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Lies, spies and the story Chilcot missed

By Yvonne Ridley | MEMO | July 10, 2016

Sir John Chilcot’s report into the war in Iraq contains 2.6 million words and took seven years to complete yet there is one story which was untold in the dossier. It is the story of how two heroic GCHQ (Government Communications HQ) staff sacrificed their careers and ambitions in order to try and stop the most powerful country in the world from invading Iraq, and thereby preventing the slaughter of innocents.

One of the women, whom I called “Isobel”, came to see me after an anti-war gathering I addressed at Bristol University. It was towards the end of 2002 and I had recently returned from an investigative assignment in Iraq, convinced more than ever that Saddam had no weapons of mass destruction (WMD). However, as an anti-war journalist, very few of my colleagues in Fleet Street’s mainstream media wanted to run a story saying there were no WMD in Iraq, even though this was also the conclusion of the UN’s chief weapons inspector, Hans Blix, and his team of experts.

“Isobel” gave me a top secret document which turned out to be the biggest and most damning intelligence leak since World War II. I wondered how I could get the story out to the wider world that America was so desperate to push for war in Iraq that it was prepared to use blackmail against individuals sitting on the UN Security Council to get its wish.

The document made it quite clear that Britain’s spy agencies would do the spade work to seek out and dig dirt on council members which could then be used against them to secure their votes for war. It was sensational.

All of the information was contained in an email from America’s National Security Agency (NSA) to Britain’s GCHQ. British spy agencies were “ordered” by their American counterparts to spy on all members of the Security Council to try to ascertain how they would vote in the event of Bush and Blair seeking UN approval for the war in Iraq.

When “Isobel” handed me the document I was working as a freelance journalist and automatically thought the best way to place it would be at the Daily Mirror which, under editor Piers Morgan, was one of the few Fleet Street titles to adopt an anti-war position. Intelligence stories are always difficult to prove and, without compromising my contacts at GCHQ, I was unable to supply the Mirror with anything other than the original email, although I had used an intelligence contact to verify its authenticity.

The war drums were beating ever louder when it was returned to me with disappointing news; it would not be used by the Mirror. In hindsight, the story was so massive that I should have gone straight to Morgan to try and persuade him to run it.

By this time it was early February and, realising that it had a limited shelf life, I contacted a former colleague at the Observer and told him what I had. I met with Martin Bright in a small cafe in London’s West End and knew straight away that he would give it his best shot as he realised the importance of the document.

It took a full three weeks for Bright, assisted by the Observer’s then defence correspondent Peter Beaumont and US editor Ed Vulliamy, to stand up the story and persuade the editor, Roger Alton, to run with it. It was years later before I discovered that political editor Kamal Ahmed did his best to persuade Alton to dump the exclusive.

There were even attempts to trash my personal reputation as a journalist and reminders bordering on hysteria about the Sunday Times’ embarrassing faux pas over the 1980s hoax “Hitler Diaries”; it was a desperate attempt to dissuade Alton not to use the story but it went ahead and the scoop soon travelled around the world. Sadly, days later, Iraq was invaded and the story was swamped by “Shock and Awe” headlines. Now it is virtually forgotten, but I often wonder if it would or could have altered the course of events had we been able to get the story published in early February 2003.

The woman who handed me the document – “Isobel” – and her colleague Katharine Gun, a 29-year-old Mandarin translator who also worked at GCHQ in Cheltenham, were arrested. When their homes were raided and searched by police, “Isobel” got a message to me; I was in Bahrain at the time and sent Bright a text message saying simply, “Shit, hit & fan”.

Recalling events some five years later, Martin Bright wrote in the New Statesman : “The email was sent by a man with a name straight out of a Hollywood thriller, Frank Koza, who headed up the ‘regional targets’ section of the National Security Agency, the US equivalent of GCHQ. It named six nations to be targeted in the operation: Chile, Pakistan, Guinea, Angola, Cameroon and Bulgaria. These six so-called ‘swing nations’ were non-permanent members of the Security Council whose votes were crucial to getting the resolution through.”

According to Bright, “It later emerged that Mexico was also targeted because of its influence with Chile and other countries in Latin America, though it was not mentioned in the memo. But the operation went far wider – in fact, only Britain was specifically named as a country to be exempt from the ‘surge’.”

