Yesterday, the European Parliament passed a draft report containing the EP’s recommendations to the Commission on the negotiations for TTIP. TTIP is the “free trade” treaty that is being negotiated between the US and the EU. It is the latest chapter in a long range of abbreviations across the world, from ACTA, to CETA, to TPP, TISA, etc. The end goal for TTIP is to create a single, massive free trade area/single market between the United States and the European Union member states. In practice, this requires that our standards be lowered to theirs and American businesses given unfettered access to the European markets (and in name vice versa, but it remains to be seen whether that will be the case in reality.)
The negotiations with the United States are being conducted in secret. There are various MEPs who are regularly informed about the progress of the negotiations, but they are prevented from saying anything substantial about the actual contents of the documents currently on the table. The peoples of Europe have no influence and no say in what makes it in the final treaty. Most of the Members of the European Parliament also have no idea about the exact contents of the negotiating document, and what is currently on the table. The European Parliament will vote on TTIP when the treaty is completed, but does not have the power to make amendments to the final text. This is a massive shame, since this treaty will influence us in major ways. In practice, it will open up our markets to American big business, while the effect for European middle and small enterprises are almost non-existent (as the vast majority of SMEs will not make the step to export to the United States).
Negligible Economic Advantages
The long-term economic advantages of TTIP to Europe is in fact completely negligible. Karel De Gucht, the previous EU Commissioner for Trade until 2014, claimed that TTIP will create lots of jobs in Europe, when in fact, we’re looking at an increase of GDP of at most 0.4 to 0.5 percent over a time period of decades. Claiming that this treaty will be about job creation and creating opportunities for workers on both continents is just completely dishonest, as also claimed in a blog on the U.S. Center for Economic and Policy Research (CEPR) website. According to various studies, the economic advantages are quite negligible. Incidentally, when De Gucht was confronted by some questions asked by the journalist regarding the alleged economic advantages of TTIP, he couldn’t provide an answer. And these are the sorts of people in charge of these things?
ISDS With A Different Name
One important aspect that hasn’t been scrapped in the new resolution is the notorious ISDS provision (Investor-State Dispute Settlement). ISDS is a arbitration provision, that basically says that if a corporation thinks that a certain law passed by a nation-state’s parliament is hurting the profits of the corporation, they will have a way to sue the state for damages, in practice amounting to hundreds of millions of euro’s.
The most laughable thing about this arbitration commission is, that in the initial proposals, it consists of 3 lawyers, one of which will be from the company and another one from the nation state; the third one to be decided by the 2 parties. No legitimate judge would be asked to take this decision, and this provision has the potential to hurt democracy in a massive way. That this was even up for serious discussion is simply insane. When we as people can no longer decide for ourselves what we do and do not allow onto the market, because we should always take into account whether or not that will hurt someone’s business model, what independence do we have left? What will be left of the people’s sovereignty, granted to them by international law?
The ironic thing is that in the latest resolution passed by the European Parliament (P8_TA-PROV(2015)0252), the term “ISDS” has been replaced with: ‘a system for resolving disputes between investors and states’. Tell me: how is that different from “Investor-State Dispute Settlement”? This was just a different term used in the new resolution just so some fractions in the European Parliament can say: “Look people, we stopped ISDS!”, while at the same time the Commission and the negotiating team can say to the Americans that it’s still in. In effect, nothing has changed on this point. The entire concept of investors suing states for damages because legislation is a threat to their business model, and doing so in kangaroo courts, is an utter travesty to the legal system.
Another problem is that big corporations have an excessive influence on European policy-making. During the preparatory phase of TTIP, 590 meetings took place between the Commission and corporate lobbyists. 92% of these meetings were with representatives of big business. In fact, quite a few sentences in the proposals are directly written by the lobbyists, and made it in the proposals virtually unchanged. And this is not only a problem for TTIP, this happens all the time.
Consequences of Arbitrary Arbitration
An example of where this could lead to is the case of Achmea vs the Republic of Slovakia. In this case, Achmea (which is a major Dutch insurance conglomerate) sued the Slovak Republic for damages because they wanted to re-nationalise their health care system. Of course, Achmea stood to lose millions of euros in potential profits due to this policy change, so they sued, citing alleged breaches of the Treaty on encouragement and reciprocal protection of investments between the Czech and Slovak Federal Republic and the Kingdom of the Netherlands. Luckily, the arbitration committee in this case dismissed all of Achmea’s claims, and recognised the sovereignty of the Slovak Republic to make these kinds of policy decisions.
Now imagine what happens when TTIP is implemented, on a massive scale and in a vast area across many different industries? What sovereignty do we have left when we have to think about protecting the profits of huge corporations with each and every policy decision?
Investor-State Dispute Settlement is wholly unnecessary
Protecting investments by means of arbitration committees only makes sense if your trading partner is a country without a well-developed and functioning legal system. It does not make sense whatsoever in the context of a free trade deal between the United States and the EU, since European countries do have functioning legal systems. It isn’t a union of banana republics. At least not yet. So any investment arbitration mechanism in the TTIP treaty that circumvents the nation states’ legal system is wholly unnecessary. The only reason it will make it into the treaty is to give big business a lot more power to overrule the decisions made by our elected representatives. One step closer to a United States of Europe, which in the vision of eurocrats the likes of Guy Verhofstadt is only complete when it stretches from California to the Caspian Sea.
Benito Mussolini, the fascist Italian dictator during WWII, once defined fascism as: the merger of the corporate with the state. When TTIP is passed, the corporate is the state! We will open our European markets up to American multinationals who, as we know, have little concern for labour standards, food safety regulations, and more. It will amount to us lowering our standards to theirs in the interest of “free trade”. If we don’t lower our standards, that would imply that the United States would raise theirs, which is extremely unlikely to happen in the current political climate. It will introduce a dispute settlement system that is actively hostile to the very principle of democracy. And our parliaments will have no say in the matter. Despite what the average eurocrat says, these are very real dangers. But there are even more reasons not to want this trade agreement with the United States.
Free Trade? With the people who spy on their allies?
Recently, news came out that the United States NSA spied on the German Chancellor and her most senior officials and also on the last 3 Presidents of the French Republic. These documents on WikiLeaks also reveal that the US has a decade-long policy of economic espionage, and is intercepting all French corporate contracts and deals valued over $200 million.
Two years after Edward Snowden’s revelations were made public, we have seen a move towards more secrecy, more surveillance, and more corporatism, and a lot less transparency and accountability. Transparency and accountability is also a major issue within the EU institutions and in particular the TTIP negotiations, but I’ll get to that it a bit.
Over the last 2 years we have seen moves by various European intelligence agencies to imitate the NSA and GCHQ in their capabilities. Just recently, the Dutch government released for public consulting a proposal aimed to give the AIVD, more power, authorising them to start tapping cable-bound communications.
