The FISA/Echelon Panopticon

A recent inter­view with James Corbett of the Corbett Report on Glob­al Research TV dis­cuss­ing issues such as FISA, Ech­el­on, and our cul­tur­al “groom­ing” by the bur­geon­ing sur­veil­lance state:

The End of Privacy and Freedom of Thought?

I saw this chilling report in my Twit­ter feed today (thanks @Asher_Wolf): Tel­stra is imple­ment­ing deep pack­et inspec­tion tech­no­logy to throttle peer to peer shar­ing over the internet.

Des­pite being a clas­si­cist not a geek by train­ing, this sounds like I know what I’m talk­ing about, right?  Well some­what to my own sur­prise, I do, after years of expos­ure to the “hackt­iv­ist” eth­os and a grow­ing aware­ness that geeks may our last line of defence against the cor­por­at­ists.  In fact, I recently did an inter­view on The Keiser Report about the “war on the internet”.

Offi­cially, Tel­stra is imple­ment­ing this cap­ab­il­ity to pro­tect those fra­gile busi­ness flowers (surely “broken busi­ness mod­els” — Ed) with­in the enter­tain­ment and copy­right indus­tries — you know, the com­pan­ies who pimp out cre­at­ive artists, pay most of them a pit­tance while keep­ing the bulk of the loot for them­selves, and then whine about how P2P file shar­ing and the cir­cu­la­tion and enjoy­ment of the artists’ work is theft?

But who, ser­i­ously, thinks that such tech­no­logy, once developed, will not be used and abused by all and sun­dry, down to and includ­ing our bur­geon­ing police state appar­at­us? If the secur­ity forces can use any tool, no mat­ter how sor­did, they will do so, as has been recently repor­ted with the UK under­cov­er cops assum­ing the iden­tit­ies of dead chil­dren in order to infilt­rate peace­ful protest groups.

Writer and act­iv­ist, Cory Doc­torow, summed this prob­lem up best in an excel­lent talk at the CCC hack­er­fest in Ber­lin in 2011:

The shred­ding of any notion of pri­vacy will also have a chilling effect not only on the pri­vacy of our com­mu­nic­a­tions, but will also res­ult in our begin­ning to self-cen­sor the inform­a­tion we ingest for fear of sur­veil­lance (Nazi book burn­ings are so 20th Cen­tury).  It will, inev­it­ably, also lead us to self-cen­sor what we say and what we write, which will slide us into an Orwellian dysto­pia faster than we could say “Aaron Swartz”.

As Columbi­an Pro­fess­or of Law, Eben Moglen, said so elo­quently last year at anoth­er event in Ber­lin — “free­dom of thought requires free media”:

Two of my favour­ite talks, still freely avail­able on the inter­net. Enjoy.

Lies, damned lies, and newspaper reporting…

Also on the Huff­ing­ton Post UK, RT, The Real News Net­work, nsn­bc, and Inform­a­tion Clear­ing House:

Where to start with this tangled skein of media spin, mis­rep­res­ent­a­tion and out­right hypocrisy?

Last week the Sam Adams Asso­ci­ates for Integ­rity in Intel­li­gence presen­ted this year’s award to Dr Tom Fin­gar at a cere­mony jointly hos­ted by the pres­ti­gi­ous Oxford Uni­on Soci­ety.

Thomas_FingarDr Fin­gar, cur­rently a vis­it­ing lec­turer at Oxford, had in 2007 co-ordin­ated the pro­duc­tion of the US Nation­al Intel­li­gence Estim­ate — the com­bined ana­lys­is of all 16 of Amer­ica’s intel­li­gence agen­cies — which assessed that the Ira­ni­an nuc­le­ar weapon­isa­tion pro­gramme had ceased in 2003.  This con­sidered and author­it­at­ive Estim­ate dir­ectly thwarted the 2008 US drive towards war against Iran, and has been reaf­firmed every year since then.

By the very fact of doing his job of provid­ing dis­pas­sion­ate and object­ive assess­ments and res­ist­ing any pres­sure to politi­cise the intel­li­gence (à la Down­ing Street Memo), Dr Fin­gar’s work is out­stand­ing and he is the win­ner of Sam Adams Award, 2012.  This may say some­thing about the par­lous state of our intel­li­gence agen­cies gen­er­ally, but don’t get me star­ted on that…

Any­way, as I said, the award cere­mony was co-hos­ted by the Oxford Uni­on Soci­ety last week, and many Sam Adams Asso­ci­ates atten­ded, often trav­el­ling long dis­tances to do so.  Former win­ners were asked to speak at the cere­mony, such as FBI Coleen Row­ley, GCHQ Kath­er­ine Gun, NSA Thomas Drake, and former UK Ambas­sad­or Craig Mur­ray.  Oth­er asso­ci­ates, includ­ing CIA Ray McGov­ern, dip­lo­mats Ann Wright and Brady Kiesling and myself also said a few words.  As former insiders and whis­tleblowers, we recog­nised the vitally import­ant work that Dr Fin­gar had done and all spoke about the import­ance of integ­rity in intelligence.

One oth­er pre­vi­ous win­ner of the Sam Adams Award was also invited to speak — Juli­an Assange of Wikileaks.  He spoke elo­quently about the need for integ­rity and was gra­cious in prais­ing the work of Dr Fingar.

All the nation­al and inter­na­tion­al media were invited to attend what was an his­tor­ic gath­er­ing of inter­na­tion­al whis­lteblowers and cov­er an award giv­en to someone who, by doing their job with integ­rity, pre­ven­ted yet fur­ther ruin­ous war and blood­shed in the Middle East.

Few atten­ded, still few­er repor­ted on the event, and the prom­ised live stream­ing on You­tube was blocked by shad­owy powers at the very last minute — an irony con­sid­er­ing the Oxford Uni­on is renowned as a free speech society.

But worse was to come.  The next day The Guard­i­an news­pa­per, which his­tor­ic­ally fell out with Wikileaks, pub­lished a myop­ic hit-piece about the event. No men­tion of all the whis­tleblowers who atten­ded and what they said, no men­tion of the award to Dr Fin­gar, no men­tion of the fact that his work saved the Ira­ni­an people from need­less war.

Oh no, the entire piece focused on the taw­dry alleg­a­tions eman­at­ing from Sweden about Juli­an Assange’s extra­di­tion case.  Dis­count­ing the 450 stu­dents who applauded all the speeches, dis­count­ing all the ser­i­ous points raised by Juli­an Assange dur­ing his present­a­tion, and dis­count­ing the speeches of all the oth­er inter­na­tion­ally renowned whis­tleblowers present that even­ing, The Guard­i­an’s report­er, Amelia Hill, focused on the small demo out­side the event and the only three attendees she could appar­ently find to cri­ti­cise the fact that a plat­form, any plat­form, had been giv­en to Assange from his polit­ic­al asylum at the Ecuadori­an Embassy.

Amelia_HillSo this is where we arrive at the deep, really deep, hypo­crisy of the even­ing.  Amelia Hill is, I’m assum­ing,  the same Guard­i­an journ­al­ist who was threatened in 2011 with pro­sec­u­tion under the Offi­cial Secrets Act.  She had allegedly been receiv­ing leaks from the Met­ro­pol­it­an Police about the on-going invest­ig­a­tion into the News of the World phone-hack­ing scandal.

At the time Fleet Street was up in arms — how dare the police threaten one of their own with pro­sec­u­tion under the OSA for expos­ing insti­tu­tion­al cor­rup­tion? Shades of the Shayler case were used in her defence. As I wrote at the time, it’s a shame the UK media could not have been more con­sist­ently robust in con­demning the chilling effects of the OSA on the free-flow of inform­a­tion and pro­tect all the Poor Bloody Whis­tleblowers, and not just come out fight­ing when it is one of their own being threatened.  Such is the way of the world.…

But really, Ms Hill — if you are indeed the same report­er who was threatened with pro­sec­u­tion in 2011 under the OSA — exam­ine your conscience.

