The Real News Network on Whistleblowing, Part 2

Part Two of my recent inter­view on the excel­lent, inde­pend­ent and fear­less Real News Net­work:

British politicians Droning on

Pub­lished in The Huff­ing­ton Post UK, 2 Octo­ber 2012

Only in the mad world of mod­ern Brit­ish polit­ics could it be pos­sible to con­nect MPs, drones and roy­al breasts. Is this sound­ing a little too bizarre? Let me explain.…

Way back in 2008 Con­ser­vat­ive MP Dami­en Green, who was at the time the Shad­ow Min­is­ter for Immig­ra­tion, was arres­ted on sus­pi­cion of eli­cit­ing leaks from a Home Office civil ser­vant that appeared to con­firm the then Labour gov­ern­ment was cov­er­ing up UK immig­ra­tion figures.

When I say arres­ted, this was not the stand­ard, civ­il­ised and pre-arranged appoint­ment at the loc­al nick, which the police tra­di­tion­ally allow their polit­ic­al “mas­ters” or, for that mat­ter, their bud­dies at News International.

Oh no, this was a full-on, Cold War-style arrest, car­ried out by the Met­ro­pol­it­an Police Counter-Ter­ror­ism com­mand (known in the old days as Spe­cial Branch). Intriguingly, civil ser­vants appeared to have mis­lead­ingly hyped up the need for a heavy-handed police response by stat­ing that they were “in no doubt that there has been con­sid­er­able dam­age to nation­al secur­ity already as a res­ult of some of these leaks”.

And indeed, the res­ult­ing arrests bore all the hall-marks of a nation­al secur­ity case: secret police, dawn raids, and counter-ter­ror­ism style searches of the fam­ily home, the con­stitu­ency office, and — shock — an inva­sion of Green’s office in parliament.

Yet Green was not arres­ted under the terms of the Offi­cial Secrets Act. Instead, both he and his hap­less whis­tleblower, Chris­toph­er Gal­ley, were only seized on sus­pi­cion of breach­ing some arcane Vic­tori­an law (“aid­ing and abet­ting mis­con­duct in pub­lic office”).  I sup­pose arrest­ing a sit­ting MP for a breach of the OSA would have been just too polit­ic­ally tricky.

Leav­ing aside the under­stand­able upset caused to Green’s wife and chil­dren by the raid on their home, plus the fact that the police viol­ated not only their per­son­al effects such as bed sheets and love let­ters but also con­fid­en­tial leg­al papers about child abuse cases that Mrs Green was work­ing on, what really caused out­rage in the media and polit­ic­al classes was the fact that Plod had dared to invade the hal­lowed ground of parliament.

There was an out­cry from politi­cians about the “encroach­ing police state”. The case was duly dropped, the seni­or officer, Assist­ant Com­mis­sion­er Bob Quick, had to resign (but only after com­mit­ting yet anoth­er polit­ic­al gaffe), and oth­er stor­ies, such as the MP expenses scan­dal, grabbed the atten­tion of the main­stream media.

Roll on four years, and Dami­en Green has now ascen­ded to the giddy heights of Home Office Min­is­ter of State for Police and Crim­in­al Justice. Well, meet­ing his new staff must have been an inter­est­ing exper­i­ence for him.

But what is this man now doing in his emin­ent role, to stop the slide into the encroach­ing police state that is the UK? Of all people, one would expect him to be sens­it­ive to such issues.

Sadly, he appears to have already gone nat­ive on the job. It was repor­ted yes­ter­day that he is pro­pos­ing the use of police drones to spy on the UK pop­u­la­tion, but in an “appro­pri­ate and pro­por­tion­ate” man­ner of course.

The concept of small aer­i­al drones being used by UK police has been mooted for a few years now — indeed some police forces and secur­ity agen­cies have already bought them. But where­as the ini­tial, stand­ard jus­ti­fic­a­tion was that it would help in the “war on ter­ror” (as it has so ably done in the Middle East, where inno­cent fam­il­ies are routinely slaughtered in the name of assas­sin­at­ing mil­it­ants), mis­sion-creep has already set in.  Dami­en Green stated at the launch of the new Nation­al Police Air Ser­vice (NPAS) that drones could be use­ful mon­it­or­ing protests and traffic viol­a­tions. It has even been repor­ted that the Home Office plans to use non-leth­al weapons to do so.

Of course there are prob­lems around the use of drones in UK air­space.  Our skies are already very crowded and they could present a haz­ard to air­craft, although the BBC has repor­ted that drones could be air­borne in the next few years.  This appears to be the only argu­ment hold­ing the use of drones in check — for­get about civil liber­ties and pri­vacy issues.

This is par­tic­u­larly per­tin­ent as we look at the evol­u­tion of drone tech­no­logy.  Cur­rently the UK police are dis­cuss­ing toy-sized drones, but it has already been repor­ted that drones the size of birds or even insects, with autonom­ous intel­li­gence or swarm cap­ab­il­it­ies are being developed. And don’t even get me star­ted on the sub­ject of poten­tial militarisation.…

There is a whole debate to be had about what can be viewed and what can­not — where does the pub­lic sphere end and the private begin? A couple of years ago I sug­ges­ted some­what facetiously that our best hope of defeat­ing the intro­duc­tion of sur­veil­lance drones in the UK might be indig­nant celebs suing the paparazzi for using the tech­no­lo­gies.  But per­haps the ante has already been upped in the recent fall-out from the Duch­ess of Cam­bridge and her roy­ally papped breasts.

If drone tech­no­logy becomes wide­spread, then nobody will have any pri­vacy any­where. But who knows, before we get to that stage per­haps HM Queen will come out swinging on the side of pri­vacy for her grand­daugh­ter-in-law, if not for the rest of her “sub­jects”. If that were to hap­pen then no doubt Dami­en Green will aban­don his new-found enthu­si­asm for these air­borne sur­veil­lance pests; if not to stop the “encroach­ing police state” of which he must have such col­our­ful recol­lec­tions, then at least to safe­guard any poten­tial knight­hood in his rosy min­is­teri­al future.

