Edward Snowden — the Globalisation of Whistleblowing

I have held back from writ­ing about the Edward Snowden NSA whis­tleblow­ing case for the last week — partly because I was immersed in the res­ult­ing media inter­views and talks, and partly because I wanted to watch how the story developed, both polit­ic­ally and in the old media. The reac­tion of both can tell you a lot.

That does not mean that I did not have a very pos­it­ive response to what Snowden has done. Far from it. The same night the story broke about who was behind the leaks, I dis­cussed the implic­a­tions on an RT inter­view and called what he did Whis­tleblow­ing 2.0.

Why did I say that? Well, it appeared from his ini­tial video inter­view with The Guard­i­an that he had learned from pre­vi­ous whis­tleblow­ing cases: he had watched the media and care­fully chosen a journ­al­ist, Glenn Gre­en­wald, with a good track record on the rel­ev­ant issues who would prob­ably fight his corner fear­lessly; his inform­a­tion clearly demon­strated that the intel­li­gence agen­cies were spin­ning out of con­trol and build­ing sur­veil­lance states; he care­fully chose a jur­is­dic­tion to flee to that might have the clout to pro­tect him leg­ally against the wrath of an over-mighty USA; and he has used his inter­net and media savvy to gain as much expos­ure and pro­tec­tion as quickly as possible.

edward_snowdenPlus, he has been incred­ibly brave, con­sid­er­ing the dra­coni­an war on whis­tleblowers that is cur­rently being waged by the Amer­ic­an admin­is­tra­tion. There have been three oth­er NSA whis­tleblowers in recent years, all also talk­ing about endem­ic sur­veil­lance. All have paid a high per­son­al price, all dis­played great bravery in the face of adversity yet, sadly, none has achieved the same level of inter­na­tion­al impact. Were we just deaf to their warn­ings, or has Snowden played this better?

I think a bit of both.  He’s a geek, a young geek, he will have seen what happened to oth­er whis­tleblowers and appears to have taken steps to avoid the same pit­falls. He has gone pub­lic to pro­tect his fam­ily and pre­vent harm to his former col­leagues in any ensu­ing witch-hunt. And he has fled the coun­try in order to remain at liberty to argue his case, which is key to keep­ing the story alive for more than a week in the gad­fly minds of the old media. I know, I’ve been involved in the same process.

He has blown the whistle to pro­tect an Amer­ic­an way of life he thinks “worth dying for”. Yet he has broadened out the issues inter­na­tion­ally — what hap­pens in Amer­ica impacts the rest of the world. This, in my view, is cru­cial.  I have been writ­ing for years that the US is increas­ingly claim­ing glob­al leg­al hege­mony over the entire inter­net, as well as the right to kid­nap, tor­ture and murder for­eign­ers at will.

The Pat­ri­ot Act has not only shred­ded the US con­sti­tu­tion, it also now appar­ently has glob­al reach for as long as our craven gov­ern­ments allow it to. Now we know that this is not some abstract concept, the­ory or spec­u­la­tion — we are all poten­tially being watched

Edward Snowden argued his case very effect­ively in a live chat on The Guard­i­an news­pa­per web­site. It became clear that he is indeed a new gen­er­a­tion of whisteblower. This is not someone who wit­nessed one crime and imme­di­ately felt he had to speak out. This is a tech­nic­al expert who watched, over time and with dis­may, the encroach­ing Big Broth­er sur­veil­lance state that is tak­ing over the world via the NSA and its clones.

He is young, he had faith that a new gov­ern­ment would mean change, but in the end felt com­pelled to take con­sidered action when he wit­nessed the unac­count­able mis­sion creep, the lim­ited and inef­fec­tu­al over­sight, and the neutered politi­cians who rush to reas­sure us that everything is leg­al and pro­por­tion­ate when they really have no idea what the spy agen­cies get up to.

In both the US and the UK the spies repeatedly get away with lying to the notion­al over­sight bod­ies about mis­takes made, rules bent, and illeg­al oper­a­tions. Former seni­or CIA ana­lyst, Ray McGov­ern, has cata­logued the US lies, and here are a few home-brewed Brit­ish examples. The inter­net com­pan­ies have also been wrig­gling on the hook over the last week.

Snowden appears to be very aware not only of poten­tial state level sur­veil­lance but also the glob­al cor­por­at­ist aspect of the sub­ver­sion of the basic com­pan­ies most people use to access the inter­net — Google, Face­book, Microsoft, Yahoo, Apple, Skype et al. A few pion­eers have been dis­cuss­ing the need to pro­tect one­self from such cor­por­at­ist over­sight for years, and such pion­eers have largely been ignored by the main­stream: they’re “just geeks” they are “para­noid”, “tin foil hat” etc.

Edward Snowden has laid bare the truth of this glob­al­ised, cor­por­at­ist Big Broth­er state. From his pub­lic state­ments so far, he seems very alive to the inter­na­tion­al aspects of what he is reveal­ing. This is not just about Amer­ic­ans being snooped on, this affects every­body. We are all sub­ject to the bru­tal hege­mony that US securo­crats and cor­por­a­tions are try­ing to impose on us, with no rights, no redress under the law.

Big_Brother_posterWe have already seen this with the illeg­al US state take-down of Kim Dot­com’s secure cloud ser­vice, Megaup­load, with the glob­al per­se­cu­tion of Wikileaks, with Obama’s war on whis­tleblowers, with the NDAA, with the asym­met­ric extra­di­tion cases, with the drone wars across the Middle East and Cent­ral Asia.….  where to stop?

Snowden, through his incred­ible act of bravery, has con­firmed our worst fears. It is not just cor­por­a­tions that have gone glob­al — sur­veil­lance has too. And now, thank­fully, so too are whistleblowers.

What troubles me some­what is the way that the old media is respond­ing — even The Guard­i­an, which broke the story. Glenn Gre­en­wald is an excel­lent, cam­paign­ing journ­al­ist and I have no doubt what­so­ever that he will fight to the wire for his source.

How­ever, the news­pa­per as an entity seems to be hold­ing back the free flow of inform­a­tion. Char­it­ably, one could assume that this is to max­im­ise the impact of Snowden’s dis­clos­ures. Less char­it­ably, one could also see it as a way to eke out the stor­ies to max­im­ise the news­pa­per­’s profits and glory. Again, it’s prob­ably a bit of both.

