SAAII Award at the Oxford Union Society

On 23 Janu­ary the Oxford Uni­on Soci­ety will be host­ing the Sam Adams Award for Integ­rity in Intel­li­gence.

The SAAII is one of the few inter­na­tion­al recog­ni­tions for those with­in the intel­li­gence com­munity who fol­low their con­science, often at great pro­fes­sion­al and per­son­al cost.

Thomas_FingarThis year’s win­ner is Dr Tom Fin­gar, who headed up the 2007 US Nation­al Intel­li­gence Estim­ate on Iran. He col­lated the offi­cial assess­ments of all 16 of Amer­ica’s intel­li­gence agen­cies, which unan­im­ously assessed that Iran had ceased try­ing to build a nuc­le­ar weapon in 2003. This evid­ence-based ana­lys­is made it impossible for the Bush admin­is­tra­tion to push through its plans to launch a war against Iran in 2008. This excel­lent art­icle by ex-CIA ana­lyst Ray McGov­ern explains Dr Fin­gar’s achieve­ments far bet­ter than I could.

Former SAAII win­ners include FBI Coleen Row­ley, GCHQ Kath­er­ine Gun, NSA Thomas Drake, and Wikileaks supremo Juli­an Assange.

Over the last few weeks I have had the pleas­ure of work­ing with the Uni­on officers and fel­low SAAII­ers, espe­cially renowned peace act­iv­ists Ray McGov­ern and Eliza­beth Mur­ray (formerly of the US Nation­al Intel­li­gence Coun­cil), to organ­ise this event.  Many of us will be speak­ing that even­ing, and Juli­an Assange will be doing a live video link.

All this in recog­ni­tion of Dr Fin­gar’s con­tri­bu­tion to pro­fes­sion­al, eth­ic­al intel­li­gence work. Even in this “gloves-off”, post‑9/11 world, it is heart­en­ing to hear that is possible.

I hope that many people can sup­port and report on this event.

The Free Speech Debate

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

The Scorpion Stare

I have writ­ten over the years about the encroach­ing sur­veil­lance state, the spread of CCTV and the increas­ing use of drones in our skies.  When the North East of Eng­land intro­duced talk­ing CCTV cam­er­as that could bark orders at passing ped­es­tri­ans in 2008, I thought that we were fast approach­ing the reduc­tio ad absurdum point — and indeed this sub­ject has raised a wry laugh from audi­ences around the world ever since.

Recently I have been read­ing with dis­may a slew of art­icles about the increas­ing cor­por­at­isa­tion of the sur­veil­lance state.  First I stumbled across a piece describ­ing Face­book’s latest innov­a­tion, Facedeal: cam­er­as planted in shops and bars that will use the facial recog­ni­tion and tag­ging abil­it­ies of FB to recog­nise you as a val­ued cus­tom­er and offer you a dis­count, simply because you have signed up to this Big Broth­er app on Facebook.

Add this to the fact that Face­book is prob­ably, well, an open book for to the entire US secur­ity appar­at­us, and you can see the poten­tial abuse of this sys­tem.  We shall effect­ively be bribed to allow ourselves to be spied on.

Facedeal is being trialed in the US.  Some European coun­tries, most not­ably Ger­many, have already stated that data recog­ni­tion tech­no­logy used even just for photo “tag­ging” is or could be deemed illeg­al. Ger­many spe­cific­ally has reg­u­la­tions that allow Inter­net users con­trol over their data. They are not going to like Facedeal.

Secondly, it was repor­ted today that Google had pat­en­ted intel­li­gent image recog­ni­tion tech­no­logy.  Com­bine this cap­ab­il­ity with Googles Earth and Street, and we are poten­tially look­ing at a truly pan­op­ticon soci­ety.  The Ger­mans are really not going to like that. (Nor indeed will cer­tain of the French, includ­ing the man who earli­er this year tried to sue Google after being pho­to­graphed hav­ing a pee in his own front garden).

Thirdly, Boe­ing has tri­umphantly launched the concept of the drone swarm, oper­at­ing with a hive men­tal­ity and upping the cap­ab­il­it­ies of mil­it­ary sur­veil­lance expo­nen­tially, while tak­ing much of the risk out of any operation.

And finally, the Wikileaks story about Trap­Wire. This first emerged as yet anoth­er bonkers Amer­ic­an scheme, where the foot­age from CCTV street cam­er­as was being main­lined into the secur­ity appar­at­us. Sub­sequently, it has emerged via Wikileaks that Trap­wire is also being used in oth­er west­ern coun­tries, includ­ing the UK.

Not only can the securo­crats watch you, they too are installing face recog­ni­tion soft­ware that can identi­fy you. While this may not yet be as accur­ate as the spies might wish, Trap­Wire has also installed pre­dict­ive soft­ware that appar­ently can assess wheth­er you are act­ing, loiter­ing or walk­ing in a sus­pi­cious man­ner.  So you could pre-empt­ively be assessed to be about to com­mit a crime or an act of ter­ror­ism and, no doubt, appro­pri­ately and pre-empt­ively “dealt with”.

All of which must be so reas­sur­ing to protest groups such as Occupy, which have been sub­ject to massive CCTV sur­veil­lance in NYC and which have been labelled a “terrorist/extremist threat” in the City of London.

At the risk of sound­ing alarm­ist, we now all know what “being dealt with” in this era of anti-act­iv­ist SWAT teams, drone strikes and kill lists can poten­tially entail.

