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 Value of Whistleblowers

I was recently invited to write an art­icle for the Nat West Busi­ness Sense online magazine about the poten­tial value and bene­fits of whis­tleblowers.  Here’s the link, and here’s the article:

The con­tro­ver­sial issue of whis­tleblow­ing has been firmly thrust into the pub­lic con­scious­ness over the last few years with the ongo­ing saga of Wikileaks.

Often whis­tleblowers can get a bad rap in the media, deemed to be trait­ors, grasses or snitches.  How­ever, rather than a phe­nomenon to be feared, if handled cor­rectly whis­tleblowers can often be bene­fi­cial to their organ­isa­tions.  Allow me to explain.

I have a nod­ding acquaint­ance with the pro­cess.  In the 1990s I worked as an intel­li­gence officer for the UK domestic Secur­ity Ser­vice, gen­er­ally known as MI5, before resign­ing to help my former part­ner and col­league David Shayler blow the whistle on a cata­logue of incom­pet­ence  and crime.  As a res­ult we had to go on the run around Europe, lived in hid­ing and exile in France for 3 years, and saw our friends, fam­ily and journ­al­ists arres­ted around us.  I was also arres­ted, although never charged, and David went to prison twice for expos­ing the crimes of the spies. It was a heavy price to pay.

How­ever, it could all have been so dif­fer­ent if the UK gov­ern­ment had agreed to take his evid­ence of spy crimes, under­take to invest­ig­ate them thor­oughly, and apply the neces­sary reforms.  This would have saved us a lot of heartache, and could poten­tially have improved the work of the spies. But the government’s instinct­ive response is always to pro­tect the spies and pro­sec­ute the whis­tleblower, while the mis­takes and crimes go unin­vestig­ated and unre­solved. Or even, it often appears, to reward the mal­efact­ors with pro­mo­tions and gongs.

The dra­conian Offi­cial Secrets Act (1989) imposes a blanket ban on any dis­clos­ure what­so­ever.  As a res­ult, we the cit­izens have to take it on trust that our spies work with integ­rity. There is no mean­ing­ful over­sight and no accountability.

Many good people do indeed sign up to MI5, MI6 and GCHQ, as they want a job that can make a dif­fer­ence and poten­tially save lives.  How­ever, once on the inside they are told to keep quiet about any eth­ical con­cerns: “don’t rock the boat, and just fol­low orders”.

In such an envir­on­ment there is no vent­il­a­tion, no account­ab­il­ity and no staff fed­er­a­tion, and this inev­it­ably leads to a gen­eral con­sensus – a bul­ly­ing “group think” men­tal­ity.  This in turn can lead to mis­takes being covered up rather than les­sons learned, and then poten­tially down a dan­ger­ous moral slide.

As a res­ult, over the last dec­ade we have seen scan­dal heaped upon intel­li­gence scan­dal, as the spies allowed their fake and politi­cised inform­a­tion to be used make a false case for an illegal war in Iraq; we have seen them des­cend into a spiral of extraordin­ary rendi­tion (is kid­nap­ping) and tor­ture, for which they are now being sued if not pro­sec­uted; and we have seen that they facil­it­ate dodgy deals in the desert with dictators.

But it is not all bleak.  Recently, Dr Tom Fin­gar received The Sam Adams Award for Integ­rity in Intel­li­gence in Oxford for his work on com­pil­ing the US National Intel­li­gence Estim­ate of 2007.  In this he sum­mar­ised the con­clu­sions of all 16 US intel­li­gence agen­cies by say­ing that Iran had ceased try­ing to develop a nuc­lear weapons cap­ab­il­ity in 2003.

There was immense polit­ical pres­sure on him to sup­press this evid­ence, but he went ahead with the report and thereby single-handedly hal­ted the US government’s rush to war with Iran.  By hav­ing the cour­age to do his job with integ­rity, Dr Fin­gar is respons­ible for sav­ing count­less lives across Iran.

In the world of intel­li­gence, where secrecy is para­mount, where crimes can hushed up, and where there is no avenue for voicing con­cern and dis­sent, it is per­haps inev­it­able that whis­tleblowers will con­tinue to emerge.

