Have British Spies been hacking the EU?

First pub­lished by Con­sor­ti­um News.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Donald Trump v the Spooks

Pub­lished on Con­sor­ti­um News on 16 Janu­ary 2017.

The clash between plu­to­crat­ic Pres­id­ent-elect Trump and the CIA is shap­ing up to be the heavy-weight prize fight of the cen­tury, and Trump at least is approach­ing it with all the enter­tain­ing bom­bast of Mohammed Ali at the top of his game. Rather than fol­low­ing the tra­di­tion of doing dirty polit­ic­al deals in dark corners, more com­monly known as fix­ing the match, Trump has come out swinging in the full glare of the media.

In that corner we have a deal-mak­ing, bil­lion­aire “man of the people” who, to European sens­ib­il­it­ies at least, reputedly espouses some of the mad­der US domest­ic obses­sions and yet has seemed to offer hope to many aggrieved Amer­ic­ans. How­ever, it is his pro­fessed pos­i­tion on build­ing a rap­proche­ment with Rus­sia and cooper­at­ing with Moscow to sort out the Syr­i­an mess that caught my atten­tion and that of many oth­er inde­pend­ent com­ment­at­ors internationally.

In the oppos­ite corner his oppon­ents have pushed the CIA into the ring to deliv­er the knock-out blow, but this has yet to land.  Des­pite jab after failed jab, Trump keeps evad­ing the blows and comes rat­tling back against all the odds. One has to admire the guy’s footwork.

So who are the oppon­ents ranged behind the CIA, yelling encour­age­ment through the ropes? The obvi­ous cul­prits include the US mil­it­ary indus­tri­al com­plex, whose bot­tom line relies on an era of unend­ing war. As jus­ti­fic­a­tion for extract­ing bil­lions — even tril­lions — of dol­lars from Amer­ic­an tax­pay­ers, there was a need for fright­en­ing vil­lains such as Al Qaeda and, even more so, the head chop­pers of ISIS.  How­ever, since the Rus­si­an inter­ven­tion in Syr­ia in 2015, those vil­lains no longer packed so scary a punch, so a more endur­ing vil­lain, like Emmanuel Gold­stein, the prin­cip­al enemy in George Orwell’s “1984”, was required.  Rus­sia was the obvi­ous new choice, the old favour­ite from the Cold War play book.

The west­ern intel­li­gence agen­cies have a ves­ted interest in etern­al enemies to ensure both etern­al fund­ing and etern­al power, hence the CIA’s entry into the fight. As former Brit­ish MP and long-time peace act­iv­ist George Gal­lo­way so elo­quently said in a recent inter­view, an unholy alli­ance is now being formed between the “war party” in the US, the mil­it­ary-indus­tri­al-intel­li­gence com­plex and those who pre­vi­ously would have pub­licly spurned such accom­plices: Amer­ic­an pro­gress­ives and their tra­di­tion­al host, the Demo­crat­ic Party.

Yet, if the DNC had not done its best to rig the primar­ies in favour of Hil­lary Clin­ton, then per­haps we would not be in this pos­i­tion. Bernie Sanders would now be the President-elect.

These estab­lish­ment forces have also revealed to the wider world a fact long known but largely dis­missed as con­spir­acy the­ory by the cor­por­ate main­stream media, that the two-party sys­tem in both the US and the UK is a sham. In fact, we are gov­erned by a glob­al­ised élite, work­ing in its own interest while ignor­ing ours. The Demo­crats, openly dis­gruntled by Hil­lary Clin­ton’s elec­tion loss and being seen to jump into bed so quickly with the spooks and the war­mon­gers, have laid this real­ity bare.

In fact, respec­ted US invest­ig­at­ive journ­al­ist Robert Parry recently wrote that an intel­li­gence con­tact admit­ted to him before the elec­tion that the intel­li­gence agen­cies did not like either of the pres­id­en­tial can­did­ates. This may go some way to explain­ing the FBI’s inter­ven­tion in the run up to the elec­tion against Hil­lary Clin­ton, as well as the CIA’s attempts to de-legit­im­ise Trump’s vic­tory afterwards.

Wheth­er that was indeed the case, the CIA has cer­tainly held back no punches since Trump’s elec­tion. First the evid­ence-lite asser­tion that it was the Rus­si­ans who hacked the DNC emails and leaked them to Wikileaks: then the fake news about Rus­sia hack­ing the vot­ing com­puters; that then morph­ed into the Rus­si­ans “hacked the elec­tion” itself; then they “hacked” into the US elec­tric grid via a Ver­mont util­ity.  All this without a shred of fact-based evid­ence provided, but Obama’s expul­sion of 35 Rus­si­an dip­lo­mats last month solid­i­fied this dubi­ous real­ity in Amer­ic­ans’ minds.

All this has so far cul­min­ated, of course, in the “dirty dossier” alleg­a­tions last week about Trump, which he has rightly knocked down — it was des­per­ately poor stuff.