So where does this leave us as con­cerned cit­izens?  It strikes me that we are being cata­pul­ted into some sci-fi dysto­pia bey­ond even Orwell’s wild­est ima­gin­ings.  Any fan of mod­ern thrillers and sci-fi will be famil­i­ar with the concept of integ­rated super-com­puters that can watch our every move via CCTV.

The lat­ter is what Trap­Wire et al are work­ing towards.  These new tech­no­lo­gies remind me of a story line from a won­der­ful series of books called the The Laun­dry Files by Charles Stross.  These nov­els are a per­fect of mer­ging of Len Deighton’s lac­on­ic spy fic­tion, à la Harry Palmer, with the geek uni­verse and bey­ond. And, at the risk of a spoil­er, one of the story lines envis­ages a cent­ral­ised and weapon­ised CCTV sys­tem, main­lin­ing into the secret ser­vices, that can be turned on UK cit­izens if the bal­loon goes up. This sys­tem is code­named the “Scor­pi­on Stare”.

Sounds far-fetched? Well The Laun­dry Files are a rol­lick­ing good read, but do bear in mind not only that our CCTV sys­tems may be cent­ral­ised cour­tesy of Trap­Wire, but also that vari­ous law enforce­ment agen­cies in the UK are using micro-drones to spy on pro­test­ers, and that they have reportedly enquired if these drones could be weaponised.….

So it all depends on how you define the bal­loon, I suppose.

Pub­lished in The Huff­ing­ton Post UK, 3 Septem­ber 2012

The Assange Witch Hunt

Pub­lished in The Huff­ing­ton Post UK, 17 August 2012

A storm of dip­lo­mat­ic sound and fury has broken over Ecuador’s decision to grant polit­ic­al asylum to Wikileaks founder, Juli­an Assange. The UK gov­ern­ment has threatened to breach all dip­lo­mat­ic pro­tocol and inter­na­tion­al law and go into the embassy to arrest Assange.

The UK jus­ti­fies this by cit­ing the 1987 Dip­lo­mat­ic and Con­su­lar Premises Act, a law appar­ently put in place fol­low­ing the 1984 shoot­ing of WPC Yvonne Fletch­er from the Liby­an Embassy in Lon­don.  The murder res­ul­ted in an 11-day siege, and the embassy staff even­tu­ally being expelled from the coun­try.  Nobody has yet been brought to justice for this murder.

It is hard to equate the grav­ity of the crime that brought about the 1987 legis­la­tion — the murder of a police­wo­man — with Assange’s situ­ation.  Des­pite the scream­ing head­lines, let us not for­get that he is merely wanted for ques­tion­ing in Sweden. Nev­er­the­less, the UK is pre­pared to over­turn all dip­lo­mat­ic pro­tocol and cre­ate a dan­ger­ous inter­na­tion­al pre­ced­ent to “get their man”, des­pite there being a clear lack of jus­ti­fic­a­tion under the terms of the ’87 Act.

Many people in the west­ern media remain puzzled about Assange’s fear of being held cap­tive in the Swedish leg­al sys­tem. But can we really trust Swedish justice when it has been flag­rantly politi­cised and manip­u­lated in the Assange case, as has been repeatedly well doc­u­mented. Indeed, the Swedish justice sys­tem has the highest rate per cap­ita of cases taken to the ECtHR for flout­ing Art­icle 6 — the right to a fair trial.

If Assange were extra­dited merely for ques­tion­ing by police — he has yet to be even charged with any crime in Sweden — there is a strong risk that the Swedes will just shove him straight on the next plane to the US under the leg­al terms of a “tem­por­ary sur­render”. And in the US, a secret Grand Jury has been con­vened in Vir­ginia to find a law — any law — with which to pro­sec­ute Assange.  Hell, if the Yanks can’t find an exist­ing law, they will prob­ably write a new one just for him.

So why all the sound and fury? What is this really all about?

Wikileaks is a ground-break­ing new form of high-tech, award-win­ning journ­al­ism that has exposed cor­rupt prac­tices across the world over the years.  And cru­cially, in this war-torn, weary and fin­an­cially broken world, it offers a secure con­duit to whis­tleblowers who want to expose insti­tu­tion­al crime and cor­rup­tion for the pub­lic good.

Whis­tleblowers want to get their inform­a­tion out there, they want to make a dif­fer­ence, they want a fair hear­ing, and they don’t want to pay too high a per­sonal price for doing so. Is that too much to ask?

By going pub­lic about ser­i­ous con­cerns they have about their work­place, they are jeop­ard­ising their whole way of life: not just their pro­fes­sional repu­ta­tion and career, but all that goes with it, such as the abil­ity to pay the mort­gage, their social circle, their fam­ily life, their rela­tion­ship…  Plus, the whis­tleblower can poten­tially risk pris­on or worse.

So, with these risks in mind, they are cer­tainly look­ing for an aven­ue to blow the whistle that will offer a degree of pro­tec­tion and allow them to retain a degree of con­trol over their own lives.  In the old days, this meant try­ing to identi­fy an hon­our­able, cam­paign­ing journ­al­ist and a media organ­isa­tion that had the clout to pro­tect its source.  While not impossible, that could cer­tainly be dif­fi­cult, and becomes increas­ingly so in this era of endem­ic elec­tronic sur­veil­lance.

Today the oth­er option is a secure, high-tech pub­lish­ing con­duit such as Wikileaks. This provides anonym­ity and a cer­tain degree of con­trol to the mod­ern whis­tleblower, plus it allows their inform­a­tion to reach a wide audi­ence without either being filtered by the media or blocked by gov­ern­ment or cor­por­ate injunctions.

