Jihadi John and MI5

So this week the mur­der­ous beheader of the Islamic State, “Jihadi John”, has been unmasked.  His real iden­tity is appar­ently Mohammed Emwazi, born in Kuwait and now a Brit­ish cit­izen who was raised and edu­cated in west London

Much sound, fury and heated debate has been expen­ded over the last couple of days about how he became rad­ic­al­ised, who was to blame, with MI5 once more cast in the role of vil­lain. In such media sound-bite dis­cus­sions it is all too easy to fall into facile and polar­ised argu­ments. Let us try to break this down and reach a more nuanced  understanding.

First up is the now-notorious press con­fer­ence hos­ted by the cam­paign­ing group, Cage, in which the Research Dir­ector, Asim Qure­shi , claimed that MI5 har­ass­ment of Emwazi was the reason for his rad­ic­al­isa­tion. Emwazi had com­plained to Cage and appar­ently the Met­ro­pol­itan Police that over the last six years MI5 had approached him and was pres­sur­ising him to work as an agent for them. Accord­ing to Cage, this har­ass­ment lead to Emwazi’s radicalisation.

Yet recruit­ment of such agents is a core MI5 func­tion, some­thing it used to do with sub­tlety and some suc­cess, by identi­fy­ing people within groups who poten­tially could be vul­ner­able to induce­ments or pres­sure to report back on tar­get organ­isa­tions.  In fact, Brit­ish intel­li­gence used to be much more focused on gath­er­ing “HUMINT”.  The very best intel­li­gence comes from an (ideally) will­ing but at least co-operative human agent: they are mobile, they can gain the trust of and con­verse with tar­gets who may be wary of using elec­tronic com­mu­nic­a­tions, and they can be tasked to gather spe­cific intel­li­gence rather than wait­ing for the lucky hit on intercept.

MI5 used to be good at this — spend­ing time to really invest­ig­ate and identify the right recruit­ment tar­gets, with a con­sidered approach towards mak­ing the pitch.

How­ever, it appears since 9/11 and the start of the bru­tal “war on ter­ror” that two prob­lems have evolved, both of which ori­gin­ated in Amer­ica. Firstly, Brit­ish intel­li­gence seems to have fol­lowed their US coun­ter­parts down a moral helter-skelter, becom­ing re-involved in counter-productive and bru­tal activ­it­ies such as kid­nap­ping, intern­ment and tor­ture. As MI5 had learned at least by the 1990s, such activ­it­ies inev­it­ably res­ult in blow-back, and can act as a recruit­ing drum to the ter­ror­ist cause of the day.

(Tan­gen­tially, the Home Office also instig­ated the Pre­vent pro­gramme — in concept to counter rad­ical Islam in vul­ner­able social com­munit­ies, but in prac­tice used and abused by the author­it­ies to intim­id­ate and coerce young Muslims in the UK.)

Secondly, Brit­ish intel­li­gence seems over the last dec­ade to have blindly fol­lowed the US spies down the path of pan­op­tican, drag-net elec­tronic sur­veil­lance.  All this has been long sus­pec­ted by a few, but con­firmed to the many by the dis­clos­ures of Edward Snowden over the last couple of years. Indeed it seems that GCHQ is not merely com­pli­cit but an act­ive facil­it­ator and ena­bler of the NSA’s wilder ideas.  And what we now know is hor­rific enough, yet it cur­rently remains just the tip of the iceberg.

This deluge of inform­a­tion cre­ates gar­gan­tuan hay­stacks within which some genu­ine intel­li­gence needles might reside — to use the ter­min­o­logy of the spy agency cheer­lead­ers. How­ever, it con­cur­rently swamps the intel­li­gence agen­cies in use­less inform­a­tion, while also cer­tainly throw­ing up a per­cent­age of false-positives.  Bear­ing in mind the sheer scale of the leg­ally dubi­ous snoop­ing, even a 0.001% of false pos­it­ives could poten­tially pro­duce thou­sands of erro­neous leads.