Verifying the document as genuine proved the most difficult task and Blairite journalists embedded in the Observer newsroom continued to whisper in the editor’s ear about conspiracy theories, Russian forgeries and even a double bluff scenario by GCHQ spy chiefs to flush out traitors.

In the end, Vulliamy simply telephoned the NSA’s Maryland HQ and asked to speak to the author of the email. Within seconds he was put through to Frank Koza’s office and the man himself answered the phone. Although he refused to comment on the story, the call proved that Koza did indeed exist and was not some invention of the Kremlin’s spooks.

The story was published on 2 March 2003 but it became clear that the US president was going to go to war come what may and that he wasn’t going to rely on UN support. Thanks to Chilcot, we now know that Blair had already given his unconditional support to Bush in September 2002.

Gun and “Isobel” were arrested for alleged offences under the Official Secrets Act, but the attorney general at the time, Lord Goldsmith, dropped the case at the 11th hour on 26 February 2004. Had the case gone ahead, it would have been both sensational and embarrassing for the US and Britain. Today I wonder if that is why Chilcot chose to ignore the story, which has been recounted in part by Bright. The shenanigans of what went on inside the Observer newsroom were provided in more detail by award-winning journalist Nick Davies. He decided to break Fleet Street’s unwritten rule by investigating his own colleagues, in order to expose how the mainstream media subverts the truth.

In his book “Flat Earth News”, Davies gave us a scathing critique of the media; not just some of it, but all of it. Davies’ most damaging dirt is reserved for Kamal Ahmed, the man who – with no prior experience – was appointed as political editor of the Observer after Patrick Wintour moved to the Guardian. The more obviously qualified Andy McSmith was overlooked by the new editor, Roger Alton, whose sympathies were generally right-wing. According to Davies, both Alton and Ahmed were open to endless manipulation by Downing Street, which resulted in uncritical stories about the “findings” of the now notorious “dodgy dossier”.

There were other blatant lies published about Saddam’s alleged connections to Al-Qaida and his arsenal of WMD. Journalists like myself who supported the anti-war movement and individuals like Blix and the US’ Scott Ritter were demonised and ridiculed for holding to a narrative which differed from that of the pro-war lobby.

The British and American media ware manipulated by people inside newsrooms who were under the influence of the Bush and Blair camps, manipulation the like of which we can see continuing today in the attacks against anti-war Labour Party leader Jeremy Corbyn. The pro-war lobby appears to be infecting all walks of life, including the media and government.

I don’t know if Chilcot was persuaded to ignore the story of the GCHQ leak or if he simply over-looked it, but as whistle-blower Kathryn Gun writes here, it was a missed opportunity. If nothing else, this is a cautionary tale which serves as a warning about the kind of desperate measures that the US and British governments are prepared to take to get their own way, especially on matters relating to the Middle East. If that means blackmailing, eavesdropping and intercepting the private communications of UN Security Council members, there are those in Washington and London ready, willing and able to do it.

July 10, 2016 Posted by | Corruption, Deception, Mainstream Media, Warmongering, Timeless or most popular | , , , , , , | Leave a comment

Good chance spies are hoovering up your personal data in bulk, documents show

RT | April 21, 2016

British security services “routinely” collect personal data on bulk from thousands of public and private organizations, including confidential medical and financial records, newly-disclosed documents show.

The previously-confidential files, obtained by campaign group Privacy International (PI) as part of an ongoing legal case challenging the collection of bulk personal datasets (BPDs), have revealed “the staggering extent to which the intelligence agencies hoover up our data.”

In March 2015, the government first owned up to the use of BPDs by its intelligence agencies, including by MI6, MI5 and GCHQ. BPDs include call logs, internet traffic, and medical, financial and travel records of British citizens.

“It goes far beyond monitoring our text messages, email messages, and social media posts. The intelligence agencies have secretly given themselves access to potentially any and all recorded information about us,” PI explains.

“The agencies themselves admit that the majority of data collected relates to individuals who are not a threat to national security or suspected of a crime. This highly sensitive information about us is vulnerable to attack from hackers, foreign governments, and criminals,” PI’s legal officer Millie Graham Wood said in a statement.

