OHM 2013 — The Great Spook Panel

Finally the videos from the whis­tleblower track at the August inter­na­tion­al geek­fest OHM 2013 in the Neth­er­lands are begin­ning to emerge. Here’s one of the key ses­sions, the Great Spook Pan­el, with ex-CIA Ray McGov­ern, ex-FBI Coleen Row­ley, ex-NSA Tom Drake, ex-Depart­ment of Justice Jes­selyn Radack, and myself.

We came togeth­er to show, en masse, that whis­tleblow­ing is done for the demo­crat­ic good, to dis­cuss the (fright­en­ingly sim­il­ar) exper­i­ences we all went through, and to show that whis­tleblowers can sur­vive the pro­cess, build new lives, and even poten­tially thrive.

Here is a great art­icle about the whis­tleblowers at OHM by Silkie Carlo (@silkiecarlo) for Vice Magazine.

With the recent cases of Chelsea Man­ning, Wikileaks and Edward Snowden, respect to the OHM organ­isers who saw the rel­ev­ance of this event so far ahead.

BBC Sunday Morning Live — whistleblower debate

Here is a video of a debate I was involved with about whis­tleblowers on the most recent edi­tion of BBC debate show, Sunday Morn­ing Live. The ques­tion under dis­cus­sion: are whis­tleblowers her­oes or villains?

BBC Sunday Morn­ing Live from Annie Machon on Vimeo.
A shame that some of the stu­dio guests used this oppor­tun­ity to launch ad hom­inem attacks rather than focus on the key ques­tion, but I’m glad I could contribute.

RT interview on Manning sentencing

Here is my most recent RT inter­view, live as Chelsea Man­ning was sen­tenced to 35 years in a US pris­on for blow­ing the whistle and expos­ing war crimes:

RT Inter­view about Man­ning sen­ten­cing from Annie Machon on Vimeo.

Another abuse of UK terrorism laws

First pub­lished on RT Op-Edge.

Dav­id Mir­anda had just spent a week in Ber­lin, before fly­ing back to his home coun­try, Brazil, via Lon­don’s Heath­row air­port. As he attemp­ted to trans­it on to his flight home — not enter the UK, mind you, just make an inter­na­tion­al con­nec­tion —  he was pulled to one side by the UK’s bor­der secur­ity officers and ques­tioned for nine hours, as well as hav­ing all his tech­nic­al equip­ment confiscated.

Glenn Greenwald and his partner David MirandaHe was detained for the max­im­um peri­od allowed under the dra­coni­an terms of Sched­ule 7 of the UK’s Ter­ror­ism Act (2000).  His appar­ent “crime”? To be the part­ner of cam­paign­ing journ­al­ist Glenn Gre­en­wald who broke the Edward Snowden whis­tleblow­ing stories.

Mir­anda’s deten­tion has caused out­rage, rightly, around the world. Dip­lo­mat­ic rep­res­ent­a­tions have been made by the Brazili­an gov­ern­ment to the Brit­ish, UK MPs are ask­ing ques­tions, and The Guard­i­an news­pa­per (which is the primary pub­lish­er of  Gre­en­wald’s stor­ies), has sent in the lawyers.

This epis­ode is troub­ling on so many levels, it is dif­fi­cult to know where to begin.

Magna_CartaFirstly, the Ter­ror­ism Act (2000) is designed to invest­ig­ate, er, ter­ror­ism — at least, so you would think. How­ever it is all too easy for mis­sion creep to set in, as I have been say­ing for years.  The defin­i­tion of ter­ror­ism has expan­ded to cov­er act­iv­ists, plac­ard wavers, and pro­test­ers as well as, now appar­ently, the part­ners of journ­al­ists.  The old under­stand­ing of due leg­al pro­cess is merely yet anoth­er quaint, Brit­ish arte­fact like the Magna Carta and habeas cor­pus.

In the UK we now have secret courts cov­er­ing all things “nation­al secur­ity”, we have per­vas­ive Big Broth­er sur­veil­lance as exem­pli­fied by GCHQ’s TEMPORA pro­gramme, and we have our spies involved in kid­nap­ping and tor­ture.

So Sched­ule 7 of the Ter­ror­ism Act is just anoth­er small nail in the coffin of his­tor­ic Brit­ish freedoms. Under its terms, any­one can be pulled aside, detained and ques­tioned by bor­der secur­ity guards if they are “sus­pec­ted of” involve­ment in, the com­mis­sion­ing of, or fin­an­cial sup­port for ter­ror­ism. The detain­ee is not allowed to speak to a law­yer, nor are they allowed not to answer ques­tions, on pain of crim­in­al pro­sec­u­tion. Plus their prop­erty can be indef­in­itely seized and ran­sacked, includ­ing com­puters, phones, and oth­er gadgets.

Under Sched­ule 7 people can be ques­tioned for a max­im­um of 9 hours. After that, the author­it­ies either have to apply for a form­al exten­sion, charge and arrest, or release. Accord­ing to a UK gov­ern­ment doc­u­ment, 97% people are ques­tioned for less than 1 hour then released and only 0.06% are held for six hours.  Mir­anda was held up until the last minute of the full nine hours before being released without charge.

Secondly, this abuse of power dis­plays all too clearly the points that Edward Snowden has dis­closed via Gre­en­wald about a bur­geon­ing and out-of-con­trol sur­veil­lance state. The deten­tion of Mir­anda dis­plays all the obsess­ive vin­dict­ive­ness of a wounded secret state that is buzz­ing around, angry as a wasp. Snowden has the pro­tec­tion of the only state cur­rently with the power to face down the brute might of US “dip­lomacy”, and Gre­en­wald still has the shreds of journ­al­ist pro­tec­tions around him.

Friends and part­ners, how­ever, can be seen as fair game.

I know this from bit­ter per­son­al exper­i­ence. In 1997 former MI5 intel­li­gence officer, Dav­id Shayler, blew the whistle on a whole range of UK spy crimes: files on gov­ern­ment min­is­ters, illeg­al phone taps, IRA bombs that could have been pre­ven­ted, inno­cent people in pris­on, and an illeg­al MI6 assas­sin­a­tion plot against Gad­dafi, which went wrong and inno­cent people died.