Also, the FBI by means of James Comey and others in the US and UK (Cameron, May) are desperately trying to ban encryption, against all expert advice. Banning encryption makes us less secure, preventing, for example, banks and corporations from protecting our personal data against interception by criminals. Without encryption we cannot securely shop online, we cannot message online, businesses cannot keep their trade secrets confidential, etc. Encryption is essential to the internet, and essential to innovation.
The important point is this: Do we really want to increase cooperation in the areas of trade and industry, across all sectors, with the country that has been spying on us and disregards its own Constitution and rule of law? Do we really think that is in the interest of European citizens?
I wonder what would happen in the following hypothetical situation. Let’s say for the sake of argument that it is revealed that the Bundesnachrichtendienst (Germany’s foreign intelligence agency) has been spying on the last 3 US Presidents. Would the US then take the initiative and start negotiating a trade deal and much closer cooperation with the Europeans? Or would these actions be strongly condemned and action taken to prevent these actions in the future? I think we know what the response of the US in this hypothetical situation would likely be. However, in the real world, the US has been spying on the Europeans for decades on a massive scale, and we still don’t reconsider who our allies are?
We still mindlessly follow the US lead when it comes to demonising Russia, we don’t consider what actions are in the best interest of European businesses, we continue to give the US great advantages as they continue to stir up trouble, start revolutions and regime changes in Ukraine, hurting stability in the entire region, with MEPs Verhofstadt & Van Baalen joining in, calling for regime change on Maidan square.
The fact that US foreign policy is not a force of good in the world would already be grounds to scrap this entire treaty altogether.
Europe’s democratic deficit
Some people may accuse me of being Eurosceptic. That is not the case: I like the concept of European cooperation and integration, I have many clients across Europe, I like the fact that I am able to travel, live, and work anywhere in the European Union. That is not the problem, and in fact, one of the greatest achievements of close European cooperation.
What is the problem, however, is the clear lack of democracy and transparency at the European level at various European institutions. European elections are held to elect Members for a small piece of the pie that is the European Parliament (depending on the country you’re from the piece may be bigger or smaller), but other than that, the European institutions are completely closed from all meaningful interactions with European citizens. The Commission is not elected, and all other European institutions that make or influence European policy also have unelected officials who decide on things. We have 4 different Presidents responsible for God knows what, and all unelected. This is the major problem with the Union, and the thing in my opinion needs to be fixed before we start thinking about further expansion, or the transfer of even more powers to Brussels.
Europe should embrace democracy, not eschew it, like we could see yet again prior to the latest Greek referendum, when various European leaders made threats to the Greek people about the consequences should they not agree to more austerity. Even the President of the European Parliament, Mr. Martin Schultz has made such threats, which is wholly unbecoming of a President of a poor excuse of a Parliament, who should be above all parties, and adhere to independence from such political opinions.
Democracy is a great concept, invented in the 5th century BCE by the ancient Athenians in Greece. We should do more of it!
The Sad Truth
The sad truth regarding TTIP is that — based on the resolution just passed by the EP — I can already make the prediction regarding the final verdict of the European Parliament when the TTIP final document is finally presented to them: they will pass it, and it’ll probably include some sort of ISDS provision. There will probably be time pressure involved, requiring MEPs to read and interpret thousands of pages of legalese in a very short time-frame, which ensures that no MEP will actually read the document they vote on.
And when TTIP is passed, corporate fascism in Europe has won.
Good news on privacy protection for once: after an 11 March 2015 ruling of the Court of The Hague in the Netherlands in the case of the Privacy First Foundation c.s. versus The Netherlands, the court decided to strike down the Dutch data retention law. The law required telecommunication providers and ISPs to store communication and location data from everyone in the Netherlands for a year. The court based its decision on the reasoning that a major privacy infringement of this magnitude needs proper safeguards. The safeguards that were put in place were deemed insufficient by the court. There is too much room for abuse of power in the current law, which was the reason for the The Hague Court to strike it down, effective immediately.
The question remains what will happen now. The law has been struck down, so it seems logical to scrap it entirely. Whether that will happen, or whether the decision stands should the Ministry of Security and Justice appeal the decision, time will tell.
Last week, on the 7th of January 2015, the satirical magazine Charlie Hebdo‘s office in Paris was attacked by Islamic fundamentalists. Charlie Hebdo is a French satirical magazine featuring jokes, cartoons, reports etcetera. that is stridently anti-conformist in nature. They make fun of politics, Judaism, Christianity and Islam and all other institutions. Like all of us they have every right to freedom of expression. But alas, fundamentalists did not agree, and opted to violently attack their office in Paris with assault rifles and rocket propelled grenades, leaving 12 people killed and 11 wounded. This was a terrible attack, and my heart goes out to the families and their colleagues and friends who have lost their loved ones.
After the attack, there was (rightly so) worldwide condemnation and the sentence “Je suis Charlie,” French for “I am Charlie,” became the slogan of millions. What I am afraid of however, is not the terrorists who perpetrate these attacks. What frightens me more, is the almost automatic response by politicians who immediately see reasons to implement ever more oppressive legislation, building the surveillance state. After all, the goal of terrorism is to change society by violent means. If we allow them to, the terrorists have already won. Their objective is completed by our own fear.
Hypocrites At The March
When I was watching footage of the march in Paris for freedom of expression I saw that a lot of government leaders were present, most of whom severely obstructed freedom of expression and freedom of the press in their home countries. Now they were were at the march, claiming the moral high ground and claiming to be the guardians of press freedom.
Here’s an overview of some of the leaders present at the march and what they did in relation to restricting press freedom in their own countries, courtesy of Daniel Wickham, who made this list and published it on his Twitter feed:
- King Abdullah of Jordan, who last sentenced a Palestinian journalist to 15 years in prison with hard labour.
- Prime Minister Davutoglu of Turkey, a country which imprisons more journalists than any other country in the world.
- Prime Minister Benjamin Netanyahu of Israel, whose forces killed 7 journalists in Gaza last year (the second-highest after Syria).
- Foreign Minister Shoukry of Egypt, which in addition to Al Jazeera staff has detained journalist Shawkan for around 500 days.
- Foreign Minister Sergey Lavrov of Russia, which last year jailed a journalist for “insulting a government servant.”
- Foreign Minister Lamamra of Algeria, which has detained journalist Abdessami Abdelhai for 15 months without charge.
- The Foreign Minister of the United Arab Emirates, Abdullah bin Zayed Al Nahyan. The UAE held a journalist incommunicado for a month in 2013 on suspicion of having ties with the Muslim Brotherhood.
- Prime Minister Jomaa of Tunisia, which recently jailed blogger Yassine Ayan for 3 years for “defaming the army.”
- The Prime Ministers of Georgia and Bulgaria, both of whom have a record of attacking and beating journalists.
- The Attorney-General of the United States, Eric Holder (who was in Paris, but skipped out early, Obama or Kerry were nowhere to be found). Police in Ferguson have recently detained and assaulted Washington Post reporters.
- Prime Minister Samaras of Greece, where riot police has beaten and injured two journalists at a protest in June last year.