Gestapo Courts

Pub­lished in The Huff­ing­ton Post UK, 30 Septem­ber 2012

Pub­lished in The Real News Net­work, 30 Septem­ber 2012

A lot of sound and fury has been expen­ded in the Brit­ish media over the last few months about the Coali­tion gov­ern­ment’s pro­pos­al to enact secret courts via the pro­posed Justice and Secur­ity Bill — purely for ter­ror­ist cases, you under­stand. Which, of course, is OK as we all know ter­ror­ists are by defin­i­tion the Baddies.

Except we need to drill down into the detail of the pro­pos­als, have a look at some his­tory, and think through the future implications.

The concept of secret courts emerged from the offi­cial UK spook sec­tor — MI5 and MI6 have been lob­by­ing hard for such pro­tec­tion over recent years.  Their argu­ment revolves around a num­ber of civil cases, where Brit­ish vic­tims of extraordin­ary rendi­tion and sub­sequent tor­ture have sued the pants off the spies through civil courts and received some recom­pense for their years of suffering.

The most notori­ous case was that of Binyam Mohamed, who was repeatedly tor­tured in a black pris­on in Morocco, with Brit­ish spies allegedly con­trib­ut­ing to his ques­tion­ing. And we’re not talk­ing about a few stress pos­i­tions, awful as they are. Mohamed was strung up and had his penis repeatedly slashed with a razor.

MI5 and MI6 are aggrieved because they could not defend them­selves in the res­ult­ant civil actions brought against them, and they (and their former polit­ic­al mas­ter Jack Straw) are par­tic­u­larly wor­ried about future cases around the MI6-organ­ised Liby­an rendi­tions exposed last year.  The spies’ argu­ment is that hav­ing to pro­duce evid­ence in their own defence would dam­age that ever-flex­ible but curi­ously vague concept of “nation­al security”.

Well, they would say that, would­n’t they?

The spooks have tra­di­tion­ally used the “nation­al secur­ity” argu­ment as the ulti­mate get-out-of-jail-free card.  It has nev­er been leg­ally defined, but it is unfail­ingly effect­ive with judges and politicians.

We saw sim­il­ar argu­ments dur­ing the post‑9/11 secur­ity flap, when many ter­ror­ist sus­pects were scooped up and interned in high secur­ity Brit­ish pris­ons such as Bel­marsh on the say-so of face­less intel­li­gence officers. No evid­ence needed to be adduced, nor could it be chal­lenged. The sub­sequent con­trol order sys­tem was equally Kafkaesque.

That’s not to say that cer­tain interned indi­vidu­als might not have been an act­ive threat to the UK.  How­ever, in the “good” old days (god, I sound ancient), sus­pects would have had evid­ence gathered against them, been tried by a jury, con­victed and imprisoned. The sys­tem was nev­er per­fect and evid­ence could be egre­giously with­held, but at least appeals were pos­sible, most not­ably in the case of the Birm­ing­ham Six.

Since 9/11 even breath­ing the word “ter­ror­ist” has meant that all these his­tor­ic com­mon law prin­ciples seem to have been jet­tisoned.  Even before the pro­posed enshrine­ment of “secret courts” in the new Bill, they are already being used in the UK — the Spe­cial Immig­ra­tion Appeal Com­mis­sion (SIAC) tribunals hear secret evid­ence and the defend­ant’s chosen law­yer is not allowed to attend. Instead a spe­cial, gov­ern­ment-approved advoc­ate is appoin­ted to “rep­res­ent the interests” of the defend­ant who is not allowed to know what his accusers have to say. And there was no appeal.

But all this is so unne­ces­sary.  The powers are already in place to be used (and abused) to shroud our notion­ally open court pro­cess in secrecy.  Judges can exclude the press and the pub­lic from court rooms by declar­ing the ses­sion in cam­era for all or part of the pro­ceed­ings.  Plus, in nation­al secur­ity cases, gov­ern­ment min­is­ters can also issue Pub­lic Interest Immunity Cer­ti­fic­ates (PIIs) that not only bar the press from report­ing the pro­ceed­ings, but can also ban them from report­ing they are gagged — the gov­ern­ment­al super-injunction.

So the powers already exist to pro­tect “nation­al secur­ity”.  No, the real point of the new secret courts is to ensure that the defend­ant and, par­tic­u­larly in my view, their chosen law­yers can­not hear the alleg­a­tions if based on intel­li­gence of any kind. Yet even the spies them­selves agree that the only type of intel­li­gence that really needs to be kept secret involves ongo­ing oper­a­tions, agent names, and sens­it­ive oper­a­tion­al techniques.

 And as for the right to be tried by a jury of your peers — for­get it.  Of course jur­ies will have no place in such secret courts.  The only time we have seen such dra­coni­an judi­cial meas­ures in the UK out­side a time of offi­cial war was dur­ing the Troubles in North­ern Ire­land — the infam­ous Dip­lock Courts — begin­ning in the 1970s and which incred­ibly were still in use this year.

I am not an apo­lo­gist of ter­ror­ism although I can under­stand the social injustice that can lead to it.  How­ever, I’m also very aware that the threat can be arti­fi­cially ramped up and manip­u­lated to achieve pre­con­ceived polit­ic­al goals.

I would sug­gest that the concept of secret courts will prove fatally dan­ger­ous to our demo­cracy.  It may start with the concept of get­ting the Big Bad Ter­ror­ist, but in more polit­ic­ally unstable or strin­gent eco­nom­ic times this concept is wide open to mis­sion creep.

We are already see­ing a slide towards expand­ing the defin­i­tion of “ter­ror­ist” to include “domest­ic extrem­ists”, act­iv­ists, single issue cam­paign­ers et al, as I have writ­ten before. And just recently inform­a­tion was leaked about a new pub­lic-private EU ini­ti­at­ive, Clean IT, that pro­poses ever more invas­ive and dra­coni­an poli­cing powers to hunt down “ter­ror­ists” on the inter­net. This pro­pos­al fails to define ter­ror­ism, but does provide for endem­ic elec­tron­ic sur­veil­lance of the EU. Pure cor­por­at­ism.