BPDs currently account for 5 percent of all data stored by GCHQ, the files reveal.

An oversight committee reviews the storage of BPDs every six months. Since 2005, home secretaries have had to reauthorize the collection of these data sets twice a year.

Wood warned the government’s controversial Investigatory Powers Bill would codify and legitimize these practices.

“The agencies have been doing this for 15 years in secret and are now quietly trying to put these powers on the statute book for the first time, in the Investigatory Powers Bill, which is currently being debated in Parliament. These documents reveal a lack of openness and transparency with the public about these staggering powers and a failure to subject them to effective Parliamentary scrutiny.”

In a statement, the Home Office defended the use of BPDs, saying their acquisition provides “vital and unique intelligence.”

The document cache also contains guidance for intelligence officers who have access to surveillance systems. One document aimed at MI6 employees warns officers not to scour the surveillance databases “for information about other members of staff, neighbors, friends, acquaintances, family members and public figures unless it is necessary to do so as part of your official duties.”

The revelations come after a survey revealed the majority of Britons remain unconcerned about the potential ramifications of the Investigatory Powers Bill.

Of 1,600 respondents surveyed by Broadband Genie, 75 percent said they had not heard of the IP Bill. Asked if they backed the government’s plans to ramp up mass surveillance in Britain, a third said they didn’t care either way.

April 21, 2016 Posted by | Civil Liberties, Corruption | , , , | Leave a comment

Drone kill list: Parliament deceived on ‘medieval assassination’ program

RT | April 11, 2016

Parliament has been deceived by the Conservative government on the scope and details of Britain’s unauthorized drone assassination program, according to a new report by the human rights NGO Reprieve.

The authors argue in the opening commentary that the “revelations in this report demonstrate that parliament has been misled” and that current scope of investigation into the issue is too “narrow.”

Published Sunday, the report makes a number of startling assertions. It claims the kill list – also known as the Joint Prioritized Effects List (JPEL) – conflates drug enforcement and counterterrorism.

It also says UK police units have helped the US military find targets for assassination and that unrepresentative examples of die-hard extremists are being cited to mask the human impact of drone warfare.

War on everything

The investigation warns that under the auspices of the UK’s targeted killing policy the ‘War on Terror’ is being merged with the ‘War on Drugs,’ with people other than suspected terrorists being killed by drones.

It alleges there may have been up to 50 Afghan drug traffickers on the list since 2009 and that UK police officers working for the Serious and Organised Crime Agency (SOCA) worked with electronic intelligence agency GCHQ and Britain’s Joint Narcotics Analysis Centre to pick out targets.

Skewed

Reprieve’s study claims the UK government has used particularly extreme examples to justify its drone policy, in the same way that the death penalty in the US has been justified by pointing to the most extreme killers.

It cites the example of Prime Minister David Cameron’s announcement on September 15, 2015, when he said that a UK drone strike had killed jihadist Reyaad Khan in Syria. Reprieve claims this was used to spin the reality of drone warfare.

“History teaches us that it has always been easiest for advocates of the death penalty to sell their case to some by highlighting the face of a serial killer who is captured on film committing his atrocities,” the report says.

This, the NGO claims, is not reflective of the demographic most profoundly affected by drone warfare, instead arguing that drones are “far from the marvelously precise killing machines” they are marketed as. It claims up to nine innocent children have been killed in pursuit of a “High Value Target.”

Medieval

The report warns against assassination as a tool of policy. It lauds those Conservative politicians who criticized Tony Blair’s government for “complicity” in the US torture program, but adds “if this government now seeks to drag the UK back to medieval times with an assassination project, it is only right that it should be fully discussed with parliament and the public.”

April 11, 2016 Posted by | Timeless or most popular, Video, War Crimes | , , , , | Leave a comment

Is This Even Legal? EU Court to Investigate UK Surveillance Bill

Sputnik — 28.03.2016

The European Court of Justice (ECJ) has scheduled an emergency hearing to investigate the United Kingdom’s recently adopted Investigatory Powers Bill on its compatibility with EU law, UK media said.

