Have British Spies been hacking the EU?

First pub­lished by Con­sor­ti­um News.

Just after mid­night on 16 August I was called by LBC in Lon­don for a com­ment on a break­ing story on the front page of The Daily Tele­graph about Brit­ish spies hack­ing the EU. Even though I had just retired to bed, the story was just too irres­ist­ible, but a radio inter­view is always too short to do justice to such a con­vo­luted tale. Here are some longer thoughts.

For those who can­not get past the Tele­graph pay wall, the gist is that that the EU has accused the Brit­ish intel­li­gence agen­cies of hack­ing the EU’s side of the nego­ti­ations. Appar­ently some highly sens­it­ive and neg­at­ive slides about the Brit­ish Prime Minister’s plan for Brexit, the Chequers Plan, had landed in the lap of the Brit­ish gov­ern­ment, which then lob­bied the EU to sup­press publication.

Of course, this could be a genu­ine leak from the Brus­sels sieve, as Brit­ish sources are claim­ing (well, they would say that, wouldn’t they?). How­ever, it is plaus­ible that this is the work of the spies, either by recruit­ing a paid-up agent well-placed with­in the Brus­sels bur­eau­cracy, or through elec­tron­ic surveillance.

Before dis­miss­ing the lat­ter option as con­spir­acy the­ory, the Brit­ish spies do have form. In the run up to the Iraq war in 2003, the USA and UK were des­per­ate to get a UN Secur­ity Coun­cil res­ol­u­tion to invade Iraq, thus provid­ing a fig leaf of appar­ent legit­im­acy to the illeg­al war. How­ever, some coun­tries with­in the UN had their doubts and the USA asked Britain’s listen­ing post, GCHQ, to step up its sur­veil­lance game. Fore­warned is fore­armed in del­ic­ate inter­na­tion­al negotiations.

How do we know this? A brave GCHQ whis­tleblower called Kath­er­ine Gun leaked the inform­a­tion to The Observ­er. For her pains, she was threatened with pro­sec­u­tion under the dra­coni­an terms of the UK’s 1989 Offi­cial Secrets Act, and faced two years in pris­on. The case was only dropped three weeks before her tri­al was due to begin, partly because of the feared pub­lic out­cry, but mainly because her law­yers threatened to use the leg­al defence of “neces­sity” – a defence won only three years before dur­ing the case of MI5 whis­tleblower, Dav­id Shayler. Tan­gen­tially, a film is this year being made about Gun’s story.

We also have con­firm­a­tion from one of the early 2013 Edward Snowden dis­clos­ures that GCHQ had hacked its way into the Bel­ga­com net­work – the nation­al tele­com­mu­nic­a­tions sup­pli­er in Bel­gi­um. Even back then there was an out­cry from the EU bod­ies, wor­ried that the UK (and by exten­sion its closest intel­li­gence buddy the USA), would gain lever­age with stolen knowledge.

So, yes, it is per­fectly feas­ible that the UK could have done this, even though it was illeg­al back in the day. GCHQ’s inces­tu­ous rela­tion­ship with the America’s NSA gives it massively great­er cap­ab­il­it­ies than oth­er European intel­li­gence agen­cies, and the EU knows this well, which is why is is con­cerned to retain access to the UK’s defence and secur­ity powers post-Brexit, and also why it has jumped to these con­clu­sions about hacking.

But that was then and this is now. On 1st Janu­ary 2017 the UK gov­ern­ment finally signed a law called the Invest­ig­at­ory Powers Act, gov­ern­ing the leg­al frame­work for GCHQ to snoop. The IPA gave GCHQ the most dra­coni­an and invas­ive powers of any west­ern demo­cracy. Oth­er­wise known in the Brit­ish media as the “snoop­ers’ charter”, it had been defeated in Par­lia­ment for years, but Theresa May, then Home Sec­ret­ary, pushed it through in the teeth of leg­al and civil soci­ety oppos­i­tion. This year the High Court ordered the UK gov­ern­ment to redraft the IPA as it is incom­pat­ible with European law.

The IPA leg­al­ised what GCHQ had pre­vi­ously been doing illeg­ally post‑9/11, includ­ing bulk metadata col­lec­tion, bulk data hack­ing, and bulk hack­ing of elec­tron­ic devices.

It also notion­ally gave the gov­ern­ment great­er over­sight of the spies’ actions, but these meas­ures remain weak and offer no pro­tec­tion if the spies choose to keep quiet about what they are doing. So if GCHQ did indeed hack the EU, it is feas­ible that the For­eign Sec­ret­ary and the Prime Min­is­ter remained ignor­ant of what was going on, des­pite being leg­ally required to sign off on such oper­a­tions. In which case the spies would be run­ning amok.

It is also feas­ible that they were indeed fully briefed and an argu­ment could be made that they would be cor­rect to do so. GCHQ and the oth­er spy agen­cies are required to pro­tect “nation­al secur­ity and the eco­nom­ic well-being” of Great Bri­tain, and I can cer­tainly see a strong argu­ment could be made that they were doing pre­cisely that, provided they had pri­or writ­ten per­mis­sion for such a sens­it­ive oper­a­tion, if they tried to get advance intel­li­gence about the EU’s Brexit strategy.

This argu­ment becomes even more power­ful when you con­sider the prob­lems around the fraught issue of the bor­der between North­ern Ire­land and Ire­land, an issue about which the EU is being par­tic­u­larly intransigent. If a deal is not made then the 1998 Good Fri­day Agree­ment could be under threat and civil war might again break out in North­ern Ire­land. You can­not get much more “nation­al secur­ity” than that and GCHQ would be jus­ti­fied in this work, provided it has acquired the neces­sary leg­al sign-offs from its polit­ic­al masters.

How­ever, these argu­ments will do noth­ing to appease the enraged EU offi­cials. No doubt the UK gov­ern­ment will con­tin­ue to state that this was a leak from a Brus­sels insider and oil will, pub­licly at least, be seen to have been poured on troubled dip­lo­mat­ic waters.

