Talking about totalitarianism at ETH‑0, January 2010

ETH-0_PosterIn Janu­ary I had the pleas­ure of speak­ing in The Neth­er­lands at the excel­lent geek­fest known as ETH‑0.  Rather than just banging on about the spooks, I thought it was time to take a step back and exam­ine what exactly we mean when we talk about total­it­ari­an­ism, police states, and how far down the road our coun­tries have gone.

I also wanted to drive home to an audi­ence, many of whom are too young to remem­ber the Cold War, what exactly it would be like to live under a police state with its endem­ic surveillance. 

And here’s the talk:

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.

Alan Johnson’s MI5 File?

Alan_JohnsonI won­der what inform­a­tion, if any, MI5 has on file about new-ish UK Home Sec­ret­ary, Alan John­son?  Or, more per­tin­ently, what HE thinks the spies might have.…..

How else explain his recent com­ments in The Daily Tory­graph? He said that he will be the voice of those who can­not defend them­selves — ie those poor, anonym­ous intel­li­gence officers in MI5.  He even drags out the hoary old chest­nut that a crim­in­al invest­ig­a­tion into prima facie evid­ence that the spooks have been involved in ser­i­ous crime — the tor­ture of anoth­er human being — would dam­age nation­al security. 

I’m sur­prised he man­aged to bite back Tony Blair’s infam­ous line, that an invest­ig­a­tion into pos­sible spy incom­pet­ence and crime would be a “ludicrous diversion”

Ever since Labour came to power in 1997, we have had a series of Home Sec­ret­ar­ies strain­ing to avoid doing their job vis a vis the spooks in Thames House: the job being that of polit­ic­al mas­ter of MI5, thereby provid­ing a modic­um of demo­crat­ic over­sight to an extremely power­ful and secret­ive organ­isa­tion, hold­ing it to account and ensur­ing it obeys the law. 

The role of Home Sec­ret­ary is not to be the cham­pi­on of unac­count­able spies who are pro­tec­ted from invest­ig­a­tion and over­sight by a whole raft of secrecy legislation.

More and more evid­ence is emer­ging that MI5 assisted the USA’s extraordin­ary rendi­tion plan, that it  was com­pli­cit in tor­ture, and that its officers have lied to cov­er their tracks.  Under this ava­lanche of scan­dal, some MPs have finally woken up to the fact that the Home Sec­ret­ary should be ensur­ing MI5 obeys the law.  Some are even dar­ingly sug­gest­ing that there should be prop­er Par­lia­ment­ary over­sight of the spies, rather than the fig leaf that is the Intel­li­gence and Secur­ity Com­mit­tee — hand-picked by and only answer­able to the Prime Min­is­ter, and power­less to ques­tion intel­li­gence officers under oath, demand papers, or look at any­thing more ser­i­ous than policy, fin­ance or administration.

Walk_the_plankThe Met­ro­pol­it­an Police have even begun a crim­in­al invest­ig­a­tion into MI5’s com­pli­city in tor­ture.  While I doubt any case that could, ahem,  “dam­age nation­al secur­ity” will ever come to court,  a few juni­or officers may be asked to do the decent thing and quietly walk the plank. 

But the real issue — the closed, self-per­petu­at­ing group-think cul­ture, where officers should just fol­low orders and not rock the boat — will con­tin­ue unchal­lenged, res­ult­ing inev­it­ably in yet more scandals.

It is time we had a Home Sec­ret­ary who is up to the job and who has the back­bone to ini­ti­ate some mean­ing­ful reform of MI5

Spy Chiefs attack UK Police State

DearloveSir Richard Dear­love, ex-head of MI6 and cur­rent Mas­ter of Pem­broke Col­lege, Cam­bridge, has been much in the news recently after gra­cing the Hay on Wye book fest­iv­al, where he gave a speech.  In this, he is repor­ted to have spoken out, in strong terms, against the endem­ic and all-per­vas­ive sur­veil­lance soci­ety devel­op­ing in the UK

Ex-spy chiefs in the UK have a charm­ing habit of using all these sur­veil­lance meas­ures to the nth degree while in the shad­ows, and then hav­ing a Dam­as­cene con­ver­sion into civil liber­ties cam­paign­ers once they retire.  Eliza Man­ning­ham-Buller, the ex-head of MI5, used her maid­en speech in the House of Lords to argue against the exten­sion of the time lim­it the police could hold a ter­ror­ist sus­pect without charge, and even Stella Rim­ing­ton (also ex-MI5) has recently thrown her hat in the ring.  They nick all my best lines these days.

