Former MI6 spy v Wikileaks editor: First Amendment Rights

First pub­lished on RT Op-Ed on 24 August 2018.

While it is all too easy to become frus­trated and annoyed by what passes for news in the leg­acy media these days, this art­icle in the Daily Mail did arouse my par­tic­u­lar ire early one morn­ing – and in this instance no par­tic­u­lar blame attaches to the news­pa­per, it is simply report­ing some unpal­at­able facts.

The gist of it is that former Brit­ish MI6 intel­li­gence officer and cur­rent mer­cen­ary spy-for-hire, Chris­toph­er Steele, author of the dis­cred­ited “Dirty Dossier” about Don­ald Trump, has been accor­ded First Amend­ment rights in a court case in the USA.

You might won­der why this art­icle caused me so much splut­ter­ing annoy­ance over my break­fast? Steele’s treat­ment is in marked con­trast to that accor­ded to Wikileaks pub­lish­er and edit­or in chief, Juli­an Assange, and the hypo­crisy is breath­tak­ing. Allow me to expound.

Chris­toph­er Steele is a Brit­ish intel­li­gence officer of pretty much my vin­tage. Accord­ing to what is avail­able pub­licly, he worked for MI6, the Brit­ish over­seas intel­li­gence gath­er­ing agency, for 22 years, serving in Rus­si­an in the early 90s and in Par­is at the end of that dec­ade – around the time that MI5 whis­tleblower, Dav­id Shayler, was imprisoned in that city pending a failed extra­di­tion case to the UK. It is prob­able that Steele would have been mon­it­or­ing us then.

After being outed as an MI6 officer in 1999 by his former col­league, Richard Tom­lin­son, he was pretty much desk-bound in Lon­don until he resigned in 2009 to set up, in the inim­it­able way of so many former spooks, a private con­sultancy that can provide plaus­ibly deni­able ser­vices to cor­por­a­tions and per­haps their former employers.

Steele estab­lished just such a mer­cen­ary spy out­fit, Orbis Busi­ness Intel­li­gence, with anoth­er ex-col­league Chris Bur­rows in 2009. Orbis made its name in expos­ing cor­rup­tion at the heart of FIFA in 2015 and was there­after approached as an out-sourced part­ner by Fusion GPS – the com­pany ini­tially hired to dig dirt on pres­id­en­tial can­did­ate Don­ald Trump in 2016 by one of his Repub­lic­an rivals and which then went on to dig up dirt on behalf of Hil­ary Clinton’s DNC.

The res­ult is what has become known as the “Dirty Dossier”, a grubby col­lec­tion of pruri­ent gos­sip with no real evid­ence or prop­erly sourced inform­a­tion. As a former MI6 intel­li­gence officer, Steele should be hanging his head in shame at such a shoddy and embar­rass­ingly half-baked report.

On a slightly tan­gen­tial note, there has been some spec­u­la­tion, sup­pressed in the UK at least via the D Notice cen­sor­ship sys­tem, that MI6 agent and Rus­si­an trait­or Sergei Skri­p­al, the vic­tim of the alleged Novichok pois­on­ing in the UK earli­er this year, remained in con­tact with his hand­ler Pablo Miller, who also is repor­ted to work for Orbis Busi­ness Intel­li­gence. If this were indeed the case, then it would be a logic­al assump­tion that Orbis, via Miller, might well have used Skri­p­al as one of its “reli­able sources” for the Dossier.

Des­pite all this, Steele has won a leg­al case in the USA, where he had been sued by three Rus­si­an olig­archs who claimed that the Dirty Dossier tra­duced their repu­ta­tions. And he won on the basis that his report was pro­tec­ted by First Amend­ment rights under the con­sti­tu­tion of the USA, which guar­an­tees US cit­izens the right to free­dom of expres­sion. Des­pite the fact that Steele is British:

But Judge Anthony Epstein dis­agreed, writ­ing in his judg­ment that “advocacy on issues of pub­lic interest has the capa­city to inform pub­lic debate, and thereby fur­thers the pur­poses of the First Amend­ment, regard­less of the cit­izen­ship or res­id­ency of the speakers”.”

This is the nub of the issue: Steele, a former offi­cial UK intel­li­gence officer and cur­rent mer­cen­ary spy-for-hire, is gran­ted leg­al pro­tec­tion by the Amer­ic­an courts for dig­ging up and sub­sequently leak­ing what appears to be con­tro­ver­sial and defam­at­ory inform­a­tion about the cur­rent Pres­id­ent as well as vari­ous Rus­si­ans, all paid for by Trump’s polit­ic­al oppon­ents. And Steele is giv­en the full pro­tec­tion of the US leg­al system.

On the oth­er hand we have an award-win­ning journ­al­ist and pub­lish­er, Juli­an Assange, whose organ­isa­tion Wikileaks has nev­er been found to report any­thing fac­tu­ally incor­rect in over 10 years, being told that if he were to be extra­dited from his cur­rent polit­ic­al asylum in the Ecuadori­an embassy in Lon­don to face the full wrath of a venge­ful Amer­ic­an estab­lish­ment, he is not entitled to claim pro­tec­tion of the First Amend­ment because his is an Aus­trali­an cit­izen not an American.

It has been an open secret for years that the US gov­ern­ment has installed a secret Grand Jury in Vir­gin­ia (the home of the CIA) to invest­ig­ate Assange and bring him to “justice” for pub­lish­ing embar­rass­ing US gov­ern­ment doc­u­ments as well as evid­ence of war crimes. There have been calls from US politi­cians for the death sen­tence, life in pris­on without parole, and even assas­sin­a­tion. The US has been scrab­bling around for years to try to find any charge it could poten­tially throw at him – hell, it will prob­ably make up a new law just for him, so des­per­ate as it is to make an example of him.

How­ever, the fake “Rus­siagate” nar­rat­ive gave the US deep state an addi­tion­al spur – against all evid­ence and Assange’s own state­ments – it alleges that “Rus­sia” hacked the DNC and Podesta emails and Assange was the con­duit to make them pub­lic. This is seen as a win-win for the US estab­lish­ment, appar­ently if erro­neously prov­ing that Rus­sia hacked the US pres­id­en­tial elec­tion and con­firm­ing that Assange runs an “non-state hos­tile intel­li­gence agency”, accord­ing to cur­rent CIA Dir­ect­or, Mike Pompeo

Except he does not. He is an edit­or run­ning a high-tech pub­lish­ing out­fit that has caused embar­rass­ment to gov­ern­ments and cor­por­a­tions around the world, not just Amer­ica. If he can be pro­sec­uted for pub­lish­ing inform­a­tion very much in the pub­lic interest, then all the leg­acy media feed­ing off the Wikileaks hydrant of inform­a­tion are equally vul­ner­able.

