RTTV interview — in defence of Wikileaks

On 6 Decem­ber I appeared on RTTV’s CrossTalk dis­cus­sion pro­gramme along­side whis­tleblow­ing UK ex-dip­lo­mat Carne Ross, to talk about the implic­a­tions of Wikileaks:

 

 

Secrecy laws come out of the closet

Finally the true inten­tions behind the dra­coni­an Brit­ish law, the Offi­cial Secrets Act, and sim­il­ar espi­on­age-related laws in oth­er coun­tries such as the USA, have been laid bare.  All is revealed — these laws appar­ently have noth­ing what­so­ever to do with pro­tect­ing nation­al secur­ity and coun­ter­ing espi­on­age — their primary pur­pose is to stifle dis­sent and legit­im­ate cri­ti­cism of the state.

How can I tell?  Well, look at the reac­tion to the ongo­ing Wikileaks rev­el­a­tions, as opposed to today’s UK spy scan­dal involving the par­lia­ment­ary assist­ant of a hitherto unre­mark­able MP

WikileaksThe now-notori­ous Wikileaks site has been going since 2007 and, in this brief time, has shone a bright light on such nas­ties as Trafigura, the BNP, Sci­ento­logy, Cli­mateg­ate, Guantanamo, the Aus­trali­an inter­net black­list, Sarah Pal­in, and much more.

The site achieved world-wide notori­ety this year with four big stor­ies — start­ing with the har­row­ing film “Col­lat­er­al Murder”, which demon­strated clearly that the Pentagon had been lying to the dis­traught fam­il­ies of the vic­tims of this video-game nasty for years. 

Since then Wikileaks has clev­erly worked with selec­ted media oulets such as The Guard­i­an, The New York Times and Der Spiegel in Ger­many to give us the Afghan War logs and Iraq war files, which exposed endem­ic bru­tal­ity, tor­ture and war crimes (all in the name of spread­ing demo­cracy, of course), and cul­min­at­ing over the last week with the ongo­ing Cableg­ate expose.

The response?  Well the major­ity of the old media, par­tic­u­larly those that did­n’t share in the juicy scoops, has been in attack mode: con­demning whis­tleblow­ing; vil­i­fy­ing the char­ac­ter of Wikileaks spokes­per­son, Juli­an Assange; and glee­fully report­ing the wide­spread cyber­space crack­down (Amazon pulling the site, Payp­al stop­ping con­tri­bu­tions, the ongo­ing hack attacks). 

But this is just so much hot air — what about the real sub­stance of the dis­clos­ures?  The viol­ent hor­ror, war crimes, and gov­ern­ment lies?  Why is our so-called Fourth Estate not demand­ing a response to all this ter­rible evidence?

Julian_AssangeHow­ever, it is the reac­tion of the US polit­ic­al class that is most gob-smack­ingly shock­ing.  The half-wits call for Assange’s pro­sec­u­tion under the US Espi­on­age Act (even though he’s an Aus­trali­an); to have him executed, assas­sin­ated by drone attack, or unlaw­fully dis­ap­peared as an “unlaw­ful com­batant”; and make hys­ter­ic­al calls for Wikileaks to be placed on the US list of pro­scribed for­eign ter­ror­ist organ­isa­tions.  Daniel Ells­berg, the fam­ous Pentagon Papers whis­tleblower, fears for Assange’s life.

Well, you can always tell how effect­ive a whis­tleblower is by the response you engender when telling truth to power, and this is a pretty strik­ing vindication.

Of course, Juli­an Assange is not strictly speak­ing a whis­tleblower per se.  He is the next gen­er­a­tion — a highly-cap­able, high-tech con­duit, using his “hack­iv­ist” skills to out-pace and out-smart those who seek to con­ceal vital information.

As he said dur­ing a TED​.com inter­view last sum­mer, he strives to live by the ideal that to be a man is to be “cap­able and gen­er­ous, not to cre­ate vic­tims, but to nur­ture them…”.  And this is indeed the pro­tec­tion Wikileaks offers, an aven­ue of secure dis­clos­ure for people of con­science on the inside, without their hav­ing to go pub­lic to estab­lish the bona fides of what they are say­ing, with the res­ult­ing vic­tim­isa­tion, loss of career, liberty, and pos­sibly life.