Would­n’t it be great if one of them, one day, could argue in favour of human rights, pro­por­tion­al­ity and the adher­ence to the law while they were still in a pos­i­tion to influ­ence affairs?

Dear­love him­self could have changed the course of world his­tory if he had found the cour­age to speak out earli­er about the fact that the intel­li­gence case for the Iraq war was being fixed around pre-determ­ined policy.  As it is, we only know that he objec­ted to this because of the notori­ous, leaked Down­ing Street Memo.

The Guard­i­an news­pa­per repor­ted that Dear­love even touched on the real­ity of obtain­ing min­is­teri­al per­mis­sion before break­ing the law.  Which, of course, is the ulti­mate point of the 1994 Intel­li­gence Ser­vices Act, and does indeed enshrine the fabled “licence to kill”.  It states that MI6 officers can break the law abroad with impun­ity from pro­sec­u­tion if, and only if, they obtain pri­or writ­ten per­mis­sion from their polit­ic­al mas­ter — in this case the For­eign Secretary.

How­ever, accord­ing to The Guard­i­an, he seems to have mis­un­der­stood the spir­it of the law, if not the letter:

He said that the intel­li­gence com­munity was “some­times asked to act in dif­fi­cult cir­cum­stances. When it does, it asks for leg­al opin­ion and min­is­teri­al approv­al … It’s about polit­ic­al cover”. 

Moment­ar­ily put­ting aside the not unim­port­ant debate about wheth­er the spies and the gov­ern­ment should even be allowed tech­nic­ally to side-step inter­na­tion­al laws against crimes up to, and includ­ing, murder, I am still naively sur­prised by the shame­less­ness of this state­ment:  the notion of min­is­teri­al over­sight was put in place to ensure some kind of demo­crat­ic over­sight and account­ab­il­ity for the work of the spies — not to provide polit­ic­al cov­er, a fig leaf.

I think he’s rather giv­en the game away here about how the spies really view the role of  their “polit­ic­al masters”.

The Canadian Tour

OK, so I’m a crap blog­ger — but I have to say that my access to the inter­net was severely lim­ited dur­ing my travels across Canada!  And then I had to go back to the UK, then NL.…

Vancouver_posterCanada was great — the first nation­al speak­ing tour organ­ised by the coun­try’s  9/11 groups.  And before you roll your eyes, these are cit­izens’ groups that are call­ing for a new enquiry — in response to a moun­tain of evid­ence from hun­dreds of cred­ible experts around the world, who ques­tion the offi­cial account peddled by the 9/11 Commission. 

Bear­ing in mind how the issue of 9/11 has been used and abused by our dear gov­ern­ments to jus­ti­fy the end­less “war on ter­ror”, the use of tor­ture, the wars in the Middle East and the erosion of our freedoms at home, I think any con­cerned and respons­ible cit­izen should, at the very least, keep an open mind about this issue and do their own research.  Espe­cially as the 9/11 Com­mis­sion was, in the words of its two chairs, Keane and Hamilton, “set up to fail”!

But back to the tour.  Huge thanks go to Patrick, the nation­al organ­iser of the tour, who had the vis­ion and com­mit­ment to pull the whole thing togeth­er, as well as sort out all the logist­ics and arrange a con­stant flow of media inter­views for me, of which more below.  And of course to the organ­isers of the events: Eliza­beth, Ruk­shana, Mark, JF, Michael, Adam, Adnan, Graeme, and all the oth­er act­iv­ists — too many to name individually.

I had to fly to Van­couver via Chica­go O’Hare, which spooked me to begin with.  I’ve been through that air­port before and it has, in the past, lived up to its well-deserved repu­ta­tion for power-crazed immig­ra­tion officers.  How­ever, I got a real sweetie — we ended up hav­ing an inter­est­ing chat about the nature of demo­cracy, before he cracked a smile and waved me through. 

In com­par­is­on, Van­couver air­port is a Zen exper­i­ence — all nat­ive art install­a­tions and water­falls.  As I emerged blink­ing into the late after­noon sun­shine (it was about 3am by my body clock), I was greeted by the Van­couver posse and whisked away in the Truth Bus to food, wine and anoth­er radio inter­view

Georgina_photo3I did a series of radio and news­pa­per inter­views the next morn­ing (thanks, Ruk­shana’s mum for the use of the phone!), before being whisked off on a tour of Van­couver by Ruk­shana and Geor­gina.  The city blew me away with its beauty — moun­tains up close, parks, sea and arty quar­ters.  If it was­n’t so
damned close to the US bor­der, I would be ser­i­ously temp­ted to move
there. 