This being the case, surely he of all people requires the pro­tec­tion of the First Amend­ment in the USA? Oth­er­wise the concept that free media can hold power to account is surely dead?

Have British Spies been hacking the EU?

First pub­lished by Con­sor­ti­um News.

Just after mid­night on 16 August I was called by LBC in Lon­don for a com­ment on a break­ing story on the front page of The Daily Tele­graph about Brit­ish spies hack­ing the EU. Even though I had just retired to bed, the story was just too irres­ist­ible, but a radio inter­view is always too short to do justice to such a con­vo­luted tale. Here are some longer thoughts.

For those who can­not get past the Tele­graph pay wall, the gist is that that the EU has accused the Brit­ish intel­li­gence agen­cies of hack­ing the EU’s side of the nego­ti­ations. Appar­ently some highly sens­it­ive and neg­at­ive slides about the Brit­ish Prime Minister’s plan for Brexit, the Chequers Plan, had landed in the lap of the Brit­ish gov­ern­ment, which then lob­bied the EU to sup­press publication.

Of course, this could be a genu­ine leak from the Brus­sels sieve, as Brit­ish sources are claim­ing (well, they would say that, wouldn’t they?). How­ever, it is plaus­ible that this is the work of the spies, either by recruit­ing a paid-up agent well-placed with­in the Brus­sels bur­eau­cracy, or through elec­tron­ic surveillance.

Before dis­miss­ing the lat­ter option as con­spir­acy the­ory, the Brit­ish spies do have form. In the run up to the Iraq war in 2003, the USA and UK were des­per­ate to get a UN Secur­ity Coun­cil res­ol­u­tion to invade Iraq, thus provid­ing a fig leaf of appar­ent legit­im­acy to the illeg­al war. How­ever, some coun­tries with­in the UN had their doubts and the USA asked Britain’s listen­ing post, GCHQ, to step up its sur­veil­lance game. Fore­warned is fore­armed in del­ic­ate inter­na­tion­al negotiations.

How do we know this? A brave GCHQ whis­tleblower called Kath­er­ine Gun leaked the inform­a­tion to The Observ­er. For her pains, she was threatened with pro­sec­u­tion under the dra­coni­an terms of the UK’s 1989 Offi­cial Secrets Act, and faced two years in pris­on. The case was only dropped three weeks before her tri­al was due to begin, partly because of the feared pub­lic out­cry, but mainly because her law­yers threatened to use the leg­al defence of “neces­sity” – a defence won only three years before dur­ing the case of MI5 whis­tleblower, Dav­id Shayler. Tan­gen­tially, a film is this year being made about Gun’s story.

We also have con­firm­a­tion from one of the early 2013 Edward Snowden dis­clos­ures that GCHQ had hacked its way into the Bel­ga­com net­work – the nation­al tele­com­mu­nic­a­tions sup­pli­er in Bel­gi­um. Even back then there was an out­cry from the EU bod­ies, wor­ried that the UK (and by exten­sion its closest intel­li­gence buddy the USA), would gain lever­age with stolen knowledge.

So, yes, it is per­fectly feas­ible that the UK could have done this, even though it was illeg­al back in the day. GCHQ’s inces­tu­ous rela­tion­ship with the America’s NSA gives it massively great­er cap­ab­il­it­ies than oth­er European intel­li­gence agen­cies, and the EU knows this well, which is why is is con­cerned to retain access to the UK’s defence and secur­ity powers post-Brexit, and also why it has jumped to these con­clu­sions about hacking.

But that was then and this is now. On 1st Janu­ary 2017 the UK gov­ern­ment finally signed a law called the Invest­ig­at­ory Powers Act, gov­ern­ing the leg­al frame­work for GCHQ to snoop. The IPA gave GCHQ the most dra­coni­an and invas­ive powers of any west­ern demo­cracy. Oth­er­wise known in the Brit­ish media as the “snoop­ers’ charter”, it had been defeated in Par­lia­ment for years, but Theresa May, then Home Sec­ret­ary, pushed it through in the teeth of leg­al and civil soci­ety oppos­i­tion. This year the High Court ordered the UK gov­ern­ment to redraft the IPA as it is incom­pat­ible with European law.

The IPA leg­al­ised what GCHQ had pre­vi­ously been doing illeg­ally post‑9/11, includ­ing bulk metadata col­lec­tion, bulk data hack­ing, and bulk hack­ing of elec­tron­ic devices.

It also notion­ally gave the gov­ern­ment great­er over­sight of the spies’ actions, but these meas­ures remain weak and offer no pro­tec­tion if the spies choose to keep quiet about what they are doing. So if GCHQ did indeed hack the EU, it is feas­ible that the For­eign Sec­ret­ary and the Prime Min­is­ter remained ignor­ant of what was going on, des­pite being leg­ally required to sign off on such oper­a­tions. In which case the spies would be run­ning amok.

It is also feas­ible that they were indeed fully briefed and an argu­ment could be made that they would be cor­rect to do so. GCHQ and the oth­er spy agen­cies are required to pro­tect “nation­al secur­ity and the eco­nom­ic well-being” of Great Bri­tain, and I can cer­tainly see a strong argu­ment could be made that they were doing pre­cisely that, provided they had pri­or writ­ten per­mis­sion for such a sens­it­ive oper­a­tion, if they tried to get advance intel­li­gence about the EU’s Brexit strategy.

This argu­ment becomes even more power­ful when you con­sider the prob­lems around the fraught issue of the bor­der between North­ern Ire­land and Ire­land, an issue about which the EU is being par­tic­u­larly intransigent. If a deal is not made then the 1998 Good Fri­day Agree­ment could be under threat and civil war might again break out in North­ern Ire­land. You can­not get much more “nation­al secur­ity” than that and GCHQ would be jus­ti­fied in this work, provided it has acquired the neces­sary leg­al sign-offs from its polit­ic­al masters.

