A recent debate about “Russiagate” on RT’s Crosstalk show, with CIA whistleblower, John Kiriakou, and former US diplomat, James Jatras, along with host Peter Lavelle.
Debunking some of the wilder intelligence claims…..
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:
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.
They 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:
Interestingly, he gave this interview to The Guardian, the paper that has won awards for publishing a number of the Edward Snowden disclosures about endemic illegal spying and, for its pains, had its computers ritually smashed up by the powers that be.
The timing was also interesting – only two weeks ago the Investigatory Powers Tribunal (the only legal body that can actually investigate allegations of spy crime in the UK and which has so far been an unexceptional champion of their probity) broke ranks to assert that the UK spies have been illegally conducting mass surveillance for 17 years – from 1998 to 2015.
This we could all deduce from the disclosures of a certain Edward Snowden in 2013, but it’s good to have it officially confirmed.
Yet at the same time the much-derided Investigatory Powers Bill has been oiling its way through the Parliamentary system, with the culmination this week.
This “Snoopers’ Charter“, as it is known, has been repeatedly and fervently rejected for years.
It has been questioned in Parliament, challenged in courts, and soundly condemned by former intelligence insiders, technical experts, and civil liberties groups, yet it is the walking dead of UK legislation – nothing will kill it. The Zombie keeps walking.
It will kill all notion of privacy – and without privacy we cannot freely write, speak, watch, read, activate, or resist anything future governments choose to throw at us. Only recently I read an article about the possibility of Facebook assessing someone’s physical or mental health – potentially leading to all sorts of outcomes including getting a job or renting a flat.
And this dovetails into the early Snowden disclosure of the programme PRISM – the complicity of the internet megacorps – as well as the secret back doors what were built into them.
It will be the end of democracy as we (sort of ) know it today. And, as we know from the Snowden disclosures, what happens in the UK will impact not just Europe but the rest of the world.
So how does this all link into the MI5 head honcho’s first live interview? Well, the timing was interesting – ahead of the Investigatory Powers Bill passing oleaginously into law and with the ongoing demonisation of Russia.
Here is an interview I gave to RT about some of these issues:
I have for a number of years now been involved with a global group of whistleblowers from the intelligence, diplomatic and military world, who gather together every year as the Sam Adams Associates to give an award to an individual displaying integrity in intelligence.
This year’s award goes to former CIA officer, John Kiriakou, who exposed the CIA’s illegal torture programme, but was the only officer to go to prison – for exposing CIA crimes.
Last year’s laureate, former Technical Director of the NSA Bill Binney, is currently on tour across Europe to promote an excellent film about both his and the other stories of the earlier NSA whistleblowers before Edward Snowden – “A Good American“.
The film is simply excellent, very human and very humane, and screenings will happen across Europe over the next few months. Do watch if you can!
This is a film of the panel discussion after a screening in London on 18th September:
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?
I just want to say a huge thank you to the organisers of the 10th Webstock Festival in New Zealand earlier this month – definitely worth the interminable flights.
This is a tech-focused conference that very much looks at the bigger picture and joins a whole number of different societal dots.
Plus they look after their “inspirational speakers” exceedingly well, with scary coach trips out of Wellington and up the cliffs, a chance to appreciate the finer aspects of bowling at a NZ working men’s club, and a rip-roaring party at the end of the festival. It was great to have the time to chat with so many amazing people.
Oh, and I experienced my first earthquake – 5.7 on the Richter Scale. Slightly distant, but still impressive when you’re in a swaying 5th floor hotel room. I initially thought a bomb might have gone off in the basement…. Thankfully, NZ hotels are made of pliable, if stern, stuff.
I was also shunted on to Radio New Zealand for a half hour interview, discussing whistleblowers, spies, drugs and surveillance. Here it is – it was fun to do – so thank you NZ.
Well, this story is interesting me extremely, and for the obvious as well as the perhaps more arcanely legal reasons.
Apparently a former senior MI5 officer is asking permission to give evidence to the Intelligence and Security Committee in Parliament about the Security Service’s collusion in the US torture programme that was the pyroclastic flow from the 9/11 attacks in 2001.
I have long speculated about how people with whom I used to work, socialise with, have dinner with in the 1990s might have evolved from idealistic young officers into people who could condone or even participate in the torture of other human beings once the war on terror was unleashed in the last decade.
During the 1990s MI5 absolutely did not condone the use of torture – not only for ethical reasons, but also because an older generation was still knocking around and they had seen in the civil war in Northern Ireland quite how counter-productive such practices were. Internment, secret courts, stress positions, sleep deprivation – all these policies acted as a recruiting sergeant for the Provisional IRA.
