I recently took part in a debate about the old versus the new “alternative” media and their relative merits on RT’s Crosstalk with Peter Lavelle:
I recently took part in a debate about the old versus the new “alternative” media and their relative merits on RT’s Crosstalk with Peter Lavelle:
All these organisations came together to hold an international conference in support of whistleblowers on 18th June in Amsterdam.
It was a creative event, mixing up lawyers, journalists, technologists and whistleblower support networks from around the world at an event with speeches and workshops, in order for everyone to learn, share experiences, and develop new methodologies and best practice to help current and future whistleblowers.
A stimulating and productive day, at which I did the opening keynote:
A year ago I stumbled across a story about a worrying new surveillance programme developed by the NSA: Prism. While nobody was identified as the source of the disclosure, I was awestruck by the bravery of this unknown person.
At that time the Obama administration had been waging an aggressive war on whistleblowers: ex-CIA officer, John Kiriakou, who exposed the CIA’s torture programme, was languishing in prison while the torturers went free; Kirk Wiebe, William Binney and Thomas Drake of the NSA had narrowly escaped prosecution for exposing NSA malfeasance — indeed, despite having gone through all the approved channels, Drake had faced a 35-year prison sentence; and of course the kangaroo court had just started to try Chelsea Manning for her exposure of US war crimes. Inevitably, it is the whistleblower Manning who is now serving a 35 year stretch in prison, not the war criminals.
President Obama has used and abused the 1917 US Espionage Act against whistleblowers during his years in the White House more times than all his predecessors put together, while at the same time allowing a bone fide spy ring — the Russian illegals exposed in 2010 — to return home. This paranoid hunt for the “insider threat” has been going on since at least 2008, as we know from documents leaked to Wikileaks in 2010.
Against this background, fully aware of the hideous risks he was taking and the prospect of the rest of his life behind bars, a young man stepped forward. Four days after the initial Prism disclosure, Edward Snowden announced to the world that he was the source of the story and many more to come. He was clear then about his motivation and he remains clear now in the few interviews he has done since: what he had seen on the inside of the NSA caused him huge concern. The American intelligence infrastructure, along with its equivalent agencies across the world, was constructing a global surveillance network that not only threatened the constitution of the United States, but also eroded the privacy of all the world’s citizens.
The global surveillance state wanted to “master the internet”, as another disclosure proved, and the UK’s GCHQ stepped up to the plate. As increasing numbers of us conduct aspects of our lives over the internet (be it banking, health, social lives, organisations, activism, relationships) this growing lack of privacy strikes at the very root of democracy. Privacy was enshrined as a basic human right in the UN Declaration in 1948 precisely because without it we are vulnerable to the encroachments and abuses of the state. What Snowden has disclosed would the the Stasi’s wet dream and goes far beyond the dystopic horrors of George Orwell’s novel “1984”.
So what did Snowden disclose? Prism was only the start, and that was bad enough — a programme to scoop up all our metadata: whom we’re in contact with, for how long, what we’re reading, what we’re viewing. NSA apologists say that this is not invasive, it is not looking at the contents of communications. I can assure your that metadata is intelligence gold dust. It can provide a far more detailed overview of a person’s life than any individual communication often can.
But it gets worse. Then came Tempora and associated documents that disclosed that the UK’s GCHQ was mainlining information from the transatlantic fibre optic cables, which affected all European citizens, as well as displaying how GCHQ was prostituting itself to the NSA for money and putting NSA objectives above the priorities of the UK government.
And then XKeyscore, enthusiastically used by Germany’s BND, presumably without the knowledge of its political masters. There have been many more: Brazil’s Petrobras oil company, the French telephone network, charities, the Muscular access point and the massive Fascia database, which contains trillions of device-location records.…. Where to stop?
This year Britain’s Joint Threat Research Intelligence Group was using Squeaky Dolphin’s real-time monitoring of social media networks, and the bulk collection of private webcam images via the Optic Nerve programme.
