Here’s my interview on RT about the failure of political oversight of the spies in the UK and US:
RT: Snowden files reveal spy agency’s efforts to escape legal challenge from Annie Machon on Vimeo.
Also posted on www.maxkeiser.com.
Here’s my interview on RT about the failure of political oversight of the spies in the UK and US:
RT: Snowden files reveal spy agency’s efforts to escape legal challenge from Annie Machon on Vimeo.
Also posted on www.maxkeiser.com.
First published on RT Op-Edge. Also on Information Clearing House and The Huffington Post.
The disparity in response to Edward Snowden’s disclosures within the USA and the UK is astonishing. In the face of righteous public wrath, the US administration is contorting itself to ensure that it does not lose its treasured data-mining capabilities: congressional hearings are held, the media is on the warpath, and senior securocrats are being forced to admit that they have lied about the efficacy of endemic surveillance in preventing terrorism.
Just this week General Alexander, the head of the NSA with a long track record of misleading lying to government, was forced to admit that the endemic surveillance programmes have only helped to foil a couple of terrorist plots. This is a big difference from the previous number of 54 that he was touting around.
Cue calls for the surveillance to be reined in, at least against Americans. In future such surveillance should be restricted to targeted individuals who are being actively investigated. Which is all well and good, but would still leave the rest of the global population living their lives under the baleful stare of the US panopticon. And if the capability continues to exist to watch the rest of the world, how can Americans be sure that the NSA et al won’t stealthily go back to watching them once the scandal has died down — or just ask their best buddies in GCHQ to do their dirty work for them?
I’m sure that the UK’s GCHQ will be happy to step into the breach. It is already partially funded by the NSA, to the tune of $100 million over the last few years; it has a long history of circumventing US constitutional rights to spy on US citizens (as foreigners), and then simply passing on this information to the grateful NSA, as we know from the old Echelon scandal; and it has far more legal leeway under British oversight laws. In fact, this is positively seen to be a selling point to the Americans from what we have seen in the Snowden disclosures.
GCHQ is absolutely correct in this assessment — the three primary UK intelligence agencies are the least accountable and most legally protected in any western democracy. Not only are they exempt from any real and meaningful oversight, they are also protected against disclosure by the draconian 1989 Official Secrets Act, designed specifically to criminalise whistleblowers, as well as having a raft of legislation to suppress media reporting should such disclosures emerge.
This might, indeed, be the reason that the UK media is not covering the Snowden disclosures more extensively — a self-censoring “D” Notice has been issued against the media, and The Guardian had its UK servers smashed up by the secret police. 1930s Germany, anyone?
Defenders of the status quo have already been out in force. Foreign Secretary William Hague, who is notionally responsible for GCHQ, said cosily that everything was legal and proportionate, and Sir Malcolm Rifkind, the current chair of the Intelligence and Security Committee in parliament last week staunchly declared that the ISC had investigated GCHQ and found that its data mining was all legal as it had ministerial approval.
Well that’s all OK then. Go back to sleep, citizens of the UK.
What Hague and Rifkind neglected to say was that the ministerial warrantry system was designed to target individual suspects, not whole populations. Plus, as the Foreign secretary in charge of MI6 at the time of the illegal assassination plot against Gaddafi in 1996, Rifkind of all people should know that the spies are “economical with the truth”.
In addition, as I’ve written before, many former top spies and police have admitted that they misled lied to the ISC. Sure, Rifkind has managed to acquire some new powers of oversight for the ISC, but they are still too little and 20 years too late.
This mirrors what has been going on in the US over the last few years, with senior intelligence official after senior official being caught out lying to congressional committees. While in the UK statements to the ISC have to date not been made under oath, statements made to the US Congress are — so why on earth are apparent perjurers like Clapper and Alexander even still in a job, let alone not being prosecuted?
It appears that the US is learning well from its former colonial master about all things official secrecy, up to and including illegal operations that can be hushed up with the nebulous and legally undefined concept of “national security”, the use of fake intelligence to take us to war, and the persecution of whistleblowers.