Work­ing with a major UK news­pa­per and with due respect for real nation­al secrets, he went pub­lic about these crimes.  Pre-empt­ively we went on the run togeth­er, so that we could remain free to argue about and cam­paign around the dis­clos­ures, rather than dis­ap­pear­ing into a max­im­um secur­ity pris­on for years. After a month on the run across Europe, I returned to the UK to work with our law­yers, see our trau­mat­ised fam­il­ies, and pack up our smashed-up, police-raided flat.

Annie_arrest_BWIn Septem­ber 1997 I flew back with my law­yer from Spain to Lon­don Gatwick. I knew that the Met­ro­pol­it­an Police Spe­cial Branch wanted to inter­view me, and my law­yer had nego­ti­ated this ahead of my travel.  Des­pite this, I was arres­ted at the immig­ra­tion desk by six heav­ies, and car­ted off to a counter-ter­ror­ism suite at Char­ing Cross police sta­tion in cent­ral Lon­don, where I was inter­rog­ated for six hours.

At that point I had done noth­ing more than sup­port Dav­id. As anoth­er ex-MI5 officer I agreed that the spies needed great­er over­sight and account­ab­il­ity, but actu­ally my arrest was because I was his girl­friend and going after me would be lever­age against him. But is got worse — two days later Shayler­’s two best friends and his broth­er were arres­ted on flag­rantly trumped-up charges. None of us was ever charged with any crime, but we were all kept on police bail for months.

Look­ing back, our treat­ment was designed to put more pres­sure on him and “keep him in his box” — it was pure intim­id­a­tion. Journ­al­ists and stu­dents were also threatened, har­assed, and in one case charged and con­victed for hav­ing the temer­ity to expose spy crimes dis­closed by Shayler. To this day, none of the crim­in­als in the UK intel­li­gence agency has ever been charged or convicted.

So the threats and intim­id­a­tion around the Snowden case, and the deten­tion of Gre­en­wald’s part­ner, are old, old tac­tics. What is new is the sheer scale of blatant intim­id­a­tion, the sheer bru­tish force. Des­pite the full glare of glob­al inter­net and media cov­er­age, the US and UK spooks still think they can get away with this sort of intim­id­a­tion. Will they? Or will we, the glob­al cit­izenry, draw a line in the sand?

Oh, and let’s not for­get the sheer hypo­crisy as well — the US con­demns Snowden for seek­ing refuge in Rus­sia, and cas­tig­ates that coun­try for its civil rights record on cer­tain issues. Be that as it may, the US estab­lish­ment should look to the log in its own eye first — that one of its young cit­izens faces the death sen­tence or life-long incar­cer­a­tion for expos­ing (war) crimes against the glob­al com­munity as well as the coun­try’s own constitution.

There is an inter­na­tion­ally-recog­nised leg­al pre­ced­ent from the Nurem­burg Nazi tri­als after World War 2: “just fol­low­ing orders” is not a defence under any law, par­tic­u­larly when those orders lead to vic­tim­isa­tion, war crimes and gen­o­cide.  The UK bor­der guards, as well as the inter­na­tion­al intel­li­gence com­munit­ies and mil­it­ary, would do well to heed that power­ful les­son from history.

So this overzeal­ous use of a law to detain the part­ner of a journ­al­ist merely trav­el­ling through the UK should make us all pause for thought. The West has long inveighed against total­it­ari­an regimes and police states. How can they not recog­nise what they have now become? And how long can we, as cit­izens, con­tin­ue to turn a blind eye?

Keeping Abreast of Privacy Issues

In the wake of the Edward Snowden dis­clos­ures about endem­ic glob­al sur­veil­lance, the rather thread­bare old argu­ment about “if you have done noth­ing wrong and have noth­ing to hide, you have noth­ing to fear” has been trot­ted out by many Big Broth­er apologists.

But it’s not about doing any­thing wrong, it’s about hav­ing an enshrined right to pri­vacy — as recog­nised in the Uni­ver­sal Declar­a­tion of Human Rights agreed in 1948.  And this was enshrined in the wake of the hor­rors of World War 2, and for very good reas­on.  If you are denied pri­vacy to read or listen, if you are denied pri­vacy to speak or write, and if you are denied pri­vacy about whom you meet and see, then free­dom has died and total­it­ari­an­ism has begun.

Those were the les­sons learned from the growth of fas­cism in the 1930s and 1940s.  If you lose the right to pri­vacy, you also lose the abil­ity to push back against dic­tat­or­ships, cor­rupt gov­ern­ments, and all the attend­ant horrors.

How quickly we for­get the les­sons of his­tory: not just the rights won over the last cen­tury, but those fought and died for over cen­tur­ies. We recent gen­er­a­tions in the West have grown too bloated on ease, too fin­an­cially fat and socially com­pla­cent, to fully appre­ci­ate the freedoms we are cas­u­ally throw­ing away.

body_armourSo what sparked this mini-rant? This art­icle I found in my Twit­ter stream (thanks @LossofPrivacy). It appears that a US police depart­ment in Detroit has just sent out all the tra­di­tion­ally vital stat­ist­ics of its female officers to the entire depart­ment — weight, height and even the bra size of indi­vidu­al female police officers have been shared with the staff, purely because of an email gaffe.

Well people make mis­takes and hit the wrong but­tons. So this may not sound like much, but appar­ently the women in ques­tion are not happy, and rightly so. In the still macho envir­on­ment of law enforce­ment, one can but cringe at the “josh­ing” that followed.

Put­ting aside the obvi­ous ques­tion of wheth­er we want our police officers to be tooled up like Rob­ocop, this minor débâcle high­lights a key point of pri­vacy. It’s not that one needs to hide one’s breasts as a woman — they are pretty much obvi­ous for chris­sakes — but does every­one need to know the spe­cif­ics, or is that per­son­al inform­a­tion one step too far? And as for a woman’s weight, don’t even go there.….