How­ever, behind the scenes this will mul­tiply the mutu­al suspicion,and will no doubt unleash a witch hunt through the cor­ridors of EU power, with top civil ser­vant Martin Sel­mayr (aka The Mon­ster) cast as Witchfind­er Gen­er­al. With him on your heels, you would have to be a very brave leak­er, whis­tleblower, or even paid-up agent work­ing for the Brits to take such a risk.

So, per­haps this is indeed a GCHQ hack. How­ever jus­ti­fi­able this might be under the leg­ally neb­u­lous concept of “nation­al secur­ity”, this will pois­on fur­ther the already tox­ic Brexit nego­ti­ations. As Angela Merkal fam­ously if dis­en­gen­ously said after the Snowden rev­el­a­tion that the USA had hacked her mobile phone: “no spy­ing among friends”. But per­haps this is an out­dated concept – nor has the EU exactly been entirely friendly to Brexit Britain.

I am just wait­ing for the first hys­ter­ic­al claim that it was the Rus­si­ans instead or, fail­ing them, former Trump strategist-in-chief, Steve Ban­non, reportedly cur­rently on a mis­sion to build a divis­ive Alt-Right Move­ment across Europe…..

War on Drugs has failed — ENCOD Article

Below is an art­icle I recently wrote for the excel­lent European drug policy reform organ­isa­tion, European Coali­tion for Just and Effect­ive Drug PoliciesENCOD.  And here is the link to the ori­gin­al on the ENCOD website.

I have had the hon­our of serving as the European Dir­ect­or of Law Enforce­ment Against Pro­hib­i­tion (LEAP) for the last four years, and have been thrilled to over­see the estab­lish­ment of thriv­ing nation­al groups in the UK and Ger­many, with the pos­sib­il­ity of more on the hori­zon. In my view, law enforce­ment offers a unique and crit­ic­al voice to the inter­na­tion­al drug policy reform debate.

LEAP, foun­ded in 2002, today has over 150,000 sup­port­ers and speak­ers in 20 coun­tries. We con­sist of police officers, law­yers, judges, pris­on gov­ernors, pro­ba­tion officers, intel­li­gence and mil­it­ary per­son­nel, and even inter­na­tion­al drug czars. What unites us is a shared pro­fes­sion­al know­ledge, exper­i­enced across the full spec­trum of law enforce­ment, that drug pro­hib­i­tion has egre­giously failed.

Over the last 50 years glob­al drug use has expo­nen­tially increased, the potency of illeg­al drugs has increased, they are ubi­quit­ously avail­able, and the price of street drugs has gone through the floor. Faced with this inform­a­tion, how can our gov­ern­ments claim they are win­ning the “war on drugs” to cre­ate a “drug free world”?

Quite the oppos­ite – pro­hib­i­tion has enabled a glob­al and expo­nen­tially grow­ing black market.

I became aware of drug pro­hib­i­tion fail­ure while I was work­ing for MI5 back in the 1990s. One of my post­ings involved invest­ig­at­ing ter­ror­ist logist­ics, which meant that I had to work closely with UK Cus­toms across the UK. This exper­i­ence made me aware that the “war” had been lost. It also made me very aware, early on, that there was a massive over­lap between the illeg­al drug mar­ket and ter­ror­ist funding.

The US DEA estim­ates that over half the des­ig­nated ter­ror­ist groups around the world gain the bulk of their fund­ing from drugs money. So on the one hand pro­hib­it­ing drugs and fight­ing the “war on drugs” sends the mar­ket under­ground and the res­ult­ing massive profits provide a key rev­en­ue stream to ter­ror­ists, not least ISIS which con­trols part of the flow of heroin from cent­ral Asia into Europe. On the oth­er hand the West is also waging the “war on ter­ror” to fight these same groups.

So what our gov­ern­ments give the mil­it­ary-secur­ity com­plex with one hand, they also give with the other.

But is not all bad news. Coun­tries in Lat­in Amer­ica and states in North Amer­ica are leg­al­ising can­nabis, safe injec­tion rooms have rolled out across Europe, Canada is look­ing to leg­al­ise can­nabis, and the decrim­in­al­isa­tion of drugs has been hugely suc­cess­ful in coun­tries such as Por­tugal and the Czech Republic.

Even at the UN level, which recently held a once-in-a-gen­er­a­tion Gen­er­al Assembly Spe­cial Ses­sion in New York, the concept of harm reduc­tion is at least now being tabled by some coun­tries, although the pro­gress is glacial.

The times may not be chan­ging fast enough for many of us in the drug policy reform world, des­pite baby steps being made in the right dir­ec­tion by some coun­tries. Yet even the more pro­gress­ive coun­tries with­in the inter­na­tion­al com­munity are still con­strained by the leg­al straight jack­et that is the UN drug treaty framework.

And while harm reduc­tion is good pro­gress in that it no longer crim­in­al­ises those who choose to use, it utterly fails to address the big­ger prob­lem that I men­tioned before: that the crim­in­al­isa­tion of cer­tain drugs drives the mar­ket under­ground, provid­ing huge profits to organ­ised crime car­tels and ter­ror­ist groups around the world every year. Pro­hib­i­tion has unleashed the biggest crime wave the world has ever seen. As with alco­hol pro­hibiton in 20th cen­tury Amer­ica, only leg­al­isa­tion and reg­u­la­tion will remove this mar­ket from the greedy grasp of criminals.

I have just watched a old BBC News­night debate between comedi­an and act­or, Rus­sell Brand, and right-wing writer and com­ment­at­or, Peter Hitchens. The debate encap­su­lated the entrenched pos­i­tions of both the reform­ist and pro­hib­i­tion­ist camps. The former was rep­res­en­ted by Brand, a former drug user in recov­ery, advoc­at­ing abstin­ence-based ther­apy. The lat­ter by Hitchens, an anti-drug war­ri­or largely approach­ing the issue from a mor­al­ity pos­i­tion, who argued that tak­ing drugs is a crime and that all such crimes should be pro­sec­uted as a deterrence.

