My recent interview about the German domestic spy agency, the BfV – the Office for the Protection of the Constitution, ironically – being allegedly infiltrated by ISIS.
First published on Consortium News.
Forgive my “infamously fluent French”, but the phrase “pour encourager les autres” seems to have lost its famously ironic quality. Rather than making an example of people who dissent in order to prevent future dissidence, now it seems that the USA is globally paying bloody big bucks to people in order to encourage them to expose the crimes of their employers – well, at least if they are working for banks and other financial institutions.
I have been aware for a few years that the USA instituted a law in 2010 called the Dodd-Frank Act that is designed to encourage people employed in the international finance community to report malfeasance to the Securities and Exchange Commission (SEC), in return for a substantial percentage of any monies recouped.
This law seems to have produced a booming business for such high-minded “whistleblowers” – if that could be the accurate term for such actions? They are celebrated and can receive multi-million dollar pay days, the most recent (unnamed) source receiving $20 million.
Nor is this US initiative just potentially benefiting US citizens – it you look at the small print at the bottom of this page, disclosures are being sent in from all over the world.
Which is all to the public good no doubt, especially in the wake of the 2008 global financial crash and the ensuing fall-out that hit us all. We need more clarity about arcane casino banking practices that have bankrupted whole countries, and we need justice.
But does rather send out a number of contradictory messages to those in other areas of work who might also have concerns about the legality of their organisations, and which may have equal or even graver impacts on the lives of their fellow human beings.
If you work in finance and you see irregularities it is apparently your legal duty to report them through appropriate channels – and then count the $$$ as they flow in as reward – whether you are a USA citizen or based elsewhere around the world. Such is the power of globalisation, or at least the USA’s self-appointed role as the global hegemon.
However, if you happen to work in the US government, intelligence agencies or military, under the terms of the American Constitution it would also appear to be your solemn duty under oath to report illegalities, go through the officially designated channels, and hope reform is the result.
But, from all recent examples, it would appear that you get damn few thanks for such patriotic actions.
Take the case of Thomas Drake, a former senior NSA executive, who in 2007 went public about waste and wanton expenditure within the agency, as I wrote way back in 2011. Tom went through all the prescribed routes for such disclosures, up to and including a Congressional Committee hearing.
Despite all this, Tom was abruptly snatched by the FBI in a violent dawn raid and threatened with 35 years in prison. He (under the terrifying American plea bargain system) accepted a misdimeanour conviction to escape the horrors of federal charges, the resulting loss of all his civic rights and a potential 35 years in prison. He still, of course, lost his job, his impeccable professional reputation, and his whole way of life.
He was part of a NSA group which also included Bill Binney, the former Technical Director of the NSA, and his fellow whistleblowers Kirk Wiebe, Ed Loumis and Diane Roark.
These brave people developed an electronic mass-surveillance programme called Thin Thread that could winnow out those people who were genuinely of security interest and worth targeting, a programme which would have cost the US $1.4 million, been consistent with the terms of the American constitution and, according to Binney, could potentially have stopped 9/11 and all the attendant horrors..
Instead, it appears that backs were scratched and favours called in with the incoming neo-con government of George W Bush in 2000, and another programme called Trail Blaizer was developed, to the tune of $1.2 billion – and which spied on everyone across America (as well as the rest of the world) and thereby broke, at the very least, the terms of the American constitution.
Yet Bill Binney was still subjected to a FBI SWAT team raid – he was dragged out of the shower early one morning at gun-point. All this is well documented in an excellent film “A Good American” and I recommend watching it.
Rather a contrast to the treatment of financial whistleblowers – no retaliation and big bucks. Under that law, Bill would have received a payout of millions for protecting the rights of his fellow citizens as well as saving the American public purse to the tune of over a billion dollars. But, of course, that is not exactly in the long-term business interests of our now-global surveillance panopticon.
President Dwight Eisenhower, in his valedictory speech in 1961, warned of the subversive interests of the “military-industrial” complex. That seems so quaint now. What we are facing is a steroid-pumped, globalised military surveillance industry that will do anything to protect its interests. And that includes crushing principled whistleblowers “pour encourager les autres“.
Yet that manifestly has not happened, as I need to move on to the even-more-egregious cases of Chelsea Manning and Edward Snowden.
