Interview with George Galloway

Here is my recent inter­view with Brit­ish MP George Gal­lo­way on his RT show, “Sputnik”.

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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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CCC talk — the Four Wars

Here is my recent talk at the CCC in Ham­burg, dis­cuss­ing the war on ter­ror, the war on drugs, the war in the inter­net and the war on whis­tleblowers:

30C3 — The Four Wars; Ter­ror, whis­tleblowers, drugs, inter­net from Annie Machon on Vimeo.

Rendition and torture — interview on RT

Here’s my recent inter­view on RT’s excel­lent and incis­ive new UK polit­ics pro­gramme, “Going Under­ground”.  In it I dis­cuss rendi­tion, tor­ture, spy over­sight and much more:

Going Under­ground Ep 22 1 from Annie Machon on Vimeo.

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.

BBC World interview re UK spy accountability

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:

BBC World inter­view on UK Par­laiment­ary hear­ings on NSA/Snowden affair from Annie Machon on Vimeo.

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.….

Channel 4 interview re UK spy accountability

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:

Spy account­ab­il­ity and the ISC — Chan­nel 4 News from Annie Machon on Vimeo.

Interview on London Real TV

Here’s my recent inter­view on Lon­don Real TV, dis­cuss­ing all things whis­tleblow­ing, tech, intel­li­gence, and the war on drugs.  Thanks Brian and Colin for a fun hour!

London Real TV Interview — coming soon

Here is a taster of my recent inter­view on Lon­don Real TV. It was diverse, lively and fun, and should be broad­cast in full tomor­row:

Annie Machon — Whis­tleblower — Lon­don Real TV from Annie Machon on Vimeo.

The Empire Strikes Back

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.

Darth_VaderAnd 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.

V_for_Vendetta_masksHow 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:

  • Without free media, where we can all read, write, listen and dis­cuss ideas freely and in pri­vacy, we are all liv­ing in an Orwellian dysto­pia, and we are all poten­tially at risk. These media must be based on tech­no­lo­gies that empower indi­vidual cit­izens, not cor­por­a­tions or for­eign gov­ern­ments. The Free Soft­ware Found­a­tion has been mak­ing these recom­mend­a­tions for over two decades.
  • The cent­ral soci­etal func­tion of pri­vacy is to cre­ate the space for cit­izens to res­ist the viol­a­tion of their rights by gov­ern­ments and cor­por­a­tions. Pri­vacy is the last line of defense his­tor­ic­ally against the most poten­tially dan­ger­ous organ­isa­tion that exists: the nation state. There­fore there is no ‘bal­ance between pri­vacy and secur­ity’ and this false dicho­tomy should not be part of any policy debate.

US/UK spy chiefs cover up NSA surveillance scandal

First pub­lished on RT Op-Edge. Also on Inform­a­tion Clear­ing House and The Huff­ing­ton Post.

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 Row­leyTime 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.

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.

International Day of Privacy, Berlin Demo

The Inter­na­tional Day of Pri­vacy was cel­eb­rated glob­ally on 31 August, with the cases of Chelsea Man­ning and Edward Snowden bring­ing extra energy and res­on­ance to the subject.

I was invited take part in a demon­stra­tion in Ber­lin, cul­min­at­ing with a talk at the hugely sym­bolic Branden­burg Gate. Here’s the talk:

OHM 2013 — The Great Spook Panel

Finally the videos from the whis­tleblower track at the August inter­na­tional geek­fest OHM 2013 in the Neth­er­lands are begin­ning to emerge. Here’s one of the key ses­sions, the Great Spook Panel, with ex-CIA Ray McGov­ern, ex-FBI Coleen Row­ley, ex-NSA Tom Drake, ex-Department of Justice Jes­selyn Radack, and myself.

We came together to show, en masse, that whis­tleblow­ing is done for the demo­cratic good, to dis­cuss the (fright­en­ingly sim­ilar) exper­i­ences we all went through, and to show that whis­tleblowers can sur­vive the pro­cess, build new lives, and even poten­tially thrive.

Here is a great art­icle about the whis­tleblowers at OHM by Silkie Carlo (@silkiecarlo) for Vice Magazine.

With the recent cases of Chelsea Man­ning, Wikileaks and Edward Snowden, respect to the OHM organ­isers who saw the rel­ev­ance of this event so far ahead.