The End of Privacy and Freedom of Thought?

I saw this chilling report in my Twit­ter feed today (thanks @Asher_Wolf): Tel­stra is imple­ment­ing deep pack­et inspec­tion tech­no­logy to throttle peer to peer shar­ing over the internet.

Des­pite being a clas­si­cist not a geek by train­ing, this sounds like I know what I’m talk­ing about, right?  Well some­what to my own sur­prise, I do, after years of expos­ure to the “hackt­iv­ist” eth­os and a grow­ing aware­ness that geeks may our last line of defence against the cor­por­at­ists.  In fact, I recently did an inter­view on The Keiser Report about the “war on the internet”.

Offi­cially, Tel­stra is imple­ment­ing this cap­ab­il­ity to pro­tect those fra­gile busi­ness flowers (surely “broken busi­ness mod­els” — Ed) with­in the enter­tain­ment and copy­right indus­tries — you know, the com­pan­ies who pimp out cre­at­ive artists, pay most of them a pit­tance while keep­ing the bulk of the loot for them­selves, and then whine about how P2P file shar­ing and the cir­cu­la­tion and enjoy­ment of the artists’ work is theft?

But who, ser­i­ously, thinks that such tech­no­logy, once developed, will not be used and abused by all and sun­dry, down to and includ­ing our bur­geon­ing police state appar­at­us? If the secur­ity forces can use any tool, no mat­ter how sor­did, they will do so, as has been recently repor­ted with the UK under­cov­er cops assum­ing the iden­tit­ies of dead chil­dren in order to infilt­rate peace­ful protest groups.

Writer and act­iv­ist, Cory Doc­torow, summed this prob­lem up best in an excel­lent talk at the CCC hack­er­fest in Ber­lin in 2011:

The shred­ding of any notion of pri­vacy will also have a chilling effect not only on the pri­vacy of our com­mu­nic­a­tions, but will also res­ult in our begin­ning to self-cen­sor the inform­a­tion we ingest for fear of sur­veil­lance (Nazi book burn­ings are so 20th Cen­tury).  It will, inev­it­ably, also lead us to self-cen­sor what we say and what we write, which will slide us into an Orwellian dysto­pia faster than we could say “Aaron Swartz”.

As Columbi­an Pro­fess­or of Law, Eben Moglen, said so elo­quently last year at anoth­er event in Ber­lin — “free­dom of thought requires free media”:

Two of my favour­ite talks, still freely avail­able on the inter­net. Enjoy.

The Keiser Report — my recent interview

My recent inter­view on Max Keiser­’s excel­lent RT show, The Keiser Report, appar­ently now the most watched Eng­lish lan­guage news com­ment­ary show across the world.

We were dis­cuss­ing such happy sub­jects as the war on ter­ror, the war on drugs, but pre­dom­in­antly the war on the internet:

Echelon Redux

Just a quick­ie, as this is some sort of hol­i­day sea­son appar­ently.  How­ever, this did annoy me.   In the same way that Pres­id­ent Obama signed the invi­di­ous NDAA on 31st Decem­ber last year, des­pite his prot­est­a­tions about veto­ing etc, it appears the US gov­ern­ment has sneaked/snuck through (please delete as appro­pri­ate, depend­ing on how you pro­nounce “tomato”) yet anoth­er dra­coni­an law dur­ing the fest­ive sea­son, which appar­ently fur­ther erodes the US con­sti­tu­tion and the civil rights of all Americans.

Yet anoth­er prob­lem for our benighted cous­ins across the pond, you might think.  But as so often hap­pens these days, bonkers Amer­ic­an laws can affect us all.

Yes­ter­day the Sen­ate approved an expan­sion of the terms of the For­eign Intel­li­gence Sur­veil­lance Act (FISA).  This allows the US intel­li­gence ser­vices to hoover up, if you’ll par­don the mild intel­li­gence joke, the emails of god-fear­ing, law-abid­ing Amer­ic­ans if they are exchan­ging emails with pesky foreigners.

Well of course the whole world now knows, post 9/11, that all for­eign­ers are poten­tial ter­ror­ists and are now being watched/snatched/extraordin­ar­ily rendered/tor­tured/assas­sin­ated with impun­ity.  In Europe we have had many people suf­fer this way and some have man­aged to achieve recog­ni­tion and resti­tu­tion.  That appears to do little to stop the drone wars and blood-let­ting that the USA has unleashed across the Middle East.

But the NDAA and the exten­ded FISA should at least rouse the ire of Amer­ic­ans them­selves: US cit­izens on US soil can now poten­tially be tar­geted.  This is new, this is dan­ger­ous, right?

Well, no, not quite, as least as far as the inter­cep­tion of com­mu­nic­a­tions goes.

The Ech­el­on sys­tem, exposed in 1988 by Brit­ish journ­al­ist Duncan Camp­bell and rein­vestig­ated in 1999, put in place just such a (leg­ally dubi­ous) mech­an­ism for watch­ing domest­ic cit­izens.  The sur­veil­lance state was already in place, even if through a back door, as you can see from this art­icle I wrote 4 years ago, which included the fol­low­ing paragraph:

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.