How can you write a hit-piece focus­ing purely on Assange — a man who has designed a pub­lish­ing sys­tem to pro­tect poten­tial whis­tleblowers from pre­cisely such dra­coni­an secrecy laws as you were hyper­bol­ic­ally threatened with? And how could you, at the same time, air­brush out of his­tory the testi­mony of so many whis­tleblowers gathered togeth­er, many of whom have indeed been arres­ted and have faced pro­sec­u­tion under the terms of the OSA or US secrecy legislation?

Have you no shame?  You know how fright­en­ing it is to be faced with such a prosecution.

Your hypo­crisy is breath-taking.

The offence was com­poun­ded when the Sam Adams Asso­ci­ates all wrote a let­ter to The Guard­i­an to set the record straight. The ori­gin­al let­ter is repro­duced below, and this is what was pub­lished.  Of course, The Guard­i­an has a per­fect right under its Terms and Con­di­tions to edit the let­ter, but I would like every­one to see how this can be used and abused.

And the old media won­ders why they are in decline?

Let­ter to The Guard­i­an, 29 Janu­ary 2013:

Dear Sir

With regard to the 24 Janu­ary art­icle in The Guard­i­an entitled “Juli­an Assange Finds No Allies and Tough Quer­ies in Oxford Uni­ver­sity Talk,” we ques­tion wheth­er the news­pa­per­’s report­er was actu­ally present at the event, since the account con­tains so many false and mis­lead­ing statements.

If The Guard­i­an could “find no allies” of Mr. Assange, it did not look very hard! They could be found among the appre­ci­at­ive audi­ence of the packed Oxford Uni­on Debate Hall, and — in case you missed us — in the group seated right at the front of the Hall: the Sam Adams Asso­ci­ates for Integ­rity in Intelligence.

Many in our group — which, you might be inter­ested to know co-sponsored the event with Oxford Uni­on — had traveled con­sid­er­able dis­tances at our own expense to con­fer the 10th annu­al Sam Adams award to Dr. Thomas Fin­gar for his work on over­see­ing the 2007 Nation­al Intel­li­gence Estim­ate that revealed the lack of an Ira­ni­an nuc­le­ar weapon­iz­a­tion program.

Many of us spoke in turn about the need for integ­rity in intel­li­gence, describ­ing the ter­rible eth­ic­al dilemma that con­fronts gov­ern­ment employ­ees who wit­ness illeg­al activ­ity includ­ing ser­i­ous threats to pub­lic safety and fraud, waste and abuse.

But none of this made it into what was sup­posed to pass for a news art­icle; neither did any aspect of the accept­ance speech delivered by Dr. Fin­gar. Also, why did The Guard­i­an fail to provide even one sali­ent quote from Mr Assange’s sub­stan­tial twenty-minute address?

By cen­sor­ing the con­tri­bu­tions of the Sam Adams Asso­ci­ates and the speeches by Dr. Fin­gar and Mr. Assange, and by focus­ing exclus­ively on taw­dry and unproven alleg­a­tions against Mr. Assange, rather than on the import­ance of expos­ing war crimes and main­tain­ing integ­rity in intel­li­gence pro­cesses, The Guard­i­an has suc­ceeded in dimin­ish­ing none but itself.

Sin­cerely,

The Sam Adams Asso­ci­ates for Integ­rity in Intelligence:

Ann Wright (retired Army Col­on­el and For­eign Ser­vice Officer of US State Depart­ment), Ray McGov­ern (retired CIA ana­lyst), Eliza­beth Mur­ray (retired CIA ana­lyst), Coleen Row­ley (retired FBI agent), Annie Machon (former MI5 intel­li­gence officer), Thomas Drake (former NSA offi­cial), Craig Mur­ray (former Brit­ish Ambas­sad­or), Dav­id MacMi­chael (retired CIA ana­lyst), Brady Kiesling (former For­eign Ser­vice Officer of US State Depart­ment), and Todd Pierce (retired U.S. Army Major, Judge Advoc­ate, Guantanamo Defense Counsel).

