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.

Why the new website?

I have great pleas­ure in launch­ing my new, bespoke web­site — made for me by Sander Venema, the founder of Aster­oid Inter­act­ive in the Netherlands.

This is a new com­pany that really listens to what you want, both in terms of design and the back-end sys­tem, and I can­not recom­mend them enough.

So what did I want and why?

First of all, I wanted to get out of the USA domain-name hege­mony. Recently the US has been increas­ingly flex­ing its leg­al muscles inter­na­tion­ally.  It is now claim­ing glob­al domin­ion over all the old domains ori­gin­ally set up in its ter­rit­ory: .com, .org, .net, .info, you name it.

And it does not mat­ter if you are are a cit­izen of anoth­er coun­try, liv­ing in anoth­er coun­try, your web­site is hos­ted on anoth­er coun­try’s serv­ers, and you have noth­ing what­so­ever to do with the good ol’ US of A: if you use one of these domain names, the US gov­ern­ment can pull the plug on your site, with no warn­ing and no redress.  This has already star­ted to hap­pen.

So I am now safely ensconced in Switzer­land — not­ably the only coun­try not to take down the Wikileaks web­site in 2010, des­pite massive glob­al push-back from the US et al.  Switzer­land still seems to be tak­ing basic human rights seriously.

The US con­tinu­ally bleats on about the “free mar­ket”, so let’s vote with our wal­lets and remove our cus­tom bey­ond its per­ni­cious reach.

Secondly, I also wanted to walk the walk and move on to an open source plat­form and CMS (the soft­ware that makes it easy to pub­lish without typ­ing a lot of HTML by hand). This is the only way to ensure that you are not depend­ent on closed, pro­pri­et­ary soft­ware com­pan­ies, which can be leg­ally pres­sur­ised by nas­ties like the NSA or GCHQ into implant­ing con­veni­ent little “back doors” to spy on or manip­u­late your data. I made this move on my laptop years ago and have since enjoyed at least a rel­at­ive sense of security.

Also, as you can see, I value both my pri­vacy and respect yours when it comes to the usu­al “share” but­tons.  But I’m also very happy for you to use my mater­i­al under the Cre­at­ive Com­mons Licence.

And finally, my old site was look­ing messy — so much inform­a­tion, so little time.……

It needed a revamp, and I hope you find this site more user-friendly, and that you can find the inform­a­tion you want quickly. Please feel free to com­ment, or email me with any thoughts or suggestions.

I think Sander has come up with a beau­ti­ful design.  The build­ing in the ban­ner incor­por­ates an image of the old Stasi HQ in Ber­lin.  I like the idea — an image of a pan­op­tic police state that seemed bru­tally immut­able, but that has now just.… gone.

How the Light Gets In festival — my talk

My recent talk at the excel­lent How the Light Gets In philo­sophy fest­iv­al at Hay-on-Wye.  With cred­it and thanks to IAI TV and the staff of the Insti­tute of Art and Ideas, the organ­isers the event.

 

Bits of Freedom — Amsterdam Talk, 16 September 2010

It’s going to be a busy month for talks — I’ll be in Ams­ter­dam with the Dutch (digit­al) civil rights organ­isa­tion, Bits of Free­dom, on 16th Septem­ber.  I use the brack­ets con­sciously, as I don’t per­son­ally see a dis­tinc­tion between rights in the phys­ic­al or digit­al world — the under­ly­ing prin­ciples are the same.

BoF is doing great work, so any­one with­in strik­ing dis­tance of Amstie please come along, not only for the talk, but for what also prom­ises to be a great social evening!

Little_BrotherIf you can­’t make that night, I ser­i­ously recom­mend com­ing along to a BoF din­ner on 24th Septem­ber, where the guest of hon­our is acclaimed journ­al­ist, blog­ger and author, Cory Doc­torow.  I had the pleas­ure of meet­ing up with him a couple of years ago in Lon­don — an extremely switched on man.

I really, really enjoyed his digit­al act­iv­ists’ hand­book — sorry, nov­el — “Little Broth­er”, ostens­ibly aimed at the young adult mar­ket.  But, hey, we’re all young at heart, and this book is spot on!