The hearing, which may result in the European Union limiting the powers of the UK Government Communications Headquarters (GCHQ) surveillance body, has been scheduled for April 12, The Guardian newspaper reported on Sunday.

On March 15, the House of Commons passed the Investigatory Powers Bill, also dubbed as the “snoopers’ charter” by its critics with 281 votes for and 15 against. The bill is now proceeding through the committee stage for further scrutiny.

The ECJ has previously ruled against the UK government’s surveillance legislation. In 2014, the court declared the Data Retention and Investigatory Powers Act 2014 (Dripa) to be inconsistent with EU laws after the case was brought to Luxembourg by two UK lawmakers.

April’s hearing is expected to be attended by the Conservative member of parliament David Davis, of the lawmakers that took Dirpa to the ECJ for scrutiny, according to the newspaper.

The snoopers’ charter has been designed to give UK police and intelligence services sweeping powers. the legislation requires internet providers to store their customers’ browsing history for up to 12 months and grant access to law enforcement regardless of whether a user is under investigation or not. Police will also have the authority to hack into phones, laptops, tablets and computers.

UK Home Secretary Theresa May has defended the bill, claiming it prioritizes privacy and limits intrusiveness into personal data.

March 27, 2016 Posted by | Civil Liberties, Full Spectrum Dominance | , , | 1 Comment

‘Karma Police’: Illegal GCHQ operation to track ‘every visible user on the internet’

RT | September 26, 2015

New documents shared by whistleblower Edward Snowden reveal GCHQ mass-surveyed “every visible user on the internet,” codenaming the operation Karma Police after a popular song by Radiohead.

The mission was started in 2009, without the agency obtaining legal permission to carry out the operation. Also there was no Parliamentary consultation or public scrutiny, documents published by the Intercept website show.

GCHQ – Government Communications Headquarters – is a UK spy agency responsible for providing intelligence by intercepting communications between people or equipment. The data is handed over to the British government and armed forces.

The recently revealed operation was developed by GCHQ in 2007-08. It aimed to link “every user visible to passive SIGINT with every website they visit, hence providing either (a) a web browsing profile for every visible user on the internet, or (b) a user profile for every visible website on the internet.”

The numbers of surveyed users were astonishing: in 2012, GCHQ gathered some 50 billion online metadata records a day, and the agency planned to boost its capacity to 100 billion records a day by the end of this year.

The information was held for months in a vast store nicknamed the Black Hole and was carefully examined by data analysts.

GCHQ also used software codenamed ‘Blazing Saddles’ to survey listeners of “any one particular radio station … to understand any trends or behaviors.”

The report details the program was reportedly aiming to “look for potential covert communications channels for hostile intelligence agencies running agents in allied countries, terrorist cells, or serious crime targets.”

However, the program didn’t just target terror suspects: one user was surveyed and found to have visited the Redtube porn site, some social media and a few Arabic and Islamic commercial enterprises.

Eric King, deputy director of Privacy International organization, tweeted his concern following the publication of the documents.

Despite former CIA employee Edward Snowden leaking his NSA files in 2013, revelations about the US and UK spying programs still appear regularly. In June, it was disclosed that a secretive GCHQ unit assists traditional law enforcement with domestic spying and online propaganda.

The unit reportedly manipulates public opinion based on scientific and psychological analyses.

Two years ago, the Snowden scandal forced the heads of MI5, MI6 and GCHQ to explain their actions at an unprecedented public hearing.

September 26, 2015 Posted by | Civil Liberties, Full Spectrum Dominance, Timeless or most popular | , , , | Leave a comment

60 Minutes Australia: Special Investigation Spies Lords and Predators

60 Minutes Australia- Special Investigation Spies Lords and Predators.mp4 from saynotofascism on Vimeo.

“I wasn’t a person… I was an object.”

Australian TV  was thoughtful enough to ignore the embarrassing fact that at the time Lord Greville Jenner allegedly slept with young kids in his marital bed, he was also the Chairman of the BOD, a body that claims to represent British Jewry.

July 20, 2015 Posted by | Corruption, Supremacism, Timeless or most popular, Video | , , | 1 Comment

New documents yet more evidence of UK & European role in US drone strikes

Reprieve | June 24, 2015

The Guardian and the New York Times have today revealed the existence of documents showing the contribution made by UK intelligence agency GCHQ to US drone strikes in Yemen.