- The Secretary General of NATO, Jens Stoltenberg. NATO is responsible for deliberately bombing and killing 16 Serbian journalists in 1999, among many other crimes.
- President Kelta of Mali, where journalists are expelled for covering human rights abuses.
- The Foreign Minister of Bahrain Khalid bin Ahmed Al Khalifa. Bahrain being the 2nd biggest jailer of journalists in the world per capita (and they also torture them)
- Sheikh Mohamed Ben Hamad Ben Khalifa Al Thani of Qatar, which jailed a man for 15 years for writing the Jasmine poem.
- The Palestinian President Mahmoud Abbas, who had several journalists jailed for insulting him in 2013.
- Prime Minister Cerar of Slovenia, which sentenced a blogger to 6 months in prison for “defamation” in 2013.
- Prime Minister Enda Kenny of Ireland, where “blasphemy” is considered a criminal offence.
- Prime Minister Kopacz of Poland, which raided a magazine to seize recordings embarrassing for the ruling party.
- And of course Prime Minister David Cameron of the UK, where the authorities destroyed computers, hard drives, documents and other property of the Guardian and threatened with prosecution for publishing the Snowden documents.
Politicians like the ones mentioned above, but also the likes of May (UK Home Secretary), Opstelten (the Netherlands’ Justice Minister) and many others are jumping on the bandwagon again to implement new oppressive laws limiting freedom of expression and the civil and human rights of their peoples. With leaders like these, who needs terrorists? Our leaders will happily implement legislation that will severely curtail our freedoms and civil liberties instead of handling the aftermath of tragic events like these as grown-ups. It would be better if they viewed participating in the march as a starting point to start improving the situation in the areas of freedom of expression and freedom of the press at home.
The Political Consequences Of Terrorist Attacks
What frightens me is the fact that people like Andrew Parker, head of MI5, the kind of person who normally never makes headlines, is given all the space he needed to explain to us “why we need them,” to put it in the words of High Chancellor Adam Sutler, the dictator from the film “V for Vendetta,” which is set in a near-future British dystopia. UK Chancellor George Osborne immediately said in response to the piece by Andrew Parker that MI5 will get an extra £100 million in funding for combating Islamic fundamentalism. David Cameron has confirmed this.
Politicians are using the tragic events in Paris as a way to demand more surveillance powers for the intelligence community in a brazen attempt to curtail our civil liberties in a similar way to what happened after the 9/11 attacks.
All the familiar rhetoric is used again, how it’s a “terrible reminder of the intentions of those who wish us harm,” how the threat level in Britain worsened and Islamic extremist groups in Syria and Iraq are trying to attack the UK, how the intelligence community needs more money to gather intelligence on these people, how our travel movements must be severely restricted and logged, the need for increased security at border checks, a European PNR (Passenger Name Record) (which, incidentally would mean the end of Schengen, one of the core founding principles on which the EU was founded — freedom of movement). The list goes on and on.
A trend can be seen here. UK Home Secretary Theresa May wants to ban extremist speech, and ban people deemed extremist from publicly speaking at universities and other venues. The problem with that is that the definition of extremist is very vague, and certainly up for debate. Is vehemently disagreeing with the government’s current course in a non-violent way extremist? I fear that May thinks that would fit the definition. This would severely curtail freedom of speech both on the internet and in real life, since there are many people who disagree with government policies, and are able to put forward their arguments in a constructive manner.
Before we can even begin to implement laws like these we need to discuss what extremism means, what vague concepts like “national security” mean. There are no clear definitions for these terms at this point, while the legislation that is being put into place since 9/11 is using these vague notions intentionally, giving the security apparatus way too much leeway to abuse their powers as they see fit.
I read that Cameron wants to ban all encrypted communications, since these cannot be decrypted by the intelligence community. This would mean that banks, corporations and individuals would leave themselves vulnerable to all kinds of security vulnerabilities, including identity theft among others, vulnerabilities which cryptographic technologies are meant to solve.
Cryptography is the practice of techniques for secure communication in the presence of adversaries. Without cryptography, you couldn’t communicate securely with your bank, or with companies that handle your data. You also couldn’t communicate securely with various government agencies, or health care institutions, etcetera. All these institutions and corporations handle sensitive information about your life that you wouldn’t want unauthorised people to have access to. This discussion about banning cryptography strongly reminds me of the Crypto Wars of the 1990s.
Making technologies like these illegal only serves to hurt the security of law-abiding citizens. Criminals, like the people who committed the attacks at Charlie Hebdo, wouldn’t be deterred by it. They are already breaking the law anyway, so why worry? But for people who want to comply with the law, this is a serious barrier, and restricting cryptography only hurts our societies’ security.
Norwegians’ Response to Breivik
Instead of panicking, which is what these politicians are doing right now, we should instead treat this situation with much more sanity. Look for instance to how the Norwegians have handled the massacre of 77 people in Oslo and on the Norwegian island of Utøya by Anders Behring Breivik on July 22nd, 2011.
Breivik attacked the Norwegian government district in Oslo, and then subsequently went to Utøya, where a large Labour Party gathering was taking place. He murdered 77 people in total.
The response by the Norwegians was however, very different from what you would expect had the attack taken place in the UK, the US or The Netherlands, for instance. In these countries, the reaction would be the way it is now, with the government ever limiting civil liberties in an effort to build the surveillance state, taking away our liberties in a fit of fear. The Norwegians however, urged that Norway continued its tradition of openness and tolerance. Memorial services were held, the victims were mourned, and live went on. Breivik got a fair trial and is now serving his time in prison. This is the way to deal with crises like this.
Is Mass Surveillance Effective?
The problem with more surveillance legislation is the fact that it isn’t even certain that it would work. The effectiveness of the current (already quite oppressive) surveillance legislation has never been put to the test. Never was a research published that definitively said that, yes, storing all our communications in dragnet surveillance has stopped this many terrorist attacks and is a valuable contribution to society.
In fact, even the White House has released a review of the National Security Agency’s spy programmes in December 2013, months after the first revelations by Edward Snowden, and this report offered 46 recommendations for reform. The conclusion of the report was predictable, namely that even though the surveillance programmes have gone too far, that they should stay in place. But this report has undermined the NSA’s claims that the collection of meta-data and mass surveillance on billions of people is a necessary tool to combat terrorism.
The report says on page 104, and I quote:
“Our review suggests that the information contributed to terrorist investigations by the use of Section 215 telephony meta-data was not essential to preventing attacks and could readily have been obtained in a timely manner using conventional Section 215 orders.”
And shortly after Edward Snowden’s revelations about the existence of some of these programmes were published, former director of the NSA Keith Alexander testified to the Senate in defence of his agency’s surveillance programmes. He claimed that dozens of terrorist attacks were stopped because of the mass surveillance, both at home and abroad. This claim was also made by President Obama, who said that it was “over 50.” Often, 54 is the exact number quoted. Alexander’s claim was challenged by Senators Ron Wyden (D-OR) and Mark Udall (D-CO), who said that they “had not seen any evidence showing that the NSA’s dragnet collection of Americans’ phone records has produced any valuable intelligence.” The claim that the warrant-less global dragnet surveillance has stopped anywhere near that number of terrorist attacks is questionable to say the least, and much more likely entirely false.