While nat­ur­ally I lean more towards the pos­i­tion of Brand, who two years ago elec­tri­fied a rather tur­gid annu­al UN Com­mis­sion on Nar­cot­ic Drugs meet­ing in Vienna by call­ing for full drug leg­al­isa­tion, and also while respect­ing his per­son­al exper­i­ences, I do think he’s miss­ing a trick.

Yes, those with drug depend­en­cies need help and com­pas­sion not pris­on, but the vast major­ity of those who choose to use do so recre­ation­ally, just for fun, and nev­er devel­op an addic­tion, just as only a minor­ity of those who choose to drink go on to devel­op alco­hol­ism. And yet the para­met­ers of the drug debate rarely stray bey­ond the well-worn issue of “prob­lem” users, both amongst reform­ist as well as pro­hib­i­tion­ist circles. We do not call all drink­ers alco­hol­ics so why, in the pub­lic dis­course, are all users of oth­er drugs clumped togeth­er as “addicts” in high-pro­file debates?

As for Hitchens, I remain baffled. He seems to think that all laws are immut­able, graven in stone with words from on high, and as such must there­fore be strictly enforced. This is tosh. All laws change and evolve to reflect the chan­ging mores of the soci­et­ies which write them. If this were not to hap­pen, we in the West would still burn witches, own slaves, not allow women to vote, out­law homo­sexu­al­ity and, in Amer­ica of course, alco­hol would remain pro­hib­ited. Yet now, all these out­dated, unjust, and cruel laws have been swept away,

In 2014 LEAP pub­lished a Pro­posed Amend­ment of the UN Treat­ies, in which we argue that all drugs should be brought with­in the orbit of the World Health Organ­isa­tion Frame­work Con­ven­tion on Tobacco Con­trol (2003). We argue that only full reg­u­la­tion and con­trol of the drug mar­ket will end the scourge of the illeg­al glob­al drug trade. Until this hap­pens at least $320 bil­lion per year profits will con­tin­ue to bene­fit only crime car­tels and ter­ror­ist organisations.

The “war on drugs” has failed.

Albert Ein­stein, who was not exactly a dullard, said that the very defin­i­tion of insan­ity was to con­tin­ue to do the same thing, even if it repeatedly fails, in the hope that you will even­tu­ally get a dif­fer­ent out­come. That is what we are see­ing with prohibition.

It is time for this insan­ity to cease.

UN Ruling on Assange Case

Here is an inter­view I did for RT today as the news broke that the UN Work­ing Group on Arbit­rary Deten­tion would announce tomor­row the find­ings of its report into the Juli­an Assange case.

The BBC appar­ently repor­ted today that the rul­ing would be in Assange’s favour.

RT Inter­view re Assange UN Rul­ing from Annie Machon on Vimeo.

War on drugs meets terrorism

Last month I had the pleas­ure of attend­ing the bien­ni­al Drug Policy Alli­ance shindig in Wash­ing­ton on behalf of Law Enforce­ment Against Pro­hib­i­tion (www​.leap​.cc).  We also held our annu­al LEAP board meet­ing ahead of the DPA, and it was great to have the chance to catch up again with my fel­low directors.

I’ve been the European Dir­ect­or for LEAP for a while now and am thrilled to say that LEAP Ger­many launched (LEAP_DE_Launch_Article) last Septem­ber in the Bundestag in Ber­lin, with some seni­or police officers, law­yers and judges as the found­ing mem­bers.  LEAP UK is also up and run­ning and will be hold­ing an offi­cial launch event early next year, so watch this space.

While in Wash­ing­ton all the dir­ect­ors were inter­viewed about our spe­cif­ic areas of interest around the failed war on drugs.  Here is a video of former pro­sec­utor, Inge Fryklund, and myself dis­cuss­ing the links between the war on drugs and terrorism:

LEAP Dir­ect­ors dis­cuss link between the war on drugs and ter­ror­ism from Annie Machon on Vimeo.

Next year we have UNGASS in April in New York — the UN Gen­er­al Assembly Spe­cial Ses­sion — the first such since 1998 when the UN decided it would achieve a drug free world by 2008.

Well, that was obvi­ously a raging suc­cess, as drugs are cheap­er, more eas­ily access­ible and more potent than ever before in the key con­sumer areas such as North Amer­ica and Europe, while whole regions of the world com­pris­ing the pro­du­cer and trans­it coun­tries are being decim­ated by the viol­ence attend­ant on the drug trade as organ­ised crime car­tels and ter­ror­ism fight for con­trol of a highly luc­rat­ive trade.

UNGASS 2015 should provide the world with a chance to rethink this failed policy of pro­hib­i­tion.  Cer­tainly the tone has shif­ted since 1998 to at least an under­stand­ing of the bene­fits with­in some con­sumer coun­tries of de-pen­al­isa­tion of drug use — those who choose to use their pre­ferred sub­stance are no longer crim­in­al­ised, and the estim­ated 15% who go on to devel­op depend­en­cies are in many West­ern coun­tries now offered health inter­ven­tions rather than prison.

How­ever, from our law enforce­ment per­spect­ive, this still leaves the drug trade in the hands of organ­ised crime and ter­ror­ist organ­isa­tions such as ISIS. The UN has itself vari­ously put the annu­al illeg­al drug trade profits at any­where between $320 bil­lion and half a tril­lion dol­lars per year. This is the biggest crime wave the world has ever seen, and we need the UN to devel­op some joined-up think­ing and pro­duce a rad­ic­al and effect­ive policy to deal with it: reg­u­late, con­trol and tax.