My generation – the first tasked with investigating the IRA in the UK and Al Qaeda globally – understood this. We were there to run intelligence operations, help gather evidence, and if possible put suspected malefactors on trial. Even then, when ethical boundaries were breached, many raised concerns and many resigned. A few of us even went public about our concerns.
But that is so much history. As I said above, I have always wondered how those I knew could have stayed silent once the intelligence gloves came off after 9/11 and MI5 was effectively shanghaied into following the brutish American over-reaction.
Now it appears that there were indeed doubters within, there was indeed a divided opinion. And now it appears that someone with seniority is trying to use what few channels exist for whistleblowers in the UK to rectify this.
In fact, my contemporaries who stayed on the inside would now be the senior officers, so I really wonder who this is – I hope an old friend!
No doubt they will have voiced their concerns over the years and no doubt they will have been told just to follow orders.
I have said publicly over many years that there should be a meaningful channel for those with ethical concerns to present evidence and have them properly investigated. In fact, I have even said that the Intelligence and Security Committee in Parliament should be that channel if – and it’s a big if – they can have real investigatory powers and can be trusted not just to brush evidence under the carpet and protect the spies’ reputation.
So this takes me to the arcane legalities I alluded to at the start. During the David Shayler whistleblowing trials (1997-2003) all the legal argument was around the fact that he could have taken his concerns to any crown servant – up to the ISC or his MP and down to and including the bobby on the beat – and he would not have breached the Official Secrets Act. That was the argument upon which he was convicted.
Yet at the same time the prosecution also successfully argued during his trial in 2002 in the Old Bailey that there was a “clear bright line” against disclosure to anyone outside MI5 – (Section 1(1) OSA (1989) – without that organisation’s prior written consent.
The new case rather proves the latter position – that someone with ethical concerns has to “ask permission” to give evidence to the “oversight body”.
Only in the UK.
Now, surely in this uncertain and allegedly terrorist-stricken world, we have never had greater need for a meaningful oversight body and meaningful reform to our intelligence agencies if they go off-beam. Only by learning via safe external ventilation, learning from mistakes, reforming and avoiding group-think, can they operate in a way that is proportionate in a democracy and best protects us all.
As I type this I am listening to one of my all-time favourite albums, Radiohead’s seminal “OK, Computer”, that was released in spring 1997. The first time I heard it I was spellbound by its edginess, complexity, experimentalism and political overtones. My partner at the time, David Shayler, took longer to get it. Self-admittedly tone deaf, he never understood what he laughingly called the “music conspiracy” where people just “got” a new album and played it to death.
His opinion changed drastically over the summer of ’97 after we had blown the whistle on a series of crimes committed by the UK’s spy agencies. As a result of our actions – the first reports appeared in the British media on 24 July 1997 – we had fled the country and gone on the run around Europe for a month. At the end of this surreal backpacking holiday I returned to the UK to face arrest, pack up our ransacked home, and try to comfort our traumatised families who had known nothing of our whistleblowing plans.
“OK, Computer” was the soundtrack to that month spent on the run across the Netherlands, Belgium, France and Spain. Taking random trains, moving from hotel to hotel, and using false names, our lives were dislocated and unreal. So in each hotel room we tried to recreate a sense of homeliness – some candles, a bottle of wine, natch, and some music. In the two small bags, into which I had packed the essentials for our unknown future life, I had managed to squeeze in my portable CD player (remember those?), tiny speakers and a few cherished CDs. Such are the priorities of youth.
The joy of Radiohead broke upon David during that month – particularly the track “Exit Music (for a Film)”, which encapsulated our feelings as we fled the UK together. Once we were holed up in a primitive French farmhouse for the year after our month on the run, this was the album that we listened to last thing at night, holding onto each other tightly to ward off the cold and fear. Revelling in the music, we also drew strength from the dissident tone of the lyrics.
So it was with some mirthful incredulity that I yesterday read on The Intercept that GCHQ named one of its most iniquitous programmes after one of the classic songs from the album – “Karma Police”.
In case you missed this, the basic premise of GCHQ was to develop a system that could snoop on all our web searches and thereby build up a profile of each of our lives online – our interests, our peccadilloes, our politics, our beliefs. The programme was developed between 2007 and 2008 and was deemed functional in 2009. Who knows what information GCHQ has sucked up about you, me, everyone, since then?
As I have said many times over the years since Snowden and who knows how many others began to expose the out-of-control spy agencies, this is disproportionate in soi-dissent democracies. It is certainly not lawful by any stretch of the imagination. UK governmental warrants – which are supposed to regulate and if necessary circumscribe the activities of the spy snoopers – have repeatedly been egregiously abused.
They are supposed to make a case for targeted surveillance of people suspected of being a threat to the UK’s national security or economic well-being. The warrants, blindly signed by the Home or Foreign Secretary, are not designed to authorise the industrial interception of everyone’s communications. This is a crime, plain and simple, and someone should be held to account.
