A few minutes after Julian Assange was scandalously arrested and dragged out of the Ecuadorian Embassy in London last week, I was contacted by RT.com to do an interview. While further comments will follow, here are my initial thoughts:
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…..
On 5th June 2018 the UK Home Secretary, Sajid Javid, unveiled his new counter-terrorism initiative that he says is targeting an ever-metastasising threat, yet it raises a raft of new questions about people’s rights.
The government is acting on the imperative that something needs to be done. But MI5 — officially known as the UK domestic Security Service and the lead organisation in combating terrorism within the UK — has already, since the start of the war on terror, doubled in size and has also been promised yet more staff over the next two years.
Yet despite these boosted resources for MI5, as well as increased funding and surveillance powers for the entire UK intelligence community, virtually every terror attack carried out in the UK over the last few years has been committed by someone already known to the authorities. Indeed, the Manchester bomber, Salman Abedi, had been aggressively investigated but MI5 ignored vital intelligence and closed down the active investigation shortly before he carried out the attack.
This failure to target known threats is not just a UK problem. Attacks across Europe over the last few years have repeatedly been carried out by people already on the local security radar.
New approaches are needed. But this latest offering appears to be a medley of already failed initiatives and more worryingly a potentially dangerous blueprint for a techno-Stasi state.
The main points of the new Home Office plan include: making MI5 share intelligence on 20,000 “subjects of concern” with a wide range of organisations, including local councils, corporations, local police, social workers, and teachers; calling on internet companies to detect and eradicate extremist or suspicious content; making online marketplaces such as Amazon and eBay report suspicious purchases; increasing surveillance of big events and infrastructure; and passing even tougher anti-terrorism laws.
This all sounds reasonable to those who are fearful of random attacks on the streets or at events – that is unless one has seen in the past how some initiatives have already been proven to fail or can foresee in the future wholesale abuse of increased surveillance powers.
Intelligence is not Evidence
The most chilling part of the MI5 plan is sharing intelligence on 20,000 subjects of concern. First of all, this is intelligence – by nature gathered from a range of secret sources that MI5 would normally wish to protect. When communicating with counter-terrorism police, intelligence agencies will normally hide the source, but that will require an immense amount of work for 20,000 cases before the information can be shared. Secondly, bear in mind that intelligence is not evidence. Effectively MI5 will be circulating partially assessed suspicions, perhaps even rumours, about individuals, very widely about people who cannot be charged with any crime but who will fall under a deep shadow of suspicion within their communities.
Also if this intelligence is spread as widely as is currently being suggested, it will land in the laps of thousands of public bodies – for instance, schools, councils, social care organisations, and local police. Multiple problems could arise from this. There will no doubt be leaks and gossip within communities – so-and-so is being watched by MI5 and so on.
There will also be the inevitable mission-creep and abuse of power that we saw almost 20 years ago when a whole range of the same public bodies were allowed access to the new eavesdropping and surveillance law, the Regulation of Investigatory Powers Act (2000). Back then, local councils were abusing counter-terrorism legislation to catch people who might be trying to play school catchment areas (districts) to get their children into better schools, or even, and I kid you not, might be cockle-rustling on their local beach. Of course, such intrusive electronic surveillance powers have been significantly increased since then, with the Investigatory Powers Act 2017, that allows bulk storage, bulk dataset hacking and hacking per se.
All this follows the notorious Home Office counter-terrorism PREVENT scheme – the failed parent of these new proposals.
A decade ago PREVENT was designed to reach out, build bridges with Muslim communities across Britain, encouraging them to report any suspicious behaviour to the authorities to nip incipient radicalisation in the bud. Unfortunately it did not quite work out that way. Young Muslims told stories of pressure from MI5 to spy on their communities. It destroyed community trust rather than built it.
Unfortunately, this new Home Office scheme goes even further down the wrong path. It asks teachers, social workers, the local police and other authority figures to go beyond reporting suspicious behaviour to actually be given a list of names to keep a awatch on “subjects of interest”.