Curi­ous people now have a world of inform­a­tion at their fin­ger­tips. They may click on an intriguing link and find them­selves on a rad­ical web­site; even if they click out quickly, the pan­op­ticon will have logged their “interest”. Or they could donate money to an appar­ently legit­im­ate char­ity; “like” the wrong thing on Face­book; fol­low the wrong per­son on Twit­ter; have their email hacked, or whatever.…

The Big Brother Borg algorithms will crunch through all of this inform­a­tion pre­dict­ably and pre­dict­ively, with sub­tleties lost and mis­takes made. Mind you, that happened in a more lim­ited fash­ion too at the height of the Cold War sub­ver­sion para­noia in Bri­tain in the 1970s and 1980s, when school­boys writ­ing to the Com­mun­ist Party HQ for inform­a­tion for school pro­jects could end up with a MI5 file, and divor­cing couples could denounce each other.  But at least, then, whole pop­u­la­tions were not under surveillance.

I think this may go some way towards explain­ing so many recent cases where “lone wolf” attack­ers around the world have been known to their national intel­li­gence agen­cies and yet been left to roam free, either dis­coun­ted as too low level a threat in the flood of inform­a­tion or oth­er­wise sub­jec­ted to bungled recruit­ment approaches.

In the ana­logue era much time, research and thought would go into identi­fy­ing per­sons of interest, and more cru­cially how to approach a tar­get either for dis­rup­tion or recruit­ment.  I should think that the spy super-computers are now throw­ing up so many pos­sible leads that approaches are made in a more hur­ried, ill-informed and less con­sidered way.

And this can res­ult in cases such as Michael Ade­bolayo whom MI5 approached and allegedly har­assed years before he went on to murder Drum­mer Lee Rigby in Wool­wich in 2013. The same may well have happened with Mohammed Emwazi. Once someone has been tar­geted, they are going to feel para­noid and under sur­veil­lance, whether rightly or wrongly, and this might res­ult in grow­ing resent­ment and push them into ever more extreme views.

How­ever, I would sug­gest that MI5 remains merely the tool, fol­low­ing the dir­ect­ives of the UK gov­ern­ment in response to the ever-expanding, ever-nebulous war on ter­ror, just as MI6 fol­lowed the dir­ect­ives of the Blair gov­ern­ment in 2003 when it allowed its intel­li­gence to be politi­cised as a pre­text for an illegal war in Iraq. MI5 might be an occa­sional cata­lyst, but not the under­ly­ing cause of radicalisation.

Unfor­tu­nately, by immers­ing itself in the now-overwhelming intel­li­gence detail, it appears to be miss­ing the big­ger pic­ture — just why are young Brit­ish people tak­ing an interest in the events of the Middle East, why are so many angry, why are so many drawn to rad­ical views and some drawn to extreme actions.

Surely the simplest way to under­stand their griev­ances is to listen to what the extrem­ist groups actu­ally say? Osama Bin Laden was clear in his views — he wanted US mil­it­ary bases out of Saudi Ara­bia and US med­dling across the Middle East gen­er­ally to stop; he also wanted a res­ol­u­tion to the Palestinian conflict.

Jihadi John states in his ghastly snuff videos that he is met­ing out hor­ror to high­light the hor­rors daily inflic­ted across the Middle East by the US mil­it­ary — the bomb­ings, drone strikes, viol­ent death and mutilation.

To hear this and under­stand is not to be a sym­path­iser, but is vital if west­ern gov­ern­ments want to develop a more intel­li­gent, con­sidered and poten­tially more suc­cess­ful policies in response. Once you under­stand, you can nego­ti­ate, and that is the only sane way for­ward. Viol­ence used to counter viol­ence always escal­ates the situ­ation and every­one suffers.

The USA still needs to learn this les­son. The UK had learned it, res­ult­ing in the end of the war in North­ern Ire­land, but it now seems to have been for­got­ten. It is not rocket sci­ence — even the former head of MI5, Lady Manningham-Buller, has said nego­ti­ation is the only suc­cess­ful long-term policy when deal­ing with terrorism.

Along with the UK, many other European coun­tries have suc­cess­fully nego­ti­ated their way out of long-running domestic ter­ror­ist cam­paigns. The tragedy for European coun­tries that have recently or will soon suf­fer the new model of “lone wolf” atro­cit­ies, is that our gov­ern­ments are still in thrall to the failed US for­eign policy of “the war on ter­ror”, repeated daily in gory tech­ni­col­our across North Africa, the Middle East, cent­ral Asia, and now Ukraine.

