Perils of Censorship in the Digital Age

First published on RT OP-Edge.

The ripple effects of the Donald Trump election victory in America continue to wash over many different shorelines of public opinion, like so many mini-tsunamis hitting the Pacific rim over the last few last weeks.  The seismic changes have indeed been global, and not least in Europe.

First up, the Eurocrats have been getting in a bit of a flap about the future of NATO, as I recently wrote.  In the past I have also written about the perceived “insider threat” – in other words, whistleblowers – that has been worrying governments and intelligence agencies across the Western world.

Currently the Twittersphere is lighting up around the issue of “fake news“, with Western mainstream media (news purveyors of the utmost unsullied probity, naturally) blaming Trump’s unexpected victory variously on the US alt-media shock jocks, fake news trolls and bots, and sovereign-state media outlets such as the Russian RT and Sputnik.

In the wake of US Democrat claims that Russia was interfering in the election process (not a practice that the USA has ever engaged in in any other country around the world whatsoever), we now have the US Green Party presidential candidate apparently spontaneously calling for recounts in three key swing-states in the USA.

The German government has already expressed concern that such “fake” news might adversely influence the almost inevitable re-election for a fourth term as Chancellor, Angela Merkel.  Despite having been proclaimed the closest partner of the USA by President Obama on his recent speed-dating visit to Europe, and perhaps wary of the rising nationalist anger (I hesitate to write national socialist anger, but certainly its ugly face is there too in the German crowd) Merkal is getting in an electoral first strike.

At a slightly more worrying level, the European Parliament on 23 November voted for a resolution to counter “propaganda” from Russia – and incredibly equated that country’s media with terrorist groups such as ISIS – the very organisation that Russia is currently trying to help crush in Syria and which the West and NATO are at least officially opposed to.

Equating the content of licensed and networked media outlets – however much they may challenge Western orthodoxies – to the horrors of ISIS snuff videos seems to me to be wilfully blind if not downright and dangerously delusional. Or perhaps we should just call it propaganda too?

Whatever happened to the rights of freedom of expression enshrined in the European Convention of Human Rights? Or the concept that a plurality of opinion encourages a healthy democracy?

In America too, we have had reports this week that Google and Facebook are censoring alleged “fake” news.  This is the start of a very slippery slope. Soon anyone who dissents from the orthodoxy will be deemed fake and disappear into the corporate memory black hole.  Google in 2014 suggested a precursor to this, the Knowledge Vault, a search system that would promote approved websites and disappear those deemed inaccurate at least by Google algorithms. But who controls those?

Once again our corporate overlords seem to be marching remarkably in time – almost a lock step – with the mood of the political establishment.

So how did this all kick off? With remarkably prescient timing, in October the arch-neoconservative UK-based think tank, the Henry Jackson Society, published a report entitled “Putin’s Useful Idiots: Britain’s Right, Left and Russia“. Well, at least it got its apostrophes right, but much of the rest is just so much hate-filled bile against those who call out the failed Washington Consensus.

The Henry Jackson Society is an odious organisation that was founded in Cambridge eleven years ago. One of its initial signatories was Sir Richard Dearlove, former head of the UK’s foreign intelligence agency MI6, and of some personal notoriety for peddling the lies about Iraq’s weapons of mass destruction that took the UK into the disastrous and illegal Iraq war in 2003, as well as feeding in the fake intelligence about Iraq trying to acquire uranium from Niger that US Secretary of State Colin Powell used as a justification for the same war at the United Nations.

Despite all this, he remains happily retired, bloated with honours, while at the same time threatening the British establishment with his full memoirs to posthumously preserve his reputation and avoid prosecution for a breach of the Official Secrets Act, as I have written before.

The Henry Jackson Society has also folded into itself an organisation called the Centre for Social Cohesion – apparently established to build better integration for the Muslim community in the UK, but which for the last decade has done nothing but stir up Islamophobia. As others have written, the phrase “modern McCarthyites” might not be stretching this concept too far. And now it seems to be turning its ire against Russia.

Its emphasis has been unrelentingly anti-Islam for many years, so it was interesting that this establishment-embedded Society had a fully-formed report about the renewed Red Menace subverting our Western media just ready and waiting to be published ahead of the US elections.

So where does this all leave us?

It may well be that Facebook will begin to disappear so-called fake news – which could have repercussions for all the activist groups that, against all advice and common sense, continue to offer up their plans/organise events on that medium.

We may see the same censorship on Google, as well as dissident websites disappearing down the proposed memory-hole of the Knowledge Vault. Sure, such pages may be recorded on sites like the WayBack Machine et al, but who really searches through that reflexively? Most us us don’t even get through the first page of Google hits anyway. In our digital age, this will make the 20th century practice of your analogue dictator – the airbrushing of political opponents out of history – look positively quaint.

