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?

Freedom Equals Surveillance

Here’s an interview I did for RT a while ago about the USA’s Orwellian NewSpeak about surveillance:

US_Freedom_Act_surveillance_act_in_disguise from Annie Machon on Vimeo.

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.

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.

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.

Privacy as Innovation Interview

A recent interview I gave while in Stockholm to the Privacy as Innovation project:

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Keynote at Internetdagarna, Stockholm, November 2014

Here is my keynote speech at the recent Internetdagarna (Internet Days) conference in Stockholm, Sweden, discussing all things whistleblower, spy, surveillance, privacy and TTIP:

internetdagarna

Interview on Swedish Aftonbladet TV

I’m currently in Stockholm to do a keynote tomorrow at the fantastic Internet Days conference, an annual gathering organised by Internet Infrastructure Foundation.

This morning, I would say at the crack of dawn but it was still dark, I was invited on to Aftonbladet TV to talk about my story, the role of whistleblowers, the Sam Adams Award for Integrity in Intelligence, and threats to the internet. Here is the interview:

Sweden – Aftonbladet TV Interview about whistleblowers from Annie Machon on Vimeo.

Germans end investigation into Merkel phone tapping

My recent interview on RT about the ending of the investigation by the German authorities into the apparently illegal bugging of Chancellor Angela Merkel’s phone, plus more on the wider complicity of the German intelligence services:

rt_merkel_spying

German politician wants return to typewriters to evade US surveillance

A comment piece from last week on RT about German politicians wanting to go back to paper-based communications to evade the US spy panopticon:

de_govt_touts_typewriters

And here is the full text of the interview I gave on RT Op Edge:

Both typewriter and strong encryption is going to slow down communication, but upholding a basic democratic right of privacy seems to be more important, former MI5 agent Annie Machon told RT.

Amid the American-German espionage scandal, German politicians are considering going back to old-fashioned manual typewriters for confidential documents in order to protect national secrets from American NSA surveillance.

RT: Why would Germany think of using typewriters as a security measure?

Annie Machon: What I find interesting is that we have a situation where even our democratically elected representatives have to think deeply and seriously about how to protect the privacy of their communications, particularly when the investigation of the very subject of invasion of the privacy of the citizens, which is what the Bundestag at the moment is doing in Germany, trying to hold hearings to work out what exactly the NSA has been doing, which might be contravening the constitution of Germany. It is very difficult now but it is still possible to protect your electronic communications, but I think this announcement, this sort of statement by the Bundestag representative about going back to typewriters is interesting. It just makes a very strong point that we all need to be aware of the fact that we can be spied on at any time.

RT: Do you think everyone would follow Germany’s example?

AM: I think more and more people are concerned about their privacy because of the Edward Snowden disclosures. He has done the world a huge service with great personal cost, exposing the predations of the US Intelligence agencies and the NSA particularly, as well as a number of European agencies. In the past all countries spied on each other because they wanted to gain advantage over other countries, not necessarily their enemies, just an advantage economically or politically. However, what we are seeing at the moment is the result of what was the perfect storm for the USA in the 1990s, it was a perfect opportunity for them, because at that point the Cold War had ended, they were the sole remaining superpower on the planet, and precisely at that moment we had the evolution of the internet, a huge tech explosion of communications. They saw the opportunity and they went for it. Of course they did because that meant that they could embed whatever they wanted into the infrastructure that the whole world now uses for communication. Of course they were not going to turn this opportunity down, and they haven’t. That is what Edward Snowden disclosed.

So we have the situation now when everything can conceivably be hoovered up by the NSA and its vassal states in Europe, everything can conceivably be stored for ever and be used against citizens in the future if the laws change. And everything can conceivably be known amongst the private deliberations of our parliament’s democratically elected representatives. It’s worse than Orwellian.

It would be naïve to think that the US would not take up this opportunity, but of course they did, and these are the results we are living in. It would be lovely to think that we could go back to the era of having privacy in our lives that our governments would have power to ensure we had it, but in this globalized world it is very difficult to ensure that. One of the things that is little known out of all Snowden’s disclosures is the fact that it is not just what we send over the internet, it is also hardware, the computers, the technology we actually use that can already be compromised by the NSA. This is one of the things that came out just after Christmas last year. So we are living in a very complex world but there are very simple steps we can take, both the governments and the citizens, to protect our democratic and our basic right to privacy.

RT:Wouldn’t using typewriters slow things down in terms of communication? Why not use other, more modern ways of protecting communication?