More oppressive dragnet surveillance measures aren’t helping with making the intelligence community any more efficient at their job. In fact, the more intelligence gets scooped up in these dragnet surveillance programmes, the less likely it becomes that a terror plot is discovered before it occurs, so that these may be stopped in time. More data needs to be analysed, and there’s only so much automatic algorithms can do when tasked with filtering out the non-important stuff. In the end, the intel needs to be assessed by analysts in order to determine their value and if necessary act upon it. There is also the problem with false positives, as people get automatically flagged because their behaviour fits certain patterns programmed into the filtering software. This may lead to all sorts of consequences for the people involved, despite the fact that they have broken no laws.
Politicians can be a far greater danger to society than a bunch of Islamic terrorists. Because unlike the terrorists, politicians have the power to enact and change legislation, both for better and for worse. When we are being governed by fear, the terrorists have already won.
The objective of terrorism is not the act itself. It is to try and change society by violent means. If we allow them to change it, by implementing ever more oppressive mass surveillance legislation (in violation of Article 8 of the European Convention on Human Rights (ECHR)), or legislation that restricts the principles of freedom of the press and freedom of speech, enshrined in Article 10 of the ECHR, freedom of assembly and association enshrined in Article 11, or of freedom of movement which is one of the basic tenets on which the European Union was founded, the terrorists have already won.
Let’s use our brains and think before we act.
On November 26, 2014 it was revealed by the Dutch news outlet RTL Nieuws that there exists a confidentiality agreement that was signed by the Netherlands, Belgium, Australia and the Kiev regime in Ukraine that gives each of the signatories a veto on any information that comes out of the investigation.
The existence of this confidentiality agreement is confirmed by the Australian Government, more specifically by Melissa Stenfors, Acting Director of the Crisis Management & Contingency Planning Section of the Department of Foreign Affairs and Trade:
Later, the authenticity of this letter was confirmed by the Australian Ministry of Foreign Affairs and Trade in the following statement to RTL Nieuws:
“The letter to which you refer is authentic. Australia, The Netherlands, Belgium and Ukraine have signed a non-disclosure agreement with respect to the criminal investigation into the downing of Malaysian Airlines flight MH17.
This agreement requires consensus among the parties before information regarding the investigation can be released. The non-disclosure of information is important to avoid jeopardising the investigation or prejudicing a future judicial proceeding arising from the investigation.
The Joint Investigation Team non-disclosure agreement was communicated in confidence by foreign governments, and, as a result, cannot be made public.”
An Elsevier magazine Freedom of Information Act (Wob) request to reveal the contents of the confidentiality agreement mentioned above, along with 16 other documents concerning the investigation was denied by the Dutch cabinet.
So far, the investigation into the downing of Malaysian Airlines Flight MH17 is poorly done. The Dutch Safety Board (Onderzoeksraad voor Veiligheid) published a preliminary report about MH17 on 9 September 2014. This report was unsatisfactory for many parties. Basically it only says that the damage to the front section of the fuselage and the cockpit indicates that the plane was hit by a large number of high-energy projectiles coming from outside the aircraft, and that the damage pattern does not match with any damage one would expect in case of failure of the aircraft’s engines or other systems. In any case, there are no indications of any technical or operational problems with the aircraft or its crew prior to the CVR (Cockpit Voice Recorder) and FDR (Flight Data Recorder) stopping their recordings at 13:20:03 hours.
Important questions still remain unanswered, like whether the damage was caused by an air-to-air missile (which would support the Russians’ claims of a Ukrainian fighter jet near the Malaysian airliner), or surface-to-air (which supports the Buk weapons system theory). In the case of a surface-to-air missile, it still remains to be seen who fired the weapon at the time. Satellite pictures that claim that the Buk was operated by the rebels and then transported out of eastern Ukraine into the Russian Federation are very grainy, and one cannot discern any important details, let alone confirm their authenticity. These questions have not yet been answered, let alone asked by the investigation team (at least as far as we know).
The existence of the confidentiality agreement however, is very problematic. Especially if it contains, as sources seem to indicate, a veto right for all parties, including Ukraine. What if the investigation does reveal something that might point to the Ukrainians being behind the MH17 disaster? Would that ever get published? I think not, given the fact that they have a veto. Basically, the way this investigation was set-up, almost guarantees an outcome that will absolve the Ukrainians of any blame in the disaster. When the report does come out eventually, it will no doubt serve as new fuel on the pyre, with the West trying to blame Russia for the downing of MH17. Another reason why the investigation might be slow-going, besides the obvious difficulties in collecting all the evidence, is because the release of the final report might need to be carefully timed, released only when there’s a lull in the anti-Putin rhetoric, and this could then serve to ignite people’s anger and play on emotions to start a war with Russia. Which is a horrible thought, and I certainly do not hope things will play out this way.
But just as we have been stumbling into World War One, some of the signs are seen again nowadays. For instance, just look at the sheer level of propaganda found in the mainstream media, impervious to facts and reason. We are stumbling into another World War before we realise what happened. As the distinguished journalist John Pilger so brilliantly said during his speech at the Logan Symposium in London this month, “the most effective propaganda is not found in the Sun or on Fox News, but beneath a liberal halo.” We need to find the counter-narrative, figure out what is really going on to try and prevent this tragedy from happening.
It pains me to see how the U.S. is using Europe as its playground, themselves safely removed far away across the Atlantic Ocean, and we Europeans are allowing them to. Why should we be so subservient to a nation whose foreign policy in the past 70 years has only contributed to igniting crises and wars across the world? South America was ravaged by U.S. foreign policy, as was Vietnam, Cambodia, Laos, Afghanistan, Iraq, Syria, Pakistan, Yemen, Somalia, Cuba, and countless of other countries. Innocent citizens across the globe now have to live with the very real and daily fear of extra-judicial murder in the form of drone strikes, personally ordered and authorised by President Obama every Tuesday, extraordinary renditions (kidnapping) to “black sites” in countries like Poland and Romania where people are subject to CIA torture, as the executive summary of the Senate Select Committee on Intelligence Torture Report (PDF) recently revealed.
And the sad thing is, I’m not seeing any significant change in the US, where pundits the likes of Dick Cheney are still trumpeting torture (euphemistically called “enhanced interrogation”). When the Nazi’s were defeated after the Second World War, they were brought before the court during the Nuremberg trials, and some of the people deemed mainly responsible for the crimes against humanity and war crimes committed under Hitler’s regime were executed for their crimes. In the US, there isn’t even the slightest hint of a criminal investigation into the people responsible for the torture committed by CIA personnel and contractors, either directly or indirectly.