The former, as you may remember, was a former American army private currently serving 35 years in a US military prison for exposing the war crimes of the USA. She is the most obvious victim of outgoing-President Obama’s war on whistleblowers, and surely deserving of his supposed outgoing clemency.
The latter, currently stranded in Russia en route from Hong Kong to political asylum in Ecuador is, in my view and as I have said before, the most significant whistleblower in modern history. But he gets few thanks – indeed incoming US Trump administration appointees have in the past called for the death penalty.
So all this is such a “wonderfully outstanding encouragement” to those in public service in the USA to expose corruption – not. Work for the banks and anonymously snitch – $$$kerching! Work for the government and blow the whistle – 30+ years in prison or worse. Hmmm.
If President-Elect Donald Trump is serious about “draining the swamp” then perhaps he could put some serious and meaningful public service whistleblower protection measures in place, rather than prosecuting such patriots?
After all, such measures would be a win-win situation, as I have said many times before – a proper and truly accountable channel for potential whistleblowers to go to, in the expectation that their concerns will be properly heard, investigated and criminal actions prosecuted if necessary.
That way the intelligence agencies can become truly accountable, sharpen their game, avoid a scandal and better protect the public; and the whistleblower does not need ruin their life, losing their job, potentially their freedom and worse.
After all, where are the most heinous crimes witnessed? Sure, bank crimes impact the economy and the lives of working people; but out-of-control intelligence agencies that kidnap, torture and assassinate countless people around the world, all in secret, actually end lives.
All that said, other Western liberal democracies are surely less draconian than the USA, no?
Well, unfortunately not. Take the UK, a country still in thrall to the glamorous myth of James Bond, and where there have been multiple intelligence whistleblowers from the agencies over the last few decades – yet all of them have automatically faced prison. In fact, the UK suppression of intelligence, government, diplomatic, and military whistleblowers seems to have acted as an exemplar to other countries in how you stifle ethical dissent from within.
Sure, the prison sentences for such whistleblowing are not as draconian under the UK Official Secrets Act (1989) as the anachronistic US Espionage Act (1917). However, the clear bright line against *any* disclosure is just as stifling.
In the UK, a country where the intelligence agencies have for the last 17 years been illegally prostituting themselves to advance the interests of a foreign country (the USA), this is simply unacceptable. Especially as the UK has just made law the Investigatory Powers Act (2016), against all expert advice, which legalises all this previously-illegal activity and indeed expanded the hacking powers of the state.
More worryingly, the ultra-liberal Norway, which blazed a calm and humanist trail in its response to the murderous white-supremacist terrorist attacks of Anders Breivik only 5 years ago, has now proposed a draconian surveillance law.
And Germany – a country horrified by the Snowden revelations in 2013, with its memories of the Gestapo and the Stasi – has also just expanded the surveillance remit of its spooks.
In the face of all this, it appears there has never been a greater need of intelligence whistleblowers across the Western world. Yet it appears that, once again, there is one law for the bankers et al – they are cashed up, lauded and rewarded for reporting legalities.
For the rest of the Poor Bloody Whistleblowers, it’s prosecution and persecution as usual, despite the fact that they may indeed be serving the most profound of public interests – freedom, privacy and the ability to thereby have a functioning democracy.
As always – plus ça change, plus c’est la même chose. So back to my fluent French, referenced at the start: we are, it seems, all still mired in the merde.
Now, I speak all over the world at conferences and universities about a whole variety of interconnected issues, but I do want to highlight this conference from earlier this year and give a shout out for next year’s. Plus I’ve finally got my hands on the video of my talk.
Webstock celebrated its tenth anniversary in New Zealand last February, and I was fortunate enough to be asked to speak there. The hosts promised a unique experience, and the event lived up to its reputation.
They wanted a fairly classic talk from me – the whistleblowing years, the lessons learnt and current political implications, but also what we can to do fight back, so I called my talk “The Panopticon: Resistance is Not Futile”, with a nod to my sci-fi fandom.
So why does this particular event glow like a jewel in my memory? After expunging from my mind, with a shudder of horror, the 39 hour travel time each way, it was the whole experience. New Zealand combines the friendliness of the Americans – without the political madness and the guns, and the egalitarianism of the Norwegians – with almost equivalent scenery. Add to that the warmth of the audience, the eclecticism of the speakers, and the precision planning and aesthetics of the conference organisers and you have a winning combination.