Allow­ing secret courts to try people on the say-so of a shad­owy, unac­count­able and bur­geon­ing spy com­munity lands us straight back in the pages of his­tory: La Ter­reur of revolu­tion­ary France, the creepy sur­veil­lance of the Stasi, or the dis­ap­pear­ances and tor­ture of the Gestapo.

Have we learned nothing?

Interview for the Release newsletter, “TalkingDrugs”

An inter­view I did on behalf of LEAP this week for the news­let­ter of the UK cam­paign, Release.

Release, run by the indefatig­able Niamh East­wood, does excel­lent work provid­ing leg­al advice about drug issues, and cam­paign­ing for fairer and more com­pas­sion­ate drug laws.

The inter­view appeared in the cam­paign’s news­let­ter, “Talk­ing­Drugs”.

Here’s the link, and here’s the text:

Q1 What led you into think­ing that cur­rent drug policies on illi­cit drugs were failing?

My jour­ney began when I was work­ing as an intel­li­gence officer for MI5 in the 1990s.  One of my roles was invest­ig­at­ing ter­ror­ist logist­ics and work­ing closely with UK Cus­toms.  I learned then that try­ing to stop the flow of illi­cit mater­i­al into the UK (wheth­er drugs, weapons, or people) is like look­ing for a needle in the pro­ver­bi­al hay­stack.  Plus there is a huge over­lap between the fund­ing of organ­ised crime and ter­ror­ist groups.

Over the last dec­ade I have become a writer, com­ment­at­or and pub­lic speak­er on a vari­ety of inter-con­nec­ted issues around intel­li­gence, the war on ter­ror, whis­tleblowers, poli­cing, and civil liber­ties.  To me, the war on drugs meshes very closely with all these top­ics.  Three years ago I was approached by LEAP to become a speak­er, and then in March this year I became a mem­ber of the inter­na­tion­al board and also the Dir­ect­or of LEAP Europe in order to con­sol­id­ate the organ­isa­tion’s work here.

Q2 Do you think that there are bar­ri­ers to police officers being hon­est about the effect­ive­ness of their actions to com­bat the trade in illi­cit drugs and is the great­er dis­quiet amongst those involved in law enforce­ment about cur­rent policies than is pop­ularly perceived ?

Yes, abso­lutely, and it’s not just amongst the police but also the wider law enforce­ment community.

LEAP sup­port­ers, approach­ing 100,000 in over 90 coun­tries around the world, include judges, law­yers, pris­on gov­ernors, cus­toms and intel­li­gence officers, and former drug czars.  With­in all these pro­fes­sions there is a tacit under­stand­ing that you toe the con­ven­tion­al line.  In my exper­i­ence, most people go into this type of work hop­ing not only to have an inter­est­ing job, but also to do some good and make a dif­fer­ence.  Many then see the social fall-out, or that friends, fam­ily or com­munity are affected by the drug wars, and many serving offi­cials do ques­tion what it is all about and what it is really achieving.

How­ever, they are there to do a job, which is uphold­ing and apply­ing the law.  The cul­tur­al pres­sure with­in such groups can make it extremely dif­fi­cult on many levels for them to speak out.

Any change to the inter­na­tion­al and nation­al drug laws will have to come from the politi­cians with­in the UN and nation­ally.  LEAP increas­ingly con­trib­utes to the polit­ic­al debate and is build­ing a groundswell of sup­port inter­na­tion­ally.   Most people today will know someone who has at least tried a cur­rently illeg­al drug.  They also instinct­ively know this is mere social exper­i­ment­a­tion, relax­a­tion or, at worst, a health prob­lem.  And pen­al­isa­tion, impris­on­ment and a crim­in­al record exacer­bates rather than helps the situation.

Q3 Does the poli­cing of drug pos­ses­sion impact the effect­ive­ness of poli­cing gen­er­ally and what bene­fits do you think could stem from ceas­ing to use law enforce­ment to attempt to dis­cour­age drug use?

There are mul­tiple strands to this issue: the diver­sion of police resources, the addi­tion­al crime caused by pro­hib­i­tion that is not dealt with suc­cess­fully, the diver­sion of resources from harm reduc­tion pro­grammes, the crim­in­al­isa­tion of what are essen­tially health issues, and the dis­rep­ute that res­ults for law enforcement.

The poli­cing of drug pos­ses­sion takes away vast resources from invest­ig­at­ing oth­er crimes such as burg­lary, rape and murder.  Yet it is largely point­less – those with a drug depend­ency need health inter­ven­tions, and there will always be replace­ments for any low-level deal­ers who are arres­ted and imprisoned.  If you arrest and con­vict a rap­ist, he will not be on the streets com­mit­ting more rapes; but if you catch a drug deal­er, you just cre­ate a job vacancy for which many will com­pete in ever more viol­ent ways for a slice of an incred­ibly luc­rat­ive market.

The UK anti-pro­hib­i­tion advocacy group, Trans­form, estim­ates that even if just can­nabis were leg­al­ised in the UK, an addi­tion­al $1.6 bil­lion would flow into the Brit­ish eco­nomy every year.  While tax raised on a con­trolled and reg­u­lated can­nabis trade is pre­dicted to provide the bulk of this ($1.2 bil­lion), $170 mil­lion would be saved from law enforce­ment, $155 mil­lion from the justice sys­tem, and $135 mil­lion from the pris­on system.

In the cur­rent eco­nom­ic situ­ation, can the UK afford not to con­sider altern­at­ives to the cur­rent drug war?

Also, as we have seen since the decrim­in­al­is­tion laws in Por­tugal since 2001 and Switzer­land since 1994, the “peace dividend” by end­ing the war on drugs would not only see a drop in prop­erty crimes (about 50% of which are com­mit­ted to fund drug depend­en­cies), it could also be used to fin­ance and extend harm reduc­tion pro­grammes.  As we have seen in the case of tobacco across the West, we do not need to ban a sub­stance to reduce its use; edu­ca­tion and treat­ment are far more effective.