The Second Cold War
The coup in Ukraine was used to try and lure Russia into a second Cold War. A massive misinformation campaign was mounted in the Western press which totally ignored the real cause of the current crisis in Ukraine, namely the US putsch to oust the pro-Russian Yanukovich from power and install the pro-US Yatsenyuk. Yanukovich was democratically elected, Yastenyuk was not. On Maidan square, snipers attacked both the pro- and anti-Yanokovich protesters. The telephone conversation Victoria Nuland (Assistant Secretary of State) held with Geoffrey Pyatt (U.S. Ambassador to Ukraine) that was intercepted and posted to YouTube was blacked out from the mainstream media. This offered compelling evidence that the Ukrainian crisis was a U.S. led coup.
I have written extensively about the coup previously, explaining that NATO expansion after the Cold War ended has put Russia on edge, as they are obviously concerned about their national security. When the Soviets did a similar thing in Cuba, this led to Cuban Missile Crisis in October 1962. Why is it OK for the U.S. to respond by blockading Cuba, but when it’s Russia’s national security that is being threatened by NATO’s military bases, these legitimate concerns are hand-waved away and ignored? American exceptionalism has no place in the 21st century, or in fact, in any century.
After the referendum on the status of the Crimea, where the vast majority of the (mostly ethnic Russian) population (96.77% in fact) voted to re-join the Russian Federation, after the separation of the Crimea from Russia by Nikita Khrushchev in 1954, the Russians were immediately blamed for annexing the area. However, there were no such outcries when Kosovo declared itself independent from Serbia (without a referendum, mind you). In the case of Kosovo, it suited the Western powers, in the case of the Crimea, it did not.
The Crimea is of strategic importance to the Russians, as their Black Sea Fleet is based in the Crimean city of Sevastopol. When the Ukrainian coup started, Russia was getting increasingly concerned about whether it would be able to continue its lease of the military base, which was set to expire in 2042. Losing access to the base would be difficult, as Sevastopol’s warm water port, its natural harbour and the extensive infrastructure already in place there currently makes it one of the best-outfitted naval bases in the Black Sea. Sevastopol also allows the Russians relatively quick and easy access to the Mediterranean. The Russian Mediterranean Task Force, which is based in Sevastopol, was previously used to remove Syrian chemical weapons and conduct anti-piracy operations near Somalia.
All I hope is that the current crisis will be resolved quickly, as the path we currently seem to be on (one almost inevitably leading to war), is a foolish endeavour, and we need to realise that talking and diplomacy will get us much further than empty threats and baseless allegations. We’ve previously seen what US interference does to countries, like in the 2003 invasion of Iraq, and the sanctions that were put in place before that. Millions of people have been displaced and killed in that conflict alone. We need to stop this madness and start the dialogue to understand and hear the valid concerns put forward. Only then can war be avoided.
On November 21, 2014, the Dutch Ministry of the Interior and Relations within the Realm (Ministerie van Binnenlandse Zaken en Koninkrijksrelaties), sent a message to Parliament about the — in their view — necessary changes that need to be made to the Wet op de inlichtingen- en veiligheidsdiensten (Wiv) 2002 (Intelligence and Security Act 2002). The old law (Wiv 2002), differentiates between cable-bound and non-cable-bound (as in: satellite or radio) communications, and gives the intelligence agencies different powers for each of these two cases. In general, under the old law, according to Article 27, it’s legal for the AIVD and MIVD to bulk-intercept non-cable-bound communications. It isn’t legal for them to do so for cable-bound communications (as in: internet fibre optic cables, etc.) In this latter case, of cable-bound communications, it’s only legal for them to intercept the communications of specific intelligence targets (as put forward in Articles 25 and 26). In the case of targeted surveillance, the intercepted information can come from any source.
The Dessens Committee concluded (PDF, on pages 10 and 11) that this distinction between the various sources of the communication (cable vs non-cable) is no longer appropriate in the modern day and age, where the largest chunk of the communications in the world travel via cables. The way the cabinet wants to solve this problem is by changing the law such that the AIVD and its military sister MIVD can lawfully intercept cable-bound communications in bulk, expanding their powers significantly. So, in other words, the Dutch government is planning to go full TEMPORA (original source PDF courtesy of Edward Snowden), and basically implement what GCHQ has done in the case of Britain: bulk intercept everything that goes across the internet.
Why does this matter?
This matters because by bulk-intercepting everything that goes across the internet, the communications of people who aren’t legitimate intelligence targets get intercepted and analysed as well. By intercepting everything, no-one can have any expectation of privacy on the internet anymore, except when we all pro-actively take measures (like using strong encryption, Tor, OTR chat, VPNs, using free/open source software, etc.) to make sure that our privacy is not being surreptitiously invaded by the spooks. It is especially important to do this when there isn’t any proper democratic oversight in place, which could stop the AIVD or MIVD from breaking the law, and provide meaningful oversight and corrections to corrupting tendencies (after all, as we all know, power corrupts).
Also, the Netherlands is home to the second-largest internet exchange in the world, the Amsterdam Internet Exchange (Ams-IX), second only to the German exchange DE-CIX in Frankfurt. So a very large amount of data goes across Ams-IX’s cables, and this makes it interesting from an intelligence point of view to bulk-intercept everything that goes across it. This was previously not allowed in the Netherlands. Now, of course, if the AIVD wanted access to these bulk-intercepts, it could simply ask its sister organisation GCHQ in Britain. There is a lively market for sharing intelligence in the world. For instance, in many jurisdictions where it would be illegal for a domestic intelligence agency to spy on their own citizens, a foreign intelligence agency has no such limitations, and can then subsequently share the gained intel with the domestic intelligence agency. But now, they are building their own capacity to do this in Amsterdam on a massive scale.
In terms of intelligence targets, the AIVD currently focuses on jihadists, Islamic extremists, and due to their historical tendencies still left over from the BVD-era, left-wing activists. The BVD’s surveillance on the left-leaning portion of the Dutch population was legendary.
Legalising certain practices of intelligence agencies is something that we see more and more, which is what happens here.
Lawyer-client confidentiality routinely broken
A few weeks ago, I read on RT that MI5, MI6 and GHCQ routinely snoop on lawyers’ client communications. In the Netherlands, lawyer-client communications are routinely intercepted by police, prison administrations, and intelligence agencies. In a normal criminal case with the police or prisons doing the intercepting, this is illegal, and any intel gained isn’t supposed to end up in court documents. But in the case of intelligence agencies doing the intercepting, this is currently legal since there are no legal provisions prohibiting the Dutch intelligence community from not recording and analysing lawyer-client communications. But in a few occasions, these communications did end up in court documents. This strongly indicates that these communications are routinely intercepted and analysed. There is in fact a whole IT infrastructure in place to “exclude” these communications from the phone tap records, for instance. On this page, the Dutch Bar Association is explaining to their members how to submit their phone numbers into this system so that their conversations with their clients are (ostensibly) excluded from the taps (only the taps by Police though, the intelligence community is, as I’ve explained above, not affected by this.)
This trend is incredibly dangerous to the right to a fair trial. If one cannot honestly speak to one’s lawyer any more, where every word spoken to one’s lawyer is intercepted and analysed, suddenly the government holds all the cards, and will always be one step ahead. How can one build a defence based on that?
