The Real News Network Interview on Whistleblowing

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

The Assange Witch Hunt

Pub­lished in The Huff­ing­ton Post UK, 17 August 2012

A storm of dip­lo­mat­ic sound and fury has broken over Ecuador’s decision to grant polit­ic­al asylum to Wikileaks founder, Juli­an Assange. The UK gov­ern­ment has threatened to breach all dip­lo­mat­ic pro­tocol and inter­na­tion­al law and go into the embassy to arrest Assange.

The UK jus­ti­fies this by cit­ing the 1987 Dip­lo­mat­ic and Con­su­lar Premises Act, a law appar­ently put in place fol­low­ing the 1984 shoot­ing of WPC Yvonne Fletch­er from the Liby­an Embassy in Lon­don.  The murder res­ul­ted in an 11-day siege, and the embassy staff even­tu­ally being expelled from the coun­try.  Nobody has yet been brought to justice for this murder.

It is hard to equate the grav­ity of the crime that brought about the 1987 legis­la­tion — the murder of a police­wo­man — with Assange’s situ­ation.  Des­pite the scream­ing head­lines, let us not for­get that he is merely wanted for ques­tion­ing in Sweden. Nev­er­the­less, the UK is pre­pared to over­turn all dip­lo­mat­ic pro­tocol and cre­ate a dan­ger­ous inter­na­tion­al pre­ced­ent to “get their man”, des­pite there being a clear lack of jus­ti­fic­a­tion under the terms of the ’87 Act.

Many people in the west­ern media remain puzzled about Assange’s fear of being held cap­tive in the Swedish leg­al sys­tem. But can we really trust Swedish justice when it has been flag­rantly politi­cised and manip­u­lated in the Assange case, as has been repeatedly well doc­u­mented. Indeed, the Swedish justice sys­tem has the highest rate per cap­ita of cases taken to the ECtHR for flout­ing Art­icle 6 — the right to a fair trial.

If Assange were extra­dited merely for ques­tion­ing by police — he has yet to be even charged with any crime in Sweden — there is a strong risk that the Swedes will just shove him straight on the next plane to the US under the leg­al terms of a “tem­por­ary sur­render”. And in the US, a secret Grand Jury has been con­vened in Vir­ginia to find a law — any law — with which to pro­sec­ute Assange.  Hell, if the Yanks can’t find an exist­ing law, they will prob­ably write a new one just for him.

So why all the sound and fury? What is this really all about?

Wikileaks is a ground-break­ing new form of high-tech, award-win­ning journ­al­ism that has exposed cor­rupt prac­tices across the world over the years.  And cru­cially, in this war-torn, weary and fin­an­cially broken world, it offers a secure con­duit to whis­tleblowers who want to expose insti­tu­tion­al crime and cor­rup­tion for the pub­lic good.

Whis­tleblowers want to get their inform­a­tion out there, they want to make a dif­fer­ence, they want a fair hear­ing, and they don’t want to pay too high a per­sonal price for doing so. Is that too much to ask?

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

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

Today the oth­er option is a secure, high-tech pub­lish­ing con­duit such as Wikileaks. This provides anonym­ity and a cer­tain degree of con­trol to the mod­ern whis­tleblower, plus it allows their inform­a­tion to reach a wide audi­ence without either being filtered by the media or blocked by gov­ern­ment or cor­por­ate injunctions.

As someone who has a nod­ding acquaint­ance with the reper­cus­sions of blow­ing the whistle on a secret gov­ern­ment agency, I have long seen the value of the Wikileaks mod­el — and I also under­stand quite why gov­ern­ments feel so threatened by it. After all, no gov­ern­ment or mega-cor­por­a­tion wants free­dom of inform­a­tion and trans­par­ency forced upon it, nor an informed cit­izenry ques­tion­ing its actions.

Our gov­ern­ments like to spout the phrase “if you have done noth­ing wrong, you have noth­ing to hide” as they roll out yet anoth­er intrus­ive sur­veil­lance measure.

Wikileaks has turned that right back at them — hence this mod­ern-day witch-hunt.

What whistleblowers want

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Lindmo Show, Norway

Fol­low­ing on from my talk at the Nor­we­gi­an SKUP invest­ig­at­ive journ­al­ism con­fer­ence in March, I was invited onto the Anne Lindmo Show in Nor­way on 4 May.