But in other sec­tors of work mis­takes can be just as life threat­en­ing and the need for expos­ure just as great.  In the UK over the last few years many senior med­ical whis­tleblowers have emerged from the NHS, detail­ing mis­takes and incom­pet­ence that have put the pub­lic at risk.  Alas, rather than learn from mis­takes made, all too often NHS bosses have either vic­tim­ised the whis­tleblowers by sus­pend­ing them or ruin­ing their repu­ta­tion, or they have insisted that they sign gag­ging orders and then covered up the mis­takes.  Neither option is a good out­come either for staff mor­ale or for patient safety.

While the cul­ture of cover-up exists, so too will whis­tleblowers. How could this be resolved, and what would be the poten­tial benefits?

If employ­ers insti­tute a cul­ture of trust and account­ab­il­ity, where employ­ees with con­cerns can be fairly heard, the appro­pri­ate action taken, and justice done, the needs and imper­at­ives behind whis­tleblow­ing would dis­ap­pear. Poten­tial prob­lems could be nipped in the bud, improv­ing pub­lic trust and con­fid­ence in the prob­ity of the organ­isa­tion and avoid­ing all the bad pub­li­city fol­low­ing a whis­tleblow­ing case.

Plus, of course, the poten­tial whis­tleblowers would have a legit­im­ate avenue to go down, rather than hav­ing to turn their lives inside out – they would no longer need to jeop­ard­ise their pro­fes­sional repu­ta­tion and all that goes with it such as career, income, social stand­ing and even, poten­tially their freedom.

Hav­ing a sound pro­ced­ure in place to address staff con­cerns strikes me as a win-win scen­ario – for staff effi­ciency and mor­ale, the organisation’s oper­a­tional cap­ab­il­ity and repu­ta­tion, and poten­tially the wider pub­lic, too.

Interview on the Abby Martin show, RT America

My recent inter­view on “Break­ing the Set”, Abby Martin’s show on RT Amer­ica, dis­cuss­ing all things whis­tleblow­ing:

Secret Agent Turns Whis­tleblower from Annie Machon on Vimeo.

Taken to court.…

A fun inter­view with Heimir Már Pétursson on TV2, filmed dur­ing my recent tour of Iceland:

Ice­land TV 2 from Annie Machon on Vimeo.

Silfur Egils Interview, Iceland

My recent inter­view on Iceland’s premier news dis­cus­sion show, Sil­fur Egils, hos­ted by the excel­lent Egill Helgason.

The name refers to an old Norse saga about a hero, an earlier Egill, throw­ing hand­fuls of sil­ver to the ground so he could make the Vik­ing politicos of the day scrabble around in the dirt try­ing to pick up the coins.

Plus ça change, plus c’est la même chose.

Talk at the Icelandic Centre for Investigative Journalism

Wikileaks spokes­man, Kris­tinn Hrafns­son, invited me to speak at the Icelandic Centre for Invest­ig­at­ive Journ­al­ism while I was in Ice­land in February.

While focus­ing on the inter­sec­tion and con­trol between intel­li­gence and the media, my talk also explores many of my other cur­rent areas of interest.

Ice­land Journ­al­ists talk 2013 from Annie Machon on Vimeo.

UK Anonymous Radio Interview

Here’s the link to my inter­view tonight on UK Anonym­ous Radio — I had a great time and found it a fun, wide-ranging, and stim­u­lat­ing hour.  I hope you do too.  So, thank you Anonymous.

And also thank you to Kim Dot­com set­ting up the new file-sharing site, Mega, which replaces his illegally-taken-down global site, MegaUp­load.  I have some­where safe, I think, to store my interviews!

What a sham­bolic dis­grace that MegaUp­load raid was, and what a clas­sic example of the global cor­por­at­ist agenda that I dis­cuss in the interview.

I do love geeks.

The Keiser Report — my recent interview

My recent inter­view on Max Keiser’s excel­lent RT show, The Keiser Report, appar­ently now the most watched Eng­lish lan­guage news com­ment­ary show across the world.

