This week I was invited to give a statement to the LIBE Committee at the European Parliament about whistleblowing and the NSA mass surveillance scandal.
I was in good company: ex-NSA Tom Drake, ex-Department of Justice Jesselyn Radack, and ex-NSA Kirk Wiebe. As well as describing the problems we had faced as intelligence whistleblowers, we also suggested some possible solutions.
LIBE Committee Inquiry on Electronic Mass Surveillance of EU Citizens, European Parliament, 30th September 2013
Annie Machon was an intelligence officer for the UK’s MI5 in the 1990s, before leaving to help blow the whistle on the crimes and incompetence of the British spy agencies. As a result she and her former partner had to go on the run around Europe, live in exile in France, face arrest and imprisonment, and watch as friends, family and journalists were arrested.
She is now a writer, media commentator, political campaigner, and international public speaker on a variety of related issues: the war on terrorism, the war on drugs, the war on whistleblowers, and the war on the internet. In 2012 she started as a Director of LEAP in Europe (www.leap.cc).
Annie has an MA (Hons) Classics from Cambridge University.
Meaningful parliamentary oversight of intelligence agencies, with full powers of investigation, at both national and European levels.
These same democratic bodies to provide a legitimate channel for intelligence whistleblowers to give their evidence of malfeasance, with the clear and realistic expectation that a full inquiry will be conducted, reforms applied and crimes punished.
Institute a discussion about the legal definition of national security, what the real threats are to the integrity of nation states and the EU, and establish agencies to work within the law to defend just that. This will halt international intelligence mission creep.
EU-wide implementation of the recommendations in the Echelon Report (2001):
to develop and build key infrastructure across Europe that is immune from US governmental and corporatist surveillance; and
“Germany and the United Kingdom are called upon to make the authorisation of further communications interception operations by US intelligence services on their territory conditional on their compliance with the ECHR (European Convention on Human Rights).”
The duty of the European parliament is to the citizens of the EU. As such it should actively pursue technology policies to protect the privacy and basic rights of the citizens from the surveillance of the NSA and its vassals; and if it cannot, it should warn its citizens abut this actively and educate them to take their own steps to protect their privacy (such as no longer using certain Internet services or learning to use privacy enhancing technologies). Concerns such as the trust Europeans have in ‘e‑commerce’ or ‘e‑government’ as mentioned by the European Commission should be secondary to this concern at all times.
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.