Our hosts organised vertigo-inducing events for the speakers on the top of mile-high cliffs, as well as a surprisingly fun visit to a traditional British bowling green. Plus I had the excitement of experiencing my very first earthquake – 5.9 on the Richter scale apparently. I shall make no cheap jokes about the earth moving, especially in light of the latest quakes to hit NZ this week, but the hotel did indeed sway around me and it wasn’t the local wine, excellent as it is.
I mentioned eclecticism – the quality of the speakers was ferociously high, and I would like to give a shout out to Debbie Millman and her “joy of failure” talk, Harry Roberts, a serious geek who crowd-sourced his talk and ended up talking seriously about cocktails, moths, Chumbawamba and more, advertising guru Cindy Gallop who is inspiring women around the world and promoting Make Love Not Porn, and Casey Gerald, with his evangelically-inspired but wonderfully humanistic talk to end the event.
All the talks can be found here.
It was a fabulous week. All I can say is thank you to Tash, Mike, and the other organisers.
If you ever have the chance to attend or speak at the event in the future, I seriously recommend it.
And here’s the video of my talk:
The CIA was recently reported to have issued the threat of cyber attacks against the Russian leadership, in retaliation for alleged and unsubstantiated claims that Russia is trying to influence the American elections.
Here is an interview I did yesterday about this, and wider, issues:
I have for a number of years now been involved with a global group of whistleblowers from the intelligence, diplomatic and military world, who gather together every year as the Sam Adams Associates to give an award to an individual displaying integrity in intelligence.
This year’s award goes to former CIA officer, John Kiriakou, who exposed the CIA’s illegal torture programme, but was the only officer to go to prison – for exposing CIA crimes.
Last year’s laureate, former Technical Director of the NSA Bill Binney, is currently on tour across Europe to promote an excellent film about both his and the other stories of the earlier NSA whistleblowers before Edward Snowden – “A Good American“.
The film is simply excellent, very human and very humane, and screenings will happen across Europe over the next few months. Do watch if you can!
This is a film of the panel discussion after a screening in London on 18th September:
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….
Former US Attorney General, Eric Holder, has softened his stance on the Edward Snowden case and has tacitly admitted there should at least be a public interest legal defence for intelligence whistleblowers.
Well, that’s my take – have a watch of my RT interview yesterday or read here:
I just want to say a huge thank you to the organisers of the 10th Webstock Festival in New Zealand earlier this month – definitely worth the interminable flights.
This is a tech-focused conference that very much looks at the bigger picture and joins a whole number of different societal dots.
Plus they look after their “inspirational speakers” exceedingly well, with scary coach trips out of Wellington and up the cliffs, a chance to appreciate the finer aspects of bowling at a NZ working men’s club, and a rip-roaring party at the end of the festival. It was great to have the time to chat with so many amazing people.
Oh, and I experienced my first earthquake – 5.7 on the Richter Scale. Slightly distant, but still impressive when you’re in a swaying 5th floor hotel room. I initially thought a bomb might have gone off in the basement…. Thankfully, NZ hotels are made of pliable, if stern, stuff.
I was also shunted on to Radio New Zealand for a half hour interview, discussing whistleblowers, spies, drugs and surveillance. Here it is – it was fun to do – so thank you NZ.
My interview today for RT about the German prosecutor’s decision to stop the investigation of the NSA tapping Chancellor Angela Merkel’s mobile phone, and much more:
This week I made my first visit to the re:publica annual geekfest in Berlin to do a talk called “The War on Concepts”. In my view this, to date, includes the four wars – on drugs, terror, the internet, and whistleblowers. No doubt the number will continue to rise.
Here’s the video:
First published on RT Op-Edge.
It struck me today that when I email a new contact I now reflexively check to see if they are using PGP encryption. A happily surprising number are doing so these days, but most people would probably consider my circle of friends and acquaintance to be eclectic at the very least, if not downright eccentric, but then that’s probably why I like them.
There are still alarming numbers who are not using PGP though, particularly in journalist circles, and I have to admit that when this happens I do feel a tad miffed, as if some basic modern courtesy is being breached.
It’s not that I even expect everybody to use encryption – yet – it’s just that I prefer to have the option to use it and be able to have the privacy of my own communications at least considered. After all I am old enough to remember the era of letter writing, and I always favoured a sealed envelope to a postcard.
