Here’s my recent interview on RT’s excellent and incisive new UK politics programme, “Going Underground”. In it I discuss rendition, torture, spy oversight and much more:
Going Underground Ep 22 1 from Annie Machon on Vimeo.
Category Archives: Privacy
TPP — copyright versus free speech
First published by RT Op-Edge.
We, the citizens of the world, already owe NSA whistleblower Edward Snowden a huge debt of gratitude. Even the limited publication of a few of the documents he disclosed to journalists has to date provoked a political and public debate in countries across the planet — and who knows what other nasties lurk in the cache of documents, yet to be exposed?
Thanks to Snowden, millions of people as well as many governments have woken up to the fact that privacy is the vital component of free societies. Without that basic right we are unable to freely read, write, speak, plan and associate without fear of being watched, our every thought and utterance stored up to be potentially used against us at some nebulous future date. Such panoptic global surveillance leads inevitably to self-censorship and is corrosive to our basic freedoms, and individual citizens as well as countries are exploring ways to protect themselves and their privacy.
As I and others more eminent have said before, we need free media to have a free society.
But even if we can defend these free channels of communication, what if the very information we wish to ingest and communicate is no longer deemed to be free? What if we become criminalised purely for sharing such un-free information?
The global military security complex may be brutal, but it is not stupid. These corporatist elites, as I prefer to think of them, have seen the new medium of the internet as a threat to their profits and power since its inception. Which is why they have been fighting a desperate rearguard action to apply US patent and copyright laws globally.
They began by going after music sharing sites such as Napster and imposing grotesque legal penalties on those trying to download a few songs they liked for free, then trying to build national firewalls to deny whole countries access to file sharing sites such as The Pirate Bay and persecuting its co-founder Anakata, mercifully failing to extradite Richard O’Dwyer from the UK to the US on trumped up charges for his signposting site to free media, and culminating in the take down of Megaupload and the illegal FBI attack against Kim Dotcom’s home in New Zealand last year.
But for all these high-profile cases of attempted deterrence, more and more people are sharing information, culture, and research for free on the internet. Using peer to peer technologies like Bittorrent and anonymising tools like Tor they are hard to detect, which is why the corporatist lobbyists demand the surveillance state develop ever more intrusive ways of detecting them, including the possibility of deep packet inspection. And of course once such invasive technologies are available, we all know that they will not only be used to stop “piracy” but will also be used against the people of the world by the military surveillance complex too.
But that is still not enough for the corporatists. Largely US-based, they are now trying to flex their political muscle globally. First the US claims that any site ending with a tier one US domain name (.com, .org, .net and .info) comes under US law — anywhere in the world — and can be taken down without warning or redress by a diktat from the US government.
More egregiously still, the US corporatists have been trying to impose their legal dominion globally via a series of secret regional trade agreements: ACTA, TTIP/TAFTA, SOPA, and now in the recently Wikileaked details of the Trans-Pacific Partnership (TPP) targeting the countries around the Pacific rim.
These agreements, written by corporate lobbyists, are so secret that the democratic representatives of sovereign countries are not even allowed to read the contents or debate the terms — they are just told to sign on the dotted line, effectively rubber-stamping legislation that is antithetical to the vast majority their citizens’ interests, which gives greater sovereign powers to the interests of the corporations than it does to nation states, and which will criminalise and directly harm the people of the world in the interests of the few.
One of the proposals is that multinational corporations can sue national governments for future lost profits based on patents not granted or environmental restrictions. This is nothing short of full-on corporatism where international law and global treaties serve a handful of large corporations to the detriment of national sovereignty, environmental health and even human life.