As someone who has a nod­ding acquaint­ance with the reper­cus­sions of blow­ing the whistle on a secret gov­ern­ment agency, I have long seen the value of the Wikileaks mod­el — and I also under­stand quite why gov­ern­ments feel so threatened by it. After all, no gov­ern­ment or mega-cor­por­a­tion wants free­dom of inform­a­tion and trans­par­ency forced upon it, nor an informed cit­izenry ques­tion­ing its actions.

Our gov­ern­ments like to spout the phrase “if you have done noth­ing wrong, you have noth­ing to hide” as they roll out yet anoth­er intrus­ive sur­veil­lance measure.

Wikileaks has turned that right back at them — hence this mod­ern-day witch-hunt.

What whistleblowers want

Whis­tleblowers want the sun and the moon — or at least they want to get their inform­a­tion out there, they want to make a dif­fer­ence, they want a fair hear­ing, and they don’t want to pay too high a per­son­al price for doing so.

Is that too much to ask? The decision to expose crimin­al­ity and bad prac­tice for the pub­lic good has ser­i­ous, life-chan­ging implications.

By going pub­lic about ser­i­ous con­cerns they have about their work­place, they are jeop­ard­ising their whole way of life: not just their pro­fes­sion­al repu­ta­tion and career, but all that goes with it, such as the abil­ity to pay the mort­gage, their social circle, their fam­ily life, their rela­tion­ship…  Plus, the whis­tleblower can poten­tially risk pris­on or worse.

So, with these risks in mind, they are cer­tainly look­ing for an aven­ue to blow the whistle that will offer a degree of pro­tec­tion and allow them to retain a degree of con­trol over their own lives.  In the old days, this meant try­ing to identi­fy an hon­our­able, cam­paign­ing journ­al­ist and a media organ­isa­tion that had the clout to pro­tect its source.  While not impossible, that could cer­tainly be dif­fi­cult, and becomes increas­ingly so in this era of endem­ic elec­tron­ic surveillance.

Today the oth­er option is the secure, high-tech pub­lish­ing con­duit, as trail-blazed by Wikileaks. While this does not provide the poten­tial bene­fits of work­ing with a cam­paign­ing journ­al­ist, it does provide anonym­ity and a cer­tain degree of con­trol to the mod­ern whis­tleblower, plus it allows their inform­a­tion to reach a wide audi­ence without either being filtered by the media or blocked by gov­ern­ment or cor­por­ate injunctions.

As someone who has a nod­ding acquaint­ance with the reper­cus­sions of blow­ing the whistle on a secret gov­ern­ment agency, I have liked the Wikileaks mod­el since I first stumbled across it in 2009.

As with most truly revolu­tion­ary ideas, once pos­ited it is blind­ingly obvious.

Nev­er before has this been tech­nic­ally pos­sible — the idea that a whis­tleblower­’s inform­a­tion could be made freely avail­able to the cit­izens of the world, in order to inform their demo­crat­ic choices, with no block­age, not cen­sor­ship, no fil­ter­ing or “inter­pret­a­tion” by the cor­por­ate media.

This is par­tic­u­larly rel­ev­ant in an age when the glob­al media has been con­sol­id­ated in the hands of a few mul­tina­tion­als, and when these mul­tina­tion­als have a cer­tain, shall we say “cosy”, rela­tion­ship with many of top our politi­cians and power elites.

The con­trol of the main­stream media by the spooks and gov­ern­ments has been the focus of many of my recent talks.  These cor­rupt inter-rela­tion­ships have also been recently laid bare with the News Inter­na­tion­al phone-hack­ing scandals.

The days of gar­ner­ing news from one favoured paper or TV bul­let­in are long gone. Few people now trust just one media out­let — they skip across a vari­ety of news sources, try­ing to eval­u­ate the truth for them­selves. But even that can be prob­lem­at­ic when some­thing big occurs, such as the “jus­ti­fic­a­tion” for the inva­sion of Iraq or Libya, and the cur­rent beat of war drums against Iran, when the cor­por­ate media mys­ter­i­ously achieves a consensus.

Hence the demo­crat­ic dis­con­nect, hence the dis­trust, and hence (in part) the plum­met­ing profits of the old media.

Wikileaks is based on a simple concept —  it allows the people to read the source mater­i­al for them­selves and make up their own minds based on real inform­a­tion.  This led to expos­ure of all kinds of glob­al nas­ties way before the massive 2010 US data-dump.

Des­pite this approach, the impact was ini­tially sub­dued until Wikileaks col­lab­or­ated with the old media.  This, as we all know, did indeed pro­duce the cov­er­age and aware­ness of those issues deemed import­ant as it was filtered through the MSM. This has also inev­it­ably lead to ten­sions between the new mod­el hackt­iv­ists and the old-school journalists.

No gov­ern­ment, least of all the USA, likes to have demands for justice and trans­par­ency forced upon it, and the push back since 2010 has been massive across the world in terms of an appar­ently illeg­al fin­an­cial block­ade, opaque leg­al cases and a media back­lash. Cer­tain of Wikileak­s’s erstwhile media part­ners have col­lab­or­ated in this, turn­ing on one of their richest sources of inform­a­tion in history.

How­ever, Wikileaks is more than a media source.  It is a whole new mod­el — a high-tech pub­lish­er that offers a safe con­duit for whis­tleblowers to cache and pub­li­cise their inform­a­tion without imme­di­ately hav­ing to over­turn (and in some cases risk) their lives.

For this work, Wikileaks has over the years won a num­ber of inter­na­tion­ally pres­ti­gi­ous journ­al­ism awards.

Inev­it­ably, crit­ics in the main­stream media seem to want to have their cake and eat it too: one early part­ner, the New York Times, has writ­ten that it does­n’t recog­nise Wikileaks as a journ­al­ist organ­isa­tion or a pub­lish­er — it is a source, pure and simple.

