NSA industrial espionage

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

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

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

Voice of Russia radio interview about spies, oversight, whistleblowers, and Snowden.

Here is an inter­view I did for Voice of Rus­sia radio in Lon­don last week about spies and their rela­tion­ship with our demo­cratic pro­cesses, over­sight, Edward Snowden and much more:

Voice of Rus­sia radio inter­view from Annie Machon on Vimeo.

BBC World interview re UK spy accountability

Here’s a recent inter­view I did for BBC World about the three top Brit­ish spies deign­ing, for the first time ever, to be pub­licly ques­tioned by the Intel­li­gence and Secur­ity Com­mit­tee in par­lia­ment, which has a notional over­sight role:

BBC World inter­view on UK Par­laiment­ary hear­ings on NSA/Snowden affair from Annie Machon on Vimeo.

It sub­sequently emerged that they only agreed to appear if they were told the ques­tions in advance.  So much for this already incred­ibly lim­ited over­sight cap­ab­il­ity in a notional West­ern democracy.….

Cryptofestival, London, 30th November

Big_Brother_posterHere’s one for the diary, if you’re in the UK and value your basic, enshrined right to pri­vacy (UDHR Art­icle 12) in this NSA/GCHQ etc dystopic, pan­op­tican world.

Come along to the Cryptofest­ival at Gold­smiths, Lon­don on 30th Novem­ber, where con­cerned hackt­iv­ists can help con­cerned cit­izens learn how to pro­tect their online privacy.

And if you believe the “done noth­ing wrong, noth­ing to hide” garbage, have a look at this.

Crypto­parties, where geeks offer their help for free to their com­munit­ies, were star­ted by pri­vacy advoc­ate Asher Wolf in Aus­tralia just over a year  ago.  The phe­nomenon has swept across the world since then, helped along by the dis­clos­ures of the heroic Edward Snowden.

I hope to see you there. You have to fight for your right (crypto)party — and for your right to pri­vacy! Use it or lose it — and bring your laptop.

Channel 4 interview re UK spy accountability

On the day the UK spy chiefs were called to account for the first time by the Intel­li­gence and Secur­ity Com­mit­tee in the Brit­ish par­lia­ment:

Spy account­ab­il­ity and the ISC — Chan­nel 4 News from Annie Machon on Vimeo.

BBC “World Have Your Say” debate

A recent inter­view on BBC World Ser­vice radio, on “World Have Your Say”.  An inter­est­ing debate with some other former intel­li­gence types:

BBC World Ser­vice “World Have Your Say” inter­view from Annie Machon on Vimeo.

Edward Snowden Website

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.

Snowden_website
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.

RT interview on spy oversight

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.

London Real TV Interview — coming soon

Here is a taster of my recent inter­view on Lon­don Real TV. It was diverse, lively and fun, and should be broad­cast in full tomor­row:

Annie Machon — Whis­tleblower — Lon­don Real TV from Annie Machon on Vimeo.

The Empire Strikes Back

First pub­lished by RT Op-Edge.

Sir Andrew Parker, the recently elev­ated Dir­ector Gen­eral of the UK’s domestic secur­ity Ser­vice (MI5) yes­ter­day made both his first pub­lic speech and a super­fi­cially robust defence of the work of the intel­li­gence agen­cies. Read­ing from the out­side, it sounds all pat­ri­otic and noble.

Darth_VaderAnd who is to say that Parker does not believe this after 30 years on the inside and the MI5 group­think men­tal­ity being what it is? Let’s give him the bene­fit of the doubt. How­ever, I have two prob­lems with his speech, on both a micro and a macro scale.

Let’s start with the micro — ie the devil in the detail — what is said and, cru­cially, what is left unsaid. First up: over­sight, which the spook apo­lo­gists have dwelt on at great length over the last few months.

I wrote about this last week, but here’s some of that dev­il­ish detail. Parker cor­rectly explains what the mech­an­isms are for over­sight within MI5: the Home Office war­rants for oth­er­wise illegal activ­it­ies such as bug­ging; the over­sight com­mis­sion­ers; the Com­plaints Tribunal; the Intel­li­gence and Secur­ity Com­mit­tee in Par­lia­ment. This all sounds pretty reas­on­able for a demo­cracy, right?

Of course, what he neg­lects to men­tion is how these sys­tems can be gamed by the spies.

The applic­a­tion for war­rants is a tick-box exer­cise where basic legal require­ments can be by-passed, the author­ising min­is­ter only ever sees a sum­mary of a sum­mary.… ad infin­itum.… for sig­na­ture, and never declines a request in case some­thing lit­er­ally blows up fur­ther down the line.

Sure, there are inde­pend­ent com­mis­sion­ers who over­see MI5 and its sur­veil­lance work every year and write a report. But as I have writ­ten before, they are given the royal treat­ment dur­ing their annual visit to Thames House, and officers with con­cerns about the abuse of the war­rantry sys­tem are barred from meet­ing them. Plus, even these ano­dyne reports can high­light an alarm­ing num­ber of “admin­is­trat­ive errors” made by the spies, no doubt entirely without malice.

The com­plaints tribunal — the body to which we can make a com­plaint if we feel we have been unne­ces­sar­ily spied on, has always found in favour of the spies.

And finally, the pièce de résist­ance, so to speak: the Intel­li­gence and Secur­ity Com­mit­tee in par­lia­ment. How many times do I have to write this? Top cops and Parker’s spy pre­de­cessors have admit­ted to lying suc­cess­fully to the ISC for many years. This is not mean­ing­ful over­sight, nor is the fact that the evid­ence of earlier major intel­li­gence whis­tleblowers was ignored by the ISC, except for the part where they might be under invest­ig­a­tion by MI5 themselves.…

Of course, the cur­rent Chair of the ISC, Sir Mal­com Rif­kind, has entered the lists this sum­mer to say that the ISC has just acquired new powers and can now go into the spies’ lairs, demand to see papers, and over­see oper­a­tional activ­it­ies. This is indeed good, if belated, news, but from a man who has already cleared GCHQ’s endemic data-mining as law­ful, one has to won­der how thor­ough he will be.

While the com­mit­tee remains chosen by the PM, answer­able only to the PM, who can also vet the find­ings, this com­mit­tee is irre­deem­ably undemo­cratic. It will remain full of cred­u­lous yes-men only too happy to sup­port the status quo.

Secondly, what are the threats that Parker talks about? He has worked for MI5 for 30 years and will there­fore remem­ber not only the Cold War era, where Soviet spies were hunted down, but also the very real and per­vas­ive threat of IRA bombs reg­u­larly explod­ing on UK streets. At the same time hun­dreds of thou­sands of polit­ic­ally act­ive UK cit­izens were aggress­ively invest­ig­ated. A (cold) war and the threat of ter­ror­ism allowed the spies a drag-net of sur­veil­lance even then.

V_for_Vendetta_masksHow much worse now, in this hyper-connected, data-mining era? One chilling phrase that leapt out at me from Parker’s speech was the need to invest­ig­ate “ter­ror­ists and oth­ers threat­en­ing national secur­ity”. National secur­ity has never been leg­ally defined for the pur­poses of UK law, and we see the goal posts move again and again. In the 1980s, when Parker joined MI5, it was the “reds under the bed”, the so-called sub­vers­ives. Now it can be the Occupy group encamped in the City of Lon­don or envir­on­mental act­iv­ists wav­ing plac­ards.

So now for my macro con­cerns, which are about wider con­cepts. Parker used his first pub­lic speech to defend not only the work of his own organ­isa­tion, but also to attack the whis­tleblow­ing efforts of Edward Snowden and the cov­er­age in The Guard­ian news­pa­per. He attempts to seam­lessly elide the work and the over­sight mod­els of MI5 and GCHQ.  And who is fall­ing for this?  Well, much of the UK media appar­ently.

This mud­dies the waters. The con­cerns about Snowden’s dis­clos­ures are global — the TEMPORA pro­ject affects not only the cit­izens of the UK but people across Europe and bey­ond. For Rif­kind or the For­eign Sec­ret­ary to com­pla­cently say that GCHQ is over­seen by them and everything is hunkey-dorey is just not good enough, even for the hap­less cit­izens of the UK. How much more so for those unrep­res­en­ted people across the world?

The IOCA (1985) and later and much-abused RIPA (2000) laws were writ­ten before the UK gov­ern­ment could have con­ceived of the sheer scale of the inter­net. They are way out of date — 20th cen­tury rolling omni­bus war­rants hoover­ing up every scrap of data and being stored for unknown times in case you might com­mit a (thought?) crime in the future. This is noth­ing like mean­ing­ful oversight.

Unlike the UK, even the USA is cur­rently hav­ing con­gres­sional hear­ings and media debates about the lim­its of the elec­tronic sur­veil­lance pro­gramme. Con­sid­er­ing America’s mus­cu­lar response after 9/11, with illegal inva­sions, drone strikes, CIA kill lists and extraordin­ary kid­nap­pings (to this day), that casts the UK spy com­pla­cency in a par­tic­u­larly unflat­ter­ing light.

Plus if 58,000 GCHQ doc­u­ments have really been copied by a young NSA con­tractor, why are Parker and Rif­kind not ask­ing dif­fi­cult ques­tions of the Amer­ican admin­is­tra­tion, rather than con­tinu­ing to jus­tify the anti­quated Brit­ish over­sight system?

Finally, Parker is show­ing his age as well as his pro­fes­sion when he talks about the inter­webs and all the implic­a­tions.  As I said dur­ing my state­ment to the LIBE com­mit­tee in the European Parliament:

  • Without free media, where we can all read, write, listen and dis­cuss ideas freely and in pri­vacy, we are all liv­ing in an Orwellian dysto­pia, and we are all poten­tially at risk. These media must be based on tech­no­lo­gies that empower indi­vidual cit­izens, not cor­por­a­tions or for­eign gov­ern­ments. The Free Soft­ware Found­a­tion has been mak­ing these recom­mend­a­tions for over two decades.
  • The cent­ral soci­etal func­tion of pri­vacy is to cre­ate the space for cit­izens to res­ist the viol­a­tion of their rights by gov­ern­ments and cor­por­a­tions. Pri­vacy is the last line of defense his­tor­ic­ally against the most poten­tially dan­ger­ous organ­isa­tion that exists: the nation state. There­fore there is no ‘bal­ance between pri­vacy and secur­ity’ and this false dicho­tomy should not be part of any policy debate.

US/UK spy chiefs cover up NSA surveillance scandal

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 Row­leyTime 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.

European Parliament LIBE Inquiry on Electronic Mass Surveillance of EU Citizens

Below is some back­ground mater­ial from my sub­mis­sion to the European Parliament’s LIBE Com­mit­tee on the implic­a­tions of the NSA scandal.

Here is a video link to the hear­ing.

LIBE Com­mit­tee Inquiry on Elec­tronic Mass Sur­veil­lance of EU Cit­izens, European Par­lia­ment, 30th Septem­ber 2013

Bio­graphy:

Annie Machon was an intel­li­gence officer for the UK’s MI5 in the 1990s, before leav­ing to help blow the whistle on the crimes and incom­pet­ence of the Brit­ish spy agen­cies.  As a res­ult she and her former part­ner had to go on the run around Europe, live in exile in France, face arrest and impris­on­ment, and watch as friends, fam­ily and journ­al­ists were arrested.

She is now a writer, media com­ment­ator, polit­ical cam­paigner, and inter­na­tional pub­lic speaker on a vari­ety of related issues: the war on ter­ror­ism, the war on drugs, the war on whis­tleblowers, and the war on the inter­net.  In 2012 she star­ted as a Dir­ector of LEAP in Europe (www​.leap​.cc).

Annie has an MA (Hons) Clas­sics from Cam­bridge University.

Back­ground material:

Recom­mend­a­tions:

  • Mean­ing­ful par­lia­ment­ary over­sight of intel­li­gence agen­cies, with full powers of invest­ig­a­tion, at both national and European levels.
  • These same demo­cratic bod­ies to provide a legit­im­ate chan­nel for intel­li­gence whis­tleblowers to give their evid­ence of mal­feas­ance, with the clear and real­istic expect­a­tion that a full inquiry will be con­duc­ted, reforms applied and crimes punished.
  • Insti­tute a dis­cus­sion about the legal defin­i­tion of national secur­ity, what the real threats are to the integ­rity of nation states and the EU, and estab­lish agen­cies to work within the law to defend just that. This will halt inter­na­tional intel­li­gence mis­sion creep.
  • EU-wide imple­ment­a­tion of the recom­mend­a­tions in the Ech­elon Report (2001):
  1. to develop and build key infra­struc­ture across Europe that is immune from US gov­ern­mental and cor­por­at­ist sur­veil­lance; and
  2. Ger­many and the United King­dom are called upon to make the author­isa­tion of fur­ther com­mu­nic­a­tions inter­cep­tion oper­a­tions by US intel­li­gence ser­vices on their ter­rit­ory con­di­tional on their com­pli­ance with the ECHR (European Con­ven­tion on Human Rights).”
  • The duty of the European par­lia­ment is to the cit­izens of the EU.  As such it should act­ively pur­sue tech­no­logy policies to pro­tect the pri­vacy and basic rights of the cit­izens from the sur­veil­lance of the NSA and its vas­sals; and if it can­not, it should warn its cit­izens abut this act­ively and edu­cate them to take their own steps to pro­tect their pri­vacy (such as no longer using cer­tain Inter­net ser­vices or learn­ing to use pri­vacy enhan­cing tech­no­lo­gies). Con­cerns such as the trust Europeans have in ‘e-commerce’ or ‘e-government’ as men­tioned by the European Com­mis­sion should be sec­ond­ary to this con­cern at all times.
  • Without free media, where we can all read, write, listen and dis­cuss ideas freely and in pri­vacy, we are all liv­ing in an Orwellian dysto­pia, and we are all poten­tially at risk. These media must be based on tech­no­lo­gies that empower indi­vidual cit­izens, not cor­por­a­tions or for­eign gov­ern­ments. The Free Soft­ware Found­a­tion has been mak­ing these recom­mend­a­tions for over two decades.
  • The cent­ral soci­etal func­tion of pri­vacy is to cre­ate the space for cit­izens to res­ist the viol­a­tion of their rights by gov­ern­ments and cor­por­a­tions. Pri­vacy is the last line of defense his­tor­ic­ally against the most poten­tially dan­ger­ous organ­isa­tion that exists: the nation state. There­fore there is no ‘bal­ance between pri­vacy and secur­ity’ and this false dicho­tomy should not be part of any policy debate.

Another abuse of UK terrorism laws

First pub­lished on RT Op-Edge.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.