How­ever, these argu­ments will do noth­ing to appease the enraged EU offi­cials. No doubt the UK gov­ern­ment will con­tin­ue to state that this was a leak from a Brus­sels insider and oil will, pub­licly at least, be seen to have been poured on troubled dip­lo­mat­ic waters.

How­ever, behind the scenes this will mul­tiply the mutu­al suspicion,and will no doubt unleash a witch hunt through the cor­ridors of EU power, with top civil ser­vant Martin Sel­mayr (aka The Mon­ster) cast as Witchfind­er Gen­er­al. With him on your heels, you would have to be a very brave leak­er, whis­tleblower, or even paid-up agent work­ing for the Brits to take such a risk.

So, per­haps this is indeed a GCHQ hack. How­ever jus­ti­fi­able this might be under the leg­ally neb­u­lous concept of “nation­al secur­ity”, this will pois­on fur­ther the already tox­ic Brexit nego­ti­ations. As Angela Merkal fam­ously if dis­en­gen­ously said after the Snowden rev­el­a­tion that the USA had hacked her mobile phone: “no spy­ing among friends”. But per­haps this is an out­dated concept – nor has the EU exactly been entirely friendly to Brexit Britain.

I am just wait­ing for the first hys­ter­ic­al claim that it was the Rus­si­ans instead or, fail­ing them, former Trump strategist-in-chief, Steve Ban­non, reportedly cur­rently on a mis­sion to build a divis­ive Alt-Right Move­ment across Europe…..

Whistleblowers — RT Interview

In the wake of anoth­er appar­ently vic­tim­ised whis­tleblower emer­ging from the US intel­li­gence com­munity, here is an inter­view on the sub­ject on RT:

Living in a World Bereft of Privacy

First Pub­lished by Con​sor​ti​um​news​.com.

A few days ago I first received a men­acing mes­sage from someone call­ing her­self Susana Per­itz, telling me that “she” had hacked my email, planted mal­ware on my com­puter, and had then filmed me get­ting my jol­lies while watch­ing “inter­est­ing” porn online. Her email had caught my atten­tion because it had writ­ten in the sub­ject line a very old pass­word, attached to a very old email address I had not used for over a dec­ade, and the mal­ware must have been planted on a defunct computer.

Put­ting aside the fact that I am far more con­cerned about GCHQ or the NSA hack­ing my com­puter (as should we all be), this did rather amuse me.

Appar­ently, I must pay this “Susana” $1000 via Bit­coin or, shock, have my alleged pleas­ures shared with my acquaint­ances. And just last night I received anoth­er cour­teous request for cash from someone call­ing them­selves Jil­l­ie Abdulrazak, but the price has now inflated to $3000.

Why am I not con­cerned? Well, I can safely say — hand on heart — that I have nev­er watched online porn. But this got me think­ing about how or why I could have been singled out for this mark of a blackmailer’s esteem, and that brings me on to some rather dark thoughts.

It is per­fectly pos­sible that a rare, unguarded moment of long-dis­tance online love might have been cap­tured (but by whom?). That would prob­ably be over a dec­ade ago and would cer­tainly have been using the old email account which was attached to the par­tic­u­lar pass­word at the time.

How­ever, even those memor­ies have been denied me – I dis­tinctly remem­ber that I have been too para­noid for too long and have always covered the built-in com­puter cam­era lens. Any­thing that could pos­sibly have been recor­ded could only be audio – a saucy phone call at most. There can be no video of my young­er self, alas.

I have had good reas­on to be para­noid. In the late 1990s I sup­por­ted my former part­ner and fel­low MI5 intel­li­gence officer, Dav­id Shalyer, in his whis­tleblower exploits to expose the crimes and incom­pet­ence of the UK spy agen­cies at the time.

This res­ul­ted in us lit­er­ally going on the run across Europe, liv­ing in hid­ing for a year in la France pro­fonde, and anoth­er two years in exile in Par­is before he vol­un­tar­ily returned to the UK in 2000 to face the music and inev­it­ably, under the terms of the UK’ dra­coni­an 1989 Offi­cial Secrets Act, being sent to pris­on for expos­ing the crimes of Brit­ish spies.From those years, know­ing what we knew about the spies’ cap­ab­il­it­ies even then, the sense of being always poten­tially watched has nev­er rubbed off.

So, know­ing abso­lutely that I have nev­er watched any online porn and that I always keep my com­puter cam­era lens covered, “Susana” and “Jil­l­ie” can go whistle. You have tried to shake down the wrong para­noid ex-MI5 whis­tleblower, darlings. And my tech people are now hunt­ing you.

Any pos­sible audio could, I sup­pose, be spliced in some way to some dodgy video to make this the stuff of a blackmailer’s dreams. That, surely, will be easy to forens­ic­ate – and indeed I have oth­er friends who can do this, at world class level.

Altern­at­ively, the former love at the time could have recor­ded the audio for his own nefar­i­ous per­son­al usage for some neb­u­lous time in the future. And if that future is now, after he had shown him­self a long time ago to be chron­ic­ally dis­hon­est, why do this in 2018 when we have been sep­ar­ated for years?

Or indeed, he may have con­tin­ued to used the old email account him­self to watch vile mater­i­al – he cer­tainly had the pass­word back then and per­haps he uses it to dis­tance him­self from his own porn habit (fap­ware, as the geeks call it)? If that is the case, he is even less hon­our­able than I had con­sidered him to be.

Or per­haps this is some type of dark LoveInt oper­a­tion by the spooks, in some failed attempt to fright­en or embar­rass me?

But there is, of course, a big­ger, more polit­ic­al picture.

Ever since I worked as an intel­li­gence officer for MI5, before going on the run with Dav­id Shayler dur­ing the whis­tleblow­ing years in the late 1990s, I have been pain­fully aware of the tech cap­ab­il­it­ies of the spies. Even back then we knew that com­puters could be cap­tured by adversar­ies and turned against you – key­stroke log­gers, remote record­ing via micro­phones, cam­er­as switched on to watch you, and many oth­er horrors.

The whis­tleblow­ing of Edward Snowden back in 2013 has con­firmed all this and more on an indus­tri­al, glob­al scale – we are all poten­tially at risk of this par­tic­u­lar inva­sion of our per­son­al pri­vacy. I have kept my com­puter and mobile cam­era lenses covered for all these years pre­cisely because of this threat.