At the end of the after­noon, I had a fab time being inter­viewed on Van­couver 1410 CFUN driv­e­time radio, before one more tele­phone inter­view and a well-earned glass of cham­pagne at Geor­gina and Darren’s.

After this day of recov­ery, I was then invited onto the Bill Good Show the next morn­ing.  Bill is the grand old man of BC media, and he was a excel­lent inter­view­er.  I had half an hour with him, and the show went out to over a quarter of a mil­lion people.

Vancouver_photo2The meet­ing that night was a great suc­cess — I could feel the energy and interest of the audi­ence as I spoke for 1 1/2 hours, and then had over an hour more of ques­tions.  I think it’s wrong for the media to say people are no longer inter­ested in polit­ics — they’re just not that inter­ested in the estab­lished polit­ic­al hier­arch­ies and systems.

If I had thought Van­couver lovely, the scenery was even more beau­ti­ful as I took the ferry down the bay to Vic­tor­ia, past small wooded islands.  Of course, that was the moment my cam­era decided to pack up…

I had a lovely couple of days in Vic­tor­ia, pampered by Eliza­beth and Bri­an, shown the beau­ties of the island and meet­ing a num­ber of act­iv­ists.  I also had the pleas­ure of meet­ing Row­land Mor­gan, (co-author with Ian Hen­shall) of the excel­lent best­seller, “9/11 Revealed”

I’d done a num­ber of inter­views before arriv­ing on the island.  The Vic­tor­ia event was very well atten­ded and I had a stand­ing ova­tion at the end.

Then it was back to Van­couver for anoth­er hour-long inter­view on Co-op Radio and a pot luck sup­per with the act­iv­ists, before fly­ing off to Ott­awa for the east­ern leg of the tour.  I arrived at mid­night to be greeted by the lovely Mar­jor­ie and Cam, who hos­ted me for a couple of nights.  My sleep was all too brief, as I had to get up at 4.30 to make a 6am radio inter­view.

The Ott­awa event was smal­ler (I would say it was an extremely rainy night!), but per­fectly formed.  Des­pite this, the group seemed very enthused about put­ting on future events.

The next day brought a Grey­hound bus ride up to Mon­tréal.  Such moments in life are when you wish you’d put Simon and Gar­funkel on your I‑pod.  My 18 hours in Mon­tréal were hec­tic — and we only just made it to the meet­ing on time, what with an excel­lent din­ner and ter­rible traffic.  The meet­ing was really vibrant.  After­wards, when every­one else was head­ing out to party, I had to slink back to my bed for a brief 4 hours sleep, before get­ting a train at 6.30 to Toronto.

Adnan_on_TVI hit the ground run­ning, with a lunch­time inter­view, then a peace demo in the city centre.  Clin­ton and Bush Jr were in town, giv­ing a talk to 5000 of the faith­ful who were flush enough to cough up between $200 and $5000 to hear their bien pensees.  Inde­pend­ent media did a couple of good inter­views with me.  Shame­fully, the Stop the War Toronto group only man­aged to rustle up about 1,000 pro­test­ers out­side the con­fer­ence centre, and then refused to give a plat­form to Split­ting the Sky, a Cana­dian peace act­iv­ist who had attemp­ted to arrest Bush for war crimes when he vis­ited Cal­gary in April, and who had him­self been arres­ted for his pains.  How­ever, some oth­er peace act­iv­ists had some good coverage!

The next day, hav­ing caught up on some sleep at last, I had an excel­lent time at the Toronto uni­ver­sity radio sta­tion, where we had a lively hour-long inter­view, before head­ing off to my event at the university. 

Next stop, Water­loo Uni­ver­sity, where I did a round of inter­views accom­pan­ied by the journ­al­ist and cam­paign­er, Bar­rie Zwick­er. The format that night changed to an inter­view on stage con­duc­ted by him, which worked really well. 