How­ever, I do not think this will ulti­mately work in the best interests of the whis­tleblower, who needs to get the inform­a­tion out there now, and get the whole debate going now.

Plus, today it was repor­ted that a D‑Notice had been issued against the UK media last week. I have writ­ten before about this invi­di­ous self-cen­sor­ship with which the Brit­ish media col­lab­or­ates: seni­or edit­ors and seni­or mil­it­ary per­son­nel and spooks meet to agree wheth­er or not stor­ies may act against “nation­al secur­ity” (still a leg­ally undefined phrase), and ban pub­lic­a­tions accord­ingly. And this is “vol­un­tary” — what does that say about our press hold­ing power to account, when they will­ingly col­lude in the sup­pres­sion of inform­a­tion?

Plus, some of the key journ­al­ists at The Guard­i­an who were involved in the Wikileaks stitch-up are also now peck­ing away at the Snowden story. The old media are still con­tinu­ing to act as a bot­tle­neck of the free flow of inform­a­tion from whis­tleblowers to the pub­lic domain. In the post-Wikileaks era, this is a ret­ro­grade step. It is not for them to assess what the pub­lic needs to know, nor is it down to them to ana­lyse and second-guess why any whis­tleblower is doing what they are doing.

As Edward Snowden stated: “The con­sent of the gov­erned is not con­sent if it is not informed”.

RT interview about whistleblower Edward Snowden

The whis­tleblower behind last week’s PRISM leaks dra­mat­ic­ally went pub­lic last night.  Edward Snowden gave an inter­view to Glenn Gre­en­wald of The Guard­i­an explain­ing calmly and cogently why he chose to expose the NSA’s endem­ic data-min­ing. An immensely brave man.

Here is an inter­view I did about the case last night for RT:

And here is the tran­script.

Spies need more oversight, not new powers

Pub­lished on www​.polit​ics​.co​.uk, and Huff­ing­ton Post UK.

Fol­low­ing the awful murder of Drum­mer Lee Rigby in Wool­wich last week, the polit­ic­al securo­crats who claim to rep­res­ent the interests of the Brit­ish intel­li­gence ser­vices have swung into action, demand­ing yet fur­ther sur­veil­lance powers for MI5 and MI6 “in order to pre­vent future Wool­wich-style attacks”.

As I’ve writ­ten before, it was heart­en­ing that the UK Prime Min­is­ter said in the after­math of the attack that there would be no knee-jerk secur­ity reac­tion. How­ever, that has not deterred cer­tain intel­li­gence sock-pup­pets from polit­ic­al oppor­tunism — they stridently call for the resur­rec­tion of the draft Com­mu­nic­a­tions Data Bill that was earli­er this year kicked into the long grass. If the hawks are suc­cess­ful, the new law would have implic­a­tions not only for our freedoms at home, but also for our policy and stand­ing abroad.

Recently the civil liber­ties camp acquired a sur­pris­ing ally in this debate, with MI5 unex­pec­tedly enter­ing the fray.  And rightly so. There is abso­lutely no need for this new legis­la­tion, the requis­ite powers are already in place. Seni­or secur­ity sources have argued that those cit­ing the Wool­wich attack to pro­mote the snoop­ers’ charter are using a “cheap argu­ment”.

As I said in this recent BBC radio inter­view, all the neces­sary laws are already in place for MI5 either to pass­ively mon­it­or or aggress­ively invest­ig­ate per­sons of interest under the ori­gin­al terms of IOCA (1985) and updated in the Reg­u­la­tion of Invest­ig­at­ory Powers Act (RIPA 2000).

There now appears to be little doubt that the two Wool­wich sus­pects were well and truly on the MI5 radar. It has been repor­ted that they had been tar­gets for at least 8 years and that Michael Ade­bolajo had been approached to work as an agent by MI5 as recently as 6 months ago.

One of his friends, Abu Nusay­bah, recor­ded an inter­view for BBC’s News­night pro­gramme last week, only to be arres­ted by counter-ter­ror­ism police imme­di­ately after­wards. He stated that Ade­bolajo had been tor­tured and threatened with rape after his arrest in Kenya en route to Somalia, and that this treat­ment may have flipped him into more viol­ent action. Indeed, the tale gets ever mur­ki­er, with reports yes­ter­day stat­ing that Ade­bolajo was snatched by the SAS in Kenya on the orders of MI5.

Oth­er inform­a­tion has since been released by the organ­isa­tion Cage­Pris­on­ers indic­at­ing that Ade­bola­jo’s fam­ily and friends had also been har­rassed to pres­sur­ize him into report­ing to MI5.

All of which obvi­ates the early claims that Ade­bolajo was either a “lone wolf” or a low-pri­or­ity tar­get. It cer­tainly indic­ates to me that MI5 will have at the very least been mon­it­or­ing Ade­bola­jo’s com­mu­nic­a­tions data, espe­cially if they were try­ing to recruit him as a source. If that indeed turns out to have been the case, then without doubt MI5 will also have been inter­cept­ing the con­tent of his com­mu­nic­a­tions, to under­stand his think­ing and assess his access. Any­thing less would have been slip­shod — a derel­ic­tion of duty — and all this could and should have been done under the exist­ing terms of RIPA.

So what are the chances of some real over­sight or answers?

If we’re talk­ing about an inde­pend­ent inquiry, the chances are slim: the Inquir­ies Act (2005) passed little noticed into law, but it means that the gov­ern­ment and the depart­ment under invest­ig­a­tion can pretty much determ­ine the scope and terms of the inquiry to which they are subject.

How­ever, might we nail the flag of hope to the mast of the Intel­li­gence and Secur­ity Com­mit­tee of Par­lia­ment (ISC) — the com­mit­tee tasked with over­see­ing the work of the UK intel­li­gence agen­cies? The new DG of MI5, Andrew Park­er, has already sub­mit­ted a writ­ten report about Wool­wich and will be giv­ing evid­ence to the ISC in per­son next week about wheth­er MI5 missed some vital intel­li­gence or dropped the ball.

