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.
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.
Here’s a recent interview I did for BBC World about the three top British spies deigning, for the first time ever, to be publicly questioned by the Intelligence and Security Committee in parliament, which has a notional oversight role:
It subsequently emerged that they only agreed to appear if they were told the questions in advance. So much for this already incredibly limited oversight capability in a notional Western democracy.….
On the day the UK spy chiefs were called to account for the first time by the Intelligence and Security Committee in the British parliament:
A recent interview on BBC World Service radio, on “World Have Your Say”. An interesting debate with some other former intelligence types:
Here’s my interview on RT about the failure of political oversight of the spies in the UK and US:
RT: Snowden files reveal spy agency’s efforts to escape legal challenge from Annie Machon on Vimeo.
Also posted on www.maxkeiser.com.
First published by RT Op-Edge.
Sir Andrew Parker, the recently elevated Director General of the UK’s domestic security Service (MI5) yesterday made both his first public speech and a superficially robust defence of the work of the intelligence agencies. Reading from the outside, it sounds all patriotic and noble.
And who is to say that Parker does not believe this after 30 years on the inside and the MI5 groupthink mentality being what it is? Let’s give him the benefit of the doubt. However, I have two problems with his speech, on both a micro and a macro scale.
Let’s start with the micro — ie the devil in the detail — what is said and, crucially, what is left unsaid. First up: oversight, which the spook apologists have dwelt on at great length over the last few months.
I wrote about this last week, but here’s some of that devilish detail. Parker correctly explains what the mechanisms are for oversight within MI5: the Home Office warrants for otherwise illegal activities such as bugging; the oversight commissioners; the Complaints Tribunal; the Intelligence and Security Committee in Parliament. This all sounds pretty reasonable for a democracy, right?
Of course, what he neglects to mention is how these systems can be gamed by the spies.
The application for warrants is a tick-box exercise where basic legal requirements can be by-passed, the authorising minister only ever sees a summary of a summary.… ad infinitum.… for signature, and never declines a request in case something literally blows up further down the line.
Sure, there are independent commissioners who oversee MI5 and its surveillance work every year and write a report. But as I have written before, they are given the royal treatment during their annual visit to Thames House, and officers with concerns about the abuse of the warrantry system are barred from meeting them. Plus, even these anodyne reports can highlight an alarming number of “administrative errors” made by the spies, no doubt entirely without malice.
The complaints tribunal — the body to which we can make a complaint if we feel we have been unnecessarily spied on, has always found in favour of the spies.
And finally, the pièce de résistance, so to speak: the Intelligence and Security Committee in parliament. How many times do I have to write this? Top cops and Parker’s spy predecessors have admitted to lying successfully to the ISC for many years. This is not meaningful oversight, nor is the fact that the evidence of earlier major intelligence whistleblowers was ignored by the ISC, except for the part where they might be under investigation by MI5 themselves.…
Of course, the current Chair of the ISC, Sir Malcom Rifkind, has entered the lists this summer to say that the ISC has just acquired new powers and can now go into the spies’ lairs, demand to see papers, and oversee operational activities. This is indeed good, if belated, news, but from a man who has already cleared GCHQ’s endemic data-mining as lawful, one has to wonder how thorough he will be.
While the committee remains chosen by the PM, answerable only to the PM, who can also vet the findings, this committee is irredeemably undemocratic. It will remain full of credulous yes-men only too happy to support the status quo.
Secondly, what are the threats that Parker talks about? He has worked for MI5 for 30 years and will therefore remember not only the Cold War era, where Soviet spies were hunted down, but also the very real and pervasive threat of IRA bombs regularly exploding on UK streets. At the same time hundreds of thousands of politically active UK citizens were aggressively investigated. A (cold) war and the threat of terrorism allowed the spies a drag-net of surveillance even then.
How much worse now, in this hyper-connected, data-mining era? One chilling phrase that leapt out at me from Parker’s speech was the need to investigate “terrorists and others threatening national security”. National security has never been legally defined for the purposes of UK law, and we see the goal posts move again and again. In the 1980s, when Parker joined MI5, it was the “reds under the bed”, the so-called subversives. Now it can be the Occupy group encamped in the City of London or environmental activists waving placards.