And before you all leap on me with cries of “using only PGP is no guarantee of security….” I do know that you need a suite of tools to have a fighting chance of real privacy in this NSA-saturated age: open source software, PGP, TOR, Tails, OTR, old hardware, you name it. But I do think the wide-spread adoption of PGP sets a good example and gets more people thinking about these wider issues. Perhaps more of us should insist on it before communicating further.
Why is this in my mind at the moment? Well, I am currently working with an old friend, Simon Davies, the founder of Privacy International and the Big Brother Awards. He cut his first PGP key in 2000, but then left it to wither on the vine. As we are in the process of setting up a new privacy initiative called Code Red (more of which next week) it seemed imperative for him to set a good example and “start using” again.
Anyway, with the help of one of the godfathers of the Berlin cryptoparties, I am happy to report that the father of the privacy movement can now ensure your privacy if you wish to communicate with him.
I am proud to say that my awareness of PGP goes back even further. The first time I heard of the concept was in 1998 while I was living in hiding in a remote farmhouse in central France, on the run from MI5, with my then partner, David Shayler.
Our only means of communication with the outside world was a computer and a dial-up connection and David went on a steep learning curve in all things geek to ensure a degree of privacy. He helped build his own website (subsequently hacked, presumably by GCHQ or the NSA as it was a sophisticated attack by the standards of the day) and also installed the newly-available PGP. People complain now of the difficulties of installing encryption, but way back then it was the equivalent of scaling Mount Everest after a few light strolls in the park to limber up. But he managed it.
Now, of course, it is relatively easy, especially if you take the time to attend a Cryptoparty – and there will be inevitably be one happening near you some place soon.
Cryptoparties began in late 2012 on the initiative of Asher Wolf in Australia. The concept spread rapidly, and after Snowden went public in May 2013, accelerated globally. Indeed, there have been various reports about the “Snowden Effect“. Only last week there was an article in the Guardian newspaper saying that 72% of British adults are now concerned about online privacy. I hope the 72% are taking advantage of these geek gatherings.
The US-based comedian, John Oliver, also recently aired an interview with Edward Snowden. While this was slightly painful viewing for any whistleblower – Oliver had done a vox pop in New York that he showed to Snowden, where most interviewees seemed unaware of him and uncaring about privacy – there was a perceptible shift of opinion when the issue of, shall we say, pictures of a sensitive nature were being intercepted.
Officially this spy programme is called Optic Nerve, an issue that many of us have been discussing to some effect over the last year. In the Oliver interview this transmogrified into “the dick pic programme”. Well, whatever gets the message out there effectively…. and it did.
We all have things we prefer to keep private – be it dick pics, bank accounts, going to the loo, talking to our doctor, our sex lives, or even just talking about family gossip over the phone. This is not about having anything to hide, but most of us do have an innate sense of privacy around our personal issues and dealings and this is all now lost to us, as Edward Snowden has laid bare.
As I have also said before, there are wider societal implications too – if we feel we are being watched in what we watch, read, say, write, organise, and conduct our relationships, then we start to self-censor. And this is indeed already another of the quantified Snowden effects. This is deleterious to the free flow of information and the correct functioning of democratic societies. This is precisely why the right to privacy is one of the core principles in the 1948 Universal Declaration of Human Rights.
Lessons had then been learned from the Nazi book burnings and the Gestapo spy state, and privacy was recognised as a pre-requisite of open democracy. Yet now we see senior and supposedly well-informed US politicians calling for the modern equivalent of book burnings and failing to rein in the global abuses of the NSA.
How quickly the lessons of history can be forgotten and how carelessly we can cast aside the hard-won rights of our ancestors.
Edward Snowden, at great personal risk, gave us the necessary information to formulate a push back. At the very least we can have enough respect for the sacrifices he made and for the rights of our fellow human beings to take basic steps to protect both our own and their privacy.
So please start using open source encryption at the very least. It would be rude not to.
Here is a panel discussion I did about whistleblowing at the Logan Symposium in London last November. With me on the panel are Eileen Chubb, a UK health care whistleblower who runs Compassion in Care and is campaigning for Edna’s Law, and Bea Edwards of the US Government Accountability Project. With thanks to @newsPeekers for filming this.
According to journalist Glenn Greenwald, German Vice Chancellor Sigmar Gabriel has stated that the US and UK spy agencies threatened to cut Germany out of the intelligence-sharing loop if it gave safe haven to NSA whistlebower, Edward Snowden.
Here is my view of the situation on RT today: