BBC “World Have Your Say” debate

A recent inter­view on BBC World Ser­vice radio, on “World Have Your Say”.  An inter­est­ing debate with some oth­er former intel­li­gence types:

BBC World Ser­vice “World Have Your Say” inter­view from Annie Machon on Vimeo.

Edward Snowden Website

Just a short post to announce the new Edward Snowden web­site.  Away from all the spin and media hys­teria, here are the basic facts about the inform­a­tion dis­closed and the issues at stake.

Snowden_website
And here’s anoth­er aide mem­oire of the dis­clos­ures so far. The impact of these dis­clos­ures is glob­al. Edward Snowden is simply the most sig­ni­fic­ant whis­tleblower in mod­ern history.

RT interview about new EU data protection measures

Here is a quick inter­view I did about the EU’s new data pro­tec­tion meas­ures, laws that will have to be imple­men­ted in the wake of Edward Snowden’s dis­clos­ures about endem­ic NSA surveillance:

This is an excel­lent example of how whis­tleblowers con­tin­ue to make a pos­it­ive con­tri­bu­tion to society.

The Empire Strikes Back

First pub­lished by RT Op-Edge.

Andrew Park­er, the Dir­ect­or Gen­er­al of the UK’s domest­ic secur­ity Ser­vice (MI5) yes­ter­day made both his first pub­lic speech and a super­fi­cially robust defence of the work of the intel­li­gence agen­cies. Read­ing from the out­side, it sounds all pat­ri­ot­ic and noble.

Darth_VaderAnd who is to say that Park­er does not believe this after 30 years on the inside and the MI5 group­think men­tal­ity being what it is? Let’s give him the bene­fit of the doubt. How­ever, I have two prob­lems with his speech, on both a micro and a macro scale.

Let’s start with the micro — ie the dev­il in the detail — what is said and, cru­cially, what is left unsaid. First up: over­sight, which the spook apo­lo­gists have dwelt on at great length over the last few months.

I wrote about this last week, but here’s some of that dev­il­ish detail. Park­er cor­rectly explains what the mech­an­isms are for over­sight with­in MI5: the Home Office war­rants for oth­er­wise illeg­al activ­it­ies such as bug­ging; the over­sight com­mis­sion­ers; the Com­plaints Tribunal; the Intel­li­gence and Secur­ity Com­mit­tee in Par­lia­ment. This all sounds pretty reas­on­able for a demo­cracy, right?

Of course, what he neg­lects to men­tion is how these sys­tems can be gamed by the spies.

The applic­a­tion for war­rants is a tick-box exer­cise where basic leg­al require­ments can be by-passed, the author­ising min­is­ter only ever sees a sum­mary of a sum­mary.… ad infin­itum.… for sig­na­ture, and nev­er declines a request in case some­thing lit­er­ally blows up fur­ther down the line.

Sure, there are inde­pend­ent com­mis­sion­ers who over­see MI5 and its sur­veil­lance work every year and write a report. But as I have writ­ten before, they are giv­en the roy­al treat­ment dur­ing their annu­al vis­it to Thames House, and officers with con­cerns about the abuse of the war­rantry sys­tem are barred from meet­ing them. Plus, even these ano­dyne reports can high­light an alarm­ing num­ber of “admin­is­trat­ive errors” made by the spies, no doubt entirely without malice.

The com­plaints tribunal — the body to which we can make a com­plaint if we feel we have been unne­ces­sar­ily spied on, has always found in favour of the spies.

And finally, the pièce de résist­ance, so to speak: the Intel­li­gence and Secur­ity Com­mit­tee in par­lia­ment. How many times do I have to write this? Top cops and Park­er­’s spy pre­de­cessors have admit­ted to lying suc­cess­fully to the ISC for many years. This is not mean­ing­ful over­sight, nor is the fact that the evid­ence of earli­er major intel­li­gence whis­tleblowers was ignored by the ISC, except for the part where they might be under invest­ig­a­tion by MI5 themselves.…

Of course, the cur­rent Chair of the ISC, Sir Mal­com Rif­kind, has entered the lists this sum­mer to say that the ISC has just acquired new powers and can now go into the spies’ lairs, demand to see papers, and over­see oper­a­tion­al activ­it­ies. This is indeed good, if belated, news, but from a man who has already cleared GCHQ’s endem­ic data-min­ing as law­ful, one has to won­der how thor­ough he will be.

While the com­mit­tee remains chosen by the PM, answer­able only to the PM, who can also vet the find­ings, this com­mit­tee is irre­deem­ably undemo­crat­ic. It will remain full of cred­u­lous yes-men only too happy to sup­port the status quo.