This last most grimly does away with the “done nothing wrong, nothing to hide” argument. In this era of families living in different countries and long distance relationships, video skype is increasingly used to stay in contact with loved ones. And this contact can be somewhat intimate at times between couples. On video. Anyone who has ever used skype for such purposes must surely be feeling violated?
Out of this morass of spying came moments of personal annoyance for western politicians, not least the information that German Chancellor Angela Merkel’s mobile phone was also being tapped, as were those of numerous other politicians. Which rather blows out of the water the much-abused argument that all this surveillance is to stop terrorists. On what planet would the NSA spooks need to live to seriously think that Merkel could be deemed a terrorist?
All these disclosures are of the gravest public interest. Yet how have western politicians reacted? In the usual way — shoot the messenger. All the standard li(n)es have been trotted out by the spies: Snowden was too junior to know what he is talking about, and was “just” a contracted systems administrator (this line says more the ignorance of the politicians about all things tech than anything about Snowden’s job); that Snowden is a traitor for fleeing to Russia, when in fact he was trapped there by the USA withdrawing his passport while in transit to Latin America; or that he should “man up” and return to the US to stand trial. There were even apparently calls from the spies for him to be extrajudicially murdered.
Despite this, his disclosures have resulted in congressional hearings in the US, where senior spooks have been caught out lying about the efficacy of these spy programmes. A US federal judge has declared the NSA’s activities unconstitutional, and minor reforms are underway to protect the rights of US citizens within their own country.
Which is a start. However, that still leaves the rest of us living under the baleful gaze of the NSA and its vassals.
The British response has been largely muted, with politicians immediately assuring the grateful citizens of the UK that everything done by the spies is legal and proportionate, when in fact it was manifestly not. Nor is this any consolation for the rest of Europe’s citizens — after all, why should the British Foreign Secretary be able to take it upon himself to authorise intercept programmes such as Tempora that sweep up the communications of an entire continent?
Press discussion of Snowden’s disclosures in the UK has been largely muted because of a censorship notice slapped on the media, while the Guardian newspaper that helped to break the story had its hard disks smashed up by GCHQ.
Other countries have displayed a more robust response, with Brazil planning to build its own transatlantic cables to Europe to avoid the Tempora programme, and in Germany people have been demanding that the constitution be upheld and privacy ensured against the American surveillance behemoth.
The European parliamentary Civil Liberties, Justice and Home Affairs (LIBE) committee has held months-long hearings with evidence from tech experts, whistleblowers and campaigners about what it should do to protect EU citizens from the predations of the US. Edward Snowden himself gave a statement. This is all well and good, but it would be more helpful if they could give Snowden asylum in Europe and also put in place some meaningful measures to protect our rights one year on — in fact, all they would need to do is enact the provisions of the European parliament’s own July 2001 report into the Echelon fiasco.
Echelon, some of you may remember, was a global proto-surveillance network, where the intelligence agencies of the US, UK, New Zealand, Australia, and Canada (now called Five Eyes) could all share product and subvert oversight measures in each others’ countries. In 2001 the EU recommended that Europe develop its own internet infrastructure and move away from its dependency on US corporate proprietary software. All good suggestions, but all too soon forgotten after 9/11 and the rush to the “war on terror”.
One year on from Snowden I would suggest that these measures should indeed be implemented. The European Parliament needs to take action now and show its 500 million citizens that it is serious about protecting their rights rather than pandering to the demands of the US government and its corporate sponsors.
So, on this anniversary, I want to salute the bravery of Edward Snowden. His conscious courage has given us all a fighting chance against a corporate-industrial-intelligence complex that is running amok across the world. I hope that we can all find within us an answering courage to do what is right and indeed take back our rights. His bravery and sacrifice must not be in vain.