Th ISC of Par­lia­ment was estab­lished as part of the Intel­li­gence Ser­vices Act (1994) — the law that finally brought MI6 and GCHQ under the umbrella of notion­al demo­crat­ic over­sight. MI5 had already come into the leg­al fold with the Secur­ity Ser­vice Act (1989).

As I have writ­ten before, ini­tially the ISC was a demo­crat­ic fig-leaf — its mem­bers were appoin­ted by the PM not Par­lia­ment, it repor­ted dir­ectly to the PM, and its remit only covered the policy, fin­ance and admin­is­tra­tion of the UK’s intel­li­gence agencies.

Until this year the ISC could not invest­ig­ate oper­a­tion­al mat­ters, nor could it demand to see doc­u­ments or ques­tion top spooks under oath. Indeed, it has been well repor­ted that seni­or spies and police have long evaded mean­ing­ful scru­tiny by being “eco­nom­ic­al with the truth”.

Former MI5 DG Sir Steph­en Lander in 2001 said “I blanche at some of the things I declined to tell the com­mit­tee early on”; a more recent DG, Sir Jonath­an Evans, had to admit in 2008 that MI5 had lied about its involve­ment in tor­ture; and Lord Blair, former Com­mis­sion­er of the Met­ro­pol­it­an Police, had to apo­lo­gise in 2008 for mis­lead­ing the ISC about the num­ber of thwarted ter­ror­ist attacks on his watch.

How­ever the cur­rent Chair of the ISC, Sir Mal­com Rif­kind, has pur­sued a more mus­cu­lar over­sight role. And it seems he has at least won some battles. The one good ele­ment to have come out of the con­ten­tious Justice and Secur­ity Act (2013) appears to be that the ISC has more dir­ect account­ab­il­ity to Par­lia­ment, rather than just to the PM (the dev­il is expressed in the detail: the ISC is now “of” Par­lia­ment, rather than “in” Parliament…).

Some­what more per­tin­ently, the ISC can now invest­ig­ate oper­a­tion­al mat­ters, demand papers and wit­nesses, and it appears they now have a spe­cial invest­ig­at­or who can go and rum­mage around the MI5 Registry for information.

It remains to be seen how effect­ive the ISC will real­ist­ic­ally be in hold­ing the intel­li­gence agen­cies to account, even with these new powers. How­ever, Sir Mal­colm Rif­kind has good reas­on to know how slip­pery the spies can be — after all, he was the For­eign Sec­ret­ary in 1995/6, the years when MI6 was fund­ing Al Qaeda asso­ci­ates to assas­sin­ate Col­on­el Gad­dafi of Libya.  The attack went wrong, inno­cent people were killed and, cru­cially, it was illeg­al under UK law, as MI6 had not reques­ted the pri­or writ­ten per­mis­sion for such a plot from the For­eign Sec­ret­ary, as required under Sec­tion 7(1) of the afore­men­tioned ISA (1994). Rif­kind has always claimed that he was not told about the plot by MI6.

So, in the interests of justice let us hope that the Rif­kind and the oth­er mem­bers of the ISC fully exer­cise their powers and that MI5’s new DG, Andrew Park­er is some­what more frank about the work of his agency than his pre­de­cessors have been. It is only through great­er hon­esty and account­ab­il­ity that our intel­li­gence agen­cies can learn from the mis­takes of the past and bet­ter pro­tect our coun­try in the future.

BBC Radio interview about the “snoopers’ charter”

Yes­ter­day I gave an inter­view to BBC Radio Ulster about the secur­ity fall-out of the Wool­wich murder and the cyn­ic­al polit­ic­al oppor­tunism of those call­ing, inev­it­ably, for great­er powers for the spies and a rein­tro­duc­tion of the pro­posed Com­munuic­a­tions Data Bill, dubbed the “snoop­ers’ charter”.

Here is the link.

Woolwich murder — the “why?” should be obvious

The bru­tal murder in Wool­wich last week of Drum­mer Lee Rigby rightly caused shock and out­rage. Inev­it­ably there has been a media feed­ing frenzy about “ter­ror­ist” attacks and home-grown rad­ic­al­isa­tion.  Brit­ish Prime Min­is­ter, Dav­id Camer­on, felt it neces­sary to fly back from a key meet­ing in France to head up the Brit­ish secur­ity response.

One slightly heart­en­ing piece of news to emerge from all the hor­ror is that the PM has stated, at least for now, that there will be no knee-jerk secur­ity crack-down in the wake of this killing.  Sure, secur­ity meas­ures have been ramped up around mil­it­ary bases in the UK, but cyn­ic­al calls from the securo­crats to rean­im­ate a pro­posed “snoop­ers’ charter”, aka the draft Com­mu­nic­a­tions Data Bill, have for now been dis­coun­ted. And rightly so — MI5 already has all the neces­sary powers to mon­it­or suspects.

How­ever, there does still seem to be a polit­ic­ally disin­genu­ous view about the motiv­a­tion behind this murder.  Yet the sus­pects them­selves made no secret of it — indeed they stayed at the scene of the crime for twenty minutes appar­ently encour­aging pho­tos and smart phone record­ings in order to get across their mes­sage.  When the police armed response team finally arrived, the sus­pects reportedly charged at the police bran­dish­ing knives and pos­sibly a gun.  They were shot, but not fatally.  This may have been attemp­ted “sui­cide by cop” — delayed until they had said their piece.

This does not strike me as the actions of “crazed killers” as has been repor­ted in the media; rather it reminds me of the cold and cal­cu­lated actions of Nor­we­gi­an mass mur­der­er, Anders Breivik. The Wool­wich murder was designed to max­im­ize the impact of the mes­sage in this social media age.

And the mes­sage being? Well, it was indeed cap­tured on smart phone and sent out to the world.  The killers clearly stated that this was a polit­ic­al action designed to high­light the grue­some viol­ence daily meted out across North Africa, the Middle East, and Cent­ral Asia as a res­ult of the west­ern policy of mil­it­ary interventionism.

