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.

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!

Spies and the Media — my recent talk at the Centre for Investigative Journalism

Here’s the film of my talk at the recent sum­mer school at the Centre for Invest­ig­at­ive Journ­al­ism in Lon­don a month ago:

 

Many thanks to Gav­in and the rest of the CIJ team for such a stim­u­lat­ing and thought-pro­vok­ing weekend!

Keynote at Centre for Investigative Journalism Summer School, 16 July 2011

CIJ_logo_summerschool

My next talk in the UK will be a key­note at the renowned CIJ sum­mer school on 16th July. One of the major themes this year is whis­tleblow­ing, for obvi­ous Wikileaks-related reas­ons, and it appears I shall be in good company.

My talk is at 2pm on the Sat­urday.  I under­stand the key­notes are open to the pub­lic, not just sum­mer school attendees, so come along if you can and please spread the word!

The Age of Transparency?

Black_sheep_text?Well, this is an inter­est­ing case in the US.  Thomas Drake, a former seni­or exec­ut­ive at the Amer­ic­an Nation­al Secur­ity Agency (NSA), the US elec­tron­ic eaves­drop­ping organ­isa­tion, is being charged under the 1917 US Espi­on­age Act for allegedly dis­clos­ing clas­si­fied inform­a­tion to a journ­al­ist about, gasp, the mis­man­age­ment, fin­an­cial waste and dubi­ous leg­al prac­tices of the spy­ing organ­isa­tion.  These days it might actu­ally be more news­worthy if the oppos­ite were to be disclosed.…

How­ever, under the terms of the Espi­on­age Act, this des­ig­nates him an enemy of the Amer­ic­an people on a par with bona fide trait­ors of the past who sold secrets to hos­tile powers dur­ing the Cold War.

It strikes me that someone who reports mal­prac­tice, mis­takes and under-per­form­ance on the part of his (secret­ive) employ­ers might pos­sibly be someone who still has the motiv­a­tion to try to make a dif­fer­ence, to do their best to pro­tect people and serve the genu­ine interests of the whole coun­try.  Should such people be pro­sec­uted or should they be pro­tec­ted with a leg­al chan­nel to disclosure? 

Thomas Drake does not sound like a spy who should be pro­sec­uted for espi­on­age under the USA’s anti­quated act, he sounds on the avail­able inform­a­tion like a whis­tleblower, pure and simple.  But that won’t neces­sar­ily save him leg­ally, and he is appar­ently facing dec­ades in pris­on.  Pres­id­ent Obama, who made such a song and dance about trans­par­ency and account­ab­il­ity dur­ing his elec­tion cam­paign, has an even more egre­gious track record than pre­vi­ous pres­id­ents for hunt­ing down whis­tleblowers — the new “insider threat”.

This, of course, chimes with the Brit­ish exper­i­ence.  So-called left-of-centre polit­ic­al can­did­ates get elec­ted on a plat­form of trans­par­ency, free­dom of inform­a­tion, and an eth­ic­al for­eign policy (think Blair as well as Obama), and promptly renege on all their cam­paign prom­ises once they grab the top job. 

In fact, I would sug­gest that the more pro­fessedly “lib­er­al” the  gov­ern­ment, the more it feels empowered to shred civil liber­ties.  If a right-wing gov­ern­ment were to attack basic demo­crat­ic freedoms in such a way, the offi­cial oppos­i­tion (Democrats/Labour Party/whatever) would be obliged to make a show of oppos­ing the meas­ures to keep their core voters sweet.  Once they’re in power, of course, they can do what they want.

One stark example of this occured dur­ing the passing of the Brit­ish Offi­cial Secrets Act (1989) which, as I’ve writ­ten before, was spe­cific­ally designed to gag whis­tleblowers and pen­al­ise journ­al­ists.  The old OSA (1911) was already in place to deal with real traitors.

And who voted against the passing of this act in 1989?  Yes, you’ve guessed it, all those who then went on to become Labour gov­ern­ment min­is­ters after the 1997 Labour elec­tion land­slide — Tony Blair, Jack Straw, the late Robin Cook and a scrum of oth­er rather for­get­table min­is­ters and Attor­ney Gen­er­als.….  And yet it was this very New Labour gov­ern­ment in the UK that most often used the OSA to halt the free-flow of inform­a­tion and the dis­clos­ures of informed whis­tleblowers.  Obama has indeed learnt well.

It’s an oldie but still a good­ie: as one of my law­yers once wryly told me, it does­n’t mat­ter whom you vote for, the gov­ern­ment still gets in.….

Security forces endanger agent lives, not whistleblowers…

Our esteemed gov­ern­ments, intel­li­gence agen­cies and police forces always attack whis­tleblowers and organ­isa­tions such as Wikileaks on the grounds that unau­thor­ised dis­clos­ure of clas­si­fied inform­a­tion puts the lives of agents and inform­ants at risk.

Bob_QuickAgent iden­tit­ies, along with ongo­ing oper­a­tions (as Former Assist­ant Com­mis­sion­er of Spe­cial Oper­a­tions at the Met­ro­pol­it­an Police, Bob Quick, found to his cost two years ago) and sens­it­ive invest­ig­at­ory tech­niques, are indeed in need of pro­tec­tion.  Much else is not — par­tic­u­larly inform­a­tion about lies, cov­er-ups, incom­pet­ence and crime.

Indeed, once you delve behind the scream­ing head­lines that whis­tleblower dis­clos­ures have risked agent lives, you often find that this is abso­lutely not the case — in fact their motiv­a­tion is usu­ally to pre­vent fur­ther need­less tor­ture, death and war crimes.  So the US Defence Sec­ret­ary, Robert Gates, was forced to admit that Wikileaks had indeed not endangered lives with the pub­lic­a­tion of the Afghan War Logs last year, and Dav­id Shayler­’s tri­al judge, in his form­al rul­ing, stated that “no lives had been put at risk” by his whistleblowing.

Instead, there is a grow­ing body of evid­ence to sug­gest that the secur­ity forces are the very organ­isa­tions not tak­ing the pro­tec­tion and after­care of their agents seriously.

Mark Kennedy, the under­cov­er police officer who spied on UK envir­on­ment­al protest groups, has gone on the record to say that the super­vi­sion, care and psy­cho­lo­gic­al sup­port provided to him was woe­fully lack­ing.   Kev­in Fulton, a serving sol­dier who infilt­rated the IRA on behalf of the notori­ous Forces Research Unit, has sim­il­arly been hung out to dry and is now attempt­ing to sue the Brit­ish Gov­ern­ment to provide the prom­ised, adequate aftercare.

Mar­tin McGart­land, who worked as a source in North­ern Ire­land at the height of “The Troubles” and is cred­ited with sav­ing 50 lives, has also borne the brunt of this lais­sez faire atti­tude since he stopped work­ing for intel­li­gence.  He has the scars to prove it too, hav­ing sur­vived assas­sin­a­tion attempts, and once blindly leap­ing out of a third floor win­dow in an frantic attempt to escape tor­ture at the hands of the IRA.  As he says:

Who would put their lives on the line nowadays when they can read what hap­pens to those who did?”, McGart­land says. “I can’t go home and the IRA are sup­posed to be a former ter­ror­ist group. Nobody is hunt­ing down my attack­ers and nobody in author­ity seems to care. That has a dir­ect impact on recruit­ing agents.…”

Denis_DonaldsonThe most egre­gious case is of Denis Don­ald­son, Sinn Féin’s Head of Admin­is­tra­tion at Stor­mont in North­ern Ire­land who was outed as a MI5 and police spy by Gerry Adams in 2006.  He was bru­tally murdered a few months later, allegedly by the Real IRA, hav­ing received little pro­tec­tion or sup­port from his erstwhile spook handlers.

So who is really more likely expose cur­rent agents to the risk of psy­cho­lo­gic­al dam­age, tor­ture and death, or to deter future agents from volun­teer­ing to work with the secur­ity forces?  Prin­cipled whis­tleblowers who expose crime and incom­pet­ence with due care for pro­tect­ing real secrets, or the spooks who take a cava­lier approach to the pas­tor­al care of their agents, and then hang them out to dry once their use­ful­ness is at an end?

New attack on Wikileaks

I read this rather wor­ry­ing art­icle in The Inde­pend­ent today.  I know that this is refrac­ted through the main­stream media, but if it is accurate.…

Why am I so con­cerned?  Well, the art­icle appears to show that vital cod­ing to enable secret sub­mis­sions from poten­tial whis­tleblowers across the world was removed from the Wikileaks site a few months ago.

Now, unfor­tu­nately I’m not a geek, but I pre­sume this means that poten­tial whis­tleblowers have been unable to sub­mit inform­a­tion to Wikileaks over the last few months — just at the time when the web­site hit the glob­al consciousness.

But the worst case scen­ario would be if, just when poten­tial whis­tleblowers are most likely to have become aware of the site and want to use it, the pro­tec­tion of anonym­ity was unex­pec­tedly and sur­repti­tiously removed from the web­site when they make submissions.

Either way, we urgently need clarification.

Cambridge Union Society Talk, 28th January 2011

Cus_logo I shall be return­ing to my alma mater next week to do a talk at the Cam­bridge Uni­on Soci­ety on 28th Janu­ary.  I’ll be dis­cuss­ing spies, civil liber­ites, whis­tleblowers, Wikileaks and much more.….

Sir John Sawers, head of MI6, makes historic public appearance

For the first time in 100 years “C”, the head of the UK for­eign intel­li­gence ser­vice SIS (com­monly known as MI6) has gone public.

Former career dip­lo­mat Sir John Saw­ers (he of Speedo fame) yes­ter­day made a speech to the UK Soci­ety of Edit­ors in what appeared to be a pro­fes­sion­ally dip­lo­mat­ic rear-guard action in response to a num­ber of hot media top­ics at the moment.

Choos­ing both his audi­ence wisely and his words care­fully, he hit on three key areas:

Tor­ture: Leg­al cases are cur­rently going through UK courts on behalf of Brit­ish vic­tims of tor­ture, in which MI5 and MI6 intel­li­gence officers are alleged to have been com­pli­cit.  The Met­ro­pol­it­an Police are cur­rently invest­ig­at­ing a num­ber of cases.  Over the last week, a Brit­ish mil­it­ary train­ing manu­al on “enhanced” inter­rog­a­tion tech­niques has also been made pub­lic. How­ever, Saw­ers unblush­ingly states that MI6 abides by UK and inter­na­tion­al law and would nev­er get involved, even tan­gen­tially, in tor­ture cases.  In fact, he goes on to assert that the UK intel­li­gence agen­cies are train­ing the rest of the world in human rights in this regard.

 

 

Whis­tleblow­ing: In the week fol­low­ing the latest Wikileaks coup — the Iraq War Diar­ies, com­pris­ing nearly 400,000 doc­u­ments detail­ing the every­day hor­ror of life in occu­pied Iraq, includ­ing war crimes such as murder, rape and tor­ture com­mit­ted by both US and UK forces — Saw­ers states that secrecy is not a dirty word: the intel­li­gence agen­cies need to have the con­fid­ence that whis­tleblowers will not emerge to in order to guard agent and staff iden­tit­ies, as well as main­tain­ing the con­fid­ence of their inter­na­tion­al intel­li­gence part­ners that their (dirty?) secrets will remain, um, secret.  One pre­sumes he is advoc­at­ing against the expos­ure of war crimes and justice for the victims.

This, one also pre­sumes, is the jus­ti­fic­a­tion for US politi­cians who pro­pose cyber-attacks against Wikileaks and the declar­a­tion by some US polit­ic­al insiders that Juli­an Assange, spokes­man of the organ­isa­tion, should be treated as an unlaw­fully des­ig­nated “unlaw­ful com­batant”, sub­ject to the full rigour of extra-judi­cial US power, up to and includ­ing assassination. 

Spuri­ous media claims of unveri­fied “dam­age” are the hoary old chest­nuts always dragged out in whis­tleblower cases.  After Wikileaks released its Afghan War Blog in July, gov­ern­ment and intel­li­gence com­ment­at­ors made apo­ca­lyptic pre­dic­tions that the leak had put mil­it­ary and agent lives at risk.  US Defense Sec­ret­ary Robert Gates has since gone on the record to admit that this was simply not true. 

Dur­ing the Shayler whis­tleblow­ing case a dec­ade ago, the gov­ern­ment repeatedly tried to assert that agent lives had been put at risk, and yet the form­al judge­ment at the end of his tri­al stated that this was abso­lutely not the case.  And again, with the recent Wikileaks Iraq War Blog, gov­ern­ment sources are using the same old man­tra.  When will they real­ise that they can only cry wolf so many times and get away with it?  And when will the journ­al­ists regur­git­at­ing this spin wake up to the fact they are being played?

Account­ab­il­ity:  Saw­ers goes on to describe the mech­an­isms of account­ab­il­ity, such as they are.  He accur­ately states, as I have pre­vi­ously described ad nauseam, that under the 1994 Intel­li­gence Ser­vices Act, he is notion­ally respons­ible to his polit­ic­al “mas­ter”, the For­eign Sec­ret­ary, who has to clear in advance any leg­ally dubi­ous for­eign oper­a­tions (up to and includ­ing murder – the fabled “licence to kill” is not fic­tion, as you can see here).

The 1994 ISA also estab­lished the Prime Min­ister­’s Intel­li­gence and Secur­ity Com­mit­tee (ISC) in Par­lia­ment, which many com­ment­at­ors seem to believe offers mean­ing­ful over­sight of the spies.  How­ever, as I have detailed before, this is a mere fig leaf to real account­ab­il­ity: the ISC can only invest­ig­ate issues of policy, fin­ance and admin­is­tra­tion of the spy agen­cies.  Dis­clos­ures relat­ing to crime, oper­a­tion­al incom­pet­ence or involve­ment in tor­ture fall out­side its remit.

But what hap­pens if intel­li­gence officers decide to oper­ate bey­ond this frame­work? How would min­is­ters or the ISC ever know?  Oth­er spy mas­ters have suc­cess­fully lied to their polit­ic­al mas­ters in the past, after all.

Sir John has the gall to say that, if an oper­a­tion is not cleared by the For­eign Sec­ret­ary, it does not pro­ceed.  But what about the Gadaf­fi Plot way back in 1996, when MI6 was spon­sor­ing a group of Islam­ic extrem­ist ter­ror­ists in Libya to try to assas­sin­ate Col­on­el Gadaf­fi without, it has been asser­ted, the pri­or writ­ten approv­al of the then-For­eign sec­ret­ary, Tory politi­cian Mal­com Rif­kind?  This was repor­ted extens­ively, includ­ing in this art­icle by Mark Thomas in the New States­man. What hap­pens if rogue MI6 officers blithely side-step this notion­al account­ab­il­ity — because they can, because they know they will get away with it — because they have in the past?

MoS_August_97_QPlot_CredibleIn the interests of justice, UK and inter­na­tion­al law, and account­ab­il­ity, per­haps a new Conservative/Coalition gov­ern­ment should now reas­sess its approach to intel­li­gence whis­tleblowers gen­er­ally, and re-exam­ine this spe­cif­ic dis­clos­ure about Libya, which has been backed up by inter­na­tion­al intel­li­gence sources, both US and French, in order to achieve some sort of clos­ure for the inno­cent vic­tims in Libya of this MI6-fun­ded ter­ror­ist attack? And it is finally time to hold the per­pet­rat­ors to account — PT16, Richard Bart­lett, and PT16B, Dav­id Wat­son, who were the seni­or officers in MI6 respons­ible for the murder plot.

As civ­il­ised coun­tries, we need to rethink our approach to the issue of whis­tleblow­ing. Lies, spin,  pro­sec­u­tions and thug­gish threats of assas­sin­a­tion are beneath us as soci­et­ies that notion­ally adhere to the prin­ciples of demo­cracy.  If we can only real­ist­ic­ally hope that the actions of our gov­ern­ments, mil­it­ary forces, and intel­li­gence agen­cies are trans­par­ent and account­able via whis­tleblowers, then we need to ensure that these people are leg­ally pro­tec­ted and that their voices are heard clearly.

 

New York INN conference: How the world changed after 9/11

INNIn Septem­ber 2010 I was invited over to New York to speak at a tele­vised 2‑day sym­posi­um organ­ised by the inde­pend­ent TV and radio sta­tion Inter­na­tion­al News Net (INN).  The top­ic under dis­cus­sion was “How the world changed after 9/11”.

Speak­ers were invited from around the world to par­ti­cip­ate in pan­el dis­cus­sions focus­ing on dif­fer­ent areas that have been notice­ably degraded and cor­rup­ted since 9/11 in response to the end­less “war on ter­ror”: civil liber­ties, the rule of law, intel­li­gence, polit­ics, eco­nom­ics, and the media.  Some of the dis­cus­sions fea­tured aca­dem­ics, pro­fes­sion­als and sci­ent­ists ques­tion­ing the asser­tions of the offi­cial US gov­ern­ment account of 9/11 itself — the jus­ti­fic­a­tion for so many ensu­ing horrors.

NYC_Sept_2010_on stageI was on the same pan­el as Ray McGov­ern (army vet­er­an and long-time CIA ana­lyst), Coleen Row­ley (FBI whis­tleblower), and Dr Kath­er­ine Albrecht (digit­al pri­vacy cam­paign­er).  The title of the ses­sion was “Good­bye Fourth Amend­ment”.  As I poin­ted out at the begin­ning of my talk, at least the US has a writ­ten con­sti­tu­tion to shred — some­thing the UK nev­er quite man­aged to produce.…

Here’s the film of my ses­sion. DVDs of this and all oth­er pan­el dis­cus­sions are avail­able from INN.

WikiLeaks Discussion Panel with Julian Assange, HAR NL 2009

Last year I had the hon­our to meet Juli­an Assange, the founder of the bril­liant whis­tleblower web­site, WikiLeaks, that has been caus­ing such a stir recently with the release of the decryp­ted US mil­it­ary film,  “Col­lat­er­al Murder”, and recently with the Afghan War Logs

I have noth­ing but respect for WikiLeaks — it shines a torch into the dark corners of cor­rupt gov­ern­ment and big busi­ness, and is the way for­ward in hold­ing these organ­isa­tions, which largely believe them­selves to be above the law, at least some­what to account. 

Juli­an was kind enough to invite me to take part in a pan­el dis­cus­sion with him at the Hack­ing at Ran­dom fest­iv­al in the Neth­er­lands last year.  The dis­cus­sion focused on whis­tleblow­ing and gov­ern­ment account­ab­il­ity.  Here’s the video:

US Intelligence targets Wikileaks

WikileaksThe US gov­ern­ment has appar­ently been get­ting its knick­ers in a twist about the excel­lent Wikileaks web­site.  A report writ­ten in 2008 by US army counter-intel­li­gence ana­lys­ing the threat posed by this haven for whis­tleblowers has been leaked to, you’ve guessed it, the very sub­ject of the report.

Wikileaks was set up three years ago to provide a secure space for prin­cipled whis­tleblowers around the world to expose cor­rup­tion and crimes com­mit­ted by our gov­ern­ments, intel­li­gence agen­cies and mega-cor­por­a­tions.  The site takes great care to veri­fy the inform­a­tion it pub­lishes, adheres to the prin­ciple of expos­ing inform­a­tion very much in the pub­lic interest, and vig­or­ously pro­tects the identi­fy of its sources.

By doing so, Wikileaks plays a vital part in inform­ing cit­izens of what is being done (often illeg­ally) in their name.  This free flow of inform­a­tion is vital in a democracy.

Well, no gov­ern­ment likes a clued-up and crit­ic­al cit­izenry, nor does it like to have trans­par­ency and account­ab­il­ity imposed on it.  Which led to the report in question.

As I have writ­ten before ad nauseam, whis­tleblowers provide an essen­tial func­tion to the healthy work­ing of a demo­cracy.  The simplist­ic approach would be to say that if gov­ern­ments, spies and big cor­por­a­tions obeyed the law, there would be no need for whis­tleblowers.  How­ever, back in the real, post‑9/11 world, with its end­less, neb­u­lous “war on ter­ror”, illeg­al wars, tor­ture, extraordin­ary rendi­tion and Big Broth­er sur­veil­lance, we have nev­er had great­er need of them.

Rather than ensur­ing the highest stand­ards of leg­al­ity and prob­ity in pub­lic life, it is far sim­pler for the powers that be to demon­ise the whis­tleblower — a fig­ure who is now (accord­ing to the Exec­ut­ive Sum­mary of the report) appar­ently seen as the “insider threat”.  We are look­ing at a nas­cent McCarthy­ism here.  It echoes the increas­ing use by our gov­ern­ments of the term “domest­ic extrem­ists” when they are talk­ing about act­iv­ists and protesters.

There are laws to pro­tect whis­tleblowers in most areas of work now.  In the UK we have the Pub­lic Interest Dis­clos­ure Act (1998).  How­ever, gov­ern­ment, mil­it­ary, and espe­cially intel­li­gence pro­fes­sion­als are denied this pro­tec­tion, des­pite the fact that they are most often the very people to wit­ness the most hein­ous state abuses, crimes and cor­rup­tion.  If they try to do some­thing about this, they are also the people most likely to be pro­sec­uted and per­se­cuted for fol­low­ing their con­sciences, as I described in a talk at the CCC in Ber­lin a couple of years ago.

Ideally, such whis­tleblowers need a pro­tec­ted leg­al chan­nel through which to report crimes, with the con­fid­ence that these will be prop­erly invest­ig­ated and the per­pet­rat­ors held to account.  Fail­ing that, sites like Wikileaks offer an invalu­able resource.  As I said last sum­mer at the Hack­ing at Ran­dom fest­iv­al in NL, when I had the pleas­ure of shar­ing a stage with Wikileaks founder Juli­an Assange, I just wish that the organ­isa­tion had exis­ted a dec­ade earli­er to help with my own whis­tleblow­ing exploits.

The Offi­cial Secrets Act (1989) in the UK, is draf­ted to stifle whis­tleblowers rather than pro­tect real secrets.  Such laws are routinely used to cov­er up the mis­takes, embar­rass­ment and crimes of spies and gov­ern­ments, rather than to pro­tect nation­al secur­ity.  After all, even the spooks acknow­ledge that there are only three cat­egor­ies of intel­li­gence that abso­lutely require pro­tec­tion: sens­it­ive oper­a­tion­al tech­niques, agent iden­tit­ies and ongo­ing operations.

This US counter-intel­li­gence report is already 2 years old, and its strategy for dis­cred­it­ing Wikileaks (by expos­ing one of their sources pour encour­ager les autres) has, to date, mani­festly failed. Cred­it is due to the Wikileaks team in out-think­ing and tech­no­lo­gic­ally out­pa­cing the intel­li­gence com­munity, and is a ringing endorse­ment for the whole open source philosophy.

I’ve said this before, and I shall say it again: as our coun­tries evolve ever more into sur­veil­lance soci­et­ies, with big broth­er data­bases, CCTV, bio­met­ric data, police drones, vot­ing com­puters et al, geeks may be our best (and last?) defence against emer­ging Big Broth­er states.

Amuse Bouche

A debate is cur­rently under way in the (ex) Land of the Free about how much pro­tec­tion intel­li­gence whis­tleblowers should be accor­ded under the law.

Yes, the coun­try that has brought the world the “war on ter­ror”, Guantanamo Bay, and the Pat­ri­ot Act, is hav­ing a mor­al spasm about how to best pro­tect those who wit­ness high crimes and mis­de­mean­ors inside the charmed circle of secrecy and intelligence. 

And about time too, fol­low­ing the mess of rev­el­a­tions about spy com­pli­city in tor­ture cur­rently emer­ging on both sides of the pond.

Inter­est­ingly, intel­li­gence offi­cials in the US already have a smidgeon more lee­way than their UK coun­ter­parts.  In the US, if you wit­ness a crime com­mit­ted by spies, you have to take your con­cerns to the head of the agency, and then you can go to Con­gress.  In the UK, the only per­son you can leg­ally report crime to is the head of the agency involved, so guess how many suc­cess­ful com­plaints are made?  Even tak­ing your proven and legit­im­ate con­cerns to your elec­ted UK rep­res­ent­at­ives is a crime under the OSA.

Spooks in the UK now have access to an “eth­ic­al coun­sel­lor”, who has reportedly been vis­ited a grand total of 12 times by intel­li­gence officers since 2006.  But this per­son has no power to invest­ig­ate alleg­a­tions of crime, and a vis­it guar­an­tees a career-block­ing black mark on your record of ser­vice: ie if you are the sort of per­son to worry your head with quaint ideas like eth­ics and mor­al­ity you are, at best, not a team play­er and, worse, a pos­sible secur­ity risk. 

WhistleThis is surely cul­tur­ally unsus­tain­able in a com­munity of people who gen­er­ally sign up to pro­tect the cit­izens of the coun­try and want to make a pos­it­ive dif­fer­ence by work­ing with­in the law?  Those who have con­cerns will resign, at the very least, and those who like to “just fol­low orders” will float to the top.  As one of the lead­ing pro­ponents for great­er whis­tleblower pro­tec­tion in the USA states in the linked article:

The code of loy­alty to the chain of com­mand is the primary value at those insti­tu­tions, and they set the stand­ard for intens­ity of retaliation.”

Some enlightened US politi­cians appear to be aware that intel­li­gence whis­tleblowers require pro­tec­tion just as all oth­er employ­ees receive under the law:  per­haps more so, as the nature of their work may well expose them to the most hein­ous crimes ima­gin­able.  There is also an argu­ment for put­ting prop­er chan­nels in place to ensure that whis­tleblowers don’t feel their only option is to risk going to the press.  Effect­ive chan­nels for blow­ing the whistle and invest­ig­at­ing crime can actu­ally pro­tect nation­al secur­ity rather than com­prom­ise it.

The nay-say­ers, of course, want to keep everything secret — after all, the status quo is cur­rently work­ing so well in uphold­ing demo­crat­ic val­ues across the globe.  Crit­ics of the new legis­la­tion talk of “dis­gruntled employ­ees .… glee­fully” spill­ing the beans.  Why is this hoary old line always dragged out in this type of dis­cus­sion?  Why are whis­tleblowers always described in this way, rather than called prin­cipled, brave or ethical?

Blanket secrecy works against the real interests of our coun­tries.  Mis­takes can be covered up, group-think ensures that crimes con­tin­ue, and any­one offer­ing con­struct­ive cri­ti­cism is labelled as a risky trouble­maker — no doubt a “dis­gruntled” one at that.

Of course, cer­tain areas of intel­li­gence work need to be pro­tec­ted: cur­rent oper­a­tion­al details (as ex-Met Assist­ant Com­mis­sion­er, Bob Quick has dis­covered), agent iden­tit­ies, and sens­it­ive tech­niques.  But the life blood of a healthy demo­cracy depends on open debate, vent­il­a­tion of prob­lems, and agreed solu­tions.  Informed and par­ti­cip­at­ory cit­izens need to know what is being done in their name.