Spyinggame003The final stop of the tour was Hamilton where, after anoth­er all-too-brief night, I had three morn­ing inter­views — 2 on radio, and one recor­ded for the TV even­ing news.  A lovely Lebanese lunch with a group of pro­fess­ors from the uni­ver­sity fol­lowed, and then a much needed chance to sleep it off, before head­ing out to the final gig, organ­ised by Pro­fess­or Graeme Mac­Queen and hos­ted by Mohawk Col­lege.  Well, they always say the last one is the best — and I had an amaz­ing even­ing.  Over an hour of talk, fol­low­ing by 1 1/2 hours of ques­tions from an inter­ested and informed audience. 

So a great time in an amaz­ing coun­try.  Thanks once again to all who made this tour such a suc­cess, and good luck with your future plans!

Gareth Peirce on Torture, Secrecy and the British State

Gareth_Peirce_1Lead­ing UK human rights law­yer, Gareth Peirce, has writ­ten a power­ful and elo­quent art­icle in the Lon­don Review of Books about the Brit­ish state’s involve­ment in torture. 

She also broadens out the argu­ment to look at the fun­da­ment­al soci­et­al prob­lems — lack of account­ab­il­ity, secrecy, the use and abuse of the concept of “nation­al secur­ity”  — that cre­ated a cul­ture that facil­it­ates and con­dones torture.

Gareth has fought for vic­tims of injustice for four dec­ades, focus­ing primar­ily on ter­ror­ism and intel­li­gence issues. 

A long piece, but stick with.  It’s worth it!

ETH0 Hacker Camp, January 2009

In Janu­ary 2009 I was invited to talk at ETH0, a small but select hack­er camp held in the wilds of the Neth­er­lands.  The crowd was young, hip, informed — and very inter­ested in the use and abuse of intel­li­gence and par­tic­u­larly the erosion of our most basic civil liber­ties.   Events like this give me hope.

Some of the organ­isers are also involved in plan­ning a major techno-polit­ic­al hack­er fest­iv­al, Hack­ing at Ran­dom, in NL this sum­mer.   An event not to be missed!

Deja Vu

I had a strong sense of déjà vu today, when I read about the woes of Mrs Green, the bar­ris­ter wife of Tory MP Dami­en Green who was arres­ted last Novem­ber for allegedly encour­aging gov­ern­ment inform­a­tion leaks.

Mr Green was arres­ted under an obscure and antique piece of legis­la­tion for “con­spir­ing to com­mit mis­con­duct in a pub­lic office and aid­ing and abet­ting, coun­selling or pro­cur­ing mis­con­duct in a pub­lic office”.  This, des­pite the fact that civil ser­vice man­dar­ins had per­suaded the Met­ro­pol­it­an Police Spe­cial Branch (MPSB) to invest­ig­ate him because he posed a “ser­i­ous threat to nation­al secur­ity”.  The case has now been dropped and reports have now shown that these civil ser­vants sig­ni­fic­antly over­stated the case to spur the police into action.

In such a case the obvi­ous step would have been for the Met to have invoked the dra­coni­an 1989 Offi­cial Secrets Act.  Cer­tainly their heavy-handed response seemed to indic­ate that this was how they were view­ing the grav­ity of the case, even if they were des­per­ately try­ing to avoid the attend­ant scan­dal such a step would have pro­voked.    Spe­cial Branch officers in the Counter-Ter­ror­ism squad are not nor­mally sent to rip apart people’s houses for minor offences.

Which takes me back to the inter­view with the out­raged Mrs Green.  A bar­ris­ter spe­cial­ising in highly con­fid­en­tial child abuse cases, she inno­cently let the secret police enter her home, only to watch in dis­be­lief as they ripped it apart in what sounds to me like a counter-ter­ror­ism style search.  They, of course, found noth­ing rel­ev­ant to their invest­ig­a­tion, but scoured the com­puters, removed the bed­sheets, took away love let­ters between the Greens, and even rifled through the chil­dren’s books.

I sup­pose I was more for­tu­nate than the hap­less Mrs Green.  When the secret police ripped apart my home in the same way back in 1997, I was in Europe with my ex-part­ner and col­league, MI5 whis­tleblower Dav­id Shayler.  After we had exposed the fact that MI5 was shame­lessly break­ing the law, the MPSB had obtained a war­rant that allowed them to search our home for mater­i­al relat­ing to our employ­ment in MI5.  As I was away, they jack­hammered the front door in, and then spent two days rip­ping through the flat in Pimlico.  It had been my home for 4 years.