Here is my recent RT interview about the recent dispute between Wikileaks and Glenn Greenwald on what exactly the parameters should be in media reporting of whistleblower disclosures:
Why on earth should the Afghanis not be allowed to know the sheer scale of surveillance they live under? In fact, would many be surprised? This is an excellent related article, do read.
Here is a panel discussion I did at the International Journalism Festival in Perugia, Italy, in May 2014:
Last month I was on a panel discussion at the Berlin Transmediale conference with NSA whistleblower Bill Binney, Chelsea Manning rapporteur Alexa O’Brian, and activist Diani Barreto. Here is the link to the full two hour event, and here is my speech:
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 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.
Now, 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.
First published on RT Op-Edge.
In the UK last week there was a series of events to celebrate the wonderful work of whistleblowers.
In previous decades these brave and rare individuals have often been all too easily dismissed with the usual, carefully orchestrated media slanders of “disgruntled”, “too junior”, “sacked”, whatever ad nauseam. But no longer.
Now, in this era where we have been lied into illegal wars, where the banks privatise their profits yet make their risks public and get repeatedly bailed out, and when people are needlessly dying in our hospitals, more and more people realise the value that whistleblowers can bring to the public debate.
Indeed, the system is now so broken that the whistleblower is often the regulator of last resort.
Plus, of course, this is the era of Wikileaks, Chelsea Manning and Edward Snowden. The concept of whistleblowing has gone global in response to the scale of the threats we are all now facing from the military-security complex world-wide.
So last week was rather invigorating and involved a number of events that gave due credit to the bravery and sacrifice of whistleblowers.
First up we had the international launch of the UK whistleblower support group, The Whistler. This is a British organisation designed to provide a legal, psychological and social support network to those in the UK brave enough to come out and blow the whistle on incompetence and crime from any sector, public or private, and many hundreds have over the last few years, particularly from the financial and health sectors.
Sadly all experience the same treatment; vilification, suppression, and even the loss of their careers for daring to expose the incompetence and even crime of others. Sadly, while there is a law in place that is supposed to provide some protection, all to often this has failed over the last 16 years. The Whistler provides a much needed service.
A number of international whistleblowers were in the UK for the week for other events, and The Whistler was able to host them and hear their stories. Gavin MacFadyen of the Centre for Investigative Journalism, and the indefatigable campaigner Eileen Chubb hosted the event, and former CIA analyst Ray McGovern, NSA whistleblower Tom Drake, Jesselyn Radack of the Government Accountability project (The Whistler’s US counterpart), and myself spoke. The Whistler will officially be launched in the UK on 20th March, so watch this space.
The next night we found ourselves at the prestigious Oxford Union Society, which was kind enough to host the award ceremony for the Sam Adams Associates for Integrity in Intelligence for the second year running. You may remember that last year the award went to Dr Tom Fingar, whose US National Intelligence Estimate of 2007 single-handedly halted to rush to war against Iran.
The Sam Adams Associates is a group of intelligence, government and military whistleblowers and campaigners. Each year we vote to confer an award on a member of the intelligence community or related professions who exemplifies CIA analyst, Sam Adams’ courage, persistence and telling truth to power, no matter what the consequences.
Since its inception in 2002, the award has been given to truth tellers Coleen Rowley of the FBI, Katherine Gun of GCHQ, Sibel Edmonds of the FBI, Craig Murray former UK ambassador to Uzbekistan, Sam Provance former US army Sgt, Major Frank Grevil of Danish intelligence, Larry Wilkerson former US army Colonel, Julian Assange of Wikileaks, Thomas Drake of NSA and Jesselyn Radack of the Department of Justice, Dr Thomas Fingar former Deputy Director of National Intelligence, and Edward Snowden former NSA contractor.
This year the award went, unanimously and inevitably, to Chelsea Manning, and many Sam Adams associates travelled to the UK to attend and to honour her achievements and 2013 SAA laureate Edward Snowden sent through a congratulatory message. Sadly and for obvious reasons Chelsea could not receive the award in person, but her old school friend, Aaron Kirkhouse read out a powerful and moving statement written by her for the occasion.