Secondly, what are the threats that Park­er talks about? He has worked for MI5 for 30 years and will there­fore remem­ber not only the Cold War era, where Soviet spies were hunted down, but also the very real and per­vas­ive threat of IRA bombs reg­u­larly explod­ing on UK streets. At the same time hun­dreds of thou­sands of polit­ic­ally act­ive UK cit­izens were aggress­ively invest­ig­ated. A (cold) war and the threat of ter­ror­ism allowed the spies a drag-net of sur­veil­lance even then.

V_for_Vendetta_masksHow much worse now, in this hyper-con­nec­ted, data-min­ing era? One chilling phrase that leapt out at me from Park­er­’s speech was the need to invest­ig­ate “ter­ror­ists and oth­ers threat­en­ing nation­al secur­ity”. Nation­al secur­ity has nev­er been leg­ally defined for the pur­poses of UK law, and we see the goal posts move again and again. In the 1980s, when Park­er joined MI5, it was the “reds under the bed”, the so-called sub­vers­ives. Now it can be the Occupy group encamped in the City of Lon­don or envir­on­ment­al act­iv­ists wav­ing plac­ards.

So now for my macro con­cerns, which are about wider con­cepts. Park­er used his first pub­lic speech to defend not only the work of his own organ­isa­tion, but also to attack the whis­tleblow­ing efforts of Edward Snowden and the cov­er­age in The Guard­i­an news­pa­per. He attempts to seam­lessly elide the work and the over­sight mod­els of MI5 and GCHQ.  And who is fall­ing for this?  Well, much of the UK media appar­ently.

This mud­dies the waters. The con­cerns about Snowden’s dis­clos­ures are glob­al — the TEMPORA pro­ject affects not only the cit­izens of the UK but people across Europe and bey­ond. For Rif­kind or the For­eign Sec­ret­ary to com­pla­cently say that GCHQ is over­seen by them and everything is hun­key-dorey is just not good enough, even for the hap­less cit­izens of the UK. How much more so for those unrep­res­en­ted people across the world?

The IOCA (1985) and later and much-abused RIPA (2000) laws were writ­ten before the UK gov­ern­ment could have con­ceived of the sheer scale of the inter­net. They are way out of date — 20th cen­tury rolling omni­bus war­rants hoover­ing up every scrap of data and being stored for unknown times in case you might com­mit a (thought?) crime in the future. This is noth­ing like mean­ing­ful oversight.

Unlike the UK, even the USA is cur­rently hav­ing con­gres­sion­al hear­ings and media debates about the lim­its of the elec­tron­ic sur­veil­lance pro­gramme. Con­sid­er­ing Amer­ica’s mus­cu­lar response after 9/11, with illeg­al inva­sions, drone strikes, CIA kill lists and extraordin­ary kid­nap­pings (to this day), that casts the UK spy com­pla­cency in a par­tic­u­larly unflat­ter­ing light.

Plus if 58,000 GCHQ doc­u­ments have really been copied by a young NSA con­tract­or, why are Park­er and Rif­kind not ask­ing dif­fi­cult ques­tions of the Amer­ic­an admin­is­tra­tion, rather than con­tinu­ing to jus­ti­fy the anti­quated Brit­ish over­sight system?

Finally, Park­er is show­ing his age as well as his pro­fes­sion when he talks about the inter­webs and all the implic­a­tions.  As I said dur­ing my state­ment to the LIBE com­mit­tee in the European Parliament:

  • Without free media, where we can all read, write, listen and dis­cuss ideas freely and in pri­vacy, we are all liv­ing in an Orwellian dysto­pia, and we are all poten­tially at risk. These media must be based on tech­no­lo­gies that empower indi­vidual cit­izens, not cor­por­a­tions or for­eign gov­ern­ments. The Free Soft­ware Found­a­tion has been mak­ing these recom­mend­a­tions for over two decades.
  • The cent­ral soci­etal func­tion of pri­vacy is to cre­ate the space for cit­izens to res­ist the viol­a­tion of their rights by gov­ern­ments and cor­por­a­tions. Pri­vacy is the last line of defense his­tor­ic­ally against the most poten­tially dan­ger­ous organ­isa­tion that exists: the nation state. There­fore there is no ‘bal­ance between pri­vacy and secur­ity’ and this false dicho­tomy should not be part of any policy debate.

US/UK spy chiefs cover up NSA surveillance scandal

First pub­lished on RT Op-Edge. Also on Inform­a­tion Clear­ing House and The Huff­ing­ton Post.

The dis­par­ity in response to Edward Snowden’s dis­clos­ures with­in the USA and the UK is aston­ish­ing.  In the face of right­eous pub­lic wrath, the US admin­is­tra­tion is con­tort­ing itself to ensure that it does not lose its treas­ured data-min­ing cap­ab­il­it­ies: con­gres­sion­al hear­ings are held, the media is on the warpath, and seni­or securo­crats are being forced to admit that they have lied about the effic­acy of endem­ic sur­veil­lance in pre­vent­ing ter­ror­ism.