One spe­cif­ic Snowden dis­clos­ure, which has received little MSM trac­tion, was a pro­gramme called OPTIC NERVE. This was a GCHQ pro­gramme (fun­ded by Amer­ic­an money) that allowed the spooks to inter­cept in real time video con­fer­en­cing calls. It turned out, hor­ror, that 10% of them were of a sala­cious nature, and the spooks were shocked!

I have spoken about pri­vacy and sur­veil­lance at con­fer­ences around the world and have many, many times had to debate the sup­pos­i­tion that “if you are doing noth­ing wrong, you have noth­ing to hide”.

How­ever, most people would like to keep their intim­ate rela­tion­ships private. In this era of work travel and long dis­tance rela­tion­ships, more of us might well have intim­ate con­ver­sa­tions and even video play via the inter­net. In an adult, con­sen­su­al and mutu­ally pleas­ur­able con­text, we are doing noth­ing wrong and we have noth­ing to hide, but we surely don’t want the spooks to be watch­ing us or listen­ing in, any more than we would want the crim­in­als cap­tur­ing images and try­ing to shake us down for money.

This low-level and ama­teur attempt at extor­tion is ris­ible. Unfor­tu­nately, the threat from our gov­ern­ments spy­ing on us all is not.

More Russiagate Rubbish

An RT inter­view about the over-reac­tion around the head of the CIA, Mike Pom­peo, meet­ing his Rus­si­an counter-part:

More Rus­siagate Rub­bish from Annie Machon on Vimeo.

Good Technology Collective

Recently I was invited to be on the glob­al coun­cil of a new tech policy inti­ti­at­ive called the Good Tech­no­logy Col­lect­ive, based in Berlin.

~ Foun­ded by a group of tech­no­logy enthu­si­asts led by 1aim co-founders Torben Friehe and Yann Lere­taille, the GTC will serve as a cru­cial European for­um for pilot­ing tech­no­lo­gic­al advances in the 21st cen­tury. Through its Expert Coun­cil, it will bring togeth­er lead­ing founders, engin­eers, sci­ent­ists, journ­al­ists, and act­iv­ists, who will research, gen­er­ate con­ver­sa­tion around, and offer coun­sel as to the soci­et­al impact of AI, vir­tu­al real­ity, Inter­net of Things, and data surveillance.

We believe that there are eth­ic­al ques­tions con­cern­ing how fron­ti­er tech­no­lo­gies will affect our daily lives,” Lere­taille said. “As a soci­ety, Europe deserves broad and access­ible dis­cus­sions of these issues, hos­ted by those who appre­ci­ate, under­stand, and worry about them the most.” ~

The Good Tech­no­logy Col­lect­ive (GTC), a new European think-tank address­ing eth­ic­al issues in tech­no­logy, will offi­cially open its doors in Ber­lin on Decem­ber 15th. The grand open­ing will kick off at 7:30PM (CET) at Soho House Ber­lin and I shall be one of the guest speakers.

Invit­a­tions are lim­ited for the grand open­ing. Those inter­ested in attend­ing should con­tact: rsvp@goodtechnologycollective.com; or, fill in the invit­a­tion form at: https://​goo​.gl/​X​p​n​djk.

And here is an intro­duct­ory inter­view I did for GTC recently:

Why We Must Fight for Privacy

We live in a soci­ety where shad­owy fig­ures influ­ence what makes the news, who goes to jail, and even who lives or dies. 

We live in a sys­tem where cor­por­a­tions and the state work togeth­er to take con­trol of our inform­a­tion, our com­mu­nic­a­tions, and poten­tially even our future digit­al souls.

So we do not merely have the right, but rather the oblig­a­tion, to fight for our privacy.

It is a simple human right that is essen­tial for a func­tion­ing democracy. 

But we are a long way away from hav­ing that right guar­an­teed, and we have been for a long time.

My Time as a Spy

I spent six years work­ing with MI5, the Brit­ish domest­ic counter-intel­li­gence and secur­ity agency, in the 1990s. It was a time of rel­at­ive peace after the Cold War and before the hor­rors of Septem­ber 11, 2001, when the gloves came off in the War on Terror.

And even then, I was hor­ri­fied by what I saw.

There was a con­stant stream of illeg­al wireta­ps and files kept on hun­dreds of thou­sands of our cit­izens, act­iv­ists, journ­al­ists, and politicians. 

Inno­cent people were sent to pris­on due to sup­pressed evid­ence in the 1994 bomb­ing of the Israeli Embassy in Lon­don. IRA bomb­ings that could have been pre­ven­ted were allowed to take place, and the MI6 fun­ded a plot to murder Liby­an lead­er Col­on­el Gad­dafi using Al Qaeda affil­i­ates. He sur­vived, oth­ers did not.

This is just part of the cor­rup­tion I saw intel­li­gence and secur­ity agen­cies engage in.

The pub­lic and many politi­cians believe these agen­cies are account­able to them, but that is simply not how things work in real­ity. More often than not, we only know what they want us to hear.

State Manip­u­lates News and Politics

I wit­nessed gov­ern­ment agen­cies manip­u­late the news through guile and charm, at times even writ­ing it them­selves. Fake news is not new. The state has long shaped media cov­er­age using vari­ous methods.

This was the case in the ana­logue era, and things have become worse in the era of the Web.

In the end, I felt there was no choice but to blow the whistle, know­ing that it would end my career. My part­ner and I resigned, and we went into hiding. 

We spent years on the run for breach­ing the UK Offi­cial Secrets Act. We would have been imprisoned if caught.

We fled Bri­tain in 1997, spend­ing three years in a French farm­house and a loc­a­tion in Par­is. My part­ner went to pris­on, twice, and we learned indelible les­sons about state power along the way.

Learn­ing the Value of Privacy

We also learned the value of privacy. 

As high-value tar­gets, we knew our com­mu­nic­a­tions and rel­at­ives were monitored. 

So when I called or emailed my moth­er, I had to self-cen­sor. I had to assume that her house was bugged, as yours could be.

Our friends were pres­sured into cooper­at­ing with the police. It was one way we were stripped of our pri­vacy, cor­rod­ing our spir­it.

You lose trust in every­one around you, and you do not say any­thing that could give you away.

Sur­veil­lance Has Moved with the Times

That was then. Today, sur­veil­lance is part of our daily lives, on the Inter­net and in the street. 