Either way, by say­ing this the media are surely shoot­ing them­selves in the cor­por­ate feet with both bar­rels. If Wikileaks is indeed “just” a source (the NYT seems to be blithely for­get­ting that good journ­al­ism is entirely depend­ent on its sources), then the media are break­ing their prime dir­ect­ive: pro­tect a source at all costs.

How­ever, if Wikileaks is a journ­al­ism or pub­lish­ing organ­isa­tion and as such is being tar­geted by the US gov­ern­ment, then all oth­er media are surely equally at risk in the future?

By not stand­ing up for Wikileaks in either capa­city, it appears that the old media have a death wish.

Over the years whis­tleblowers around the world have demon­strated their trust in Wikileaks, as it was set up by someone emer­ging from the ori­gin­al bona fide hack­er com­munity.   And rightly so — let’s not for­get that no source has been exposed through the fail­ure of the organ­isa­tion’s technology.

Many media organ­isa­tions rushed to emu­late its suc­cess by try­ing to set up their own “secure” whis­tleblow­ing repos­it­or­ies.  What the media execs failed to under­stand was the hack­er eth­os, the open source men­tal­ity: they went to their tech­ie depart­ment or com­mer­cial IT ser­vice pro­viders and said “we want one”, but failed to under­stand both the eth­os and the secur­ity con­cerns around closed, pro­pri­et­ary soft­ware sys­tems, often chan­nelled through the post-Pat­ri­ot Act, post-CISPA USA.

Oth­er, appar­ently well-mean­ing organ­isa­tions, also tried to emu­late the Wikileaks mod­el, but most have died a quiet death over the last year.  Per­haps, again, for want of real trust in their ori­gin or tech security?

Why on earth would any secur­ity-con­scious whis­tleblower, emer­ging out of a gov­ern­ment, mil­it­ary or intel­li­gence organ­isa­tion, trust such a set-up?  If someone comes out of such an envir­on­ment they will know all-too-well the scale of the push-back, the pos­sible entrap­ments, and the state-level resources that will be used to track them down. They either need an über-secure whis­tleblow­ing plat­form, or they need journ­al­ists and law­yers with fire in their belly to fight the fight, no mat­ter what.

So now to Open­Leaks — appar­ently the brainchild of Wikileaks defect­or Daniel Dom­sheit-Berg. He and the shad­owy “Archi­tect” fam­ously fell out with Juli­an Assange in late 2010, just when the polit­ic­al heat was ramp­ing up on the organ­isa­tion.  They left, reportedly tak­ing some of the cru­cial cod­ing and a tranche of files with them, and Dom­sheit-Berg decided to set up a rival organ­isa­tion called Open­Leaks.  As a res­ult of his actions, Dom­sheit-Berg was uniquely cast out of the inter­na­tion­al hack­er group, the CCC in Berlin.

He now seems to have been wel­comed back into the fold and Open­Leaks appears, finally, to be ready to receive whis­tleblower information.

How­ever, there is a cru­cial dif­fer­ence between the two organ­isa­tions.  Where Wikileaks wants to lay the inform­a­tion out there for pub­lic eval­u­ation, Open­Leaks will merely act as a repos­it­ory for cer­tain approved main­stream media organ­isa­tions to access. We are back to the ori­gin­al block­age of the cor­por­ate media decid­ing what inform­a­tion we, the people, should be allowed to ingest.

I would not wish to com­ment on Dom­sheit-Ber­g’s motiv­a­tion, but to me this seems to be an even worse option for a whis­tleblower than dir­ectly con­tact­ing a cam­paign­ing journ­al­ist with a proven track record of cov­er­ing hard-core stor­ies and fight­ing for the cause.

With Open­Leaks, the whis­tleblower loses not only the auto­mat­ic wide­spread dis­sem­in­a­tion of their inform­a­tion, but also any semb­lance of con­trol over which journ­al­ists will be work­ing on their story.  Their inform­a­tion will be parked on the web­site and any­one from pre-selec­ted media organ­isa­tions will be able to access, use and poten­tially abuse it.

One could say that Open­Leaks oper­ates as a secure sta­ging plat­form where a whis­tleblower can safely store sens­it­ive doc­u­ments and inform­a­tion.… but the founder allegedly removed and des­troyed sens­it­ive files from Wikileaks when he jumped ship in 2010.  Could any whis­tleblower really trust that Open­Leaks would not sim­il­arly “dis­ap­pear” shit-hot inform­a­tion in the future?

Plus, there is the added worry for any rightly-para­noid whis­tleblower that the founder of Open­Leaks so eas­ily aban­doned Wikileaks when under pres­sure.  Who’s to say that this would not hap­pen again, if the full might of the Pentagon were brought to bear on OpenLeaks?

Open­Leaks offers neither the per­son­al sup­port of work­ing with a trus­ted journ­al­ist and a media organ­isa­tion with the clout to fight back, nor does it provide full dis­clos­ure to the wider pub­lic to side-step poten­tial media self-cen­sor­ship and gov­ern­ment law suits, as the ori­gin­al Wikileaks mod­el does.

As such Open­Leaks seems, at least to this par­tic­u­lar whis­tleblower, to be an evol­u­tion­ary blip — a ret­ro­grade step — in the quest for justice and accountability.

La Conférence régionale du journalisme d’enquête, Geneva

Swiss_Press_Club_PhotoThe end of April saw me bask­ing in the hot and sunny weath­er of Geneva, where I had been invited to give a talk (Down­load Geneva) at the Swiss Press Club.

We had a lovely time in Geneva, and many thanks to Jean-Phil­ippe Ceppi and the rest of the team for such a warm, inter­ested and inter­est­ing welcome.

The Scandinavian Tour 2012

I had an immensely stim­u­lat­ing time dur­ing my recent mini-tour of Scand­inavi­an invest­ig­at­ive journ­al­ism con­fer­ences, meet­ing informed, inter­est­ing, and inter­ested people.

The focus of my talks was the nex­us between the intel­li­gence world and the media — les­sons I had learned, researched and deduced dur­ing the whis­tleblow­ing years and bey­ond.  I have heard so many hair-rais­ing media stor­ies over the years.…

And, hav­ing listened to the exper­i­ences of journ­al­ists from a wide vari­ety of oth­er coun­tries, it seems I am on the right track.

Grav_talkFirst stop was the Grav con­fer­ence in Sweden, where I gave a talk and had the pleas­ure of meet­ing invest­ig­at­ive journ­al­ists who con­firmed what I was say­ing, even if some of them did­n’t think I had quite gone far enough!  We also had fun at the “min­gel” evening.

Next stop, next day, was the SKUP con­fer­ence in Nor­way where I did a talk, and also a debate about the media and whis­tleblowers.  Note to self: nev­er, ever agree to do a morn­ing debate after the legendary SKUP party the night before.

Finally, last week­end, I vis­ited the Tutki 2012 journ­al­ism con­fer­ence in Fin­land (Down­load Helsinki_Talk).  The response was over­whelm­ingly pos­it­ive, and once again I had con­firm­a­tion of what I was say­ing from the journ­al­ists themselves.

So what can we do about this situ­ation?  I shall keep spread­ing the word, and the journ­al­ists them­selves just need to keep say­ing a resound­ing “no” to the induce­ments, at least if they want to work on mean­ing­ful invest­ig­a­tions.  And what real journ­al­ist does­n’t, au fond?

Next stop Geneva, which is why I’m limber­ing up with the French.

A blast from the past

How strange to stumble across this art­icle in the Guard­i­an news­pa­per yes­ter­day, which describes a journ­al­ist’s jus­ti­fi­ably para­noid exper­i­ences inter­view­ing Dav­id Shayler and me back in 2000 while writ­ing an art­icle for Esquire magazine.

The author, Dr Eamonn O’Neill, now a lec­turer in journ­al­ism at Strath­clyde Uni­ver­sity, spent a few days with us in Lon­don and Par­is way back when.

Shayler_Esquire_2000The Esquire art­icle high­lights the para­noia and sur­veil­lance that we had to live with at the time, and the con­tra­dict­ory brief­ings and slanders that were com­ing out of the Brit­ish estab­lish­ment and the media. O’Neill also intel­li­gently tries to address the motiv­a­tions of a whistleblower.

When it was pub­lished I was mildly uncom­fort­able about this art­icle — I felt it did­n’t do Dav­id full justice, nor did it appear to get quite to the heart of the issues he was dis­cuss­ing.  I sup­pose, at the time, I was just too enmeshed in the whole situation.

Now, with hind­sight, it is more per­spic­a­cious than I had thought.  And rather sad.

This art­icle is a timely remind­er of how vicious the estab­lish­ment can be when you cause it embar­rass­ment and pain; the treat­ment meted out to Dav­id Shayler was bru­tal.  And yet noth­ing has changed to this day, as we can see with the ongo­ing pur­suit and vili­fic­a­tion of Wikileaks.

And now to Finland.…

Tutki2012_logoMy grand tour around Scand­inavia con­tin­ues next week­end, when I shall be giv­ing the open­ing key­note at the Tutki!2012 invest­ig­at­ive journ­al­ism con­fer­ence in Hel­sinki.  Look­ing for­ward to the conference!

Talks in Sweden and Norway

Off on my travels again at the end of the week, with two key­notes at Scand­inavi­an journ­al­ism conferences.

Grav_logo I shall first be speak­ing at the Grav con­fer­ence in Sweden on Fri­day 23 March.

SKUP_2012Top­ics under dis­cus­sion will include everything from secur­ity and intel­li­gence to the war on ter­ror, civil liber­ties to eth­ics and media freedoms, gov­ern­ment account­ab­il­ity to whis­tleblow­ing and Wikileaks.

On Sat­urday I travel on to Nor­way to speak at the SKUP con­fer­ence to give a talk and also on Sunday morn­ing to par­ti­cip­ate in a pan­el dis­cus­sion about all things whis­tleblow­ing and Wikileaks. I gath­er that such dis­cus­sions can get quite, um, lively.

I’m look­ing for­ward to an inter­est­ing and stim­u­lat­ing weekend.

The Extradition Farce — why the delay in reform?

Out­rage con­tin­ues to swell about the per­emp­tory extra­di­tion of Brit­ish cit­izens to face tri­al on tenu­ous charges abroad.

Thanks to the tire­less cam­paign­ing of dis­traught fam­ily mem­bers, a grow­ing anger in the UK press, and indig­nant ques­tions and debates in Par­lia­ment — even our somn­am­bu­lant MPs have roused them­selves to state that Some­thing Must be Done — the Extra­di­tion Act 2003 is now centre stage, and reform of the law will no doubt occur at some point.

As there is a grow­ing con­sensus, why the delay?  I have a the­ory, but first let’s review some of the most troub­ling recent cases.

Janis_SharpThe case that really brought the issue to wide­spread pub­lic atten­tion  is the dec­ade-long extra­di­tion battle of Gary McKin­non.  With this sword of Damocles hanging over his head for so long, poor Gary has already effect­ively served a 10-year sen­tence, uncer­tain of his future and unable to work in his chosen pro­fes­sion.  Thanks to the indefatig­able cam­paign­ing of his moth­er, Janis Sharp, his case has received wide­spread sup­port from the media and politi­cians alike.

Des­pite this the Home Sec­ret­ary, Theresa May (who has recently been work­ing so hard in Jordan to pro­tect the rights of Abu Qatada), has dragged her feet abom­in­ably over mak­ing a decision about wheth­er Gary should be extra­dited to the US to face a pos­sible 70-year pris­on sen­tence — even though the UK invest­ig­a­tion into his alleged crime was aban­doned way back in 2002.

Julia_and Richard_OdwyerThen there is the more recent case of stu­dent Richard O’D­wyer, wanted in the US even though he lives in the UK and has broken no Brit­ish laws.  He is facing a 10 year max­im­um secur­ity sen­tence if extra­dited.  Once again, his moth­er, Julia, is tire­lessly fight­ing and cam­paign­ing for her son.

Most recently, Chris Tap­pin, a retired busi­ness­man and golf club pres­id­ent, has been shipped off to a Texas high secur­ity pen­it­en­tiary fol­low­ing what sounds like a US entrap­ment oper­a­tion (a tech­nique not leg­ally admiss­able in UK courts), and faces a 35 year sen­tence if convicted.

Chris_and_Elaine_TappinDes­pite hav­ing turned him­self in, this eld­erly gent, who walks with the aid of a cane, is con­sidered such a flight risk that he was last week denied bail. Once again, his wife Elaine has come out fight­ing.

My heart goes out to all these women, and I salute their tenacity and bravery.  I remem­ber liv­ing through a sim­il­ar, if mer­ci­fully briefer, four months back in 1998 when the UK gov­ern­ment tried and failed to extra­dite Dav­id Shayler from France to the UK to stand tri­al for a breach of the OSA. I remem­ber with crys­tal clar­ity the shock of the arrest, the fear when he dis­ap­peared into a for­eign leg­al sys­tem without trace, the anguish about his life in an ali­en prison.

Sunday_Times_Paris_98And I remem­ber the fright­en­ing moment when I real­ised I had to step up and fight for him — the leg­al case, deal­ing with MPs and the end­less media work, includ­ing the ter­ror of live TV inter­views.  And all this when you are wor­ried sick about the fate of a loved one.  Shall I just say it was a steep learn­ing curve?

In the wake of the recent extra­di­tion cases, there have been ques­tions in Par­lia­ment, motions, debates, reviews (Down­load Review), and there is an ongo­ing push for an urgent need for reform.  And no doubt this will come, in time.

So why the delay?  Why not change the law now, and pre­vent McKin­non, O’Dy­wer and many oth­ers being sac­ri­ficed on the Amer­ic­an leg­al altar — the concept of “judi­cial rendi­tion”, as I have men­tioned before.

Well, I have a the­ory, one derived from per­son­al exper­i­ence.  The Brit­ish media — most not­ably the Daily Mail — inveigh against the uni­lat­er­al extra­di­tion of UK cit­izens to the USA’s bru­tal pris­on régime.  There is also some con­cern about extra­di­tion to oth­er European jur­is­dic­tions — usu­ally on the fringes to the south and east of the con­tin­ent, regions where the Brit­ish seem to have a vis­cer­al fear of cor­rupt offi­cials and kangaroo courts.

But what many com­ment­at­ors seem to miss is the cru­cial leg­al con­nec­tion — the extra­di­tion arrange­ments that ensure Brits can be shipped off to the US and many oth­er leg­al banana repub­lics com­par­able leg­al sys­tems to face out­rageous sen­tences are, in fact, embed­ded with­in the Extra­di­tion Act 2003.  This is the act that enshrined the power of the European Arrest War­rant, the the act that was rushed through Par­lia­ment in the midst of the post‑9/11 ter­ror­ism flap.

And, of course, this is the very act that is cur­rently being used and abused to extra­dite Juli­an Assange to Sweden merely for police ques­tion­ing (he has not even been charged with any crime), whence he can be “tem­por­ar­ily sur­rendered” to the delights of the US judi­cial pro­cess. Hmm, could this pos­sibly be the reas­on for the delay in reform­ing the Act?

Assange_Supreme_CourtLet me guess, you think this is begin­ning to sound a bit tin-foil hat? Surely it is incon­ceiv­able that the Brit­ish politi­cians and judges would delay right­ing a flag­rant leg­al wrong that mani­festly res­ults in inno­cent people being unjustly extra­dited and pro­sec­uted? Surely our gov­ern­ment would move swiftly to pro­tect its citizens?

As I men­tioned, my the­ory stems from per­sonal exper­i­ence. Once again delving into the mists of time, in 1997 Dav­id Shayler blew the whistle on the wrong­ful con­vic­tion on ter­ror­ist charges of two inno­cent Palestini­an stu­dents, Samar Alami and Jawad Bot­meh. Their law­yer, the excel­lent Gareth Peirce, was imme­di­ately on the case, but the UK gov­ern­ment dragged its heels for a year. Why?

Dur­ing that time, the UK gov­ern­ment tried to have Shayler extra­dited from France to the UK to stand tri­al. Gov­ern­ment law­yers were con­fid­ent of vic­tory and delayed a decision on the stu­dents’ appeal against their con­vic­tions until the whis­tleblower was safely incar­cer­ated in HMP Bel­marsh, await­ing trial.

Except it all went wrong, and the French freed Shayler for being mani­festly a polit­ical whis­tleblower, which in their leg­al opin­ion was not an extra­dict­able offence. Only at that point did the UK gov­ern­ment law­yers begin to work with Peirce on the Palestini­an case, details of which can be found here.

Christine_AssangeSo my the­ory is that the UK is drag­ging its feet about reform­ing the pre­pos­ter­ous Extra­di­tion Act until it has Assange safely over in Sweden. How­ever, they may be count­ing their chick­ens pre­ma­turely — and they should nev­er, ever over­look the determ­in­a­tion of the cam­paign­ing moth­er, in this case Christine Assange.

But in the mean­time, while the UK con­tin­ues to pros­ti­tute itself to the USA, how many more inno­cent people will have to suf­fer unjust and unjus­ti­fi­able extradition?

A Tale of Two Cases

Abu_QatadaThe first case, the one hit­ting the head­lines this week, is that of Jord­ani­an-born alleged ter­ror­ist supremo Abu Qatada, who arrived in the UK using a forged pass­port almost 20 years ago and claimed asylum, and has already been found guilty twice in absen­tia of ter­ror­ist attacks in Jordan. He is reportedly also wanted in sev­en oth­er coun­tries for ter­ror­ist-related offences.  He has been labeled Bin Laden’s right-hand man in Europe, and over the last few years in the UK has been vari­ously interned, placed under con­trol order, and held in max­im­um secur­ity prisons. 

The UK courts ruled that he should be depor­ted to stand tri­al in his nat­ive coun­try, but these rul­ings were recently over­turned by the European Court of Human Rights (ECtHR), as it had con­cerns that Jord­ani­an dip­lo­mat­ic assur­ances that he would not be tor­tured could not be relied on, and that evid­ence against him in any retri­al there might have been obtained using torture. 

MATT_CartoonAs a res­ult, Mr Justice Mit­ting of the Spe­cial Immig­ra­tion Appeals Com­mis­sion (Siac) has ruled that he should be released under a strict T‑PIM (the new con­trol order).  This decision has pre­dict­ably roused the froth­ing wrath of the Home Office and the read­er­ship of the Daily Mail.  Politi­cians of all fla­vours have rushed out their sound bites con­demning the ECtHR decision. 

But can they not see that it is the com­pla­cency and the very dis­dain for law that the Brit­ish polit­ic­al and intel­li­gence infra­struc­ture has dis­played for the last dec­ade that has cre­ated this mess in the first place?  If, instead of kid­nap­ping, tor­ture, assas­sin­a­tion, and indeed intern­ment without tri­al with­in the UK, the rule of law had been fol­lowed, the coun­try would not cur­rently find itself in this leg­al quagmire. 

There used to be a notion that you used due pro­cess to invest­ig­ate a ter­ror­ist sus­pect as you would any oth­er sus­pec­ted crim­in­al: gath­er the evid­ence, present the case to the Crown Pro­sec­u­tion Ser­vice, hold a tri­al in front of a jury, and work towards a conviction. 

How quaintly old-fash­ioned that all seems today.  Instead, since 9/11 and the incep­tion of the hys­ter­ic­ally bru­tal “war on ter­ror” led by the USA, we have seen people in the UK thrown into pris­on for years on the secret word of anonym­ous intel­li­gence officers, where even the sus­pects’ law­yers are not allowed to see the inform­a­tion against their cli­ents.  The Brit­ish leg­al sys­tem has become truly Kafkaesque.

Which leads me to the second case.  This was a quote in yes­ter­day’s Guard­i­an about the Abu Qatada ruling:

The Con­ser­vat­ive back­bench­er Domin­ic Raab echoed Blun­kett’s anger: “This res­ult is a dir­ect res­ult of the per­verse rul­ing by the Stras­bourg court. It makes a mock­ery of human rights law that a ter­ror­ist sus­pect deemed ‘dan­ger­ous’ by our courts can­’t be returned home, not for fear that he might be tor­tured, but because European judges don’t trust the Jord­ani­an justice sys­tem.”

Julian_assangeIn the case of Juli­an Assange, can we really trust the Swedish justice sys­tem? While the Swedish judi­cial sys­tem may have an ostens­ibly more fra­grant repu­ta­tion than that of Jordan, it has been flag­rantly politi­cised and manip­u­lated in the Assange case, as has been repeatedly well doc­u­mented. Indeed, the Swedish justice sys­tem has the highest rate per cap­ita of cases taken to the ECtHR for flout­ing Art­icle 6 — the right to a fair trial.

If Assange were extra­dited merely for ques­tion­ing by police — he has yet to be even charged with any crime in Sweden — there is a strong risk that the Swedes will just shove him straight on the next plane to the US under the leg­al terms of a “tem­por­ary sur­render”.  And, to bas­tard­ise the above quote, who now really trusts the Amer­ic­an justice system?

A secret Grand Jury has been con­vened in Vir­gin­ia to find a law — any law — with which to pro­sec­ute Assange.  Hell, if the Yanks can­’t find an exist­ing law, they will prob­ably write a new one just for him.

For­get about the fact that Wikileaks is a ground-break­ing new form of high-tech journ­al­ism that has exposed cor­rupt prac­tices across the world over the years.  The US just wants to make an example of Assange in retali­ation for the embar­rass­ment he has caused by expos­ing US double deal­ing and war crimes over the last dec­ade, and no doubt as a dread­ful example to deter others. 

Bradley_Manning_2The alleged Wikileaks source, US sol­dier Private Brad­ley Man­ning, has been kept in inhu­mane and degrad­ing con­di­tions for well over a year and will now be court-mar­tialed.  The gen­er­al assump­tion is that this pro­cess was designed to break him, so that he would implic­ate Assange and pos­sibly oth­er Wikileaks asso­ci­ates.  