The Netherlands is by the way still the country with the dubious distinction of having the largest absolute number of wire-taps in the world, and that’s just gleaned from (partial) police records. We don’t even know how much the AIVD and MIVD tap, since that information is classified, and “threatens national security if released,” which in my opinion is spy-speak for: “We tap so much that you’d fall off your chair in outrage if we told you, so it’s better that we don’t.”
Instead of holding the intelligence community accountable for their actions for once, and make these practices stop at once, the government has always taken the position of legalising current practices instead, which, if you are the government minister responsible for the oversight on the intelligence community, sure is a lot easier than confronting a powerful intelligence agency, which maybe holds some dirt on you.
All of these developments are so dangerous to our way of living and any sane definition of a free and open, democratic society where government is accountable to the people that they claim to represent, that it makes me want to proclaim, as Cicero exasperatedly proclaimed in his first oration against Senator Catilina:
“O tempora! O mores!”
In the Roman case, Catilina conspired to overthrow the Republic & Senate, and Cicero was frustrated that, in spite of all the evidence presented, Catilina was still not sentenced for the coup, whereas in previous times in Roman history, Cicero noted, people have been executed based on far less evidence.
Now we have the situation, that in spite of all the mountains of evidence we now have, thanks to Snowden, governments around the world still won’t take the prudent and necessary steps to hold the intelligence community to account. We need to take action, and start to encrypt. As soon as the vast majority of the world’s communications are encrypted using strong encryption (not the ones where the NSA “helpfully” gives NIST the special factor to use for calculations in their standardisation of a crypto algorithm, all for free), soon, blatantly collecting everything will be of no use.
The NYPD brutally arrested the respectable former CIA analyst, veteran, and peace activist Ray McGovern today for trying to attend a talk in New York City by retired general David Petraeus, former CIA director from 2011 until his resignation on 9 November 2012.
Apparently, Petraeus is so afraid of a well-informed, contrary opinion or critical question from a former CIA analyst that the U.S. government thinks it is justified to brutally arrest McGovern. This is in gross violation of Mr McGovern’s constitutional rights, more specifically his First and Fourth Amendment rights
Ray has been serving as a CIA analyst from the Kennedy administration until that of George H.W. Bush. He chaired the National Intelligence Estimates and prepared the President’s Daily Brief for President Reagan from 1981 until 1985. When he retired, he received the Intelligence Commendation Medal for “especially meritorious service”, which he returned in 2006 because he does not want to be associated with torture.
This isn’t the first time that the authorities have arrested the 75-year-old former analyst. Previously, on 16 February 2011, McGovern was brutally arrested by GWU campus police for turning his back to the Secretary of State, Hillary Clinton when she gave a talk at George Washington University. This led the State Department to issue a BOLO (Be On the Look Out) alert for Ray. They made it look like a “Wanted” poster, and that would be funny if it wasn’t so Orwellian.
Clearly, Clinton and Petraeus can’t take any criticism. It’s a childish move not to even allow people to freely speak their opinions and prevent them from exercising their constitutional rights, and clearly shows Clinton and in this case Petraeus have no arguments. Otherwise they would be able to answer a critical question or two?
In a world where policies are increasingly based on lies, dissident opinions are not welcomed by the powers-that-be. They would like you to just watch the evening news on your television, read a mainstream newspaper, being told only by the mainstream media what you need to think, not being challenged to satisfy your curiosity about the world around us and the forces that drive it. But policies based on lies have real impact on people’s lives. Tens of millions of Iraqis suffered because of the U.S. invasion in 2003, which was based on the lie that Saddam Hussein had weapons of mass destruction. He hadn’t. If you keep repeating the lie often enough, soon people will start to believe it. But you’ve got to get mad!
All charges have been dropped for the Clinton incident, and Ray has not engaged in any criminal activity. He went to court to sue the State Department, and won. He sought and won an injunction against the State Department to stop the BOLO-alert on him, and force the State Department to pro-actively advise other law enforcement agencies that it no longer stands. Apparently this hasn’t happened.
Land of the Free?
Increasingly, we see dissidents and activists who make use of their legal right to protest being actively harassed and bullied by the government. Without people rocking the boat and upsetting the status quo, universal suffrage would not exist, women still wouldn’t have the vote, black people still would need to sit in the back of the bus, and apartheid in South Africa would still be there. Freedom of speech is important and we cannot allow it to be stifled like this. Would revolutionary ideas ever materialise if every thought and form of speech is controlled and monitored and censored by thought police and spies and their goons?
So much for the land of the free. It was fun while it lasted, from 1776 until 2001. Arresting and harassing someone simply because you don’t agree with their opinions is outrageous and contrary to the values of any democratic society. It is something more befitting of dictators and despots.
It is, however, still the home of the brave. Brave people, like Ray McGovern, who dare to question authority, stand up for what they know is right and just, and don’t like seeing their country and fellow countrymen dragged into illegal wars based on false pretences and lies (as in the case of the Iraq war, where the weapons of mass destruction were nowhere to be found, and now we see similar lies in the case of the U.S.-led coup in Ukraine.)
The Problem with watch lists
The problem with the myriad of U.S. government watch lists, like the BOLO alerts, or the No-Fly list, is a hydra with many heads.
- Firstly, you don’t know whether you’ve been put on any kind of watch list until you’re arbitrary detained or denied boarding on a flight.
- Secondly, it’s incredibly difficult to fight your entry to the watch list, as the government holds all the cards, the watch list is usually classified, and it takes expert lawyers, a lot of patience and FOIA requests and potentially expensive lawsuits to clear your name. Rahinah Ibrahim, a Malaysian woman who attended Stanford University and ended up on the No-Fly List, successfully fought to have her name removed from the list.
- Thirdly, watch lists often require no evidence, or anything proven beyond reasonably doubt to include you on a watch list. In the case of Ibrahim, it was a mistake by an FBI agent who ticked the wrong box on a form.
- Fourthly, information included on the watch list may be incorrect or plainly false.
- Fifthly, watch lists often proliferate, if you’re on one, it’s likely you’ll be added to others.
Watch lists are incredibly damaging to civil rights, precisely because it basically amounts to an arbitrary limitation to your freedom. It can be based on intel, but also on hearsay, or simply the grudge of a former Secretary of State.
Latest information has it that Ray McGovern is currently okay, but still being detained in an NYPD holding cell. He should be released immediately; America needs more heroes like him!
Update: Ray has been released!
A few days ago I read an article (NRC, Dutch, published 11 September, interestingly) about how TNO (the Dutch Organisation for Applied Scientific Research, the largest research institute in the Netherlands) developed technology (PDF) for smart cameras for use at Amsterdam Schiphol Airport. These cameras were installed at Schiphol airport by the Qubit Visual Intelligence, a company from The Hague. These cameras are designed to recognise certain “suspicious behaviour,” such as running, waving your arms, or sweating.