This mani­fests in a vari­ety of ways: viol­ent res­ist­ance and insur­gency against pup­pet gov­ern­ments as we see in Iraq; interne­cine civil war in coun­tries such as post-NATO inter­ven­tion Libya; cov­ert wars fought by west­ern prox­ies, as we see in Syr­ia; or overt attacks in Yemen, Somalia, Afgh­anistan and Pakistan, where US and UK con­trolled drones tar­get mil­it­ants named for assas­sin­a­tion on pres­id­en­tially-approved CIA kill lists with the res­ult­ing col­lat­er­al murder of com­munity gath­er­ings, chil­dren and wed­ding parties.

All this does not jus­ti­fy the appalling murder in Wool­wich, and the per­pet­rat­ors must face justice for the crime.  How­ever, it does go some way to explain­ing why such an atro­city occurred, and we as a soci­ety need to face up to the facts or this will hap­pen again.

Say­ing this does not make me an apo­lo­gist for ter­ror­ism, any more than it did journ­al­ist Glenn Gre­en­wald — a writer who has had the journ­al­ist­ic attack dogs unleashed on him for sim­il­ar views. Bey­ond the group-think deni­al­ism with­in the Wash­ing­ton Belt­way and the West­min­ster Vil­lage, the cause and effect are now widely-recog­nised. Indeed, in her 2010 testi­mony to the Chil­cot Inquiry about the Iraq War, former head of MI5 Eliza Man­ning­ham-Buller said pre­cisely the same thing — and I don’t think any­one would dare to label her “an apo­lo­gist for terrorism”.

The seed of Islam­ic extrem­ism was planted by west­ern colo­ni­al­ism, propag­ated by the 1953 CIA and MI6 coup against Pres­id­ent Mossade­gh of Iran, watered by their sup­port for a fledging Al Qaeda in the 1980s Afghan res­ist­ance to the Soviet inva­sion, and is now flour­ish­ing as a means both of viol­ently attempt­ing to eject west­ern occupy­ing forces from Muslim coun­tries and gain­ing retri­bu­tion against the West.

We need to face up to this new real­ity. The bru­tal murder of this sol­dier may be a one-off attack, but I doubt it.  Indeed, sim­il­ar attacks against French sol­diers in Toulouse occurred last year, and this week­end there has already been what appears to be a copy-cat attack against a sol­dier in Par­is.

In this endem­ic sur­veil­lance soci­ety ter­ror­ist groups are all too aware of the vul­ner­ab­il­it­ies inher­ent in large-scale, co-ordin­ated attacks, the plan­ning of which can be picked up by sigint or from inter­net “chat­ter”. Much sim­pler to go for the low-tech atro­city and cyn­ic­ally play the all-per­vas­ive social media angle for max­im­um coverage.

The UK media has repor­ted that the Wool­wich sus­pects have been on the Brit­ish intel­li­gence radar for the last 8 years, but MI5 failed to take prompt action. The inev­it­able gov­ern­ment enquiry has been prom­ised, but the fall-back defens­ive pos­i­tion, already being trot­ted out by former spies and ter­ror­ism experts across the media is that the secur­ity ser­vices are nev­er going to be in a pos­i­tion to accur­ately pre­dict when every rad­ic­al­ised per­son might “flip” into viol­ence and that such “lone wolf” attacks are the most dif­fi­cult to stop.

As more news emerges, this is look­ing increas­ingly disin­genu­ous. Reports have emerged that one of the sus­pects, Michael Ade­bolajo, was approached to work as an agent for MI5 half a year ago, appar­ently after he had been arres­ted and assaul­ted by police in Kenya. This may be anoth­er example of the secur­ity ser­vices’ failed Pre­vent ini­ti­at­ive that seems to be caus­ing more harm that good with­in the young Brit­ish Muslim community.

This story has been com­poun­ded by the recent intriguing arrest of one of Ade­bola­jo’s friends, the self-styled Abu Nusay­bah, imme­di­ately after he had fin­ished record­ing an inter­view about this for the BBC’s News­night pro­gramme.  The Met­ro­pol­it­an Police Counter-Ter­ror­ism Com­mand swooped at the Beeb and arres­ted the man on ter­ror­ism charges: he has now dis­ap­peared into the maw of the leg­al system.

The only long-term and poten­tially effect­ive solu­tion is to address the fun­da­ment­al issues that lead to Islam­ic viol­ence and ter­ror­ism and begin nego­ti­ations. The UK, at least, has been through this pro­cess before dur­ing the 1990s, when it was attempt­ing to resolve the civil war in North­ern Ire­land. Indeed my former boss, Eliza Man­ning­ham-Buller, stated as much dur­ing a BBC lec­ture in 2011, say­ing that the US and UK gov­ern­ments need to nego­ti­ate with Al Qaeda to reach a polit­ic­al set­tle­ment.

Over the last 20 years, Al Qaeda has con­sist­ently deman­ded the remov­al of the west­ern (pre­dom­in­antly US) mil­it­ary pres­ence from the Middle East. Since the 9/11 attacks our polit­ic­al elites and media have equally con­sist­ently spun us the line that Al Qaeda car­ries out attacks because it “hates our way of life, hates our freedoms”.

Unless our gov­ern­ments acknow­ledge the prob­lems inher­ent in con­tin­ued and viol­ent west­ern inter­ven­tion­ism, unless they can accept that the war on ter­ror res­ults in rad­ic­al­isa­tion, “blow­back” and yet more inno­cent deaths, and until they admit that nego­ti­ation is the only viable long-term solu­tion, we are all con­demned to remain trapped in this ghastly cycle of violence.

RT interview about the Woolwich murder

Here is my RT inter­view yes­ter­day about the Wool­wich attack. A hor­rif­ic murder and my thoughts are with the fam­ily of the poor victim.

That said, the Brit­ish and Amer­ic­an gov­ern­ments and the NATO coun­tries are disin­genu­ous of they think that their strategy of viol­ent inter­ven­tion­ism across North Africa, the Middle East and Cent­ral Asia will have no con­sequences. As a res­ult of our illeg­al wars, CIA kill lists and drone strikes, count­less fam­il­ies are suf­fer­ing such trauma, viol­ence and loss across the region every day.

RT inter­view: Lone-wolf attack to become main expres­sion of rad­ic­al­isa­tion? from Annie Machon on Vimeo.