But, just as the Gutenberg Press was a radical innovation in the 15th century that led to a rapid spread of written ideas and the resulting censorship, repression and a thriving underground media, so the the current crackdown will lead to the same push-back.

Then we have to consider the potential censorship of state-owned news outlets such as RT, the Chinese CCTV, and the Iranian Press TV. Where will that leave other state-owned organisations such as the BBC, RAI and other international Euro-broadcasters? Oh, of course, they are part of the Western media club, so it’s all hunkey-dorey and business as usual.

But this can be a two-sided fight – only two months ago RT’s UK bankers, the state-owned Nat West Bank, announced that they were going to shut down the channel’s UK accounts, with no reason or redress. I gather that a similar threat was then issued against the BBC in Russia, and the case was quietly dropped.

Over the last 20 years I have been interviewed by hundreds of major media outlets across Europe, many of them state-owned.  However, it is only when I appear on RT.com that I am accused of supporting a state-propaganda outlet, of being a useful idiot – and this has become increasingly marked over the last couple of years.

All these measures smack of an ill-informed and out-of-touch panic reaction by a hitherto complacent establishment. Before they attempt to airbrush history, we need to remember that history teaches some useful lessons about such elitist crackdowns: they never end well for anyone.

Webstock, New Zealand, 2016

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.

Webstock_2016They 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 Blacklist – how to go on the run

Recently I did this interview for BBC Click to promote the third series of the excellent US spy series “The Blacklist”:

How to go on the run from Annie Machon on Vimeo.
The series is apparently huge in the USA – and I can see why, as it is good – but little known to date in the UK.

Courage Resignation

Half a year ago I was asked be the director of a new foundation that would raise funds to cover the legal costs of high-profile whistleblowers, journalist sources and associated cases.  Five months ago I announced the launch of the Courage Foundation to an audience of 6,000 at the CCC hackerfest in Hamburg:

This week I have resigned my position from the Courage Foundation.

Firstly, I find the current evolution of Courage incompatible with the way I work.

Secondly, I have so many other calls on my time, travelling constantly across Europe to speak at conferences around issues such as whistleblowers, the media, technology, surveillance, privacy, drug policy, human rights…. where to stop.

I wish the organisation all the best for the future. It is doing important work.

I shall also continue to speak out in support of whistleblowers and associated issues – how could I not?

30c3

Edward Snowden, Man of the Year

First published at RT Op-Edge.

When asked if Edward Snowden deserves to be the Man of the Year 2013, and I have been many times, my answer has to be a categorical, resounding YES.

Sure, it has been an eventful year and there are a lot of contenders. But Edward Snowden stands out for me for three key reasons:  his personal and conscious courage, the sheer scale of his disclosures and the continuing, global impact of what he did. Purely because of his actions we, the world’s citizens, are now able to have a discussion about the nature of our civilisation and potentially call a halt to the frightening slide into a global surveillance dystopia.

For the actions of Snowden have indeed laid bare the fact that we are living global crisis of civilisation .  To date it is estimated the we have only seen about 1% of the documents he disclosed –  the merest hint of the tip of a monstrous iceberg.  What further horrors await us in 2014 and beyond?

The Personal Risk

First of all, there is the personal aspect.  Snowden has said that he does not want to be the story, he wants the focus to remain on the information.  I respect that, but it is worth reminding ourselves of the scale of sacrifice this young man has made.  He had a well-paid job in Hawaii, an apparently happy relationship, and good career prospects. All this he threw away to alert the world to the secret, illegal and dystopian surveillance system that has stealthily been smothering the world.

But Snowden faced far more than merely throwing away a comfortable professional life. Over the last few years the US government, apparently learning well from its former colonial master the UK about the art of crushing of whistleblowers, has been waging a war against what it now deems the “insider threat” – ie persons of conscience who speak out. President Obama has used the Espionage Act (1917) to persecute and prosecute more whistleblowers than all previous presidents in total before him.

This is indeed a “war on whistleblowers”. John Kiriakou, a former CIA officer who refused to participate in the torture programme and then exposed, it is currently languishing in prison; Thomas Drake, an earlier NSA whistleblower, was threatened with 35 years in prison; young Chelsea Manning was maltreated in prison, faced a kangaroo court, and is currently serving a similar sentence for the exposure of hideous war crimes against civilians in the Middle East. And the list goes on.

So not only did Edward Snowden turn his back on his career, he knew exactly the sheer scale of the legal risk he was taking when he went public, displaying bravery very much above and beyond the call of duty.

The intelligence apologists in the media have inevitably  shouted “narcissism” about his brave step to out himself, rather than just leak the information anonymously.  However, these establishment windbags are the real narcissists. Snowden correctly assessed that, had he not put his name to the disclosures, there would have been a witch-hunt targeting his former colleagues and he wanted to protect them. Plus, as he said in his very first public interview, he wanted to explain why he had done what he had done and what the implications were for the world.