The last time such a system of community informants used in Europe was ended when the Berlin Wall came down in 1989 and East Germany’s Stasi system of a vast network of informers was revealed in all its horror. How ironic that the same system that was devised to protect the East German youth from the “decadent influence” of Western ideals is now being proposed in a “decadent” Western country to spy on its own youth for traces of radicalisation.
Suffice to say that if the British government cannot even make the internet titans such as Google and Facebook pay their fair share in taxes, nor call Facebook’s Mark Zuckerberg to account in Parliament about the Cambridge Analytica scandal, then good luck forcing them make a meaningful effort to root out extremist material.
But even if they do agree, this idea is fraught with the troublesome question of who gets to decide whether something is extremist material or a dissenting opinion against the establishment? Facebook, Google and Youtube are already engaging in what can only be called censorship by de-ranking in search results material from legitimate dissident websites that they, with no history of exercising news judgement, deem “fake news”.Such established news sites such as Wikileaks, ConsortiumNews and World Socialist Web Site as well as many others listed on the notorious and unreliable PropOrNot list have taken a significant hit since these restrictions came into play on 23 April 2017.
Amazon, eBay and other retail companies are being asked to report suspicious sales of precursor materials for bombs and other weapons. Car hire companies will be asked to report suspicious individuals hiring cars and lorries. Algorithms to detect weapons purchases may be feasible, but denying rentals to merely “suspicious” individuals who’ve committed no crimes strays into Stasi territory.
Back in the era of fertiliser lorry and nail bombs, laws were put in place across Europe to require fertiliser companies to report strange purchases – from people who were not registered agriculturalists, for example, Unfortunately, this law was easily subverted by Norwegian right-wing terrorist, Anders Breivik, who simply worked to establish a farm and then legally purchased the ingredients for his Oslo car bomb in 2011.
You are Being Watched
The UK is known as having the most CCTV cameras per capita in the Western world. There have been various plans mooted (some leaked to Wikileaks) to hook these up to corporations such as Facebook for immediate face tagging capabilities, and the development of algorithms that can identify suspicious behaviour in real time and the police can move to intercept the “suspect”.
Face recognition cameras are being trialled by three police forces in the UK – with software that can allegedly watch crowds at events and in stations and potentially identify known criminals and suspects in a crowd and alert the police who will immediately move in and intercept.
Unfortunately, according to Big Brother Watch in the UK, these computer systems have up to a 98% failure rate. If the Home Secretary is really suggesting that such dodgy software is going to be used to police our public spaces I would suggest that he ask his geeks to go back and do their homework.
Do we really want to live in a country where our every movement is watched by technology, with the police waiting to pounce; a country where if we are running late or are having a stressed work day and seem “strange” to a person in a car hire company, we can be tracked as a potential terrorist; where children need to fear that if they ask awkward, if interested, questions of their teachers or raise family concerns with social care, they might already be on a watch list and their file is stacking up slowly in the shadows?
That way lies totalitariansim. I have been tracking how a state can slide unthinkingly into such a situation for years, particularly looking at such warnings from history as 1930s Germany and, over the last decade, I have seriously begun to fear for my country.
If these measures go through Britons could be living under SS-GB – the name of a book by the excellent spy writer, Len Deighton, in his envisioning of what the UK would have been like if the Nazis had succeed in invading during World War Two. The ultimate irony is that the acronym attributed to MI5 at international intelligence conferences way back in the 1990s used to be UK SS – UK Security Service. I hear it has changed now….
This morning I was invited on to RT to do an interview about the breaking story of a mass shooting that occurred last night at a nightclub in Florida in the USA. You will, no doubt, have seen the headlines by now — the biggest mass shooting in modern American history.