Nat­ur­ally, the police found noth­ing rel­ev­ant.  That did not deter them from search­ing the place for two days, and tak­ing away bags of pos­ses­sions, includ­ing some of my under­wear, the bed­sheets, pho­to­graphs, and our love let­ters.  They also smashed up chairs and lamps, ripped the bath apart, pulled up the car­pets, and scattered my remain­ing under­wear across the bed­room floor. It looked like they had been play­ing with it.

I saw all this when I returned home a month later, and I felt viol­ated.  I know this is a com­mon reac­tion when one’s home is burgled; but in this case my home had been despoiled by the police, not by crim­in­als.  No doubt, some would say that we, and the Greens, deserved this treat­ment.  After all, we had the temer­ity to expose mal­prac­tice, lies, and crime with­in gov­ern­ment circles.  We, of course, would argue that we had acted for the pub­lic good.

Whatever.  I still think that a counter-ter­ror­ism style search of a whis­tleblower­’s house is over the top and delib­er­ately intimidatory.

The police may have ran­sacked my home, but I was nev­er charged with any offence.  Nor did I ever did get my under­wear or love let­ters back.….

Quick to Miss a Trick

Bob_QuickFormer Assist­ant Com­mis­sion­er of Spe­cial Oper­a­tions at the Met­ro­pol­it­an Police, Bob Quick, has hit the head­lines a couple of times in the last few months — for all the wrong reasons. 

Last Novem­ber he author­ised the arrest of Tory MP Dami­en Green for allegedly encour­aging leaks of sens­it­ive gov­ern­ment inform­a­tion.  This had the knock-on bene­fit of wak­ing MPs up to the fact that we are now liv­ing in a de facto police state.  Well, I sup­pose that must have been a wel­come dis­trac­tion for them.  It must be so dull merely to spend your time devis­ing new and ingeni­ous ways of fid­dling your par­lia­ment­ary expenses. 

This week, Quick was pho­to­graphed enter­ing Down­ing Street with highly clas­si­fied doc­u­ments under his arm about a sens­it­ive UK ter­ror­ist invest­ig­a­tion, which were clearly vis­ible to wait­ing pho­to­graph­ers.  The clearly vis­ible “Secret” brief­ing doc­u­ment detailed an MI5-led oper­a­tion, code­named Path­way, and bounced the counter-ter­ror­ism agen­cies into mak­ing pre­ma­ture arrests of the sus­pects, many of them young Pakistanis in the UK on stu­dent visas.

Out­rage fol­lowed this massive secur­ity lapse.  What on earth was the man doing, openly car­ry­ing secret doc­u­ments?  Pro­tect­ive rules dic­tate that such papers are not allowed out­side HQ unless signed out and in a secur­ity briefcase.  The vol­un­tary press cen­sor­ship com­mit­tee, the Defence, Press and Broad­cast­ing Advis­ory Com­mit­tee, has slapped a ‘D’ Notice all over the story.  Quick has, of course, resigned.  Reportedly, he may even (gasp) face dis­cip­lin­ary pro­ceed­ings with­in the Met.

Is it just me, or people miss­ing a trick here?  This man has dis­closed a highly clas­si­fied intel­li­gence doc­u­ment without per­mis­sion.  In addi­tion, this doc­u­ment con­tained inform­a­tion about an ongo­ing oper­a­tion AND the names of seni­or intel­li­gence officers — accord­ing to MI5 lore two of the most dam­aging types of inform­a­tion that could pos­sibly be dis­closed.  So, why is Quick not facing pro­sec­u­tion under the dra­coni­an 1989 Offi­cial Secrets Act?  He clearly falls under Sec­tion 1(1) of the Act as a noti­fied per­son if he is hand­ling Secret documents:

1(1) A per­son who is or has been—

(a) a mem­ber of the secur­ity and intel­li­gence ser­vices; or

(b) a per­son noti­fied that he is sub­ject to the pro­vi­sions of this subsection,

is guilty of an offence if without law­ful author­ity he dis­closes any inform­a­tion, doc­u­ment or oth­er art­icle relat­ing to secur­ity or intel­li­gence which is or has been in his pos­ses­sion by vir­tue of his pos­i­tion as a mem­ber of any of those ser­vices or in the course of his work while the noti­fic­a­tion is or was in force.

Under these pro­vi­sions, there is no real defence under law.  Leg­al pre­ced­ent in recent OSA tri­als has clearly estab­lished that the reas­on for an unau­thor­ised dis­clos­ure of secrets is irrel­ev­ant.  (The the­or­et­ic­al and untested sub­sequent defence of “neces­sity” has no bear­ing on this par­tic­u­lar case.)  Wheth­er the breach occurs due to prin­cipled whis­tleblow­ing or a mis­take does­n’t mat­ter: the clear bright line against dis­clos­ure has been crossed and pro­sec­u­tion inex­or­ably follows.