So now for my macro concerns, which are about wider concepts. Parker used his first public speech to defend not only the work of his own organisation, but also to attack the whistleblowing efforts of Edward Snowden and the coverage in The Guardian newspaper. He attempts to seamlessly elide the work and the oversight models of MI5 and GCHQ. And who is falling for this? Well, much of the UK media apparently.
This muddies the waters. The concerns about Snowden’s disclosures are global — the TEMPORA project affects not only the citizens of the UK but people across Europe and beyond. For Rifkind or the Foreign Secretary to complacently say that GCHQ is overseen by them and everything is hunkey-dorey is just not good enough, even for the hapless citizens of the UK. How much more so for those unrepresented people across the world?
The IOCA (1985) and later and much-abused RIPA (2000) laws were written before the UK government could have conceived of the sheer scale of the internet. They are way out of date — 20th century rolling omnibus warrants hoovering up every scrap of data and being stored for unknown times in case you might commit a (thought?) crime in the future. This is nothing like meaningful oversight.
Unlike the UK, even the USA is currently having congressional hearings and media debates about the limits of the electronic surveillance programme. Considering America’s muscular response after 9/11, with illegal invasions, drone strikes, CIA kill lists and extraordinary kidnappings (to this day), that casts the UK spy complacency in a particularly unflattering light.
Plus if 58,000 GCHQ documents have really been copied by a young NSA contractor, why are Parker and Rifkind not asking difficult questions of the American administration, rather than continuing to justify the antiquated British oversight system?
Finally, Parker is showing his age as well as his profession when he talks about the interwebs and all the implications. As I said during my statement to the LIBE committee in the European Parliament:
The disparity in response to Edward Snowden’s disclosures within the USA and the UK is astonishing. In the face of righteous public wrath, the US administration is contorting itself to ensure that it does not lose its treasured data-mining capabilities: congressional hearings are held, the media is on the warpath, and senior securocrats are being forced to admit that they have lied about the efficacy of endemic surveillance in preventing terrorism.
Just this week General Alexander, the head of the NSA with a long track record of
misleading lying to government, was forced to admit that the endemic surveillance programmes have only helped to foil a couple of terrorist plots. This is a big difference from the previous number of 54 that he was touting around.
Cue calls for the surveillance to be reined in, at least against Americans. In future such surveillance should be restricted to targeted individuals who are being actively investigated. Which is all well and good, but would still leave the rest of the global population living their lives under the baleful stare of the US panopticon. And if the capability continues to exist to watch the rest of the world, how can Americans be sure that the NSA et al won’t stealthily go back to watching them once the scandal has died down — or just ask their best buddies in GCHQ to do their dirty work for them?
I’m sure that the UK’s GCHQ will be happy to step into the breach. It is already partially funded by the NSA, to the tune of $100 million over the last few years; it has a long history of circumventing US constitutional rights to spy on US citizens (as foreigners), and then simply passing on this information to the grateful NSA, as we know from the old Echelon scandal; and it has far more legal leeway under British oversight laws. In fact, this is positively seen to be a selling point to the Americans from what we have seen in the Snowden disclosures.
GCHQ is absolutely correct in this assessment — the three primary UK intelligence agencies are the least accountable and most legally protected in any western democracy. Not only are they exempt from any real and meaningful oversight, they are also protected against disclosure by the draconian 1989 Official Secrets Act, designed specifically to criminalise whistleblowers, as well as having a raft of legislation to suppress media reporting should such disclosures emerge.
This might, indeed, be the reason that the UK media is not covering the Snowden disclosures more extensively — a self-censoring “D” Notice has been issued against the media, and The Guardian had its UK servers smashed up by the secret police. 1930s Germany, anyone?