Anne is one of the most fam­ous and respec­ted journ­al­ists in Nor­way, and her chat show is extremely pop­u­lar on prime time NRK TV on Fri­day nights.  We had a lively ses­sion dis­cuss­ing the world of spy­ing, what it was like to blow the whistle and go on the run, and the per­son­al price that has to be paid.

Here’s the link to the whole show, and here’s my segment:

Lindmo inter­view on Nor­we­gi­an TV from Annie Machon on Vimeo.

La Conférence régionale du journalisme d’enquête, Geneva

Swiss_Press_Club_PhotoThe end of April saw me bask­ing in the hot and sunny weath­er of Geneva, where I had been invited to give a talk (Down­load Geneva) at the Swiss Press Club.

We had a lovely time in Geneva, and many thanks to Jean-Phil­ippe Ceppi and the rest of the team for such a warm, inter­ested and inter­est­ing welcome.

The Scandinavian Tour 2012

I had an immensely stim­u­lat­ing time dur­ing my recent mini-tour of Scand­inavi­an invest­ig­at­ive journ­al­ism con­fer­ences, meet­ing informed, inter­est­ing, and inter­ested people.

The focus of my talks was the nex­us between the intel­li­gence world and the media — les­sons I had learned, researched and deduced dur­ing the whis­tleblow­ing years and bey­ond.  I have heard so many hair-rais­ing media stor­ies over the years.…

And, hav­ing listened to the exper­i­ences of journ­al­ists from a wide vari­ety of oth­er coun­tries, it seems I am on the right track.

Grav_talkFirst stop was the Grav con­fer­ence in Sweden, where I gave a talk and had the pleas­ure of meet­ing invest­ig­at­ive journ­al­ists who con­firmed what I was say­ing, even if some of them did­n’t think I had quite gone far enough!  We also had fun at the “min­gel” evening.

Next stop, next day, was the SKUP con­fer­ence in Nor­way where I did a talk, and also a debate about the media and whis­tleblowers.  Note to self: nev­er, ever agree to do a morn­ing debate after the legendary SKUP party the night before.

Finally, last week­end, I vis­ited the Tutki 2012 journ­al­ism con­fer­ence in Fin­land (Down­load Helsinki_Talk).  The response was over­whelm­ingly pos­it­ive, and once again I had con­firm­a­tion of what I was say­ing from the journ­al­ists themselves.

So what can we do about this situ­ation?  I shall keep spread­ing the word, and the journ­al­ists them­selves just need to keep say­ing a resound­ing “no” to the induce­ments, at least if they want to work on mean­ing­ful invest­ig­a­tions.  And what real journ­al­ist does­n’t, au fond?

Next stop Geneva, which is why I’m limber­ing up with the French.

A blast from the past

How strange to stumble across this art­icle in the Guard­i­an news­pa­per yes­ter­day, which describes a journ­al­ist’s jus­ti­fi­ably para­noid exper­i­ences inter­view­ing Dav­id Shayler and me back in 2000 while writ­ing an art­icle for Esquire magazine.

The author, Dr Eamonn O’Neill, now a lec­turer in journ­al­ism at Strath­clyde Uni­ver­sity, spent a few days with us in Lon­don and Par­is way back when.

Shayler_Esquire_2000The Esquire art­icle high­lights the para­noia and sur­veil­lance that we had to live with at the time, and the con­tra­dict­ory brief­ings and slanders that were com­ing out of the Brit­ish estab­lish­ment and the media. O’Neill also intel­li­gently tries to address the motiv­a­tions of a whistleblower.

When it was pub­lished I was mildly uncom­fort­able about this art­icle — I felt it did­n’t do Dav­id full justice, nor did it appear to get quite to the heart of the issues he was dis­cuss­ing.  I sup­pose, at the time, I was just too enmeshed in the whole situation.

Now, with hind­sight, it is more per­spic­a­cious than I had thought.  And rather sad.

This art­icle is a timely remind­er of how vicious the estab­lish­ment can be when you cause it embar­rass­ment and pain; the treat­ment meted out to Dav­id Shayler was bru­tal.  And yet noth­ing has changed to this day, as we can see with the ongo­ing pur­suit and vili­fic­a­tion of Wikileaks.

And now to Finland.…

Tutki2012_logoMy grand tour around Scand­inavia con­tin­ues next week­end, when I shall be giv­ing the open­ing key­note at the Tutki!2012 invest­ig­at­ive journ­al­ism con­fer­ence in Hel­sinki.  Look­ing for­ward to the conference!