Global jihad is the inev­it­able response to USA global expan­sion­ism, hege­mony and aggres­sion. As long as our gov­ern­ments and intel­li­gence agen­cies in Europe kow­tow to Amer­ican stra­tegic interests rather than pro­tect those of their own cit­izens, all our coun­tries will remain at risk.

The war on drugs funds terrorism

Here is a short excerpt from a panel dis­cus­sion I took part in after the Lon­don première of the new cult anti-prohibition film, “The Cul­ture High”. This is an amaz­ing film that pulls together so many big issues around the failed global 50 year policy of the war on drugs. I ser­i­ously recom­mend watch­ing it.

Also in the clip: Brett Har­vey (the dir­ector of the film) Niamh East­wood (the dir­ector of Release) Jason Reed (exec­ut­ive dir­ector of the nas­cent LEAP UK — watch this space) and comedian and compere Rufus Hound.

wod

The Ottawa Shootings — my RT interview

Yes­ter­day I was asked to do an inter­view on RT in the imme­di­ate after­math of the Ott­awa shoot­ings. As I said, there needs to be a full forensic invest­ig­a­tion, and I would hope that the gov­ern­ment does not use this ter­rible crime as a pre­text for yet fur­ther erosion of con­sti­tu­tional rights and civil liber­ties. Calm heads and the rule of law need to prevail.

ottowa

ISIS and Western intelligence role in the Middle East

Here is my recent inter­view on RT London’s flag­ship news show, “Going Under­ground”, dis­cuss­ing ISIS, Syria and wider west­ern intel­li­gence inter­ven­tions in the Middle East:

rt_going_underground.cleaned

The New Terrorism

First pub­lished on RT Op-Edge

Two hor­rors have dwelt in my mind for the last twenty years, ever since I read reports about ter­ror­ist groups while an impres­sion­able young intel­li­gence officer. The first involves the use of power tools as instru­ments of tor­ture; drills, indus­trial sanders, angle grinders. This is no secret now and the meme has been much used and abused by Hol­ly­wood and series such as “24”, but I still feel uncom­fort­able every time I am dragged into the “boy toy” sec­tion of a home improve­ment mega-store.

The second has recently hit the news as a grim res­ult of ISIS, the ultra-violent Sunni sect that has swept across much of Syria and Iraq, impos­ing the most dra­conian form of Sharia law in its wake upon the hap­less cit­izens of formerly sec­u­lar states.  I pity the poor women, and I pity still more the men of these com­munit­ies faced with the option of sub­mis­sion or grue­some murder.

For this is the other image that haunts me: in 1995 six west­ern tour­ists were abduc­ted by a Kash­miri sep­ar­at­ist group, Al Faran. One of the abduct­ees, a Nor­we­gian called Hans Chris­tian Ostro, was found decap­it­ated, his head had been hacked off with a knife. The sheer hor­ror,  the ter­ror the poor man must have exper­i­enced, has haunted me ever since.

You can prob­ably see where I am going with this. I have not watched, nor do I have any inten­tion of ever watch­ing, the ISIS video of the grue­some murder of US journ­al­ist James Foley, whether the Met­ro­pol­itan Police deems it a crime to do so or not. I just feel hor­ror, again, and a deep well of sor­row for what his fam­ily and friends must be going through now.

Yet this is noth­ing new — we have known for months that ISIS has been behead­ing and cru­ci­fy­ing people as they ram­page across Syria and Iraq. There has been a steady stream of del­ic­ately pix­il­ated heads on spikes in the west­ern media, and the out­rage has been muted.

And indeed, such behead­ings have long been car­ried out and filmed dur­ing the earlier insur­gen­cies in Iraq — I remem­ber a young film maker friend who had stumbled across just such a sick pro­pa­ganda video way back in 2007 — he could not sleep, could not rid his mind of the images either.

It is bar­bar­ity pure and simple, but it is also effect­ive within the bound­ar­ies of its aims.

So, what are these aims? I just want to make two points before the West gets swept up in a new wave of out­rage to “bomb the bas­tards” for behead­ing an Amer­ican — after all, many hun­dreds if not thou­sands of people across the Middle East have already suffered this fate, to lack of any mean­ing­ful West­ern outcry.