Watch out, Big Brother.….

US Intelligence targets Wikileaks

WikileaksThe US gov­ern­ment has appar­ently been get­ting its knick­ers in a twist about the excel­lent Wikileaks web­site.  A report writ­ten in 2008 by US army counter-intel­li­gence ana­lys­ing the threat posed by this haven for whis­tleblowers has been leaked to, you’ve guessed it, the very sub­ject of the report.

Wikileaks was set up three years ago to provide a secure space for prin­cipled whis­tleblowers around the world to expose cor­rup­tion and crimes com­mit­ted by our gov­ern­ments, intel­li­gence agen­cies and mega-cor­por­a­tions.  The site takes great care to veri­fy the inform­a­tion it pub­lishes, adheres to the prin­ciple of expos­ing inform­a­tion very much in the pub­lic interest, and vig­or­ously pro­tects the identi­fy of its sources.

By doing so, Wikileaks plays a vital part in inform­ing cit­izens of what is being done (often illeg­ally) in their name.  This free flow of inform­a­tion is vital in a democracy.

Well, no gov­ern­ment likes a clued-up and crit­ic­al cit­izenry, nor does it like to have trans­par­ency and account­ab­il­ity imposed on it.  Which led to the report in question.

As I have writ­ten before ad nauseam, whis­tleblowers provide an essen­tial func­tion to the healthy work­ing of a demo­cracy.  The simplist­ic approach would be to say that if gov­ern­ments, spies and big cor­por­a­tions obeyed the law, there would be no need for whis­tleblowers.  How­ever, back in the real, post‑9/11 world, with its end­less, neb­u­lous “war on ter­ror”, illeg­al wars, tor­ture, extraordin­ary rendi­tion and Big Broth­er sur­veil­lance, we have nev­er had great­er need of them.

Rather than ensur­ing the highest stand­ards of leg­al­ity and prob­ity in pub­lic life, it is far sim­pler for the powers that be to demon­ise the whis­tleblower — a fig­ure who is now (accord­ing to the Exec­ut­ive Sum­mary of the report) appar­ently seen as the “insider threat”.  We are look­ing at a nas­cent McCarthy­ism here.  It echoes the increas­ing use by our gov­ern­ments of the term “domest­ic extrem­ists” when they are talk­ing about act­iv­ists and protesters.

There are laws to pro­tect whis­tleblowers in most areas of work now.  In the UK we have the Pub­lic Interest Dis­clos­ure Act (1998).  How­ever, gov­ern­ment, mil­it­ary, and espe­cially intel­li­gence pro­fes­sion­als are denied this pro­tec­tion, des­pite the fact that they are most often the very people to wit­ness the most hein­ous state abuses, crimes and cor­rup­tion.  If they try to do some­thing about this, they are also the people most likely to be pro­sec­uted and per­se­cuted for fol­low­ing their con­sciences, as I described in a talk at the CCC in Ber­lin a couple of years ago.

Ideally, such whis­tleblowers need a pro­tec­ted leg­al chan­nel through which to report crimes, with the con­fid­ence that these will be prop­erly invest­ig­ated and the per­pet­rat­ors held to account.  Fail­ing that, sites like Wikileaks offer an invalu­able resource.  As I said last sum­mer at the Hack­ing at Ran­dom fest­iv­al in NL, when I had the pleas­ure of shar­ing a stage with Wikileaks founder Juli­an Assange, I just wish that the organ­isa­tion had exis­ted a dec­ade earli­er to help with my own whis­tleblow­ing exploits.

The Offi­cial Secrets Act (1989) in the UK, is draf­ted to stifle whis­tleblowers rather than pro­tect real secrets.  Such laws are routinely used to cov­er up the mis­takes, embar­rass­ment and crimes of spies and gov­ern­ments, rather than to pro­tect nation­al secur­ity.  After all, even the spooks acknow­ledge that there are only three cat­egor­ies of intel­li­gence that abso­lutely require pro­tec­tion: sens­it­ive oper­a­tion­al tech­niques, agent iden­tit­ies and ongo­ing operations.