Defenders of the status quo have already been out in force. Foreign Secretary William Hague, who is notionally responsible for GCHQ, said cosily that everything was legal and proportionate, and Sir Malcolm Rifkind, the current chair of the Intelligence and Security Committee in parliament last week staunchly declared that the ISC had investigated GCHQ and found that its data mining was all legal as it had ministerial approval.
Well that’s all OK then. Go back to sleep, citizens of the UK.
What Hague and Rifkind neglected to say was that the ministerial warrantry system was designed to target individual suspects, not whole populations. Plus, as the Foreign secretary in charge of MI6 at the time of the illegal assassination plot against Gaddafi in 1996, Rifkind of all people should know that the spies are “economical with the truth”.
In addition, as I’ve written before, many former top spies and police have admitted that they
misled lied to the ISC. Sure, Rifkind has managed to acquire some new powers of oversight for the ISC, but they are still too little and 20 years too late.
This mirrors what has been going on in the US over the last few years, with senior intelligence official after senior official being caught out lying to congressional committees. While in the UK statements to the ISC have to date not been made under oath, statements made to the US Congress are — so why on earth are apparent perjurers like Clapper and Alexander even still in a job, let alone not being prosecuted?
It appears that the US is learning well from its former colonial master about all things official secrecy, up to and including illegal operations that can be hushed up with the nebulous and legally undefined concept of “national security”, the use of fake intelligence to take us to war, and the persecution of whistleblowers.
Except the US has inevitably super-sized the war on whistleblowers. While in the UK we started out with the 1911 Official Secrets Act, under which traitors could be imprisoned for 14 years, in 1989 the law was amended to include whistleblowers — for which the penalty is 2 years on each charge.
The US, however, only has its hoary old Espionage Act dating back to 1917 and designed to prosecute traitors. With no updates and amendments, this is the act that is now rolled out to threaten modern whistleblowers working in the digital age. And the provisions can go as far as the death penalty.
President Obama and the US intelligence establishment are using this law to wage a war on whistleblowers. During his presidency he has tried to prosecute seven whistleblowers under this Espionage Act — more than all the previous presidents combined — and yet when real spies are caught, as in the case of the Russian Spy Ring in 2010, Obama was happy to cut a deal and send them home.
An even more stark example of double standards has emerged this August, when a leak apparently jeopardised an ongoing operation investigating a planned Al Qaeda attack against a US embassy in the Middle East. This leak has apparently caused immediate and quantifiable damage to the capabilities of the NSA in monitoring terrorism, and yet nobody has been held to account.
But, hey, why bother with a difficult investigation into leaking when you can go after the low-hanging fruit — otherwise known as principled whistleblowers who “out” themselves for the public good?
This to me indicates what the US intelligence infrastructure deems to be the real current issue — “the insider threat” who might reveal crucial information about state crimes to the world’s population.
And yet the US representatives still trot out the tired old lines about terrorism. Senator Lindsey Graham stated this week that the current level of endemic surveillance would have prevented 9/11. Well, no, as previous intelligence personnel have pointed out. Coleen Rowley — Time Person of the Year 2002 — is famous for highlighting that the US intelligence agencies had prior warning, they just didn’t join the dots. How much worse now would this process be with such a tsunami of data-mined intelligence?
In summary, it’s good to see at least a semblance of democratic oversight being played out in the USA, post-Snowden. It is a shame that such a democratic debate is not being held in the UK, which is now the key enabler of the USA’s chronic addiction to electronic surveillance.
However, I fear it is inevitably too little too late. As we have seen through history, the only protection against a slide towards totalitarianism is a free media that allows a free transfer of ideas between people without the need to self-censor. The global US military-security complex is embedded into the DNA of the internet. We cannot rely on the USA to voluntarily hand back the powers it has grabbed, we can only work around them as Brazil has suggested it will do, and as the EU is contemplating.
Other than that, responsibility for our privacy rests in our own hands.
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:
Below is some background material from my submission to the European Parliament’s LIBE Committee on the implications of the NSA scandal.
Here is a video link to the hearing.
LIBE Committee Inquiry on Electronic Mass Surveillance of EU Citizens, European Parliament, 30th September 2013
Annie Machon was an intelligence officer for the UK’s MI5 in the 1990s, before leaving to help blow the whistle on the crimes and incompetence of the British spy agencies. As a result she and her former partner had to go on the run around Europe, live in exile in France, face arrest and imprisonment, and watch as friends, family and journalists were arrested.
She is now a writer, media commentator, political campaigner, and international public speaker on a variety of related issues: the war on terrorism, the war on drugs, the war on whistleblowers, and the war on the internet. In 2012 she started as a Director of LEAP in Europe (www.leap.cc).
Annie has an MA (Hons) Classics from Cambridge University.
In the wake of the global impact of the ongoing Edward Snowden saga, a smaller but still important whistleblower story flared and faded last week in the UK media.
Peter Francis revealed that 20 years ago he had worked as an undercover cop in the Metropolitan Police Force’s secret Special Demonstrations Squad (SDS) section. In this role, Francis stated that he was tasked to dig up dirt with which the Met could discredit the family of murdered black teenager, Stephen Lawrence and thereby derail their campaign for a full and effective police investigation into his death. The Lawrence family correctly believed that the original investigation had been fumbled because of institutional police racism at that time.
The fact that secret police were posing as activists to infiltrate protest groups will come as no shock after the cascade of revelations about secret policemen in 2011, starting with DC Mark Kennedy/environmental activist “Mark Stone”. Kennedy was uncovered by his “fellow” activists, and nine more quickly emerged in the wake of that scandal. This has resulted in an enquiry into the shadowy activities of these most secret officers, accusations that the Crown Prosecution Service suppressed key evidence in criminal trials, and a slew of court cases brought by women whom these (predominantly male) police officers seduced.
But the disclosures of Peter Francis plumb new depths. In the wake of the Stephen Lawrence murder, many left-wing and anti-Nazi groups jumped on the bandwagon, organising demonstrations and provoking confrontations with the far-right British National Party. There was a clash near the BNP’s bookshop in south London in 1993. So, sure, the Met Police could potentially just about argue that the undercover officers were trying to gather advance intelligence to prevent public disorder and rioting, although the sheer scale of the operation was utterly disproportionate.
However, what is completely beyond the Pale is this apparent attempt to smear the traumatised family of a murder victim in order to derail their campaign for justice.
The role of undercover cops spying on their fellow citizens who are politically active is distasteful in a democracy. And the fact that, until the original scandal broke in 2011, the reconstituted SDS continued to target peace and environmental protest groups who offered no threat whatsoever to national security is disgraceful — it smacks of the Stasi in East Germany.
To make matters even worse, when details emerged two years ago, it became apparent that the SDS Version 2.0 was operating outside the formal hierarchy of the police, with what little democratic oversight that would provide. In fact, it emerged that the SDS been renamed the National Public Order Intelligence Unit (NPOIU) and had for years been the private fiefdom of a private limited company — the Association of Chief Police Officers (ACPO). Within a notional democracy, this is just gobsmacking.
So how did this mess evolve?
From the late 19th century the Metropolitan Police Special Branch investigated terrorism while MI5, established in 1909, was a counter-intelligence unit focusing on espionage and political “subversion”. The switch began in 1992 when Dame Stella Rimington, then head of MI5, effected a Whitehall coup and stole primacy for investigating Irish terrorism from the Met. As a result MI5 magically discovered that subversion was not such a threat after all – this revelation only three years after the Berlin Wall came down – and transferred all its staff over to the new, sexy counter-terrorism sections. Since then, MI5 has been eagerly building its counter-terrorism empire, despite this being more obviously evidential police work.
Special Branch was relegated to a supporting role, dabbling in organised crime and animal rights activists, but not terribly excited about either. Its prestige had been seriously dented. It also had a group of experienced undercover cops – known then to MI5 as the Special Duties Section – with time on their hands.