The only dif­fer­ence now is that FISA has come blast­ing through the front door, and yet people remain quiescent.

The Free Speech Debate

My recent inter­view for the excel­lent Oxford Uni­ver­sity Free Speech Debate pro­ject, run by Pro­fess­or Timothy Gar­ton Ash.  I dis­cuss whis­tleblow­ing, the Offi­cial Secrets Act, Wikileaks and much more:

Asymmetric Extradition — the American Way

Pub­lished in the Huff­ing­ton Post UK, The Real News Net­work, and Inform­a­tion Clear­ing House

I blame my part­ner. There I was hav­ing a per­fectly nice day off, poot­ling my way through the Sunday news­pa­pers and find­ing such intriguing art­icles about the fact that Bri­tain has invaded all but 22 coun­tries around the world over the cen­tur­ies (France is the second most pro­lif­ic invader but also has the dubi­ous dis­tinc­tion of being the coun­try most invaded by Bri­tain, apparently).

Then he has to go and say “well, if the US ignores oth­er coun­tries’ laws, why should we be sub­ject to theirs?”. This post is the unavoid­able result.

I had made the tac­tic­al blun­der of shar­ing two art­icles with him.  The first was an excel­lent inter­view in today’s Inde­pend­ent with news supremo and fin­an­cial sub­vers­ive, Max Keiser; the second was an art­icle I found in my Twit­ter stream from the indefatig­able Julia O’D­wyer about her son’s ongo­ing leg­al fight in the UK.

The con­nec­tion?  Unfor­tu­nately and rather inev­it­ably these days — extradition.

Richard O’D­wyer is the Shef­field stu­dent who is cur­rently wanted by the USA on copy­right infringe­ment charges.  Using a bit of old-fash­ioned get-up-and-go, he set up a web­site called tvshack​.com, which appar­ently acted as a sign-post­ing ser­vice to web­sites where people could down­load media.  Put­ting aside the simple argu­ment that the ser­vice he provided was no dif­fer­ent from Google, he also had no copy­righted mater­i­al hos­ted on his website.

Richard has lived all his life in the UK, and he set up his web­site there.  Under UK law he had com­mit­ted no crime.

How­ever, the Amer­ic­an author­it­ies thought dif­fer­ently.  O’D­wyer had registered his web­site as a .com and the US now claims that any web­site, any­where in the world, using a US-ori­gin­ated domain name (com/org/info/net etc) is sub­ject to US law, thus allow­ing the Amer­ic­an gov­ern­ment to glob­al­ise their leg­al hege­mony. The most notori­ous recent case was the illeg­al US intel­li­gence oper­a­tion to take down Megaup­load and arrest Kim Dot­com in New Zea­l­and earli­er this year.

This has already res­ul­ted in for­eign web­sites that attract the wrath of the US author­it­ies being taken down, with no warn­ing and no due pro­cess. This is the cyber equi­val­ent of drone war­fare and the pres­id­en­tially-approved CIA kill list.

As a res­ult, not only was O’D­wyer­’s web­site sum­mar­ily taken down, he is now facing extra­di­tion to the US and a 10 year stretch in a max­im­um secur­ity pris­on.  All for some­thing that is not even a crime under UK law.  His case echoes the ter­rible 10-year ordeal that Gary McKin­non went through, and high­lights the appalling prob­lems inher­ent in the invi­di­ous, one-sided UK/USA Extra­di­tion Act.

So how does this link to the Max Keiser inter­view? Read­ing it reminded me of an invest­ig­a­tion Keiser did a few years ago into the extraordin­ary rendi­tion of a “ter­ror­ist sus­pect”, Abu Omar, from Italy to Egypt where he was inev­it­ably, hor­rific­ally tor­tured.  Since then, 23 CIA officers have now been tried under Itali­an law and found guilty of his kid­nap­ping (let’s not mince our words here).  The Mil­an Head of Sta­tion, Robert Lady is now wanted in Italy to serve his 9‑year sen­tence, but the US gov­ern­ment has refused to extra­dite him.

So let’s just reit­er­ate this: on the one hand, the US demands EU cit­izens on sus­pi­cion that they may have com­mit­ted a cyber-crime accord­ing to the diktats of Amer­ic­an law, which we are all now sup­posed to agree has a glob­al­ised reach; on the oth­er hand, US cit­izens who have already been con­victed by the due leg­al pro­cess of oth­er West­ern demo­cra­cies are not handed over to serve their sen­tences for appalling crimes involving kid­nap­ping and torture.

I have writ­ten at length about Amer­ica’s asym­met­ric extra­di­tion laws, but this is tak­ing the sys­tem to new heights of hypocrisy.

Just why, indeed, should European coun­tries reli­giously obey Amer­ica’s self-styled glob­al leg­al domin­ion and hand over its cit­izens, pre­sumed inno­cent until proven guilty, to the bru­tal and dis­pro­por­tion­ate US leg­al sys­tem?  Espe­cially when the US brushes aside the due leg­al pro­cesses of oth­er demo­cra­cies and refuses to extra­dite con­victed felons?

It appears that the USA is in a hurry to reach and breach Bri­tain’s record for for­eign inva­sions. But in addi­tion to old-fash­ioned mil­it­ary incur­sions, Amer­ica is also going for full-spec­trum leg­al dominance.

The Real News Network Interview on Whistleblowing

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

Gestapo Courts

Pub­lished in The Huff­ing­ton Post UK, 30 Septem­ber 2012

Pub­lished in The Real News Net­work, 30 Septem­ber 2012

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Have we learned nothing?

Interview for the Release newsletter, “TalkingDrugs”

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

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

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

Here’s the link, and here’s the text:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Scorpion Stare

I have writ­ten over the years about the encroach­ing sur­veil­lance state, the spread of CCTV and the increas­ing use of drones in our skies.  When the North East of Eng­land intro­duced talk­ing CCTV cam­er­as that could bark orders at passing ped­es­tri­ans in 2008, I thought that we were fast approach­ing the reduc­tio ad absurdum point — and indeed this sub­ject has raised a wry laugh from audi­ences around the world ever since.

Recently I have been read­ing with dis­may a slew of art­icles about the increas­ing cor­por­at­isa­tion of the sur­veil­lance state.  First I stumbled across a piece describ­ing Face­book’s latest innov­a­tion, Facedeal: cam­er­as planted in shops and bars that will use the facial recog­ni­tion and tag­ging abil­it­ies of FB to recog­nise you as a val­ued cus­tom­er and offer you a dis­count, simply because you have signed up to this Big Broth­er app on Facebook.

Add this to the fact that Face­book is prob­ably, well, an open book for to the entire US secur­ity appar­at­us, and you can see the poten­tial abuse of this sys­tem.  We shall effect­ively be bribed to allow ourselves to be spied on.

Facedeal is being trialed in the US.  Some European coun­tries, most not­ably Ger­many, have already stated that data recog­ni­tion tech­no­logy used even just for photo “tag­ging” is or could be deemed illeg­al. Ger­many spe­cific­ally has reg­u­la­tions that allow Inter­net users con­trol over their data. They are not going to like Facedeal.

Secondly, it was repor­ted today that Google had pat­en­ted intel­li­gent image recog­ni­tion tech­no­logy.  Com­bine this cap­ab­il­ity with Googles Earth and Street, and we are poten­tially look­ing at a truly pan­op­ticon soci­ety.  The Ger­mans are really not going to like that. (Nor indeed will cer­tain of the French, includ­ing the man who earli­er this year tried to sue Google after being pho­to­graphed hav­ing a pee in his own front garden).

Thirdly, Boe­ing has tri­umphantly launched the concept of the drone swarm, oper­at­ing with a hive men­tal­ity and upping the cap­ab­il­it­ies of mil­it­ary sur­veil­lance expo­nen­tially, while tak­ing much of the risk out of any operation.

And finally, the Wikileaks story about Trap­Wire. This first emerged as yet anoth­er bonkers Amer­ic­an scheme, where the foot­age from CCTV street cam­er­as was being main­lined into the secur­ity appar­at­us. Sub­sequently, it has emerged via Wikileaks that Trap­wire is also being used in oth­er west­ern coun­tries, includ­ing the UK.

Not only can the securo­crats watch you, they too are installing face recog­ni­tion soft­ware that can identi­fy you. While this may not yet be as accur­ate as the spies might wish, Trap­Wire has also installed pre­dict­ive soft­ware that appar­ently can assess wheth­er you are act­ing, loiter­ing or walk­ing in a sus­pi­cious man­ner.  So you could pre-empt­ively be assessed to be about to com­mit a crime or an act of ter­ror­ism and, no doubt, appro­pri­ately and pre-empt­ively “dealt with”.

All of which must be so reas­sur­ing to protest groups such as Occupy, which have been sub­ject to massive CCTV sur­veil­lance in NYC and which have been labelled a “terrorist/extremist threat” in the City of London.

At the risk of sound­ing alarm­ist, we now all know what “being dealt with” in this era of anti-act­iv­ist SWAT teams, drone strikes and kill lists can poten­tially entail.

So where does this leave us as con­cerned cit­izens?  It strikes me that we are being cata­pul­ted into some sci-fi dysto­pia bey­ond even Orwell’s wild­est ima­gin­ings.  Any fan of mod­ern thrillers and sci-fi will be famil­i­ar with the concept of integ­rated super-com­puters that can watch our every move via CCTV.

The lat­ter is what Trap­Wire et al are work­ing towards.  These new tech­no­lo­gies remind me of a story line from a won­der­ful series of books called the The Laun­dry Files by Charles Stross.  These nov­els are a per­fect of mer­ging of Len Deighton’s lac­on­ic spy fic­tion, à la Harry Palmer, with the geek uni­verse and bey­ond. And, at the risk of a spoil­er, one of the story lines envis­ages a cent­ral­ised and weapon­ised CCTV sys­tem, main­lin­ing into the secret ser­vices, that can be turned on UK cit­izens if the bal­loon goes up. This sys­tem is code­named the “Scor­pi­on Stare”.

Sounds far-fetched? Well The Laun­dry Files are a rol­lick­ing good read, but do bear in mind not only that our CCTV sys­tems may be cent­ral­ised cour­tesy of Trap­Wire, but also that vari­ous law enforce­ment agen­cies in the UK are using micro-drones to spy on pro­test­ers, and that they have reportedly enquired if these drones could be weaponised.….

So it all depends on how you define the bal­loon, I suppose.

Pub­lished in The Huff­ing­ton Post UK, 3 Septem­ber 2012

The Olympics — Welcome to the Machine

Pub­lished in The Huff­ing­ton Post UK, 27 July 2012

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

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

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

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

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

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

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

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

Why do I say this is one step beyond?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Vae vic­tis.

What whistleblowers want

Whis­tleblowers want the sun and the moon — or at least they want to get their inform­a­tion out there, they want to make a dif­fer­ence, they want a fair hear­ing, and they don’t want to pay too high a per­son­al price for doing so.

Is that too much to ask? The decision to expose crimin­al­ity and bad prac­tice for the pub­lic good has ser­i­ous, life-chan­ging implications.

By going pub­lic about ser­i­ous con­cerns they have about their work­place, they are jeop­ard­ising their whole way of life: not just their pro­fes­sion­al repu­ta­tion and career, but all that goes with it, such as the abil­ity to pay the mort­gage, their social circle, their fam­ily life, their rela­tion­ship…  Plus, the whis­tleblower can poten­tially risk pris­on or worse.

So, with these risks in mind, they are cer­tainly look­ing for an aven­ue to blow the whistle that will offer a degree of pro­tec­tion and allow them to retain a degree of con­trol over their own lives.  In the old days, this meant try­ing to identi­fy an hon­our­able, cam­paign­ing journ­al­ist and a media organ­isa­tion that had the clout to pro­tect its source.  While not impossible, that could cer­tainly be dif­fi­cult, and becomes increas­ingly so in this era of endem­ic elec­tron­ic surveillance.

Today the oth­er option is the secure, high-tech pub­lish­ing con­duit, as trail-blazed by Wikileaks. While this does not provide the poten­tial bene­fits of work­ing with a cam­paign­ing journ­al­ist, it does provide anonym­ity and a cer­tain degree of con­trol to the mod­ern whis­tleblower, plus it allows their inform­a­tion to reach a wide audi­ence without either being filtered by the media or blocked by gov­ern­ment or cor­por­ate injunctions.

As someone who has a nod­ding acquaint­ance with the reper­cus­sions of blow­ing the whistle on a secret gov­ern­ment agency, I have liked the Wikileaks mod­el since I first stumbled across it in 2009.

As with most truly revolu­tion­ary ideas, once pos­ited it is blind­ingly obvious.

Nev­er before has this been tech­nic­ally pos­sible — the idea that a whis­tleblower­’s inform­a­tion could be made freely avail­able to the cit­izens of the world, in order to inform their demo­crat­ic choices, with no block­age, not cen­sor­ship, no fil­ter­ing or “inter­pret­a­tion” by the cor­por­ate media.

This is par­tic­u­larly rel­ev­ant in an age when the glob­al media has been con­sol­id­ated in the hands of a few mul­tina­tion­als, and when these mul­tina­tion­als have a cer­tain, shall we say “cosy”, rela­tion­ship with many of top our politi­cians and power elites.

The con­trol of the main­stream media by the spooks and gov­ern­ments has been the focus of many of my recent talks.  These cor­rupt inter-rela­tion­ships have also been recently laid bare with the News Inter­na­tion­al phone-hack­ing scandals.

The days of gar­ner­ing news from one favoured paper or TV bul­let­in are long gone. Few people now trust just one media out­let — they skip across a vari­ety of news sources, try­ing to eval­u­ate the truth for them­selves. But even that can be prob­lem­at­ic when some­thing big occurs, such as the “jus­ti­fic­a­tion” for the inva­sion of Iraq or Libya, and the cur­rent beat of war drums against Iran, when the cor­por­ate media mys­ter­i­ously achieves a consensus.

Hence the demo­crat­ic dis­con­nect, hence the dis­trust, and hence (in part) the plum­met­ing profits of the old media.

Wikileaks is based on a simple concept —  it allows the people to read the source mater­i­al for them­selves and make up their own minds based on real inform­a­tion.  This led to expos­ure of all kinds of glob­al nas­ties way before the massive 2010 US data-dump.

Des­pite this approach, the impact was ini­tially sub­dued until Wikileaks col­lab­or­ated with the old media.  This, as we all know, did indeed pro­duce the cov­er­age and aware­ness of those issues deemed import­ant as it was filtered through the MSM. This has also inev­it­ably lead to ten­sions between the new mod­el hackt­iv­ists and the old-school journalists.

No gov­ern­ment, least of all the USA, likes to have demands for justice and trans­par­ency forced upon it, and the push back since 2010 has been massive across the world in terms of an appar­ently illeg­al fin­an­cial block­ade, opaque leg­al cases and a media back­lash. Cer­tain of Wikileak­s’s erstwhile media part­ners have col­lab­or­ated in this, turn­ing on one of their richest sources of inform­a­tion in history.

How­ever, Wikileaks is more than a media source.  It is a whole new mod­el — a high-tech pub­lish­er that offers a safe con­duit for whis­tleblowers to cache and pub­li­cise their inform­a­tion without imme­di­ately hav­ing to over­turn (and in some cases risk) their lives.

For this work, Wikileaks has over the years won a num­ber of inter­na­tion­ally pres­ti­gi­ous journ­al­ism awards.

Inev­it­ably, crit­ics in the main­stream media seem to want to have their cake and eat it too: one early part­ner, the New York Times, has writ­ten that it does­n’t recog­nise Wikileaks as a journ­al­ist organ­isa­tion or a pub­lish­er — it is a source, pure and simple.

Either way, by say­ing this the media are surely shoot­ing them­selves in the cor­por­ate feet with both bar­rels. If Wikileaks is indeed “just” a source (the NYT seems to be blithely for­get­ting that good journ­al­ism is entirely depend­ent on its sources), then the media are break­ing their prime dir­ect­ive: pro­tect a source at all costs.

How­ever, if Wikileaks is a journ­al­ism or pub­lish­ing organ­isa­tion and as such is being tar­geted by the US gov­ern­ment, then all oth­er media are surely equally at risk in the future?

By not stand­ing up for Wikileaks in either capa­city, it appears that the old media have a death wish.

Over the years whis­tleblowers around the world have demon­strated their trust in Wikileaks, as it was set up by someone emer­ging from the ori­gin­al bona fide hack­er com­munity.   And rightly so — let’s not for­get that no source has been exposed through the fail­ure of the organ­isa­tion’s technology.

Many media organ­isa­tions rushed to emu­late its suc­cess by try­ing to set up their own “secure” whis­tleblow­ing repos­it­or­ies.  What the media execs failed to under­stand was the hack­er eth­os, the open source men­tal­ity: they went to their tech­ie depart­ment or com­mer­cial IT ser­vice pro­viders and said “we want one”, but failed to under­stand both the eth­os and the secur­ity con­cerns around closed, pro­pri­et­ary soft­ware sys­tems, often chan­nelled through the post-Pat­ri­ot Act, post-CISPA USA.

Oth­er, appar­ently well-mean­ing organ­isa­tions, also tried to emu­late the Wikileaks mod­el, but most have died a quiet death over the last year.  Per­haps, again, for want of real trust in their ori­gin or tech security?

Why on earth would any secur­ity-con­scious whis­tleblower, emer­ging out of a gov­ern­ment, mil­it­ary or intel­li­gence organ­isa­tion, trust such a set-up?  If someone comes out of such an envir­on­ment they will know all-too-well the scale of the push-back, the pos­sible entrap­ments, and the state-level resources that will be used to track them down. They either need an über-secure whis­tleblow­ing plat­form, or they need journ­al­ists and law­yers with fire in their belly to fight the fight, no mat­ter what.

So now to Open­Leaks — appar­ently the brainchild of Wikileaks defect­or Daniel Dom­sheit-Berg. He and the shad­owy “Archi­tect” fam­ously fell out with Juli­an Assange in late 2010, just when the polit­ic­al heat was ramp­ing up on the organ­isa­tion.  They left, reportedly tak­ing some of the cru­cial cod­ing and a tranche of files with them, and Dom­sheit-Berg decided to set up a rival organ­isa­tion called Open­Leaks.  As a res­ult of his actions, Dom­sheit-Berg was uniquely cast out of the inter­na­tion­al hack­er group, the CCC in Berlin.

He now seems to have been wel­comed back into the fold and Open­Leaks appears, finally, to be ready to receive whis­tleblower information.

How­ever, there is a cru­cial dif­fer­ence between the two organ­isa­tions.  Where Wikileaks wants to lay the inform­a­tion out there for pub­lic eval­u­ation, Open­Leaks will merely act as a repos­it­ory for cer­tain approved main­stream media organ­isa­tions to access. We are back to the ori­gin­al block­age of the cor­por­ate media decid­ing what inform­a­tion we, the people, should be allowed to ingest.

I would not wish to com­ment on Dom­sheit-Ber­g’s motiv­a­tion, but to me this seems to be an even worse option for a whis­tleblower than dir­ectly con­tact­ing a cam­paign­ing journ­al­ist with a proven track record of cov­er­ing hard-core stor­ies and fight­ing for the cause.