Except if you have suf­fi­ciently seni­or­ity, it appears.….

The Real Reason for the Police State?

DroneI haven’t writ­ten here for a while, des­pite the embar­ras de richesses that has been presen­ted to us in the news recently: Dame Stella say­ing that the UK is becom­ing a police state;  drones will patrol the streets of Bri­tain, watch­ing our every move; data­bases are being built, con­tain­ing all our elec­tron­ic com­mu­nic­a­tions; ditto all our travel move­ments. What can a lone blog­ger use­fully add to this?  Only so much hot air — the facts speak for themselves.

Plus, I’ve been a bit caught up over the last couple of months with Oper­a­tion Escape Pod. Not all of us are sit­ting around wait­ing for the pris­on gates to clang shut on the UK. I’m outta here!

But I can­’t res­ist an inter­est­ing art­icle in The Spec­tat­or magazine this week. And that’s a sen­tence I nev­er thought I would write in my life.

Tim Ship­man, quot­ing a pleth­ora of anonym­ous intel­li­gence sources and former spooks, asserts that Bri­tain’s for­eign policy is being skewed by the need to pla­cate our intel­li­gence allies, and that the CIA is roam­ing free in the wilds of Yorkshire.

His sources tell him that the UK is a “swamp” of Islam­ic extrem­ism, and that the domest­ic spies are ter­ri­fied that there will be a new ter­ror­ist atro­city, prob­ably against US interests but it could be any­where, car­ried out by our very own home-grown ter­ror­ists. Accord­ing to Ship­man, this ter­rible pro­spect had all the spooks busily down­ing trebles in the bars around Vaux­hall Cross in the wake of the Mum­bai bombings.

Apart from the sug­ges­tion that the spies’ drink­ing cul­ture appears to be as robust as ever, I find this inter­est­ing because well-sourced spook spin is more likely to appear in the august pages of The Speccie than in, say, Red Pep­per. But if this is an accur­ate reflec­tion of the think­ing of our politi­cians and intel­li­gence com­munity, then this is an extremely wor­ry­ing devel­op­ment. It goes a long way to explain­ing why the UK has become the most policed state in the West­ern world.

Yes, in the 1990s the UK prac­tised a strategy of appease­ment towards Islam­ic extrem­ists. MI5’s view was always that it was bet­ter to give rad­ic­als a safe haven in the UK, which they would then be loathe to attack dir­ectly, and where a close eye could be kept on them.

This, of course, was derailed by Blair’s Mes­si­an­ic mis­sion in the Middle East. By uni­lat­er­ally sup­port­ing Bush’s adven­tur­ism in Afgh­anistan and Iraq, in the teeth of stark warn­ings about the attend­ant risks from the head of MI5, Bri­tain has become “the enemy” in the eyes of rad­ic­al Islam. The gloves are off, and we are all at great­er risk because of our former PM’s hubris.

But now we appar­ently have free-range CIA officers infilt­rat­ing the Muslim com­munit­ies of the UK.  No doubt Mossad is also again secretly  tol­er­ated, des­pite the fact that they had been banned for years from oper­at­ing in the UK because they were too unpre­dict­able (a civil ser­vice euphem­ism for violent).

And I am will­ing to bet that this inter­na­tion­al per­cep­tion that UK spooks will be caught off-guard by an appar­ently Brit­ish-ori­gin­ated ter­ror­ist attack is the reas­on for the slew of new total­it­ari­an laws that are mak­ing us all sus­pects. The drones, the datamin­ing and the dra­coni­an stop-and-search laws are designed to reas­sure our invalu­able allies in the CIA, Mossad, ISI and the FSB.  They will not be put in place to “pro­tect” us.

Echelon and the Special Relationship

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

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

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

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

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

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

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

Spe­cial rela­tion­ship, anyone?

Ethics Talk at a School

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

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

RSC Play about the Shayler Case

In Lon­don in 2001 the Roy­al Shakespeare Com­pany per­formed a play called “Epi­taph for the Offi­cial Secrets Act” by Paul Green­grass (who co-wrote the notori­ous book “Spycatch­er”).  The play focused on the polit­ic­al issues around whis­tleblow­ing and the Shayler case.