The British Government has to date refused to comment on its role in such strikes, describing them consistently as “a matter for the Yemeni and US Governments.”

However, legal charity Reprieve has previously raised concerns over European complicity in covert drone strikes – considered by many experts to be in violation of international law – through the sharing of intelligence and the provision of infrastructure.

In Germany, Reprieve has helped civilian drone strike victim Faisal bin ali Jaber to bring a case against the Government over the role played in Yemen strikes by the military base at Ramstein.

Meanwhile, in the UK, Reprieve unearthed a contract showing that a high-tech data link had been provided between RAF Croughton – a base leased by the US in Lincolnshire – and Camp Lemonnier in Djibouti, from where US strikes against Yemen have reportedly been launched.

Commenting, Reprieve legal director Kat Craig said: “This is yet more damning evidence of the key role played by the UK in the illegal US drone war. This campaign has taken place in the shadows, killing hundreds of civilians while leaving their families with no access to justice. President Obama won’t even confirm it is taking place; while the UK and Germany follow his lead by stonewalling questions on the part they play. It is time Europe came clean on the support it provides to this misguided campaign, which the evidence suggests is making the world a more dangerous place for all of us.”

June 24, 2015 Posted by | Subjugation - Torture, War Crimes | , , , , , , | 1 Comment

FBI’s “Suicide Letter” to Dr. Martin Luther King, Jr., and the Dangers of Unchecked Surveillance

By Nadia Kayyali | EFF | November 12, 2014

The New York Times has published an unredacted version of the famous “suicide letter” from the FBI to Dr. Martin Luther King, Jr. The letter, recently discovered by historian and professor Beverly Gage, is a disturbing document. But it’s also something that everyone in the United States should read, because it demonstrates exactly what lengths the intelligence community is willing to go to—and what happens when they take the fruits of the surveillance they’ve done and unleash it on a target.

The anonymous letter was the result of the FBI’s comprehensive surveillance and harassment strategy against Dr. King, which included bugging his hotel rooms, photographic surveillance, and physical observation of King’s movements by FBI agents. The agency also attempted to break up his marriage by sending selectively edited “personal moments he shared with friends and women” to his wife.

Portions of the letter had been previously redacted. One of these portions contains a claim that the letter was written by another African-American: “King, look into your heart. You know you are a complete fraud and a great liability to all us Negroes.” It goes on to say “We will now have to depend on our older leaders like Wilkins, a man of character and thank God we have others like him. But you are done.” This line is key, because part of the FBI’s strategy was to try to fracture movements and pit leaders against one another.

The entire letter could have been taken from a page of GCHQ’s Joint Threat Research and Intelligence Group (JTRIG)—though perhaps as an email or series of tweets. The British spying agency GCHQ is one of the NSA’s closest partners. The mission of JTRIG, a unit within GCHQ, is to “destroy, deny, degrade [and] disrupt enemies by discrediting them.” And there’s little reason to believe the NSA and FBI aren’t using such tactics.

The implications of these types of strategies in the digital age are chilling. Imagine Facebook chats, porn viewing history, emails, and more made public to discredit a leader who threatens the status quo, or used to blackmail a reluctant target into becoming an FBI informant. These are not far-fetched ideas. They are the reality of what happens when the surveillance state is allowed to grow out of control, and the full King letter, as well as current intelligence community practices illustrate that reality richly.

The newly unredacted portions shed light on the government’s sordid scheme to harass and discredit Dr. King. One paragraph states:

No person can overcome the facts, no even a fraud like yourself. Lend your sexually psychotic ear to the enclosure. You will find yourself and in all your dirt, filth, evil and moronic talk exposed on the record for all time. . . . Listen to yourself, you filthy, abnormal animal. You are on the record.

And of course, the letter ends with an ominous threat:

King, there is only one thing left for you to do. You know what it is. You have just 34 days in which to do it (this exact number has been selected for a specific reason, it has definite practical significance). You are done. There is but one way out for you. You better take it before your filthy, abnormal fraudulent self is bared to the nation.