For by protecting “intellectual property” (IP), we are not just talking about the creative endeavours of artists. One does not need to be a lawyer to see the fundamental problematic assumptions in the goals as defined in the leaked document:
Enhance the role of intellectual property in promoting economic and social development, particularly in relation to the new digital economy, technological innovation, the transfer and dissemination of technology and trade;
This statement assumes that IP, a made-up term that confuses three very different areas of law, is by definition beneficial to society as a whole. No evidence for these claimed benefits is provided anywhere. As with “what-is-good-for-General-Motors-is-good-for-America” and the theory of ”trickle down” economics, the benefits are simply assumed and alternative models actively and wilfully ignored. The idea that most societies on the planet might vastly benefit from a relaxation of patent laws or the length of copyright is not even up for debate. This despite the fact that there is plenty of research pointing in that direction.
These secret proposed treaties will enforce patents that put the cost of basic pharmaceuticals beyond the reach of billions; that privatise and patent basic plants and food; and that prevent the sharing of cutting edge academic research, despite the fact that this is usually produced by publicly funded academics at our publicly funded universities.
The price, even today, of trying to liberate research for the public good can be high, as Aaron Swartz found out earlier this year. After trying to share research information from MIT, he faced a witch hunt and decades in prison. Instead he chose to take his own life at the age of 26. How much worse will it be if TPP et al are ratified?
It is thanks to the high-tech publisher, Wikileaks, that we know the sheer scale of the recent TPP débacle. It is also heartening to see so many Pacific rim countries opposing the overweening demands of the USA. Australia alone seems supportive — but then regionally it benefits most from its membership of the “Five Eyes” spy programme with America.
The intellectual property wars are the flip side of the global surveillance network that Snowden disclosed — it is a classic pincer movement.
As well as watching everything we communicate, the corporatists are also trying to control exactly what information we are legally able to communicate, and using this control as justification for yet more intrusive spying. It’s the perfect self-perpetuating cycle.
By curtailing the powers of the spy agencies, we could restore the internet to its original functionality and openness while maintaining the right to privacy and free speech — but maintaining a 20th century copyright/IP model at the same time is impossible. Or we could give up our privacy and other civil rights to allow specific protected industries to carry on coining it in. A last option would be to switch off the internet. But that is not realistic: modern countries could not survive a day without the internet, any more than they could function without electricity.
As a society we’re going through the painful realisation that we can only have two out of the three options. Different corporatist interest groups would no doubt make different choices but, along with the vast majority of the people, I opt for the internet and privacy as both a free channel for communication and the free transfer of useful information.
Like any social change (the abolition of slavery, universal suffrage), this is also accompanied by heated arguments, legal threats and repression, and lobbyist propaganda. But historically all this sound and fury will signify.… precisely nothing. Surely at some point basic civil rights will make a comeback, upheld by the legislature and protected by law enforcement.
The choice is simple: internet, privacy, copyright. We can only choose two, and I know which I choose.
Voice of Russia radio interview about spies, oversight, whistleblowers, and Snowden.
Here is an interview I did for Voice of Russia radio in London last week about spies and their relationship with our democratic processes, oversight, Edward Snowden and much more:
Voice of Russia radio interview from Annie Machon on Vimeo.
BBC World interview re UK spy accountability
Here’s a recent interview I did for BBC World about the three top British spies deigning, for the first time ever, to be publicly questioned by the Intelligence and Security Committee in parliament, which has a notional oversight role:
BBC World interview on UK Parlaimentary hearings on NSA/Snowden affair from Annie Machon on Vimeo.
It subsequently emerged that they only agreed to appear if they were told the questions in advance. So much for this already incredibly limited oversight capability in a notional Western democracy.….
Cryptofestival, London, 30th November
Here’s one for the diary, if you’re in the UK and value your basic, enshrined right to privacy (UDHR Article 12) in this NSA/GCHQ etc dystopic, panoptican world.
Come along to the Cryptofestival at Goldsmiths, London on 30th November, where concerned hacktivists can help concerned citizens learn how to protect their online privacy.
And if you believe the “done nothing wrong, nothing to hide” garbage, have a look at this.