So these cops in Detroit, no doubt all up-stand­ing pil­lars of their com­munit­ies, might have learned a valu­able les­son. It is not a “them and us” situ­ation — the “them” being “ter­ror­ists”, act­iv­ists, com­mun­ists, lib­er­als, Teabag­gers — whatever the theme du jour hap­pens to be.

It is about a fun­da­ment­al need for pri­vacy as human beings, as the Duch­ess of Cam­bridge also dis­covered last year. This is not just about height, bra size or, god for­bid, one’s weight. This is about big­ger issues if not big­ger boobs. We all have some­thing we want kept private, be it bank state­ments, bonk­ing, or bowel movements.

How­ever, with endem­ic elec­tron­ic sur­veil­lance, we have already lost our pri­vacy in our com­mu­nic­a­tions and in our daily routines — in Lon­don it is estim­ated that we are caught on CCTV more than 300 times a day just going about our daily business.

More import­antly, in this era of fin­an­cial, eco­nom­ic and polit­ic­al crises, we are los­ing our free­dom to read and watch, to speak and meet, and to protest without fear of sur­veil­lance. It is the Stas­i’s wet dream, real­ised by those unas­sum­ing chaps (and obvi­ously the chapesses with boobs) in law enforce­ment, the NSA, GCHQ et al.

But it is not just the nation state level spies we have to worry about. Even if we think that we could not pos­sibly be import­ant enough to be on that par­tic­u­lar radar (although Mr Snowden has made it abund­antly clear that we all are), there is a bur­geon­ing private sec­tor of cor­por­ate intel­li­gence com­pan­ies who are only too happy to watch, infilt­rate and destabil­ise social, media and protest groups. “Psy­ops” and “astro-turf­ing” are ter­ri­fy­ing words for any­one inter­ested in human rights, act­iv­ism and civil liber­ties. But this is the new reality.

So, what can we do? Let’s remem­ber that most law enforce­ment people in the var­ied agen­cies are us — they want a stable job that feels val­ued, they want to provide for their fam­il­ies, they want to do the right thing. Reach out to them, and help those who do have the cour­age to speak out and expose wrong­do­ing, be it law enforce­ment pro­fes­sion­als speak­ing out against the failed “war on drugs” (such as those in LEAP) or intel­li­gence whis­tleblowers expos­ing war crimes, illeg­al sur­veil­lance and torture.

Thomas_PaineBut also have the cour­age to protest and throw the tired old argu­ment back in the faces of the secur­ity proto-tyr­ants. This is what the found­ing fath­ers of the USA did: they risked being hanged as trait­ors by the Brit­ish Crown in 1776, yet they still made a stand. Using the “sedi­tious” writ­ings of Tom Paine, who ended up on the run from the UK, they had the cour­age to speak out, meet up and fight for what they believed in, and they pro­duced a good first attempt at a work­able democracy.

Unfor­tu­nately, the USA estab­lish­ment has long been cor­rup­ted and sub­ver­ted by cor­por­at­ist interests. And unfor­tu­nately for the rest of the world, with the cur­rent geo-polit­ic­al power bal­ance, this still has an impact on most of us, and provides a clear example of how the chan­ging polit­ic­al land­scape can shift the goal posts of “accept­able” beha­viour — one day your are an act­iv­ist wav­ing a plac­ard, the next you are poten­tially deemed to be a “ter­ror­ist”.

But also remem­ber — we are all, poten­tially, Tom Paine. And as the end­less, neb­u­lous, and frankly largely bogus “war on ter­ror” con­tin­ues to rav­age the world and our demo­cra­cies, we all need to be.

In this post-PRISM world, we need to take indi­vidu­al respons­ib­il­ity to pro­tect our pri­vacy and ensure we have free media. At least then we can freely read, write, speak, and meet with our fel­low cit­izens. We need this pri­vacy to be the new res­ist­ance to the creep­ing total­it­ari­an­ism of the glob­al elites.

Read the sem­in­al books of Tom Paine (while you still can), weep, and then go forth.….

With thanks to my moth­er for the title of this piece. It made me laugh.

OHM 2013 — The Joy of Geeks

ohm2013_logoHome and recovered from the rigours of the amaz­ing geek­fest, OHM 2013.

This was a 5‑day fest­iv­al in the Neth­er­lands where 3000 geeks, act­iv­ists and whis­tleblowers gathered to have fun and also try to put the world to rights.  And this crowd, out of all act­iv­ist groups, has a fight­ing chance. The geeks are tooled-up, tech-savvy, and increas­ingly politi­cised after all the recent assaults on the inter­net and wider freedoms.

These include all the anti-pir­acy meas­ures (inter­est­ingly, Rus­sia has just joined the lost war that is the anti-pir­acy legis­la­tion, and the Rus­si­an pir­ates are going to form a Pir­ate Church, as this will give them spe­cial pro­tec­tions and rights under the law). It also includes all the invi­di­ous inter­na­tion­al agree­ments that the US and its Euro-vas­sals are try­ing to force down the throats of reluct­ant pop­u­la­tions: ACTA, PIPA, SOPA, TAFTA.… you name it, there’s a whole new anti-free­dom alpha­bet soup out there in addi­tion to the spook acronyms.

Not to men­tion all the illeg­al US take-downs of legit­im­ate busi­ness web­sites, such as Megaup­load, and the pan­op­tic sur­veil­lance powers of the NSA and its glob­al intel­li­gence bud­dies, long sus­pec­ted by many and now proven by the dis­clos­ures of the cour­ageous Edward Snowden.