AM: Either going back to using pen paper or typewriter or using very strong encryption is going to slow down one’s communication, there is no doubt about it. The point is though, what is more important, is it access to the latest celebrity gossip on the internet or is it actually upholding a basic democratic right of privacy. Because if we don’t have privacy, then we lose our freedom to communicate easily and in private, we lose our freedom to ingest information via video, audio or from reading, we cannot plan, we cannot conduct private personal relationships over the internet. So what is the price of a little bit of inconvenience when it comes to protecting our basic rights? I think that however light-heartedly the German politician mentioned using typewriters, when it comes to proper security issues within government, he is probably absolutely right. Last year there was a report as well, saying that some of the Russian security operators were now using typewriters too. We will all have to think about that, and it’s just a jolting wake up call to make us all think about that by stating that the German government is now going back to typewriters for certain things.

RT: What kind of solution do you see? Should people rely on their governments for protection of their privacy?

AM: There is a danger that people and the government will become very paranoid about trying to protect against the predations of the NSA and its vassals in Europe. However, I’m not sure as we as citizens can rely on governments to protect our privacy because all governments would want to know what is going on on the internet for legitimate reasons as well, to try to track down the illegitimate criminals and terrorists. But it can be easy for them to hoover up all the personal information and we, as citizens, need that have that guarantee of privacy. So one of the things we can do as citizens is to take responsibility in our own hands. We can indeed source all technologies, source computers pre-2008 that have not built-in hardware backdoors. We can use decent PGP encryption, we can use Tor to hide what we are looking at in the internet, we can use other encryption methodologies to protect our privacy, and we need to. I think it’s a very interesting crossroads in our history, both as civilizations, as democracy and as individuals, but also how we view the technology, how we use it, how we can better use it to protect our life, so that is going it be an ongoing debate. I’m very pleased to see this in Germany particularly. The politicians seem to be waking up around these issues and wanting debate these issues because the USA has got away with it for long enough across the West.

RT Interview – the anniversary of Edward Snowden

Here is an interview I did on 5th June, the anniversary of the start of Edward Snowden’s disclosures about the global surveillance infrastructure that is being built.

rt_int_snowden

RT interview on Snowden & digital privacy from Annie Machon on Vimeo.

The Year of Edward Snowden

First published on RT OP-Edge. Also on Consortium News, Huffington Post, and the Sam Adams Award website.

A year ago I stumbled  across a story about a worrying new surveillance programme developed by the NSA: Prism. While nobody was identified as the source of the disclosure, I was awestruck by the bravery of this unknown person.

At that time the Obama administration had been waging an aggressive war on whistleblowers: ex-CIA officer, John Kiriakou, who exposed the CIA’s torture programme, was languishing in prison while the torturers went free; Kirk Wiebe, William Binney and Thomas Drake of the NSA had narrowly escaped prosecution for exposing NSA malfeasance – indeed, despite having gone through all the approved channels, Drake had faced a 35-year prison sentence; and of course the kangaroo court had just started to try Chelsea Manning for her exposure of US war crimes. Inevitably, it is the whistleblower Manning who is now serving a 35 year stretch in prison, not the war criminals.

President Obama has used and abused the 1917 US Espionage Act against whistleblowers during his years in the White House more times than all his predecessors put together, while at the same time allowing a bone fide spy ring – the Russian illegals exposed in 2010 – to return home. This paranoid hunt for the “insider threat” has been going on since at least 2008, as we know from documents leaked to Wikileaks in 2010.

Against this background, fully aware of the hideous risks he was taking and the prospect of the rest of his life behind bars, a young man stepped forward. Four days after the initial Prism disclosure, Edward Snowden announced to the world that he was the source of the story and many more to come. He was clear then about his motivation and he remains clear now in the few interviews he has done since: what he had seen on the inside of the NSA caused him huge concern. The American intelligence infrastructure, along with its equivalent agencies across the world, was constructing a global surveillance network that not only threatened  the constitution of the United States, but also eroded the privacy of all the world’s citizens.

The global surveillance state wanted to “master the internet“, as another disclosure proved, and the UK’s GCHQ stepped up to the plate. As increasing numbers of us conduct aspects of our lives over the internet (be it banking, health, social lives, organisations, activism, relationships) this growing lack of privacy strikes at the very root of democracy. Privacy was enshrined as a basic human right in the UN Declaration in 1948 precisely because without it we are vulnerable to the encroachments and abuses of the state. What Snowden has disclosed would the the Stasi’s wet dream and goes far beyond the dystopic horrors of George Orwell’s novel “1984”.

So what did Snowden disclose?  Prism was only the start, and that was bad enough – a programme to scoop up all our metadata: whom we’re in contact with, for how long, what we’re reading, what we’re viewing. NSA apologists say that this is not invasive, it is not looking at the contents of communications. I can assure your that metadata is intelligence gold dust. It can provide a far more detailed overview of a person’s life than any individual communication often can.