At the time, as the news was breaking, I was somewhat puzzled about what I could contribute — surely this was just another ghastly massacre by the usual gun-toting crazy that America seems to spawn so regularly? After all, it seems that the Second Amendment is the last right standing from the US constitution, after all the others have been eviscerated as a result of the “war on terror” and the social friction caused by the financial melt-down of the US economy?
However, with a little thought on a mellow European Sunday, I could see a number of threads coming together, which I explored during the interview. I would like to develop some of them further in this article.
At the time I was interviewed, few hard facts had been confirmed about the shooting — merely a conservative estimate of the number of dead and wounded, and the fact the gunman had been killed. Everything else was pure speculation. That did not stop much of the Western media from jumping to conclusions — that this must be an ISIS-inspired attack and therefore Muslim terrorism, by our current Western definition.
I have a problem with this current usage. When working as an intelligence officer with MI5 in the 1990s — at the height of the religious civil war being waged between the Protestants and the Catholics in Northern Ireland, our working definition was that “terrorism” was the use of violence to achieve political aims. So “terrorism” has never been a purely Muslim-originated concept, no matter how the USA has chosen to define it since 9/11.
The reason I am making this rather obvious point is that the USA, particularly, has always engendered some rather unsavoury domestic “terrorist” groups, motivated by Christian or cult fanaticism — think the Branch Davidians, or the Christian fundamentalists murdering doctors and blowing up abortion clinics, or white supremacists terrorising black communities or blowing up FBI offices such as the Oklahoma bombing of 1995, which was initially blamed on Middle Eastern terrorism. If that is not the use of violence to achieve political aims, then our intelligence agencies need to change the definition of terrorism.
As the shootings in the Pulse nightclub in Florida specifically targeted a LGBT crowd, it is just as feasible that the gunman could have fundamentalist Christian beliefs that urged him to target this community as some ISIS-inspired jihadi. After all, we have seen similar attacks in the UK, with the London nail bomber targeting gay nightclubs in 1999.
Yet the former is, to this day, widely seen as a mass killing, a “rampage shooter” or a madman, and treated as a criminal, whereas a Muslim committing the same acts for similarly bigoted reasons is automatically deemed to be a terrorist. And we all know that “terrorism” is a unique form of “eviltude” that immediately exposes the suspect to greater legal penalties at the very least and assassination at the worst end of the scale, US citizen or not.
Terrorism is a crime — pure and simple — and it should be treated as a crime. Muslim suspects of such crimes should not be kidnapped, tortured, held in isolation for years, or subject to military tribunals with no real right to defence, any more than Christian, atheist or any other suspects should be. Nor should specifically “Muslim” terrorism be the excuse used to strip away all our basic and hard-won civic freedoms and human rights in our own countries, yet that is what has been happening in the unending “war on terror”.
The UK went through this debate in the 1980s and 1990s — at the height of the Provisional IRA and Loyalist paramilitary bombing campaigns across the UK — which was another religious-based terrorist war, as I mentioned before. It also — at least from the PIRA side, received the bulk of its funding from the American Irish diaspora. In fact, despite the peace process in Northern Ireland signed with the Good Friday Agreement in 1998, this funding from America only finally dried up in the aftermath of 9/11.
And what of the third point in the title — the mental health issue? I mention this because there was a recent case in London of a knife-wielding man frenziedly attacking commuters in an underground railway station last year. The reporting at the time declared that he had been shouting “this is for Syria” — as he attacked his fellow travellers. At the time everyone assumed he was another radicalised jihadi carrying out a lone wolf attack. Indeed, even people at the scene seemed convinced. One witness cried out “You ain’t no Muslim, bruv”, a heartfelt sentiment that went viral over social media.
This story was headline news in the UK at the time. The trial recently reached its conclusion, and it now appears that the perpetrator had serious mental health issues. These may have latched onto jihadi terminology, but the motivation was not terroristic.
The guy probably needed an earlier intervention by health professionals, but he slipped through the cracks. That does not make him a terrorist though — no matter what he said in his frenzy — and yet this conclusion certainly did not get the front page headlines the initial attack received.