So it was lovely to see at OHM an increas­ing politi­cisa­tion. This was partly because of all the above recent hor­rors, but also because the OHM organ­isers had pulled togeth­er a strong polit­ic­al and whis­tleblow­ing speak­er track. The attack against digit­al civil liber­ties is inex­tric­ably linked to and reflect­ive of the full-front­al attack on our his­tor­ic real-world freedoms:  endem­ic sur­veil­lance, kid­nap­ping, tor­ture, CIA kill lists, illeg­al wars, drone strikes, secret courts, and many oth­er encroach­ing hor­rors that I have writ­ten about ad nauseam. And this is just what we know about.

sinking_shipIn my view our West­ern demo­cra­cies have been at least fatally holed, if they have not yet foundered. Which, of course, means that our viol­ent, inter­ven­tion­ist attempts to bring “demo­cracy” to the devel­op­ing world are derided as hypo­crit­ic­al at best, and viol­ently res­isted at worst.

The new front-line of this struggle is “cyber” war­fare — be it the illeg­al aggress­ive attacks of such US/Israeli vir­uses against Iran such as Stuxnet (that is now roam­ing free in the wild and mutat­ing), or the slower wars of attri­tion against “pir­ates”, hack­ers, Wikileaks, and the grow­ing war on whis­tleblowers such as Brad­ley Man­ning and Edward Snowden.

Well, geeks are the new res­ist­ance and they have a fight­ing chance in my view. And this is why I think that they are our best hope.

SAMSUNGThis was my exper­i­ence of OHM. Three thou­sand of the best and the bright­est from around the world gathered togeth­er not just to have fun play­ing with bleed­ing-edge tech, hack­ing and build­ing toys, and cre­at­ing slightly sur­real, if beloved, hov­er-pets (see right), but also who turned out in their thou­sands to listen to and absorb the exper­i­ences of a num­ber of inter­na­tion­al intel­li­gence whis­tleblowers. In the wake of the Edward Snowden case, this is a hot top­ic in these circles and there was a huge impetus to help.

We whis­tleblowers had a fab­ulous time too. One is a “nat­ur­al-born geek” — Tom Drake, formerly of the NSA, who was threatened with 35 years in pris­on because he dared to dis­close prob­lems with his organ­isa­tion. His law­yer, gov­ern­ment law­yer-turned-whis­tleblower Jes­selyn Radack, also spoke of her exper­i­ences. Coleen Row­ley, the FBI whis­tleblower who exposed the intel­li­gence fail­ure in the US in the run-up to 9/11 and was voted Time Per­son of the Year in 2002 also gave a fant­ast­ic talk called “Secrecy Kills”, and former CIA ana­lyst and pres­id­en­tial “briefer”, Ray McGov­ern, gave the open­ing key­note speech, focus­ing on the need to speak out and pre­serve our rights. I fin­ished the quin­tet of whis­tleblowers and provided the Euro-perspective.

And of course the pat­ron saint of whis­tleblowers also did one of the key talks — but he had to be beamed in. Juli­an Assange, who was free to attend HAR, the last such event in the Neth­er­lands four years ago, was unavoid­ably detained in his embassy refuge in the UK.

OHM_Great_Spook_Panel_2013

Photo by Rein­oud van Leeuwen (http://​rein​oud​.van​.leeuwen​.net/)

The whis­tleblowers all came togeth­er for one of the big ses­sions of OHM — the “Great Spook Pan­el”, mod­er­ated by the indom­it­able Nick Farr. The pan­el was basic­ally a call to arms for the next gen­er­a­tion. This addressed the need to stand up to pro­tect our rights against all the egre­gious erosions that have occurred since 9/11.  The response was hugely enthu­si­ast­ic. I hope this goes glob­al, and the wider com­munity fol­lows up.

It cer­tainly did in one way. Ray McGov­ern announced the estab­lish­ment of the Edward Snowden Defence Fund at the end of the pan­el dis­cus­sion, and the dona­tions poured in for the rest of the event.

So a very suc­cess­ful fest­iv­al. How do I make that assess­ment? Well, on top of all the fun, vari­ety of talks and net­work­ing, the Dutch intel­li­gence ser­vice, the AIVD (an unfor­tu­nate-sound­ing name to most Eng­lish speak­ers), reques­ted a plat­form at the event after the Great Spook Pan­el was announced in the programme.

Such an act­ive and open response shows a degree of push-back against a per­ceived “threat”. No doubt the organ­isa­tion wanted to inject the estab­lish­ment anti-venom before the truth-tell­ers had their say. Any­way, on the grounds that most whis­tleblowers are gen­er­ally denied a main­stream media plat­form and/or are smeared, the AIVD was pro­hib­ited the stage.

Of course, the AIVD would have been very wel­come to buy a tick­et like nor­mal humans or pay the cor­por­ate rate to attend to show sup­port for the com­munity — its officers might have learned something.…

Dutch festival OHM — Observe, Hack, Make

Today I am limber­ing up to attend the Dutch geek fest­iv­al, Observe Hack Make (OHM 2013). A lot of talks from whis­tleblowers, sci­ent­ists, geeks, futur­ists and bleed­ing edge tech people. The visionaries?

You decide — all talks will be live streamed and avail­able after­wards. Enjoy!

RT interview as Bradley Manning conviction was announced

I was live on RT as the con­vic­tion of Brad­ley Man­ning was announced:

RT inter­view as the con­vic­tion of Brad­ley Man­ning was announced from Annie Machon on Vimeo.

The “Insider Threat”

As the old media pro­pa­ganda battle inev­it­ably heats up around the Edward Snowden case, I stumbled across this little Amer­ic­an news gem recently. The premise being that poten­tial whis­tleblowers are now deemed to be the new “insider threat”.

Well, the US spooks and their friends have already had a pretty good run through the “reds under the bed” of McCarthy­ism, polit­ic­al sub­vers­ives, illeg­als, Muslims and “domest­ic extrem­ists”, whatever the hell that really means leg­ally.  Now they’ve hit on anoth­er threat­en­ing cat­egory to jus­ti­fy yet fur­ther sur­veil­lance crack­downs. What’s in a name.….

Firstly, this is old news resur­rec­ted in the wake of the Edward Snowden dis­clos­ures to scare people anew. Way back in 2008 the US gov­ern­ment wrote a report about “insider threats” and the per­ceived danger of the high-tech pub­lish­er Wikileaks and, in early 2010 the report was leaked to the very same organisation.