Still, politi­cians seem unable to make the dis­tinc­tion — they are solely focused on loss of face, embar­rass­ment, and shor­ing up the wall of secrecy that allows them to get away with lies, tor­ture and war crimes.  I hope that com­mon sense will pre­vail and Assange will not become anoth­er sac­ri­fi­cial vic­tim on the altar of “nation­al security”.

Katia_ZSo why did I say at the start that the secrecy laws have come out of the closet?  Well, in the wake of all this recent media and polit­ic­al hys­teria about Wikileaks, this little espi­on­age gem appeared in the UK media today.   Essen­tially, the UK Home Sec­ret­ary is boot­ing out an alleged Rus­si­an spy, Ms Katia Zat­uliv­eter who, des­pite get­ting through secur­ity vet­ting (MI5, any­one?), was really an SVR agent  work­ing as the Par­lia­ment­ary assist­ant to Mike Han­cock MP — a man who hap­pens to have a spe­cial interest in Rus­sia and who serves on the UK’s Par­lia­ment­ary Defence Select Committee.

Now, in the old days such alleged activ­ity would mean an auto­mat­ic arrest and prob­able pro­sec­u­tion for espi­on­age under the Offi­cial Secrets Acts (1911 and 1989). If we go with what the old media has repor­ted, this would seem to be a clear-cut case.  Dur­ing the Cold War for­eign spies work­ing under dip­lo­mat­ic cov­er could be dis­creetly PNGed (the jar­gon for declar­ing a dip­lo­mat per­sona non grata).  How­ever, this young woman was work­ing in Par­lia­ment, there­fore can have no such dip­lo­mat­ic cov­er.  But deport­a­tion and the avoid­ance of embar­rass­ment seems to be the order of the day — as we saw also with the explu­sion of the Rus­si­an spy ring from the US last summer).

Which demon­strates with a start­ling clar­ity the real inten­tions behind the Brit­ish OSA and the Amer­ic­an Espi­on­age Act.  The full force of these laws will auto­mat­ic­ally be brought to bear against those expos­ing crime in high and secret places, pour enour­ager les autres,  but will rarely be used against real spies. 

Proof pos­it­ive, I would sug­gest, that these laws were draf­ted to pre­vent cri­ti­cism, dis­sent and whis­tleblow­ing, as I’ve writ­ten before, but not mean­ing­fully to pro­tect our nation­al secur­ity.  One can but hope that the Wikileaks débâcle acts as the long-over­due final nail in the OSA coffin.

Would it not be won­der­ful if our “esteemed” legis­lat­ors could learn from recent events, draw a col­lect­ive deep breath, and finally get to grips with those who pose a real threat to our nations — the people who lie to take us into illeg­al wars, and intel­li­gence officers involved in tor­ture, assas­sin­a­tion and espionage?

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

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

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

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

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

 

 

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

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

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

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

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

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

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

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

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

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

 

WikiLeaks Discussion Panel with Julian Assange, HAR NL 2009

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

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

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

From Russia with Love (to the USA)

I’ve been fol­low­ing with interest the retro, Cold War spy saga cur­rently unfold­ing in the USA.  The head­lines being that 10 alleged Rus­si­an sleep­ers (“illeg­als” in spy lingo) have been arres­ted by the FBI and are now charged with “work­ing as agents of a for­eign power”, which car­ries a sen­tence of five years in prison.

These Rus­si­an “illeg­als”, some of whom reportedly have been liv­ing openly as Rus­si­an immig­rants, some as oth­er for­eign nation­als, have allegedly been infilt­rat­ing the US since the mid-1990s, and were tasked to get friendly with Amer­ic­an power-brokers, to glean what inform­a­tion they could about the thoughts of the US great and the good about Rus­sia, Iran, defence plans etc.

Whatever the truth of this case, and the charges are detailed, I find the tim­ing and media atten­tion giv­en to this story inter­est­ing for three key reasons:

From what has been repor­ted of the court papers, the FBI invest­ig­a­tion has been going on for years.  Appar­ently they have known about the spy ring since 2000, and have included com­mu­nic­a­tions inter­cept mater­i­al in the indict­ment dat­ing from 2004 and 2008, as well as sting oper­a­tions from the begin­ning of this year.  So it’s curi­ous that the FBI decided to swoop now, in the imme­di­ate after­math of a suc­cess­ful and, by all accounts friendly, meet­ing between the Rus­si­an and Amer­ic­an pres­id­ents in Wash­ing­ton DC

Many people are com­ment­ing on this aspect of the tim­ing.  And, indeed, one might spec­u­late about wheels with­in wheels — it appears that there are still hard­line fac­tions with­in the US admin­is­tra­tion that want to ensure that a warm­er work­ing rela­tion­ship can­not devel­op between Rus­sia and the USA. A strategy of ten­sion is good for busi­ness – espe­cially com­pan­ies like Hal­libur­ton and Xe (formerly Black­wa­ter) which profit from build­ing vast US mil­it­ary bases in Cent­ral Asia.

But what also intrigues me is the pos­sible behind-the-scenes action. 

OurManInHavanaThis story is get­ting blanket media cov­er­age.  It’s a good, old-fash­ioned, Cold War-style coup, hit­ting all the jin­go­ist­ic spy but­tons, just at a time when the US spooks are under pres­sure about their per­form­ance in the neb­u­lous and ever-shift­ing “war on ter­ror”, the shred­ding of con­sti­tu­tion­al rights, the illeg­al sur­veil­lance of domest­ic polit­ic­al act­iv­ists, and com­pli­city in extraordin­ary rendi­tion and tor­ture. It’s a use­ful “remind­er” that the bloated US secur­ity infra­struc­ture is worth all the money it costs, des­pite the dire state of US nation­al fin­ances. Pure propaganda.

I’m also will­ing to bet that there is a more cov­ert aspect to this story too — some behind-the-scenes power play.  There are, at the last count, 17 acknow­ledged intel­li­gence agen­cies in the US, all com­pet­ing for prestige, power and resources.  By mak­ing these arrests, the FBI will see this as a step up in the spy peck­ing order.  It reminds me inev­it­ably (and per­haps flip­pantly) of the clas­sic spy nov­el by former intel­li­gence officer Gra­ham Greene, “Our Man in Havana”.  In this no doubt entirely fic­tion­al work, a Brit­ish MI6 asset invents a spy ring to increase his stand­ing and fund­ing from Lon­don HQ.

Also curi­ous is the role played by one Chris­toph­er Met­sos, allegedly the 11th man, not ini­tially arres­ted, who is repor­ted to have passed money to the spy ring.  He was caught yes­ter­day in Cyprus try­ing to board a plane to Hun­gary, and inex­plic­ably gran­ted bail — inex­plic­able at least to the Greek police, who always worry that their sus­pect will flee over the bor­der into the Turk­ish seg­ment of the island, nev­er to be seen again.  And this has indeed happened, accord­ing to The Guard­i­an news­pa­per this even­ing. Per­haps he has some urgent appoint­ments to sell vacu­um clean­ers north of the border.….

 

Dirty Tricks in Iraq and UK Media

An inter­est­ing example of press manip­u­la­tion appeared today in the UK media.  Bri­tain is in the throes of a gen­er­al elec­tion and many pun­dits are say­ing that the res­ult is too close to call — the feel­ing being that the UK’s third party, the Lib­er­al Demo­crats, may hold the bal­ance of power in a hung par­lia­ment.  The Daily Mail, one of the most rabidly right-wing of the nation­al news­pa­pers, chose today to print a story about the arrest and sub­sequent res­cue of two UK sol­diers in Iraq in 2005. 

Sas_in_IraqThe gen­er­al thrust of the piece was that the Labour gov­ern­ment was will­ing to sac­ri­fice our sol­diers by refus­ing to author­ise their res­cue, in order to avoid polit­ic­al embar­rass­ment.  This story appears to be a fairly obvi­ous attempt by The Daily Wail to encour­age mil­it­ary per­son­nel and their fam­il­ies to vote against the incum­bent gov­ern­ment, which was will­ing to sac­ri­fice our boys’ lives for polit­ic­al expediency.