With Open­Leaks, the whis­tleblower loses not only the auto­mat­ic wide­spread dis­sem­in­a­tion of their inform­a­tion, but also any semb­lance of con­trol over which journ­al­ists will be work­ing on their story.  Their inform­a­tion will be parked on the web­site and any­one from pre-selec­ted media organ­isa­tions will be able to access, use and poten­tially abuse it.

One could say that Open­Leaks oper­ates as a secure sta­ging plat­form where a whis­tleblower can safely store sens­it­ive doc­u­ments and inform­a­tion.… but the founder allegedly removed and des­troyed sens­it­ive files from Wikileaks when he jumped ship in 2010.  Could any whis­tleblower really trust that Open­Leaks would not sim­il­arly “dis­ap­pear” shit-hot inform­a­tion in the future?

Plus, there is the added worry for any rightly-para­noid whis­tleblower that the founder of Open­Leaks so eas­ily aban­doned Wikileaks when under pres­sure.  Who’s to say that this would not hap­pen again, if the full might of the Pentagon were brought to bear on OpenLeaks?

Open­Leaks offers neither the per­son­al sup­port of work­ing with a trus­ted journ­al­ist and a media organ­isa­tion with the clout to fight back, nor does it provide full dis­clos­ure to the wider pub­lic to side-step poten­tial media self-cen­sor­ship and gov­ern­ment law suits, as the ori­gin­al Wikileaks mod­el does.

As such Open­Leaks seems, at least to this par­tic­u­lar whis­tleblower, to be an evol­u­tion­ary blip — a ret­ro­grade step — in the quest for justice and accountability.

Students for Sensible Drug Policy (SSDP) UK Conference

Last month, in my new role as Dir­ect­or of LEAP Europe, I was invited to do a talk at the SSDP con­fer­ence in Lon­don.  It was great to meet the key SSDP organ­isers, and also share a plat­form with Jason Reed, the co-ordin­at­or of LEAP UK.

The stu­dent act­iv­ists of SSDP are demand­ing that our polit­ic­al classes instig­ate a mature, fact-based dis­cus­sion about the “war on drugs”.

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

The stu­dents get this — why can­’t our politicians?

Jason and I had a warm wel­come from the SSDP. They can see the value of law enforce­ment pro­fes­sion­als — police, judges, law­yers, and cus­toms and intel­li­gence officers — using their exper­i­ence to con­trib­ute to the debate. I look for­ward to LEAP work­ing more closely with the SSDP.

And do drop me an email if you would like to help LEAP in Europe.

The Extradition Farce — why the delay in reform?

Out­rage con­tin­ues to swell about the per­emp­tory extra­di­tion of Brit­ish cit­izens to face tri­al on tenu­ous charges abroad.

Thanks to the tire­less cam­paign­ing of dis­traught fam­ily mem­bers, a grow­ing anger in the UK press, and indig­nant ques­tions and debates in Par­lia­ment — even our somn­am­bu­lant MPs have roused them­selves to state that Some­thing Must be Done — the Extra­di­tion Act 2003 is now centre stage, and reform of the law will no doubt occur at some point.

As there is a grow­ing con­sensus, why the delay?  I have a the­ory, but first let’s review some of the most troub­ling recent cases.

Janis_SharpThe case that really brought the issue to wide­spread pub­lic atten­tion  is the dec­ade-long extra­di­tion battle of Gary McKin­non.  With this sword of Damocles hanging over his head for so long, poor Gary has already effect­ively served a 10-year sen­tence, uncer­tain of his future and unable to work in his chosen pro­fes­sion.  Thanks to the indefatig­able cam­paign­ing of his moth­er, Janis Sharp, his case has received wide­spread sup­port from the media and politi­cians alike.

Des­pite this the Home Sec­ret­ary, Theresa May (who has recently been work­ing so hard in Jordan to pro­tect the rights of Abu Qatada), has dragged her feet abom­in­ably over mak­ing a decision about wheth­er Gary should be extra­dited to the US to face a pos­sible 70-year pris­on sen­tence — even though the UK invest­ig­a­tion into his alleged crime was aban­doned way back in 2002.

Julia_and Richard_OdwyerThen there is the more recent case of stu­dent Richard O’D­wyer, wanted in the US even though he lives in the UK and has broken no Brit­ish laws.  He is facing a 10 year max­im­um secur­ity sen­tence if extra­dited.  Once again, his moth­er, Julia, is tire­lessly fight­ing and cam­paign­ing for her son.

Most recently, Chris Tap­pin, a retired busi­ness­man and golf club pres­id­ent, has been shipped off to a Texas high secur­ity pen­it­en­tiary fol­low­ing what sounds like a US entrap­ment oper­a­tion (a tech­nique not leg­ally admiss­able in UK courts), and faces a 35 year sen­tence if convicted.

Chris_and_Elaine_TappinDes­pite hav­ing turned him­self in, this eld­erly gent, who walks with the aid of a cane, is con­sidered such a flight risk that he was last week denied bail. Once again, his wife Elaine has come out fight­ing.

My heart goes out to all these women, and I salute their tenacity and bravery.  I remem­ber liv­ing through a sim­il­ar, if mer­ci­fully briefer, four months back in 1998 when the UK gov­ern­ment tried and failed to extra­dite Dav­id Shayler from France to the UK to stand tri­al for a breach of the OSA. I remem­ber with crys­tal clar­ity the shock of the arrest, the fear when he dis­ap­peared into a for­eign leg­al sys­tem without trace, the anguish about his life in an ali­en prison.

Sunday_Times_Paris_98And I remem­ber the fright­en­ing moment when I real­ised I had to step up and fight for him — the leg­al case, deal­ing with MPs and the end­less media work, includ­ing the ter­ror of live TV inter­views.  And all this when you are wor­ried sick about the fate of a loved one.  Shall I just say it was a steep learn­ing curve?

In the wake of the recent extra­di­tion cases, there have been ques­tions in Par­lia­ment, motions, debates, reviews (Down­load Review), and there is an ongo­ing push for an urgent need for reform.  And no doubt this will come, in time.

So why the delay?  Why not change the law now, and pre­vent McKin­non, O’Dy­wer and many oth­ers being sac­ri­ficed on the Amer­ic­an leg­al altar — the concept of “judi­cial rendi­tion”, as I have men­tioned before.

Well, I have a the­ory, one derived from per­son­al exper­i­ence.  The Brit­ish media — most not­ably the Daily Mail — inveigh against the uni­lat­er­al extra­di­tion of UK cit­izens to the USA’s bru­tal pris­on régime.  There is also some con­cern about extra­di­tion to oth­er European jur­is­dic­tions — usu­ally on the fringes to the south and east of the con­tin­ent, regions where the Brit­ish seem to have a vis­cer­al fear of cor­rupt offi­cials and kangaroo courts.

But what many com­ment­at­ors seem to miss is the cru­cial leg­al con­nec­tion — the extra­di­tion arrange­ments that ensure Brits can be shipped off to the US and many oth­er leg­al banana repub­lics com­par­able leg­al sys­tems to face out­rageous sen­tences are, in fact, embed­ded with­in the Extra­di­tion Act 2003.  This is the act that enshrined the power of the European Arrest War­rant, the the act that was rushed through Par­lia­ment in the midst of the post‑9/11 ter­ror­ism flap.

And, of course, this is the very act that is cur­rently being used and abused to extra­dite Juli­an Assange to Sweden merely for police ques­tion­ing (he has not even been charged with any crime), whence he can be “tem­por­ar­ily sur­rendered” to the delights of the US judi­cial pro­cess. Hmm, could this pos­sibly be the reas­on for the delay in reform­ing the Act?

Assange_Supreme_CourtLet me guess, you think this is begin­ning to sound a bit tin-foil hat? Surely it is incon­ceiv­able that the Brit­ish politi­cians and judges would delay right­ing a flag­rant leg­al wrong that mani­festly res­ults in inno­cent people being unjustly extra­dited and pro­sec­uted? Surely our gov­ern­ment would move swiftly to pro­tect its citizens?

As I men­tioned, my the­ory stems from per­sonal exper­i­ence. Once again delving into the mists of time, in 1997 Dav­id Shayler blew the whistle on the wrong­ful con­vic­tion on ter­ror­ist charges of two inno­cent Palestini­an stu­dents, Samar Alami and Jawad Bot­meh. Their law­yer, the excel­lent Gareth Peirce, was imme­di­ately on the case, but the UK gov­ern­ment dragged its heels for a year. Why?

Dur­ing that time, the UK gov­ern­ment tried to have Shayler extra­dited from France to the UK to stand tri­al. Gov­ern­ment law­yers were con­fid­ent of vic­tory and delayed a decision on the stu­dents’ appeal against their con­vic­tions until the whis­tleblower was safely incar­cer­ated in HMP Bel­marsh, await­ing trial.

Except it all went wrong, and the French freed Shayler for being mani­festly a polit­ical whis­tleblower, which in their leg­al opin­ion was not an extra­dict­able offence. Only at that point did the UK gov­ern­ment law­yers begin to work with Peirce on the Palestini­an case, details of which can be found here.

Christine_AssangeSo my the­ory is that the UK is drag­ging its feet about reform­ing the pre­pos­ter­ous Extra­di­tion Act until it has Assange safely over in Sweden. How­ever, they may be count­ing their chick­ens pre­ma­turely — and they should nev­er, ever over­look the determ­in­a­tion of the cam­paign­ing moth­er, in this case Christine Assange.

But in the mean­time, while the UK con­tin­ues to pros­ti­tute itself to the USA, how many more inno­cent people will have to suf­fer unjust and unjus­ti­fi­able extradition?