Keeping Abreast of Privacy Issues

In the wake of the Edward Snowden dis­clos­ures about endem­ic glob­al sur­veil­lance, the rather thread­bare old argu­ment about “if you have done noth­ing wrong and have noth­ing to hide, you have noth­ing to fear” has been trot­ted out by many Big Broth­er apologists.

But it’s not about doing any­thing wrong, it’s about hav­ing an enshrined right to pri­vacy — as recog­nised in the Uni­ver­sal Declar­a­tion of Human Rights agreed in 1948.  And this was enshrined in the wake of the hor­rors of World War 2, and for very good reas­on.  If you are denied pri­vacy to read or listen, if you are denied pri­vacy to speak or write, and if you are denied pri­vacy about whom you meet and see, then free­dom has died and total­it­ari­an­ism has begun.

Those were the les­sons learned from the growth of fas­cism in the 1930s and 1940s.  If you lose the right to pri­vacy, you also lose the abil­ity to push back against dic­tat­or­ships, cor­rupt gov­ern­ments, and all the attend­ant horrors.

How quickly we for­get the les­sons of his­tory: not just the rights won over the last cen­tury, but those fought and died for over cen­tur­ies. We recent gen­er­a­tions in the West have grown too bloated on ease, too fin­an­cially fat and socially com­pla­cent, to fully appre­ci­ate the freedoms we are cas­u­ally throw­ing away.

body_armourSo what sparked this mini-rant? This art­icle I found in my Twit­ter stream (thanks @LossofPrivacy). It appears that a US police depart­ment in Detroit has just sent out all the tra­di­tion­ally vital stat­ist­ics of its female officers to the entire depart­ment — weight, height and even the bra size of indi­vidu­al female police officers have been shared with the staff, purely because of an email gaffe.

Well people make mis­takes and hit the wrong but­tons. So this may not sound like much, but appar­ently the women in ques­tion are not happy, and rightly so. In the still macho envir­on­ment of law enforce­ment, one can but cringe at the “josh­ing” that followed.

Put­ting aside the obvi­ous ques­tion of wheth­er we want our police officers to be tooled up like Rob­ocop, this minor débâcle high­lights a key point of pri­vacy. It’s not that one needs to hide one’s breasts as a woman — they are pretty much obvi­ous for chris­sakes — but does every­one need to know the spe­cif­ics, or is that per­son­al inform­a­tion one step too far? And as for a woman’s weight, don’t even go there.….

So these cops in Detroit, no doubt all up-stand­ing pil­lars of their com­munit­ies, might have learned a valu­able les­son. It is not a “them and us” situ­ation — the “them” being “ter­ror­ists”, act­iv­ists, com­mun­ists, lib­er­als, Teabag­gers — whatever the theme du jour hap­pens to be.

It is about a fun­da­ment­al need for pri­vacy as human beings, as the Duch­ess of Cam­bridge also dis­covered last year. This is not just about height, bra size or, god for­bid, one’s weight. This is about big­ger issues if not big­ger boobs. We all have some­thing we want kept private, be it bank state­ments, bonk­ing, or bowel movements.

How­ever, with endem­ic elec­tron­ic sur­veil­lance, we have already lost our pri­vacy in our com­mu­nic­a­tions and in our daily routines — in Lon­don it is estim­ated that we are caught on CCTV more than 300 times a day just going about our daily business.

More import­antly, in this era of fin­an­cial, eco­nom­ic and polit­ic­al crises, we are los­ing our free­dom to read and watch, to speak and meet, and to protest without fear of sur­veil­lance. It is the Stas­i’s wet dream, real­ised by those unas­sum­ing chaps (and obvi­ously the chapesses with boobs) in law enforce­ment, the NSA, GCHQ et al.

But it is not just the nation state level spies we have to worry about. Even if we think that we could not pos­sibly be import­ant enough to be on that par­tic­u­lar radar (although Mr Snowden has made it abund­antly clear that we all are), there is a bur­geon­ing private sec­tor of cor­por­ate intel­li­gence com­pan­ies who are only too happy to watch, infilt­rate and destabil­ise social, media and protest groups. “Psy­ops” and “astro-turf­ing” are ter­ri­fy­ing words for any­one inter­ested in human rights, act­iv­ism and civil liber­ties. But this is the new reality.

So, what can we do? Let’s remem­ber that most law enforce­ment people in the var­ied agen­cies are us — they want a stable job that feels val­ued, they want to provide for their fam­il­ies, they want to do the right thing. Reach out to them, and help those who do have the cour­age to speak out and expose wrong­do­ing, be it law enforce­ment pro­fes­sion­als speak­ing out against the failed “war on drugs” (such as those in LEAP) or intel­li­gence whis­tleblowers expos­ing war crimes, illeg­al sur­veil­lance and torture.

Thomas_PaineBut also have the cour­age to protest and throw the tired old argu­ment back in the faces of the secur­ity proto-tyr­ants. This is what the found­ing fath­ers of the USA did: they risked being hanged as trait­ors by the Brit­ish Crown in 1776, yet they still made a stand. Using the “sedi­tious” writ­ings of Tom Paine, who ended up on the run from the UK, they had the cour­age to speak out, meet up and fight for what they believed in, and they pro­duced a good first attempt at a work­able democracy.

Unfor­tu­nately, the USA estab­lish­ment has long been cor­rup­ted and sub­ver­ted by cor­por­at­ist interests. And unfor­tu­nately for the rest of the world, with the cur­rent geo-polit­ic­al power bal­ance, this still has an impact on most of us, and provides a clear example of how the chan­ging polit­ic­al land­scape can shift the goal posts of “accept­able” beha­viour — one day your are an act­iv­ist wav­ing a plac­ard, the next you are poten­tially deemed to be a “ter­ror­ist”.

But also remem­ber — we are all, poten­tially, Tom Paine. And as the end­less, neb­u­lous, and frankly largely bogus “war on ter­ror” con­tin­ues to rav­age the world and our demo­cra­cies, we all need to be.