This US counter-intel­li­gence report is already 2 years old, and its strategy for dis­cred­it­ing Wikileaks (by expos­ing one of their sources pour encour­ager les autres) has, to date, mani­festly failed. Cred­it is due to the Wikileaks team in out-think­ing and tech­no­lo­gic­ally out­pa­cing the intel­li­gence com­munity, and is a ringing endorse­ment for the whole open source philosophy.

I’ve said this before, and I shall say it again: as our coun­tries evolve ever more into sur­veil­lance soci­et­ies, with big broth­er data­bases, CCTV, bio­met­ric data, police drones, vot­ing com­puters et al, geeks may be our best (and last?) defence against emer­ging Big Broth­er states.

Pay peanuts, get monkeys

So the spooks are yet again try­ing to recruit IT pro­fes­sion­als. MI6 is cur­rently advert­ising for a, quote, “world class enter­prise archi­tect”, but is offer­ing a salary sig­ni­fic­antly below the mar­ket rate. MI5 is con­stantly on the lookout for IT staff –as recent adverts in the press will attest.

My sense is that the agen­cies are still des­per­ately play­ing IT catch-up. In the 1990s, when I worked as an intel­li­gence officer, we were still writ­ing out everything longhand and get­ting our sec­ret­ar­ies to type it up – with all the attend­ant typos, revi­sions and delays. Inform­a­tion data­bases, such the sys­tem code­named Durbar, which held the ter­ror­ist records, could only be accessed via 1970s, beige, mon­it­or-and-key­board, all-in-one computers.

In the early 1990s MI5 did try to devel­op its own inform­a­tion man­age­ment sys­tem from scratch, rightly think­ing that buy­ing off-the-shelf from an Amer­ic­an mega­corp was prob­ably not good secur­ity. How­ever, MI5 man­age­ment still thought IT was a low pri­or­ity – des­pite the fact the effi­cient pro­cessing of inform­a­tion should have been the core work. So, the agency paid sig­ni­fic­antly below the mar­ket rates for IT pro­fes­sion­als, and pos­ted main­stream intel­li­gence officers, with no pro­ject man­age­ment exper­i­ence, to run the depart­ment for 2 year peri­ods. Need­less to say, mor­al was rock-bot­tom. The IT bods were unmo­tiv­ated, the IOs demor­al­ised at being pos­ted to a career grave­yard slot and the unwieldy sys­tem, code­named Grant, nev­er got off the ground.

In the middle of the dec­ade MI5 in des­per­a­tion bought an off-the-shelf pack­age which was based on Win­dows 95. Even then officers had to fight to have access to a ter­min­al to do their work. And, of course, Win­dows is not known as the most stable or secure sys­tem avail­able. I also heard recently that MI5 is still using this pro­pri­et­ary soft­ware, and thinks that it can pro­tect its inform­a­tion sys­tems by patch­ing up secur­ity prob­lems. It gives one such faith that MI5 can really pro­tect this coun­try from ter­ror­ist attack.

But this leads us onto a more ser­i­ous issue regard­ing our nation­al sov­er­eignty. What the hell is our gov­ern­ment doing, shov­el­ling bil­lions of pounds every year over to US IT com­pan­ies to pay for licences that then per­mit our gov­ern­ment depart­ments to use their soft­ware pack­ages? And with the cur­rent con­cerns about ter­ror­ism and the sub­sequent datamin­ing activ­it­ies of a para­noid US admin­is­tra­tion, how can we be sure that the NSA is not sneak­ing a peek at the work of our secur­ity forces via back doors in this software?

So, to pro­tect our sov­er­eignty, as well as devel­op our know­ledge base and grow our eco­nomy, why does the UK gov­ern­ment not encour­age all gov­ern­ment agen­cies and depart­ments to switch from pro­pri­et­ary to open source soft­ware? After all, many oth­er coun­tries around the world are already doing this for pre­cisely these reasons.

No doubt it’s that pesky “spe­cial rela­tion­ship” kick­ing in again.….