We were dis­cuss­ing such happy sub­jects as the war on ter­ror, the war on drugs, but pre­dom­in­antly the war on the internet:

Interview, Czech National Radio

Here is a link to an in-depth inter­view I did recently at the Czech national radio sta­tion in Prague.

As a Dir­ector of Law Enforce­ment Against Pro­hib­i­tion (LEAP), I was invited to Prague by the pro­gress­ive Czech National Drug Co-ordinator, Jindrich Voboril, to speak at a drugs con­fer­ence in the Czech Par­lia­ment.

The Free Speech Debate

My recent inter­view for the excel­lent Oxford Uni­ver­sity Free Speech Debate pro­ject, run by Pro­fessor Timothy Gar­ton Ash.  I dis­cuss whis­tleblow­ing, the Offi­cial Secrets Act, Wikileaks and much more:

The Real News Network on Whistleblowing, Part 2

Part Two of my recent inter­view on the excel­lent, inde­pend­ent and fear­less Real News Net­work:

The Real News Network Interview on Whistleblowing

Part One of my recent inter­view on the excel­lent, inde­pend­ent and fear­less Real News Net­work:

Gestapo Courts

Pub­lished in The Huff­ing­ton Post UK, 30 Septem­ber 2012

Pub­lished in The Real News Net­work, 30 Septem­ber 2012

A lot of sound and fury has been expen­ded in the Brit­ish media over the last few months about the Coali­tion government’s pro­posal to enact secret courts via the pro­posed Justice and Secur­ity Bill — purely for ter­ror­ist cases, you under­stand. Which, of course, is OK as we all know ter­ror­ists are by defin­i­tion the Baddies.

Except we need to drill down into the detail of the pro­pos­als, have a look at some his­tory, and think through the future implications.

The concept of secret courts emerged from the offi­cial UK spook sec­tor — MI5 and MI6 have been lob­by­ing hard for such pro­tec­tion over recent years.  Their argu­ment revolves around a num­ber of civil cases, where Brit­ish vic­tims of extraordin­ary rendi­tion and sub­sequent tor­ture have sued the pants off the spies through civil courts and received some recom­pense for their years of suffering.

The most notori­ous case was that of Binyam Mohamed, who was repeatedly tor­tured in a black prison in Morocco, with Brit­ish spies allegedly con­trib­ut­ing to his ques­tion­ing. And we’re not talk­ing about a few stress pos­i­tions, awful as they are. Mohamed was strung up and had his penis repeatedly slashed with a razor.

MI5 and MI6 are aggrieved because they could not defend them­selves in the res­ult­ant civil actions brought against them, and they (and their former polit­ical mas­ter Jack Straw) are par­tic­u­larly wor­ried about future cases around the MI6-organised Libyan rendi­tions exposed last year.  The spies’ argu­ment is that hav­ing to pro­duce evid­ence in their own defence would dam­age that ever-flexible but curi­ously vague concept of “national security”.

Well, they would say that, wouldn’t they?

The spooks have tra­di­tion­ally used the “national secur­ity” argu­ment as the ulti­mate get-out-of-jail-free card.  It has never been leg­ally defined, but it is unfail­ingly effect­ive with judges and politicians.

We saw sim­ilar argu­ments dur­ing the post-9/11 secur­ity flap, when many ter­ror­ist sus­pects were scooped up and interned in high secur­ity Brit­ish pris­ons such as Bel­marsh on the say-so of face­less intel­li­gence officers. No evid­ence needed to be adduced, nor could it be chal­lenged. The sub­sequent con­trol order sys­tem was equally Kafkaesque.

That’s not to say that cer­tain interned indi­vidu­als might not have been an act­ive threat to the UK.  How­ever, in the “good” old days (god, I sound ancient), sus­pects would have had evid­ence gathered against them, been tried by a jury, con­victed and imprisoned. The sys­tem was never per­fect and evid­ence could be egre­giously with­held, but at least appeals were pos­sible, most not­ably in the case of the Birm­ing­ham Six.