In this post-PRISM world, we need to take indi­vidu­al respons­ib­il­ity to pro­tect our pri­vacy and ensure we have free media. At least then we can freely read, write, speak, and meet with our fel­low cit­izens. We need this pri­vacy to be the new res­ist­ance to the creep­ing total­it­ari­an­ism of the glob­al elites.

Read the sem­in­al books of Tom Paine (while you still can), weep, and then go forth.….

With thanks to my moth­er for the title of this piece. It made me laugh.

OHM 2013 — Geeks and Drugs

ohm2013_logoAs I have men­tioned before, the Dutch geek­fest Observe, Hack, Make (OHM 2013) was not just a chance for geeks to play with cool tech toys, the whole event also had a very strong polit­ic­al track. While there was inev­it­ably a lot of focus on whis­tleblow­ing in the wake of the Snowden dis­clos­ures, anoth­er speak­er track attrac­ted a lot of atten­tion: glob­al drug policy and the fail­ure of prohibition.

This was a track I sug­ges­ted and I was pleased that three speak­ers were giv­en the chance to dis­cuss this on the main stage. While com­ing to the sub­ject from rad­ic­ally dif­fer­ent per­spect­ives and exper­i­ences, the under­ly­ing mes­sage of all three was that the “war on drugs” was an abject fail­ure that caused massive and increas­ing harm to the glob­al population.

John Gilmore was first up. John made his dosh dur­ing the tech boom, and has since spent sig­ni­fic­ant sums try­ing to reform the failed drug policies with­in his home coun­try, the good ol’ US of A. Of course, there, it was always going to be an uphill battle.  The USA is the foun­tain head of pro­hib­i­tion, ram­ming the drug con­ven­tions of 1961, 1971, and 1988 through the United Nations by brute dip­lo­mat­ic force.

To this day, the US remains the key power ensur­ing that the UN upholds these con­ven­tions, des­pite the fact that the policy of pro­hib­i­tion has mani­festly failed, des­pite the fact that many coun­tries have exper­i­mented suc­cess­fully with harm reduc­tion and decrim­in­al­isa­tion of per­son­al use, and des­pite the fact that these laws are from a dif­fer­ent era and are wildly out of date — in the 1960s HIV and AIDS had yet to emerge, and rap­idly mutat­ing “leg­al highs” were unknown.

And let’s not for­get that the USA is the world’s biggest con­sumer coun­try of drugs. It is Amer­ica that drives this illeg­al mar­ket. And it is in Amer­ica that 20 states have leg­al­ised the medi­cin­al use of can­nabis, and two states have fully leg­al­ised the use even, gasp, purely for pleas­ure. The hypo­crisy is breathtaking.

But change is afoot. Primar­ily, I believe, because the USA no longer needs the “war on drugs” as a pre­text for invading/interfering with oth­er coun­tries, now it has the “war on ter­ror”. But also because of the excel­lent work of research and edu­ca­tion­al civil soci­ety groups. The Beckley Found­a­tion, set up by Aman­da Feild­ing in 1998, is one such.

Aman­da gave an excel­lent talk, focus­ing on the dual nature of Beckley’s work: policy and sci­entif­ic research. Her view is that sound nation­al and inter­na­tion­al policy can­not be developed unless it is based on evid­ence, research and facts. Yet the cur­rent “war on drugs” has become almost an art­icle of faith that too many politi­cians are afraid to challenge.

Beckley aims to provide the research and the facts. It funds and estab­lishes sci­entif­ic research that enables lead­ing sci­ent­ists, such as Pro­fess­or Dav­id Nutt in the UK, to research the poten­tial thera­peut­ic bene­fits of cur­rently illeg­al drugs, and also to assess the dif­fer­ent soci­et­al harms caused by all drugs, both licit and illi­cit. To date, the pro­hib­i­tion ortho­doxy has inhib­ited free sci­entif­ic research to the det­ri­ment of many people across the planet.

Aman­da was pleased to be able to announce two new research pro­jects just start­ing in the UK, into the poten­tial thera­peut­ic bene­fits of psilo­cybin (magic mush­rooms) and LSD. Beckley has also recently com­mis­sioned a cost bene­fit ana­lys­is of the leg­al­isa­tion of (only) can­nabis is the UK. The res­ults will be form­ally announced in Septem­ber, so for now I shall con­fine myself to say­ing that they are encouraging.

Using such research, Beckley is thus in a pos­i­tion to advise gov­ern­ments about devel­op­ing fact-base policy. One of the key areas of the world invest­ig­at­ing poten­tially bene­fi­cial altern­at­ives to pro­hib­i­tion is Lat­in Amer­ica, and Aman­da has developed close work­ing rela­tion­ships with a num­ber of gov­ern­ments across the region.

And under­stand­ably so — Lat­in Amer­ica, as one of the key pro­du­cer regions of the world, has been rav­aged by the drug wars. Viol­ent organ­ised crime car­tels have grown so wealthy and power­ful that they can sub­vert whole coun­tries, cor­rupt gov­ern­ments and law enforce­ment, and ter­ror­ise whole pop­u­la­tions in their quest to dom­in­ate the illeg­al drugs trade.

In Mex­ico, since the war on drugs was ramped up 7 years ago, it is estim­ated that over 70,000 inno­cent people have been kid­napped, tor­tured and killed in drug-related viol­ence. Many have simply been disappeared.

Finally I also did a talk at OHM as the European dir­ect­or of Law Enforce­ment Against Pro­hib­i­tion (LEAP).

LEAP is a unique voice in the glob­al drug policy debate. The organ­isa­tion, only 11 years old, has over 100,000 sup­port­ers and a pres­ence in 120 coun­tries. We con­sist of police officers, judges, law­yers, pris­on gov­ernors, intel­li­gence per­son­nel, and even drug czars. What unites us is a shared pro­fes­sion­al know­ledge, exper­i­enced across the spec­trum of drug law enforce­ment, that pro­hib­i­tion has egre­giously failed.