Edward Snowden recently revealed the scale of gov­ern­ment sur­veil­lance. And it is mind-boggling. 

The Snowden Effect, as it is known, has made 28 per­cent of the people in the United King­dom rethink their online habits. If we do not feel we have pri­vacy, then in a way it does not mat­ter if someone is watch­ing us. We will self-cen­sor any­way. Just in case. 

This has a tan­gible impact on soci­ety. It is the road to a world like Orwell’s 1984.

Legit­im­ate act­iv­ists know they can be watched. This means that protest­ors may think twice before get­ting involved with press­ing issues. Sur­veil­lance is a sure-fire means of stifling democracy.

We Are All Being Watched

Snowden revealed that Inter­net com­pan­ies opened their doors to the U.S. Nation­al Secur­ity Agency and the Brit­ish Gov­ern­ment Com­mu­nic­a­tions Headquar­ters (GCHQ). He also dis­closed that Brit­ish intel­li­gence was hand­ing over inform­a­tion on Europeans to Amer­ic­an intel­li­gence agencies. 

Both gov­ern­ment agen­cies can access our video com­mu­nic­a­tions. Appar­ently their per­son­nel were forced to sit through so many expli­cit “romantic” video calls that they later had to receive counseling. 

It might sound amus­ing. But it shows that the state is reg­u­larly invad­ing our privacy.

And that is just gov­ern­ment agen­cies. The cor­por­ate world is sur­veilling us, too. Com­pan­ies have been gran­ted excep­tion­al powers to see who is shar­ing inform­a­tion and files across the Internet.

When the FBI Is a Cor­por­ate Tool

In New Zea­l­and, Kim Dot­com developed MegaUp­load. It did have legit­im­ate users, but the fact that some dis­trib­uted pir­ated intel­lec­tu­al prop­erty led to an FBI raid on his home. 

Likely under the influ­ence of the FBI, the New Zea­l­and author­it­ies per­mit­ted sur­veil­lance to bol­ster the U.S. extra­di­tion case against him. In Octo­ber 2012, Prime Min­is­ter John Key pub­licly apo­lo­gized to Dot­com, say­ing that the mis­takes made by New Zealand’s Gov­ern­ment Com­mu­nic­a­tions and Secur­ity Bur­eau before and dur­ing the raid were “appalling.

This was all a massive infringe­ment on New Zealand’s sov­er­eignty. One must won­der how the cor­por­ate world can wield so much influ­ence that the FBI is able to a raid the home of an entre­pren­eur on for­eign land.

This is not how gov­ern­ment agen­cies are meant to work. It is a pin­cer move­ment between the cor­por­a­tions and the state. 

This Is the Defin­i­tion of Fascism

Itali­an dic­tat­or Benito Mus­solini defined fas­cism as the mer­ging of the state and the cor­por­ate world. And it is becom­ing increas­ingly clear that we are head­ing in this direction. 

We are all con­stantly con­nec­ted through our smart­phones and com­puters. Incid­ent­ally, any hard­ware, even USB cables, pro­duced after 1998 prob­ably comes with a back­door entry point for the government. 

We also freely provide inform­a­tion on Face­book that would have taken secur­ity and intel­li­gence agen­cies weeks to assemble before the era of digit­al communications.

We need to know who is watch­ing that inform­a­tion, who can take it, and who can use it against us. 

Research con­duc­ted today may one day lead to our entire con­scious­ness being uploaded into a com­puter. Humans could become soft­ware-based. But who might be able to manip­u­late that inform­a­tion and how?

It is vital for us to start think­ing about ques­tions such as these.

Secret Legis­la­tion Can Change Our World

In Europe, we are see­ing the Transat­lantic Trade Invest­ment Part­ner­ship (TTIP) forced upon us. It is a ghastly piece of legis­la­tion through which cor­por­ate lob­by­ists can neg­at­ively affect 500 mil­lion people. 

Its investor-state dis­pute set­tle­ment clause grants mul­tina­tion­al cor­por­a­tions the leg­al status of a nation-state. If they feel gov­ern­ment policies threaten their profits, they can sue gov­ern­ments in arbit­ra­tion tribunals. The treaty paper­work is kept in a guarded room that not even politi­cians work­ing on the legis­la­tion can access freely.

Sim­il­ar pro­jects were attemp­ted before, but they were over­turned by the weight of pub­lic opin­ion. The pub­lic spoke out and pro­tested to ensure that the legis­la­tion nev­er came to pass. 

We must pro­tect our right to demo­cracy and the rule of law, free from cor­por­ate intervention.

A Per­fect Storm for Privacy?

A per­fect storm against pri­vacy is brew­ing. A debate con­tin­ues over how much con­trol the state should exer­cise over the Inter­net amid the threat of ter­ror­ism, which has become part of mod­ern life. 

Add to this the increas­ing ten­sion between the United States and Rus­sia and cli­mate change, and things could get quite messy, quite fast.

We need pri­vacy so we can protest when we need to. We need to be able to read and write about these top­ics, and dis­cuss them. We can­not rely on the main­stream media alone. 

We need pri­vacy to be prop­er cit­izens. This includes the right to lobby our politi­cians and express our concerns. 

We also have to be aware that politi­cians do not know what the intel­li­gence and secur­ity ser­vices are doing. We need to take our pri­vacy into our own hands. 

As a start, we must all begin using encryp­tion, open-source soft­ware and oth­er tools to make sure we have pri­vacy. If we do not, we will lose our democracy. 

It took our ancest­ors hun­dreds of years of blood, sweat, tears and death to win the right to privacy. 

We must defend that legacy.

The Sam Adams Associates — the Weirdest Club in the World

Since 2002 a unique award cere­mony has taken place annu­ally in either the USA or Europe: the Sam Adams Award for Integ­rity in Intel­li­gence. This year it occurred in Wash­ing­ton DC on 22 Septem­ber and was giv­en to vet­er­an journ­al­ist and Pulitzer Prize win­ning journ­al­ist, Sey­mour Hersh.

Why unique? Well the group com­pris­ing the Sam Adams Asso­ci­ates is made up of former West­ern intel­li­gence, mil­it­ary and dip­lo­mat­ic pro­fes­sion­als, many of whom have spoken out about abuses and crimes com­mit­ted by their employ­ers. For their pains, most have lost their jobs and some have also lost their liberty.