Just this week Gen­er­al Alex­an­der, the head of the NSA with a long track record of mis­lead­ing lying to gov­ern­ment, was forced to admit that the endem­ic sur­veil­lance pro­grammes have only helped to foil a couple of ter­ror­ist plots. This is a big dif­fer­ence from the pre­vi­ous num­ber of 54 that he was tout­ing around.

Cue calls for the sur­veil­lance to be reined in, at least against Amer­ic­ans. In future such sur­veil­lance should be restric­ted to tar­geted indi­vidu­als who are being act­ively invest­ig­ated.  Which is all well and good, but would still leave the rest of the glob­al pop­u­la­tion liv­ing their lives under the bale­ful stare of the US pan­op­ticon. And if the cap­ab­il­ity con­tin­ues to exist to watch the rest of the world, how can Amer­ic­ans be sure that the NSA et al won’t stealth­ily go back to watch­ing them once the scan­dal has died down — or just ask their best bud­dies in GCHQ to do their dirty work for them?

I’m sure that the UK’s GCHQ will be happy to step into the breach. It is already par­tially fun­ded by the NSA, to the tune of $100 mil­lion over the last few years; it has a long his­tory of cir­cum­vent­ing US con­sti­tu­tion­al rights to spy on US cit­izens (as for­eign­ers), and then simply passing on this inform­a­tion to the grate­ful NSA, as we know from the old Ech­el­on scan­dal; and it has far more leg­al lee­way under Brit­ish over­sight laws. In fact, this is pos­it­ively seen to be a selling point to the Amer­ic­ans from what we have seen in the Snowden disclosures.

GCHQ is abso­lutely cor­rect in this assess­ment — the three primary UK intel­li­gence agen­cies are the least account­able and most leg­ally pro­tec­ted in any west­ern demo­cracy. Not only are they exempt from any real and mean­ing­ful over­sight, they are also pro­tec­ted against dis­clos­ure by the dra­coni­an 1989 Offi­cial Secrets Act, designed spe­cific­ally to crim­in­al­ise whis­tleblowers, as well as hav­ing a raft of legis­la­tion to sup­press media report­ing should such dis­clos­ures emerge.

This might, indeed, be the reas­on that the UK media is not cov­er­ing the Snowden dis­clos­ures more extens­ively — a self-cen­sor­ing “D” Notice has been issued against the media, and The Guard­i­an had its UK serv­ers smashed up by the secret police. 1930s Ger­many, anyone?

Defend­ers of the status quo have already been out in force. For­eign Sec­ret­ary Wil­li­am Hag­ue, who is notion­ally respons­ible for GCHQ,  said cosily that everything was leg­al and pro­por­tion­ate, and Sir Mal­colm Rif­kind, the cur­rent chair of the Intel­li­gence and Secur­ity Com­mit­tee in par­lia­ment last week staunchly declared that the ISC had invest­ig­ated GCHQ and found that its data min­ing was all leg­al as it had min­is­teri­al approval.

Well that’s all OK then.  Go back to sleep, cit­izens of the UK.

What Hag­ue and Rif­kind neg­lected to say was that the min­is­teri­al war­rantry sys­tem was designed to tar­get indi­vidu­al sus­pects, not whole pop­u­la­tions. Plus, as the For­eign sec­ret­ary in charge of MI6 at the time of the illeg­al assas­sin­a­tion plot against Gad­dafi in 1996, Rif­kind of all people should know that the spies are “eco­nom­ic­al with the truth”.

In addi­tion, as I’ve writ­ten before, many former top spies and police have admit­ted that they misled lied to the ISC. Sure, Rif­kind has man­aged to acquire some new powers of over­sight for the ISC, but they are still too little and 20 years too late.

This mir­rors what has been going on in the US over the last few years, with seni­or intel­li­gence offi­cial after seni­or offi­cial being caught out lying to con­gres­sion­al com­mit­tees.  While in the UK state­ments to the ISC have to date not been made under oath, state­ments made to the US Con­gress are — so why on earth are appar­ent per­jur­ers like Clap­per and Alex­an­der even still in a job, let alone not being prosecuted?

It appears that the US is learn­ing well from its former colo­ni­al mas­ter about all things offi­cial secrecy, up to and includ­ing illeg­al oper­a­tions that can be hushed up with the neb­u­lous and leg­ally undefined concept of “nation­al secur­ity”, the use of fake intel­li­gence to take us to war, and the per­se­cu­tion of whistleblowers.

Except the US has inev­it­ably super-sized the war on whis­tleblowers. While in the UK we star­ted out with the 1911 Offi­cial Secrets Act, under which trait­ors could be imprisoned for 14 years, in 1989 the law was amended to include whis­tleblowers — for which the pen­alty is 2 years on each charge.

The US, how­ever, only has its hoary old Espi­on­age Act dat­ing back to 1917 and designed to pro­sec­ute trait­ors. With no updates and amend­ments, this is the act that is now rolled out to threaten mod­ern whis­tleblowers work­ing in the digit­al age. And the pro­vi­sions can go as far as the death pen­alty.

Pres­id­ent Obama and the US intel­li­gence estab­lish­ment are using this law to wage a war on whis­tleblowers. Dur­ing his pres­id­ency he has tried to pro­sec­ute sev­en whis­tleblowers under this Espi­on­age Act — more than all the pre­vi­ous pres­id­ents com­bined — and yet when real spies are caught, as in the case of the Rus­si­an Spy Ring in 2010, Obama was happy to cut a deal and send them home.

An even more stark example of double stand­ards has emerged this August, when a leak appar­ently jeop­ard­ised an ongo­ing oper­a­tion invest­ig­at­ing a planned Al Qaeda attack against a US embassy in the Middle East. This leak has appar­ently caused imme­di­ate and quan­ti­fi­able dam­age to the cap­ab­il­it­ies of the NSA in mon­it­or­ing ter­ror­ism, and yet nobody has been held to account.

But, hey, why both­er with a dif­fi­cult invest­ig­a­tion into leak­ing when you can go after the low-hanging fruit — oth­er­wise known as prin­cipled whis­tleblowers who “out” them­selves for the pub­lic good?

This to me indic­ates what the US intel­li­gence infra­struc­ture deems to be the real cur­rent issue — “the insider threat” who might reveal cru­cial inform­a­tion about state crimes to the world’s population.

And yet the US rep­res­ent­at­ives still trot out the tired old lines about ter­ror­ism. Sen­at­or Lind­sey Gra­ham stated this week that the cur­rent level of endem­ic sur­veil­lance would have pre­ven­ted 9/11. Well, no, as pre­vi­ous intel­li­gence per­son­nel have poin­ted out. Coleen Row­leyTime Per­son of the Year 2002 — is fam­ous for high­light­ing that the US intel­li­gence agen­cies had pri­or warn­ing, they just did­n’t join the dots. How much worse now would this pro­cess be with such a tsunami of data-mined intelligence?

In sum­mary, it’s good to see at least a semb­lance of demo­crat­ic over­sight being played out in the USA, post-Snowden. It is a shame that such a demo­crat­ic debate is not being held in the UK, which is now the key ena­bler of the USA’s chron­ic addic­tion to elec­tron­ic surveillance.

How­ever, I fear it is inev­it­ably too little too late. As we have seen through his­tory, the only pro­tec­tion against a slide towards total­it­ari­an­ism is a free media that allows a free trans­fer of ideas between people without the need to self-cen­sor.  The glob­al US mil­it­ary-secur­ity com­plex is embed­ded into the DNA of the inter­net. We can­not rely on the USA to vol­un­tar­ily hand back the powers it has grabbed, we can only work around them as Brazil has sug­ges­ted it will do, and as the EU is con­tem­plat­ing.

Oth­er than that, respons­ib­il­ity for our pri­vacy rests in our own hands.

LIBE whistleblower hearing at the European Parliament

This week I was invited to give a state­ment to the LIBE Com­mit­tee at the European Par­lia­ment about whis­tleblow­ing and the NSA mass sur­veil­lance scandal.

I was in good com­pany: ex-NSA Tom Drake, ex-Depart­ment of Justice Jes­selyn Radack, and ex-NSA Kirk Wiebe. As well as describ­ing the prob­lems we had faced as intel­li­gence whis­tleblowers, we also sug­ges­ted some pos­sible solutions.

We were well received, even to the extent of an ova­tion from the nor­mally reti­cent MEPs.  We also all did vari­ous inter­views for TV dur­ing the day, but this is the only one I have tracked down so far.

Here is the video:

EU Par­lia­ment LIBE Inquiry on Elec­tron­ic Mass Sur­veil­lance of EU Cit­izens from Annie Machon on Vimeo.

European Parliament LIBE Inquiry on Electronic Mass Surveillance of EU Citizens

Below is some back­ground mater­i­al from my sub­mis­sion to the European Par­lia­ment’s LIBE Com­mit­tee on the implic­a­tions of the NSA scandal.

Here is a video link to the hear­ing.

LIBE Com­mit­tee Inquiry on Elec­tron­ic Mass Sur­veil­lance of EU Cit­izens, European Par­lia­ment, 30th Septem­ber 2013

Bio­graphy:

Annie Machon was an intel­li­gence officer for the UK’s MI5 in the 1990s, before leav­ing to help blow the whistle on the crimes and incom­pet­ence of the Brit­ish spy agen­cies.  As a res­ult she and her former part­ner had to go on the run around Europe, live in exile in France, face arrest and impris­on­ment, and watch as friends, fam­ily and journ­al­ists were arrested.

She is now a writer, media com­ment­at­or, polit­ic­al cam­paign­er, and inter­na­tion­al pub­lic speak­er on a vari­ety of related issues: the war on ter­ror­ism, the war on drugs, the war on whis­tleblowers, and the war on the inter­net.  In 2012 she star­ted as a Dir­ect­or of LEAP in Europe (www​.leap​.cc).

Annie has an MA (Hons) Clas­sics from Cam­bridge University.

Back­ground material:

Recom­mend­a­tions:

  • Mean­ing­ful par­lia­ment­ary over­sight of intel­li­gence agen­cies, with full powers of invest­ig­a­tion, at both nation­al and European levels.
  • These same demo­crat­ic bod­ies to provide a legit­im­ate chan­nel for intel­li­gence whis­tleblowers to give their evid­ence of mal­feas­ance, with the clear and real­ist­ic expect­a­tion that a full inquiry will be con­duc­ted, reforms applied and crimes punished.
  • Insti­tute a dis­cus­sion about the leg­al defin­i­tion of nation­al secur­ity, what the real threats are to the integ­rity of nation states and the EU, and estab­lish agen­cies to work with­in the law to defend just that. This will halt inter­na­tion­al intel­li­gence mis­sion creep.
  • EU-wide imple­ment­a­tion of the recom­mend­a­tions in the Ech­el­on Report (2001):
  1. to devel­op and build key infra­struc­ture across Europe that is immune from US gov­ern­ment­al and cor­por­at­ist sur­veil­lance; and
  2. Ger­many and the United King­dom are called upon to make the author­isa­tion of fur­ther com­mu­nic­a­tions inter­cep­tion oper­a­tions by US intel­li­gence ser­vices on their ter­rit­ory con­di­tion­al on their com­pli­ance with the ECHR (European Con­ven­tion on Human Rights).”
  • The duty of the European par­lia­ment is to the cit­izens of the EU.  As such it should act­ively pur­sue tech­no­logy policies to pro­tect the pri­vacy and basic rights of the cit­izens from the sur­veil­lance of the NSA and its vas­sals; and if it can­not, it should warn its cit­izens abut this act­ively and edu­cate them to take their own steps to pro­tect their pri­vacy (such as no longer using cer­tain Inter­net ser­vices or learn­ing to use pri­vacy enhan­cing tech­no­lo­gies). Con­cerns such as the trust Europeans have in ‘e‑commerce’ or ‘e‑government’ as men­tioned by the European Com­mis­sion should be sec­ond­ary to this con­cern at all times.
  • Without free media, where we can all read, write, listen and dis­cuss ideas freely and in pri­vacy, we are all liv­ing in an Orwellian dysto­pia, and we are all poten­tially at risk. These media must be based on tech­no­lo­gies that empower indi­vidu­al cit­izens, not cor­por­a­tions or for­eign gov­ern­ments. The Free Soft­ware Found­a­tion has been mak­ing these recom­mend­a­tions for over two decades.
  • The cent­ral soci­et­al func­tion of pri­vacy is to cre­ate the space for cit­izens to res­ist the viol­a­tion of their rights by gov­ern­ments and cor­por­a­tions. Pri­vacy is the last line of defense his­tor­ic­ally against the most poten­tially dan­ger­ous organ­isa­tion that exists: the nation state. There­fore there is no ‘bal­ance between pri­vacy and secur­ity’ and this false dicho­tomy should not be part of any policy debate.

The Culture High

Culture_High_InterviewI had a fab­ulous time doing an inter­view on behalf of LEAP for the new anti-pro­hib­i­tion film, The Cul­ture High.

Made by Adam Scor­gie, who dir­ec­ted the cult film, The Uni­on, his new work prom­ises to be the film on the sub­ject of can­nabis pro­hib­i­tion.  Thanks to the team for a wide-ran­ging, lively and stim­u­lat­ing interview.

If you want to sup­port their work, click here.  And the film will be released next summer.

Riga Talk about Spies, Whistleblowers and the Media

Last week I was invited to dis­cuss the con­trol of the media by the spies and the gov­ern­ment appar­at­us by the Centre for Media Stud­ies at the Stock­holm School of Eco­nom­ics in Riga. Many thanks to Hans, Anders and the team for invit­ing me, and to Inese Voika , the Chair of Trans­par­ency Inter­na­tion­al in Latvia, for set­ting the scene so well.

I focused par­tic­u­larly on how journ­al­ists can work with and pro­tect whistleblowers:

Whis­tleblow­ing is the New Rock and Roll from Annie Machon on Vimeo.

International Day of Privacy, Berlin Demo

The Inter­na­tion­al Day of Pri­vacy was cel­eb­rated glob­ally on 31 August, with the cases of Chelsea Man­ning and Edward Snowden bring­ing extra energy and res­on­ance to the subject.

I was invited take part in a demon­stra­tion in Ber­lin, cul­min­at­ing with a talk at the hugely sym­bol­ic Branden­burg Gate. Here’s the talk:

OHM 2013 — The Joy of Geeks

ohm2013_logoHome and recovered from the rigours of the amaz­ing geek­fest, OHM 2013.

This was a 5‑day fest­iv­al in the Neth­er­lands where 3000 geeks, act­iv­ists and whis­tleblowers gathered to have fun and also try to put the world to rights.  And this crowd, out of all act­iv­ist groups, has a fight­ing chance. The geeks are tooled-up, tech-savvy, and increas­ingly politi­cised after all the recent assaults on the inter­net and wider freedoms.

These include all the anti-pir­acy meas­ures (inter­est­ingly, Rus­sia has just joined the lost war that is the anti-pir­acy legis­la­tion, and the Rus­si­an pir­ates are going to form a Pir­ate Church, as this will give them spe­cial pro­tec­tions and rights under the law). It also includes all the invi­di­ous inter­na­tion­al agree­ments that the US and its Euro-vas­sals are try­ing to force down the throats of reluct­ant pop­u­la­tions: ACTA, PIPA, SOPA, TAFTA.… you name it, there’s a whole new anti-free­dom alpha­bet soup out there in addi­tion to the spook acronyms.

Not to men­tion all the illeg­al US take-downs of legit­im­ate busi­ness web­sites, such as Megaup­load, and the pan­op­tic sur­veil­lance powers of the NSA and its glob­al intel­li­gence bud­dies, long sus­pec­ted by many and now proven by the dis­clos­ures of the cour­ageous Edward Snowden.

So it was lovely to see at OHM an increas­ing politi­cisa­tion. This was partly because of all the above recent hor­rors, but also because the OHM organ­isers had pulled togeth­er a strong polit­ic­al and whis­tleblow­ing speak­er track. The attack against digit­al civil liber­ties is inex­tric­ably linked to and reflect­ive of the full-front­al attack on our his­tor­ic real-world freedoms:  endem­ic sur­veil­lance, kid­nap­ping, tor­ture, CIA kill lists, illeg­al wars, drone strikes, secret courts, and many oth­er encroach­ing hor­rors that I have writ­ten about ad nauseam. And this is just what we know about.

sinking_shipIn my view our West­ern demo­cra­cies have been at least fatally holed, if they have not yet foundered. Which, of course, means that our viol­ent, inter­ven­tion­ist attempts to bring “demo­cracy” to the devel­op­ing world are derided as hypo­crit­ic­al at best, and viol­ently res­isted at worst.

The new front-line of this struggle is “cyber” war­fare — be it the illeg­al aggress­ive attacks of such US/Israeli vir­uses against Iran such as Stuxnet (that is now roam­ing free in the wild and mutat­ing), or the slower wars of attri­tion against “pir­ates”, hack­ers, Wikileaks, and the grow­ing war on whis­tleblowers such as Brad­ley Man­ning and Edward Snowden.

Well, geeks are the new res­ist­ance and they have a fight­ing chance in my view. And this is why I think that they are our best hope.

SAMSUNGThis was my exper­i­ence of OHM. Three thou­sand of the best and the bright­est from around the world gathered togeth­er not just to have fun play­ing with bleed­ing-edge tech, hack­ing and build­ing toys, and cre­at­ing slightly sur­real, if beloved, hov­er-pets (see right), but also who turned out in their thou­sands to listen to and absorb the exper­i­ences of a num­ber of inter­na­tion­al intel­li­gence whis­tleblowers. In the wake of the Edward Snowden case, this is a hot top­ic in these circles and there was a huge impetus to help.

We whis­tleblowers had a fab­ulous time too. One is a “nat­ur­al-born geek” — Tom Drake, formerly of the NSA, who was threatened with 35 years in pris­on because he dared to dis­close prob­lems with his organ­isa­tion. His law­yer, gov­ern­ment law­yer-turned-whis­tleblower Jes­selyn Radack, also spoke of her exper­i­ences. Coleen Row­ley, the FBI whis­tleblower who exposed the intel­li­gence fail­ure in the US in the run-up to 9/11 and was voted Time Per­son of the Year in 2002 also gave a fant­ast­ic talk called “Secrecy Kills”, and former CIA ana­lyst and pres­id­en­tial “briefer”, Ray McGov­ern, gave the open­ing key­note speech, focus­ing on the need to speak out and pre­serve our rights. I fin­ished the quin­tet of whis­tleblowers and provided the Euro-perspective.

And of course the pat­ron saint of whis­tleblowers also did one of the key talks — but he had to be beamed in. Juli­an Assange, who was free to attend HAR, the last such event in the Neth­er­lands four years ago, was unavoid­ably detained in his embassy refuge in the UK.

OHM_Great_Spook_Panel_2013

Photo by Rein­oud van Leeuwen (http://​rein​oud​.van​.leeuwen​.net/)

The whis­tleblowers all came togeth­er for one of the big ses­sions of OHM — the “Great Spook Pan­el”, mod­er­ated by the indom­it­able Nick Farr. The pan­el was basic­ally a call to arms for the next gen­er­a­tion. This addressed the need to stand up to pro­tect our rights against all the egre­gious erosions that have occurred since 9/11.  The response was hugely enthu­si­ast­ic. I hope this goes glob­al, and the wider com­munity fol­lows up.

It cer­tainly did in one way. Ray McGov­ern announced the estab­lish­ment of the Edward Snowden Defence Fund at the end of the pan­el dis­cus­sion, and the dona­tions poured in for the rest of the event.

So a very suc­cess­ful fest­iv­al. How do I make that assess­ment? Well, on top of all the fun, vari­ety of talks and net­work­ing, the Dutch intel­li­gence ser­vice, the AIVD (an unfor­tu­nate-sound­ing name to most Eng­lish speak­ers), reques­ted a plat­form at the event after the Great Spook Pan­el was announced in the programme.

Such an act­ive and open response shows a degree of push-back against a per­ceived “threat”. No doubt the organ­isa­tion wanted to inject the estab­lish­ment anti-venom before the truth-tell­ers had their say. Any­way, on the grounds that most whis­tleblowers are gen­er­ally denied a main­stream media plat­form and/or are smeared, the AIVD was pro­hib­ited the stage.

Of course, the AIVD would have been very wel­come to buy a tick­et like nor­mal humans or pay the cor­por­ate rate to attend to show sup­port for the com­munity — its officers might have learned something.…

UK spy agency GCHQ prostitutes itself to NSA

From the middle of a Dutch field at the OHM 2013 fest­iv­al, I man­aged to do this inter­view for RT about GCHQ tak­ing large sums of money from its US equi­val­ent, the NSA:

UK spy agency GCHQ pros­titues itself to NSA in cor­rupt rela­tion­ship (HD) from Annie Machon on Vimeo.

Dutch festival OHM — Observe, Hack, Make

Today I am limber­ing up to attend the Dutch geek fest­iv­al, Observe Hack Make (OHM 2013). A lot of talks from whis­tleblowers, sci­ent­ists, geeks, futur­ists and bleed­ing edge tech people. The visionaries?

You decide — all talks will be live streamed and avail­able after­wards. Enjoy!

Dearlove Doublethink

Pub­lished on Con­sor­ti­um News, RT Op-Edge, and The Real News Net­work.

In a sen­sa­tion­al art­icle in a UK news­pa­per last week­end, the former head of the UK’s for­eign intel­li­gence gath­er­ing agency, MI6, appears to have broken the code of omer­tà around the fraud­u­lent intel­li­gence case used as the pre­text for the Iraq war in 2003.

DearloveSir Richard Dear­love, former head of MI6 and cur­rent Mas­ter of Pem­broke Col­lege, Cam­bridge, con­tac­ted the UK’s Mail on Sunday news­pa­per to state that he had writ­ten his ver­sion of the (ab)use of intel­li­gence in the run-up to the US/UK inva­sion of Iraq.  With the long-awaited and much-delayed offi­cial Chil­cot Enquiry into the case for war about to be pub­lished, Dear­love is obvi­ously aware that he might be blamed for the “sex­ing up” of the intel­li­gence, and that Teflon Tony Blair might once again shuffle off all responsibility.

You’ll no doubt have some vague recol­lec­tion that, in the run-up to the 2003 Iraq War, the Brit­ish gov­ern­ment pro­duced a couple of reports “mak­ing a case for war”, as Major Gen­er­al Michael Laurie said in his evid­ence to the enquiry in 2011: “We knew at the time that the pur­pose of the [Septem­ber] dossier was pre­cisely to make a case for war, rather than set­ting out the avail­able intel­li­gence, and that to make the best out of sparse and incon­clus­ive intel­li­gence the word­ing was developed with care.”

The first such report, the Septem­ber Dossier (2002), is the one most remembered, as this did indeed “sex up” the case for war as the deceased Iraqi weapons inspect­or Dr Dav­id Kelly exposed. It also included the fraud­u­lent intel­li­gence about Sad­dam Hus­sein try­ing to acquire urani­um from Niger. It was this lat­ter claim that Colin Pow­ell used to such great effect at the UN Secur­ity Council.

Rupert_Murdoch

Also, just six weeks before the attack on Iraq, the “Dodgy” Dossier, based largely on a 12-year old PhD thes­is culled from the Inter­net, but con­tain­ing nug­gets of raw MI6 intel­li­gence — was presen­ted by spy and politi­cian alike as omin­ous pre­mon­it­ory intelligence.

Most mem­or­ably in the UK, it led to the bogus “Brits 45 minutes from Doom” front-page head­line in Rupert Mur­doch’s The Sun news­pa­per, no less, on the eve of the cru­cial war vote in Parliament.

Inter­est­ingly from a Brit­ish leg­al pos­i­tion, it appears that Tony Blair and his spin doc­tor Alastair Camp­bell released this report without the pri­or writ­ten per­mis­sion of the head of MI6, which means that they would appear to be in breach of the UK’s dra­coni­an secrecy law, the Offi­cial Secrets Act (1989).

Thus was made the dodgy case for war.  All lies — mil­lions of deaths and many more maimed, wounded, and dis­placed, yet no one held to account.

Sub­sequently, there was also the notori­ous leaked Down­ing Street Memo, where Sir Richard Dear­love was minuted as say­ing that the intel­li­gence and facts were being fit­ted around the [pre­de­ter­mined war] policy.

On July 23, 2002 at a meet­ing at 10 Down­ing Street, Dear­love briefed Tony Blair and oth­er seni­or offi­cials on his talks with his Amer­ic­an coun­ter­part, CIA Dir­ect­or George Ten­et, in Wash­ing­ton three days before.

In the draft minutes of that brief­ing, which were leaked to the Lon­don Times and pub­lished on May 1, 2005, Dear­love explains that George Bush had decided to attack Iraq and the war was to be “jus­ti­fied by the con­junc­tion of ter­ror­ism and weapons of mass destruc­tion.”  While then-For­eign Sec­ret­ary Jack Straw points out that the case was “thin,” Dear­love explains mat­ter-of-factly, “the intel­li­gence and facts are being fixed around the policy.”

Tony_BlairThere is no sign in the minutes that any­one hic­cuped — much less demurred — at ”mak­ing a case for war” and fur­ther­ing Blair’s determ­in­a­tion to join Bush in launch­ing the kind of “war of aggres­sion” out­lawed by the post-world war Nurem­berg Tribunal and the UN treaty.

The acqui­es­cence of the chief spies helped their polit­ic­al mas­ters main­line into the body polit­ic unas­sessed, raw intel­li­gence and forged doc­u­ments, with dis­astrous con­sequences for the people of Iraq and the world.

Yet Dear­love long remained unre­pent­ant. Even as recently as 2011, post-retire­ment and bloated with hon­ours, he con­tin­ued to deny culp­ab­il­ity. When ques­tioned about the Down­ing Street Memo dur­ing an address to the pres­ti­gi­ous Cam­bridge Uni­ver­sity Uni­on Soci­ety by the fear­less and fear­somely bright stu­dent, Silkie Carlo, Dear­love tried grandi­loquently to brush her aside.

But were the remarks in the Memo really “taken out of con­text” as Dear­love tried to assert? No – the text of the Memo was clear and explicit.

So Dear­love could poten­tially have saved mil­lions of lives across the Middle East if he had gone pub­lic then, rather than now as he is threat­en­ing, with his con­sidered pro­fes­sion­al opin­ion about the intel­li­gence facts being fit­ted around a pre­con­ceived war policy.

Would it not be lovely if these retired ser­vants of the crown, replete with respect, status and hon­ours, could actu­ally take a stand while they are in a pos­i­tion to influ­ence world events?

Doing so now, purely to pre­serve his repu­ta­tion rather than to pre­serve lives, is even more “eth­ic­ally flex­ible” than you would nor­mally expect of an aver­age MI6 intel­li­gence officer. Per­haps that is why he floated to the top of the organisation.

Dear­love is right to be wor­ried about how both Chil­cot and his­tory will judge him.  These intel­li­gence fail­ures and lies have been picked over and spec­u­lated about for years. They are an open secret.

But hold­ing the gun of dis­clos­ure to the UK gov­ern­ment’s head smacks of des­per­a­tion.  He is quoted as say­ing that he has no plans to breach the Offi­cial Secrets Act by pub­lish­ing his mem­oirs. But by pub­lish­ing an account of the run-up to the Iraq war, he would be still guilty of a breach of the OSA. It has been estab­lished under UK law that any unau­thor­ised dis­clos­ure crosses the “clear bright line” of the law. And Dear­love seems well aware of this – his ori­gin­al plan was for his account to be made avail­able after his death.

Rectum_DefendeI can see why he would plan that – firstly he would not risk pro­sec­u­tion under the dra­coni­an terms of the OSA, but his account would, in his view, set the record straight and pro­tect his repu­ta­tion for pos­ter­ity.  A posthum­ous win-win.

The offi­cial motto of the UK spies is “Regnum Defende” — defence of the realm. Serving intel­li­gence officers mord­antly alter this to “Rectum Defende” — politely trans­lated as watch your back.

Dear­love seems to be liv­ing up to the motto.  He must be one very frightened old man to be con­tem­plat­ing such pre­ma­ture publication.

With cred­it and thanks to former CIA ana­lyst, cur­rent truth-tell­er and gen­er­al pain in the “regnum” to the intel­li­gence estab­lish­ment, Ray McGov­ern, and also Sander Venema for his eleg­antly clas­sic­al rework­ing of the final image.