Talking of crimes, after a month on the run with David, I returned (as I had always planned to do) to the UK. I knew that I would be arrested, purely on the grounds that I had been an MI5 officer and was David Shayler’s girlfriend and had supported his whistleblowing activities. In fact my lawyer, John Wadham who was the head of the UK’s civil liberties union, Liberty, had negotiated with the police for my return to the UK and hand myself into the police for questioning. He flew out to Barcelona to accompany me back to the UK almost exactly eighteen years ago today.
Despite the pre-agreements, I was arrested at the immigration desk at Gatwick airport by six burly Special Branch police officers and then driven by them up to the counter-terrorism interview room in Charing Cross police station in central London, where I was interrogated for the maximum six hours before being released with no charge.
The music playing on the radio during this drive from the airport to my cell? Radiohead’s “Karma Police”.
One can but hope that karma will come into play. But perhaps the ending of “Exit Music…” is currently more pertinent – we hope that you choke, that you choke…..
After all, the spies do seem to be choking on an overload of hoovered-up intelligence – pretty much every “ISIS-inspired” attack in the west over the last couple of years has reportedly been carried out by people who have long been on the radar of the spies. Too much information can indeed be bad for our security, our privacy and our safety.
My most recent article for the ExBerliner magazine:
What is exile? Other than a term much used and abused by many new expats arriving in Berlin, dictionary definitions point towards someone who is kept away from their home country for political reasons, either by regal decree in the past or now more probably self-imposed. But there are many other ways to feel exiled – from mainstream society, from your family, faith, profession, politics, and Berlin is now regarded as a haven.
However, let’s focus on the classic definition and a noble tradition. Every country, no matter how apparently enlightened, can become a tyrant to its own citizens if they challenge abuses of power. Voltaire was exiled in England for three years and soon after Tom Paine, a former excise man facing charges for seditious libel, sought refuge in France. More recent famous exiles include David Shayler, the MI5 whistleblower of the 1990s who followed in Paine’s footsteps pretty much for the same fundamental reasons, yet Alexander Litvinenko, the KBG whistleblower of the same era, ironically found safe haven in exile in the UK.
So, being an exile effectively means that you have angered the power structures of your home country to such an extent that other countries feel compelled to give you refuge, partly for legal or principled reasons, but also for political expediency. The current most famous exile in the world is, of course, Edward Snowden, stranded by chance in Russia en route to political asylum in Ecuador.
What does the act of fleeing into exile actually feel like? It is a wild leap into an unknown and precarious future, with great risk and few foreseeable rewards. At the same time, as you leave the shores of the persecuting country, evading the authorities, avoiding arrest and going on the run, there is an exhilarating, intense feeling of freedom – a sense that the die has very much been cast. Your old way of life is irrevocably at an end and the future is a blank slate on which you can write anything.
After Shayler and I fled to France in 1997, for the first year of the three we lived in exile we hid in a remote French farmhouse just north of Limoges – the nearest village was 2 kilometres away, and the nearest town a distant thirty. We lived in constant dread of that knock on the door and the ensuing arrest. And that, indeed, eventually did catch up with him.
As a result, for Shayler it meant the world grew increasingly small, increasingly confined. Initially, when we went on the run, we were free to roam across Europe – anywhere but the UK. Then, after the French courts refused to extradite him to Britain in 1998 to face trial for a breach of the draconian UK Official Secrets Act, France became the only place he could live freely. If he had then traveled to any other European country, the British would have again attempted to extradite him, probably successfully, so he was trapped.
However, there are worse places than France in which to find yourself stranded. As well as being one of the most beautiful and varied countries in the world it felt particularly poignant to end up exiled in Paris for a further two years.
It was also conveniently close to the UK, so friends, family, supporters and journalists could visit us regularly and bring Shayler supplies of such vital British staples as bacon and HP source. But he still missed the simple pleasures in life, such as being free to watch his beloved football team, or being able to watch the crappy late night comedy shows that the British endlessly churn out. Despite these small lacks, I shall always remember those years in France fondly, as a place of greater safety, a literal haven from persecution.
Of course, all this was in the era before the standardised European Arrest warrant, when national sovereignty and national laws actually counted for something. Finding a secure place of exile now would be almost an impossibility in Europe if you home country really wanted to prosecute you.
Many Western expats now talk of being “exiled in Berlin”, and they may indeed be self-exiled in search of a more sympatico life style, a buzzy group of like-minded peers, work opportunities or whatever. But until they have felt the full force of an extradition warrant, before the fuzz has actually felt their collars, this is realistically exile as a lifestyle choice, rather than exile as a desperate political necessity or, in Edward Snowden’s case, a potentially existential requirement.
First published on RT Op-Edge.