However,I would sug­gest that there is anoth­er level to this story.  Many remem­ber when the news first broke: how two SAS sol­diers, work­ing under cov­er and dis­guised as Arabs, failed to stop their car at a check­point and engaged in a shoot-out that killed one Iraqi and injured three more.  The SAS oper­at­ives were arres­ted and taken to a police sta­tion where the author­it­ies dis­covered that their car con­tained weapons and explos­ives. The SAS launched a res­cue, plough­ing into the police sta­tion with tanks, and then track­ing their tar­gets to a loc­al mili­tia house nearby, fight­ing their way in and sav­ing their com­rades.  All hero­ic stuff.  How­ever, the obvi­ous fol­low-up ques­tions are:

1) What the hell were these two sol­diers doing in dis­guise, and with a car-load of weaponry?

2) Pre­cisely why was the gov­ern­ment so embar­rassed about the poten­tial polit­ic­al fall-out?

I think these two ques­tions are inter-depend­ent.  Dirty tricks and col­lu­sion are a stand­ard meth­od­o­logy for the SAS and the intel­li­gence com­munity — a well-doc­u­mented tac­tic they used in the war in North­ern Ire­land over three dec­ades.  So just what was the inten­ded des­tin­a­tion of the weaponry?  Would they have been used for an attack sub­sequently blamed on “insur­gents” or “Al Qaeda”?

As for the poten­tial polit­ic­al embar­rass­ment, the Daily Mail’s excuse — that the Brit­ish gov­ern­ment did­n’t want to under­mine the per­ceived sov­er­eignty of the Iraqis at that time — is just too feeble to stand up.  The issue of polit­ic­al embar­rass­ment makes far more sense if seen in terms of UK gov­ern­ment aware­ness of the use by the Brit­ish mil­it­ary of dirty tricks, col­lu­sion or false flag ter­ror­ism in Iraq. 

Of course, this is a per­fectly stand­ard tac­tic used by many coun­tries’ mil­it­ary and intel­li­gence infra­struc­tures.  It would be naïve to think it does not hap­pen, but it is a ret­ro­grade, risky and counter-pro­duct­ive tactic. 

In the 21st cen­tury it is more naïve to think that such activ­ity is either effect­ive or accept­able in a world where the spread of demo­cracy and the applic­a­tion of inter­na­tion­al law and human rights are the way forward.

US Intelligence targets Wikileaks

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

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

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

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

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

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

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

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

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

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

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

MI5 looking for a Needle in the Haystack

The Xmas Day “Al Qaeda” ter­ror attack on a transat­lantic flight bound for Detroit is an inter­est­ing one.  Awful for those on the flight, of course, and my heart goes out to them for the fear they must have experienced.

But which are the gov­ern­ments most staunch in their pro­sec­u­tion of the war on ter­ror?  Let’s call them the “Axis of Good”.….

The USA, the UK, and the Netherlands.

So it must be just nuts to them that the imme­di­ately iden­ti­fi­able Al Qaeda ter­ror­ist is repor­ted to be a Nigeri­an-born UK engin­eer­ing stu­dent who is fly­ing via Schiphol air­port in NL to the USA.  Even bet­ter, he acquired his “bomb” in Yemen — inter­est­ingly, a coun­try that is under increas­ing assault by the US mil­it­ary at the moment. 

This ticks a num­ber of use­ful nation­al secur­ity boxes, remind­ing us what a threat our nations face. 

The alleged ter­ror­ist is repor­ted to have been on the watch list of the US secur­ity appar­at­us, but not on the “no fly” list — which is unveri­fi­able any­way, but reportedly con­tains the names of over a mil­lion people. So yet anoth­er break-down in this unwieldy secur­ity system.

Airport-securityWe already have a situ­ation where all cit­izens of the US, UK and NL are effect­ively treated like crim­in­als every time they take a plane, as well as every­one else attempt­ing to fly into these coun­tries.  How­ever, this incid­ent has demon­strated that the secur­ity around fly­ing is not just a slow irrit­ant — a “Big Broth­er Lite” with its stu­pid restric­tions around liquids, maquil­lage, shoes, belts and laptops — it has been dra­mat­ic­ally shown not to work.

Identi­fy­ing poten­tial ter­ror­ists is like look­ing for a needle in a hay­stack.  This has become an estab­lish­ment cliché these days: the ter­ror­ists have to be lucky only once, and the secur­ity ser­vices have to be con­stantly lucky to stop an attack.  The odds are acknow­ledged to be impossible. 

What used to be agreed with­in Brit­ish and oth­er European spook circles is the view that the best intel­li­gence comes from tricky-to-run human sources.  They may have their flaws, but they can occa­sion­ally provide pre­cise and lifesav­ing intel­li­gence. The US approach has long been dia­met­ric­ally opposed to this approach — instead they sit back and hoover up every scrap of inform­a­tion via data min­ing and hope to sieve some­thing out of it.  They then tend to respond with whizz-bang, hands-off gad­getry, much like a deadly video game.

So, that said, let’s make two guesses how this new attack will be inter­preted and used by our gov­ern­ments and secur­ity forces:

1) They admit that they need to reas­sess their approach to the “war on terror”.

2) Focus on ever more dra­coni­an data min­ing meas­ures at the point of travel — wheth­er they work or not, wheth­er they slide us ever near­er a police-state or not — until we are effect­ively pris­on­ers in our own countries. 

A dif­fi­cult pre­dic­tion for 2010. 

The final annoy­ance will, at least from a per­son­al per­spect­ive, be that they now ban the car­ry­ing of powders as well as liquids on board a flight.  If they stop me trav­el­ling with my Max Factor, that’s it.  Trains only in the future.

Happy New Year!

FBI Whistleblower Sibel Edmonds

Sibel_EdmondsI strongly recom­mend you take the time to watch this film about FBI whis­tleblower, Sibel Edmonds.

Kill the Mes­sen­ger”  joins some inter­est­ing dots, not just about what might have been going on round Sibel’s case, but also adds a dif­fer­ent per­spect­ive to the notori­ous out­ing of CIA officer, Valer­ie Plame.

Of course, a film that invest­ig­ates how the might of the state can be used to stifle the legit­im­ate dis­sent of a whis­tleblower will always res­on­ate with me.

Same mes­sage, dif­fer­ent country.

Cynthia McKinney Event in Paris, 10th October

Here’s my latest effort.  It should be an amaz­ing week­end in Par­is, with Con­gress­wo­man Cyn­thia McKin­ney, the 2008 US Green Party pres­id­en­tial can­did­ate, head­lining our “Vers la Ver­ite” event on the Sat­urday night.  Have a look at the web­site for the full line-up.

Promo_ENG_H

The Case of Gary McKinnon

Gary_McKinnon_Bow_Street_Magistrates_24_Nov_2005_600-thumbI’ve been fol­low­ing the extraordin­ary case of Gary McKin­non for years now in a long range kind of way, but we are now in the final throes of his pro­longed fight against extra­di­tion to the USA, and he needs all the sup­port we can give him.  The Daily Mail recently star­ted a cam­paign against his extra­di­tion:  it’s not often I agree with the Wail, but I’m whole­heartedly in favour of this initiative. 

For those of you who have been liv­ing in a bunker for the last 7 years, Gary McKin­non is the self-con­fessed geek who went look­ing for evid­ence of UFOs and ETs on some of Amer­ica’s most secret com­puter sys­tems at the Pentagon and NASA

And, when I say secret, obvi­ously I don’t mean in the sense of encryp­ted or pro­tec­ted.  The Yanks obvi­ously did­n’t feel that their nation­al defence war­rants even curs­ory pro­tec­tion, as Gary did­n’t have to hack his way in past mul­tiple lay­ers of pro­tec­tion.  Appar­ently the sys­tems did­n’t even have passwords.

Gary, who suf­fers from Asper­ger­’s Syn­drome, is no super hack­er.  Using a basic PC and a dial-up con­nec­tion in his bed­room, he man­aged to sneak a peek at the Pentagon com­puters, before kindly leav­ing a mes­sage that the US mil­it­ary might like to have a think about a little bit of basic inter­net secur­ity.   Hardly the work of a malig­nant, inter­na­tion­al cyber-terrorist.

