificently.  

And so was born the concept of “libel tour­ism”.  Satir­ical cur­rent affairs magazine Private Eye has long been cam­paign­ing against this, other UK news out­lets gradu­ally fol­lowed suit, and the UK gov­ern­ment is finally tak­ing steps to rein in these egre­gious, if luc­rat­ive, legal practices.  

3_wise_monkeysBut, hey, that’s pre­cisely when your off­shore crown depend­en­cies, oth­er­wise known as Brit­ish tax havens, come into their own.  The UK has for years turned a blind eye to the dubi­ous fin­an­cial prac­tices of these islands, the most geo­graph­ic­ally con­veni­ent being the Chan­nel Islands and the Isle of Man, where the atti­tude to self-regulation makes the prac­tices of the Square Mile look pos­it­ively Vestal.

Now it appears that Guern­sey is look­ing to become a hub of another luc­rat­ive off­shore prac­tice: libel tourism.  

Guern­sey has its own par­lia­ment — the States —  and can make its own laws.  So as the libel door closes on the UK main­land, a firm of off­shore tax law­yers has iden­ti­fied a won­der­ful busi­ness opportunity. 

Jason Romer is the man­aging part­ner and intel­lec­tual prop­erty spe­cial­ist at the large “wealth man­age­ment” legal firm Col­las Crill.  Accord­ing to his firm’s web­site, he also, coin­cid­ent­ally, sits on the island’s Com­mer­cial IP Steer­ing Group and the Draft­ing Sub-Committee, and is thus con­veni­ently on hand to steer the new legis­la­tion through the States.

Hogarth_judgeAlso coin­cid­ent­ally, he appears to be an enthu­si­astic advoc­ate of Eady’s infam­ous “super-injunction” régime which has had such a chillingly expens­ive effect on the Brit­ish media in the last decade.

So, if this law is passed, any­one, any­where around the world will be able (if they can afford it) to register their “image rights” in Guern­sey.  These rights can even last indef­in­itely after the ori­ginal owner’s death.

This means that any­one, any­where, who feels that their “image” has been inap­pro­pri­ately reproduced/copied/pirated — the cor­rect legal ter­min­o­logy is hazy —  can then sue through the Guern­sey courts for redress.  This could poten­tially be a power­ful new global tool for the sup­pres­sion of free speech.  As pub­lic out­cry swells inter­na­tion­ally against the US IP laws, SOPA and PIPA, and across Europe against the utterly undemo­cratic ACTA, this new law is a giant leap pre­cisely in the wrong direction.  

Guern­sey, my island of birth, has changed out of all recog­ni­tion over the last thirty years.  Ever since the 1980s infest­a­tion of off­shore bankers and trust fund law­yers, it has been tarmac-ed over by greed and social divi­sion. Before then it was proud of its egal­it­ari­an­ism, Norman-French her­it­age, beau­ti­fully ana­chron­istic pace of life, and an eco­nomy based on toma­toes and tourism.

Now, if this law is passed, it will be known for its eco­nomy based on rot­ten fin­an­cial apples and off­shore libel tourism.

I just wanted to get that out of my sys­tem now — while I can still freely express my thoughts and before the island can sue me for dam­aging its “image rights”.…