Cryptoparties, where geeks offer their help for free to their communities, were started by privacy advocate Asher Wolf in Australia just over a year ago. The phenomenon has swept across the world since then, helped along by the disclosures of the heroic Edward Snowden.
I hope to see you there. You have to fight for your right (crypto)party — and for your right to privacy! Use it or lose it — and bring your laptop.
The German BND does the bidding of USA spies
An interview on the German mainstream TV channel ARD. The programme is called FAKT Magazin:
BND will bei Spionage mitmischen from Annie Machon on Vimeo.
Channel 4 interview re UK spy accountability
On the day the UK spy chiefs were called to account for the first time by the Intelligence and Security Committee in the British parliament:
Spy accountability and the ISC — Channel 4 News from Annie Machon on Vimeo.
BBC World Service interview about NSA and spy oversight
Here’s an interview I did for BBC World Service radio about the NSA’a global electronic surveillance and spy oversight:
BBC “World Have Your Say” debate
A recent interview on BBC World Service radio, on “World Have Your Say”. An interesting debate with some other former intelligence types:
BBC World Service “World Have Your Say” interview from Annie Machon on Vimeo.
Edward Snowden Website
Just a short post to announce the new Edward Snowden website. Away from all the spin and media hysteria, here are the basic facts about the information disclosed and the issues at stake.
And here’s another aide memoire of the disclosures so far. The impact of these disclosures is global. Edward Snowden is simply the most significant whistleblower in modern history.
RT interview about new EU data protection measures
Here is a quick interview I did about the EU’s new data protection measures, laws that will have to be implemented in the wake of Edward Snowden’s disclosures about endemic NSA surveillance:
This is an excellent example of how whistleblowers continue to make a positive contribution to society.
Interview on London Real TV
Here’s my recent interview on London Real TV, discussing all things whistleblowing, tech, intelligence, and the war on drugs. Thanks Brian and Colin for a fun hour!
London Real TV Interview — coming soon
Here is a taster of my recent interview on London Real TV. It was diverse, lively and fun, and should be broadcast in full tomorrow:
Annie Machon — Whistleblower — London Real TV from Annie Machon on Vimeo.
The Empire Strikes Back
First published by RT Op-Edge.
Andrew Parker, the Director General of the UK’s domestic security Service (MI5) yesterday made both his first public speech and a superficially robust defence of the work of the intelligence agencies. Reading from the outside, it sounds all patriotic and noble.
And who is to say that Parker does not believe this after 30 years on the inside and the MI5 groupthink mentality being what it is? Let’s give him the benefit of the doubt. However, I have two problems with his speech, on both a micro and a macro scale.
Let’s start with the micro — ie the devil in the detail — what is said and, crucially, what is left unsaid. First up: oversight, which the spook apologists have dwelt on at great length over the last few months.
I wrote about this last week, but here’s some of that devilish detail. Parker correctly explains what the mechanisms are for oversight within MI5: the Home Office warrants for otherwise illegal activities such as bugging; the oversight commissioners; the Complaints Tribunal; the Intelligence and Security Committee in Parliament. This all sounds pretty reasonable for a democracy, right?
Of course, what he neglects to mention is how these systems can be gamed by the spies.
The application for warrants is a tick-box exercise where basic legal requirements can be by-passed, the authorising minister only ever sees a summary of a summary.… ad infinitum.… for signature, and never declines a request in case something literally blows up further down the line.
Sure, there are independent commissioners who oversee MI5 and its surveillance work every year and write a report. But as I have written before, they are given the royal treatment during their annual visit to Thames House, and officers with concerns about the abuse of the warrantry system are barred from meeting them. Plus, even these anodyne reports can highlight an alarming number of “administrative errors” made by the spies, no doubt entirely without malice.
The complaints tribunal — the body to which we can make a complaint if we feel we have been unnecessarily spied on, has always found in favour of the spies.