The following night the Union hosted a debate on “This house would call Edward Snowden a hero”. I had the pleasure of arguing for the proposition, along with US journalist Chris Hedges, NSA whistleblower Bill Binney, and former UK government minister Chris Huhne, and we won — 212 to 171 was the final tally, I believe.
I very much enjoyed the events, so a massive thanks to Polina Ivanova, the current Union president, and her team who organised the events.
The best part of the week though, apart from the set events, was having the time to be with other intelligence whistleblowers and fellow campaigners. While in London we also all had the opportunity to do a range of media interviews with programmes such as Brian Rose’s London Real TV and Afshin Rattansi’s “Going Underground” on RT.
Sadly but rather predictably, the old media chose not to take advantage of such a rich source of expertise in town. Despite repeated invitations, the MSM failed to attend any of the events or interview any of the whistleblowers. But perhaps that’s better than the appallingly off-beam coverage the Guardian gave to Dr Fingar’s award ceremony last year.
But the old media are behind the times, which are definitely a’changing. In this post-Wikileaks, post-Manning and post-Snowden world, the tone of the debate has changed for good. Whistleblowers are increasingly valued as brave individuals of conscience and there is much more awareness and interest in the issues of privacy, human rights and the meaning of democracy. Indeed, in the fundamental meaning of freedom.
January 16, 2014
Contact: Coleen Rowley (email: email@example.com) or Annie Machon (email: firstname.lastname@example.org)
Chelsea Manning Awarded Sam Adams Integrity Prize for 2014
Announcement by Sam Adams Associates for Integrity in Intelligence (SAAII)
The Sam Adams Associates for Integrity in Intelligence (SAAII) have voted overwhelmingly to present the 2014 Sam Adams Award for Integrity in Intelligence to Chelsea (formerly Bradley) Manning.
A Nobel Peace Prize nominee, U.S. Army Pvt. Manning is the 25 year-old intelligence analyst who in 2010 provided to WikiLeaks the “Collateral Murder” video – gun barrel footage from a U.S. Apache helicopter, exposing the reckless murder of 12 unarmed civilians, including two Reuters journalists, during the “surge” in Iraq. The Pentagon had repeatedly denied the existence of the “Collateral Murder” video and declined to release it despite a request under the Freedom of Information Act by Reuters, which had sought clarity on the circumstances of its journalists’ deaths.
Release of this video and other documents sparked a worldwide dialogue about the importance of government accountability for human rights abuses as well as the dangers of excessive secrecy and over-classification of documents.
On February 19, 2014 Pvt. Manning — currently incarcerated at Leavenworth Prison — will be recognized at a ceremony in absentia at Oxford University’s prestigious Oxford Union Society for casting much-needed daylight on the true toll and cause of civilian casualties in Iraq; human rights abuses by U.S. and “coalition” forces, mercenaries, and contractors; and the roles that spying and bribery play in international diplomacy.
The Oxford Union ceremony will include the presentation of the traditional SAAII Corner-Brightener Candlestick and will feature statements of support from former SAAII awardees and prominent whistleblowers. Members of the press are invited to attend.
On August 21, 2013 Pvt. Manning received an unusually harsh sentence of 35 years in prison for exposing the truth — a chilling message to those who would call attention to wrongdoing by U.S. and “coalition” forces.
Under the 1989 Official Secrets Act in the United Kingdom, Pvt. Manning, whose mother is British, would have faced just two years in prison for whistleblowing or 14 years if convicted under the old 1911 Official Secrets Act for espionage.
Former senior NSA executive and SAAII Awardee Emeritus Thomas Drake has written that Manning “exposed the dark side shadows of our national security régime and foreign policy follies .. [her] acts of civil disobedience … strike at the very core of the critical issues surrounding our national security, public and foreign policy, openness and transparency, as well as the unprecedented and relentless campaign by this Administration to snuff out and silence truth tellers and whistleblowers in a deliberate and premeditated assault on the 1st Amendment.”