There’s a lesson to learn here: history must play a central role in the debate around spying today. As Professor Gage states:

Should intelligence agencies be able to sweep our email, read our texts, track our phone calls, locate us by GPS? Much of the conversation swirls around the possibility that agencies like the N.S.A. or the F.B.I. will use such information not to serve national security but to carry out personal and political vendettas. King’s experience reminds us that these are far from idle fears, conjured in the fevered minds of civil libertarians. They are based in the hard facts of history.

November 13, 2014 Posted by | Civil Liberties, Full Spectrum Dominance, Timeless or most popular | , , , , , | 2 Comments

GCHQ Oversight Tribunal Has To Ask GCHQ’s Permission To Reveal GCHQ’s Wrongdoing

By Glyn Moody | Techdirt | March 7, 2014

One of the key themes to emerge in the debate about surveillance is the oversight of the agencies involved, and to what extent it is effective. In the US, that has been put into stark relief by news that the committee that is supposed to keep an eye on the spies was itself spied upon. And now over in the UK, we learn that things are just as bad when it comes to the equivalent oversight body, the Investigatory Powers Tribunal (IPT). Its powers sound impressive:

The Tribunal can investigate complaints about any alleged conduct by, or on behalf of, the Intelligence Services – the Security Service (sometimes called MI5), the Secret Intelligence Service (sometimes called MI6) and GCHQ (Government Communications Headquarters).

The scope of conduct the IPT can investigate concerning the Intelligence Agencies is much broader than it is with regard to the other public authorities. The IPT is the only Tribunal to whom complaints about the Intelligence Services can be directed

Unfortunately, the IPT’s credibility as the public’s watchdog for the intelligence services has just been seriously undermined by the following information published by The Guardian :

A controversial court that claims to be completely independent of the British government is secretly operating from a base within the Home Office, the Guardian has learned.

The Investigatory Powers Tribunal, which investigates complaints about the country’s intelligence agencies, is also funded by the Home Office, and its staff includes at least one person believed to be a Home Office official previously engaged in intelligence-related work.

It gets worse:

the IPT will not say whether GCHQ had disclosed the existence of its bulk surveillance operations, which attempt to capture the digital communications of everybody — including those people who complain to the tribunal.

Nor will it disclose whether it has issued any secret ruling on the lawfulness of those operations, on the grounds that the rules under which it operates stipulate that it cannot do so without the permission of GCHQ itself. It has not sought that permission on grounds it knows it would not be given.

So the body tasked with overseeing GCHQ has to get GCHQ’s permission before it can reveal any wrongdoing by GCHQ, which it doesn’t bother doing when it knows it would be refused. Isn’t oversight a wonderful thing? Follow me @glynmoody on Twitter or identi.ca, and +glynmoody on Google+

March 7, 2014 Posted by | Deception, Full Spectrum Dominance | , | Leave a comment

The Realms of Impunity

GCHQ, Privacy, and Murder

By Binoy Kampmark | Dissident Voice | January 30, 2014 

It will only get worse, but the last few days have been interesting in the accumulating annals of massive surveillance. Britain’s equivalent of the National Security Agency, GCHQ, has been placed under the legal microscope, and found wanting.

The legal briefs who have been advising 46 members of the all-party parliamentary group on drones has handed down a sobering assessment of the GCHQ mass surveillance program: It is, for the most part, illegal. In some cases, it may well patently criminal.

According to barristers Jemima Stratford QC and Tom Johnston, the behaviour of GCHQ staffers, in many instances, potentially violates the privacy safeguards laid out in the European Convention on Human Rights (ECHR), largely due to the sheer vagueness of its remit. Such lack of clarity has enabled GCHQ staffers to rely “on the gaps in the current statutory framework to commit serious crime with impunity.”

Some of these are worth noting. Mass, bulk surveillance would be in contravention of privacy protections under EU law. “We consider the mass interception of external contents and communications data as unlawful. The indiscriminate interception of data, solely by reference to the request of the executive, is a disproportionate interference with the private life of the individuals concerned.”

Interception of bulk metadata (phones, email addresses) is treated as a measure “disproportionate” and in violation of Article 8 of the ECHR. That in itself was of little surprise. Of even greater interest was how the barristers dealt with the musty, archaic nature of existing legislation which the executive has been all too keen on using.