It should therefore come as little surprise that ACPO came up with the brilliant idea of using this skill-set against UK “domestic extremists”. It renamed the SDS as the NPOIU, which first focused primarily on potentially violent animal rights activists, but mission creep rapidly set in and the unit’s role expanded into peaceful protest groups. When this unaccountable unit was revealed it rightly caused an outcry, especially as the term “domestic extremist” is not recognised under UK law, and cannot legally be used as justification to aggressively invade an individual’s privacy because of their legitimate political beliefs and activism.
So, as the police become ever more spooky, what of MI5?
As I mentioned, they have been aggressively hoovering up the prestigious counter-terrorism work. But, despite what the Americans have hysterically asserted since 9/11, terrorism is not some unique form of “eviltude”. It is a crime – a hideous, shocking one, but still a crime that should be investigated, with evidence gathered, due process applied and the suspects on trial in front of a jury.
A mature democracy that respects human rights and the rule of law should not intern suspects or render them to secret prisons and torture them for years. And yet this is precisely what our spooks have been doing – particularly when colluding with their US counterparts.
Also, MI5 and MI6 have for years operated outside any realistic democratic oversight and control. Until this year, the remit of the Intelligence and Security Committee in Parliament has only covered the policy, administration and finance of the spies. Since the committee’s inception in 1994 it has repeatedly failed to meaningfully address more serious questions about the spies’ role, and has been repeatedly lied to by senior spies and police officers.
The spooks are effectively above the law, while at the same time protected by the draconian Official Secrets Act. This makes the abuses of the NPOIU seem almost quaint. So what to do? A good first step might be to have an informed discussion about the realistic threats to the UK. The police and spies huddle behind the protective phrase “national security”. But what does this mean?
The core idea should be safeguarding the nation’s integrity. A group of well-meaning environmental protesters should not even be on the radar. And, no matter how awful, the occasional terrorist attack is not an existential threat to the fabric of the nation in the way of, say, the planned Nazi invasion in 1940. Nor is it even close to the sustained bombing of government, infrastructure and military targets by the Provisional IRA in the 1970s-90s.
Only once we understand the real threats can we as a nation discuss the necessary steps to take to protect ourselves effectively; what measures should be taken, what liberties occasionally and legally compromised, and what democratic accountability exists to ensure that the security forces do not exceed their remit and work within the law.
It is only by going through this process that can we ensure such scandals as the secret police will remain firmly in the past. And in the wake not only of Peter Francis’s confessions but the sheer scale of the endemic electronic surveillance revealed by Edward Snowden, this long-overdue national debate becomes ever more necessary.
Following the awful murder of Drummer Lee Rigby in Woolwich last week, the political securocrats who claim to represent the interests of the British intelligence services have swung into action, demanding yet further surveillance powers for MI5 and MI6 “in order to prevent future Woolwich-style attacks”.
As I’ve written before, it was heartening that the UK Prime Minister said in the aftermath of the attack that there would be no knee-jerk security reaction. However, that has not deterred certain intelligence sock-puppets from political opportunism — they stridently call for the resurrection of the draft Communications Data Bill that was earlier this year kicked into the long grass. If the hawks are successful, the new law would have implications not only for our freedoms at home, but also for our policy and standing abroad.
Recently the civil liberties camp acquired a surprising ally in this debate, with MI5 unexpectedly entering the fray. And rightly so. There is absolutely no need for this new legislation, the requisite powers are already in place. Senior security sources have argued that those citing the Woolwich attack to promote the snoopers’ charter are using a “cheap argument”.
As I said in this recent BBC radio interview, all the necessary laws are already in place for MI5 either to passively monitor or aggressively investigate persons of interest under the original terms of IOCA (1985) and updated in the Regulation of Investigatory Powers Act (RIPA 2000).
There now appears to be little doubt that the two Woolwich suspects were well and truly on the MI5 radar. It has been reported that they had been targets for at least 8 years and that Michael Adebolajo had been approached to work as an agent by MI5 as recently as 6 months ago.