Curiously enough, these are all things that are commonly found at the stressful environment an international airport is to many people. People need to get at the gate on time, which may require running (especially if you arrived at Schiphol by train, which in the Netherlands is notoriously unreliable), they may be afraid of flying and trying to get their nerves under control, and airports are also places where friends and family meet again after long times abroad, which (if you want to hug each other) requires arm waving.
I suspect that a lot of false positives are going to occur with this technology due to this. It’s the wrong technology at the wrong place. I fully understand the need for airport security, and we all want a safe environment for both passengers and crew. Flights need to operate under safe conditions. What I don’t understand is the mentality that every single risk in life needs to be minimised away by government agencies and combated with technology. More technology does not equal safer airports.
A lot of the measures taken at airports constitute security theatre. This means that the measures are mostly ineffective against real threats, and serve mostly for show. The problem with automatic profiling, which is what this programme tries to do as well, is that it doesn’t work. Security expert Bruce Schneier has also written extensively about this, and I encourage you to read his 2010 essay Profiling Makes Us Less Safe about the specific case of air travel security.
The first problem is that terrorists don’t fit a specific profile, these systems can be circumvented once people figure out how, and because of the over-reliance on technology instead of common sense this can actually cause more insecurity. In “Little Brother”, Cory Doctorow wrote about how Marcus Yallow put gravel in his shoes to fool the gait-recognising cameras at his high school so he and his friends could sneak out to play a game outside. Similar things will be done to try and fool these “smart” cameras, but the consequences can be much greater. We are actually more secure when we randomly select people instead of relying on a specific threat profile or behavioural profile to select who to screen and who gets through security without secondary screening. The whole point of random screening is that it’s random. Therefore, a potential terrorist cannot in advance know what the criteria are that will make the system pick him out. If a system does use specific criteria, and the security of the system depends on the criteria themselves being secret, that would mean that someone would just have to observe the system for long enough to find out what the criteria are.
Technology may fail, which is something people don’t always realise. Another TNO report entitled: “Afwijkend Gedrag” (PDF; Abnormal Behaviour) states under the (admittedly tiny) section that deals with privacy concerns that collecting data about abnormal behaviour of people is ethically just because the society as a whole can be made safer with this data and associated technology. It also states (and this is an argument I’ve read elsewhere as well), that “society has chosen that safety and security trumps privacy.”
Now, let’s say for the sake of the argument that this might be true in a general sense (although it can be debated whether this is always the case, personally I don’t think so, as sometimes the costs are just too high and we need to keep a free and democratic society after all). The problem here is that the way technology and security systems are implemented is usually not something we as a society get to first have a vote on before the (no doubt highly lucrative) contracts get signed. In this case, Qubit probably saw a way to make a quick buck by talking the Schiphol leadership and/or the government (as the Dutch state holds 69.77% of the Schiphol shares) into buying their technology. It’s not something the people had a conscious debate on, and then subsequently made a well-informed decision.
Major Privacy Issues
We have established that these systems are ineffective and can be circumvented (like any system can), and won’t improve overall security. But much more importantly, there are major privacy issues with this technology. What Schiphol (and Qubit) is doing here, is analysing and storing data on millions of passengers, the overwhelmingly vast majority of which is completely innocent. This is like shooting a mosquito with a bazooka.
What happens with this data? We don’t know, and we have to believe Qubit and Schiphol on their word that data about non-suspect members of the public gets deleted. However, in light of recent events where it seems convenient to collect and store as much data about people as possible, I highly doubt any deletions will actually happen.
And the sad thing is: in the Netherlands the Ministry of Security and Justice is now talking about implementing the above-mentioned behavioural analysis system at another (secret) location in the Netherlands. Are we all human guinea pigs ready to be tested and played around with?
What is (ab)normal?
There are also problems with the definitions. This is something I see again and again with privacy-infringing projects like this. What constitutes “abnormal behaviour”? Who gets to decide on that and who controls what is abnormal behaviour and what isn’t? Maybe, in the not-too-distant future, the meaning of the word “abnormal” begins to shift, and begins to mean “not like us,” for some definition of “us.” George Orwell mentioned this effect in his book Nineteen-eighty-four, where ubiquitous telescreens watch and analyse your every move and one can never be sure what are criminal thoughts and what aren’t.
In 2009, when the European research project INDECT got funded by the European Union, there were critical questions asked to the European Commission by the European Parliament. More precisely, this was asked:
Question from EP: How does the Commission define the term abnormal behaviour used in the programme?
Answer from EC: As to the precise questions, the Commission would like to clarify that the term behaviour or abnormal behaviour is not defined by the Commission. It is up to applying consortia to do so when submitting a proposal, where each of the different projects aims at improving the operational efficiency of law enforcement services, by providing novel technical assistance.
(Source: Europarl (Written questions by Alexander Alvaro (ALDE) to the Commission))
In other words: according to the European Commission it depends on the individual projects, which all happen to be vague about their exact definitions. And when you don’t pin down definitions like this (and anchor them in law so that powerful governments and corporations that oversee these systems can be held to account!), these can be changed over time when a new leadership comes to power, either within the corporation in control over the technology, or within government. This is a danger that is often overlooked. There is no guarantee that we will always live in a democratic and free society, and the best defence against abuse of power is to make sure that those in power have as little data about you as possible.
Keeping these definitions vague is a major tactic in scaring people into submission. This has the inherent danger of legislative feature creep. A measure that once was implemented for one specific purpose soon gets used for another if the opportunity presents itself. Once it is observed that people are getting arrested for seemingly innocent things, many people (sub)consciously adjust their own behaviour. It works similarly with free speech: once certain opinions and utterances are deemed against the law, and are acted upon by law enforcement, many people start thinking twice about what they say and write. They start to self-censor, and this erodes people’s freedom to the point where we slowly shift into a technocratic Orwellian nightmare. And when we wake up it will already be too late to turn the tide.
I was also honoured to be able to attend the Sam Adams Associates’ award ceremony in Oxford, United Kingdom last month, and Chelsea Manning is a truly worthy recipient of the Sam Adams Award for Integrity in Intelligence. Her leaking of the Collateral Murder video to WikiLeaks (a video showing how U.S. Air Force personnel shoots at several unarmed civilians, 2 Reuters journalists and a father with 2 small children) proved that the U.S. was committing war crimes in Iraq. It was incredibly brave of her to leak the footage to WikiLeaks. For obvious reasons, Manning sadly could not make it to the ceremony herself, so her friend Aaron Kirkhouse received the award and delivered her acceptance speech.
It is absolutely horrific that whistle-blowers are being persecuted (Manning received 35 years in prison) while the real war criminals (the crew who fired from the Apache attack helicopter, killing dozens of unarmed civilians) gets to live in freedom.
And this isn’t happening solely to Manning either, it happened to other whistle-blowers and the people who are brave enough speak truth to power as well. And now we’ve come to the point where journalists are prevented from doing their jobs, and are increasingly approached with hostility by the state. Especially the ones who ask the critical questions that need asking.