Much of this expansive, illegal behaviour lies in the way the Regulation of Investigatory Powers Act 2000 (Ripa) has been left in the technological lurch. Use, retention and destruction protocols on metadata are deemed inadequate, given the few restrictions on the practice. For one, Ripa distinguishes between metadata itself and the content of the messages, a clearly anachronistic form of reasoning that has yet to change.

The act, for example, provides too broad a discretion to the foreign secretary, currently William Hague, while providing “almost no meaningful restraint on the exercise of executive discretion in respect of external communications.”

The rather deft way GCHQ has also gone about intercepting communications – via transatlantic cables – cannot be accepted as legal, and would make no difference “even if some or all of the interception is taking place outside UK territorial waters.”

A troubling, though hardly astonishing feature of the brief is accountability of GCHQ staffers to potential criminal liability. The spectre of this rises for the information gathered and subsequently shared for use by allies, notably the United States. Intelligence used for targeting non-combatants with drone strikes is taken as one specific, and troubling example.

“An individual involved in passing that information is likely to be an accessory to murder. It is well arguable, on a variety of different bases, that the government is obliged to take reasonable steps to investigate that possibility.” The transfer itself, suggests the advice, would be unlawful for that reason. Nor can UK officials rely on the obtuse notion of “anticipatory self-defence” which is used by Washington to justify drone strikes in areas where they are not officially involved. Britain has yet to succumb, at least in that area, to flights of legal fancy.

The way such data is used in drone strikes is hardly an academic issue. It has been the subject of legal deliberations by the Court of Appeal and the High Court. The Court of Appeal’s decision in the Noor Khan case (Dec 2013) involved evidence dealing with GCHQ’s alleged supply of information to the CIA in a drone strike. The claimant’s father, in that case, had been killed by such a strike in the Federally Administered Tribal Areas of Pakistan.

Unfortunately, the Court of Appeal proved all too reluctant to venture into operational matters, feeling that doing so would ask the court to “condemn the acts of the persons who operate the drone bombs.” In Lord Dyson’s view, “It is only in certain established circumstances that our courts will exceptionally sit in judgment of such acts. There are no such exceptional circumstances here.” More’s the pity.

The advice will find itself the subject of scrutiny by the Parliamentary Intelligence and Security Committee, a body that has come surprisingly late to the game. After all, it took a committee on drones and their questionable deployments, not one dealing with intelligence and security, to produce some sound observations on mass surveillance.

How far the views achieve traction is anybody’s guess. Committees have a habit of making a hash of sound observations and it may well fall to others, such as the Joint Committee on Human Rights, to man the decks for reform. But the words of Labour MP Tom Watson, who chairs the committee on drones, are worth noting. “If ministers are prepared to allow GCHQ staffers to be potential accessories to murder, they must be very clear that they are responsible for allowing it.”

Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne and can be reached at: bkampmark@gmail.com.

January 30, 2014 Posted by | Civil Liberties, Full Spectrum Dominance, War Crimes | , , , | 1 Comment

Legal Analysis Requested By Members Of Parliament Says GCHQ Surveillance Is Illegal Too

By Mike Masnick | Techdirt | January 29, 2014

We’ve seen a few times now how legal analysis suggests that the NSA’s surveillance activities are clearly illegal. However, over in the UK, the government has appeared to be even more protective of the surveillance by GCHQ, and even more insistent that the activities have been legal. While there’s a thriving debate going on in the US, many UK officials seem to have pushed back on even the possibility of a similar debate — and there has been little suggestion of reform. While it’s still unclear how much reform there will be of the NSA, the UK government hasn’t indicated even an openness to the idea.

But now, similar to the recent PCLOB report in the US, a legal analysis of the GCHQ, written at the request of a bunch of Members of Parliament, has argued that much of what GCHQ is doing is illegal under UK law:

In a 32-page opinion, the leading public law barrister Jemima Stratford QC raises a series of concerns about the legality and proportionality of GCHQ’s work, and the lack of safeguards for protecting privacy.