The Real News Network Whistleblower Special

The Real News Net­work cov­er­age of the recent Sam Adams Award for Integ­rity in Intel­li­gence, with con­tri­bu­tions from many of the whis­tleblowers involved:

More at The Real News

The Keiser Report — my recent interview

My recent inter­view on Max Keiser­’s excel­lent RT show, The Keiser Report, appar­ently now the most watched Eng­lish lan­guage news com­ment­ary show across the world.

We were dis­cuss­ing such happy sub­jects as the war on ter­ror, the war on drugs, but pre­dom­in­antly the war on the internet:

SAAII Award at the Oxford Union Society

On 23 Janu­ary the Oxford Uni­on Soci­ety will be host­ing the Sam Adams Award for Integ­rity in Intel­li­gence.

The SAAII is one of the few inter­na­tion­al recog­ni­tions for those with­in the intel­li­gence com­munity who fol­low their con­science, often at great pro­fes­sion­al and per­son­al cost.

Thomas_FingarThis year’s win­ner is Dr Tom Fin­gar, who headed up the 2007 US Nation­al Intel­li­gence Estim­ate on Iran. He col­lated the offi­cial assess­ments of all 16 of Amer­ica’s intel­li­gence agen­cies, which unan­im­ously assessed that Iran had ceased try­ing to build a nuc­le­ar weapon in 2003. This evid­ence-based ana­lys­is made it impossible for the Bush admin­is­tra­tion to push through its plans to launch a war against Iran in 2008. This excel­lent art­icle by ex-CIA ana­lyst Ray McGov­ern explains Dr Fin­gar’s achieve­ments far bet­ter than I could.

Former SAAII win­ners include FBI Coleen Row­ley, GCHQ Kath­er­ine Gun, NSA Thomas Drake, and Wikileaks supremo Juli­an Assange.

Over the last few weeks I have had the pleas­ure of work­ing with the Uni­on officers and fel­low SAAII­ers, espe­cially renowned peace act­iv­ists Ray McGov­ern and Eliza­beth Mur­ray (formerly of the US Nation­al Intel­li­gence Coun­cil), to organ­ise this event.  Many of us will be speak­ing that even­ing, and Juli­an Assange will be doing a live video link.

All this in recog­ni­tion of Dr Fin­gar’s con­tri­bu­tion to pro­fes­sion­al, eth­ic­al intel­li­gence work. Even in this “gloves-off”, post‑9/11 world, it is heart­en­ing to hear that is possible.

I hope that many people can sup­port and report on this event.

Echelon Redux

Just a quick­ie, as this is some sort of hol­i­day sea­son appar­ently.  How­ever, this did annoy me.   In the same way that Pres­id­ent Obama signed the invi­di­ous NDAA on 31st Decem­ber last year, des­pite his prot­est­a­tions about veto­ing etc, it appears the US gov­ern­ment has sneaked/snuck through (please delete as appro­pri­ate, depend­ing on how you pro­nounce “tomato”) yet anoth­er dra­coni­an law dur­ing the fest­ive sea­son, which appar­ently fur­ther erodes the US con­sti­tu­tion and the civil rights of all Americans.

Yet anoth­er prob­lem for our benighted cous­ins across the pond, you might think.  But as so often hap­pens these days, bonkers Amer­ic­an laws can affect us all.

Yes­ter­day the Sen­ate approved an expan­sion of the terms of the For­eign Intel­li­gence Sur­veil­lance Act (FISA).  This allows the US intel­li­gence ser­vices to hoover up, if you’ll par­don the mild intel­li­gence joke, the emails of god-fear­ing, law-abid­ing Amer­ic­ans if they are exchan­ging emails with pesky foreigners.

Well of course the whole world now knows, post 9/11, that all for­eign­ers are poten­tial ter­ror­ists and are now being watched/snatched/extraordin­ar­ily rendered/tor­tured/assas­sin­ated with impun­ity.  In Europe we have had many people suf­fer this way and some have man­aged to achieve recog­ni­tion and resti­tu­tion.  That appears to do little to stop the drone wars and blood-let­ting that the USA has unleashed across the Middle East.