Journalists need to tool up

Pub­lished in the Huff­ing­ton Post UK:

Over the last week more sound, fury and indig­na­tion has cas­caded forth from the US media, spill­ing into the European news, about the Amer­ic­an gov­ern­ment and the Asso­ci­ated Press spy­ing scan­dal.

Last week it emerged that the US Depart­ment of Justice mon­itored the tele­phones of, gasp, journ­al­ists work­ing at AP. Appar­ently this was done to try to invest­ig­ate who might have been the source for a story about a foiled ter­ror­ist plot in Yemen. How­ever, the drag­net seems to have widened to cov­er almost 100 journ­al­ists and poten­tially threatened gov­ern­ment­al leak­ers and whis­tleblowers who, in these days of sys­tem­at­ic secur­ity crack­downs in the US, are fast becom­ing Pub­lic Enemy No 1.

Now it appears that the US DoJ has been read­ing the emails of a seni­or Fox News report­er. And this has got the US hacks into a fright­ful tizz. What about the First Amendment?

Well, what about the fact that the Pat­ri­ot Act shred­ded most of the US Con­sti­tu­tion a dec­ade ago?

Also, who is actu­ally facing the secur­ity crack­down here? The US journ­al­ists are bleat­ing that their sources are dry­ing up in the face of a sys­tem­at­ic witch hunt by the US admin­is­tra­tion. That must be hard for the journ­al­ists — hard at least to get the stor­ies and by-lines that ensure their con­tin­ued employ­ment and the abil­ity to pay the mort­gage. This adds up to the phrase du jour: a “chilling effect” on free speech.

Er, yes, but how much harder for the poten­tial whis­tleblowers? They are the people facing not only a loss of pro­fes­sion­al repu­ta­tion and career if caught, but also all that goes with it. Plus, now, they are increas­ingly facing dra­coni­an pris­on sen­tences under the recently rean­im­ated and cur­rently much-deployed US 1917 Espi­on­age Act for expos­ing issues in the pub­lic interest. Ex-NSA Thomas Drake faced dec­ades in pris­on for expos­ing cor­rup­tion and waste, while ex-CIA John Kiriakou is cur­rently lan­guish­ing in pris­on for expos­ing the use of torture.

The US gov­ern­ment has learned well from the example of the UK’s Offi­cial Secrets Acts — laws that nev­er actu­ally seem to be wiel­ded against real estab­lish­ment trait­ors, who always seem to be allowed to slip away, but which have been used fre­quently and effect­ively to stifle dis­sent, cov­er up spy crimes, and to spare the blushes of the Establishment.

So, two points:

Firstly, the old media could and should have learned from the new mod­el that is Wikileaks and its ilk. Rather than asset strip­ping the organ­isa­tion for inform­a­tion, while abandon­ing the alleged source, Brad­ley Man­ning, and the founder, Juli­an Assange, to their fates, Wikileak­s’s erstwhile allies could and mor­ally should cam­paign for them. The issues of the free flow of inform­a­tion, demo­cracy and justice are big­ger than petty argu­ments about per­son­al­ity traits.

Plus, the old media appear to have a death wish: to quote the words of the former New York Times edit­or and Wikileaks col­lab­or­at­or Bill Keller, Wikileaks is not a pub­lish­er — it is a source, pure and simple. But surely, if Wikileaks is “only” a source, it must be pro­tec­ted at all costs — that is the medi­a’s prime dir­ect­ive. Journ­al­ists have his­tor­ic­ally gone to pris­on rather than give away their sources.

How­ever, if Wikileaks is indeed deemed to be a pub­lish­er and can be per­se­cuted this way, then all the old media are equally vul­ner­able. And indeed that is what we are wit­ness­ing now with these spy­ing scandals.

Secondly, these so-called invest­ig­at­ive journ­al­ists are sur­prised that their phones were tapped?  Really?

If they are doing prop­er, worth­while journ­al­ism, of course their comms will be tapped in a post-Pat­ri­ot Act, sur­veil­lance-state world. Why on earth are they not tak­ing their own and their sources’ secur­ity ser­i­ously? Is it ama­teur night?

In this day and age, any ser­i­ous journ­al­ist (and there are still a few hon­our­able examples) will be tak­ing steps to pro­tect the secur­ity of their sources. They will be tooled up, tech-savvy, and they will have atten­ded Crypto-parties to learn secur­ity skills. They will also be pain­fully aware that a whis­tleblower is a per­son poten­tially facing pris­on, rather than just the source of a career-mak­ing story.

If main­stream journ­al­ists are ser­i­ous about expos­ing cor­rup­tion, hold­ing power to account, and fight­ing for justice they need to get ser­i­ous about source pro­tec­tion too and get teched-up. Help is widely avail­able to those who are inter­ested. Indeed, this sum­mer the Centre for Invest­ig­at­ive Journ­al­ism is host­ing talks in Lon­don on this sub­ject, and many oth­er inter­na­tion­al journ­al­ism con­fer­ences have done the same over the last few years.

Sadly, the level of interest and aware­ness remains rel­at­ively low — many journ­al­ists retain a naïve trust in the gen­er­al leg­al­ity of their gov­ern­ment’s actions: the author­it­ies may bend the rules a little for “ter­ror­ists”, but of course they will abide by the rules when it comes to the media.….

.…or not. Water­gate now looks rather quaint in comparison.

As for me: well, I have had some help and have indeed been teched-up. My laptop runs the free Ubuntu Linux (the 64 bit ver­sion for grown-ups) from an encryp­ted sol­id state hard drive. I have long and dif­fer­ent pass­words for every online ser­vice I use. My mail and web serv­er are in Switzer­land and I encrypt as much of my email as pos­sible. It’s at least a start.

And here’s what I have to say about why journ­al­ists should think about these issues and how they can pro­tect both them­selves and their sources:  Open­ing key­note “The Big Dig Con­fer­ence” from Annie Machon on Vimeo.

NORML Conference, 18–19th May in Bristol

LEAP_logoThis com­ing week­end NORML UK will be hold­ing its first AGM and nation­al con­fer­ence in Bristol.

Mr Nice, aka Howard Marks, will be open­ing the event and speak­ing on the Sat­urday night dur­ing the two-day event.