Firstly, ISIS has clear aims (indeed it pub­lished its five-year plan to great media deri­sion a couple of months ago). It is effect­ively using hideous bru­tal­ity and pro­pa­ganda to spread ter­ror ahead of its war front — this is a 21st cen­tury blitzkrieg, and it’s work­ing. The sheer hor­ror of what they do to any who attempt to res­ist is so great that appar­ently whole armies aban­don their weapons, banks have been left to be raided to the tune of half a bil­lion dol­lars, and entire vil­lages flee.

This is the pure defin­i­tion of ter­ror­ism, and we can see that it is work­ing. ISIS is doing all this to build a new state. or caliphate, in the way that their warped fun­da­ment­al­ist inter­pret­a­tion of reli­gion sets out for them.

Secondly, and here’s the con­ten­tious bit, how pre­cisely is this dif­fer­ent from the ter­ror that the Israelis have been vis­it­ing upon the many inno­cents killed in Gaza?  The Dahiya Doc­trine of dis­pro­por­tion­ate viol­ence to stun and quash res­ist­ance was exposed by Wikileaks — the Israeli “shock and awe”.  And also, how is this dif­fer­ent from what the US has been met­ing out to the peoples of Yemen, Somalia, Pakistan and Afgh­anistan over the last few years with their drone attacks?

All the above examples show strong mil­it­ary forces, ideo­lo­gic­ally motiv­ated, unleash­ing viol­ence and ter­ror on a huge, dis­pro­por­tion­ate scale on inno­cent pop­u­la­tions that have nowhere really to run.

The dif­fer­ence being? ISIS wields its own knives, does its own dirty work, and proudly films its grot­esque bru­tal­ity to cow its oppon­ents. This is prim­it­ive ter­ror­ism inter­sect­ing with social media, a bas­tard spawn of the 21st cen­tury.  And it still seems to be effect­ive, just as ter­ror of the guil­lot­ine res­on­ated through­out revolu­tion­ary France in the 18th century.

On the other hand, the US and Israel prefer to be a bit more coy about their ter­ror­istic strategies, hid­ing behind such phrases as “pro­por­tion­ate”, “self-defence”, “pre­ci­sion bomb­ing” and “spread­ing demo­cracy”. But who, ser­i­ously, falls for that these days?

Their armed forces are not dir­ectly get­ting their hands dirty with the blood of their vic­tims: instead, spotty young con­scripts safely hid­den in bunkers on the far side of the world, mete out death from the skies via sick snuff video games  — offi­cially called “pre­ci­sion” bombs and drone attacks that take out whole fam­il­ies. Heads can be blown off, bod­ies evis­cer­ated, limbs mangled and maimed, and all from a safe distance.

We had the first proof of this strategy with the decryp­ted mil­it­ary film “Col­lat­eral Murder”, where heli­copter pilots shot up some Reu­ters journ­al­ists and civil­ians in Iraq in 2007. That was bad enough — but the cover-up stank. For years the Pentagon denied all know­ledge of this atro­cious war crime, and it was only after Wikileaks released the inform­a­tion, provided by the brave whis­tleblower Chelsea Man­ning, that the fam­il­ies and the inter­na­tional com­munity learned the truth. Yet it is Man­ning, not the war crim­in­als, who is serving a 35 year sen­tence in a US prison.

Worse, by sheer scale at least, are the ongo­ing, wide-ranging unmanned drone attacks across the Middle East and Cent­ral Asia, as cata­logued by the Bur­eau of Invest­ig­at­ive Journ­al­ism in the UK. Many thou­sands of inno­cents have been murdered in these attacks, with the US jus­ti­fy­ing the strikes as killing “mil­it­ants” — ie any male over the age of 14.  The US is mur­der­ing chil­dren, fam­il­ies, wed­ding parties and vil­lage coun­cils with impunity.

And then the infam­ous pro­vi­sions of the US NDAA 2012. This means that the US mil­it­ary can extra-judicially murder any­one, includ­ing US cit­izens, by drone strike any­where in the world with no trial, no judi­cial pro­cess. And so it has come to pass.  Amer­ican Anwar Al Awlaki was murdered in 2011 by a drone strike.