But the NDAA and the exten­ded FISA should at least rouse the ire of Amer­ic­ans them­selves: US cit­izens on US soil can now poten­tially be tar­geted.  This is new, this is dan­ger­ous, right?

Well, no, not quite, as least as far as the inter­cep­tion of com­mu­nic­a­tions goes.

The Ech­el­on sys­tem, exposed in 1988 by Brit­ish journ­al­ist Duncan Camp­bell and rein­vestig­ated in 1999, put in place just such a (leg­ally dubi­ous) mech­an­ism for watch­ing domest­ic cit­izens.  The sur­veil­lance state was already in place, even if through a back door, as you can see from this art­icle I wrote 4 years ago, which included the fol­low­ing paragraph:

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.

The only dif­fer­ence now is that FISA has come blast­ing through the front door, and yet people remain quiescent.

Interview, Czech National Radio

Here is a link to an in-depth inter­view I did recently at the Czech nation­al radio sta­tion in Prague.

As a Dir­ect­or of Law Enforce­ment Against Pro­hib­i­tion (LEAP), I was invited to Prague by the pro­gress­ive Czech Nation­al Drug Co-ordin­at­or, Jindrich Vobor­il, to speak at a drugs con­fer­ence in the Czech Parliament.

The House I Live In” — drug panel discussion

I recently rep­res­en­ted LEAP at a pan­el dis­cus­sion in Lon­don about the failed war on drugs after a screen­ing of the excel­lent film The House I Live In, along with Steve Rolles of Trans­form and Niamh East­wood of Release:

Oval Space Cinema Club: ‘The House I Live In’ — Pan­el Dis­cus­sion from Oval Space on Vimeo.

LEAP Interview on The Real News Network, October 2012

I par­ti­cip­ated in the Law Enforce­ment Against Pro­hib­i­tion (LEAP) board meet­ing last Octo­ber in Bal­timore. While there, I arranged for board mem­bers to do a series of inter­views about the failed glob­al “war on drugs” with the excel­lent and inde­pend­ent Real News Net­work.

The tide of his­tory is with us — more and more coun­tries are speak­ing out about the fail­ure of pro­hib­i­tion.  LEAP sup­ports and con­trib­utes to this discussion.

LEAP has rep­res­ent­at­ives across the world with a wide range of pro­fes­sion­al expert­ise: police officers, drug czars, judges, pris­on gov­ernors, law­yers, drug enforce­ment officers, and even the occa­sion­al former spook.…

Our var­ied exper­i­ences and back­grounds have brought us to one con­clu­sion: we all assess the “war on drugs” to have been an abject fail­ure that causes more glob­al soci­et­al harm than good, as well as fund­ing organ­ised crime, ter­ror­ism and white col­lar bank crime.

We urgently need to rethink the failed UN drug conventions.

Here is the RNN inter­view I par­ti­cip­ated in, along with Brazili­an Judge Maria Lucia Karam:

The Free Speech Debate

My recent inter­view for the excel­lent Oxford Uni­ver­sity Free Speech Debate pro­ject, run by Pro­fess­or Timothy Gar­ton Ash.  I dis­cuss whis­tleblow­ing, the Offi­cial Secrets Act, Wikileaks and much more:

Asymmetric Extradition — the American Way

Pub­lished in the Huff­ing­ton Post UK, The Real News Net­work, and Inform­a­tion Clear­ing House

I blame my part­ner. There I was hav­ing a per­fectly nice day off, poot­ling my way through the Sunday news­pa­pers and find­ing such intriguing art­icles about the fact that Bri­tain has invaded all but 22 coun­tries around the world over the cen­tur­ies (France is the second most pro­lif­ic invader but also has the dubi­ous dis­tinc­tion of being the coun­try most invaded by Bri­tain, apparently).

Then he has to go and say “well, if the US ignores oth­er coun­tries’ laws, why should we be sub­ject to theirs?”. This post is the unavoid­able result.

I had made the tac­tic­al blun­der of shar­ing two art­icles with him.  The first was an excel­lent inter­view in today’s Inde­pend­ent with news supremo and fin­an­cial sub­vers­ive, Max Keiser; the second was an art­icle I found in my Twit­ter stream from the indefatig­able Julia O’D­wyer about her son’s ongo­ing leg­al fight in the UK.