Cops Take Pro-Legalization Message to UN War on Drugs Meeting

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Law Enfor­cers Say End­ing Pro­hib­i­tion Will Improve Glob­al Secur­ity & Human Rights

VIENNA, AUSTRIA – Judges, pro­sec­utors and jail­ers who sup­port leg­al­iz­ing drugs are bring­ing their mes­sage to the United Nations Com­mis­sion on Nar­cot­ic Drugs meet­ing next week in Vienna. At the U.N. ses­sion, which comes just days after the Obama admin­is­tra­tion stepped-up its attempts to coun­ter­act the emer­ging anti-pro­hib­i­tion sen­ti­ment among sit­ting pres­id­ents in Lat­in Amer­ica, the pro-leg­al­iz­a­tion law enforce­ment offi­cials will work to embolden nation­al del­eg­a­tions from around the world to push back against the U.S.-led failed “war on drugs.”

VanwicklerRichard Van Wick­ler, a cur­rently-serving jail super­in­tend­ent who will be rep­res­ent­ing Law Enforce­ment Against Pro­hib­i­tion (LEAP) in Vienna, says, “World lead­ers who believe we could bet­ter handle drug prob­lems by repla­cing crim­in­al­iz­a­tion with leg­al con­trol are becom­ing less and less afraid of U.S. repris­al for speak­ing out or reform­ing their nations’ policies. And for good reason.”

Van Wick­ler, who has was named 2011’s Cor­rec­tions Super­in­tend­ent of the Year by the New Hamp­shire Asso­ci­ation of Counties, explains, “Voters in at least two U.S. states will be decid­ing on meas­ures to leg­al­ize marijuana this Novem­ber. It would be pure hypo­crisy for the Amer­ic­an fed­er­al gov­ern­ment to con­tin­ue force­fully push­ing a rad­ic­al pro­hib­i­tion­ist agenda on the rest of the world.”

In recent weeks, Pres­id­ents Otto Perez Molina of Guatem­ala, Juan Manuel San­tos of Colom­bia, Laura Chinchilla of Costa Rica and Felipe Cal­der­on of Mex­ico have added their voices to the call for a ser­i­ous con­ver­sa­tion on altern­at­ives to drug pro­hib­i­tion, caus­ing U.S. Vice Pres­id­ent Joe Biden to travel to Lat­in Amer­ica this week in an unsuc­cess­ful attempt to quash the debate.

GierachFormer Chica­go drug pro­sec­utor James Gier­ach, recently a fea­tured speak­er at a con­fer­ence in Mex­ico City last month atten­ded by the first lady of Mex­ico and the former pres­id­ents of Colom­bia and Brazil, says, “The unend­ing cycle of car­tel viol­ence caused by the pro­hib­i­tion mar­ket has turned a steady trickle of former elec­ted offi­cials cri­ti­ciz­ing pro­hib­i­tion into a flood of sit­ting pres­id­ents, busi­ness lead­ers and law enforce­ment offi­cials call­ing for an out­right dis­cus­sion about leg­al­iz­a­tion. It’s time for the U.S. and the U.N. to acknow­ledge that leg­al con­trol, rather than crim­in­al­iz­a­tion, is a much bet­ter way to man­age our drug prob­lems. The world can have either drug pro­hib­i­tion, viol­ence and cor­rup­tion or it can have con­trolled drug leg­al­iz­a­tion with safe streets and mor­al fab­ric, but it can­’t have both.”

The UN meet­ing in Vienna is an annu­al oppor­tun­ity for nations around the world to re-eval­u­ate drug con­trol strategies and treat­ies. More inform­a­tion about the meet­ing is here

In recent years, coun­tries like Por­tugal and Mex­ico have made moves to sig­ni­fic­antly trans­form crim­in­al­iz­a­tion-focused drug policies into health approaches by fully decrim­in­al­iz­ing pos­ses­sion of small amounts of all drugs. Still, no coun­try has yet to leg­al­ize and reg­u­late the sale of any of these drugs. Doing so, the pro-leg­al­iz­a­tion law enfor­cers point out, would be the only way to pre­vent viol­ent transna­tion­al crim­in­al organ­iz­a­tions from profit­ing in the drug trade.

Maria.KaramAlso attend­ing the con­fer­ence on behalf of LEAP will be former Brazili­an judge Maria Lucia Karam and former UK MI5 intel­li­gence officer Annie Machon.

Law Enforce­ment Against Pro­hib­i­tion (LEAP) rep­res­ents police, pro­sec­utors, judges, FBI/DEA agents and oth­ers who sup­port leg­al­iz­a­tion after fight­ing on the front lines of the “war on drugs” and learn­ing firsthand that pro­hib­i­tion only serves to worsen addic­tion and viol­ence. More info can be found here.

CONTACT:

Tom Angell: 001 202 557‑4979 or media@leap.cc

Shaleen Title: 001 617 955‑9638 or speakers@leap.cc