Laur­eates include US army whis­tleblower Chelsea Man­ning, NSA whis­tleblower Edward Snowden, FBI whis­tleblower Coleen Row­ley (Time per­son of the year in 2002 and the first SAA laur­eate), pub­lish­er Juli­an Assange, UK Ambas­sad­or Craig Mur­ray, and co-ordin­at­or of the US Nation­al Intel­li­gence Estim­ate on Iran in 2007, Dr Tom Fingar.

The com­mon theme that binds this dis­par­ate group togeth­er into a rather weird, won­der­ful and very inform­al glob­al club is that they have all attemp­ted to shine a light on the dark corners of gov­ern­ment, to speak truth to power and expose wrong­do­ing and “fake news” for the great­er good of human­ity. It is appalling that they have to pay such a high per­son­al price for doing this, which is why the Sam Adams Asso­ci­ates provides recog­ni­tion and presents as its annu­al award — a candle stick, the “corner brightener”.

The Sam Adams Award has, over most recent years, gone to bona fide whis­tleblowers such as Tom Drake, Bill Bin­ney, Jess Rad­dack and Chelsea Man­ning, while pub­lish­ers, such as Juli­an Assange of Wikileaks fame, have also received recog­ni­tion. But Sey­mour Her­sh is the first main­stream journ­al­ist to receive the accolade.

Her­sh has a long and illus­tri­ous career, begin­ning with his expos­ure of the My Lai mas­sacre in the Viet­nam war in 1969 . But it was an art­icle he wrote about the April 2017 chem­ic­al attack in Syr­ia that won him the award this year.

To remind people, on 4th April this year a chem­ic­al weapon was reportedly used against the civil­ian pop­u­la­tion of Idlib Province in Syr­ia and civil­ians were reportedly killed. Ahead of any pos­sible invest­ig­a­tion, the inter­na­tion­al media uni­lat­er­ally declared that the Assad régime had attacked its own people; Pres­id­ent Trump imme­di­ately ordered a retali­at­ory strike on the Syr­i­an Air Force base from where the alleged attack­ers launched their fight­er jets, and was lauded by the mil­it­atry-indus­tri­al com­plex for firm and decis­ive action.

Except – this was all based on a lie, as Her­sh estab­lished. How­ever, des­pite his journ­al­ist­ic repu­ta­tion, he was unable to pub­lish this story in the Amer­ic­an main­stream media, and instead had it pub­lished in Germany’s Die Welt.

————

The event in Wash­ing­ton this year was a game of two halves – the first was the din­ner where Sey­mour Her­sh was presen­ted with his award, lauded by both former intel­li­gence pro­fes­sion­als and fel­low invest­ig­at­ive journ­al­ists for his work. It was a recog­ni­tion of the value of true journ­al­ism – speak­ing truth to power and attempt­ing to hold that power to account.

The second half of the even­ing, which Mr Her­sh was unable to attend because of pri­or com­mit­ments, was the more gen­er­al annu­al SAA cel­eb­ra­tion of all things truth telling and whis­tleblow­ing. I had the hon­our of MCing the event, which included a speech from Edward Snowden, Daniel Ells­berg, SAA founder Ray McGov­ern and many more.

Between us all we have dec­ades of ser­vice and exper­i­ence across dif­fer­ent con­tin­ents. Des­pite this geo­graph­ic­al spread, com­mon themes con­tin­ue to emerge as they always do at Sam Adams events: offi­cial obfus­ca­tion, spy spin, media con­trol, illeg­al war and more.

What to do? We shall con­tin­ue to speak out in our work around the world – I just hope that the aware­ness spreads about the fake news that is daily peddled in the main­stream media and that more people begin to look behind the head­lines and search for the truth of what is going on.

Whis­tleblowers, as well as their ena­blers in the pub­lish­ing and media world, remain the reg­u­lat­ors of last resort for truth and for justice.

Here is a link to the open­ing seg­ment — oth­er parts can be found on You­tube via World Bey­ond War 2017:

#NoWar2017 Sam Adams Asso­ci­ates with Ed Snowden, Daniel Ells­berg, Annie Machon and Eliza­beth Mur­ray from Annie Machon on Vimeo.

CIA and MI5 hacking our “Internet of Things”

Yet again Wikileaks has come good by expos­ing just how much we are being spied upon in this brave new digit­al world — the Vault 7 release has provided the proof for what many of us already knew/suspected — that our smart gad­gets are little spy devices.

Here are a couple of inter­views I did for the BBC and RT on the subject:

BBCCIA and MI5 Hack our TVs from Annie Machon on Vimeo.

And:

Wikileaks release info re CIA/MI5 hacks from Annie Machon on Vimeo.

ITV Good Morning Britain, 13 January 2017

The role of MI6 and its former officer, Chris­toph­er Steele, in the com­pil­ing of the “dirty dossier” against Pres­id­ent-elect Don­ald Trump:

Good Morn­ing Bri­tain 13 01 17 from Annie Machon on Vimeo.

The NSA “Brain Drain”

The former head of the NSA, Keith Alex­an­der, is repor­ted to have said that the agency is facing a “brain drain” of its best staff, pre­dom­in­antly the young­er ones. Here is my per­spect­ive on this:

The NSA “Brain Drain” from Annie Machon on Vimeo.

German spy agency penetrated by ISIS

My recent inter­view about the Ger­man domest­ic spy agency, the BfV — the Office for the Pro­tec­tion of the Con­sti­tu­tion, iron­ic­ally — being allegedly infilt­rated by ISIS.

ISIS Agent in Ger­man Spy Agency from Annie Machon on Vimeo.

What price whistleblowers?

First pub­lished on Con­sor­ti­um News.

For­give my “infam­ously flu­ent French”, but the phrase “pour encour­ager les autres” seems to have lost its fam­ously iron­ic qual­ity. Rather than mak­ing an example of people who dis­sent in order to pre­vent future dis­sid­ence, now it seems that the USA is glob­ally pay­ing bloody big bucks to people in order to encour­age them to expose the crimes of their employ­ers – well, at least if they are work­ing for banks and oth­er fin­an­cial institutions.

I have been aware for a few years that the USA insti­tuted a law in 2010 called the Dodd-Frank Act that is designed to encour­age people employed in the inter­na­tion­al fin­ance com­munity to report mal­feas­ance to the Secur­it­ies and Exchange Com­mis­sion (SEC), in return for a sub­stan­tial per­cent­age of any mon­ies recouped.