Not con­tent with that, only weeks later the US mil­it­ary then blew his 16 year old son to pieces in another drone strike. Abdulrah­man — a child — was also an Amer­ican cit­izen. How, pre­cisely, is this atro­city not mor­ally equi­val­ent to the murder of James Foley?

So what is the real, qual­it­at­ive dif­fer­ence between the ter­ror engendered by ISIS, or by the Dahiya Doc­trine, or by the US drone strike pro­gramme? Is it just that ISIS does the dirty, hands on, and spreads its mes­sage shame­lessly via social media, while the US does the dirty in secret and pro­sec­utes and per­se­cutes any­one who wants to expose its egre­gious war crimes?

I would sug­gest so, and the West needs to face up to its hypo­crisy. A crime is a crime. Ter­ror­ism is terrorism.

Oth­er­wise we are no bet­ter than the polit­ical drones in George Orwell’s “1984”, rewrit­ing his­tory in favour of the vic­tors rather than the vic­tims, acqui­es­cing to eternal war, and hap­pily mouth­ing Newspeak.

New Ter­ror­ism, anyone?

Niemoeller Redux

Pub­lished on RT Op Edge and Con­sor­tium News.

I reg­u­larly revisit the fam­ous Pas­tor Mar­tin Niemoeller poem from the Nazi era as his words remain res­on­ant in our post-9/11, “war on ter­ror” world. Over the last week threads of vari­ous alarm­ing stor­ies have con­verged, so here is my latest update:

First they came for the Muslims, but I was not a Muslim so did not speak up.

Then they came for the whis­tleblowers, but I was not a whis­tleblower so did not speak up.

Then they came for the “domestic extrem­ists”, but I was not an act­iv­ist so did not speak up.

And when they came for me, there was nobody left to speak up for me.

Allow me to explain this cur­rent ver­sion. Reg­u­lar read­ers of this web­site will be well aware of my hor­ror at the global rape of basic human rights in the West’s fight against the “war on ter­ror” since 9/11: the kid­nap­pings, the tor­ture, the CIA presidentially-approved weekly assas­sin­a­tion lists, the drone bomb­ings, the illegal wars.…

All these meas­ures have indeed tar­geted and ter­ror­ised the Muslim com­munity around the world. In the UK I have heard many stor­ies of Brit­ish Muslims wary of attend­ing a fam­ily event such as a wed­ding of their cous­ins in Pakistan or wherever, in case they get snatched, tor­tured or drone bombed.

Now it appears that even Brit­ish cit­izens who choose to donate to UK char­it­ies offer­ing human­it­arian relief in war zones such as Syria can be arres­ted under counter-terrorism laws.

moazzam_beggMoazzam Begg, the dir­ector of Cage (the UK NGO cam­paign­ing about the com­munity impact of the war on ter­ror) was again seized last week. As I have writ­ten before, this is a man who has already exper­i­enced the hor­rors of Bagram air­base and Guantanamo. When he was released he became a cam­paigner for oth­ers in the same plight and set up the Cage cam­paign which has gained quite some trac­tion over the last few years.

Over a year ago he vis­ited Syria on a fact-finding mis­sion, invest­ig­at­ing those who had been sum­mar­ily detained and tor­tured in the con­flict. Last Decem­ber he had his pass­port seized on spuri­ous grounds He wrote about this trip quite openly, and yet now, a year on, has been arres­ted and charged with “train­ing ter­ror­ists and fund rais­ing” in Syria. This is a high-profile cam­paigner who oper­ates in the full glare of the media. How cred­u­lous does one have to be to believe that Begg, after all his exper­i­ences and run­ning this cam­paign, is now involved in “ter­ror­ism”?  Really, anyone?

Since then other people involved in Brit­ish char­it­ies offer­ing aid to the dis­placed peoples of Syria have also been scooped up. But this is just affect­ing the Brit­ish Muslim com­munity, right? There’s “no smoke without fire”, and it does not impinge the lives of most people in the UK, so there has been no wide­spread outcry.…

.…so nobody speaks up.

Then we have the ongo­ing “war on whis­tleblowers” that I have dis­cussed extens­ively. This affects every sec­tor of soci­ety in every coun­try, but most ser­i­ously affects whis­tleblowers emer­ging from cent­ral gov­ern­ment, the mil­it­ary and the intel­li­gence agen­cies. They are the ones most likely to wit­ness the most hein­ous crimes, and they are the ones auto­mat­ic­ally crim­in­al­ised by secrecy laws.