Since 9/11 even breath­ing the word “ter­ror­ist” has meant that all these his­toric com­mon law prin­ciples seem to have been jet­tisoned.  Even before the pro­posed enshrine­ment of “secret courts” in the new Bill, they are already being used in the UK — the Spe­cial Immig­ra­tion Appeal Com­mis­sion (SIAC) tribunals hear secret evid­ence and the defendant’s chosen law­yer is not allowed to attend. Instead a spe­cial, government-approved advoc­ate is appoin­ted to “rep­res­ent the interests” of the defend­ant who is not allowed to know what his accusers have to say. And there was no appeal.

But all this is so unne­ces­sary.  The powers are already in place to be used (and abused) to shroud our notion­ally open court pro­cess in secrecy.  Judges can exclude the press and the pub­lic from court rooms by declar­ing the ses­sion in cam­era for all or part of the pro­ceed­ings.  Plus, in national secur­ity cases, gov­ern­ment min­is­ters can also issue Pub­lic Interest Immunity Cer­ti­fic­ates (PIIs) that not only bar the press from report­ing the pro­ceed­ings, but can also ban them from report­ing they are gagged — the gov­ern­mental super-injunction.

So the powers already exist to pro­tect “national secur­ity”.  No, the real point of the new secret courts is to ensure that the defend­ant and, par­tic­u­larly in my view, their chosen law­yers can­not hear the alleg­a­tions if based on intel­li­gence of any kind. Yet even the spies them­selves agree that the only type of intel­li­gence that really needs to be kept secret involves ongo­ing oper­a­tions, agent names, and sens­it­ive oper­a­tional techniques.

 And as for the right to be tried by a jury of your peers — for­get it.  Of course jur­ies will have no place in such secret courts.  The only time we have seen such dra­conian judi­cial meas­ures in the UK out­side a time of offi­cial war was dur­ing the Troubles in North­ern Ire­land — the infam­ous Dip­lock Courts — begin­ning in the 1970s and which incred­ibly were still in use this year.

I am not an apo­lo­gist of ter­ror­ism although I can under­stand the social injustice that can lead to it.  How­ever, I’m also very aware that the threat can be arti­fi­cially ramped up and manip­u­lated to achieve pre­con­ceived polit­ical goals.

I would sug­gest that the concept of secret courts will prove fatally dan­ger­ous to our demo­cracy.  It may start with the concept of get­ting the Big Bad Ter­ror­ist, but in more polit­ic­ally unstable or strin­gent eco­nomic times this concept is wide open to mis­sion creep.

We are already see­ing a slide towards expand­ing the defin­i­tion of “ter­ror­ist” to include “domestic extrem­ists”, act­iv­ists, single issue cam­paign­ers et al, as I have writ­ten before. And just recently inform­a­tion was leaked about a new public-private EU ini­ti­at­ive, Clean IT, that pro­poses ever more invas­ive and dra­conian poli­cing powers to hunt down “ter­ror­ists” on the inter­net. This pro­posal fails to define ter­ror­ism, but does provide for endemic elec­tronic sur­veil­lance of the EU. Pure cor­por­at­ism.

Allow­ing secret courts to try people on the say-so of a shad­owy, unac­count­able and bur­geon­ing spy com­munity lands us straight back in the pages of his­tory: La Ter­reur of revolu­tion­ary France, the creepy sur­veil­lance of the Stasi, or the dis­ap­pear­ances and tor­ture of the Gestapo.

Have we learned nothing?

The Lindmo Show, Norway

Fol­low­ing on from my talk at the Nor­we­gian SKUP invest­ig­at­ive journ­al­ism con­fer­ence in March, I was invited onto the Anne Lindmo Show in Nor­way on 4 May.

Anne is one of the most fam­ous and respec­ted journ­al­ists in Nor­way, and her chat show is extremely pop­u­lar on prime time NRK TV on Fri­day nights.  We had a lively ses­sion dis­cuss­ing the world of spy­ing, what it was like to blow the whistle and go on the run, and the per­sonal price that has to be paid.

Here’s the link to the whole show, and here’s my seg­ment:

Lindmo inter­view on Nor­we­gian TV from Annie Machon on Vimeo.