One of his friends, Abu Nusaybah, recorded an interview for BBC’s Newsnight programme last week, only to be arrested by counter-terrorism police immediately afterwards. He stated that Adebolajo had been tortured and threatened with rape after his arrest in Kenya en route to Somalia, and that this treatment may have flipped him into more violent action. Indeed, the tale gets ever murkier, with reports yesterday stating that Adebolajo was snatched by the SAS in Kenya on the orders of MI5.
Other information has since been released by the organisation CagePrisoners indicating that Adebolajo’s family and friends had also been harrassed to pressurize him into reporting to MI5.
All of which obviates the early claims that Adebolajo was either a “lone wolf” or a low-priority target. It certainly indicates to me that MI5 will have at the very least been monitoring Adebolajo’s communications data, especially if they were trying to recruit him as a source. If that indeed turns out to have been the case, then without doubt MI5 will also have been intercepting the content of his communications, to understand his thinking and assess his access. Anything less would have been slipshod — a dereliction of duty — and all this could and should have been done under the existing terms of RIPA.
So what are the chances of some real oversight or answers?
If we’re talking about an independent inquiry, the chances are slim: the Inquiries Act (2005) passed little noticed into law, but it means that the government and the department under investigation can pretty much determine the scope and terms of the inquiry to which they are subject.
However, might we nail the flag of hope to the mast of the Intelligence and Security Committee of Parliament (ISC) — the committee tasked with overseeing the work of the UK intelligence agencies? The new DG of MI5, Andrew Parker, has already submitted a written report about Woolwich and will be giving evidence to the ISC in person next week about whether MI5 missed some vital intelligence or dropped the ball.
Th ISC of Parliament was established as part of the Intelligence Services Act (1994) — the law that finally brought MI6 and GCHQ under the umbrella of notional democratic oversight. MI5 had already come into the legal fold with the Security Service Act (1989).
As I have written before, initially the ISC was a democratic fig-leaf — its members were appointed by the PM not Parliament, it reported directly to the PM, and its remit only covered the policy, finance and administration of the UK’s intelligence agencies.
Until this year the ISC could not investigate operational matters, nor could it demand to see documents or question top spooks under oath. Indeed, it has been well reported that senior spies and police have long evaded meaningful scrutiny by being “economical with the truth”.
Former MI5 DG Sir Stephen Lander in 2001 said “I blanche at some of the things I declined to tell the committee early on”; a more recent DG, Sir Jonathan Evans, had to admit in 2008 that MI5 had lied about its involvement in torture; and Lord Blair, former Commissioner of the Metropolitan Police, had to apologise in 2008 for misleading the ISC about the number of thwarted terrorist attacks on his watch.
However the current Chair of the ISC, Sir Malcom Rifkind, has pursued a more muscular oversight role. And it seems he has at least won some battles. The one good element to have come out of the contentious Justice and Security Act (2013) appears to be that the ISC has more direct accountability to Parliament, rather than just to the PM (the devil is expressed in the detail: the ISC is now “of” Parliament, rather than “in” Parliament…).
Somewhat more pertinently, the ISC can now investigate operational matters, demand papers and witnesses, and it appears they now have a special investigator who can go and rummage around the MI5 Registry for information.
It remains to be seen how effective the ISC will realistically be in holding the intelligence agencies to account, even with these new powers. However, Sir Malcolm Rifkind has good reason to know how slippery the spies can be — after all, he was the Foreign Secretary in 1995/6, the years when MI6 was funding Al Qaeda associates to assassinate Colonel Gaddafi of Libya. The attack went wrong, innocent people were killed and, crucially, it was illegal under UK law, as MI6 had not requested the prior written permission for such a plot from the Foreign Secretary, as required under Section 7(1) of the aforementioned ISA (1994). Rifkind has always claimed that he was not told about the plot by MI6.
So, in the interests of justice let us hope that the Rifkind and the other members of the ISC fully exercise their powers and that MI5’s new DG, Andrew Parker is somewhat more frank about the work of his agency than his predecessors have been. It is only through greater honesty and accountability that our intelligence agencies can learn from the mistakes of the past and better protect our country in the future.