The con­nec­tion?  Unfor­tu­nately and rather inev­it­ably these days — extradition.

Richard O’D­wyer is the Shef­field stu­dent who is cur­rently wanted by the USA on copy­right infringe­ment charges.  Using a bit of old-fash­ioned get-up-and-go, he set up a web­site called tvshack​.com, which appar­ently acted as a sign-post­ing ser­vice to web­sites where people could down­load media.  Put­ting aside the simple argu­ment that the ser­vice he provided was no dif­fer­ent from Google, he also had no copy­righted mater­i­al hos­ted on his website.

Richard has lived all his life in the UK, and he set up his web­site there.  Under UK law he had com­mit­ted no crime.

How­ever, the Amer­ic­an author­it­ies thought dif­fer­ently.  O’D­wyer had registered his web­site as a .com and the US now claims that any web­site, any­where in the world, using a US-ori­gin­ated domain name (com/org/info/net etc) is sub­ject to US law, thus allow­ing the Amer­ic­an gov­ern­ment to glob­al­ise their leg­al hege­mony. The most notori­ous recent case was the illeg­al US intel­li­gence oper­a­tion to take down Megaup­load and arrest Kim Dot­com in New Zea­l­and earli­er this year.

This has already res­ul­ted in for­eign web­sites that attract the wrath of the US author­it­ies being taken down, with no warn­ing and no due pro­cess. This is the cyber equi­val­ent of drone war­fare and the pres­id­en­tially-approved CIA kill list.

As a res­ult, not only was O’D­wyer­’s web­site sum­mar­ily taken down, he is now facing extra­di­tion to the US and a 10 year stretch in a max­im­um secur­ity pris­on.  All for some­thing that is not even a crime under UK law.  His case echoes the ter­rible 10-year ordeal that Gary McKin­non went through, and high­lights the appalling prob­lems inher­ent in the invi­di­ous, one-sided UK/USA Extra­di­tion Act.

So how does this link to the Max Keiser inter­view? Read­ing it reminded me of an invest­ig­a­tion Keiser did a few years ago into the extraordin­ary rendi­tion of a “ter­ror­ist sus­pect”, Abu Omar, from Italy to Egypt where he was inev­it­ably, hor­rific­ally tor­tured.  Since then, 23 CIA officers have now been tried under Itali­an law and found guilty of his kid­nap­ping (let’s not mince our words here).  The Mil­an Head of Sta­tion, Robert Lady is now wanted in Italy to serve his 9‑year sen­tence, but the US gov­ern­ment has refused to extra­dite him.

So let’s just reit­er­ate this: on the one hand, the US demands EU cit­izens on sus­pi­cion that they may have com­mit­ted a cyber-crime accord­ing to the diktats of Amer­ic­an law, which we are all now sup­posed to agree has a glob­al­ised reach; on the oth­er hand, US cit­izens who have already been con­victed by the due leg­al pro­cess of oth­er West­ern demo­cra­cies are not handed over to serve their sen­tences for appalling crimes involving kid­nap­ping and torture.

I have writ­ten at length about Amer­ica’s asym­met­ric extra­di­tion laws, but this is tak­ing the sys­tem to new heights of hypocrisy.

Just why, indeed, should European coun­tries reli­giously obey Amer­ica’s self-styled glob­al leg­al domin­ion and hand over its cit­izens, pre­sumed inno­cent until proven guilty, to the bru­tal and dis­pro­por­tion­ate US leg­al sys­tem?  Espe­cially when the US brushes aside the due leg­al pro­cesses of oth­er demo­cra­cies and refuses to extra­dite con­victed felons?

It appears that the USA is in a hurry to reach and breach Bri­tain’s record for for­eign inva­sions. But in addi­tion to old-fash­ioned mil­it­ary incur­sions, Amer­ica is also going for full-spec­trum leg­al dominance.

The Real News Network on Whistleblowing, Part 2

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