Wikileaks1In 2008 the US gov­ern­ment strategy was to expose a Wikileaks source so that oth­ers would be deterred from using the con­duit in future. Well that did­n’t hap­pen — Wikileaks tech­no­lo­gic­ally out­paced the lum­ber­ing, bru­tish might of the US and syco­phant­ic West­ern intel­li­gence agen­cies.  The unfor­tu­nate Brad­ley Man­ning was exposed by an FBI snitch, Adri­an Lamo, rather than from any tech­nic­al fail­ure of the Wikileaks sub­mis­sion system.

What did occur was a mus­cu­lar dis­play of glob­al cor­por­at­ism, with nation after nation capit­u­lat­ing to take down the Wikileaks site, but mir­ror sites sur­vived that poin­ted to Switzer­land (which has a strong tra­di­tion of dir­ect demo­cracy, self defence and free speech and which remains stead­fastly inde­pend­ent from inter­na­tion­al dip­lo­mat­ic circle jerks the UN, NATO, and such like.

On top of that, all major fin­an­cial chan­nels stopped dona­tions to Wikileaks — an act now been deemed to be mani­festly illeg­al in some countries.

Now, in the wake of the Man­ning and Snowden dis­clos­ures, the US main­stream media appears, inev­it­ably, to be try­ing to con­flate the cases of known trait­ors with, you’ve guessed it, bona fide whistleblowers.

Cases such as Ald­rich Ames and Robert Hanssen, who betrayed their coun­tries by selling secrets to an enemy power — the Soviet Uni­on — in an era of exist­en­tial threat. They were trait­ors to be pro­sec­uted under the US Espi­on­age Act (1917) — that is what it was designed for.

This has noth­ing what­so­ever to do with the cur­rent whis­tleblower cases and is just so much basic neuro-lin­guist­ic pro­gram­ming. *Yawn*. Do people really fall for that these days?

This is a tired old tac­tic much used and abused in the offi­cially secret UK, and the USA has learned well from its former colo­ni­al mas­ter — so much for 1776 and the constitution.

How­ever, in the CBS inter­view men­tioned above it was subtly done — at least for a US broad­cast — with the com­ment­at­or sound­ing reas­on­able but with the imagery telling a very dif­fer­ent story.

In my view this con­fla­tion exposes a dark hypo­crisy at the heart of the mod­ern mil­it­ary-secur­ity com­plex. In the old days the “good­ies” and “bad­dies” were simplist­ic­ally demarc­ated in the minds of the pub­lic: free West good; total­it­ari­an East bad. This fol­lowed the main­stream pro­pa­ganda of the day, and those who worked for the oppos­i­tion — and the Soviet Uni­on gave the US/UK intel­li­gence axis a good run for its money — were pro­sec­uted as trait­ors.  Unless, of course, they emerged from the rul­ing class, when they were allowed to slip away and evade justice.

And of course many of us remem­ber the scan­dal of the Rus­si­an spy ring that was exposed in 2010 — many indi­vidu­als who had illeg­ally been infilt­rated into the US for dec­ades. Yet, when they were caught and exposed, what happened?  A deal was struck between the US and Rus­sia and they were just sent home.

No such lib­er­al­ity is shown to true mod­ern-day whis­tleblowers. Quite the oppos­ite, with the UK and the US will­ing to breach all estab­lished dip­lo­mat­ic pro­to­cols to hunt down their quarry. This des­pite the fact that the whis­tleblowers are lib­er­at­ing inform­a­tion about the illeg­al­ity of our own gov­ern­ments to empower all of us to act as informed cit­izens, and des­pite the fact that they are expos­ing glob­al-level crimes.

Bradley_Manning_2Brad­ley Man­ning and Edward Snowden have risked their lives to expose the fact that we are liv­ing under a glob­al police state and that our mil­it­ary and intel­li­gence agen­cies are run­ning amok across the plan­et, with CIA kill lists, rendi­tions, tor­ture, wars, drone strikes and dirty tricks.

Yet the West is not offi­cially at war, nor is it facing an exist­en­tial threat as it did dur­ing the Second World War or the so-called Cold War.  Des­pite this, the US has used the Espi­on­age Act (1917) more times in the last 5 years than over the pre­ced­ing cen­tury. Is it sud­denly infes­ted with spies?

Well, no.  But it is sud­denly full of a new digit­al gen­er­a­tion, which has grown up with the assump­tion that the inter­net is free, and which wants to guar­an­tee that it will remain free without Big Broth­er watch­ing over their shoulders.  Tal­en­ted indi­vidu­als who end up work­ing for the spy agen­cies will inev­it­ably be per­turbed by pro­grammes such as PRISM and TEMPORA. Law­yers, act­iv­ists and geeks have been warn­ing about this for the last two decades.

By 1911 the UK had already put in place not only the proto-MI5, but also then added the first Offi­cial Secrets Act (OSA) to pro­sec­ute real trait­ors ahead of the First World War. The UK updated the OSA in 1989 spe­cific­ally to sup­press whis­tleblow­ing. The US has learned these leg­al sup­pres­sion les­sons well, not least by shred­ding its con­sti­tu­tion with the Pat­ri­ot Act.

How­ever, it has neg­lected to update its law against whis­tleblowers, fall­ing back instead onto the hoary old 1917 Espi­on­age Act — as I said before, more times in the past five years than over the last century.

This is indeed a war on whis­tleblowers and truth-tell­ers, noth­ing more, noth­ing less.

What are they so afraid of? Ideal­ists who believe in the old demo­crat­ic con­sti­tu­tions? The Uni­ver­sal Declar­a­tion of Human Rights and oth­er such fuddy-duddy concepts?

Or could the real enemy be the bene­fi­ciar­ies of the whis­tleblowers? When the US gov­ern­ment says that Man­ning or Snowden have aided the enemy, do they, could they, mean we the people?