Previous winners of the Sam Adams Award include Coleen Rowley (FBI); Katharine Gun (formerly of GCHQ, the National Security Agency’s equivalent in the UK); former UK Ambassador Craig Murray; Larry Wilkerson (Col., US Army, ret.; chief of staff for Secretary of State Colin Powell); Julian Assange (WikiLeaks); Thomas Drake (NSA); Jesselyn Radack (former ethics attorney for the Department of Justice, now National Security & Human Right Director of the Government Accountability Project); Thomas Fingar (former Deputy Director of National Intelligence, who managed the key National Intelligence Estimate of 2007 that concluded Iran had stopped working on a nuclear weapon four years earlier); and Edward Snowden (former NSA contractor and systems administrator, currently residing in Russia under temporary asylum).
The Sam Adams Associates for Integrity in Intelligence are very proud to add Pvt. Manning to this list of distinguished awardees.
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:
First published by RT Op-Edge.
We, the citizens of the world, already owe NSA whistleblower Edward Snowden a huge debt of gratitude. Even the limited publication of a few of the documents he disclosed to journalists has to date provoked a political and public debate in countries across the planet — and who knows what other nasties lurk in the cache of documents, yet to be exposed?
Thanks to Snowden, millions of people as well as many governments have woken up to the fact that privacy is the vital component of free societies. Without that basic right we are unable to freely read, write, speak, plan and associate without fear of being watched, our every thought and utterance stored up to be potentially used against us at some nebulous future date. Such panoptic global surveillance leads inevitably to self-censorship and is corrosive to our basic freedoms, and individual citizens as well as countries are exploring ways to protect themselves and their privacy.
As I and others more eminent have said before, we need free media to have a free society.
But even if we can defend these free channels of communication, what if the very information we wish to ingest and communicate is no longer deemed to be free? What if we become criminalised purely for sharing such un-free information?
The global military security complex may be brutal, but it is not stupid. These corporatist elites, as I prefer to think of them, have seen the new medium of the internet as a threat to their profits and power since its inception. Which is why they have been fighting a desperate rearguard action to apply US patent and copyright laws globally.
They began by going after music sharing sites such as Napster and imposing grotesque legal penalties on those trying to download a few songs they liked for free, then trying to build national firewalls to deny whole countries access to file sharing sites such as The Pirate Bay and persecuting its co-founder Anakata, mercifully failing to extradite Richard O’Dwyer from the UK to the US on trumped up charges for his signposting site to free media, and culminating in the take down of Megaupload and the illegal FBI attack against Kim Dotcom’s home in New Zealand last year.
But for all these high-profile cases of attempted deterrence, more and more people are sharing information, culture, and research for free on the internet. Using peer to peer technologies like Bittorrent and anonymising tools like Tor they are hard to detect, which is why the corporatist lobbyists demand the surveillance state develop ever more intrusive ways of detecting them, including the possibility of deep packet inspection. And of course once such invasive technologies are available, we all know that they will not only be used to stop “piracy” but will also be used against the people of the world by the military surveillance complex too.
But that is still not enough for the corporatists. Largely US-based, they are now trying to flex their political muscle globally. First the US claims that any site ending with a tier one US domain name (.com, .org, .net and .info) comes under US law — anywhere in the world — and can be taken down without warning or redress by a diktat from the US government.
More egregiously still, the US corporatists have been trying to impose their legal dominion globally via a series of secret regional trade agreements: ACTA, TTIP/TAFTA, SOPA, and now in the recently Wikileaked details of the Trans-Pacific Partnership (TPP) targeting the countries around the Pacific rim.