But it gets worse. Then came Tempora and associated documents that disclosed that the UK’s GCHQ was mainlining information from the transatlantic fibre optic cables, which affected all European citizens, as well as displaying how GCHQ was prostituting itself to the NSA for money and putting NSA objectives above the priorities of the UK government.

And then XKeyscore, enthusiastically used by Germany’s BND, presumably without the knowledge of its political masters.  There have been many more: Brazil’s Petrobras oil company, the French telephone network, charities, the Muscular access point and the massive Fascia database, which contains trillions of device-location records….. Where to stop?

This year Britain’s Joint Threat Research Intelligence Group was using Squeaky Dolphin‘s real-time monitoring of social media networks, and the bulk collection of private webcam images via the Optic Nerve programme.

This last most grimly does away with the “done nothing wrong, nothing to hide” argument. In this era of families living in different countries and long distance relationships, video skype is increasingly used to stay in contact with loved ones.  And this contact can be somewhat intimate at times between couples. On video. Anyone who has ever used skype for such purposes must surely be feeling violated?

Out of this morass of spying came moments of personal annoyance for western politicians, not least the information that German Chancellor Angela Merkel’s mobile phone was also being tapped, as were those of numerous other politicians. Which rather blows out of the water the much-abused argument that all this surveillance is to stop terrorists. On what planet would the NSA spooks need to live to seriously think that Merkel could be deemed a terrorist?

All these disclosures are of the gravest public interest. Yet how have western politicians reacted?  In the usual way – shoot the messenger. All the standard li(n)es have been trotted out by the spies: Snowden was too junior to know what he is talking about, and was  “just” a contracted systems administrator (this line says more the ignorance of the politicians about all things tech than anything about Snowden’s job); that Snowden is a traitor for fleeing to Russia, when in fact he was trapped there by the USA withdrawing his passport while in transit to Latin America; or that he should “man up” and return to the US to stand trial. There were even apparently calls from the spies for him to be extrajudicially murdered.

Despite this, his disclosures have resulted in congressional hearings in the US, where senior spooks have been caught out lying about the efficacy of these spy programmes.  A US federal judge has declared the NSA’s activities unconstitutional, and minor reforms are underway to protect the rights of US citizens within their own country.

Which is a start.  However, that still leaves the rest of us living under the baleful gaze of the NSA and its vassals.

The British response has been largely muted, with politicians immediately assuring the grateful citizens of the UK that everything done by the spies is legal and proportionate, when in fact it was manifestly not. Nor is this any consolation for the rest of Europe’s citizens – after all, why should the British Foreign Secretary be able to take it upon himself to authorise intercept programmes such as Tempora that sweep up the communications of an entire continent?

Press discussion of Snowden’s disclosures in the UK has been largely muted because of a censorship notice slapped on the media, while the Guardian newspaper that helped to break the story had its hard disks smashed up by GCHQ.

Other countries have displayed a more robust response, with Brazil planning to build its own transatlantic cables to Europe to avoid the Tempora programme, and in Germany people have been demanding that the constitution be upheld and privacy ensured against the American surveillance behemoth.

The European parliamentary Civil Liberties, Justice and Home Affairs (LIBE) committee has held months-long hearings with evidence from tech experts, whistleblowers and campaigners about what it should do to protect EU citizens from the predations of the US.  Edward Snowden himself gave a statement. This is all well and good, but it would be more helpful if they could give Snowden asylum in Europe and also put in place some meaningful measures to protect our rights one year on – in fact, all they would need to do is enact the provisions of the European parliament’s own July 2001 report into the Echelon fiasco.

Echelon, some of you may remember, was a global proto-surveillance network, where the intelligence agencies of the US, UK, New Zealand, Australia, and Canada (now called Five Eyes) could all share product and subvert oversight measures in each others’ countries. In 2001 the EU recommended that Europe develop its own internet infrastructure and move away from its dependency on US corporate proprietary software.  All good suggestions, but all too soon forgotten after 9/11 and the rush to the “war on terror”.

One year on from Snowden I would suggest that these measures should indeed be implemented. The European Parliament needs to take action now and show its 500 million citizens that it is serious about protecting their rights rather than pandering to the demands of the US government and its corporate sponsors.

So, on this anniversary, I want to salute the bravery of Edward Snowden. His conscious courage has given us all a fighting chance against a corporate-industrial-intelligence complex that is running amok across the world.   I hope that we can all find within us an answering courage to do what is right and indeed take back our rights. His bravery and sacrifice must not be in vain.

Circumventing the Panopticon, Transmediale Berlin

Last month I was on a panel discussion at the Berlin Transmediale conference with NSA whistleblower Bill Binney, Chelsea Manning rapporteur Alexa O’Brian, and activist Diani Barreto. Here is the link to the full two hour event, and here is my speech:

transmediale

Transmediale, Berlin 2014 from Annie Machon on Vimeo.