UK police invest­ig­ated Gary soon after this epis­ode, way back in 2002.  All he faced, under the UK’s 1990 Com­puter Mis­use Act, would have been a bit of com­munity ser­vice if he’d been con­victed.  Even that was moot, as the Crown Pro­sec­u­tion Ser­vice decided not to prosecute.

And that, as they say, should have been that. 

How­ever, in 2003 the UK gov­ern­ment passed yet anoth­er dra­coni­an piece of law in response to the “war on ter­ror” — the Extra­di­tion Act.  Under this invi­di­ous, one-sided law, the US author­it­ies can demand the extra­di­tion to Amer­ica of any Brit­ish cit­izen, without present­ing any evid­ence of the crime for which they are wanted.  Need­less to say, this arrange­ment only works one way: if the Brits want to extra­dite a sus­pect from the US they still have to present prima facie evid­ence of a crime to an Amer­ic­an court.  The Act also enshrines the ques­tion­able European arrest war­rant sys­tem in Brit­ish law.

So how on earth did the half-wits in Par­lia­ment come to pass such an awful law?  Were they too busy tot­ting up their expense fiddles to notice that they were sign­ing away Brit­ish sov­er­eignty?  This law means that it is easi­er for a US court to get a Brit in the dock than it is for them to get a US cit­izen from anoth­er state.  In the lat­ter case, evid­ence is still also required.

Let’s get this straight.  The UK author­it­ies decided not to pro­sec­ute in this coun­try.  Even if they had, Gary would prob­ably have been sen­tenced to com­munity ser­vice.  How­ever, if he is extra­dited, he will get up to 70 years in a max­im­um secur­ity pris­on in the US.

So a year after Gary’s bed­room hack, and after the CPS had decided there was no case to answer, the US author­it­ies deman­ded Gary’s extra­di­tion ret­ro­act­ively.   The UK gov­ern­ment, rather than pro­tect­ing a Brit­ish cit­izen, basic­ally said “Yes, have him!”.  Gary has been fight­ing the case ever since.

Janis_SharpHe has not been alone.  Many people from across the polit­ic­al spec­trum see this uni­lat­er­al law as invi­di­ous.  And the gov­ern­ment reckoned without his mum.  Janis Sharp has fought vali­antly and indefatig­ably to pro­tect her son from this unjust extra­di­tion. She has lob­bied MPs, talked to news­pa­pers, gained the sup­port of many pub­lic and celebrity fig­ures.  She even recently met the PM’s wife, Sarah Brown, who was reportedly in tears for Gary.  Yet still the major­ity of the par­lia­ment­ary half-wits refuse to do anything. 

In fact, it gets worse.  Over the last few years many MPs have signed Early Day Motions sup­port­ing Gary’s fight against extra­di­tion.  But in a recent debate in the House of Com­mons about the need to revise the pro­vi­sions of the Extra­di­tion Act, 74 of these MPs betrayed him and voted for the gov­ern­ment to keep the Act in place.  Only 10 Labour MPs stuck to their guns and defied the party Whip.  One Labour MP, Andrew MacKin­ley, will stand down at the next elec­tion in protest at this hypocrisy.

This week is crunch time: on Fri­day a final judi­cial rul­ing will be made about the case.  It was the last throw of the leg­al dice for Gary.  If this fails, he will have to rely on polit­ic­al inter­ven­tion, which is pos­sible, to pre­vent his harm­ful, unjust and unne­ces­sary extra­di­tion to the USA.  Please vis­it the Free Gary web­site and do all you can in support.

Diamonds and Rust

Diamonds_and_rust_in_the_bullringSo Col­on­el Gad­dafi of Libya has been dish­ing out the dip­lo­mat­ic gifts gen­er­ously to the former US admin­is­tra­tion.  Lis­ted in the pub­lic declar­a­tion are even such items as a dia­mond ring presen­ted to former Sec­ret­ary of State, Condaleeza Rice, and oth­er gifts to the value of $212,000.