It was an excel­lent play, with an intel­li­gent ana­lys­is of the cur­rent mess that is secrecy legis­la­tion in the UK, but it was rather strange to see act­ors using words your own words on stage.

The fol­low­ing report appeared in “The Observer”:

Shayler is a model spy for MI5 play

by Vanessa Thorpe, Arts Cor­res­pond­ent, 2001

Henry V, Macbeth and Ham­let, the great
Shakespearean prot­ag­on­ists who strut before audi­ences at
Strat­ford-upon-Avon, are to be joined tomor­row by a new name, the
former MI5 reneg­ade, Dav­id Shayler.

A new play by Paul Green­grass, the screen­writer respons­ible for ITV’s
upcom­ing film about Bloody Sunday and for the award-win­ning television
dram­at­isa­tion of The Murder of Steph­en Lawrence , is to be premiered
tomor­row night by the Roy­al Shakespeare Company.

Epi­taph
for the Offi­cial Secrets Act will also fea­ture Shayler­’s girlfriend,
Annie Machon, and the MI5’s first woman dir­ect­or, Stella Rim­ing­ton. ‘It
is a play about the year that MI5 first decided to recruit a new sort
of agent,’ explained Simon Reade, the RSC’s dram­at­urge, refer­ring to
1991, when the secret ser­vice briefly turned away from their
estab­lished Oxbridge source of gradu­ates and advert­ised for applicants
from the wider population.

The play starts with a
read­ing of the advert­ise­ment that news­pa­pers ran at the time,’ said
Reade, who developed the piece with Green­grass for its six-night run.
‘The ad showed an empty chair under the words “Godot isn’t coming”.’
The play then deals with some of the changes that fol­lowed as Rimington
took con­trol of an organ­isa­tion that was fight­ing to redefine itself.

Machon and Shayler, both from the gradu­ate intake that was then new, are iden­ti­fied only by their first names.

News of their the­at­ric­al debut came as a shock to Shayler and Machon,
who are in Lon­don await­ing Shayler­’s tri­al on charges of breach­ing the
Offi­cial Secrets Act. Machon said: ‘It is rather alarm­ing to find that
we are both going to played by actors.’


August 2007 Mail on Sunday Article

Dav­id Shayler­’s former part­ner reveals: How the bul­ly­ing State crushed him
By ANNIE MACHON

Link to daily mail ori­gin­al — link to Daily Mail com­ments

Ten years ago this month former MI5 officer Dav­id Shayler made shock­ing rev­el­a­tions in this news­pa­per about how Bri­tain’s spies were unable to deal with the grow­ing threat of glob­al terrorism.

He dis­closed how MI5’s pecu­li­ar obses­sion with bur­eau­cracy and secrecy pre­ven­ted cru­cial inform­a­tion being used to stop bomb­ings. And he told how insuf­fi­cient agents and inept decision-mak­ing meant that ter­ror­ist groups were not prop­erly monitored.

None of his ori­gin­al dis­clos­ures was shown to be wrong. Indeed, in 2005 the bomb­ings in Lon­don proved the whis­tleblower cor­rect: MI5 was not equipped to counter ter­ror on our streets.

The Gov­ern­ment response to Dav­id’s dis­clos­ures was to place a gag­ging order on The Mail on Sunday and launch a six-year cam­paign to dis­cred­it and per­se­cute Shayler. Alastair Camp­bell threatened to ‘send in the heav­ies’ and the whis­tleblower was forced into exile abroad, jailed twice and sued for dam­ages; his friends and fam­ily were har­assed and some arrested.

He faced a bleak, uncer­tain future and for many years he was under intense stress and pres­sure, often isol­ated and always under sur­veil­lance. I had a ring­side seat for the ‘Get Shayler’ oper­a­tion because I was an MI5 officer at the same time (1991−96) and also his girl­friend and co-cam­paign­er until last year when I ended my rela­tion­ship with a broken man.

I wit­nessed first-hand the extraordin­ary psy­cho­lo­gic­al, phys­ic­al and emo­tion­al bur­den of being a whis­tleblower when the full power of the secret State is launched against you. A dec­ade on the res­ults of that per­ni­cious cam­paign became clear when I heard that Dav­id had pro­claimed him­self as “The Mes­si­ah” and “God” and could pre­dict the weath­er. I was saddened but not shocked. The story of Dav­id Shayler is not just one of a whis­tleblower but also an indict­ment of the lack of demo­cracy and account­ab­il­ity in Britain.