Finally, illeg­al drugs are avail­able to any­one who wants to buy them on the streets of the UK.  The increas­ing mil­it­ar­isa­tion of the police to fight the war on drugs, the break­down of civil liber­ties for the same reas­on (mir­ror­ing the war on ter­ror), and the wide­spread flag­rant flout­ing of the drug laws by large num­bers of the pop­u­la­tion, thereby “mak­ing an ass of the law”, has led to a break­down of trust and respect between the police and the policed. One of LEAP’s aims is to rebuild this trust, this social contract.

Q4 The impact on the safety of law enforce­ment per­son­nel of the ‘war on drugs’ should be an issue for oth­er mem­ber­ship organ­isa­tions rep­res­ent­ing the sec­tor, will you be reach­ing out to them to encour­age cam­paign­ing on the issue?

Safety is cer­tainly an issue, although we have been more for­tu­nate in Europe than our col­leagues in the USA, where the more pre­val­ent gun cul­ture leads to many more law enforce­ment deaths.  That said, gang viol­ence is on the rise across Europe where organ­ised crime gangs fight increas­ingly viol­ent turf battles.

Mex­ico has been one of the worst hit coun­tries in the world.  Since the ramp­ing up of the war on drugs  almost six years ago, over 62,000 men women and chil­dren have been tor­tured and murdered in that coun­try, and many of them had no involve­ment what­so­ever in the drugs trade.  In fact, LEAP USA has just suc­cess­fully par­ti­cip­ated in the Mex­ic­an Cara­van for Peace, a group of act­iv­ists and fam­il­ies high­light­ing the tragedy, that toured across the USA for a month to raise aware­ness and fin­ished with a rally in Wash­ing­ton last week.

The increas­ing viol­ence of the drugs trade and the mil­it­ar­isa­tion of the response should be of con­cern to all law enfor­cers, mem­ber­ship organ­isa­tions and allied groups work­ing in the drugs sec­tor.  We need to think urgently about how to avoid a sim­il­ar spir­al of viol­ence in Europe.   LEAP is happy to reach out to such organ­isa­tions to devel­op a more humane solution.

Q5 How would you like to see LEAP in Europe devel­op and will you be look­ing to lobby European policy makers in Brussels?

There are already LEAP speak­ers across most European coun­tries.  We in LEAP see the organ­isa­tion’s primary goal as edu­ca­tion­al.  We shall be work­ing to build up speak­ing engage­ments for a wide vari­ety of groups and audi­ences, includ­ing the polit­ic­al sec­tor, as well as strength­en­ing our media expos­ure.  We recog­nise the valu­able work Release and oth­er NGOs and advocacy groups are already doing across Europe, and hope that you will see that we offer a unique voice and pool of expert­ise that can be used to strengthen your work.

It is won­der­ful that so many organ­isa­tions and indeed gov­ern­ments around the world (par­tic­u­larly in Europe and Lat­in Amer­ica) are now focus­ing on explor­ing altern­at­ives such as decrim­in­al­is­tion and harm reduc­tion pro­grammes.  Based on our pro­fes­sion­al exper­i­ence, LEAP argues that we need, at very least, to con­sider the next logic­al step in the chain: con­trolled reg­u­la­tion of the drug mar­ket as we cur­rently do with alco­hol and tobacco.

Decrim­in­al­isa­tion may help to reduce the harm for the drug users, but leaves the drug trade in the hands of increas­ingly viol­ent glob­al organ­ised crime net­works.  Only by remov­ing the profit motive from this illi­cit trade can we end the involve­ment of the crim­in­al ele­ment and all the attend­ant viol­ence, and work to make the world safer for all.

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.

The Olympics — Welcome to the Machine

Pub­lished in The Huff­ing­ton Post UK, 27 July 2012

OK, I was really so not plan­ning on ever writ­ing any­thing, what­so­ever, at any point while I con­tin­ue to breathe, about the Lon­don Olympics.  First of all I have abso­lutely zero interest in the cir­cus that is mod­ern com­pet­it­ive sport (pan­em et cir­censes), and secondly what more could I pos­sibly add to the scan­dals around the secur­ity?  All the inform­a­tion is out there if people choose to join the dots.

But syn­chron­icity plays its part.  Firstly, this morn­ing I read this excel­lent art­icle by former UK ambas­sad­or-turned-whis­tleblower, Craig Mur­ray, about how the UK is now under mar­tial law in the run-up to the Olympics.  Shortly after­wards I did an inter­view with the women’s glossy magazine, Grazia, about the secur­ity set-up around the games. I know, I know, some­times the heav­ens align in a once-in-a-cen­tury configuration.…..

So on the back of this for­tu­it­ous align­ment and while my angry-o-meter is still spiked at the “dan­ger­ous” level, I wanted to set some thoughts down.

Craig is cor­rect — because of the Olympic Games, Lon­don has gone into full mar­tial law lock-down.  Nev­er before in peace-time has the cap­it­al city of the formerly Great Bri­tain seen such a mil­it­ary “defens­ive” pres­ence: mis­sile launch­ers on loc­al tower blocks primed to blow stray­ing com­mer­cial air­liners out of the skies over Lon­don, regard­less of “col­lat­er­al dam­age”; anti-air­craft bunkers dug in on Green­wich com­mon; and nav­al des­troy­ers moored on the Thames.

Plus, absent the prom­ised G4S pub­licly-fun­ded work-exper­i­ence slaves — sorry, secur­ity staff —  the mil­it­ary has been draf­ted in.  Sol­diers just home from patrolling the streets in Afgh­anistan in daily fear of their lives have had all leave can­celled.  Instead of the much-needed R & R, they shall be patrolling the Olympic crowds.  Does any­one else see a poten­tial prob­lem here?

And all this fol­lows a dec­ade of erosion of basic freedoms and civil liber­ties — all stripped away in the name of pro­tect­ing the UK from the ever-grow­ing but neb­u­lous ter­ror­ist threat.

