Club of Amsterdam

Last week I had the pleas­ure of speak­ing at the Club of Ams­ter­dam.  The topic under dis­cus­sion was “The future of digital iden­tity”.  Many thanks to Felix and the team. A lively even­ing.

Annie Machon at the Club of Ams­ter­dam from Annie Machon on Vimeo.
First pub­lished in my news­let­ter last week, amongst much else. Do sign up!

The FISA/Echelon Panopticon

A recent inter­view with James Corbett of the Corbett Report on Global Research TV dis­cuss­ing issues such as FISA, Ech­elon, and our cul­tural “groom­ing” by the bur­geon­ing sur­veil­lance state:

The End of Privacy and Freedom of Thought?

I saw this chilling report in my Twit­ter feed today (thanks @Asher_Wolf): Tel­stra is imple­ment­ing deep packet inspec­tion tech­no­logy to throttle peer to peer shar­ing over the internet.

Des­pite being a clas­si­cist not a geek by train­ing, this sounds like I know what I’m talk­ing about, right?  Well some­what to my own sur­prise, I do, after years of expos­ure to the “hackt­iv­ist” ethos and a grow­ing aware­ness that geeks may our last line of defence against the cor­por­at­ists.  In fact, I recently did an inter­view on The Keiser Report about the “war on the internet”.

Offi­cially, Tel­stra is imple­ment­ing this cap­ab­il­ity to pro­tect those fra­gile busi­ness flowers (surely “broken busi­ness mod­els” — Ed) within the enter­tain­ment and copy­right indus­tries — you know, the com­pan­ies who pimp out cre­at­ive artists, pay most of them a pit­tance while keep­ing the bulk of the loot for them­selves, and then whine about how P2P file shar­ing and the cir­cu­la­tion and enjoy­ment of the artists’ work is theft?

But who, ser­i­ously, thinks that such tech­no­logy, once developed, will not be used and abused by all and sun­dry, down to and includ­ing our bur­geon­ing police state appar­atus? If the secur­ity forces can use any tool, no mat­ter how sor­did, they will do so, as has been recently repor­ted with the UK under­cover cops assum­ing the iden­tit­ies of dead chil­dren in order to infilt­rate peace­ful protest groups.

Writer and act­iv­ist, Cory Doc­torow, summed this prob­lem up best in an excel­lent talk at the CCC hack­er­fest in Ber­lin in 2011:

The shred­ding of any notion of pri­vacy will also have a chilling effect not only on the pri­vacy of our com­mu­nic­a­tions, but will also res­ult in our begin­ning to self-censor the inform­a­tion we ingest for fear of sur­veil­lance (Nazi book burn­ings are so 20th Cen­tury).  It will, inev­it­ably, also lead us to self-censor what we say and what we write, which will slide us into an Orwellian dysto­pia faster than we could say “Aaron Swartz”.

As Columbian Pro­fessor of Law, Eben Moglen, said so elo­quently last year at another event in Ber­lin — “free­dom of thought requires free media”:

Two of my favour­ite talks, still freely avail­able on the inter­net. Enjoy.

Echelon Redux

Just a quickie, as this is some sort of hol­i­day sea­son appar­ently.  How­ever, this did annoy me.   In the same way that Pres­id­ent Obama signed the invi­di­ous NDAA on 31st Decem­ber last year, des­pite his prot­est­a­tions about veto­ing etc, it appears the US gov­ern­ment has sneaked/snuck through (please delete as appro­pri­ate, depend­ing on how you pro­nounce “tomato”) yet another dra­conian law dur­ing the fest­ive sea­son, which appar­ently fur­ther erodes the US con­sti­tu­tion and the civil rights of all Americans.

Yet another prob­lem for our benighted cous­ins across the pond, you might think.  But as so often hap­pens these days, bonkers Amer­ican laws can affect us all.

Yes­ter­day the Sen­ate approved an expan­sion of the terms of the For­eign Intel­li­gence Sur­veil­lance Act (FISA).  This allows the US intel­li­gence ser­vices to hoover up, if you’ll par­don the mild intel­li­gence joke, the emails of god-fearing, law-abiding Amer­ic­ans if they are exchan­ging emails with pesky foreigners.

Well of course the whole world now knows, post 9/11, that all for­eign­ers are poten­tial ter­ror­ists and are now being watched/snatched/extraordin­ar­ily rendered/tor­tured/assas­sin­ated with impun­ity.  In Europe we have had many people suf­fer this way and some have man­aged to achieve recog­ni­tion and resti­tu­tion.  That appears to do little to stop the drone wars and blood-letting that the USA has unleashed across the Middle East.

But the NDAA and the exten­ded FISA should at least rouse the ire of Amer­ic­ans them­selves: US cit­izens on US soil can now poten­tially be tar­geted.  This is new, this is dan­ger­ous, right?

Well, no, not quite, as least as far as the inter­cep­tion of com­mu­nic­a­tions goes.

The Ech­elon sys­tem, exposed in 1988 by Brit­ish journ­al­ist Duncan Camp­bell and rein­vestig­ated in 1999, put in place just such a (leg­ally dubi­ous) mech­an­ism for watch­ing domestic cit­izens.  The sur­veil­lance state was already in place, even if through a back door, as you can see from this art­icle I wrote 4 years ago, which included the fol­low­ing paragraph:

ECHELON was an agree­ment between the NSA and its Brit­ish equi­val­ent GCHQ (as well as the agen­cies of Canada, Aus­tralia, and New Zea­l­and) whereby they shared inform­a­tion they gathered on each oth­ers’ cit­izens. GCHQ could leg­ally eaves­drop on people out­side the UK without a war­rant, so they could tar­get US cit­izens of interest, then pass the product over to the NSA. The NSA then did the same for GCHQ. Thus both agen­cies could evade any demo­cratic over­sight and account­ab­il­ity, and still get the intel­li­gence they wanted.

The only dif­fer­ence now is that FISA has come blast­ing through the front door, and yet people remain quiescent.

Talking about totalitarianism at ETH-0, January 2010

ETH-0_PosterIn Janu­ary I had the pleas­ure of speak­ing in The Neth­er­lands at the excel­lent geek­fest known as ETH-0.  Rather than just banging on about the spooks, I thought it was time to take a step back and exam­ine what exactly we mean when we talk about total­it­ari­an­ism, police states, and how far down the road our coun­tries have gone.

I also wanted to drive home to an audi­ence, many of whom are too young to remem­ber the Cold War, what exactly it would be like to live under a police state with its endemic surveillance. 

And here’s the talk:

US Intelligence targets Wikileaks

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

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

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

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

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

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

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

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

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

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

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