And finally, the pièce de résistance, so to speak: the Intelligence and Security Committee in parliament. How many times do I have to write this? Top cops and Parker’s spy predecessors have admitted to lying successfully to the ISC for many years. This is not meaningful oversight, nor is the fact that the evidence of earlier major intelligence whistleblowers was ignored by the ISC, except for the part where they might be under investigation by MI5 themselves.…
Of course, the current Chair of the ISC, Sir Malcom Rifkind, has entered the lists this summer to say that the ISC has just acquired new powers and can now go into the spies’ lairs, demand to see papers, and oversee operational activities. This is indeed good, if belated, news, but from a man who has already cleared GCHQ’s endemic data-mining as lawful, one has to wonder how thorough he will be.
While the committee remains chosen by the PM, answerable only to the PM, who can also vet the findings, this committee is irredeemably undemocratic. It will remain full of credulous yes-men only too happy to support the status quo.
Secondly, what are the threats that Parker talks about? He has worked for MI5 for 30 years and will therefore remember not only the Cold War era, where Soviet spies were hunted down, but also the very real and pervasive threat of IRA bombs regularly exploding on UK streets. At the same time hundreds of thousands of politically active UK citizens were aggressively investigated. A (cold) war and the threat of terrorism allowed the spies a drag-net of surveillance even then.
How much worse now, in this hyper-connected, data-mining era? One chilling phrase that leapt out at me from Parker’s speech was the need to investigate “terrorists and others threatening national security”. National security has never been legally defined for the purposes of UK law, and we see the goal posts move again and again. In the 1980s, when Parker joined MI5, it was the “reds under the bed”, the so-called subversives. Now it can be the Occupy group encamped in the City of London or environmental activists waving placards.
So now for my macro concerns, which are about wider concepts. Parker used his first public speech to defend not only the work of his own organisation, but also to attack the whistleblowing efforts of Edward Snowden and the coverage in The Guardian newspaper. He attempts to seamlessly elide the work and the oversight models of MI5 and GCHQ. And who is falling for this? Well, much of the UK media apparently.
This muddies the waters. The concerns about Snowden’s disclosures are global — the TEMPORA project affects not only the citizens of the UK but people across Europe and beyond. For Rifkind or the Foreign Secretary to complacently say that GCHQ is overseen by them and everything is hunkey-dorey is just not good enough, even for the hapless citizens of the UK. How much more so for those unrepresented people across the world?
The IOCA (1985) and later and much-abused RIPA (2000) laws were written before the UK government could have conceived of the sheer scale of the internet. They are way out of date — 20th century rolling omnibus warrants hoovering up every scrap of data and being stored for unknown times in case you might commit a (thought?) crime in the future. This is nothing like meaningful oversight.
Unlike the UK, even the USA is currently having congressional hearings and media debates about the limits of the electronic surveillance programme. Considering America’s muscular response after 9/11, with illegal invasions, drone strikes, CIA kill lists and extraordinary kidnappings (to this day), that casts the UK spy complacency in a particularly unflattering light.
Plus if 58,000 GCHQ documents have really been copied by a young NSA contractor, why are Parker and Rifkind not asking difficult questions of the American administration, rather than continuing to justify the antiquated British oversight system?
Finally, Parker is showing his age as well as his profession when he talks about the interwebs and all the implications. As I said during my statement to the LIBE committee in the European Parliament:
- Without free media, where we can all read, write, listen and discuss ideas freely and in privacy, we are all living in an Orwellian dystopia, and we are all potentially at risk. These media must be based on technologies that empower individual citizens, not corporations or foreign governments. The Free Software Foundation has been making these recommendations for over two decades.
- The central societal function of privacy is to create the space for citizens to resist the violation of their rights by governments and corporations. Privacy is the last line of defense historically against the most potentially dangerous organisation that exists: the nation state. Therefore there is no ‘balance between privacy and security’ and this false dichotomy should not be part of any policy debate.