But I would take it a step fur­ther than Craig Mur­ray — this is not just mar­tial law, this is fas­cist mar­tial law.

(And being con­scious of any poten­tial copy­right thought-crimes, I hereby give all due cred­it to a very fam­ous UK TV advert cam­paign which appears to use the same cadence.)

Why do I say this is one step beyond?

The Itali­an World War II dic­tat­or, Benito Mus­solini, is fam­ously cred­ited with defin­ing fas­cism thus: “the mer­ger of the cor­por­ate and the state”.

And this is pre­cisely what we are see­ing on the streets of Lon­don.  Not only are Lon­don­ers sub­jec­ted to an over­whelm­ing mil­it­ary and police pres­ence, the cor­por­ate com­mis­sars are also stalk­ing the streets.

When Seb Coe and Tony Blair tri­umphantly announced that Lon­don had won the Olympics on 6th July 2005, one of their man­tras was how Lon­don and the UK would bene­fit from the pres­ence of the games.  They painted a rosy pic­ture of loc­al busi­nesses boom­ing on the back of the influx of tourists.

But the cold real­ity of today’s Olympics is grey­er.  Com­muters are being advised to work from home rather than use the over­loaded trans­port net­works; the civil ser­vice is effect­ively shut­ting down; and Zil lanes for the “great and the good” of the Olympics uni­verse are chok­ing already con­ges­ted Lon­don streets.

Even worse, busi­nesses across the UK, but par­tic­u­larly the loc­al ones in the eco­nom­ic­ally deprived environs of the Olympic Park in East Lon­don, are cat­egor­ic­ally NOT allowed to bene­fit from the games.  Under the terms of the con­tracts drawn up by the cor­por­ate mega-spon­sors, Lon­don small busi­nesses are not allowed to cap­it­al­ize in any con­ceiv­able, pos­sible, min­is­cule way on the pres­ence of the games in their own city.

And these terms and con­di­tions are enshrined in the Olympics Act 2006; any infrac­tion of the rules car­ries a crim­in­al pen­alty.  For more than a week, cor­por­ate police enfor­cers have been patrolling Lon­don look­ing for infrac­tions of the Olympic trade­mark.  And this goes way bey­ond “Olympics R US” or some such.  As Nick Cohen wrote in an excel­lent recent art­icle in The Spec­tat­or magazine:

In the Lon­don Olympic Games and Para­lympic Games Act of 2006, the gov­ern­ment gran­ted the organ­isers remark­able con­ces­sions. Most glar­ingly, its Act is bespoke legis­la­tion that breaks the prin­ciple of equal­ity before the law. Bri­tain has not offered all busi­nesses and organ­isa­tions more powers to pun­ish rivals who seek to trade on their repu­ta­tion. It has giv­en priv­ileges to the ­Olympics alone. The gov­ern­ment has told the courts they may wish to take par­tic­u­lar account of any­one using two or more words from what it calls ‘List A’ — ‘Games’; ‘Two Thou­sand and Twelve’; ‘2012’; ‘twenty twelve’. The judges must also come down hard on a busi­ness or char­ity that takes a word from List A and con­joins it with one or more words from ‘List B’ — ‘Gold’; ‘Sil­ver’; ‘Bronze’; ‘Lon­don’; ‘medals’; ‘spon­sors’; ‘sum­mer’. Com­mon nouns are now private property.”

I heard recently that a well-estab­lished loc­al café in Strat­ford, East Lon­don, that has for years been known as the Olympic Café, has been ordered to paint over its sign for the dur­a­tion of the games. If I owned the café, I would be temp­ted to sue the Olympic Com­mit­tee for breach of trademark.

It seems to me that this real-world trade­mark pro­tec­tion­ism is an exten­sion of the ongo­ing copy­right wars in cyber­space — a blatant attempt to use state level power and legis­la­tion to pro­tect the interests of the wealthy inter­na­tion­al mega-corps few.  We saw early attempts at this dur­ing the South Afric­an Foot­ball World Cup in 2010, and the Van­couver Winter Olympics the same year.

But the Lon­don Olympics take it to the next level: there is a long list of what you are not allowed to take into the sta­dia.  Spec­tat­ors will be sub­jec­ted to air­port-style secur­ity theatre.  This will ensure that no liquids of more than 100ml can be car­ried, although empty bottles will be allowed if people want to fill them up with tap water on site.  This, of course, means that more spec­tat­ors will be buy­ing their spon­sor-approved liquids in situ and at no-doubt over-inflated prices, to the bene­fit of one of the key Olympic sponsors.

The Lon­don games seem to be the first time that the glob­al cor­por­ate com­munity is demon­strat­ing its full spec­trum dom­in­ance — where the leg­al, police, and mil­it­ary resources of the state are put at the dis­pos­al of the giant, bloated, money-suck­ing leech that is the Inter­na­tion­al Olympic Committee.

Every city that has hos­ted the Olympics over the last four dec­ades has been fin­an­cially bled white; many are still pay­ing back the ini­tial invest­ment in the infra­struc­ture, even if it is now decay­ing and use­less. Greece, any­body?

But do the IOC or its region­al pimps care?  Hell, no. Like all good para­sites, once the ori­gin­al host has been drained dry, the Games move on to a new food source every four years.

What really, deeply puzzles me is why the hell are the people of Lon­don not out there protest­ing against this cor­por­at­ist putsch?  Per­haps they fear being shot?

How can it be a crime to take a full bottle of water into a sta­di­um when you want to watch a sport? How can it be a crime to tweet a pic­ture?  How can it be crim­in­al to cel­eb­rate the occa­sion in your loc­al pub with Olympic flags draped around your bar, drink­ing a beer and eat­ing a bur­ger mar­keted cheesily as “fit for cham­pi­ons” or some such?

The ori­gin­al ideals behind the recon­sti­t­u­tion of the mod­ern Olympics in 1896 were a highly roman­ti­cised and dis­tor­ted vis­ion of the val­ues of the ancient games.  But even that naïve ideal has been lost in the crapu­lous cor­por­at­ism that is the mod­ern event.