Over the last 50 years drug use has expo­nen­tially increased, the potency of illeg­al drugs has increased, they are ubi­quit­ously avail­able, and the price of street drugs has gone through the floor. Faced with this inform­a­tion, how can our gov­ern­ments claim they are win­ning the “war on drugs” to cre­ate a “drug free world”? Quite the oppos­ite — pro­hib­i­tion has enabled a glob­al and expo­nen­tially grow­ing black market.

I became aware of the drug pro­hib­i­tion fail­ure while I was work­ing for MI5. One of my post­ings involved invest­ig­at­ing ter­ror­ist logist­ics, which meant that I had to work closely with UK Cus­toms across the UK. This exper­i­ence made me very aware that the “war” had been lost.  It also made me very aware, early on, that there was a massive over­lap between the illeg­al drug mar­ket and ter­ror­ist funding.

The US DEA estim­ates that over half of the des­ig­nated ter­ror­ist groups around the world gain the bulk of their fund­ing from drugs money. So on the one hand pro­hib­it­ing drugs and fight­ing the “war on drugs” sends the mar­ket under­ground and that black money provides a key rev­en­ue stream to the ter­ror­ists. On the oth­er hand the West is also waging the “war on ter­ror”.  What they give with one hand they take away with another.

One stark example of this is the cur­rent melt-down in Libya — coun­try that was “grate­fully” lib­er­ated by NATO two years ago. The dic­tat­or was tor­tured and killed, MI6 and the CIA were help­ing the “spon­tan­eous” rebels. the infra­struc­ture was ruined, and the bulk of the coun­try is now run by ban­dit mili­tias which bru­tal­ise the inhab­it­ants pr impose hard-line Islam­ism on them. Many pre­dicted this would hap­pen, includ­ing myself.

What was not pre­dicted was the explo­sion in the drug trade. Over the last dec­ade west­ern Africa has become one of the main trans­it regions between the pro­du­cer coun­tries (Lat­in Amer­ica) and the con­sumer coun­tries in Europe. It now appears that this luc­rat­ive trade has not only res­ul­ted in destabil­ising coun­tries, lead­ing to viol­ent narco-states such as Mali and Guinea-Bis­sau, the trade has also become a stream of income to Al Qaeda affil­i­ated groups in Libya. Which is bad for west­ern secur­ity, is bad for the sta­bil­ity of Libya, but is also bad for the people of Libya, where there has reportedly been an explo­sion of drug use and rock­et­ing infec­tions of HIV.

There have been many suc­cess­ful attempts to alle­vi­ate the pen­al­isa­tion of drug users in many European coun­tries — Por­tugal, the Neth­er­lands and Switzer­land spring to mind. Because of more lib­er­al decrim­in­al­isa­tion laws, all these coun­tries have seen a decrease in drug use and asso­ci­ated crime, plus good health out­comes and the free­ing up of law enforce­ment resources across the spec­trum to go for the drug traders.

How­ever, we in LEAP would argue that only full reg­u­la­tion, con­trol and tax­a­tion of the drug mar­ket will deal with the scourge of the inter­na­tion­al drug trade. Until that hap­pens, this glob­al trade, estim­ated by even the UN at being worth between $320 bil­lion and $500 bil­lion per year, will only profit organ­ised crime car­tels and ter­ror­ist organisations.

The “war on drugs” has failed. Albert Ein­stein said that the very defin­i­tion of insan­ity was to con­tin­ue to do the same, even if it repeatedly fails, in the hope that you will even­tu­ally get a dif­fer­ent out­come. That is what we are see­ing with prohibition.

And the geek com­munity under­stand this too. Of course they do, they are sci­ent­ists. I was heartened by their interest and by their response. Let’s all cam­paign to end this insanity.

Here is a video of my talk at OHM on the subject:

LEAP — End­ing the war on drugs and people (OHM 2013) from Annie Machon on Vimeo.

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Dearlove Doublethink

Pub­lished on Con­sor­ti­um News, RT Op-Edge, and The Real News Net­work.

In a sen­sa­tion­al art­icle in a UK news­pa­per last week­end, the former head of the UK’s for­eign intel­li­gence gath­er­ing agency, MI6, appears to have broken the code of omer­tà around the fraud­u­lent intel­li­gence case used as the pre­text for the Iraq war in 2003.

DearloveSir Richard Dear­love, former head of MI6 and cur­rent Mas­ter of Pem­broke Col­lege, Cam­bridge, con­tac­ted the UK’s Mail on Sunday news­pa­per to state that he had writ­ten his ver­sion of the (ab)use of intel­li­gence in the run-up to the US/UK inva­sion of Iraq.  With the long-awaited and much-delayed offi­cial Chil­cot Enquiry into the case for war about to be pub­lished, Dear­love is obvi­ously aware that he might be blamed for the “sex­ing up” of the intel­li­gence, and that Teflon Tony Blair might once again shuffle off all responsibility.

You’ll no doubt have some vague recol­lec­tion that, in the run-up to the 2003 Iraq War, the Brit­ish gov­ern­ment pro­duced a couple of reports “mak­ing a case for war”, as Major Gen­er­al Michael Laurie said in his evid­ence to the enquiry in 2011: “We knew at the time that the pur­pose of the [Septem­ber] dossier was pre­cisely to make a case for war, rather than set­ting out the avail­able intel­li­gence, and that to make the best out of sparse and incon­clus­ive intel­li­gence the word­ing was developed with care.”

The first such report, the Septem­ber Dossier (2002), is the one most remembered, as this did indeed “sex up” the case for war as the deceased Iraqi weapons inspect­or Dr Dav­id Kelly exposed. It also included the fraud­u­lent intel­li­gence about Sad­dam Hus­sein try­ing to acquire urani­um from Niger. It was this lat­ter claim that Colin Pow­ell used to such great effect at the UN Secur­ity Council.