Join­ing the event to dis­cuss the need for a sens­ible and evid­ence-based rethink about drug policy will be many oth­er speak­ers from groups such as Trans­form, Stu­dents for Sens­ible Drug Policy, the Beckley Found­a­tionRelease, former Chief Con­stable of Cam­bridge­shire Tom Lloyd, and of course, Law Enforce­ment Against Pro­hib­i­tion.

The head of LEAP UK, former Met police detect­ive and forensic money-laun­der­ing expert Row­an Bos­worth-Dav­ies, will be speak­ing on Sunday19th May.

I shall be speak­ing at the con­fer­ence on the Sat­urday after­noon, and then enjoy­ing the even­ing with Howard Marks et al.  Come along if you can.

The Value of Whistleblowers

I was recently invited to write an art­icle for the Nat West Busi­ness Sense online magazine about the poten­tial value and bene­fits of whis­tleblowers.  Here’s the link, and here’s the article:

The con­tro­ver­sial issue of whis­tleblow­ing has been firmly thrust into the pub­lic con­scious­ness over the last few years with the ongo­ing saga of Wikileaks.

Often whis­tleblowers can get a bad rap in the media, deemed to be trait­ors, grasses or snitches.  How­ever, rather than a phe­nomen­on to be feared, if handled cor­rectly whis­tleblowers can often be bene­fi­cial to their organ­isa­tions.  Allow me to explain.

I have a nod­ding acquaint­ance with the pro­cess.  In the 1990s I worked as an intel­li­gence officer for the UK domest­ic Secur­ity Ser­vice, gen­er­ally known as MI5, before resign­ing to help my former part­ner and col­league Dav­id Shayler blow the whistle on a cata­logue of incom­pet­ence  and crime.  As a res­ult we had to go on the run around Europe, lived in hid­ing and exile in France for 3 years, and saw our friends, fam­ily and journ­al­ists arres­ted around us.  I was also arres­ted, although nev­er charged, and Dav­id went to pris­on twice for expos­ing the crimes of the spies. It was a heavy price to pay.

How­ever, it could all have been so dif­fer­ent if the UK gov­ern­ment had agreed to take his evid­ence of spy crimes, under­take to invest­ig­ate them thor­oughly, and apply the neces­sary reforms.  This would have saved us a lot of heartache, and could poten­tially have improved the work of the spies. But the gov­ern­ment’s instinct­ive response is always to pro­tect the spies and pro­sec­ute the whis­tleblower, while the mis­takes and crimes go unin­vestig­ated and unre­solved. Or even, it often appears, to reward the mal­efact­ors with pro­mo­tions and gongs.

The dra­coni­an Offi­cial Secrets Act (1989) imposes a blanket ban on any dis­clos­ure what­so­ever.  As a res­ult, we the cit­izens have to take it on trust that our spies work with integ­rity. There is no mean­ing­ful over­sight and no accountability.

Many good people do indeed sign up to MI5, MI6 and GCHQ, as they want a job that can make a dif­fer­ence and poten­tially save lives.  How­ever, once on the inside they are told to keep quiet about any eth­ic­al con­cerns: “don’t rock the boat, and just fol­low orders”.

In such an envir­on­ment there is no vent­il­a­tion, no account­ab­il­ity and no staff fed­er­a­tion, and this inev­it­ably leads to a gen­er­al con­sensus – a bul­ly­ing “group think” men­tal­ity.  This in turn can lead to mis­takes being covered up rather than les­sons learned, and then poten­tially down a dan­ger­ous mor­al slide.

As a res­ult, over the last dec­ade we have seen scan­dal heaped upon intel­li­gence scan­dal, as the spies allowed their fake and politi­cised inform­a­tion to be used make a false case for an illeg­al war in Iraq; we have seen them des­cend into a spir­al of extraordin­ary rendi­tion (ie kid­nap­ping) and tor­ture, for which they are now being sued if not pro­sec­uted; and we have seen that they facil­it­ate dodgy deals in the desert with dictators.

But it is not all bleak.  Recently, Dr Tom Fin­gar received The Sam Adams Award for Integ­rity in Intel­li­gence in Oxford for his work on com­pil­ing the US Nation­al Intel­li­gence Estim­ate of 2007.  In this he sum­mar­ised the con­clu­sions of all 16 US intel­li­gence agen­cies by say­ing that Iran had ceased try­ing to devel­op a nuc­le­ar weapons cap­ab­il­ity in 2003.

There was immense polit­ic­al pres­sure on him to sup­press this evid­ence, but he went ahead with the report and thereby single-handedly hal­ted the US gov­ern­ment’s rush to war with Iran.  By hav­ing the cour­age to do his job with integ­rity, Dr Fin­gar is respons­ible for sav­ing count­less lives across Iran.

In the world of intel­li­gence, where secrecy is para­mount, where crimes can hushed up, and where there is no aven­ue for voicing con­cern and dis­sent, it is per­haps inev­it­able that whis­tleblowers will con­tin­ue to emerge.

But in oth­er sec­tors of work mis­takes can be just as life threat­en­ing and the need for expos­ure just as great.  In the UK over the last few years many seni­or med­ic­al whis­tleblowers have emerged from the NHS, detail­ing mis­takes and incom­pet­ence that have put the pub­lic at risk.  Alas, rather than learn from mis­takes made, all too often NHS bosses have either vic­tim­ised the whis­tleblowers by sus­pend­ing them or ruin­ing their repu­ta­tion, or they have insisted that they sign gag­ging orders and then covered up the mis­takes.  Neither option is a good out­come either for staff mor­ale or for patient safety.

While the cul­ture of cov­er-up exists, so too will whis­tleblowers. How could this be resolved, and what would be the poten­tial benefits?

If employ­ers insti­tute a cul­ture of trust and account­ab­il­ity, where employ­ees with con­cerns can be fairly heard, the appro­pri­ate action taken, and justice done, the needs and imper­at­ives behind whis­tleblow­ing would dis­ap­pear. Poten­tial prob­lems could be nipped in the bud, improv­ing pub­lic trust and con­fid­ence in the prob­ity of the organ­isa­tion and avoid­ing all the bad pub­li­city fol­low­ing a whis­tleblow­ing case.