We have even gone way bey­ond the Roman view of bread and cir­cuses pla­cat­ing the masses.  Now we are into the hard­core real­politik of inter­na­tion­al cor­por­a­tions and nation­al gov­ern­ments using the games as a per­fect pre­text to tight­en the “secur­ity” screws even more.

And so the UK is proud to present full-blown Cor­por­ate Fas­cism Ver­sion 2.0.

Vae vic­tis.

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.

21st Century Pacificism (The Old Stuff)

The_ScreamI have always been ideo­lo­gic­ally opposed to war and all the hor­rors that flow in its wake: agon­ising fear and death, fam­ine, dis­place­ment, maim­ing, tor­ture, rape, intern­ment and the break­down of all the hard-won val­ues of civ­il­ised human law and behaviour.

Look­ing back, I think that was partly why I was attrac­ted to work in dip­lomacy and how I ended up being enticed into intel­li­gence. These worlds, although by no means per­fect, could con­ceiv­ably be seen as the last-ditch defences before a coun­try goes bel­low­ing into all-out war.

I marched against the Iraq war, toured the UK to speak at Stop the War meet­ings, worked with Make Wars His­tory, and have cease­lessly spoken out and writ­ten about these and related issues.

Alastair_Campbell_1Today in the UK we have reached a con­sensus that Blair’s gov­ern­ment lied to the coun­try into the Iraq war on the false premise of weapons of mass destruc­tion, and sub­sequently enabled the Bush admin­is­tra­tion to do the same in the USA, hyp­ing up the threat of a nuc­le­ar Iraq using false intel­li­gence provided by MI6.

Mil­lions of people marched then, and mil­lions of people con­tin­ue to protest against the ongo­ing engorge­ment of the military/intelligence com­plex, but noth­ing ever seems to change.  It’s demo­crat­ic­ally dis­em­power­ing and an ener­vat­ing exper­i­ence.  What can we do about it?

I have a couple of sug­ges­tions (The New Stuff), but first let’s look at some of the most egre­gious cur­rent fake realities.

David_CameronLast year we had the spec­tacle of the cur­rent No 10 incum­bent, Dave Camer­on, stat­ing that the Liby­an inter­ven­tion would be noth­ing like Iraq — it would be “neces­sary, leg­al and right”. But there was no sub­sequent joined-up think­ing, and Blair and his cronies have still not been held to account for the Iraq gen­o­cide, des­pite prima facie breaches of inter­na­tion­al war law and of the Offi­cial Secrets Act.…

Abdelhakim-BelhajBut help might be at hand for those inter­ested in justice, cour­tesy of Abdel Hakim Bel­haj, former Liby­an Islam­ic Fight­ing Group lead­er, MI6 kid­nap­ping and tor­ture vic­tim, and cur­rent mil­it­ary com­mand­er in Tripoli.

After NATO’s human­it­ari­an bomb­ing of Libya last year and the fall of Gad­dafi’s régime, some ser­i­ously embar­rass­ing paper­work was found in the aban­doned office of Liby­an For­eign Min­is­ter and former spy head honcho, Musa Kusa (who fled to the UK and sub­sequently on to Qatar).

These let­ters, sent in 2004 by former MI6 Head of Ter­ror­ism and cur­rent BP con­sult­ant, Sir Mark Allen, gloat­ingly offer up the hap­less Bel­haj to the Liby­ans for tor­ture.  It almost seems like MI6 wanted a gold star from their new best­est friends.

Bel­haj, under­stand­ably, is still slightly peeved about this and is now suing MI6. As a res­ult, a frantic dam­age-lim­it­a­tion exer­cise is going on, with MI6 try­ing to buy his silence with a mil­lion quid, and scat­ter­ing unat­trib­uted quotes across the Brit­ish media: “it was­n’t us, gov, it was the, er, government.…”.

Which drops either (or both) Tony Blair and Jack Straw eye­brow-deep in the stink­ing cesspit. One or oth­er of them should have signed off on Bel­haj’s kid­nap­ping, know­ing he would be tor­tured in Tripoli. Or per­haps they actu­ally are inno­cent of this.…. but if they did­n’t sign off on the Bel­haj extraordin­ary kid­nap­ping, then MI6 was run­ning rampant, work­ing out­side the law on their watch.

Either way, there are ser­i­ous ques­tions to be answered.

Jack_StrawBoth these upstand­ing politi­cians are, of course, suf­fer­ing from polit­ic­al amne­sia about this case. In fact, Jack Straw, the For­eign Sec­ret­ary at the time of the kid­nap­ping, has said that he can­not have been expec­ted to know everything the spies got up to — even though that was pre­cisely his job, as he was respons­ible for them under the terms of the Intel­li­gence Secur­ity Act 1994, and should cer­tainly have had to clear an oper­a­tion so polit­ic­ally sensitive.

In the wake of Afgh­anistan, Iraq and Libya, what wor­ries me now is that exactly the same reas­ons, with politi­cians mouth­ing exactly the same plat­it­ud­in­ous “truths”, are being pushed to jus­ti­fy an increas­ingly inev­it­able strike against Iran.

Depress­ing as this all is, I would sug­gest that protest­ing each new, indi­vidu­al war is not the neces­sar­ily the most effect­ive response.  Just as the world’s mar­kets have been glob­al­ised, so mani­festly to the bene­fit of all we 99%-ers, have many oth­er issues.

Unlike Dave Camer­on, we need to apply some joined-up think­ing.  Glob­al protest groups need to counter more than indi­vidu­al wars in Iraq, Afgh­anistan, Pakistan, Somalia, Libya, Sudan (North and South), Syr­ia, Iran.….. sorry, I’m get­ting writer­’s cramp just enu­mer­at­ing all the cur­rent wars.

Give me a while to over­come my mor­al spasm, and I shall return with a few sug­ges­tions about pos­sible ways for­ward — 21st Cen­tury Paci­fism; the New Stuff.

Iran_and_US_bases

A new threat to media freedoms

Writers of the world, beware.  A new threat to our free­dom of speech is loom­ing and, for once, I am not inveigh­ing against the Offi­cial Secrets Act. 