It struck me today that when I email a new contact I now reflexively check to see if they are using PGP encryption. A happily surprising number are doing so these days, but most people would probably consider my circle of friends and acquaintance to be eclectic at the very least, if not downright eccentric, but then that’s probably why I like them.
There are still alarming numbers who are not using PGP though, particularly in journalist circles, and I have to admit that when this happens I do feel a tad miffed, as if some basic modern courtesy is being breached.
It’s not that I even expect everybody to use encryption – yet – it’s just that I prefer to have the option to use it and be able to have the privacy of my own communications at least considered. After all I am old enough to remember the era of letter writing, and I always favoured a sealed envelope to a postcard.
And before you all leap on me with cries of “using only PGP is no guarantee of security….” I do know that you need a suite of tools to have a fighting chance of real privacy in this NSA-saturated age: open source software, PGP, TOR, Tails, OTR, old hardware, you name it. But I do think the wide-spread adoption of PGP sets a good example and gets more people thinking about these wider issues. Perhaps more of us should insist on it before communicating further.
Why is this in my mind at the moment? Well, I am currently working with an old friend, Simon Davies, the founder of Privacy International and the Big Brother Awards. He cut his first PGP key in 2000, but then left it to wither on the vine. As we are in the process of setting up a new privacy initiative called Code Red (more of which next week) it seemed imperative for him to set a good example and “start using” again.
Anyway, with the help of one of the godfathers of the Berlin cryptoparties, I am happy to report that the father of the privacy movement can now ensure your privacy if you wish to communicate with him.
I am proud to say that my awareness of PGP goes back even further. The first time I heard of the concept was in 1998 while I was living in hiding in a remote farmhouse in central France, on the run from MI5, with my then partner, David Shayler.
Our only means of communication with the outside world was a computer and a dial-up connection and David went on a steep learning curve in all things geek to ensure a degree of privacy. He helped build his own website (subsequently hacked, presumably by GCHQ or the NSA as it was a sophisticated attack by the standards of the day) and also installed the newly-available PGP. People complain now of the difficulties of installing encryption, but way back then it was the equivalent of scaling Mount Everest after a few light strolls in the park to limber up. But he managed it.
Now, of course, it is relatively easy, especially if you take the time to attend a Cryptoparty – and there will be inevitably be one happening near you some place soon.
Cryptoparties began in late 2012 on the initiative of Asher Wolf in Australia. The concept spread rapidly, and after Snowden went public in May 2013, accelerated globally. Indeed, there have been various reports about the “Snowden Effect“. Only last week there was an article in the Guardian newspaper saying that 72% of British adults are now concerned about online privacy. I hope the 72% are taking advantage of these geek gatherings.
The US-based comedian, John Oliver, also recently aired an interview with Edward Snowden. While this was slightly painful viewing for any whistleblower – Oliver had done a vox pop in New York that he showed to Snowden, where most interviewees seemed unaware of him and uncaring about privacy – there was a perceptible shift of opinion when the issue of, shall we say, pictures of a sensitive nature were being intercepted.
Officially this spy programme is called Optic Nerve, an issue that many of us have been discussing to some effect over the last year. In the Oliver interview this transmogrified into “the dick pic programme”. Well, whatever gets the message out there effectively…. and it did.
We all have things we prefer to keep private – be it dick pics, bank accounts, going to the loo, talking to our doctor, our sex lives, or even just talking about family gossip over the phone. This is not about having anything to hide, but most of us do have an innate sense of privacy around our personal issues and dealings and this is all now lost to us, as Edward Snowden has laid bare.
As I have also said before, there are wider societal implications too – if we feel we are being watched in what we watch, read, say, write, organise, and conduct our relationships, then we start to self-censor. And this is indeed already another of the quantified Snowden effects. This is deleterious to the free flow of information and the correct functioning of democratic societies. This is precisely why the right to privacy is one of the core principles in the 1948 Universal Declaration of Human Rights.
Lessons had then been learned from the Nazi book burnings and the Gestapo spy state, and privacy was recognised as a pre-requisite of open democracy. Yet now we see senior and supposedly well-informed US politicians calling for the modern equivalent of book burnings and failing to rein in the global abuses of the NSA.
How quickly the lessons of history can be forgotten and how carelessly we can cast aside the hard-won rights of our ancestors.
Edward Snowden, at great personal risk, gave us the necessary information to formulate a push back. At the very least we can have enough respect for the sacrifices he made and for the rights of our fellow human beings to take basic steps to protect both our own and their privacy.
So please start using open source encryption at the very least. It would be rude not to.
Here is a panel discussion I did about whistleblowing at the Logan Symposium in London last November. With me on the panel are Eileen Chubb, a UK health care whistleblower who runs Compassion in Care and is campaigning for Edna’s Law, and Bea Edwards of the US Government Accountability Project. With thanks to @newsPeekers for filming this.