The answer to that would logic­ally be a resound­ing “yes”. Which leads to anoth­er ques­tion: what about the nation states — China, Rus­sia, Iran — that we have been told repeatedly over the last few years are hack­ing and spy­ing on us?

The phrase “pot and kettle” springs to mind. There are no good­ies and bad­dies any more. Indeed, all that remains is out­right and shock­ing hypocrisy.

Snowden has laid bare the fact that the US and its vas­sals are the most flag­rant prot­ag­on­ists in this cyber­war, even as our gov­ern­ments tell us that we must give up basic human rights such as pri­vacy, to pro­tect us from the glob­al threat of ter­ror­ism (while at the same time arm­ing and fund­ing our so-called ter­ror­ist enemies).

Yet whis­tleblowers who bravely step up and tell us our gov­ern­ments are com­mit­ting war crimes, that we are being spied on, that we live under Orwellian sur­veil­lance, are now the people being pro­sec­uted for espi­on­age, not the “real” spies and cer­tainly not the war criminals.

In the CBS inter­view, former US Gen­er­al Michael Hay­den, ex-head of the CIA and NSA asked: “what kind of mor­al judge­ment does it take for someone to think that their view trumps that of two pres­id­ents, the Con­gress and Sen­ate, the court sys­tem and 35,000 co-work­ers at the NSA?”

Er, per­haps someone who does not want to col­lude in the most stark examples of glob­al war crimes and illeg­al sur­veil­lance? And per­haps someone who believes that the Uni­ver­sal Declar­a­tion of Human Rights was set up for a reas­on after the hor­rors of the Second World War?

When the rule of law breaks down, who is the real criminal?

What we are wit­ness­ing is a gen­er­a­tion­al clash, not a clash of ideo­lo­gies. The old­sters still be believe in the Cold War nar­rat­ive (or even “cow­boys and Indi­ans”?) of good­ies, bad­dies and exist­en­tial threats. The digit­al gen­er­a­tions have grown up in the wake of 9/11 and all the asso­ci­ated gov­ern­ment­al over-reac­tion — war crimes go unre­por­ted and untried, real civil liber­ties are an his­tor­ic arte­fact, and the glob­al pop­u­la­tion lives under Big Broth­er sur­veil­lance. Why on earth is any­one, really, sur­prised when young people of hon­our and ideal­ism try to take a stand and make a difference?

We should be more wor­ried about our future if the whis­tleblowers were to stop com­ing forward.

Newsletter Excerpt re Edward Snowden

For read­ers who have not yet signed up to my monthly news­let­ter, here is the excerpt about Edward Snowden from my June edi­tion, with a little update at the end:

The Edward Snowden saga is riv­et­ing for me on so many levels.You’ll no doubt be aware of the case, unless you have been liv­ing in a cup­board for the last few weeks.  Snowden is the brave young NSA con­tract­or who has blown the whistle on a range of glob­al sur­veil­lance pro­grammes that the Amer­ic­ans and the Brits have developed over the last few years to fight the war on ter­ror­ism spy on all of us.

The sheer scale of his dis­clos­ures so far is incred­ible and has huge implic­a­tions for what remains of our demo­crat­ic way of life. Just today more inform­a­tion emerged to show that the NSA has been spy­ing on key EU insti­tu­tions — which might go some way to explain­ing why so much recent EU legis­la­tion appears to favour the interests of US cor­por­at­ism over those of European citizens.…

Pun­dits have been call­ing him the most sig­ni­fic­ant whis­tleblower since Daniel Ells­berg, who leaked the Pentagon Papers about the Viet­nam war 40 years ago.  But I would go fur­ther.  In my view Edward Snowden is the most sig­ni­fic­ant whis­tleblower in mod­ern his­tory because, while Ells­berg dis­closed vital inform­a­tion, it was largely a mat­ter that affected the Amer­ic­ans and the hap­less Viet­namese.  What Snowden has exposed, just to date, impacts all of us around the world.

Snowden has con­firmed the darkest fears of leg­al experts, geeks and con­cerned glob­al cit­izens about the sheer scale of the sur­veil­lance soci­ety we all now live under.  Not only are our intel­li­gence agen­cies run­ning amok, they do so using the infra­struc­ture of the glob­al inter­net mega­corps.  What he has laid bare is the fact that we are all already liv­ing under full-blown fascism.

He played it so well with that early film stat­ing very clearly his motiv­a­tion to go pub­lic — to defend a way of life that he saw was under threat. He appears to have learned from the mis­takes of pre­vi­ous whis­tleblowers.  He chose a journ­al­ist who under­stands the issues and has the fire in the belly and the inter­na­tion­al pro­file to fight his corner.  Glenn Gre­en­wald is a fear­less cam­paign­ing law­yer-turned-journ­al­ist who for years has been defend­ing the work of Wikileaks, with the irony being that he is now the new Assange, being attacked, threatened and smeared for report­ing the disclosures.

Of course, I and many oth­er former whis­tleblowers have been swamped by the usu­al fren­zied media tsunami, called up for inter­view after inter­view.  For me this began just as I was about to turn in for the night at 11.30pm on 9th June, when RT rang me up ask­ing for an urgent live inter­view just as the iden­tity of Snowden was emer­ging across the world’s media.  After a frantic 15 minutes sort­ing out the makeup and the tech (in that order, nat­ur­ally), I was wide awake again and speak­ing on live TV.  From that came a slew of oth­er requests over the next few days, includ­ing many pro­grammes on the BBC, Sky News, and mul­tiple radio and news­pa­per inter­views.  I could barely find time to leave my phone and com­puter to get to the bath­room.…  Then the wave receded for a few days before Snowden fled to Rus­sia, when the whole cycle began again.