The Disclosures

The sheer scale and nature of the disclosures so far has been breathtaking, and they just keep coming. They show that a vast, subterranean surveillance state that has crept across the whole world, unknown and unchecked by the very politicians who are supposed to hold it to account. Indeed, not only have we learned that we are all under constant electronic surveillance, but these politicians are targeted too. This is a global secret state running amok and we are all now targets.

Only yesterday, Der Spiegel reported more egregious examples of how the spies bug us: hardware hacks, computer viruses and even microwave wavelengths attacking both our computers and us – tin foil hats might not be such a bad idea after all….

The Implications

Snowden’s disclosures have laid bare the fact that the internet has been thoroughly hacked, subverted and indeed militarised against we the people.  The basic freedom of privacy,  enshrined in the UN Declaration of Human Rights in the immediate aftermath of the Second World War, has been destroyed.

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, and certainly not a shadowy and unaccountable secret state.

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 state.

By risking his life, Edward Snowden has allowed us all to see exactly the scale of the threat now facing us and to allow us the opportunity to resist.  We all owe him a debt of gratitude, and it is our duty to ensure that his courage and sacrifice has not been in vain.

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.

Snowden, privacy and the CCC

Here’s an RT interview I did about the media response to Edward Snowden, the media response, privacy and what we can do.

Apt, as I am currently at the Chaos Communication Congress (CCC) in Hamburg, and shall be speaking about similar issues this evening.

Most UK media concertedly ignore Snowden revelations, under gov’t pressure from Annie Machon on Vimeo.

TPP – copyright versus free speech

First published by RT Op-Edge.

We, the citizens of the world, already owe NSA whistleblower Edward Snowden a huge debt of gratitude.  Even the limited publication of a few of the documents he disclosed to journalists has to date provoked a political and public debate in countries across the planet – and who knows what other nasties lurk in the cache of documents, yet to be exposed?

Thanks to Snowden, millions of people as well as many governments have woken up to the fact that privacy is the vital component of free societies.  Without that basic right we are unable to freely read, write, speak, plan and associate without fear of being watched, our every thought and utterance stored up to be potentially used against us at some nebulous future date.  Such panoptic global surveillance leads inevitably to self-censorship and is corrosive to our basic freedoms, and individual citizens as well as countries are exploring ways to protect themselves and their privacy.

As I and others more eminent have said before, we need free media to have a free society.

But even if we can defend these free channels of communication, what if the very information we wish to ingest and communicate is no longer deemed to be free?  What if we become criminalised purely for sharing such un-free information?

The global military security complex may be brutal, but it is not stupid. These corporatist elites, as I prefer to think of them, have seen the new medium of the internet as a threat to their profits and power since its inception. Which is why they have been fighting a desperate rearguard action to apply US patent and copyright laws globally.

Pirate_Bay_LogoThey began by going after music sharing sites such as Napster and imposing grotesque legal penalties on those trying to download a few songs they liked for free, then trying to build national firewalls to deny whole countries access to file sharing sites such as The Pirate Bay and persecuting its co-founder Anakata, mercifully failing to extradite Richard O’Dwyer from the UK to the US on trumped up charges for his signposting site to free media, and culminating in the take down of Megaupload and the illegal FBI attack against Kim Dotcom’s home in New Zealand last year.

But for all these high-profile cases of attempted deterrence, more and more people are sharing information, culture, and research for free on the internet. Using peer to peer technologies like Bittorrent and anonymising tools like Tor they are hard to detect, which is why the corporatist lobbyists demand the surveillance state develop ever more intrusive ways of detecting them, including the possibility of deep packet inspection. And of course once such invasive technologies are available, we all know that they will not only be used to stop “piracy” but will also be used against the people of the world by the military surveillance complex too.

But that is still not enough for the corporatists.  Largely US-based, they are now trying to flex their political muscle globally.  First the US claims that any site ending with a tier one US domain name (.com, .org, .net and .info) comes under US law – anywhere in the world – and can be taken down without warning or redress by a diktat from the US government.

More egregiously still, the US corporatists have been trying to impose their legal dominion globally via a series of secret regional trade agreements: ACTA, TTIP/TAFTA, SOPA, and now in the recently Wikileaked details of the Trans-Pacific Partnership (TPP) targeting the countries around the Pacific rim.

These agreements, written by corporate lobbyists, are so secret that the democratic representatives of sovereign countries are not even allowed to read the contents or debate the terms – they are just told to sign on the dotted line, effectively rubber-stamping legislation that is antithetical to the vast majority their citizens’ interests, which gives greater sovereign powers to the interests of the corporations than it does to nation states, and which will criminalise and directly harm the people of the world in the interests of the few.