In my view, that means that any US tri­al of Assange could essen­tially be rely­ing on evid­ence obtained under tor­ture.  And if Assange is extra­dited and and judi­cially rendered to the US, he too will face tor­tur­ous con­di­tions.

So, to sum­mar­ise, on the one hand we have a man who is wanted in eight coun­tries for ter­ror­ist offences, has already been con­victed twice in his home coun­try, but who can­not be extradited.

And on the oth­er hand we have a man who has not been charged, tried or con­victed of any­thing, but is merely wanted for ques­tion­ing on minor and appar­ently trumped up charges in anoth­er coun­try, yet who has also been imprisoned in sol­it­ary con­fine­ment and held under house arrest.  And it looks like the Brit­ish author­it­ies are happy to col­lude in his extradition.

Both these men poten­tially face a mis­tri­al and both may poten­tially exper­i­ence what is now euphemist­ic­ally known as “degrad­ing and inhu­mane treatment”.

But because one faces being sent back to his home coun­try — now seen for the pur­poses of his case as a banana repub­lic with a cor­rupt judi­cial sys­tem that relies on evid­ence extrac­ted under tor­ture — he shall prob­ably not be extra­dited.  How­ever, the oth­er faces being sent to an ali­en coun­try well known as a beacon of civil rights and fair judi­cial sys­tem oops, sorry, as a banana repub­lic with a cor­rupt judi­cial sys­tem that relies on evid­ence extrac­ted under torture.

A_Tale_of_Two_CitiesThe UK has become a leg­al laugh­ing stock around the world and our judi­cial frame­work has been bent com­pletely out of shape by the require­ments of the “war on ter­ror” and the rap­idly devel­op­ing cor­por­ate fas­cism of our government. 

The UK is cur­rently cel­eb­rat­ing the bicen­ten­ary of the birth of Charles Dick­ens.  Per­haps the time has come to pause and think about some of the issues he dis­cussed in one of his best-known nov­els, “A Tale of Two Cit­ies”.  Do we want our coun­try to slide fur­ther down the path of state ter­ror­ism — a phrase adop­ted from the ori­gin­al Grande Ter­reur of the French Revolution? 

We need to seize back our basic rights, the due pro­cess of law, and justice.

One man’s terrorist is another man’s activist

Here we go again.  In this heart­warm­ing art­icle in today’s Guard­i­an news­pa­per, Brit­ish MPs on the Home Affairs Com­mit­tee have decided that the inter­net is the most sig­ni­fic­ant factor in the rad­ic­al­isa­tion of viol­ent extrem­ists and con­clude that Some­thing Must Be Done.

One para­graph leapt out at me:

The Com­mons home affairs com­mit­tee says inter­net ser­vice pro­viders need to be as effect­ive at remov­ing mater­i­al that pro­motes viol­ent extrem­ism as they are in remov­ing con­tent that is sexu­al or breaches copy­right.” (My emphasis.)

Anti_SOPA_cartoonMost of us are aware of the recent dog­fight in the US about the pro­posed SOPA and PIPA laws to crack down on copy­right infringe­ment and, as a res­ult, there is a some­what belated but stead­ily increas­ing out­cry in Europe about the immin­ent impos­i­tion of ACTA across the continent. 

I have writ­ten before about how such laws provide the mil­it­ary-intel­li­gence com­plex with the per­fect stalk­ing horse for a pan­op­tic sur­veil­lance state, and the cam­paign­ing writer, Cory Doc­torow, summed it up beau­ti­fully when he wrote that “you can­’t make a sys­tem that pre­vents spy­ing by secret police and allows spy­ing by media giants”.

And, lo, it is now appar­ently com­ing to pass.  The Par­lia­ment­ary half-wits are now pro­pos­ing to use com­mer­cial legis­la­tion such as the utterly undemo­crat­ic ACTA as a bench­mark for coun­ter­ing poten­tial ter­ror­ists and extrem­ists.  Might they have failed to notice the pleth­ora of exist­ing counter-ter­ror­ism and eaves­drop­ping legis­la­tion, put in place for this very pur­pose and already much used and abused by a wide range of pub­lic bod­ies in the UK?

This yet again high­lights the mis­sion-creepy Big Broth­er cor­por­at­ist group-think.  Rather than hav­ing to spell it out in bor­ing old lin­ear text, here is some use­ful link­age — what I like to think of as 3‑D writing: 

Pro­test­er = act­iv­ist = domest­ic extrem­ist = viol­ent extrem­ist = ter­ror­ist  

G20_kettling

I’m sure you can see where I am head­ing.  To name but a few notori­ous abuses, we already live in a world where west­ern gov­ern­ments and spy agen­cies col­lude in the kid­nap­ping, tor­ture and assas­sin­a­tion of alleged ter­ror­ist sus­pects; the NDAA now endorses these prac­tices with­in the US; Brit­ish police spy on inno­cent protest groups for years; legit­im­ate pro­test­ers can be “kettled”, beaten up and maced; act­iv­ists can be pre-empt­ively arres­ted as eas­ily in the UK as in Syr­ia; and where Amer­ic­an politi­cians want to des­ig­nate the high-tech pub­lish­ing organ­isa­tion Wikileaks as a ter­ror­ist group.

There is an old aph­or­ism that one man’s ter­ror­ist was anoth­er man’s free­dom fight­er.  I think the time has come for an update:

One man’s ter­ror­ist is anoth­er man’s activist. 

And we are all increas­ingly at risk.