This last item, from a Brit­ish per­spect­ive, is par­tic­u­larly con­cern­ing. It appears that a Wash­ing­ton dirt-dig­ging com­pany was hired by a Repub­lic­an rival to Trump to unearth any poten­tial Rus­si­an scan­dals dur­ing the primar­ies; once Trump had won the nom­in­a­tion this dirt-dig­ging job­bery was then taken over by a Demo­crat sup­port­er of Hil­lary Clin­ton. The anti-Trump invest­ig­a­tion was then sub-con­trac­ted to an alleged former Brit­ish spy, an ex-MI6 man named Chris­toph­er Steele.

Much has already been writ­ten about Steele and the com­pany, much of it con­tra­dict­ory as no doubt befits the life of a former spy. But it is a stand­ard career tra­ject­ory for insiders to move on to cor­por­ate, mer­cen­ary spy com­pan­ies, and this is what Steele appears to have done suc­cess­fully in 2009.  Of course much is pre­dic­ated on main­tain­ing good work­ing rela­tions with your former employers.

That is the aspect that interests me most — how close a link­age did he indeed retain with his former employ­ers after he left MI6 in 2009 to set up his own private spy com­pany? The answer is import­ant because com­pan­ies such has his can also be used as cut-outs for “plaus­ible deni­ab­il­ity” by offi­cial state spies.

Of course, I’m not sug­gest­ing that happened in this case, but Steele reportedly remained on good terms with MI6 and was well thought of.  For a man who had not been sta­tioned in Rus­sia for over 20 years, it would per­haps have been nat­ur­al for him to turn to old chums for use­ful connections.

But this ques­tion is of extreme import­ance at a crit­ic­al junc­ture for the UK; if indeed MI6 was com­pli­cit or even aware of this dirt dig­ging, as it seems it might have been, then that is a huge dip­lo­mat­ic prob­lem for the gov­ern­ment’s attempts to devel­op a strong work­ing rela­tion­ship with the US, post-Brexit. If MI6’s sticky fin­gers were on this case, then the organ­isa­tion has done the pre­cise oppos­ite of its offi­cial task — “to pro­tect nation­al secur­ity and the eco­nom­ic well-being of the UK”.

MI6 and its US intel­li­gence chums need to remem­ber their des­ig­nated and legis­lated roles with­in a demo­cracy — to serve the gov­ern­ment and pro­tect nation­al secur­ity by gath­er­ing intel­li­gence, assess­ing it impar­tially and mak­ing recom­mend­a­tions on which the gov­ern­ment of the day will choose to act or not as the case may be.

The spies are not there to fake intel­li­gence to suit the agenda of a par­tic­u­lar régime, as happened in the run-up to the illeg­al Iraq war, nor are they there to endem­ic­ally spy on their own pop­u­la­tions (and the rest of the world, as we know post-Snowden) in a point­less hunt for sub­vers­ive activ­ity, which often trans­lates into legit­im­ate polit­ic­al act­iv­ism and acts of indi­vidu­al expression.

And most espe­cially the intel­li­gence agen­cies should not be try­ing to sub­vert demo­crat­ic­ally elec­ted gov­ern­ments. And yet this is what the CIA and a former seni­or MI6 officer, along with their power­ful polit­ic­al allies, appear to be now attempt­ing against Trump.

If I were an Amer­ic­an I would be wary of many of Trump’s domest­ic policies. As a European con­cerned with great­er peace rather than increas­ing war, I can only applaud his con­struct­ive approach towards Rus­sia and his offer to coöper­ate with Moscow to staunch the blood­shed in the Middle East.

That, of course, may be nub of his fight with the CIA and oth­er ves­ted interests who want Rus­sia as the new bogey­man.  But I would bet that Trump takes the CIA’s slurs per­son­ally. After all, giv­en the ugli­ness of the accus­a­tions and the lack of proof, who would not?

So, this is a world cham­pi­on­ship heavy-weight fight, over who gets to hold office and wield power, an area where the US and UK intel­li­gence agen­cies have con­sid­er­able exper­i­ence in rig­ging matches and knock­ing out oppon­ents. Think, for instance, Ira­ni­an Prime Min­is­ter Mohammad Mossad­eq in 1953; Chilean Pres­id­ent Sal­vador Allende in 1973; Iraqi lead­er Sad­dam Hus­sein in 2003; and Liby­an lead­er Muam­mar Gad­dafi in 2011. Syr­i­an Pres­id­ent Bashar al-Assad in Syr­ia is punch-drunk but still stand­ing, thanks to some good corner sup­port from Russia.

How­ever, it would appear that Trump is a stranger to the spies’ self-defined Queens­bury Rules in which tar­gets are deemed para­noid if they try to alert the pub­lic to the planned “régime change” or they become easy tar­gets by stay­ing silent. By con­trast, Trump appears shame­less and pug­na­cious. Street-smart and self-pro­mot­ing, he seems com­fort­able with bare-knuckle fighting.

This match has already gone into the middle rounds with Trump still boun­cing around on his toes and rel­ish­ing the fight. It would be iron­ic if out of this nasty prize fight came great­er world peace and safely for us all.