One of the proposals is that multinational corporations can sue national governments for future lost profits based on patents not granted or environmental restrictions. This is nothing short of full-on corporatism where international law and global treaties serve a handful of large corporations to the detriment of national sovereignty, environmental health and even human life.

For by protecting “intellectual property” (IP), we are not just talking about the creative endeavours of artists. One does not need to be a lawyer to see the fundamental problematic assumptions in the goals as defined in the leaked document:

Enhance the role of intellectual property in promoting economic and social development, particularly in relation to the new digital economy, technological innovation, the transfer and dissemination of technology and trade;

This statement assumes that IP, a made-up term that confuses three very different areas of law, is by definition beneficial to society as a whole. No evidence for these claimed benefits is provided anywhere. As with “what-is-good-for-General-Motors-is-good-for-America” and the theory of ”trickle down” economics, the benefits are simply assumed and alternative models actively and wilfully ignored. The idea that most societies on the planet might vastly benefit from a relaxation of patent laws or the length of copyright is not even up for debate. This despite the fact that there is plenty of research pointing in that direction.

These secret proposed treaties will enforce patents that put the cost of basic pharmaceuticals beyond the reach of billions; that privatise and patent basic plants and food; and that prevent the sharing of cutting edge academic research, despite the fact that this is usually produced by publicly funded academics at our publicly funded universities.

The price, even today, of trying to liberate research for the public good can be high, as Aaron Swartz found out earlier this year.  After trying to share research information from MIT, he faced a witch hunt and decades in prison. Instead he chose to take his own life at the age of 26. How much worse will it be if TPP et al are ratified?

It is thanks to the high-tech publisher, Wikileaks, that we know the sheer scale of the recent TPP débacle.  It is also heartening to see so many Pacific rim countries opposing the overweening demands of the USA. Australia alone seems supportive – but then regionally it benefits most from its membership of the “Five Eyes” spy programme with America.

The intellectual property wars are the flip side of the global surveillance network that Snowden disclosed – it is a classic pincer movement.

hAs well as watching everything we communicate, the corporatists are also trying to control exactly what information we are legally able to communicate, and using this control as justification for yet more intrusive spying. It’s the perfect self-perpetuating cycle.

By curtailing the powers of the spy agencies, we could restore the internet to its original functionality and openness while maintaining the right to privacy and free speech – but maintaining a 20th century copyright/IP model at the same time is impossible. Or we could give up our privacy and other civil rights to allow specific protected industries to carry on coining it in. A last option would be to switch off the internet. But that is not realistic: modern countries could not survive a day without the internet, any more than they could function without electricity.

As a society we’re going through the painful realisation that we can only have two out of the three options. Different corporatist interest groups would no doubt make different choices but, along with the vast majority of the people, I opt for the internet and privacy as both a free channel for communication and the free transfer of useful information.

Like any social change (the abolition of slavery, universal suffrage), this is also accompanied by heated arguments, legal threats and repression, and lobbyist propaganda. But historically all this sound and fury will signify…. precisely nothing. Surely at some point basic civil rights will make a comeback, upheld by the legislature and protected by law enforcement.

The choice is simple: internet, privacy, copyright. We can only choose two, and I know which I choose.

European Parliament LIBE Inquiry on Electronic Mass Surveillance of EU Citizens

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

Biography:

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.

Background material:

Recommendations:

  • Meaningful parliamentary oversight of intelligence agencies, with full powers of investigation, at both national and European levels.
  • These same democratic bodies to provide a legitimate channel for intelligence whistleblowers to give their evidence of malfeasance, with the clear and realistic expectation that a full inquiry will be conducted, reforms applied and crimes punished.
  • Institute a discussion about the legal definition of national security, what the real threats are to the integrity of nation states and the EU, and establish agencies to work within the law to defend just that. This will halt international intelligence mission creep.
  • EU-wide implementation of the recommendations in the Echelon Report (2001):
  1. to develop and build key infrastructure across Europe that is immune from US governmental and corporatist surveillance; and
  2. “Germany and the United Kingdom are called upon to make the authorisation of further communications interception operations by US intelligence services on their territory conditional on their compliance with the ECHR (European Convention on Human Rights).”
  • The duty of the European parliament is to the citizens of the EU.  As such it should actively pursue technology policies to protect the privacy and basic rights of the citizens from the surveillance of the NSA and its vassals; and if it cannot, it should warn its citizens abut this actively and educate them to take their own steps to protect their privacy (such as no longer using certain Internet services or learning to use privacy enhancing technologies). Concerns such as the trust Europeans have in ‘e-commerce’ or ‘e-government’ as mentioned by the European Commission should be secondary to this concern at all times.
  • 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.

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.

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.