Plus, of course, the poten­tial whis­tleblowers would have a legit­im­ate aven­ue to go down, rather than hav­ing to turn their lives inside out – they would no longer need to jeop­ard­ise their pro­fes­sion­al repu­ta­tion and all that goes with it such as career, income, social stand­ing and even, poten­tially their freedom.

Hav­ing a sound pro­ced­ure in place to address staff con­cerns strikes me as a win-win scen­ario – for staff effi­ciency and mor­ale, the organ­isa­tion’s oper­a­tion­al cap­ab­il­ity and repu­ta­tion, and poten­tially the wider pub­lic, too.

Security and liberty — the aftermath of the Boston bombings

An abbre­vi­ated ver­sion of this art­icle was pub­lished by RT Op-Edge yesterday.

News of the two bombs in Boston, in which 3 people have so far died and more than 100 have been injured, has rico­cheted around the world.  Bey­ond the grim stat­ist­ics, there is little con­crete evid­ence about the who and the why, and nor will there be pos­sibly for days or even weeks.  This con­fu­sion is inev­it­able in the wake of such an attack, as the intel­li­gence agen­cies and police play frantic catch-up to identi­fy the per­pet­rat­ors and, we hope, bring them to justice — although of course in post-Pat­ri­ot Act, post-NDAA Amer­ica, the per­pet­rat­ors are more likely to find their names on the CIA’s pres­id­en­tially-approved kill list.

In the absence of facts, the media fills its air­waves with spec­u­la­tion and repe­ti­tion, thereby inad­vert­ently whip­ping up yet more fear and uncer­tainty.  The fall-out from this is an erup­tion of pre­ju­dice in the social media, with desk bound her­oes jump­ing to con­clu­sions and advoc­at­ing viol­ent repris­als against whole swathes of the Middle East.  And this fear and hate plays straight into the hands of the “enemy-indus­tri­al com­plex” so aptly described by Tom Engel­hardt recently.

With that in mind, let’s take a moment to pay our respects to those who died in ter­ror­ist attacks on Monday. Even a quick surf through the inter­net pro­duces a grim and no doubt incom­plete tally: Iraq (55); Afgh­anistan (7); Somalia (30); Syr­ia (18); Pakistan (4); USA (3). All these num­bers rep­res­ent someone’s child, moth­er, friend, broth­er, loved one, and all will be mourned.

Alas, not all of these vic­tims will receive as much air-time as the unfor­tu­nates caught up in the Boston attacks. And this is espe­cially the case where attacks are car­ried out by the Amer­ic­an mil­it­ary against sus­pec­ted “insur­gents” across the Middle East.

Indeed, on the same day The Tele­graph repor­ted that the UN spe­cial rap­por­teur on counter-ter­ror­ism and human rights, fam­ous Brit­ish bar­ris­ter Ben Emmer­son (Queen’s Coun­sel), had stated that drone strikes across the Middle East were illeg­al under inter­na­tion­al law. Their con­tin­ued use only served to legit­im­ise Al Qaeda attacks against the US mil­it­ary and its infra­struc­ture in the region.

bradley_manningAs we saw in 2010 when Wikileaks released the video, “Col­lat­er­al Murder”, such atro­cit­ies are covered up for years, denied by the gov­ern­ment, nor will the per­pet­rat­ors be held to account — they are prob­ably still serving in the mil­it­ary. Instead the whis­tleblower who exposed this crime, Brad­ley Man­ning, lan­guishes in pris­on facing a court mar­tial, and the pub­lish­er of the mater­i­al, Wikileaks, faces glob­al repres­sion and a secret fed­er­al grand jury indict­ment.

With its end­less, spec­u­lat­ive scare­mon­ger­ing about the Boston attacks, the US media plays a diabol­ic­al role in fur­ther­ing the work of the attack­ers — ie ter­ror­ising the pop­u­la­tion, indu­cing them to live in a state of abject fear.  Of course, once suit­ably ter­ror­ised, the US people will be even more will­ing to give away what remains of their his­tor­ic freedoms, all in the name of increas­ing their secur­ity.  Well, we know the views of one late, great Amer­ic­an on this sub­ject, Ben­jamin Frank­lin: “those who would give up essen­tial liberty to pur­chase a little tem­por­ary safety deserve neither liberty nor safety”.

Indeed, the abrog­a­tion of liberty in the USA has pat­ently not res­ul­ted in great­er secur­ity, as Boston has so bru­tally demon­strated. No soci­ety can pro­tect itself abso­lutely against terrorism.

In a demo­cracy, just as rights come with respons­ib­il­it­ies, so freedoms come with risk. And we need to remem­ber that those freedoms were hard-won by our ancest­ors and will be equally dif­fi­cult to win back if we heed­lessly throw them away now, while the risks remain stat­ist­ic­ally negligible.

Guantanamo_BaySuc­cess­ive US gov­ern­ments have already decim­ated the basic rights of the US people in the post‑9/11 secur­ity pan­ic. At the sharp end, people, both glob­ally and now also in Amer­ica, can be extraordin­ar­ily rendered (kid­napped) to black pris­on sites and tor­tured for years on the word of anonym­ous intel­li­gence officers, they can be denied due leg­al pro­cess, and they can be killed on pres­id­en­tial decree by drone strikes — a real-world ver­sion of the snuff video.

Addi­tion­ally, the US has des­cen­ded into a pan­op­tic­an sur­veil­lance state, with endem­ic data-min­ing of com­mu­nic­a­tions, air­borne drone spy­ing, and the cat­egor­isa­tion of pro­test­ers as “domest­ic extrem­ists” or even “ter­ror­ists” who are then beaten up by mil­it­ar­ised police forces. This oti­ose secur­ity theatre con­stantly reminds US cit­izens to be afraid, be very afraid, of the enemy within.