Read­ing about Snowden going on the run also brought back a num­ber of per­son­al memor­ies for me. In 1997 I fled the UK with Dav­id Shayler only 12 hours ahead of his ini­tial dis­clos­ures about MI5 crimin­al­ity break­ing in the UK media. We were pur­sued across Europe, and had a month lit­er­ally on the run, fol­lowed by a year liv­ing in hid­ing in la France Pro­fonde before Dav­id was arres­ted, pending extra­di­tion, at the request of the Brit­ish gov­ern­ment.  He spent almost 4 months in a Par­is pris­on before the French released him — their view being that he was a whis­tleblower, which was deemed to be a polit­ic­al offence for which France spe­cific­ally does not extra­dite.  We lived more openly in Par­is for anoth­er two years, although Dav­id was trapped in France — had he trav­elled to anoth­er coun­try the whole ghastly extra­di­tion pro­cess would have star­ted again.

Well, there are worse places than France to be trapped in exile, but even so it was dif­fi­cult for him.  How much more so for Edward Snowden, whose options are more ser­i­ously con­strained and who faces life in pris­on in the US if he is caught?  Know­ing the pen­al­ties he faces and being aware of the track­ing cap­ab­il­it­ies and the ruth­less dis­reg­ard for the law and human rights of the mod­ern US intel­li­gence infra­struc­ture, his bravery in expos­ing the glob­al US sur­veil­lance state is truly breath-taking.

To fin­ish, here is one of my recent Sky News inter­views about the Edward Snowden case:

Sky TV inter­view on Snowden case from Annie Machon on Vimeo.

Addendum: today’s news told us that Bolivi­an Pres­id­ent, Evo Mor­ales’s offi­cial, dip­lo­mat­ic­ally pro­tec­ted, plane have been barred from fly­ing home from Moscow over much of Euro air­space, where he had been par­ti­cip­at­ing in high-level talks.  The reas­on being that Edward Snowden might have been be on board. Mor­ales was groun­ded in Aus­tria and had to sub­mit to a police search of the plane, against all dip­lo­mat­ic pro­tocol.  No Snowden was found, naturally.

I see this as a very clev­er move by per­sons unknown — test­ing exactly what the inter­na­tion­al response would be if Edward Snowden tries to fly out of Rus­sia.  And the Europeans, under undoubted pres­sure from the US, have fallen for it hook, line and sinker.

The US-Euro com­pli­cit pat­sies have been flushed out by this dip­lo­mat­ic scan­dal. Demon­stra­tions are appar­ently already occur­ring against the French embassy in Bolivia.  And this on the same day that the French Pres­id­ent, Fran­cois Hol­lande, used the Snowden dis­clos­ures to delay the rightly-maligned US-EU trade agreement.

So, even as the French use the Snowden dis­clos­ures for polit­ic­al advant­age, they appar­ently refuse to assist the source.  Which is unfor­tu­nate — my memory of French law is that whis­tleblow­ing is deemed a polit­ic­al act and the French spe­cific­ally do not extra­dite for alleged polit­ic­al offences.

Per­haps the French con­sti­tu­tion and law have changed since Sarkozy took France into NATO.…

The Secret Policemen’s Balls-Up

First pub­lished on RT Op-Edge, with the slightly more cir­cum­spect title: “Brit­ish police secretly oper­ated out­side demo­crat­ic con­trol for years”. Also on HuffPo UK.

In the wake of the glob­al impact of the ongo­ing Edward Snowden saga, a smal­ler but still import­ant whis­tleblower story flared and faded last week in the UK media.

Peter Fran­cis revealed that 20 years ago he had worked as an under­cov­er cop in the Met­ro­pol­it­an Police For­ce’s secret Spe­cial Demon­stra­tions Squad (SDS) sec­tion. In this role, Fran­cis stated that he was tasked to dig up dirt with which the Met could dis­cred­it the fam­ily of murdered black teen­ager, Steph­en Lawrence and thereby derail their cam­paign for a full and effect­ive police invest­ig­a­tion into his death.  The Lawrence fam­ily cor­rectly believed that the ori­gin­al invest­ig­a­tion had been fumbled because of  insti­tu­tion­al police racism at that time.

The fact that secret police were pos­ing as act­iv­ists to infilt­rate protest groups will come as no shock after the cas­cade of rev­el­a­tions about secret police­men in 2011, start­ing with DC Mark Kennedy/environmental act­iv­ist “Mark Stone”.  Kennedy was uncovered by his “fel­low” act­iv­ists, and nine more quickly emerged in the wake of that scan­dal. This has res­ul­ted in an enquiry into the shad­owy activ­it­ies of these most secret officers, accus­a­tions that the Crown Pro­sec­u­tion Ser­vice sup­pressed key evid­ence in crim­in­al tri­als, and a slew of court cases brought by women whom these (pre­dom­in­antly male) police officers seduced.

But the dis­clos­ures of Peter Fran­cis plumb new depths.  In the wake of the Steph­en Lawrence murder, many left-wing and anti-Nazi groups jumped on the band­wag­on, organ­ising demon­stra­tions and pro­vok­ing con­front­a­tions with the far-right Brit­ish Nation­al Party.  There was a clash near the BNP’s book­shop in south Lon­don in 1993.  So, sure, the Met Police could poten­tially just about argue that the under­cov­er officers were try­ing to gath­er advance intel­li­gence to pre­vent pub­lic dis­order and riot­ing, although the sheer scale of the oper­a­tion was utterly disproportionate.

How­ever, what is com­pletely bey­ond the Pale is this appar­ent attempt to smear the trau­mat­ised fam­ily of a murder vic­tim in order to derail their cam­paign for justice.

The role of under­cov­er cops spy­ing on their fel­low cit­izens who are polit­ic­ally act­ive is dis­taste­ful in a demo­cracy. And the fact that, until the ori­gin­al scan­dal broke in 2011, the recon­sti­t­uted SDS con­tin­ued to tar­get peace and envir­on­ment­al protest groups who offered no threat what­so­ever to nation­al secur­ity is dis­grace­ful — it smacks of the Stasi in East Germany.

To make mat­ters even worse, when details emerged two years ago, it became appar­ent that the SDS Ver­sion 2.0 was oper­at­ing out­side the form­al hier­archy of the police, with what little demo­crat­ic over­sight that would provide. In fact, it emerged that the SDS been renamed the Nation­al Pub­lic Order Intel­li­gence Unit (NPOIU) and had for years been the private fief­dom of a private lim­ited com­pany — the Asso­ci­ation of Chief Police Officers (ACPO).  With­in a notion­al demo­cracy, this is just gobsmacking.