Talks in Sweden and Norway

Off on my travels again at the end of the week, with two key­notes at Scand­inavi­an journ­al­ism conferences.

Grav_logo I shall first be speak­ing at the Grav con­fer­ence in Sweden on Fri­day 23 March.

SKUP_2012Top­ics under dis­cus­sion will include everything from secur­ity and intel­li­gence to the war on ter­ror, civil liber­ties to eth­ics and media freedoms, gov­ern­ment account­ab­il­ity to whis­tleblow­ing and Wikileaks.

On Sat­urday I travel on to Nor­way to speak at the SKUP con­fer­ence to give a talk and also on Sunday morn­ing to par­ti­cip­ate in a pan­el dis­cus­sion about all things whis­tleblow­ing and Wikileaks. I gath­er that such dis­cus­sions can get quite, um, lively.

I’m look­ing for­ward to an inter­est­ing and stim­u­lat­ing weekend.

The Big Dig Journalism Conference, Copenhagen

I recently did the open­ing key­note at the Big Dig invest­ig­at­ive journ­al­ism con­fer­ence in Copen­ha­gen.  Thanks to the organ­isers for a won­der­ful weekend!

Mediafabric talk, Prague, October 2011

Last Octo­ber I had the pleas­ure of speak­ing at the excel­lent Medi­afab­ric con­fer­ence in Prague.  The focus of my talk was the future of intel­li­gence, whis­tleblow­ing and journalism.

The event was organ­ised by Source­fab­ric, an inter­na­tion­al organ­isa­tion that provides open source tools and solu­tions for journ­al­ists, so it was an eclect­ic and stim­u­lat­ing crowd of journ­al­ists, geeks, hack­tav­ists and design­ers.   So well done and thank you to the organisers.

Here’s the video:

Speaking at Mediafabric Conference, Prague, 21 October

SF_brandmark_small

Off tomor­row to speak at the Medi­afab­ric con­fer­ence in Prague. 

Should be a good one — all about the media, journ­al­ists, tech­no­lo­gists, design­ers, hack­ers,  and all points in between!

The con­fer­ence has been organ­ised by Source­fab­ric, and there will be live stream­ing here.

Journalists need to wise up to secrecy laws

GIJC_logo

I had a fant­ast­ic time at the Glob­al Invest­ig­at­ive Journ­al­ism Con­fer­ence in Kiev last week­end.  A huge  well done to the organ­isers for a great four days, and I loved hav­ing the chance to meet so many inter­est­ing and inter­ested people from across the world!

I was invited to give the open­ing key­note speech (video to fol­low), where I dis­cussed some of my exper­i­ences from the MI5 whis­tleblow­ing years, but then went on to apply the harsh les­sons learned to the cur­rent situ­ation vis a vis the issue of spy influ­ence on the media today and the thorny issue of whis­tleblow­ing and the pro­tec­tion of sources.

Part of my talk focused on the con­trol of the media by the spies in Bri­tain.  As I have writ­ten before, this is very much a “car­rot and stick” scen­ario: the soft aspect, of course, being cosy chats with selec­ted journ­al­ists, well-timed career-enhan­cing scoops, as well as an increas­ingly unhealthy journ­al­ist­ic depend­ence on brief­ings com­ing out of the intel­li­gence world and government.

The stick aspect includes the bat­tery of harsh laws that can be called upon to sup­press free report­ing in the UK, which some­times leads to self-cen­sor­ship by the media.  These laws include:

Beginning_of_trialHow do I know all this?  Well, as you can see from many of the links in the above list, I’ve lived through much of this and have fol­lowed with great interest sim­il­ar and related cases over the years.  More inform­a­tion about these issues can be found in this excel­lent report pro­duced by Art­icle 19 and Liberty over a dec­ade ago.  The situ­ation has not improved.

While in Kiev I atten­ded an excel­lent ses­sion where two Rus­si­an journ­al­ists dis­cussed the rami­fic­a­tions of report­ing on the mod­ern incarn­a­tion of the Rus­si­an intel­li­gence agency, the FSB.

I was some­what startled to hear that even in Rus­sia journ­al­ists have more leg­al pro­tec­tion than those in the UK — ie they face no crim­in­al leg­al sanc­tion if they report whis­tleblower mater­i­al from the Rus­si­an spy agen­cies.  In the UK journ­al­ists poten­tially face 2 years in pris­on for doing so, under the invi­di­ous Sec­tion 5 of the 1989 OSA.

Way to go, Brit­ish democracy.