This law seems to have pro­duced a boom­ing busi­ness for such high-minded “whis­tleblowers” – if that could be the accur­ate term for such actions? They are cel­eb­rated and can receive multi-mil­lion dol­lar pay days, the most recent (unnamed) source receiv­ing $20 mil­lion.

Nor is this US ini­ti­at­ive just poten­tially bene­fit­ing US cit­izens – it you look at the small print at the bot­tom of this page, dis­clos­ures are being sent in from all over the world.

Which is all to the pub­lic good no doubt, espe­cially in the wake of the 2008 glob­al fin­an­cial crash and the ensu­ing fall-out that hit us all.  We need more clar­ity about arcane casino bank­ing prac­tices that have bank­rup­ted whole coun­tries, and we need justice.

But does rather send out a num­ber of con­tra­dict­ory mes­sages to those in oth­er areas of work who might also have con­cerns about the leg­al­ity of their organ­isa­tions, and which may have equal or even graver impacts on the lives of their fel­low human beings.

If you work in fin­ance and you see irreg­u­lar­it­ies it is appar­ently your leg­al duty to report them through appro­pri­ate chan­nels – and then count the $$$ as they flow in as reward – wheth­er you are a USA cit­izen or based else­where around the world. Such is the power of glob­al­isa­tion, or at least the USA’s self-appoin­ted role as the glob­al hegemon.

How­ever, if you hap­pen to work in the US gov­ern­ment, intel­li­gence agen­cies or mil­it­ary, under the terms of the Amer­ic­an Con­sti­tu­tion it would also appear to be your sol­emn duty under oath to report illeg­al­it­ies, go through the offi­cially des­ig­nated chan­nels, and hope reform is the result.

But, from all recent examples, it would appear that you get damn few thanks for such pat­ri­ot­ic actions.

Take the case of Thomas Drake, a former seni­or NSA exec­ut­ive, who in 2007 went pub­lic about waste and wan­ton expendit­ure with­in the agency, as I wrote way back in 2011. Tom went through all the pre­scribed routes for such dis­clos­ures, up to and includ­ing a Con­gres­sion­al Com­mit­tee hearing.

Des­pite all this, Tom was abruptly snatched by the FBI in a viol­ent dawn raid and threatened with 35 years in pris­on.  He (under the ter­ri­fy­ing Amer­ic­an plea bar­gain sys­tem) accep­ted a mis­dimean­our con­vic­tion to escape the hor­rors of fed­er­al charges, the res­ult­ing loss of all his civic rights and a poten­tial 35 years in pris­on.  He still, of course, lost his job, his impec­cable pro­fes­sion­al repu­ta­tion, and his whole way of life.

He was part of a NSA group which also included Bill Bin­ney, the former Tech­nic­al Dir­ect­or of the NSA, and his fel­low whis­tleblowers Kirk Wiebe, Ed Lou­mis and Diane Roark.

These brave people developed an elec­tron­ic mass-sur­veil­lance pro­gramme called Thin Thread that could win­now out those people who were genu­inely of secur­ity interest and worth tar­get­ing, a pro­gramme which would have cost the US $1.4 mil­lion, been con­sist­ent with the terms of the Amer­ic­an con­sti­tu­tion and, accord­ing to Bin­ney, could poten­tially have stopped 9/11 and all the attend­ant horrors..

Instead, it appears that backs were scratched and favours called in with the incom­ing neo-con gov­ern­ment of George W Bush in 2000, and anoth­er pro­gramme called Trail Bla­izer was developed, to the tune of $1.2 bil­lion – and which spied on every­one across Amer­ica (as well as the rest of the world) and thereby broke, at the very least, the terms of the Amer­ic­an constitution.

Yet Bill Bin­ney was still sub­jec­ted to a FBI SWAT team raid – he was dragged out of the shower early one morn­ing at gun-point. All this is well doc­u­mented in an excel­lent film “A Good Amer­ic­an” and I recom­mend watch­ing it.

Rather a con­trast to the treat­ment of fin­an­cial whis­tleblowers – no retali­ation and big bucks. Under that law, Bill would have received a pay­out of mil­lions for pro­tect­ing the rights of his fel­low cit­izens as well as sav­ing the Amer­ic­an pub­lic purse to the tune of over a bil­lion dol­lars. But, of course, that is not exactly in the long-term busi­ness interests of our now-glob­al sur­veil­lance panopticon.

Pres­id­ent Dwight Eis­en­hower, in his vale­dict­ory speech in 1961, warned of the sub­vers­ive interests of the “mil­it­ary-indus­tri­al” com­plex.  That seems so quaint now.  What we are facing is a ster­oid-pumped, glob­al­ised mil­it­ary sur­veil­lance industry that will do any­thing to pro­tect its interests.  And that includes crush­ing prin­cipled whis­tleblowers “pour encour­ager les autres“.

Yet that mani­festly has not happened, as I need to move on to the even-more-egre­gious cases of Chelsea Man­ning and Edward Snowden.

The former, as you may remem­ber, was a former Amer­ic­an army private cur­rently serving 35 years in a US mil­it­ary pris­on for expos­ing the war crimes of the USA. She is the most obvi­ous vic­tim of out­go­ing-Pres­id­ent Obama’s war on whis­tleblowers, and surely deserving of his sup­posed out­go­ing clem­ency.

The lat­ter, cur­rently stran­ded in Rus­sia en route from Hong Kong to polit­ic­al asylum in Ecuador is, in my view and as I have said before, the most sig­ni­fic­ant whis­tleblower in mod­ern his­tory. But he gets few thanks – indeed incom­ing US Trump admin­is­tra­tion appointees have in the past called for the death pen­alty.

So all this is such a “won­der­fully out­stand­ing encour­age­ment” to those in pub­lic ser­vice in the USA to expose cor­rup­tion – not. Work for the banks and anonym­ously snitch – $$$kerch­ing! Work for the gov­ern­ment and blow the whistle – 30+ years in pris­on or worse. Hmmm.

If Pres­id­ent-Elect Don­ald Trump is ser­i­ous about “drain­ing the swamp” then per­haps he could put some ser­i­ous and mean­ing­ful pub­lic ser­vice whis­tleblower pro­tec­tion meas­ures in place, rather than pro­sec­ut­ing such patriots?