This is most appar­ent in the UK, where the Offi­cial Secrets Act (1989) spe­cific­ally crim­in­al­ises whis­tleblow­ing, and in the USA, where Pres­id­ent Obama has invoked the 1917 Espi­on­age Act against whis­tleblowers more times than all other pres­id­ents com­bined over the last cen­tury. If that is not a “war on whis­tleblowers”, I don’t know what is.

This, of course, is a para­noid over-reaction to the work of Wikileaks, and the brave actions of Chelsea Man­ning and Edward Snowden. This is what Obama’s gov­ern­ment deems to be the “insider threat”.  Yet it is only through greater trans­par­ency that we can oper­ate as informed cit­izens; it is only through greater account­ab­il­ity that we can hope to obtain justice. And in this era, when we are routinely lied into illegal wars, what could be more import­ant?

But intel­li­gence and mil­it­ary whis­tleblowers are rare, spe­cial­ised and easy to stig­mat­ise as the “other” and now, the insider threat — not quite of the nor­mal world. The issues they dis­close can seem a bit remote, not linked to most people’s daily experiences.…

.…so nobody speaks up.

But now to my third revamped line of the Pas­tor Niemoeller poem: the act­iv­ists or, to use cur­rent police ter­min­o­logy, the “domestic extrem­ists”. This, surely, does impinge on more people’s exper­i­ence of life. If you want to go out and demon­strate against a war, in sup­port of Occupy, for the envir­on­ment, whatever, you are surely exer­cising your demo­cratic rights as cit­izens, right?

Er, well no, not these days. I have writ­ten before about how act­iv­ists can be crim­in­al­ised and even deemed to be ter­ror­ists by the police (think Lon­don Occupy in 2011 here). I’m think­ing of the ongo­ing Brit­ish under­cover cop scan­dal which con­tin­ues to rumble on.

For those of you out­side the UK, this is a scan­dal that erup­ted in 2010. There is was a sec­tion of secret police who were infilt­rated into act­iv­ist groups under secret iden­tit­ies to live the life, report back, and even poten­tially work as ena­blers or agents pro­vocateurs. As the scan­dal has grown it appears that some of these cops fathered chil­dren with their tar­gets and spied on the griev­ing fam­il­ies of murder victims.

This sounds like the East Ger­man Stasi, but was hap­pen­ing in the UK in the last couple of dec­ades. A gov­ern­ment enquiry has just been announced and many old cases against act­iv­ists will be reviewed to see if tar­nished “evid­ence” was involved in the tri­als and sub­sequent convictions.

But again this does not affect most people bey­ond the act­iv­ist community.…

.…so nobody speaks up.

jesselyn_radackNow, people who have always assumed they have cer­tain pro­tec­tions because of their pro­fes­sions, such as law­yers and journ­al­ists, are also being caught in this drag­net. Julian Assange’s law­yer, Jen­nifer Robin­son, dis­covered she was on a flight watch list a few years ago. More recently Jes­selyn Radack, human rights dir­ector of the US Gov­ern­ment Account­ab­il­ity Pro­ject and legal advisor to Edward Snowden, was stopped and inter­rog­ated at the UK border.

And just this week a Dutch invest­ig­at­ive journ­al­ist, Brenno de Winter, was unable to do his job since his name was placed on alert in all national gov­ern­ment build­ings. The police accused him of hacking-related crimes and burg­lary. They had to retract this when the smear cam­paign came to light.

Brenno has made his name by free­dom of inform­a­tion requests from the Dutch pub­lic sec­tor and his sub­sequent invest­ig­a­tions, for which he was named Dutch Journ­al­ist of the Year in 2011. Hardly sub­ver­sion, red in tooth and claw, but obvi­ously now deemed to be an exist­en­tial, national secur­ity threat to the Netherlands.

Nor is this a Dutch prob­lem — we have seen this in the US, where journ­al­ists such as James Risen and Bar­rett Brown have been houn­ded merely for doing their jobs, and the Glenn Greenwald’s part­ner, David Mir­anda, was detained at Lon­don Heath­row air­port under counter-terrorism laws.