Ter­ror­ist atro­cit­ies are crim­in­al acts, they are not a sep­ar­ate form of “evil­tude”, to use George Bush-era ter­min­o­logy.  As such, the crim­in­als behind such attacks should be invest­ig­ated, evid­ence gathered, and they should be tried in front of a jury of their peers, where justice can be done and be seen to be done. So it is troub­ling that the Boston FBI bur­eau chief, Richard Des­Laur­i­ers, is today quoted in the New York Times as say­ing he is work­ing on “a crim­in­al invest­ig­a­tion that is a poten­tial ter­ror­ist invest­ig­a­tion”. The pre­cise dif­fer­ence being?

Like­wise, ter­ror­ist attacks are not an exist­en­tial threat to the fab­ric of the nation, even events on the scale of 9/11.  How­ever, I would sug­gest that the response of the secur­ity-indus­tri­al com­plex poses a great­er exist­en­tial threat to the future well-being of the USA. The post‑9/11 secur­ity crack­down in the USA has eroded core demo­crat­ic val­ues, while the mil­it­ary response across the Middle East has bank­rup­ted Amer­ica and cre­ated a gen­er­a­tion of poten­tial enemies.

But it does­n’t have to be this way. Com­pare and con­trast the response of the Nor­we­gi­an people in the after­math of the ter­ror­ist attacks and murder of 77 people by Anders Breivik. As a coun­try, there was a need to see justice done, but not to allow such an appalling attack to com­prom­ise the val­ues of the soci­ety and des­troy a cher­ished way of life for all.  And this the Nor­we­gi­an people achieved.

BishopsgateSim­il­arly between the late 1980s and the late 1990s the UK endured Lock­er­bie, Omagh, Bish­opsgate, Canary Wharf, and Manchester, to name but a few major atro­cit­ies.  A good sum­mary of the ter­ror­ist attacks against Lon­don alone over the last 150 years can be found here, with the first Tube bomb­ing occur­ring in 1885.  A pilot, Patrick Smith, also recently wrote a great art­icle about air­craft secur­ity and the sheer scale of the ter­ror­ist threat to the West in the 1980s — and asks a very per­tin­ent ques­tion: just how would we col­lect­ively react to such a stream of atro­cit­ies now?

Dur­ing the 1990s, at the height of the Pro­vi­sion­al IRA’s bomb­ing cam­paign on main­land Bri­tain, I lived in cent­ral Lon­don and worked as an intel­li­gence officer for the UK’s domest­ic Secur­ity Ser­vice (MI5). Put­ting aside my pro­fes­sion­al life, I have per­sonal memor­ies of what it was like to live under the shad­ow of ter­ror­ism.  I remem­ber mak­ing my way to work in 1991 and com­mut­ing through Vic­toria train sta­tion in Lon­don 10 minutes before a bomb, planted in a rub­bish bin, exploded on the sta­tion con­course.  One per­son was killed, and many sus­tained severe injur­ies.  One per­son had their foot blown off — the image haunted me for a long time.

I also vividly remem­ber, two years later, sit­ting at my desk in MI5’s May­fair office, and hear­ing a dull thud in the back­ground — this turned out to be a bomb explod­ing out­side Har­rods depart­ment store in Knights­bridge.  And let’s not for­get the almost daily dis­rup­tion to the tube and rail net­works dur­ing the 1990s because of secur­ity alerts.  Every Lon­doner was exhor­ted to watch out for, and report, any sus­pi­cious pack­ages left at sta­tions or on streets.

Lon­don­ers grew used to such incon­veni­ence; they grumbled a bit about the dis­rup­tion and then got on with their lives — echoes of the “keep calm and carry on” men­tal­ity that evolved dur­ing the Blitz years.  In the 1990s the only notice­able change to London’s diurn­al rhythm was that there were few­er US tour­ists clog­ging up the streets — an early indic­a­tion of the dis­pro­por­tion­ate, para­noid US reac­tion to a per­ceived ter­ror­ist threat.

In con­trast to the post‑9/11 years, the UK did not then react by shred­ding the basic freedoms of its people.  There were cer­tainly con­tro­ver­sial cases and heated debates about how long you could hold a ter­ror­ist sus­pect without charge, but the way of life con­tin­ued much as before. Now, twelve years after 9/11 — an attack on a dif­fer­ent con­tin­ent — the UK has all the laws in place to enact a de facto police state with­in days.

Life and liberty are both pre­cious. It is always tra­gic when lives are be lost in the name of some twis­ted or arcane polit­ic­al cause; it is even more tra­gic when the liberty of all is also lost as a result.

Statue_of_Liberty_7My heart goes out to those who were injured and to the friends and fam­il­ies who have lost loved ones in the Boston attacks, in the same way it goes out to all those who were killed and maimed across the Middle East yesterday.

How­ever, I do urge cau­tion in the US response; evid­ence needs to be gathered and justice seen to be done. Anoth­er secur­ity crack­down on a fear­ful US pop­u­la­tion will hurt Amer­ic­ans much more than two bombs in Boston ever could, while yet more remotely-con­trolled revenge killings across the Middle East will kill, maim and dis­place many more thousands.

I shall leave you with a quote from anoth­er great Amer­ic­an, Thomas Jefferson:

Single acts of tyranny may be ascribed to the acci­dent­al opin­ion of the day; but a series of oppres­sions, begun at a dis­tin­guished peri­od, and pur­sued unal­ter­ably through every change of min­is­ters too plainly proves a delib­er­ate, sys­tem­at­ic plan of redu­cing us to slavery.

Anonymous Interventions

Anoth­er RT inter­view today, dis­cuss­ing the take-down of many Israeli web­sites by hackt­iv­ist group, Anonymous:

Israel Hacked — Anonym­ous assault act of protest, not ter­ror from Annie Machon on Vimeo.

The motiv­a­tion behind the protest, as pos­ted by Anonym­ous, stated to the Israeli gov­ern­ment: “You have NOT stopped your end­less human right viol­a­tions. You have NOT stopped illeg­al set­tle­ments. You have NOT respec­ted the cease­fire. You have shown that you do NOT respect inter­na­tion­al law.

RT Interview about the Bradley Manning Hearing

Today’s RT inter­view about the Brad­ley Man­ning hearing:

And here’s the tran­script of the full inter­view I did.

Taken to court.…

A fun inter­view with Heimir Már Pétursson on TV2, filmed dur­ing my recent tour of Iceland:

Ice­land TV 2 from Annie Machon on Vimeo.