Let us also look at the so-called “lone wolf” attacks that have happened across Western countries over the last few years — in Canada, London, Australia, the USA, Denmark — as well as the Paris and Brussels attacks. Many of the protagonists were already on the radar of the Western intelligence agencies, but because they are drowning in a tsunami of information garnered for the mass surveillance of us all, these crucial nuggets of real intelligence were swamped.
Even worse, it appears that many of the people subsequently fingered as the perpetrators had already been approached by the intelligence agencies, as appears to be the case in Florida too.
So, how does this all come together? There is not doubt that genuine psychopaths or sadists are attracted to terrorist as well as criminal gangs to give free rein to their tendencies — ISIS is an absolutely horrifying example of this. But the ideology of such groups can also attract from a distance the mentally fragile, who can become useful idiots or delusional followers, or vulnerable individuals who can even be manipulated by law enforcement. Add into the mix fundamentalist religion, cult, or racial supremacy beliefs and it all gets too messy, too fast.
And yet.… all these groups use terror to achieve their goals, but only a few are deemed to be terrorists rather than criminals — and we all know now that anyone labelled a terrorist faces far higher penalties than these other categories of crime.
Intelligence agencies are there to protect our national security — ie our nation’s integrity and its very existence. As I have said for many years now, such threats include imminent invasion, as Britain faced during the Second World War, or global annihilation as we all faced during the Cold War.
The random attacks of terrorist — or criminal groups or mentally ill people — cause trauma to the country and the communities in which they occur, but they do not threaten our country’s very survival.
We need to clarify our thinking urgently, both around the definitions applied to such crimes and to the proportionality of the response we make. This will allow us to preserve and strengthen the concept of the rule of law and the notion of democracy under which we all hope to live.
Former US Attorney General, Eric Holder, has softened his stance on the Edward Snowden case and has tacitly admitted there should at least be a public interest legal defence for intelligence whistleblowers.
Well, that’s my take — have a watch of my RT interview yesterday or read here:
Yesterday The Intercept released more documents from the Edward Snowden trove. These highlighted the hitherto suspected by unproven involvement of the NSA in Guantanamo Bay, extraordinary rendition, torture and interrogation.
Here is my interview on RT about the subject:
It was reported in The Guardian newspaper today that the UK parliamentary joint committee on human rights was questioning the legal framework underpinning the use of British drone strikes against terrorist suspects.
Here is an interview I did for RT today about the questionable legality of the UK drone strike programme:
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?
Here is an interview I did for RT today as the news broke that the UN Working Group on Arbitrary Detention would announce tomorrow the findings of its report into the Julian Assange case.
The BBC apparently reported today that the ruling would be in Assange’s favour.
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.
My interview today for RT about the German prosecutor’s decision to stop the investigation of the NSA tapping Chancellor Angela Merkel’s mobile phone, and much more:
All these organisations came together to hold an international conference in support of whistleblowers on 18th June in Amsterdam.
It was a creative event, mixing up lawyers, journalists, technologists and whistleblower support networks from around the world at an event with speeches and workshops, in order for everyone to learn, share experiences, and develop new methodologies and best practice to help current and future whistleblowers.
A stimulating and productive day, at which I did the opening keynote:
Half a year ago I was asked be the director of a new foundation that would raise funds to cover the legal costs of high-profile whistleblowers, journalist sources and associated cases. Five months ago I announced the launch of the Courage Foundation to an audience of 6,000 at the CCC hackerfest in Hamburg:
This week I have resigned my position from the Courage Foundation.
Firstly, I find the current evolution of Courage incompatible with the way I work.
Secondly, I have so many other calls on my time, travelling constantly across Europe to speak at conferences around issues such as whistleblowers, the media, technology, surveillance, privacy, drug policy, human rights.… where to stop.
I wish the organisation all the best for the future. It is doing important work.
I shall also continue to speak out in support of whistleblowers and associated issues — how could I not?