It makes clear the Regulation of Investigatory Powers Act 2000 (Ripa), the British law used to sanction much of GCHQ’s activity, has been left behind by advances in technology. The advice warns:

  • Ripa does not allow mass interception of contents of communications between two people in the UK, even if messages are routed via a transatlantic cable.
  • The interception of bulk metadata – such as phone numbers and email addresses – is a “disproportionate interference” with Article 8 of the ECHR.
  • The current framework for the retention, use and destruction of metadata is inadequate and likely to be unlawful.
  • If the government knows it is transferring data that may be used for drone strikes against non-combatants in countries such as Yemen and Pakistan, that is probably unlawful.
  • The power given to ministers to sanction GCHQ’s interception of messages abroad “is very probably unlawful”.

There’s a lot more in the report, described at that Guardian link above, which is well worth reading. It makes you wonder how much longer the UK government can pretend that everything is perfectly fine with the GCHQ’s activities.

January 29, 2014 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , , , , | Leave a comment

British ministers answer for GCHQ mass surveillance in European court

RT | January 24, 2014

The court in Strasbourg has ordered British ministers to provide submissions on mass surveillance programs by the UK’s spy agency to find out whether GCHQ’s secret activities went against the European convention on human rights.

Four European civil rights groups filed a case against Government Communications Headquarters (GCHQ) at the European Court of Human Rights over its surveillance methods in September, after being denied the chance to challenge its practices in an open court in the UK.

The UK’s Big Brother Watch, English PEN and Open Rights Group, as well as the German internet activism group, Constanze Kurz, accused GCHQ of violating the European Convention of Human Rights, insisting that alleged hacking of vast amounts of online data, emails and social media breached Article 8 of the Convention, which guarantees European citizens the right to a private family life. Their case refers to two surveillance programs by the domestic spying agency, Prism and Tempora. The campaigners, who teamed up under the umbrella title of Privacy Not Prism, claimed that GCHQ has “illegally intruded on the privacy of millions of British and European citizens.”

In line with the data revealed by former US National Security Agency, Edward Snowden, about the mass surveillance programs operated by the US and Britain, the group said that “GCHQ has the capacity to collect more than 21 petabytes of data a day – equivalent to sending all the information in all the books in the British Library 192 times every 24 hours.” Meanwhile, under UK law, intelligence agencies are supposed to seek permission from the Secretary of State to read an individual’s text messages.

The European Court of Human Rights (ECHR) has ordered the British government to provide their submissions by May, and the campaigners expect the court to make a ruling before the end of the year.

According to the lawyer for the groups, the ECHR has acted “remarkably quickly” communicating the case to the British government.

“It has also acted decisively by requiring the government to explain how the UK’s surveillance practices and oversight mechanisms comply with the right to privacy. This gives hope the ECHR will require reform if the government continues to insist that nothing is wrong,” Daniel Carey told the Guardian.

Both GCHQ and British ministers have insisted that none of their intelligence programs violated privacy laws and human rights.

According to GCHQ, all of its work is “carried out in accordance with a strict legal and policy framework which ensures that our activities are authorized, necessary and proportionate, and that there is rigorous oversight, including from the secretary of state, the interception and intelligence Services commissioners and the parliamentary intelligence and security committee.”

Foreign Secretary William Hague has continuously dismissed allegations that GCHQ breached the law, saying law-biding citizens have no reason whatsover to be alarmed.

“If we could tell the whole world and the whole country how we do this business, I think people would be enormously reassured by it and they would see that the law-abiding citizen has nothing to worry about,” he said in June.

“If we did that, it would defeat the objective – this is secret work, it is secret intelligence, it is secret for a reason, and a reason that is to do with protecting all the people of this country,” Mr Hague explained.

Last week a joint investigation conducted by the UK’s Guardian newspaper and Channel 4 News, and based on the new documents leaked by Snowden, revealed that the NSA created a secret system called Dishfire to collect hundreds of millions of text messages a day. The documents showed that GCHQ had used the NSA database to search the metadata of “untargeted and unwarranted” communications of people in the UK. According to the Guardian report, “The NSA has made extensive use of its vast text message database to extract information on people’s travel plans, contact books, financial transactions and more – including of individuals under no suspicion of illegal activity.”

January 24, 2014 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , , , , , | Leave a comment