This seems a slightly uneven dis­tri­bu­tion of lar­gesse from the Middle East to the West.  Before 9/11 and the ensu­ing war on ter­ror, Gad­dafi was still seen by the west as the head of a “rogue state”.  Bombs, rather than gifts, were more likely to rain down on him.

How­ever, since 2001 he has come back into the fold and is as keen as the coali­tion of the “will­ing” to counter the threat from Islam­ic extrem­ist ter­ror­ists.  So now he’s the new best­est friend of the US and UK gov­ern­ments in this unend­ing fight. 

But that was kind of inev­it­able, was­n’t it?  As a sec­u­lar Middle East­ern dic­tat­or, Gad­dafi has tra­di­tion­ally had more to fear from Islam­ists than has the West.  Par­tic­u­larly when these same Islam­ist groups have received ongo­ing sup­port from those very gov­ern­ments that are now cosy­ing up to Gaddafi.

Just to remind you, the reas­on I helped Dav­id Shayler in his whis­tleblow­ing on the crimes of MI5 and MI6 was because of just such a plot- the attemp­ted assas­sin­a­tion of Gad­dafi in 1996 that was fun­ded by the UK extern­al intel­li­gence gath­er­ing agency, MI6.  In 1995 Shayler, then the head of the Liby­an sec­tion in MI5,  was offi­cially briefed by his coun­ter­part in MI6, Dav­id Wat­son (oth­er­wise known as PT16/B), about an unfold­ing plot to kill Gad­dafi.  A Liby­an mil­it­ary intel­li­gence officer, sub­sequently code-named Tun­worth, walked in to the Brit­ish embassy in Tunis and asked to speak to the res­id­ent spook. 

Tun­worth said he was the head of a “ragtag group of Islam­ic extrem­ists” (who sub­sequently turned out to have links to Al Qaeda — at a time when MI5 had begun to invest­ig­ate the group), who wanted to effect a coup against Col­on­el Gad­dafi.  They needed fund­ing to do this, and that was where MI6 came in.  As a quid pro quo, Tun­worth prom­ised to hand over the two Lock­er­bie supsects for tri­al in Europe , which had for years been one of MI6’s pri­or­ity tar­gets — not to men­tion all those juicy oil con­tracts for BP et al.

Over the course of about 5 months, MI6 paid Tun­worth’s group over $100,000, thereby becom­ing con­spir­at­ors in a murder plot.  Cru­cially, MI6 did not get the pri­or writ­ten per­mis­sion of their polit­ic­al mas­ter, the For­eign Sec­ret­ary, mak­ing this action illeg­al under the terms of the 1994 Intel­li­gence Ser­vices Act

Mani­festly, this coup attempt did not work — Gad­dafi is now a strong ally of our west­ern gov­ern­ments.  In fact, an explo­sion occurred beneath the wrong car in a caval­cade con­tain­ing Gad­dafi as he returned from the Liby­an People’s Con­gress in Sirte.  But inno­cent people died in the explo­sion and the ensu­ing secur­ity shoot-out.

So, MI6 fun­ded an illeg­al, highly reck­less plot in a volat­ile part of world that res­ul­ted in the deaths of inno­cent people.  How more hein­ous a crime could there be?  But to this day, des­pite a leaked MI6 doc­u­ment that proved they knew the exist­ence of the pro­posed plot, and des­pite oth­er intel­li­gence sources back­ing up Shayler­’s dis­clos­ures, the UK gov­ern­ment has still refused to hold an enquiry.  Quite the oppos­ite — they threw the whis­tleblower in pris­on twice and tried to pro­sec­ute the invest­ig­at­ing journalists.

Some people may call me naïve for think­ing that the intel­li­gence agen­cies should not get involved in oper­a­tions like this.  Put­ting aside the retort that the spies often con­flate the idea of the nation­al interest with their own, short-sighted career­ism, I would like to remind such cyn­ics that we are sup­posed to be liv­ing in mod­ern demo­cra­cies, where even the secret state is sup­posed to oper­ate with­in the rule of law and demo­crat­ic over­sight.  Illeg­al assas­sin­a­tion plots, the use of tor­ture, and false flag, state-sponsored ter­ror­ism should remain firmly with­in the retro, pulp-fic­tion world of James Bond.