Over recent years the UK has rightly earned a pun­gent repu­ta­tion as the libel cap­it­al of the world. And now it appears that this won­der­ful prac­tice is going “off­shore”.

How did this whole mess begin?  It turned out that someone in the Middle East could take excep­tion to a book writ­ten and pub­lished about them in the USA.   US law, some­what sur­pris­ingly con­sid­er­ing its cur­rent par­lous state, provided no route to sue.   How­ever, some bright leg­al spark decided that the UK courts could be used for redress, provided the offend­ing book had been sold in the UK — even if only a hand­ful of second-hand books had been sold over Amazon​.co​.uk — and Mr Justice Eady helped the pro­cess along magnificently. 

And so was born the concept of “libel tour­ism”.  Satir­ic­al cur­rent affairs magazine Private Eye has long been cam­paign­ing against this, oth­er UK news out­lets gradu­ally fol­lowed suit, and the UK gov­ern­ment is finally tak­ing steps to rein in these egre­gious, if luc­rat­ive, leg­al practices. 

3_wise_monkeysBut, hey, that’s pre­cisely when your off­shore crown depend­en­cies, oth­er­wise known as Brit­ish tax havens, come into their own.  The UK has for years turned a blind eye to the dubi­ous fin­an­cial prac­tices of these islands, the most geo­graph­ic­ally con­veni­ent being the Chan­nel Islands and the Isle of Man, where the atti­tude to self-reg­u­la­tion makes the prac­tices of the Square Mile look pos­it­ively Vestal.

Now it appears that Guern­sey is look­ing to become a hub of anoth­er luc­rat­ive off­shore prac­tice: libel tourism. 

Guern­sey has its own par­lia­ment — the States —  and can make its own laws.  So as the libel door closes on the UK main­land, a firm of off­shore tax law­yers has iden­ti­fied a won­der­ful busi­ness opportunity. 

Jason Romer is the man­aging part­ner and intel­lec­tu­al prop­erty spe­cial­ist at the large “wealth man­age­ment” leg­al firm Col­las Cri­ll.  Accord­ing to his firm­’s web­site, he also, coin­cid­ent­ally, sits on the island’s Com­mer­cial IP Steer­ing Group and the Draft­ing Sub-Com­mit­tee, and is thus con­veni­ently on hand to steer the new legis­la­tion through the States.

Hogarth_judgeAlso coin­cid­ent­ally, he appears to be an enthu­si­ast­ic advoc­ate of Eady’s infam­ous “super-injunc­tion” régime which has had such a chillingly expens­ive effect on the Brit­ish media in the last decade.

So, if this law is passed, any­one, any­where around the world will be able (if they can afford it) to register their “image rights” in Guern­sey.  These rights can even last indef­in­itely after the ori­gin­al own­er­’s death.

This means that any­one, any­where, who feels that their “image” has been inap­pro­pri­ately reproduced/copied/pirated — the cor­rect leg­al ter­min­o­logy is hazy —  can then sue through the Guern­sey courts for redress.  This could poten­tially be a power­ful new glob­al tool for the sup­pres­sion of free speech.  As pub­lic out­cry swells inter­na­tion­ally against the US IP laws, SOPA and PIPA, and across Europe against the utterly undemo­crat­ic ACTA, this new law is a giant leap pre­cisely in the wrong direction. 

Guern­sey, my island of birth, has changed out of all recog­ni­tion over the last thirty years.  Ever since the 1980s infest­a­tion of off­shore bankers and trust fund law­yers, it has been tar­mac-ed over by greed and social divi­sion. Before then it was proud of its egal­it­ari­an­ism, Nor­man-French her­it­age, beau­ti­fully ana­chron­ist­ic pace of life, and an eco­nomy based on toma­toes and tourism.

Now, if this law is passed, it will be known for its eco­nomy based on rot­ten fin­an­cial apples and off­shore libel tourism.

I just wanted to get that out of my sys­tem now — while I can still freely express my thoughts and before the island can sue me for dam­aging its “image rights”.… 

DoubleThink Disorder — a new pathology

An update is appar­ently due of the 1994 edi­tion of the “Dia­gnost­ic and Stat­ist­ic­al Manu­al of Men­tal Dis­orders”, the psy­chi­at­rists’ bible that allows them to tick-box their patients into a dis­order, and then, no doubt, pre­scribe Big Pharma industry drugs or an expens­ive form of ther­apy.  Any­one who has ever watched Adam Curtis’s excel­lent “Cen­tury of Self” will be aware of the patho­lo­gising of soci­ety to the bene­fit of the psy­chi­at­ric pro­fes­sions and far beyond.

I am not mak­ing light of ser­i­ous men­tal ill­nesses requir­ing spe­cial­ised and long term treat­ment such as bipolar, schizo­phrenia or chron­ic depres­sion.  These are crip­pling and soul-des­troy­ing con­di­tions and many fam­il­ies, includ­ing my own, have been touched by them.

RitalinBut I am con­cerned by the appalling Pharma-creep that has been going on over the last few dec­ades where, for example, increas­ing num­bers of chil­dren are labeled with ADHD and ladled full of Rital­in (which can also lead to a thriv­ing black mar­ket in the onward sale of said drug). And we are appar­ently about to see ever more divar­ic­at­ing dis­orders added to the shrinks’ bible. 

Kevin_and_PerryAs this recent art­icle in The Inde­pend­ent states, stroppy teens will now have “oppos­i­tion­al defi­ance dis­order”, and adults who think of sex more than every 20 minutes are suf­fer­ing from “hyper­sexu­al dis­order”. (How on earth will this be dia­gnosed — will poten­tial suf­fer­ers have to keep a thought crime diary as they go about their daily lives? Man­age­ment meet­ings could be so much more divert­ing as people break off to write an update every so often — although they might have to pre­tend they’re play­ing buzzword bingo.)   And those suf­fer­ing from shy­ness or loneli­ness will suf­fer from “dys­thy­mia”.  Well, as a clas­si­cist, I’m glad to see that ancient Greek still has a role to play in today’s lexicon.

I know that such beha­vi­our­al traits can be debil­it­at­ing, but to patho­lo­gise them seems rather extreme — enough to give a per­son a complex.….

Ivory_tower2On anoth­er some­what facetious note I was intrigued to see this doing the inter­net rounds recently.  It appeared to sug­gest that hav­ing a robust dis­trust of your gov­ern­ment was also about to be patho­lo­gised as Anti-Gov­ern­ment Pho­bia, which I pre­sume would mean that vast swathes of the world’s pop­u­la­tion were men­tally ill.  How­ever, I think the clue to the legit­im­acy of the piece was in the name of the sup­posed author: Ivor E. Tower MD.….

How­ever, back to the point of this art­icle. This was the para­graph in the Indie report that really got my goat:

More wor­ry­ing, accord­ing to some experts, are attempts to redefine crimes as ill­nesses, such as “para­ph­il­ic coer­cive dis­order”, applied to men engaged in sexu­al rela­tion­ships involving the use of force. They are more com­monly known as rapists.”

So it appears that crime will now be explained away as a disorder. 

LEAP_logoBut, but, but.… the key point LEAP­ing out at me, if you’ll for­give the clumsy link, is that this seems to be in dir­ect, sharp con­trast to how we deal with an immense and ongo­ing prob­lem in the world today: namely the 50 year old failed “war on drugs”.  In this phoney war mil­lions of people across the world have been, and against all expert advice, con­tin­ue to be treated as crim­in­als rather than as patients.

Rather than rehash (sorry) all the well-known art­icles about why this war is such a fail­ure on every con­ceiv­able front, let me just make three key points: pro­hib­i­tion will always fail (as this clas­sic “Yes Min­is­ter” scene depicts), and the reg­u­la­tion and tax­a­tion of recre­ation­al drugs (in the same way as alco­hol and tobacco) would be good for soci­ety and for the eco­nomy; it would decap­it­ate organ­ised crime and, in some cases, the fund­ing of ter­ror­ism; and, most per­tin­ently for the pur­poses of this art­icle, it would make the use and pos­sible abuse of recre­ation­al drugs a health issue rather than a crim­in­al matter.

Many people at some point in their lives exper­i­ment with drugs such as dope, E, coke, or whatever and have fun doing so, just as many like to have a drink to unwind after work.  A small per­cent­age will go on to devel­op med­ic­al problems. 

That is the crux of the argu­ment here. Excess­ive abuse of drugs, both licit and illi­cit, is mani­festly a health issue and yet some people are crim­in­al­ised.  Com­pare and con­trast the pro­posed new shrinks’ bible, where what were formerly deemed to be crimes will now be seen as med­ic­al disorders.

Tony_BlairI would call this rank hypo­crisy, but per­haps the shrinks can come up with a more high-brow name?  I pro­pose Soci­et­al Double­Think Disorder. 

The Bankers’ Bonus being that it would con­veni­ently (psycho)pathologise all our “peace-speak­ing” war-mon­ger­ing politi­cians, “free mar­ket” mono­pol­ist­ic big busi­nesses, and “pub­licly owned but private profit” banks.

Praise the Gov­ern­ment and pass the Ritalin.…

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.

The Big Dig Journalism Conference, Copenhagen

I recently did the open­ing key­note at the Big Dig invest­ig­at­ive journ­al­ism con­fer­ence in Copen­ha­gen.  Thanks to the organ­isers for a won­der­ful weekend!

Journalists need to wise up to secrecy laws

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I had a fant­ast­ic time at the Glob­al Invest­ig­at­ive Journ­al­ism Con­fer­ence in Kiev last week­end.  A huge  well done to the organ­isers for a great four days, and I loved hav­ing the chance to meet so many inter­est­ing and inter­ested people from across the world!

I was invited to give the open­ing key­note speech (video to fol­low), where I dis­cussed some of my exper­i­ences from the MI5 whis­tleblow­ing years, but then went on to apply the harsh les­sons learned to the cur­rent situ­ation vis a vis the issue of spy influ­ence on the media today and the thorny issue of whis­tleblow­ing and the pro­tec­tion of sources.

Part of my talk focused on the con­trol of the media by the spies in Bri­tain.  As I have writ­ten before, this is very much a “car­rot and stick” scen­ario: the soft aspect, of course, being cosy chats with selec­ted journ­al­ists, well-timed career-enhan­cing scoops, as well as an increas­ingly unhealthy journ­al­ist­ic depend­ence on brief­ings com­ing out of the intel­li­gence world and government.

The stick aspect includes the bat­tery of harsh laws that can be called upon to sup­press free report­ing in the UK, which some­times leads to self-cen­sor­ship by the media.  These laws include:

Beginning_of_trialHow do I know all this?  Well, as you can see from many of the links in the above list, I’ve lived through much of this and have fol­lowed with great interest sim­il­ar and related cases over the years.  More inform­a­tion about these issues can be found in this excel­lent report pro­duced by Art­icle 19 and Liberty over a dec­ade ago.  The situ­ation has not improved.

While in Kiev I atten­ded an excel­lent ses­sion where two Rus­si­an journ­al­ists dis­cussed the rami­fic­a­tions of report­ing on the mod­ern incarn­a­tion of the Rus­si­an intel­li­gence agency, the FSB.

I was some­what startled to hear that even in Rus­sia journ­al­ists have more leg­al pro­tec­tion than those in the UK — ie they face no crim­in­al leg­al sanc­tion if they report whis­tleblower mater­i­al from the Rus­si­an spy agen­cies.  In the UK journ­al­ists poten­tially face 2 years in pris­on for doing so, under the invi­di­ous Sec­tion 5 of the 1989 OSA.

Way to go, Brit­ish democracy.

Global Investigative Journalism Conference, Kiev

Off to do a key­note at the Glob­al Invest­ig­at­ive Journ­al­ism Con­fer­ence in Kiev.   Should be inter­est­ing — watch this space.

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