Rupert_Murdoch

Also, just six weeks before the attack on Iraq, the “Dodgy” Dossier, based largely on a 12-year old PhD thes­is culled from the Inter­net, but con­tain­ing nug­gets of raw MI6 intel­li­gence — was presen­ted by spy and politi­cian alike as omin­ous pre­mon­it­ory intelligence.

Most mem­or­ably in the UK, it led to the bogus “Brits 45 minutes from Doom” front-page head­line in Rupert Mur­doch’s The Sun news­pa­per, no less, on the eve of the cru­cial war vote in Parliament.

Inter­est­ingly from a Brit­ish leg­al pos­i­tion, it appears that Tony Blair and his spin doc­tor Alastair Camp­bell released this report without the pri­or writ­ten per­mis­sion of the head of MI6, which means that they would appear to be in breach of the UK’s dra­coni­an secrecy law, the Offi­cial Secrets Act (1989).

Thus was made the dodgy case for war.  All lies — mil­lions of deaths and many more maimed, wounded, and dis­placed, yet no one held to account.

Sub­sequently, there was also the notori­ous leaked Down­ing Street Memo, where Sir Richard Dear­love was minuted as say­ing that the intel­li­gence and facts were being fit­ted around the [pre­de­ter­mined war] policy.

On July 23, 2002 at a meet­ing at 10 Down­ing Street, Dear­love briefed Tony Blair and oth­er seni­or offi­cials on his talks with his Amer­ic­an coun­ter­part, CIA Dir­ect­or George Ten­et, in Wash­ing­ton three days before.

In the draft minutes of that brief­ing, which were leaked to the Lon­don Times and pub­lished on May 1, 2005, Dear­love explains that George Bush had decided to attack Iraq and the war was to be “jus­ti­fied by the con­junc­tion of ter­ror­ism and weapons of mass destruc­tion.”  While then-For­eign Sec­ret­ary Jack Straw points out that the case was “thin,” Dear­love explains mat­ter-of-factly, “the intel­li­gence and facts are being fixed around the policy.”

Tony_BlairThere is no sign in the minutes that any­one hic­cuped — much less demurred — at ”mak­ing a case for war” and fur­ther­ing Blair’s determ­in­a­tion to join Bush in launch­ing the kind of “war of aggres­sion” out­lawed by the post-world war Nurem­berg Tribunal and the UN treaty.

The acqui­es­cence of the chief spies helped their polit­ic­al mas­ters main­line into the body polit­ic unas­sessed, raw intel­li­gence and forged doc­u­ments, with dis­astrous con­sequences for the people of Iraq and the world.

Yet Dear­love long remained unre­pent­ant. Even as recently as 2011, post-retire­ment and bloated with hon­ours, he con­tin­ued to deny culp­ab­il­ity. When ques­tioned about the Down­ing Street Memo dur­ing an address to the pres­ti­gi­ous Cam­bridge Uni­ver­sity Uni­on Soci­ety by the fear­less and fear­somely bright stu­dent, Silkie Carlo, Dear­love tried grandi­loquently to brush her aside.

But were the remarks in the Memo really “taken out of con­text” as Dear­love tried to assert? No – the text of the Memo was clear and explicit.

So Dear­love could poten­tially have saved mil­lions of lives across the Middle East if he had gone pub­lic then, rather than now as he is threat­en­ing, with his con­sidered pro­fes­sion­al opin­ion about the intel­li­gence facts being fit­ted around a pre­con­ceived war policy.

Would it not be lovely if these retired ser­vants of the crown, replete with respect, status and hon­ours, could actu­ally take a stand while they are in a pos­i­tion to influ­ence world events?

Doing so now, purely to pre­serve his repu­ta­tion rather than to pre­serve lives, is even more “eth­ic­ally flex­ible” than you would nor­mally expect of an aver­age MI6 intel­li­gence officer. Per­haps that is why he floated to the top of the organisation.

Dear­love is right to be wor­ried about how both Chil­cot and his­tory will judge him.  These intel­li­gence fail­ures and lies have been picked over and spec­u­lated about for years. They are an open secret.

But hold­ing the gun of dis­clos­ure to the UK gov­ern­ment’s head smacks of des­per­a­tion.  He is quoted as say­ing that he has no plans to breach the Offi­cial Secrets Act by pub­lish­ing his mem­oirs. But by pub­lish­ing an account of the run-up to the Iraq war, he would be still guilty of a breach of the OSA. It has been estab­lished under UK law that any unau­thor­ised dis­clos­ure crosses the “clear bright line” of the law. And Dear­love seems well aware of this – his ori­gin­al plan was for his account to be made avail­able after his death.

Rectum_DefendeI can see why he would plan that – firstly he would not risk pro­sec­u­tion under the dra­coni­an terms of the OSA, but his account would, in his view, set the record straight and pro­tect his repu­ta­tion for pos­ter­ity.  A posthum­ous win-win.

The offi­cial motto of the UK spies is “Regnum Defende” — defence of the realm. Serving intel­li­gence officers mord­antly alter this to “Rectum Defende” — politely trans­lated as watch your back.

Dear­love seems to be liv­ing up to the motto.  He must be one very frightened old man to be con­tem­plat­ing such pre­ma­ture publication.

With cred­it and thanks to former CIA ana­lyst, cur­rent truth-tell­er and gen­er­al pain in the “regnum” to the intel­li­gence estab­lish­ment, Ray McGov­ern, and also Sander Venema for his eleg­antly clas­sic­al rework­ing of the final image.