Journ­al­ists, who always some­what com­pla­cently thought they had spe­cial pro­tec­tions in West­ern coun­tries, are being increas­ingly tar­geted when try­ing to report on issues such as pri­vacy, sur­veil­lance, whis­tleblower dis­clos­ures and wars.

Only a few are being tar­geted now, but I hope these cases will be enough to wake the rest up, while there is still the chance for them to take action.…

.…before there is nobody left to speak up for us.

NSA industrial espionage

In the wake of the recent ARD inter­view with Edward Snowden, here are my com­ments on RT yes­ter­day about the NSA’s involve­ment in indus­trial espi­on­age:

NSA’s big nose in big busi­ness from Annie Machon on Vimeo.

I recom­mend look­ing at the Edward Snowden’s sup­port web­site, and also keep an eye open for a new found­a­tion that will be launched next month: Cour­age — the fund to pro­tect journ­al­istic sources.

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.

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.

Andrew Parker, the 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.

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.

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.

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.

Another abuse of UK terrorism laws

First pub­lished on RT Op-Edge.

David Mir­anda had just spent a week in Ber­lin, before fly­ing back to his home coun­try, Brazil, via London’s Heath­row air­port. As he attemp­ted to transit on to his flight home — not enter the UK, mind you, just make an inter­na­tional con­nec­tion -  he was pulled to one side by the UK’s bor­der secur­ity officers and ques­tioned for nine hours, as well as hav­ing all his tech­nical equip­ment confiscated.

Glenn Greenwald and his partner David MirandaHe was detained for the max­imum period allowed under the dra­conian terms of Sched­ule 7 of the UK’s Ter­ror­ism Act (2000).  His appar­ent “crime”? To be the part­ner of cam­paign­ing journ­al­ist Glenn Gre­en­wald who broke the Edward Snowden whis­tleblow­ing stories.

Miranda’s deten­tion has caused out­rage, rightly, around the world. Dip­lo­matic rep­res­ent­a­tions have been made by the Brazilian gov­ern­ment to the Brit­ish, UK MPs are ask­ing ques­tions, and The Guard­ian news­pa­per (which is the primary pub­lisher of  Greenwald’s stor­ies), has sent in the lawyers.

This epis­ode is troub­ling on so many levels, it is dif­fi­cult to know where to begin.

Magna_CartaFirstly, the Ter­ror­ism Act (2000) is designed to invest­ig­ate, er, ter­ror­ism — at least, so you would think. How­ever it is all too easy for mis­sion creep to set in, as I have been say­ing for years.  The defin­i­tion of ter­ror­ism has expan­ded to cover act­iv­ists, plac­ard wavers, and pro­test­ers as well as, now appar­ently, the part­ners of journ­al­ists.  The old under­stand­ing of due legal pro­cess is merely yet another quaint, Brit­ish arte­fact like the Magna Carta and habeas cor­pus.

In the UK we now have secret courts cov­er­ing all things “national secur­ity”, we have per­vas­ive Big Brother sur­veil­lance as exem­pli­fied by GCHQ’s TEMPORA pro­gramme, and we have our spies involved in kid­nap­ping and tor­ture.

So Sched­ule 7 of the Ter­ror­ism Act is just another small nail in the coffin of his­toric Brit­ish freedoms. Under its terms, any­one can be pulled aside, detained and ques­tioned by bor­der secur­ity guards if they are “sus­pec­ted of” involve­ment in, the com­mis­sion­ing of, or fin­an­cial sup­port for ter­ror­ism. The detainee is not allowed to speak to a law­yer, nor are they allowed not to answer ques­tions, on pain of crim­inal pro­sec­u­tion. Plus their prop­erty can be indef­in­itely seized and ran­sacked, includ­ing com­puters, phones, and other gadgets.

Under Sched­ule 7 people can be ques­tioned for a max­imum of 9 hours. After that, the author­it­ies either have to apply for a formal exten­sion, charge and arrest, or release. Accord­ing to a UK gov­ern­ment doc­u­ment, 97% people are ques­tioned for less than 1 hour then released and only 0.06% are held for six hours.  Mir­anda was held up until the last minute of the full nine hours before being released without charge.