These agreements, written by corporate lobbyists, are so secret that the democratic representatives of sovereign countries are not even allowed to read the contents or debate the terms — they are just told to sign on the dotted line, effectively rubber-stamping legislation that is antithetical to the vast majority their citizens’ interests, which gives greater sovereign powers to the interests of the corporations than it does to nation states, and which will criminalise and directly harm the people of the world in the interests of the few.
One of the proposals is that multinational corporations can sue national governments for future lost profits based on patents not granted or environmental restrictions. This is nothing short of full-on corporatism where international law and global treaties serve a handful of large corporations to the detriment of national sovereignty, environmental health and even human life.
For by protecting “intellectual property” (IP), we are not just talking about the creative endeavours of artists. One does not need to be a lawyer to see the fundamental problematic assumptions in the goals as defined in the leaked document:
Enhance the role of intellectual property in promoting economic and social development, particularly in relation to the new digital economy, technological innovation, the transfer and dissemination of technology and trade;
This statement assumes that IP, a made-up term that confuses three very different areas of law, is by definition beneficial to society as a whole. No evidence for these claimed benefits is provided anywhere. As with “what-is-good-for-General-Motors-is-good-for-America” and the theory of ”trickle down” economics, the benefits are simply assumed and alternative models actively and wilfully ignored. The idea that most societies on the planet might vastly benefit from a relaxation of patent laws or the length of copyright is not even up for debate. This despite the fact that there is plenty of research pointing in that direction.
These secret proposed treaties will enforce patents that put the cost of basic pharmaceuticals beyond the reach of billions; that privatise and patent basic plants and food; and that prevent the sharing of cutting edge academic research, despite the fact that this is usually produced by publicly funded academics at our publicly funded universities.
The price, even today, of trying to liberate research for the public good can be high, as Aaron Swartz found out earlier this year. After trying to share research information from MIT, he faced a witch hunt and decades in prison. Instead he chose to take his own life at the age of 26. How much worse will it be if TPP et al are ratified?
It is thanks to the high-tech publisher, Wikileaks, that we know the sheer scale of the recent TPP débacle. It is also heartening to see so many Pacific rim countries opposing the overweening demands of the USA. Australia alone seems supportive — but then regionally it benefits most from its membership of the “Five Eyes” spy programme with America.
The intellectual property wars are the flip side of the global surveillance network that Snowden disclosed — it is a classic pincer movement.
As well as watching everything we communicate, the corporatists are also trying to control exactly what information we are legally able to communicate, and using this control as justification for yet more intrusive spying. It’s the perfect self-perpetuating cycle.
By curtailing the powers of the spy agencies, we could restore the internet to its original functionality and openness while maintaining the right to privacy and free speech — but maintaining a 20th century copyright/IP model at the same time is impossible. Or we could give up our privacy and other civil rights to allow specific protected industries to carry on coining it in. A last option would be to switch off the internet. But that is not realistic: modern countries could not survive a day without the internet, any more than they could function without electricity.
As a society we’re going through the painful realisation that we can only have two out of the three options. Different corporatist interest groups would no doubt make different choices but, along with the vast majority of the people, I opt for the internet and privacy as both a free channel for communication and the free transfer of useful information.
Like any social change (the abolition of slavery, universal suffrage), this is also accompanied by heated arguments, legal threats and repression, and lobbyist propaganda. But historically all this sound and fury will signify.… precisely nothing. Surely at some point basic civil rights will make a comeback, upheld by the legislature and protected by law enforcement.
The choice is simple: internet, privacy, copyright. We can only choose two, and I know which I choose.
Just a short post to announce the new Edward Snowden website. Away from all the spin and media hysteria, here are the basic facts about the information disclosed and the issues at stake.
And here’s another aide memoire of the disclosures so far. The impact of these disclosures is global. Edward Snowden is simply the most significant whistleblower in modern history.
Here’s my recent interview on London Real TV, discussing all things whistleblowing, tech, intelligence, and the war on drugs. Thanks Brian and Colin for a fun hour!