So how did this mess evolve?

From the late 19th cen­tury the Met­ro­pol­it­an Police Spe­cial Branch invest­ig­ated ter­ror­ism while MI5, estab­lished in 1909, was a counter-intel­li­gence unit focus­ing on espi­on­age and polit­ic­al “sub­ver­sion”. The switch began in 1992 when Dame Stella Rim­ing­ton, then head of MI5, effected a White­hall coup and stole primacy for invest­ig­at­ing Irish ter­ror­ism from the Met. As a res­ult MI5 magic­ally dis­covered that sub­ver­sion was not such a threat after all – this rev­el­a­tion only three years after the Ber­lin Wall came down – and trans­ferred all its staff over to the new, sexy counter-ter­ror­ism sec­tions. Since then, MI5 has been eagerly build­ing its counter-ter­ror­ism empire, des­pite this being more obvi­ously evid­en­tial police work.

Spe­cial Branch was releg­ated to a sup­port­ing role, dab­bling in organ­ised crime and anim­al rights act­iv­ists, but not ter­ribly excited about either. Its prestige had been ser­i­ously den­ted. It also had a group of exper­i­enced under­cov­er cops – known then to MI5 as the Spe­cial Duties Sec­tion – with time on their hands.

It should there­fore come as little sur­prise that ACPO came up with the bril­liant idea of using this skill-set against UK “domest­ic extrem­ists”. It renamed the SDS as the NPOIU, which first focused primar­ily on poten­tially viol­ent anim­al rights act­iv­ists, but mis­sion creep rap­idly set in and the unit’s role expan­ded into peace­ful protest groups. When this unac­count­able unit was revealed it rightly caused an out­cry, espe­cially as the term “domest­ic extrem­ist” is not recog­nised under UK law, and can­not leg­ally be used as jus­ti­fic­a­tion to aggress­ively invade an indi­vidu­al’s pri­vacy because of their legit­im­ate polit­ic­al beliefs and activism.

So, as the police become ever more spooky, what of MI5?

As I men­tioned, they have been aggress­ively hoover­ing up the pres­ti­gi­ous counter-ter­ror­ism work. But, des­pite what the Amer­ic­ans have hys­ter­ic­ally asser­ted since 9/11, ter­ror­ism is not some unique form of “evil­tude”. It is a crime – a hideous, shock­ing one, but still a crime that should be invest­ig­ated, with evid­ence gathered, due pro­cess applied and the sus­pects on tri­al in front of a jury.

A mature demo­cracy that respects human rights and the rule of law should not intern sus­pects or render them to secret pris­ons and tor­ture them for years. And yet this is pre­cisely what our spooks have been doing – par­tic­u­larly when col­lud­ing with their US counterparts.

Also, MI5 and MI6 have for years oper­ated out­side any real­ist­ic demo­crat­ic over­sight and con­trol. Until this year, the remit of the Intel­li­gence and Secur­ity Com­mit­tee in Par­lia­ment has only covered the policy, admin­is­tra­tion and fin­ance of the spies. Since the com­mit­tee’s incep­tion in 1994 it has repeatedly failed to mean­ing­fully address more ser­i­ous ques­tions about the spies’ role, and has been repeatedly lied to by seni­or spies and police officers.

The spooks are effect­ively above the law, while at the same time pro­tec­ted by the dra­coni­an Offi­cial Secrets Act. This makes the abuses of the NPOIU seem almost quaint. So what to do? A good first step might be to have an informed dis­cus­sion about the real­ist­ic threats to the UK. The police and spies huddle behind the pro­tect­ive phrase “nation­al secur­ity”. But what does this mean?

The core idea should be safe­guard­ing the nation’s integ­rity. A group of well-mean­ing envir­on­ment­al pro­test­ers should not even be on the radar. And, no mat­ter how awful, the occa­sion­al ter­ror­ist attack is not an exist­en­tial threat to the fab­ric of the nation in the way of, say, the planned Nazi inva­sion in 1940. Nor is it even close to the sus­tained bomb­ing of gov­ern­ment, infra­struc­ture and mil­it­ary tar­gets by the Pro­vi­sion­al IRA in the 1970s-90s.

Only once we under­stand the real threats can we as a nation dis­cuss the neces­sary steps to take to pro­tect ourselves effect­ively; what meas­ures should be taken, what liber­ties occa­sion­ally and leg­ally com­prom­ised, and what demo­crat­ic account­ab­il­ity exists to ensure that the secur­ity forces do not exceed their remit and work with­in the law.

It is only by going through this pro­cess that can we ensure such scan­dals as the secret police will remain firmly in the past. And in the wake not only of Peter Fran­cis’s con­fes­sions but the sheer scale of the endem­ic elec­tron­ic sur­veil­lance revealed by Edward Snowden, this long-over­due nation­al debate becomes ever more necessary.

RT interview re Snowden flying to Russia

As the news broke that NSA whis­tleblower, Edward Snowden, had fled Hong Kong for Rus­sia today, I was invited on RT to do an inter­view. At that point few people had any idea of his plans.  How­ever, it appears that the USA had charged Snowden under the Espi­on­age Act 1917 (no sur­prises) and then asked Hong Kong to arrest and hold him, pending extra­di­tion. Equally unsur­pris­ingly, Hong Kong found mis­takes in the paper­work and used the oppor­tun­ity to com­plain about US spy­ing activ­ity in its territory.

Any­way, this gave Snowden, with appar­ently the help of the whis­tleblow­ing pub­lish­ing site Wikileaks, the chance to leave the coun­try and fly to Rus­sia, with the repor­ted final des­tin­a­tion being Ecuador.

So here’s my ini­tial take on the situation:

Snowden case shows US is bully boy of world — RTTV inter­view from Annie Machon on Vimeo.

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”.

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.