Secondly, this abuse of power dis­plays all too clearly the points that Edward Snowden has dis­closed via Gre­en­wald about a bur­geon­ing and out-of-control sur­veil­lance state. The deten­tion of Mir­anda dis­plays all the obsess­ive vin­dict­ive­ness of a wounded secret state that is buzz­ing around, angry as a wasp. Snowden has the pro­tec­tion of the only state cur­rently with the power to face down the brute might of US “dip­lomacy”, and Gre­en­wald still has the shreds of journ­al­ist pro­tec­tions around him.

Friends and part­ners, how­ever, can be seen as fair game.

I know this from bit­ter per­sonal exper­i­ence. In 1997 former MI5 intel­li­gence officer, David Shayler, blew the whistle on a whole range of UK spy crimes: files on gov­ern­ment min­is­ters, illegal phone taps, IRA bombs that could have been pre­ven­ted, inno­cent people in prison, and an illegal MI6 assas­sin­a­tion plot against Gad­dafi, which went wrong and inno­cent people died.

Work­ing with a major UK news­pa­per and with due respect for real national secrets, he went pub­lic about these crimes.  Pre-emptively we went on the run together, so that we could remain free to argue about and cam­paign around the dis­clos­ures, rather than dis­ap­pear­ing into a max­imum secur­ity prison for years. After a month on the run across Europe, I returned to the UK to work with our law­yers, see our trau­mat­ised fam­il­ies, and pack up our smashed-up, police-raided flat.

Annie_arrest_BWIn Septem­ber 1997 I flew back with my law­yer from Spain to Lon­don Gatwick. I knew that the Met­ro­pol­itan Police Spe­cial Branch wanted to inter­view me, and my law­yer had nego­ti­ated this ahead of my travel.  Des­pite this, I was arres­ted at the immig­ra­tion desk by six heav­ies, and car­ted off to a counter-terrorism suite at Char­ing Cross police sta­tion in cent­ral Lon­don, where I was inter­rog­ated for six hours.

At that point I had done noth­ing more than sup­port David. As another ex-MI5 officer I agreed that the spies needed greater over­sight and account­ab­il­ity, but actu­ally my arrest was because I was his girl­friend and going after me would be lever­age against him. But is got worse — two days later Shayler’s two best friends and his brother were arres­ted on flag­rantly trumped-up charges. None of us was ever charged with any crime, but we were all kept on police bail for months.

Look­ing back, our treat­ment was designed to put more pres­sure on him and “keep him in his box” — it was pure intim­id­a­tion. Journ­al­ists and stu­dents were also threatened, har­assed, and in one case charged and con­victed for hav­ing the temer­ity to expose spy crimes dis­closed by Shayler. To this day, none of the crim­in­als in the UK intel­li­gence agency has ever been charged or convicted.

So the threats and intim­id­a­tion around the Snowden case, and the deten­tion of Greenwald’s part­ner, are old, old tac­tics. What is new is the sheer scale of blatant intim­id­a­tion, the sheer bru­tish force. Des­pite the full glare of global inter­net and media cov­er­age, the US and UK spooks still think they can get away with this sort of intim­id­a­tion. Will they? Or will we, the global cit­izenry, draw a line in the sand?

Oh, and let’s not for­get the sheer hypo­crisy as well — the US con­demns Snowden for seek­ing refuge in Rus­sia, and cas­tig­ates that coun­try for its civil rights record on cer­tain issues. Be that as it may, the US estab­lish­ment should look to the log in its own eye first — that one of its young cit­izens faces the death sen­tence or life-long incar­cer­a­tion for expos­ing (war) crimes against the global com­munity as well as the country’s own constitution.

There is an internationally-recognised legal pre­ced­ent from the Nurem­burg Nazi tri­als after World War 2: “just fol­low­ing orders” is not a defence under any law, par­tic­u­larly when those orders lead to vic­tim­isa­tion, war crimes and gen­o­cide.  The UK bor­der guards, as well as the inter­na­tional intel­li­gence com­munit­ies and mil­it­ary, would do well to heed that power­ful les­son from history.

So this overzeal­ous use of a law to detain the part­ner of a journ­al­ist merely trav­el­ling through the UK should make us all pause for thought. The West has long inveighed against total­it­arian regimes and police states. How can they not recog­nise what they have now become? And how long can we, as cit­izens, con­tinue to turn a blind eye?