I first met Dav­id when we were both work­ing in F2, the counter-sub­ver­sion sec­tion of MI5, where we were repeatedly reas­sured that MI5 had to work with­in the law. We were young and keen to help pro­tect our coun­try. I noticed Dav­id imme­di­ately, as he was very bright, and always asked the dif­fi­cult ques­tions. Over a peri­od of a year we became friends, and then we fell in love.

In the run-up to the 1992 Gen­er­al Elec­tion we were involved in assess­ing any par­lia­ment­ary can­did­ate and poten­tial MP. This meant that they all had their names cross-ref­er­enced with MI5’s data­base. If any can­did­ates had a file, this was reviewed. We saw files on most of the top politi­cians of the past dec­ade, from Tony Blair down, some­thing that gave us concerns.

We then both moved to G Branch, the inter­na­tion­al counter-ter­ror­ist divi­sion, with Dav­id head­ing the Liby­an sec­tion. It was here that he wit­nessed a cata­logue of errors and crimes: the illeg­al phone-tap­ping of a prom­in­ent Guard­i­an journ­al­ist, the fail­ure of MI5 to pre­vent the bomb­ing of the Israeli embassy in Lon­don in July 1994, which res­ul­ted in the wrong­ful con­vic­tion of two inno­cent Palestini­ans, and the attemp­ted assas­sin­a­tion of Col­on­el Gad­dafi of Libya.

Dav­id raised this with his bosses at the time but they showed no interest. So we resigned from MI5 after decid­ing to go pub­lic to force an inquiry into the Gad­dafi plot.

After The Mail on Sunday rev­el­a­tions we decamped to France while Dav­id tried to get the Gov­ern­ment to take his evid­ence and invest­ig­ate MI5’s crimes, some­thing, to this day, it has refused to do. Rather than address­ing the prob­lem, the Intel­li­gence Ser­vices tried to shoot the mes­sen­ger. They planted stor­ies claim­ing Dav­id was a fan­tas­ist, over­looked for pro­mo­tion, and was too juni­or to know what he was talk­ing about. These are clas­sic tac­tics used against whis­tleblowers and were wheeled out again when Dr Dav­id Kelly took his life.

We even­tu­ally returned home in 2000, by which time Dav­id felt isol­ated and angry. He began to dis­trust friends and thought that many of them might be report­ing on him. He was con­vinced he was con­stantly fol­lowed and began to take pho­to­graphs of people in the street. When the tri­al star­ted, and with Dav­id effect­ively gagged, the jury had no choice but to convict.

He received a six-month sen­tence but the judg­ment exon­er­ated him of pla­cing agents’ lives at risk, con­ced­ing that he had spoken out in what he thought to be the pub­lic interest. Dav­id had blown the whistle with the best of motives. He had exposed hein­ous State crimes up to and includ­ing murder, yet he was the one in pris­on with his repu­ta­tion in tat­ters. His release from jail saw a changed man. Dav­id was full of anger, frus­tra­tion and bit­ter­ness and became depressed and with­drawn. He was drawn to the spir­itu­al teach­ings of kab­ba­l­ah, and became obsessed with the sub­ject instead of focus­ing on what we should do to sur­vive. Last sum­mer, I went away for a week­end. When I returned, Dav­id had shaved off all his hair and his eye­brows as part of his spir­itu­al evol­u­tion. He knew that I had always loved his long, thick hair, so it felt like a per­son­al slap in the face. He was in trouble. He was quick to anger if any­one ques­tioned him. He became obsess­ive about little details, espoused wacky the­or­ies and shunned his fam­ily and old friends. His para­noia also escal­ated. His exper­i­ence of being houn­ded and vil­i­fied for a dec­ade had left a deep per­se­cu­tion com­plex. Even­tu­ally the strain was too much and I ended the relationship.

It was dif­fi­cult as we had shared so much over the 14 years we had been togeth­er, but it felt that we were no longer a team – Dav­id was focus­ing only on eso­ter­ic issues. Look­ing back, I am still proud of what we did. I believe that if you wit­ness the crimes that we did, you have to take action. But the price for tak­ing that stand against a bully State can be high. It is tra­gic to see an hon­our­able and brave man crushed in this way. The Brit­ish Estab­lish­ment is ruth­less in pro­tect­ing its own interests rather than those of our coun­try. Today Dav­id Shayler is liv­ing testi­mony to that.