Except the US has inevitably super-sized the war on whistleblowers. While in the UK we started out with the 1911 Official Secrets Act, under which traitors could be imprisoned for 14 years, in 1989 the law was amended to include whistleblowers — for which the penalty is 2 years on each charge.
The US, however, only has its hoary old Espionage Act dating back to 1917 and designed to prosecute traitors. With no updates and amendments, this is the act that is now rolled out to threaten modern whistleblowers working in the digital age. And the provisions can go as far as the death penalty.
President Obama and the US intelligence establishment are using this law to wage a war on whistleblowers. During his presidency he has tried to prosecute seven whistleblowers under this Espionage Act — more than all the previous presidents combined — and yet when real spies are caught, as in the case of the Russian Spy Ring in 2010, Obama was happy to cut a deal and send them home.
An even more stark example of double standards has emerged this August, when a leak apparently jeopardised an ongoing operation investigating a planned Al Qaeda attack against a US embassy in the Middle East. This leak has apparently caused immediate and quantifiable damage to the capabilities of the NSA in monitoring terrorism, and yet nobody has been held to account.
But, hey, why bother with a difficult investigation into leaking when you can go after the low-hanging fruit — otherwise known as principled whistleblowers who “out” themselves for the public good?
This to me indicates what the US intelligence infrastructure deems to be the real current issue — “the insider threat” who might reveal crucial information about state crimes to the world’s population.
And yet the US representatives still trot out the tired old lines about terrorism. Senator Lindsey Graham stated this week that the current level of endemic surveillance would have prevented 9/11. Well, no, as previous intelligence personnel have pointed out. Coleen Rowley — Time Person of the Year 2002 — is famous for highlighting that the US intelligence agencies had prior warning, they just didn’t join the dots. How much worse now would this process be with such a tsunami of data-mined intelligence?
In summary, it’s good to see at least a semblance of democratic oversight being played out in the USA, post-Snowden. It is a shame that such a democratic debate is not being held in the UK, which is now the key enabler of the USA’s chronic addiction to electronic surveillance.
However, I fear it is inevitably too little too late. As we have seen through history, the only protection against a slide towards totalitarianism is a free media that allows a free transfer of ideas between people without the need to self-censor. The global US military-security complex is embedded into the DNA of the internet. We cannot rely on the USA to voluntarily hand back the powers it has grabbed, we can only work around them as Brazil has suggested it will do, and as the EU is contemplating.
Other than that, responsibility for our privacy rests in our own hands.
I have held back from writing about the Edward Snowden NSA whistleblowing case for the last week — partly because I was immersed in the resulting media interviews and talks, and partly because I wanted to watch how the story developed, both politically and in the old media. The reaction of both can tell you a lot.
That does not mean that I did not have a very positive response to what Snowden has done. Far from it. The same night the story broke about who was behind the leaks, I discussed the implications on an RT interview and called what he did Whistleblowing 2.0.
Why did I say that? Well, it appeared from his initial video interview with The Guardian that he had learned from previous whistleblowing cases: he had watched the media and carefully chosen a journalist, Glenn Greenwald, with a good track record on the relevant issues who would probably fight his corner fearlessly; his information clearly demonstrated that the intelligence agencies were spinning out of control and building surveillance states; he carefully chose a jurisdiction to flee to that might have the clout to protect him legally against the wrath of an over-mighty USA; and he has used his internet and media savvy to gain as much exposure and protection as quickly as possible.
Plus, he has been incredibly brave, considering the draconian war on whistleblowers that is currently being waged by the American administration. There have been three other NSA whistleblowers in recent years, all also talking about endemic surveillance. All have paid a high personal price, all displayed great bravery in the face of adversity yet, sadly, none has achieved the same level of international impact. Were we just deaf to their warnings, or has Snowden played this better?
I think a bit of both. He’s a geek, a young geek, he will have seen what happened to other whistleblowers and appears to have taken steps to avoid the same pitfalls. He has gone public to protect his family and prevent harm to his former colleagues in any ensuing witch-hunt. And he has fled the country in order to remain at liberty to argue his case, which is key to keeping the story alive for more than a week in the gadfly minds of the old media. I know, I’ve been involved in the same process.
He has blown the whistle to protect an American way of life he thinks “worth dying for”. Yet he has broadened out the issues internationally — what happens in America impacts the rest of the world. This, in my view, is crucial. I have been writing for years that the US is increasingly claiming global legal hegemony over the entire internet, as well as the right to kidnap, torture and murder foreigners at will.
The Patriot Act has not only shredded the US constitution, it also now apparently has global reach for as long as our craven governments allow it to. Now we know that this is not some abstract concept, theory or speculation — we are all potentially being watched
Edward Snowden argued his case very effectively in a live chat on The Guardian newspaper website. It became clear that he is indeed a new generation of whisteblower. This is not someone who witnessed one crime and immediately felt he had to speak out. This is a technical expert who watched, over time and with dismay, the encroaching Big Brother surveillance state that is taking over the world via the NSA and its clones.
He is young, he had faith that a new government would mean change, but in the end felt compelled to take considered action when he witnessed the unaccountable mission creep, the limited and ineffectual oversight, and the neutered politicians who rush to reassure us that everything is legal and proportionate when they really have no idea what the spy agencies get up to.
In both the US and the UK the spies repeatedly get away with lying to the notional oversight bodies about mistakes made, rules bent, and illegal operations. Former senior CIA analyst, Ray McGovern, has catalogued the US lies, and here are a few home-brewed British examples. The internet companies have also been wriggling on the hook over the last week.
Snowden appears to be very aware not only of potential state level surveillance but also the global corporatist aspect of the subversion of the basic companies most people use to access the internet — Google, Facebook, Microsoft, Yahoo, Apple, Skype et al. A few pioneers have been discussing the need to protect oneself from such corporatist oversight for years, and such pioneers have largely been ignored by the mainstream: they’re “just geeks” they are “paranoid”, “tin foil hat” etc.
Edward Snowden has laid bare the truth of this globalised, corporatist Big Brother state. From his public statements so far, he seems very alive to the international aspects of what he is revealing. This is not just about Americans being snooped on, this affects everybody. We are all subject to the brutal hegemony that US securocrats and corporations are trying to impose on us, with no rights, no redress under the law.
We have already seen this with the illegal US state take-down of Kim Dotcom’s secure cloud service, Megaupload, with the global persecution of Wikileaks, with Obama’s war on whistleblowers, with the NDAA, with the asymmetric extradition cases, with the drone wars across the Middle East and Central Asia.…. where to stop?
Snowden, through his incredible act of bravery, has confirmed our worst fears. It is not just corporations that have gone global — surveillance has too. And now, thankfully, so too are whistleblowers.
What troubles me somewhat is the way that the old media is responding — even The Guardian, which broke the story. Glenn Greenwald is an excellent, campaigning journalist and I have no doubt whatsoever that he will fight to the wire for his source.
However, the newspaper as an entity seems to be holding back the free flow of information. Charitably, one could assume that this is to maximise the impact of Snowden’s disclosures. Less charitably, one could also see it as a way to eke out the stories to maximise the newspaper’s profits and glory. Again, it’s probably a bit of both.
However, I do not think this will ultimately work in the best interests of the whistleblower, who needs to get the information out there now, and get the whole debate going now.
Plus, today it was reported that a D‑Notice had been issued against the UK media last week. I have written before about this invidious self-censorship with which the British media collaborates: senior editors and senior military personnel and spooks meet to agree whether or not stories may act against “national security” (still a legally undefined phrase), and ban publications accordingly. And this is “voluntary” — what does that say about our press holding power to account, when they willingly collude in the suppression of information?
Plus, some of the key journalists at The Guardian who were involved in the Wikileaks stitch-up are also now pecking away at the Snowden story. The old media are still continuing to act as a bottleneck of the free flow of information from whistleblowers to the public domain. In the post-Wikileaks era, this is a retrograde step. It is not for them to assess what the public needs to know, nor is it down to them to analyse and second-guess why any whistleblower is doing what they are doing.
As Edward Snowden stated: “The consent of the governed is not consent if it is not informed”.