After all, such meas­ures would be a win-win situ­ation, as I have said many times before – a prop­er and truly account­able chan­nel for poten­tial whis­tleblowers to go to, in the expect­a­tion that their con­cerns will be prop­erly heard, invest­ig­ated and crim­in­al actions pro­sec­uted if necessary.

That way the intel­li­gence agen­cies can become truly account­able, sharpen their game, avoid a scan­dal and bet­ter pro­tect the pub­lic; and the whis­tleblower does not need ruin their life, los­ing their job, poten­tially their free­dom and worse.

After all, where are the most hein­ous crimes wit­nessed?  Sure, bank crimes impact the eco­nomy and the lives of work­ing people; but out-of-con­trol intel­li­gence agen­cies that kid­nap, tor­ture and assas­sin­ate count­less people around the world, all in secret, actu­ally end lives.

All that said, oth­er West­ern lib­er­al demo­cra­cies are surely less dra­coni­an than the USA, no?

Well, unfor­tu­nately not.  Take the UK, a coun­try still in thrall to the glam­or­ous myth of James Bond, and where there have been mul­tiple intel­li­gence whis­tleblowers from the agen­cies over the last few dec­ades – yet all of them have auto­mat­ic­ally faced pris­on.  In fact, the UK sup­pres­sion of intel­li­gence, gov­ern­ment, dip­lo­mat­ic, and mil­it­ary whis­tleblowers seems to have acted as an exem­plar to oth­er coun­tries in how you stifle eth­ic­al dis­sent from within.

Sure, the pris­on sen­tences for such whis­tleblow­ing are not as dra­coni­an under the UK Offi­cial Secrets Act (1989) as the ana­chron­ist­ic US Espi­on­age Act (1917). How­ever, the clear bright line against *any* dis­clos­ure is just as stifling.

In the UK, a coun­try where the intel­li­gence agen­cies have for the last 17 years been illeg­ally pros­ti­tut­ing them­selves to advance the interests of a for­eign coun­try (the USA), this is simply unac­cept­able. Espe­cially as the UK has just made law the Invest­ig­at­ory Powers Act (2016), against all expert advice, which leg­al­ises all this pre­vi­ously-illeg­al activ­ity and indeed expan­ded the hack­ing powers of the state.

More wor­ry­ingly, the ultra-lib­er­al Nor­way, which blazed a calm and human­ist trail in its response to the mur­der­ous white-suprem­acist ter­ror­ist attacks of Anders Breivik only 5 years ago, has now pro­posed a dra­coni­an sur­veil­lance law.

And Ger­many – a coun­try hor­ri­fied by the Snowden rev­el­a­tions in 2013, with its memor­ies of the Gestapo and the Stasi – has also just expan­ded the sur­veil­lance remit of its spooks.

In the face of all this, it appears there has nev­er been a great­er need of intel­li­gence whis­tleblowers across the West­ern world. Yet it appears that, once again, there is one law for the bankers et al – they are cashed up, lauded and rewar­ded for report­ing legalities.

For the rest of the Poor Bloody Whis­tleblowers, it’s pro­sec­u­tion and per­se­cu­tion as usu­al, des­pite the fact that they may indeed be serving the most pro­found of pub­lic interests – free­dom, pri­vacy and the abil­ity to thereby have a func­tion­ing democracy.

As always – plus ça change, plus c’est la même chose. So back to my flu­ent French, ref­er­enced at the start: we are, it seems, all still mired in the merde.

 

 

Webstock, New Zealand, 2016

Now, I speak all over the world at con­fer­ences and uni­ver­sit­ies about a whole vari­ety of inter­con­nec­ted issues, but I do want to high­light this con­fer­ence from earli­er this year and give a shout out for next year’s. Plus I’ve finally got my hands on the video of my talk.

Web­stock cel­eb­rated its tenth anniversary in New Zea­l­and last Feb­ru­ary, and I was for­tu­nate enough to be asked to speak there.  The hosts prom­ised a unique exper­i­ence, and the event lived up to its reputation.

Webstock_2016They wanted a fairly clas­sic talk from me — the whis­tleblow­ing years, the les­sons learnt and cur­rent polit­ic­al implic­a­tions, but also what we can to do fight back, so I called my talk “The Pan­op­ticon: Res­ist­ance is Not Futile”, with a nod to my sci-fi fandom.

So why does this par­tic­u­lar event glow like a jew­el in my memory? After expun­ging from my mind, with a shud­der of hor­ror, the 39 hour travel time each way, it was the whole exper­i­ence. New Zea­l­and com­bines the friend­li­ness of the Amer­ic­ans — without the polit­ic­al mad­ness and the guns, and the egal­it­ari­an­ism of the Nor­we­gi­ans — with almost equi­val­ent scenery. Add to that the warmth of the audi­ence, the eclecticism of the speak­ers, and the pre­ci­sion plan­ning and aes­thet­ics of the con­fer­ence organ­isers and you have a win­ning combination.

Our hosts organ­ised ver­tigo-indu­cing events for the speak­ers on the top of mile-high cliffs, as well as a sur­pris­ingly fun vis­it to a tra­di­tion­al Brit­ish bowl­ing green. Plus I had the excite­ment of exper­i­en­cing my very first earth­quake — 5.9 on the Richter scale appar­ently. I shall make no cheap jokes about the earth mov­ing, espe­cially in light of the latest quakes to hit NZ this week, but the hotel did indeed sway around me and it was­n’t the loc­al wine, excel­lent as it is.

I men­tioned eclecticism — the qual­ity of the speak­ers was fero­ciously high, and I would like to give a shout out to Debbie Mill­man and her “joy of fail­ure” talk, Harry Roberts, a ser­i­ous geek who crowd-sourced his talk and ended up talk­ing ser­i­ously about cock­tails, moths, Chum­bawamba and more, advert­ising guru Cindy Gal­lop who is inspir­ing women around the world and pro­mot­ing Make Love Not Porn, and Casey Ger­ald, with his evan­gel­ic­ally-inspired but won­der­fully human­ist­ic talk to end the event.

All the talks can be found here.

It was a fab­ulous week.  All I can say is thank you to Tash, Mike, and the oth­er organisers.

If you ever have the chance to attend or speak at the event in the future, I ser­i­ously recom­mend it.

And here’s the video of my talk: