Echelon and the Special Relationship

Journ­al­ist and writer James Bam­ford, has a new book, “The Shad­ow Fact­ory: The Ultra-Secret NSA from 9/11 to the Eaves­drop­ping on Amer­ica” (Doubleday), which came out this week in the United States.

Bam­ford is a former pro­du­cer at ABC News of thirty years’ stand­ing, and his book has caused quite a stir. One of his key gripes is the fact that for­eign com­pan­ies try to acquire work in sens­it­ive US depart­ments. He cites in par­tic­u­lar the attempt in 2006 of Israeli data secur­ity com­pany, Check Point Soft­ware Tech­no­lo­gies, to buy an Amer­ic­an com­pany with exist­ing con­tracts at the Defence Depart­ment and the NSA. This deal was stopped after the FBI objected.

For­eign soft­ware and secur­ity com­pan­ies work­ing with­in intel­li­gence agen­cies are indeed a prob­lem for any coun­try. It com­prom­ises the very notion of nation­al sov­er­eignty. In the UK, MI5 and many oth­er gov­ern­ment depart­ments rely on pro­pri­et­ary soft­ware from com­pan­ies like Microsoft, notori­ous for their vul­ner­ab­il­ity to hack­ers, vir­uses and back door access. Should our nation’s secrets really be exposed to such eas­ily avoid­able vulnerabilities?

Anoth­er sec­tion of the book to have hit the head­lines is Bam­ford’s claims that bed­room “con­ver­sa­tions” of sol­diers, journ­al­ists and offi­cials in Iraq have been bugged by the Nation­al Secur­ity Agency (NSA).

Bam­ford, who is by no means a fan of the NSA in its cur­rent rampant form, makes the mis­take of think­ing that in the inno­cent days pre‑9/11, the agency respec­ted demo­crat­ic rights enshrined in the US con­sti­tu­tion and nev­er snooped on US cit­izens in their own country.

While tech­nic­ally this might be true, does nobody remem­ber the ECHELON system?

ECHELON was an agree­ment between the NSA and its Brit­ish equi­val­ent GCHQ (as well as the agen­cies of Canada, Aus­tralia, and New Zea­l­and) whereby they shared inform­a­tion they gathered on each oth­ers’ cit­izens. GCHQ could leg­ally eaves­drop on people out­side the UK without a war­rant, so they could tar­get US cit­izens of interest, then pass the product over to the NSA. The NSA then did the same for GCHQ. Thus both agen­cies could evade any demo­crat­ic over­sight and account­ab­il­ity, and still get the intel­li­gence they wanted.

Spe­cial rela­tion­ship, anyone?

Ethics Talk at a School

Earli­er this month I was invited back to the Bish­ops Stort­ford High School to do a talk for its Eth­ics and Cit­izen­ship Course.  This is a new, man­dat­ory part of the nation­al cur­riculum, and a good thing too.

I spoke about the role of a whis­tleblower in a demo­crat­ic soci­ety, and also about the erosion of our demo­crat­ic freedoms.  About 300 pupils atten­ded, and the response was fant­ast­ic, with many inter­est­ing and intel­li­gent ques­tions.  And so there should be — this is the gen­er­a­tion that will have to deal with the mess we are mak­ing of our civil liber­ties in this country.

Resonance FM Interview

This is an inter­view I recor­ded for Res­on­ance FM with We Are Change UK, a rap­idly-grow­ing  act­iv­ist group in the USA and Europe, in which I get the chance to dis­cuss the spies, their crimes, cov­er-ups, the media, the war on ter­ror and the erosion of our freedoms, amongst many oth­er issues:

Down­load We_Are_Change_Interview.mp3 (25.4M)

Gareth Peirce talks to Moazzam Begg

An inter­view between Guantanamo detain­ee, Moazzam Begg, and human rights law­yer Gareth Peirce.

I have writ­ten before about the appalling treat­ment of people like Moazzam, who are kid­napped, tor­tured, and held illeg­ally without charge in Amer­ica’s secret pris­on camps and Gitmo. Here he has the chance to inter­view Gareth about this and the wider implications:

 

Gareth Peirce has worked indefatig­ably over many years to defend vic­tims of mis­car­riages of justice in the UK courts and bey­ond. The roll call of those she has helped, not just leg­ally but also with emo­tion­al sup­port and a gentle and humane approach, includes: the Guild­ford Four, the Birm­ing­ham Six, Samar Alami and Jawed Bot­meh (the Israeli Embassy Two), Dav­id Shayler, the Bel­marsh internees, Judith Ward, the fam­ily of Jean Charles de Menezes, and now the Guantanamo victims.

Gareth is a true hero of our times. 

Cynthia McKinney and Annie Machon in Amsterdam, 2007

After the Lon­don event in 2007, Cyn­thia McKin­ney and I flew over to Ams­ter­dam for an inter­view at a big pub­lic event organ­ised by new media organ­isa­tion, Docs at the Docks.

Introducing Congresswoman Cynthia McKinney in London, 2007

Former US Con­gress­wo­man and cur­rent Pres­id­en­tial Green Party can­did­ate, Cyn­thia McKin­ney, vis­ited Lon­don in Septem­ber 2007.  I had the priv­ilege of intro­du­cing her at the Lon­don event. 

 

Save Our Free Speech

The Guard­i­an today repor­ted that the United Nations Com­mit­tee on Human Rights had issued a damning indict­ment of the Brit­ish gov­ern­ment’s use of legis­la­tion to sup­press a right that is fun­da­ment­al to all func­tion­ing demo­cra­cies: free­dom of expression.

This is not news to me. But it’s inter­est­ing that free­dom of expres­sion is now being cur­tailed in so many var­ied, inter­est­ing and ima­gin­at­ive ways: libel laws, ter­ror­ism laws and offi­cial secrecy. That’s quite an arsenal.

Bri­tain is now infam­ous for being the “libel cap­it­al” of the world. Wealthy indi­vidu­als can use our courts to sup­press pub­lic­a­tion of crit­ic­al books and art­icles any­where in the world, if they can prove that the book has been sold in the UK – even if it’s just one, second-hand copy on Amazon. The magazine, Private Eye, has been com­ment­ing on this extens­ively over the last year.

Then, under the slew of new counter-ter­ror­ism legis­la­tion that the Labour gov­ern­ment has intro­duced since 2001, it is now an offence to say any­thing that might “encour­age” ter­ror­ism. That defin­i­tion is so broad that, say, you or I made an inno­cent com­ment about the Palestini­an or Iraqi situ­ation, and this could be mis­con­strued by anoth­er per­son as encour­aging them to viol­ence, this could be assessed sub­ject­ively as a crim­in­al offence by the pro­sec­ut­ing author­it­ies. This is third party thought-crime.

These sort of laws have a neg­at­ive impact on free speech, as pub­lish­ers, edit­ors and journ­al­ists begin to self-cen­sor rather than run informed risks for the pub­lic good.

But it’s the third area of law that res­on­ates most with me, for obvi­ous reas­ons: the 1989 Offi­cial Secrets Act, which crim­in­al­ises any unau­thor­ised dis­clos­ure by serving or former intel­li­gence officers, noti­fied per­sons, and oth­er crown ser­vants and offi­cials. These people are the most likely to wit­ness high crimes and mis­de­mean­ors on the part of gov­ern­ment, police and the intel­li­gence ser­vices, and yet they are the most crim­in­al­ised in this coun­try for speak­ing out. Whis­tleblowers in oth­er areas of work are spe­cific­ally pro­tec­ted by the law under the Pub­lic Interest Dis­clos­ure Act (1998).

How did this hap­pen? Ever since the 1911 Offi­cial Secrets Act came into force, there has been legis­la­tion to pro­tect this nation’s genu­ine secrets against the actions of trait­ors. Under this law, crown ser­vants face 14 years in pris­on if they betray inform­a­tion to hos­tile powers. Of course we need to pro­tect genu­ine secrets, and this is cer­tainly safe­guard enough.

The change in this law was spe­cific­ally designed to gag genu­ine whis­tleblowers in sens­it­ive areas, not pro­tect nation­al secur­ity. This came about in the 1980s after the notori­ous failed pro­sec­u­tion of Min­istry of Defense civil ser­vant, Clive Pont­ing. In 1984 he blew the whistle on the fact the Brit­ish gov­ern­ment knew that the Argen­tini­an war­ship, the Gen­er­al Bel­grano, was sail­ing away from the exclu­sion zone dur­ing the Falk­lands War in 1982. Des­pite this, the order was still giv­en to attack it, and many were killed. Pont­ing was rightly out­raged by this, and went pub­lic. His actions were mani­festly in the pub­lic interest, and this was pre­cisely the suc­cess­ful defense he ran in court. Furi­ous, the Con­ser­vat­ive gov­ern­ment of the time re-wrote the secrecy laws, remov­ing the pub­lic interest defense to deter such prin­cipled whis­tleblowers in the future. And this is the cur­rent Offi­cial Secrets Act cri­ti­cised so strongly by the UN.

Inter­est­ingly, at the time the Labour party strongly opposed this change, rightly think­ing that this would cur­tail cru­cial inform­a­tion reach­ing the pub­lic domain. At this point, of course, many of them cor­rectly sus­pec­ted that they were on the receiv­ing end of illeg­al invest­ig­a­tions by MI5.

The roll call of Labour MPs who voted against the pro­posed Act as it passed through Par­lia­ment in 1988 includes such luminar­ies as Tony Blair, Jack Straw and the former Attor­ney Gen­er­al John Mor­ris. All these people went on to use the 1989 OSA to threaten and pro­sec­ute the intel­li­gence whis­tleblowers of the last decade.

The blanket ban on free­dom of expres­sion for intel­li­gence per­son­nel appears to be illeg­al under the terms of the European Con­ven­tion of Human Rights. Sure, Art­icle 10(2) does give nations the lim­ited right to cur­tail free­dom of expres­sion in a pro­por­tion­ate way to pro­tect nation­al secur­ity. How­ever, the term “nation­al secur­ity” has nev­er been defined for leg­al pur­poses in this coun­try and is used as a catch-all phrase to pre­vent dis­clos­ure of any­thing embar­rass­ing to the gov­ern­ment and the intel­li­gence agen­cies. Plus, dur­ing these cases, law­yers and judges have con­sist­ently con­fused the notion of the nation­al interest with nation­al secur­ity – two very dif­fer­ent beasts. And free­dom of expres­sion can­not be leg­ally cur­tailed under the Con­ven­tion merely for reas­ons of “the nation­al interest”.

So I was heartened to read the UN’s ver­dict on this leg­al mess: “Powers under the Offi­cial Secrets Act have been “exer­cised to frus­trate former employ­ees of the crown from bring­ing into the pub­lic domain issues of genu­ine pub­lic interest, and can be exer­cised to pre­vent the media from pub­lish­ing such matters”.”

Let’s hope this leads to the rein­state­ment of the pub­lic interest defence at the very least. Dur­ing this time of the unend­ing “war on ter­ror”, gov­ern­ments lying to take us into illeg­al wars, and the use of tor­ture and intern­ment, whis­tleblowers play an import­ant role in uphold­ing and defend­ing our demo­crat­ic val­ues. We need to pro­tect them, not pro­sec­ute them.

New Statesman Article, August 2008

The new spies

Steph­en Armstrong

When
the Cold War ended, it did­n’t spell cur­tains for the secret agent.
Private espi­on­age is a boom­ing industry and envir­on­ment­al protest
groups are its prime target

                  


 

As you hunker down for the last few days of the Camp for Climate
Action, dis­cuss­ing how to force your way into King­s­north power station
in an attempt to pre­vent the con­struc­tion of a new coal facil­ity, cast
your eyes around your fel­low pro­test­ers. Do they look entirely bona
fide to you? And don’t look for the old-school spe­cial branch officers
— Kent Police are a tiny force. It’s the cor­por­ate spies hired by
private com­pan­ies you need to watch out for.

Accord­ing to the private espi­on­age industry itself, roughly one in four of your com­rades is on a mul­tina­tion­al’s payroll.

Rus­sell Corn, man­aging dir­ect­or of Dili­gence, one of a growing
num­ber of “cor­por­ate intel­li­gence agen­cies”, with offices high in the
Canary Wharf glass tower, says private spies make up 25 per cent of
every act­iv­ist camp. “If you stuck an inter­cept up near one of those
camps, you would­n’t believe the amount of out­go­ing calls after every
meet­ing say­ing, ‘Tomor­row we’re going to cut the fence’,” he smiles.
“Eas­ily one in four of the people there are tak­ing the corporate
shilling.”

In April this year, for instance, the anti-avi­ation cam­paign network
Plane Stu­pid, one of the main organ­isers of the eco-camp built to
protest against the expan­sion of Heath­row Air­port, announced that one
of its act­iv­ists, Ken Tobi­as, was actu­ally called Toby Kend­all, was
work­ing for a cor­por­ate espi­on­age firm called C2i, and had been leaking
inform­a­tion about the group to pay­ing cli­ents and the media. He had
been hired by an as yet unknown private com­pany to provide information
and dis­rupt the group’s campaigning.

When Tobi­as first turned up at Plane Stu­pid’s meet­ings in July 2007,
he seemed a com­mit­ted former Oxford stu­dent ded­ic­ated to reducing
air­craft emis­sions. The group gradu­ally became sus­pi­cious because he
showed up early at meet­ings, con­stantly pushed for increas­ingly drama
tic dir­ect action and — the ulti­mate giveaway — dressed a little too
well for an eco­w­ar­ri­or. When they showed his pic­ture around Oxford they
found an old col­lege pal who iden­ti­fied him as Toby Kend­all. A quick
Google search revealed his Bebo page with a link to a corporate
net­work­ing site, where his job as an “ana­lyst” at C2i International,
work­ing in “secur­ity and invest­ig­a­tions”, was pas­ted in full public
view.

Just a month earli­er, a woman called Cara Schaf­fer had con­tac­ted the
Student/Farmworker Alli­ance, an ideal­ist­ic bunch of Amer­ic­an college
stu­dents who lobby fast-food com­pan­ies to help migrant work­ers in
Flor­ida who har­vest toma­toes. Like the cockle-pick­ers of More­cambe Bay,
many of these work­ers are smuggled into the US by gangs which then take
their pass­ports and force them to work without pay to clear often
fic­ti­tious debts to regain their papers.

Digging up dirt

Again, Schaf­fer­’s excess­ive eager­ness aroused sus­pi­cion, and again,
the inter­net revealed her true iden­tity. She owned Dip­lo­mat­ic Tactical
Ser­vices, a private espi­on­age firm which had pre viously hired as a
sub­con­tract­or one Guillermo Zara bozo, today facing murder charges in
Miami for his role in allegedly execut­ing four crew mem­bers of a
chartered fish­ing boat, an alleg­a­tion he denies. Schaf­fer turned out to
be work­ing for Bur­ger King — the home, per­haps appro­pri­ately, of the
Whopper.

The cute thing about these two bozos is that they got caught pretty
early on, but that was because they were young and had no back­ground in
espionage.

The real mar­ket is in prop­er, old-school spies who are suddenly
enter­ing the private sec­tor. For pro­fes­sion­al spooks, the 1990s were no
fun at all. The Cold War was over, defence spend­ing was down and a
detailed know­ledge of cold-drop tech­niques in cent­ral Ber­lin was
use­less to gov­ern­ments look­ing for Arab­ic speak­ers who knew the Quran.

From New York and Lon­don to Moscow and Beijing, any decent-sized
cor­por­a­tion can now hire former agents from the CIA, FBI, MI5, MI6 and
the KGB. The ex-spooks are selling their old skills and con­tacts to
mul­tina­tion­als, hedge funds and olig­archs, dig­ging up dirt on
com­pet­it­ors, uncov­er­ing the secrets of board­room rivals and exposing
invest­ment tar­gets. They are also keep­ing tabs on journalists,
pro­test­ers and even poten­tial employees.

MI5 and MI6 in par­tic­u­lar have always guided ex-employ­ees into
secur­ity com­pan­ies,” explains Annie Machon, the former MI5 agent who
helped Dav­id Shayler blow the whistle on the secur­ity ser­vices back in
1997. “It’s always use­ful to them to have friends they can tap for info
or recruit for a job that requires plaus­ible deni­ab­il­ity. The big
change in recent years has been the huge growth in these companies.
Where before it was a hand­ful of private detect­ive agen­cies, now there
are hun­dreds of mul­tina­tion­al secur­ity organ­isa­tions, which operate
with less reg­u­la­tion than the spooks them­selves,” she says.

Corn’s com­pany Dili­gence, for instance, was set up in 2000 by Nick
Day, a former MI5 spy, and an ex-CIA agent, Mike Baker. Before long,
the duo had built up a roster of high-pay­ing cli­ents includ­ing Enron,
oil and phar­ma­ceut­ic­al com­pan­ies, as well as law firms and hedge funds.
In 2001, a small invest­ment by the Wash­ing­ton lob­by­ing com­pany Barbour
Grif­fith & Rogers pro­pelled their growth. How­ever, BGR and Baker
sold their stakes in 2005, shortly before a scan­dal shook Diligence.
KPMG, the glob­al pro­fes­sion­al ser­vices firm, accused Dili­gence staff of
imper­son­at­ing Brit­ish spies to gain inform­a­tion on a cor­por­ate takeover
for a Rus­si­an tele­coms cli­ent called Alfa Group. Dili­gence settled the
law­suit without admit­ting liability.

Since then, it has recruited the former Con­ser­vat­ive Party leader
Michael Howard as chair­man of its European oper­a­tions. And it is that
sort of respect­ab­il­ity and lob­by­ing power that big play­ers are after.
In 2007, the par­ent com­pany of the US private mil­it­ary firm Blackwater,
which hit the head­lines for gun­ning down Iraqi civil­ians in Baghdad
last Septem­ber, entered this mar­ket through Total Intelligence
Solu­tions (TIS), a new CIA-type private oper­a­tion, to provide
intel­li­gence ser­vices to com­mer­cial clients.

Discreet investigations

Black­wa­ter­’s vice-chair­man, J Cofer Black, who runs TIS, spent three
dec­ades in the CIA and the state depart­ment, becom­ing dir­ect­or of the
Coun­terter­ror­ist Centre and co-ordin­at­or for counter ter­ror­ism, a job
with ambas­sad­ori­al rank. He describes the new com­pany as bring­ing “the
intel­li­gence-gath­er­ing meth­od­o­logy and ana­lyt­ic­al skills traditionally
honed by CIA oper­at­ives dir­ectly to the board­room. With a ser­vice like
this, CEOs and their secur­ity per­son­nel will be able to respond to
threats quickly and con­fid­ently — wheth­er it’s determ­in­ing which city
is safest to open a new plant in or work­ing to keep employ­ees out of
harm’s way after a ter­ror­ist attack.”

Black also says TIS will oper­ate a “24/7 intel­li­gence fusion and
warn­ing centre” that will mon­it­or civil unrest, ter­ror­ism, economic
sta­bil­ity, envir­on­ment­al and health con­cerns, and information
tech­no­logy secur­ity around the world.

The estab­lished firms already oper­at­ing in this area include Kroll,
Aegis, Garda, Con­trol Risks, GPW and Hakluyt & Co. More firms are
open­ing every day and there is little reg­u­la­tion of the sector.

Hakluyt & Co was foun­ded in 1995 by former Brit­ish MI6 officers,
with a repu­ta­tion for dis­creet and effect­ive invest­ig­a­tions. The
com­pany but­ler, a former gurkha, greets vis­it­ors to its Lon­don HQ, a
town house off Park Lane. In winter, meet­ings can be con­duc­ted beside
the fire. Com­puters are rarely in sight. Hakluyt’s advis­ory board has
become an exit cham­ber for cap­tains of industry and former government
offi­cials. Mem­bers have included Sir Rod Edding­ton, a former BA CEO,
and Sir Chris­toph­er Gent, former chief exec­ut­ive of Vodafone.

It is hard to work well for an oil com­pany without know­ing who all
the key decision-makers in a gov­ern­ment are and hav­ing the right
con­tacts to reach them,” explains Stéphane Gérardin, who runs the
French private secur­ity com­pany Géos. “We have an intel­li­gence section
where we employ some invest­ig­at­ive journ­al­ists, people from the finance
sec­tor, from equity banks and some from secur­ity backgrounds.

It is an import­ant part of image pro­tec­tion for our cli­ents as
well. We have our own track­ing and mon­it­or­ing centre, with analysts
doing risk map­ping and pre­par­ing our cli­ents for every potential
prob­lem. It could be about alert­ing them to loc­al sens­it­iv­it­ies. Or, in
this glob­al­ised inter­net age, it can be a group of stu­dents in
Cam­bridge who have launched a protest web­site, who may be send­ing out a
petition.

So we need to be able to under­stand and pre­pare our own propaganda
to counter such attacks. This is work we do to pro­tect our clients.”

Trusted friend

Like the state secur­ity ser­vices, which ended up run­ning Class War
in the 1990s after a hugely suc­cess­ful pen­et­ra­tion, these spies work to
become reli­able mem­bers of any protest move­ment. In April 2007, the
Cam­paign Against Arms Trade called in the police after court documents
showed that the weapons man­u­fac­turer BAE Sys­tems had paid a private
agency to spy on the peace group.

BAE admit­ted that it had paid £2,500 a month to LigneDeux
Asso­ci­ates, whose agent Paul Mer­cer — accep­ted as a trus­ted mem­ber of
the cam­paign — passed inform­a­tion, includ­ing a leg­ally privileged
doc­u­ment, to BAE’s dir­ect­or of secur­ity, Mike McGinty.

Unlike the secur­ity ser­vices, how­ever, these ser­vices don’t bother
with pen­et­rat­ing the far left or anti-fas­cist groups. Their cli­ents are
only inter­ested in the protest move­ments that threaten corporations.
And as that is the nature of much protest in these times, it is a wide
field, but with a par­tic­u­lar impact on envir­on­ment­al groups.

At any of this sum­mer­’s green protests the cor­por­ate spies will be
there, out-of-work MI5 agents tap­ping green act­iv­ists’ mobile phones to
sell the inform­a­tion on to inter­ested companies.

Rus­sell Corn knows of incid­ents where a spook at a meet­ing has
sug­ges­ted a high-street bank as a tar­get, then left the meet­ing to
phone the officers of said bank, telling them that he has pen­et­rated an
act­iv­ist camp plan­ning an attack and offer­ing to sell the details. Corn
has no time for such beha­viour, however.

The thing about a really good private spy,” he tells me, “is that you’ll nev­er know he’s around and he’ll nev­er get caught.

The fact you can­’t see them … it means noth­ing at all.” 

Boiling a Frog

Last Sunday George Bush gra­ciously flew into the UK for a final offi­cial vis­it before he steps down as pres­id­ent in Janu­ary next year. PM Gor­don Brown looked dis­tinctly uncom­fort­able at their joint press con­fer­ence, par­tic­u­larly when he had to announce that the UK would con­tin­ue to sup­port US mil­it­ary adven­tur­ism in the Middle East by send­ing yet more troops out there.

Of course, over the years many mil­lions of us opposed these illeg­al wars, but to no avail. This was the last oppor­tun­ity for peace pro­test­ers in the UK to vent their feel­ings towards Bush. The police respon­ded in an increas­ingly heavy-handed way, pen­ning the peacen­iks up, beat­ing inno­cent people around the head for no reas­on, and call­ing in the armoured riot police.

One friend of mine said that they were stand­ing there play­ing protest songs when sud­denly a wall of Rob­ocop lookalikes appeared and began to advance on them. My friend, a seasoned act­iv­ist, had nev­er seen any­thing quite like it; even he was unnerved. Anoth­er decided to make a stand. Well, to be exact, he lay down at their feet, pro­tec­ted only by Solomon his trusty Peace Dog.

Des­pite all this, the police per­sisted in blam­ing the pro­test­ers. Deputy Assist­ant Com­mis­sion­er Chris Allis­on announced that the Met would hold an enquiry and said: “We are ser­i­ously dis­ap­poin­ted by the irre­spons­ible and crim­in­al action of those who have chal­lenged police….”

Allis­on then went on to make a state­ment that chilled my heart: he said that the protest could have been used as a “cov­er” for ter­ror­ists tar­get­ing George Bush.

So this is what it has come to. Many intel­li­gent com­ment­at­ors over recent years have said that politi­cians and police use the threat of ter­ror­ism to gain more and more dra­coni­an powers. Time and again we have seen inno­cent people stopped for no good reas­on under Sec­tion 44 of the Ter­ror­ism Act. Infam­ously, this Act was also used to throw 87 year old Wal­ter Wolfgang out of a Labour Party con­fer­ence for heck­ling Jack Straw. Police can even arrest you now purely to ascer­tain your identity.

But for a seni­or police­man to claim that viol­ence is accept­able against peace cam­paign­ers as they might be har­bour­ing ter­ror­ists is one step bey­ond. The tac­tics the US army has used so dis­astrously on the streets of Bagh­dad have now been impor­ted to the streets of Westminster.

I have been say­ing for a long time that the laws are already in place for the UK to be defined as effect­ively a police state. The only reas­on that this is not yet obvi­ous to all is because these laws are not applied more widely. But per­haps we are see­ing the first signs of this now.

Where will this end? The Ger­man people did not just wake up one day in 1939 and find that they lived under a fas­cist régime. The pro­cess was slow, and the erosion of demo­cracy incre­ment­al. The vast major­ity was not even aware of what was hap­pen­ing to their coun­try until it was too late.

They say that if you put a frog in cold water, and then gradu­ally heat up the pot, the frog can­not detect the change in tem­per­at­ure fast enough and will sit there boil­ing to death. This, I fear, is what is hap­pen­ing to our democracy.

 

The Media and the Spies

The UK main­stream media has made much this week of Home Sec­ret­ary Jac­qui Smith’s asser­tion that MI5 had not reques­ted the government’s pro­posed exten­sion of the impris­on­ment without charge of ter­ror­ist sus­pects from 28 to 42 days.

This state­ment has caused a furore in the UK, and there is a chance that the PM may lose the key vote in Par­lia­ment on this amend­ment tomorrow.

In fact, such has been the uproar that the Dir­ect­or Gen­er­al of MI5, Jonath­an Evans, is repor­ted by Reu­ters to have made a rare pub­lic statement:

Since the secur­ity ser­vice is neither a pro­sec­ut­ing author­ity nor respons­ible for crim­in­al invest­ig­a­tions, we are not, and nev­er have been, the appro­pri­ate body to advise the gov­ern­ment on pre-charge deten­tion time lim­its,” he said in a state­ment on the MI5 website.

We have not, there­fore, sought to com­ment pub­licly or privately on the cur­rent pro­pos­als, except to say that we recog­nise the chal­lenge posed for the police ser­vice by the increas­ingly com­plex and inter­na­tion­al char­ac­ter of some recent ter­ror­ist cases.”

What par­tic­u­larly strikes me about this is an appar­ently insig­ni­fic­ant phrase, “raised pub­licly or privately”.

In con­trast to the Met­ro­pol­it­an Police Com­mis­sion­er Sir Ian Blair, who admit­ted to “unin­ten­tion­ally mis­lead­ing” the par­lia­ment­ary Joint Com­mit­tee charged with assess­ing the need to increase the deten­tion lim­it, Evans had refused to give evid­ence about the 42 day issue. So he has cer­tainly not raised this in a pub­licly account­able way.

It’s the word “private” that intrigues me. It reeks of sotto voce dis­cus­sions between old school chums at the grander gentlemen’s clubs in Lon­don: of unat­trib­ut­able brief­ings between anonym­ous MI5 officers and chosen journ­al­ists; and of cosy lunches with Fleet Street edit­ors in the DG’s din­ing room at Thames House, MI5’s Lon­don HQ.

While Evans denies using this meth­od­o­logy around the 42 day issue, his state­ment con­firms that such private dis­cus­sions do indeed play a part in influ­en­cing policy decisions and media perception.

I saw this approach first-hand in the 1990s dur­ing the whis­tleblow­ing years. In fact, it was then that MI5 stepped up its charm offens­ive with politi­cians and journ­al­ists. It was dur­ing one of the first of these cosy media lunches in Thames House, hos­ted by the then DG Steph­en Lander, that the respec­ted BBC Dip­lo­mat­ic Edit­or Mark Urb­an asked a fate­ful ques­tion about the Gad­dafi Plot and was reportedly told by Lander that “he was not here to answer half-baked ques­tions from smart-arse journ­al­ists”. So there were cer­tain short­falls in the charm, even if the lack of account­ab­il­ity held up well.

But there are oth­er, more sin­is­ter ways for the spies to manip­u­late pub­lic opin­ion. MI6 has a sens­it­ive sec­tion called Inform­a­tion Oper­a­tions (I/Ops), which exists purely to set the news agenda for the spies. I/Ops man­ages this either by mas­sa­ging the facts, spin­ning the tone of the story or, more wor­ry­ingly, plant­ing false stor­ies in a qui­es­cent press.

In the 1990s there was a fam­ous case. Col­on­el Gaddafi’s son, Saif Al Islam, applied for a visa to come to Bri­tain. I/Ops planted a com­pletely false story in The Sunday Tele­graph that he was involved in money laun­der­ing with Iran and, lo and behold, MI5 had the per­fect excuse to deny him a visa. Al Islam sub­sequently sued the news­pa­per which, faced with Shayler­’s evid­ence, settled out of court.

A few months ago the ex-head of MI6, Sir Richard Dear­love, gave a talk at the LSE about the intel­li­gence agen­cies and the media. I went along to have a laugh, and was gra­ciously allowed to ask a ques­tion. Nat­ur­ally I raised the issue of I/Ops, its rela­tion­ship with the media, and wheth­er such a role was accept­able in a mod­ern democracy.

In the con­text of the talk, what could have been more per­tin­ent? How­ever, Dear­love declined to answer. In fact, he went so far as to say that such a mat­ter was “with­in the ring of secrecy”. At which point a journ­al­ist from a pres­ti­gi­ous nation­al news­pa­per who was sit­ting next to me, turned and said glee­fully that this at last proved that I/Ops exis­ted. Grat­i­fy­ing as this was, I shall reit­er­ate my ques­tion: is the role of I/Ops accept­able in a mod­ern demo­cracy, where we are sup­posed to enjoy free­dom of inform­a­tion, trans­par­ency and account­ab­il­ity from the powers-that-be?

IT Defense Conference, Hamburg January 2008

In Janu­ary 2008 I spoke at the IT Defense Con­fer­ence in Ham­burg in Janu­ary 2008.  This is a sum­mary of my talk.

The Spy­ing Game? – Annie Machon

I gave a present­a­tion about the role of intelligence
agen­cies in the cur­rent era of the unend­ing “war on ter­ror”, how they
mon­it­or us, and the implic­a­tions for our democracies.

In the name of pro­tect­ing nation­al secur­ity, spy agen­cies are being
giv­en sweep­ing new powers and resources. Their intel­li­gence has been
politi­cised to build a case for the dis­astrous war in Iraq, they are
fail­ing to stop ter­ror­ist attacks, and they con­tin­ue to col­lude in
illeg­al acts of intern­ment and tor­ture, euphemist­ic­ally called
“extraordin­ary rendi­tion”. Most west­ern demo­cra­cies have already given
so many new powers to the spies that we are effect­ively liv­ing in
police states. As an informed com­munity, what can we do about this?
t‑style: nor­mal; font-vari­ant: nor­mal; font-weight: nor­mal; font-size: 7pt; line-height: nor­mal; font-size-adjust: none; font-stretch: nor­mal;”> The illeg­al MI6
assas­sin­a­tion attempt against Col­on­el Gad­dafi of Libya

Terrorism Act used against Journalist

A wor­ry­ing art­icle in today’s Guard­i­an by the indefatig­able Duncan Camp­bell, in which he reports that police are using the Ter­ror­ism Act (2000) to try to force a journ­al­ist to hand over inform­a­tion from a source.

This issue is the scared cow of journ­al­ism – that they nev­er reveal their sources. To do so would imme­di­ately deter whis­tleblowers from speak­ing in con­fid­ence to the media, and gov­ern­ment crimes and lies would remain secret. The pro­tec­tion of journ­al­ist­ic sources con­trib­utes to safe­guard­ing our demo­cracy, as legis­la­tion such as the Free­dom of Inform­a­tion Act (2000) is effect­ively tooth­less when up against the inner work­ings of the state.

Because of this, journ­al­ists with integ­rity in this coun­try and abroad are will­ing to risk pris­on rather than hand over their notes. As Camp­bell remarks, this happened to Mar­tin Bright in 2000 when he was Home Affairs Edit­or at The Observ­er. The Met­ro­pol­it­an Police Spe­cial Branch went crash­ing into the offices on Far­ring­don Road, demand­ing that he hand over all his notes on the Shayler case. More bizar­rely, they also deman­ded a let­ter Shayler had sent to The Guard­i­an, even though it had already been pub­lished in the news­pa­per. Thank­fully for Mar­tin, the Nation­al Uni­on of Journ­al­ists sup­por­ted him, and the police even­tu­ally backed off.

The fact that the police are using the Ter­ror­ism Act as is a wor­ry­ing new devel­op­ment. But it’s not just pro­duc­tion orders from the police that journ­al­ists and news­pa­pers have to be wor­ried about. The author­it­ies have a range of weapons in their arsen­al if they choose to sup­press inform­a­tion eman­at­ing from inner gov­ern­ment circles or the intel­li­gence world. And yet it is with­in these very circles that the most hein­ous crimes and viol­a­tions are com­mit­ted, and whence the most sig­ni­fic­ant whis­tleblowers tend to emerge. Think Dr Dav­id Kelly, Dav­id Shayler, Kath­er­ine Gun.

So, what else can the author­it­ies use to sup­press val­id cri­ti­cism? Well, firstly and most notori­ously, we have the Offi­cial Secrets Act in the UK. This does not just pre­vent intel­li­gence officers and noti­fied gov­ern­ment offi­cials from ever speak­ing to any­one out­side the agency about any­thing, ever (Sec­tion 1(1)). Slightly less well known is Sec­tion 5, which makes it a crime for any journ­al­ist to receive or eli­cit inform­a­tion from these whis­tleblowers that dam­ages “nation­al secur­ity” (the term to this day remains undefined). Of course, as we saw in the Shayler case, the gov­ern­ment is always extremely reluct­ant to cross the media and enforce this, so it is usu­ally just the unfor­tu­nate whis­tleblower who is hung out to dry.

If the threat of the OSA fails, the gov­ern­ment can always find a tame judge to issue an emer­gency injunc­tion. Again, this happened in the Shayler case, when an injunc­tion was taken out both against him and the UK’s nation­al media. Need­less to say, the injunc­tion against the media was dropped (even this gov­ern­ment quailed at the pro­spect of tak­ing on News Inter­na­tion­al and the Mail group), but remains in place to this day against the hap­less whistleblower.

This injunc­tion is no small thing. The government’s law­yers have used it to fright­en off pub­lish­ers from even look­ing at a nov­el (that’s right – a work of fic­tion) that Shayler wrote in 1998. Let­ters winged their way from gov­ern­ment law­yers to UK pub­lish­ers in Lon­don in 1999. And when Shayler built a web­site, hos­ted by Tab­net in Cali­for­nia, the gov­ern­ment wrote to them point­ing out that there was an injunc­tion in place and ask­ing for the site to be taken down. Tab­net gently poin­ted out that per­haps the Brit­ish gov­ern­ment had for­got­ten about 1776, and con­tin­ued to host the site.

If the OSA and injunc­tions are not enough, we also have the notori­ous D Notice Com­mit­tee (now rebranded as the Defence Press and Broad­cast­ing Advis­ory Com­mit­tee), a body that can block pub­lic­a­tion of a story by issu­ing a notice at the say-so of the gov­ern­ment. Very appro­pri­ate in a so-called demo­cracy. What makes it worse is that the Com­mit­tee is made up of volun­teers from amongst the great and the good from the media world, as well as rep­res­ent­at­ives from gov­ern­ment depart­ments. These guys, seni­or edit­ors and TV exec­ut­ives, enter the charmed inner circle and start to police their own industry. It’s amaz­ing how quickly new appointees go nat­ive and fight the government’s corner.

So there you have it – a whole bat­tery of laws to pro­tect the Brit­ish Estab­lish­ment from the scru­tiny and con­struct­ive cri­ti­cism of the media. When a journ­al­ist of integ­rity stands up to the author­it­ies, we should all sup­port them. They are provid­ing a cru­cial ser­vice of vent­il­a­tion and account­ab­il­ity for our retreat­ing demo­cracy. I wish Shiv Malik, the freel­an­cer at the eye of the cur­rent storm, the very best.

 

Cockle Rustlers under Surveillance

Four times in the past three years, powers designed to catch ter­ror­ists have been deployed against poten­tial cockle rust­lers on the sands out­side Poole Har­bour in Dor­set. I kid you not. The Inde­pend­ent news­pa­per yes­ter­day repor­ted that Poole Bor­ough Coun­cil had used the sweep­ing sur­veil­lance of the Reg­u­la­tion of Invest­ig­at­ory Powers Act (2000), oth­er­wise known as RIPA, to police the cockle fish­er­men of Dorset.

RIPA was inten­ded (the gov­ern­ment told us in 2000) merely to update for the inter­net age the old Inter­cep­tion of Com­mu­nic­a­tions Act (1985) that for the first time had reg­u­lated the intrus­ive sur­veil­lance car­ried out by spooks and police. In fact, the Grim RIPA massively expan­ded state intru­sion into our per­son­al lives, so that nine gov­ern­ment organ­iz­a­tions, includ­ing the secur­ity ser­vices and police, and 792 pub­lic author­it­ies (of which 474 are loc­al coun­cils) now have the powers to snoop on our private com­mu­nic­a­tions, and then some.

In fact, doc­u­ments dis­closed under the Free­dom of Inform­a­tion Act sug­gest that Poole Bor­ough Coun­cil may have the dubi­ous dis­tinc­tion of being the nosi­est in the UK, using RIPA not only to police its waters, but also to check on the res­id­en­tial status of loc­als, dam­age caused to traffic bar­ri­ers or oth­er minor infrac­tions. Hardly the stuff of James Bond.

Inad­vert­ently, Poole Coun­cil has provided a clas­sic case of reduc­tio ad absurdum, but this can be use­ful in high­light­ing more ser­i­ous flaws.

In the last dec­ade we have seen a slew of laws passed by our elec­ted rep­res­ent­at­ives in par­lia­ment that are poten­tially dan­ger­ous to our demo­cracy and way of life. All these laws have been whipped through par­lia­ment, and the media has ten­ded not to give them much consideration.

One such law that springs to mind is the Civil Con­tin­gen­cies Act (2004). This was passed with barely a mur­mur and, in the wake of the foot and mouth crisis, was deemed to be A Good Thing. How­ever, the dev­il is always in the detail. This law allows any seni­or gov­ern­ment min­is­ter, at the stroke of a pen, to declare a 30 day state of emer­gency. Under these terms, the author­it­ies can pre­vent our free asso­ci­ation at polit­ic­al meet­ings or demon­stra­tions, they can quar­ant­ine us, or pre­vent us mov­ing freely around our coun­try. They can even seize our homes, demol­ish them, and not have to pay a penny in com­pens­a­tion, as this will have been done to pro­tect “nation­al security”.

But the real stinker was the draft of the Legis­lat­ive and Reg­u­lat­ory Reform Act (2006). If Blair had suc­ceeded in passing this law, it would have spelled the end of 700 years of par­lia­ment­ary demo­cracy in Bri­tain. Had the ori­gin­al draft been approved, any seni­or gov­ern­ment min­is­ter could have abol­ished any law pre­vi­ously passed by our Houses of Parliament.

Not for noth­ing was this nick­named the “Abol­i­tion of Par­lia­ment Bill” (well, that and the fact that its form­al title is a tongue-twister – try say­ing it out loud!). Fol­low­ing a cit­izens’ cam­paign, the Bill was watered down as it passed through the Houses of Par­lia­ment. How­ever, even though lim­ited safe­guards have been intro­duced, min­is­ters are still in a pos­i­tion to tinker with any Brit­ish laws except the Human Rights Act. So, the tend­ency for author­it­ari­an gov­ern­ment may have been reined in this time, but we need to remain vigilant.

Many people are aware and are also appre­hens­ive of how these laws could be mis­used against the cit­izens of the UK if a more ruth­less and dra­coni­an gov­ern­ment were in power. Many com­ment­at­ors say we are sleep-walk­ing towards a police state. The tragedy is that we are pretty much there – most of the neces­sary laws are in place. It is time for us all to re-engage in the demo­crat­ic pro­cess and halt this rush towards a com­pletely unac­count­able government.

CCTV doesn’t prevent crime

So, the argu­ment about CCTV and our big broth­er soci­ety rumbles on. A seni­or police­man, Detect­ive Chief Inspect­or Mick Neville of the Visu­al Images, Iden­ti­fic­a­tions and Detec­tions Office (Viido) at New Scot­land Yard, has been quoted as say­ing that only 3 per cent of crimes have been solved by CCTV evid­ence. Des­pite the UK hav­ing the highest per cap­ita num­ber of CCTVs in the world, this brave new world has failed to make us safer.

A few oth­er police forces, and nat­ur­ally the secur­ity com­pan­ies flog­ging the kit, say that CCTV has at least dra­mat­ic­ally reduced oppor­tun­ist­ic crimes. Who should we believe?

What can­not be dis­puted is the fact that there are well over 4,000,000 CCTVs in this coun­try, and the organ­isa­tion, Pri­vacy Inter­na­tion­al, assesses that we are the most watched cit­izenry in Europe.

While some law-abid­ing cit­izens say they feel intim­id­ated by CCTV and how the inform­a­tion could poten­tially be mis­used, most people seem not to care. In fact, the major­ity appar­ently feel safer if they can see CCTV on the streets, even if this per­vas­ive sur­veil­lance has in no way dis­cour­aged crimes of viol­ence. So why this gap between per­cep­tion and reality?

One of my pet the­or­ies has always been to blame Big Broth­er. No, not the book. I have always been flum­moxed by the pop­ular­ity of the TV show and the pleth­ora of real­ity TV spin-offs. My instinct­ive reac­tion was that it was sim­il­ar to being “groomed” to accept round-the-clock intru­sion into our per­son­al lives. More than accept – desire it. The clear mes­sage is that such sur­veil­lance can lead to instant fame, wealth and access to the Z‑list parties of Lon­don. And for that we are sleep-walk­ing into a real Orwellian nightmare.

Slightly flip­pant the­or­ies aside, it is inter­est­ing that one of the most cited examples of the need for CCTV was the Bish­opsgate bomb­ing in Lon­don in 1993. In this case a lorry bomb, filled with a tonne of home made explos­ive (HME) was det­on­ated in the heart of the city of Lon­don by the IRA. One per­son was killed, many were injured, and hun­dreds of mil­lions of pounds worth of dam­age was caused, not to men­tion the fact threat the IRA scored a huge pub­li­city coup.

But this had noth­ing to do with the lack or oth­er­wise of CCTV in the streets of the City. It was an intel­li­gence fail­ure, pure and simple.

This attack could and should have been pre­ven­ted. It occurred while I was work­ing in MI5, and it was widely known in the ser­vice at the time that the bomber should have been arres­ted six months before dur­ing a sur­veil­lance oper­a­tion. Des­pite the fact that he was seen check­ing out anoth­er lorry bomb in stor­age, he was allowed to walk free and escape to the Repub­lic of Ire­land due to pro­ced­ur­al cock-ups. Months later, he returned to the City and bombed Bishopsgate.

By rely­ing increas­ingly on tech­no­lo­gies to pro­tect us, we are fol­low­ing in the foot­steps of the Amer­ic­ans. They have always had an over-reli­ance on gad­gets and giz­mos when seek­ing to invest­ig­ate crim­in­als and ter­ror­ists: satel­lite track­ing, phone taps, bugs. But this hoover­ing up of inform­a­tion is nev­er an adequate replace­ment for pre­cise invest­ig­at­ive work. Plus, any crim­in­al or ter­ror­ist worth their salt these days knows not to dis­cuss sens­it­ive plans electronically.

Scat­ter-gun approaches to gath­er­ing intel­li­gence, such as blanket sur­veil­lance, still at this stage require human beings to pro­cess and assess it for evid­en­tial use. That, accord­ing to DCI Neville, is part of the prob­lem. There is just too much com­ing in, not enough staff, insuf­fi­cient co-oper­a­tion between forces, and the job lacks per­ceived status with­in the police.

The oth­er prob­lem of an over-reli­ance on tech­no­logy is that it can always be hacked. The most recent hack­ing has broken the RFID chips that we all carry in our pass­ports, Oyster cards and the planned ID cards. New tech­no­lo­gies can­not guar­an­tee that our per­son­al data is secure, so rather than pro­tect­ing us, they make us more liable to crimes such as iden­tity theft.

So once again nation­al and loc­al gov­ern­ment bod­ies have rushed to buy up tech­no­logy, without fully think­ing through either its applic­a­tion or its use­ful­ness. And without fully assess­ing the implic­a­tions for a free soci­ety. Just because the tech­no­logy exists, it does not mean that it is fit for pur­pose, nor that it will make us safer.