MI6 “ghost money”

Here’s the full art­icle about MI6 “ghost money”, now also pub­lished at the Huff­ing­ton Post UK:

Afghan Pres­id­ent Ham­id Kar­zai, has recently been cri­ti­cised for tak­ing “ghost money” from the CIA and MI6. The sums are inev­it­ably unknown, for the usu­al reas­ons of “nation­al secur­ity”, but are estim­ated to have been tens of mil­lions of dol­lars. While this is nowhere near the eyebleed­ing $12 bil­lion shipped over to Iraq on pal­lets in the wake of the inva­sion a dec­ade ago, it is still a sig­ni­fic­ant amount.

And how has this money been spent?  Cer­tainly not on social pro­jects or rebuild­ing ini­ti­at­ives.  Rather, the report­ing indic­ates, the money has been fun­nelled to Kar­zai’s cronies as bribes in a cor­rupt attempt to buy influ­ence in the country.

None of this sur­prises me. MI6 has a long and ignoble his­tory of try­ing to buy influ­ence in coun­tries of interest.  In 1995/96 it fun­ded a “ragtag group of Islam­ic extrem­ists”, headed up by a Liby­an mil­it­ary intel­li­gence officer, in an illeg­al attempt to try to assas­sin­ate Col­on­el Gad­dafi.  The attack went wrong and inno­cent people were killed.  When this scan­dal was exposed, it caused an outcry.

Yet a mere 15 years later, MI6 and the CIA were back in Libya, provid­ing sup­port to the same “rebels”, who this time suc­ceeded in cap­tur­ing, tor­tur­ing and killing Gad­dafi, while plunging Libya into appar­ently end­less interne­cine war. This time around there was little inter­na­tion­al out­cry, as the world’s media por­trayed this aggress­ive inter­fer­ence in a sov­er­eign state as “human­it­ari­an relief”.

And we also see the same in Syr­ia now, as the CIA and MI6 are already provid­ing train­ing and com­mu­nic­a­tions sup­port to the rebels — many of whom, par­tic­u­larly the Al Nusra fac­tion in con­trol of the oil-rich north-east of Syr­ia are in fact allied with Al Qaeda in Iraq.  So in some coun­tries the UK and USA use drones to tar­get and murder “mil­it­ants” (plus vil­la­gers, wed­ding parties and oth­er assor­ted inno­cents), while in oth­ers they back ideo­lo­gic­ally sim­il­ar groups.

Recently we have also seen the West­ern media mak­ing unveri­fied claims that the Syr­i­an régime is using chem­ic­al weapons against its own people, and our politi­cians leap­ing on these asser­tions as jus­ti­fic­a­tion for openly provid­ing weapons to the insur­gents too. Thank­fully, oth­er reports are now emer­ging that indic­ate it was the rebels them­selves who have been using sar­in gas against the people. This may halt the rush to arms, but not doubt oth­er sup­port will con­tin­ue to be offered by the West to these war criminals.

So how is MI6 secretly spend­ing UK tax­pay­ers’ money in Afgh­anistan? Accord­ing to west­ern media report­ing, it is being used to prop up war­lords and cor­rupt offi­cials. This is deeply unpop­u­lar amongst the Afghan people, lead­ing to the danger of increas­ing sup­port for a resur­gent Taliban.

There is also a sig­ni­fic­ant over­lap between the cor­rupt polit­ic­al estab­lish­ment and the illeg­al drug trade, up to and includ­ing the pres­id­ent’s late broth­er, Ahmed Wali Kar­zai.  So, anoth­er unin­ten­tion­al con­sequence may be that some of this unac­count­able ghost money is prop­ping up the drug trade.

Afgh­anistan is the world’s lead­ing pro­du­cer of heroin, and the UN reports that poppy growth has increased dra­mat­ic­ally. Indeed, the UN estim­ates that acre­age under poppy growth in Afgh­anistan has tripled over the last 7 years.  The value of the drug trade to the Afghan war­lords is now estim­ated to be in the region of $700 mil­lion per year.  You can buy a lot of Kalash­nikovs with that.

So on the one hand we have our west­ern gov­ern­ments bank­rupt­ing them­selves to fight the “war on ter­ror”, break­ing inter­na­tion­al laws and mur­der­ing mil­lions of inno­cent people across North Africa, the Middle East, and cent­ral Asia while at the same time shred­ding what remain of our hard-won civil liber­ties at home.

On the oth­er hand, we appar­ently have MI6 and the CIA secretly bank­rolling the very people in Afgh­anistan who pro­duce 90% of the world’s heroin. And then, of course, more scarce resources can be spent on fight­ing the failed “war on drugs” and yet anoth­er pre­text is used to shred our civil liberties.

This is a luc­rat­ive eco­nom­ic mod­el for the bur­geon­ing mil­it­ary-secur­ity complex.

How­ever, it is a lose-lose scen­ario for the rest of us.

LEAP Interview on The Real News Network, October 2012

I par­ti­cip­ated in the Law Enforce­ment Against Pro­hib­i­tion (LEAP) board meet­ing last Octo­ber in Bal­timore. While there, I arranged for board mem­bers to do a series of inter­views about the failed glob­al “war on drugs” with the excel­lent and inde­pend­ent Real News Net­work.

The tide of his­tory is with us — more and more coun­tries are speak­ing out about the fail­ure of pro­hib­i­tion.  LEAP sup­ports and con­trib­utes to this discussion.

LEAP has rep­res­ent­at­ives across the world with a wide range of pro­fes­sion­al expert­ise: police officers, drug czars, judges, pris­on gov­ernors, law­yers, drug enforce­ment officers, and even the occa­sion­al former spook.…

Our var­ied exper­i­ences and back­grounds have brought us to one con­clu­sion: we all assess the “war on drugs” to have been an abject fail­ure that causes more glob­al soci­et­al harm than good, as well as fund­ing organ­ised crime, ter­ror­ism and white col­lar bank crime.

We urgently need to rethink the failed UN drug conventions.

Here is the RNN inter­view I par­ti­cip­ated in, along with Brazili­an Judge Maria Lucia Karam: