The NSA and Guantanamo Bay

Yesterday The Intercept released more documents from the Edward Snowden trove.  These highlighted the hitherto suspected by unproven involvement of the NSA in Guantanamo Bay, extraordinary rendition, torture and interrogation.

Here is my interview on RT about the subject:

Snowden disclosures about NSA and Guantanamo from Annie Machon on Vimeo.

Parliamentary Evidence on the UK Investigatory Powers Bill

My written evidence to the Scrutiny Committee in the UK Houses of Parliament that is currently examining the much-disputed Investigatory Powers Bill (IP):

1. My name is Annie Machon and I worked as an intelligence officer for the UK’s domestic Security Service, commonly referred to as MI5, from early 1991 until late 1996. I resigned to help my partner at the time, fellow intelligence officer David Shayler, expose a number of instances of crime and incompetence we had witnessed during our time in the service.

2. I note that the draft IP Bill repeatedly emphasises the importance of democratic and judicial oversight of the various categories of intrusive intelligence gathering by establishing an Investigatory Powers Commissioner as well as supporting Judicial Commissioners. However, I am concerned about the real and meaningful application of this oversight.

3. While in the Service in the 1990s we were governed by the terms of the Interception of Communications Act 1985 (IOCA), the precursor to RIPA, which provided for a similar system of applications for a warrant and ministerial oversight.

4. I would like to submit evidence that the system did not work and could be manipulated from the inside.

5. I am aware of at least two instances of this during my time in the service, which were cleared for publication by MI5 in my 2005 book about the Shayler case, “Spies Lies, and Whistleblowers”, so my discussing them now is not in breach of the Official Secrets Act. I would be happy to provide further evidence, either written or in person, about these abuses.

6. My concern about this draft Bill is that while the oversight provisions seem to be strengthened, with approval necessary from both the Secretary of State and a Judicial Commissioner, the interior process of application for warrants will still remain opaque and open to manipulation within the intelligence agencies.

7. The application process for a warrant governing interception or interference involved a case being made in writing by the intelligence officer in charge of an investigation. This then went through four layers of management, with all the usual redactions and finessing, before a final summary was drafted by H Branch, signed by the DDG, and then dispatched to the Secretary of State. So the minister was only ever presented with was a summary of a summary of a summary of a summary of the original intelligence case.

8. Additionally, the original intelligence case could be erroneous and misleading. The process of writing the warrant application was merely a tick box exercise, and officers would routinely note that such intelligence could only be obtained by such intrusive methods, rather than exploring all open source options first. The revalidation process could be even more cavalier.

9. When problems with this system were voiced, officers were told to not rock the boat and just follow orders. During the annual visit by the Intelligence Intercept Commissioner, those with concerns were banned from meeting him.

10. Thus I have concerns about the realistic power of the oversight provisions written into this Bill and would urge an additional provision. This would establish an effective channel whereby officers with concerns can give evidence directly and in confidence to the Investigatory Powers Commissioner in the expectation that a proper investigation will be conducted and with no repercussions to their careers inside the agencies. Here is a link to a short video I did for Oxford University three years ago outlining these proposals:

11. This, in my view, would be a win-win scenario for all concerned. The agencies would have a chance to improve their work practices, learn from mistakes, and better protect national security, as well as avoiding the scandal and embarrassment of any future whistleblowing scandals; the officers with ethical concerns would not be placed in the invidious position of either becoming complicit in potentially illegal acts by “just following orders” or risking the loss of their careers and liberty by going public about their concerns.

12. I would also like to raise the proportionality issue. It strikes me that bulk intercept must surely be disproportionate within a functioning and free democracy, and indeed can actually harm national security. Why? Because the useful, indeed crucial, intelligence on targets and their associates is lost in the tsunami of available information. Indeed this seems to have been the conclusion of every inquiry about the recent spate of “lone wolf” and ISIS-inspired attacks across the West – the targets were all vaguely known to the authorities but resources were spread too thinly.

13. In fact all that bulk collection seems to provide is confirmation after the fact of a suspect’s involvement in a specific incident, which is surely specifically police evidential work. Yet the justification for the invasive intercept and interference measures laid out in the Bill itself is to gather vital information ahead of an attack in order to prevent it – the very definition of intelligence. How is this possible if the sheer scale of bulk collection drowns out the vital nuggets of intelligence?

14. Finally, I would like to raise the point that the phrase “national security” has never been defined for legal purposes in the UK. Surely this should be the very first step necessary before formulating the proposed IP Bill? Until we have such a legal definition, how can we formulate new and intrusive laws in the name of protecting an undefined and nebulous concept, and how can we judge that the new law will thereby be proportionate within a democracy?

Webstock in New Zealand

Webstock_2016_2I just want to say a huge thank you to the organisers of the 10th Webstock Festival in New Zealand earlier this month – definitely worth the interminable flights.

This is a tech-focused conference that very much looks at the bigger picture and joins a whole number of different societal dots.

Plus they look after their “inspirational speakers” exceedingly well, with scary coach trips out of Wellington and up the cliffs, a chance to appreciate the finer aspects of bowling at a NZ working men’s club, and a rip-roaring party at the end of the festival. It was great to have the time to chat with so many amazing people.

Oh, and I experienced my first earthquake – 5.7 on the Richter Scale. Slightly distant, but still impressive when you’re in a swaying 5th floor hotel room.  I initially thought a bomb might have gone off in the basement….  Thankfully, NZ hotels are made of pliable, if stern, stuff.

I was also shunted on to Radio New Zealand for a half hour interview, discussing whistleblowers, spies, drugs and surveillance.  Here it is – it was fun to do – so thank you NZ.

World’s Greatest Spy Movies – C4 Trailer

UK national TV station, Channel Four, recently aired a programme called “The World’s Greatest Spy Movies”, asking former spooks to comment about the reality (or not) of iconic spy films over the decades. It was a fun interview to do, and here’s the trailer:

TRAILER The World’s Greatest Spy Movies Channel 4 from Annie Machon on Vimeo.

The Dark Web – interview on TRT World

Here’s a recent interview I did for “The Newsmakers” programme on TRT World, discussing the Dark Web and privacy:

The Newsmakers, TRT World, Turkey from Annie Machon on Vimeo.

The aftermath of Paris – Going Underground

Here’s a recent interview I did on RT’s Going Underground about the aftermath of the Paris attacks:

RT_Going_Underground_After_the_Paris_Attacks from Annie Machon on Vimeo.

Exile – ExBerliner Article

My most recent article for the ExBerliner magazine:

What is exile? Other than a term much used and abused by many new expats arriving in Berlin, dictionary definitions point towards someone who is kept away from their home country for political reasons, either by regal decree in the past or now more probably self-imposed. But there are many other ways to feel exiled – from mainstream society, from your family, faith, profession, politics, and Berlin is now regarded as a haven.

However, let’s focus on the classic definition and a noble tradition. Every country, no matter how apparently enlightened, can become a tyrant to its own citizens if they challenge abuses of power. Voltaire was exiled in England for three years and soon after Tom Paine, a former excise man facing charges for seditious libel, sought refuge in France. More recent famous exiles include David Shayler, the MI5 whistleblower of the 1990s who followed in Paine’s footsteps pretty much for the same fundamental reasons, yet Alexander Litvinenko, the KBG whistleblower of the same era, ironically found safe haven in exile in the UK.

So, being an exile effectively means that you have angered the power structures of your home country to such an extent that other countries feel compelled to give you refuge, partly for legal or principled reasons, but also for political expediency. The current most famous exile in the world is, of course, Edward Snowden, stranded by chance in Russia en route to political asylum in Ecuador.

What does the act of fleeing into exile actually feel like? It is a wild leap into an unknown and precarious future, with great risk and few foreseeable rewards. At the same time, as you leave the shores of the persecuting country, evading the authorities, avoiding arrest and going on the run, there is an exhilarating, intense feeling of freedom – a sense that the die has very much been cast. Your old way of life is irrevocably at an end and the future is a blank slate on which you can write anything.

After Shayler and I fled to France in 1997, for the first year of the three we lived in exile we hid in a remote French farmhouse just north of Limoges – the nearest village was 2 kilometres away, and the nearest town a distant thirty. We lived in constant dread of that knock on the door and the ensuing arrest. And that, indeed, eventually did catch up with him.

As a result, for Shayler it meant the world grew increasingly small, increasingly confined. Initially, when we went on the run, we were free to roam across Europe – anywhere but the UK. Then, after the French courts refused to extradite him to Britain in 1998 to face trial for a breach of the draconian UK Official Secrets Act, France became the only place he could live freely. If he had then traveled to any other European country, the British would have again attempted to extradite him, probably successfully, so he was trapped.

However, there are worse places than France in which to find yourself stranded. As well as being one of the most beautiful and varied countries in the world it felt particularly poignant to end up exiled in Paris for a further two years.

It was also conveniently close to the UK, so friends, family, supporters and journalists could visit us regularly and bring Shayler supplies of such vital British staples as bacon and HP source. But he still missed the simple pleasures in life, such as being free to watch his beloved football team, or being able to watch the crappy late night comedy shows that the British endlessly churn out. Despite these small lacks, I shall always remember those years in France fondly, as a place of greater safety, a literal haven from persecution.

Of course, all this was in the era before the standardised European Arrest warrant, when national sovereignty and national laws actually counted for something. Finding a secure place of exile now would be almost an impossibility in Europe if you home country really wanted to prosecute you.

Many Western expats now talk of being “exiled in Berlin”, and they may indeed be self-exiled in search of a more sympatico life style, a buzzy group of like-minded peers, work opportunities or whatever. But until they have felt the full force of an extradition warrant, before the fuzz has actually felt their collars, this is realistically exile as a lifestyle choice, rather than exile as a desperate political necessity or, in Edward Snowden’s case, a potentially existential requirement.

Merkel NSA phone tapping

My interview today for RT about the German prosecutor’s decision to stop the investigation of the NSA tapping Chancellor Angela Merkel’s mobile phone, and much more:

End of Merkel NSA Spy Probe Case on RT International from Annie Machon on Vimeo.

Code Red Media Launch in Perugia

I am very happy to announce a new initiative, Code Red,  that Simon Davies (the founder of Privacy International and The Big Brother Awards) and I have been organising over the last few months.  In fact, not just us, but a panoply of global privacy and anti-surveillance campaigners from many areas of expertise.

Simon and I have known each other for years, way back to 2002, when he gave one of the earliest Winston Awards to David Shayler, in recognition of his work towards trying to expose surveillance and protect privacy. That award ceremony, hosted by comedian and activist Mark Thomas, was one of the few bright points in that year for David and me – which included my nearly dying of meningitis in Paris and David’s voluntary return to the UK to “face the music”; face the inevitable arrest, trial and conviction for a breach of the Official Secrets Act that followed on from his disclosures about spy criminality.

Anyway, enough of a detour down memory lane – back to Code Red. Regular readers of this website will know that I have some slight interest in the need to protect our privacy for both personal reasons and societal good. Over the last 18 years since helping to expose the crimes of the British spies, I have worked with the media, lawyers, campaigners, hackers, NGOs, politicians, wonks, geeks, whistleblowers, and wonderfully concerned citizens around the world – all the time arguing against the encroaching and stealthy powers of the deep, secret state and beyond.

While many people are concerned about this threat to a democratic way of life, and in fact so many people try to push back, I know from experience the different pressures that can be exerted against each community, and the lack of awareness and meaningful communication that can often occur between such groups.

So when Simon posited the idea of Code Red – an organisation that can functionally bring all these disparate groups together, to learn from each other, gain strength and thereby work more effectively, it seemed an obvious next step.

Some progress has already been make in this direction, with international whistleblower conferences, cryptoparties, training for journalists about how to protect their sources, campaigns to protect whistleblowers, activist and media collectives, and much more.  We in Code Red recognise all this amazing work and are not trying to replicate it.

But we do want to do is improve the flow of communication – would it not be great to have a global clearing house, a record, of what works, what does not, a repository of expertise from all these inter-related disciplines from a round the world that we can all learn from?

This is one of the goals of Code Red, which launched to the media at the International Journalism Festival in Perugia a few weeks ago.  We were then lucky enough to also hold a launch to the tech/hacktivist community in Berlin a few days after at C Base – the mother-ship of hackers.

Here is the film of the Perugia launch:

Code Red – launched in Perugia, April 2015 from Annie Machon on Vimeo.

Whistleblower panel discussion at Logan Symposium

Here is a panel discussion I did about whistleblowing at the Logan Symposium in London last November. With me on the panel are Eileen Chubb, a UK health care whistleblower who runs Compassion in Care and is campaigning for Edna’s Law, and Bea Edwards of the US Government Accountability Project.  With thanks to @newsPeekers for filming this.

newsPeeksLIVE whistleblower interview from Annie Machon on Vimeo.

US/UK intelligence agencies threaten Germany

According to journalist Glenn Greenwald, German Vice Chancellor Sigmar Gabriel has stated that the US and UK spy agencies threatened to cut Germany out of the intelligence-sharing loop if it gave safe haven to NSA whistlebower, Edward Snowden.

Here is my view of the situation on RT today:

RT Interview about US/UK intelligence threats to Germany from Annie Machon on Vimeo.

UK spies target women for recruitment

My recent interview on RT show “In the Now” about gender equality in the British spy agencies:

Gender Equality in UK Spy Agencies – RT In the Now from Annie Machon on Vimeo.

Jihadi John and MI5

So this week the murderous beheader of the Islamic State, “Jihadi John”, has been unmasked.  His real identity is apparently Mohammed Emwazi, born in Kuwait and now a British citizen who was raised and educated in west London

Much sound, fury and heated debate has been expended over the last couple of days about how he became radicalised, who was to blame, with MI5 once more cast in the role of villain. In such media sound-bite discussions it is all too easy to fall into facile and polarised arguments. Let us try to break this down and reach a more nuanced  understanding.

First up is the now-notorious press conference hosted by the campaigning group, Cage, in which the Research Director, Asim Qureshi , claimed that MI5 harassment of Emwazi was the reason for his radicalisation. Emwazi had complained to Cage and apparently the Metropolitan Police that over the last six years MI5 had approached him and was pressurising him to work as an agent for them. According to Cage, this harassment lead to Emwazi’s radicalisation.

Yet recruitment of such agents is a core MI5 function, something it used to do with subtlety and some success, by identifying people within groups who potentially could be vulnerable to inducements or pressure to report back on target organisations.  In fact, British intelligence used to be much more focused on gathering “HUMINT”.  The very best intelligence comes from an (ideally) willing but at least co-operative human agent: they are mobile, they can gain the trust of and converse with targets who may be wary of using electronic communications, and they can be tasked to gather specific intelligence rather than waiting for the lucky hit on intercept.

MI5 used to be good at this – spending time to really investigate and identify the right recruitment targets, with a considered approach towards making the pitch.

However, it appears since 9/11 and the start of the brutal “war on terror” that two problems have evolved, both of which originated in America. Firstly, British intelligence seems to have followed their US counterparts down a moral helter-skelter, becoming re-involved in counter-productive and brutal activities such as kidnapping, internment and torture. As MI5 had learned at least by the 1990s, such activities inevitably result in blow-back, and can act as a recruiting drum to the terrorist cause of the day.

(Tangentially, the Home Office also instigated the Prevent programme – in concept to counter radical Islam in vulnerable social communities, but in practice used and abused by the authorities to intimidate and coerce young Muslims in the UK.)

Secondly, British intelligence seems over the last decade to have blindly followed the US spies down the path of panoptican, drag-net electronic surveillance.  All this has been long suspected by a few, but confirmed to the many by the disclosures of Edward Snowden over the last couple of years. Indeed it seems that GCHQ is not merely complicit but an active facilitator and enabler of the NSA’s wilder ideas.  And what we now know is horrific enough, yet it currently remains just the tip of the iceberg.

This deluge of information creates gargantuan haystacks within which some genuine intelligence needles might reside – to use the terminology of the spy agency cheerleaders. However, it concurrently swamps the intelligence agencies in useless information, while also certainly throwing up a percentage of false-positives.  Bearing in mind the sheer scale of the legally dubious snooping, even a 0.001% of false positives could potentially produce thousands of erroneous leads.

Curious people now have a world of information at their fingertips. They may click on an intriguing link and find themselves on a radical website; even if they click out quickly, the panopticon will have logged their “interest”. Or they could donate money to an apparently legitimate charity; “like” the wrong thing on Facebook; follow the wrong person on Twitter; have their email hacked, or whatever….

The Big Brother Borg algorithms will crunch through all of this information predictably and predictively, with subtleties lost and mistakes made. Mind you, that happened in a more limited fashion too at the height of the Cold War subversion paranoia in Britain in the 1970s and 1980s, when schoolboys writing to the Communist Party HQ for information for school projects could end up with a MI5 file, and divorcing couples could denounce each other.  But at least, then, whole populations were not under surveillance.

I think this may go some way towards explaining so many recent cases where “lone wolf” attackers around the world have been known to their national intelligence agencies and yet been left to roam free, either discounted as too low level a threat in the flood of information or otherwise subjected to bungled recruitment approaches.

In the analogue era much time, research and thought would go into identifying persons of interest, and more crucially how to approach a target either for disruption or recruitment.  I should think that the spy super-computers are now throwing up so many possible leads that approaches are made in a more hurried, ill-informed and less considered way.

And this can result in cases such as Michael Adebolayo whom MI5 approached and allegedly harassed years before he went on to murder Drummer Lee Rigby in Woolwich in 2013. The same may well have happened with Mohammed Emwazi. Once someone has been targeted, they are going to feel paranoid and under surveillance, whether rightly or wrongly, and this might result in growing resentment and push them into ever more extreme views.

However, I would suggest that MI5 remains merely the tool, following the directives of the UK government in response to the ever-expanding, ever-nebulous war on terror, just as MI6 followed the directives of the Blair government in 2003 when it allowed its intelligence to be politicised as a pretext for an illegal war in Iraq. MI5 might be an occasional catalyst, but not the underlying cause of radicalisation.

Unfortunately, by immersing itself in the now-overwhelming intelligence detail, it appears to be missing the bigger picture – just why are young British people taking an interest in the events of the Middle East, why are so many angry, why are so many drawn to radical views and some drawn to extreme actions.

Surely the simplest way to understand their grievances is to listen to what the extremist groups actually say? Osama Bin Laden was clear in his views – he wanted US military bases out of Saudi Arabia and US meddling across the Middle East generally to stop; he also wanted a resolution to the Palestinian conflict.

Jihadi John states in his ghastly snuff videos that he is meting out horror to highlight the horrors daily inflicted across the Middle East by the US military – the bombings, drone strikes, violent death and mutilation.

To hear this and understand is not to be a sympathiser, but is vital if western governments want to develop a more intelligent, considered and potentially more successful policies in response. Once you understand, you can negotiate, and that is the only sane way forward. Violence used to counter violence always escalates the situation and everyone suffers.

The USA still needs to learn this lesson. The UK had learned it, resulting in the end of the war in Northern Ireland, but it now seems to have been forgotten. It is not rocket science – even the former head of MI5, Lady Manningham-Buller, has said negotiation is the only successful long-term policy when dealing with terrorism.

Along with the UK, many other European countries have successfully negotiated their way out of long-running domestic terrorist campaigns. The tragedy for European countries that have recently or will soon suffer the new model of “lone wolf” atrocities, is that our governments are still in thrall to the failed US foreign policy of “the war on terror”, repeated daily in gory technicolour across North Africa, the Middle East, central Asia, and now Ukraine.

Global jihad is the inevitable response to USA global expansionism, hegemony and aggression. As long as our governments and intelligence agencies in Europe kowtow to American strategic interests rather than protect those of their own citizens, all our countries will remain at risk.

Sam Adams Award for Integrity in Intelligence, Berlin 2015

Last week in Berlin the 2015 Sam Adams Award for Integrity in Intelligence was presented to the former Technical Director of the NSA, whistleblower and tireless privacy advocate, William Binney.

A 36-year intelligence agency veteran, Bill Binney resigned from the NSA in 2001 and became a whistleblower after discovering that elements of a data-monitoring programme he had helped develop were being used to spy on Americans.  He explained that he “could not stay after the NSA began purposefully violating the Constitution”.

Bill remains tireless, pledging to spend the remainder of his years speaking out across the world and working to reform the gross governmental illegality and stupidity of intercepting trillions and trillions of communications of innocent people’s phone calls, emails and other forms of data. Bill states “it’s violated everyone’s rights. It can be used to spy on the whole world.”

The Sam Adams Associates decided to hold the ceremony in Berlin as it is currently a global hub for privacy-minded individuals – journalists, film-makers, technologists, whistleblowers and campaigners.

Binney_at_BundestagHistory has made Germany much more sensitive to the need for basic rights, such as privacy, than many other soi disant western democracies, and the disclosures of Edward Snowden, including the collusion of German intelligence agencies with the NSA as well as the bugging of Chancellor Angela Merkel’s mobile phone, have caused outrage across the country.

Plus, only last year Bill Binney was invited to give evidence to the German Bundestag’s NSA Inquiry Commission.

SAA_Photo_Berlin_2015Whistleblowers, former intelligence officers, military officers, diplomats and lawyers flew in from around the world to honour Bill Binney. The Sam Adams Associates attending the event were Ray McGovern (CIA), Todd Pierce (US military lawyer), Coleen Rowley (FBI), Elizabeth Murray (US national intelligence council), Craig Murray (UK ambassador), Katherine Gun (GCHQ), Tom Drake (NSA), Jesselyn Radack (US DoJ), David MacMichael (CIA), and myself (MI5).

We were also pleased that Edward Snowden was able to join us via live link to give a  powerful speech honouring Bill Binney.

So, here is the film of a wonderfully touching ceremony, and congratulations to Bill Binney for the courage he has already demonstrated and continues to display:

Sam Adams Award Berlin 2015 from Annie Machon on Vimeo.

And here we have the text of the award citation to Bill Binney:

The Sam Adams Associates for Integrity in Intelligence

Presents its INTEGRITY AWARD for 2015 to:

William Binney

Know all ye by these presents that William Binney is hereby honored with the traditional Sam Adams Corner-Brightener Candlestick Holder, in symbolic recognition of Mr. Binney’s courage in shining light into dark places.

Bill Binney represents the patriotic side of a duel between two unequal adversaries: an exceedingly powerful and ruthless state and Bill, an official who would not break his solemn oath to defend its Constitution.  Like Tom Drake and Ed Snowden, he was determined to preserve his integrity, his privacy, and his personal honor.

On both sides of the Atlantic we hear the mantra: “After 9/11/2001 EVERYTHING CHANGED;” just like “everything changed” after the burning of the Reichstag on 2/27/1933.  That event led many Germans into what the writer Sebastian Haffner called “sheepish submissiveness” — with disastrous consequences.

As a young German lawyer in Berlin at the time, Haffner wrote in his diary one day after the Reichstag fire that Germans had suffered a nervous breakdown.  “No one saw anything out of the ordinary in the fact that, from now on, one’s telephone would be tapped, one’s letters opened, and one’s desk might be broken into.”

What was missing, wrote Haffner, was “a solid inner kernel that cannot be shaken by external pressures and forces, something noble and steely, a reserve of pride, principle, and dignity to be drawn on in the hour or trial.”

We are grateful that these traits were NOT missing in Bill Binney.  Nor were they missing in Edward Snowden, whose patriotic risk-taking opened the way for Bill and his colleagues to expose the collect-it-all fanatics and the damage they do to privacy everywhere.

What Ed Snowden called “turnkey tyranny” can still be prevented.  But this can only happen, if patriots like Bill Binney can jolt enough people out of “sheepish submissiveness.” Goethe understood this 200 years ago when he warned, “No one is more a slave than he who thinks himself free, but is not.”

“Niemand ist mehr Sklave, als der sich für frei hält, ohne es zu sein*.

Presented this 22nd day of January 2015 in Berlin by admirers of the example set by the late CIA analyst, Sam Adams.

And finally, here are some extra interviews from the night with Bill Binney, Tom Drake, Jesselyn Radack, and Coleen Rowley:

With thanks to Berlin Moscow on Unter den Linden and the Dreger Group for hosting the event, to professional photographer Johanna Hullar for all her great pictures of the ceremony.