Julian Assange is still under what basically amounts to house arrest in the Ecuadorian Embassy in London, because the Swedish authorities want to prosecute him. Assange fears that the Swedes will hand him over to the U.S. authorities because of his work for WikiLeaks. I think this is a very real fear, and Assange has offered the Swedish authorities the opportunity to send investigators to the U.K. to question him in person inside the Embassy. They have refused.
Just last week I’ve read the news about how the Dutch authorities have made up lies about the Dutch investigative journalist Brenno de Winter, that he had hacked facilities/infrastructure or committed burglary, etcetera. They then shared his personal information, including his address to government departments and the police. When he was having a lunch meeting the receptionist was startled and said that they had a ‘protocol’ for Mr. De Winter. A security guard was then sent to accompany him and watch his every move as he ate his lunch.
These are all classic cases of the government shooting the messenger, instead of heeding to the message and making serious inroads in making sure that war crimes and crimes against humanity, corruption, and abuse of power are stopped.
Whistle-blowers are incredibly important for society to keep power in government and corporations accountable to the people, to let the people know about what is going on. Journalists, and a free press in general, are likewise very important as well, and the second we lose a free press, that’s the second we’ve lost our freedom. The media are being used by the powers that be to influence public opinion. After all, to quote Juice Rap News: “If it’s not on “the News”, it didn’t happen, right?”
Last week I read an article about the plan by the National Police of the Netherlands to connect all CCTV cameras to the national camera network which is operated by the police. The upper echelon of the Dutch police is currently secretly writing their policy document entitled Sensing, in which the definite plans will be written out in further detail. It would be interesting to know the contents of this secret report, since I’m pretty sure all the standard, same old arguments about why this should be implemented will be brought to the table again. They will probably say that it’ll prevent crime and deter hoodlums, etcetera. We’ve read the arguments for it again and again, but fact of the matter is that more cameras doesn’t mean less crime, CCTV cameras have never stopped criminals from committing a crime, they are ineffective, and it’s an invasion to our privacy, especially when it’s all connected into a single, nation-wide network, recording all our movements. It’s the Panopticon! This then gets stored indefinitely, because governments the world over only remember the ‘delete’ command (‘rm -rf’ if you will) when it’s in their interest to delete stuff. All other stuff (like these camera images, but also information stored by our various intelligence agencies, financial information, the sites you visit, your e-mail, call records, medical records, etcetera) never gets deleted. That’s why the NSA is building their new data-bunker in Bluffdale, Utah, to create more storage space so they get to keep storing all kinds of data about our lives that goes over a wire. And our intelligence agencies are all in on it. Dutch Home Office Minister Ronald Plasterk had a bit of a row with parliament, with MPs being angry about a tiny parliamentary technicality, namely that Plasterk lied to them, claiming the NSA collected metadata on 1.8 million phone calls in the Netherlands, while it was in fact our own intelligence service, the AIVD, doing it. The sad thing of our political system is that they put all the focus on this tiny parliamentary technicality, when they totally forget about the big picture, namely that 1.8 million phone calls were being tapped, and that we should do something about this. 1.8 million is an enormous number for a country of 17 million people. Even more scary is that the parliamentary commission which is supposed to provide oversight over the intelligence community, the Commisie van Toezicht op de Inlichtingen- en Veiligheidsdiensten (CTIVD), also known as Commissie Stiekem, had no knowledge about this, and didn’t know that this was even happening. So much for oversight. The problem with oversight over intelligence agencies is that because of the very nature of these agencies they keep their information a secret, and they can lie to our elected representatives with impunity, and there’s no way to check until someone brave enough to blow the whistle steps forward.
This House Would Call Edward Snowden A Hero: 212 yay, 171 nay
Meanwhile, at an Oxford Union debate last week in Oxford, United Kingdom, the Union passed a motion to call Edward Snowden a hero by 212 votes against 171. It was a lively debate, both from the members of the proposition and the members of the opposition, and I have to side with the proposition, because without people like Snowden, who has given up his previous comfortable life on Hawaii to blow the whistle, the world would have never known about the crimes of the spies. Eventually there comes a point where you’re asked to forget about it! so many times and about such egregious crimes that you can no longer look at yourself in the mirror any more, and something has to be done, the people need to be informed. During the debate I heard the opposition say that Snowden “violated his oath”. This is an argument that popped up again and again in various articles I’ve read in which people vilified Snowden. In fact, he didn’t swear an oath to secrecy, no-one does. He swore an oath to the Constitution of the United States; to uphold the Constitution. He hasn’t violated the Constitution; the U.S. government and the NSA in particular violated it. Yes spies spy, that’s not surprising, but they claim all is done in the name of national security, when it is in fact often corporate espionage that these intelligence agencies engage in. It’s about making sure the lucrative contract goes to Boeing instead of to Airbus; it has nothing to do with national security, but more with corporate profits. And there’s no meaningful oversight whatsoever: these people lie with impunity. That alone is already endangering our very democracies, having people with absolute power without any form of effective oversight is very detrimental and damaging to our very democracies and free societies. Snowden mentioned that whilst working at Booz Allen Hamilton, he had the power to tap everyone, including the President of the United States. And he wasn’t the only one with that kind of security clearance either. In the United States, almost 5 million people have a security clearance, with more than 1.4 million people having access to TOP SECRET documents. Imagine what kind of information the intelligence community has about the private life of the President and his family, and how a less honest person might use that. It would be easy to blackmail the President into doing the spooks’ bidding! And in the United States, more and more tasks that used to be done by government exclusively (like intelligence), is now being done by companies like Booz Allen Hamilton, or Academi (which I like to call: the company previously known as Blackwater USA). This is a very scary development because these companies have profit as their basic motivation. They do not have our best interests at heart. Lord Acton wrote in 1887:
“Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority, still more when you super-add the tendency or the certainty of corruption by authority. There is no worse heresy than that the office sanctifies the holder of it.”
Chelsea Manning Receives Sam Adams Award 2014
Also at the Oxford Union last week, the Sam Adams Associates for Integrity in Intelligence awarded Chelsea Manning their award for the year 2014, meant for people who display extraordinary integrity in intelligence. The group and award was named after Sam Adams, a CIA intelligence analyst, who in 1967 discovered that there were far more Communist forces under arms in Vietnam, roughly twice the number U.S. command in Saigon would admit to. This intelligence revealed that the Pentagon was vastly under-reporting the number of enemy forces. But I digress.. Chelsea Manning revealed, by releasing the Collateral Murder video to WikiLeaks, that U.S. forces were committing war crimes. This showed the crew of a U.S. Apache attack helicopter firing away at unarmed civilians, Reuters journalists, and a father who was bringing his children to school and stopped his van to help one of the Reuters journalists who tried to drag himself onto the curb, heavily wounded. The U.S. forces were yelling like it was some sort of snuff video game, it’s absolutely horrific, and these people should be brought to trial and charged with war crimes and crimes against humanity. Because that’s what it is. Chelsea Manning displayed extraordinary courage in releasing these documents, and rightly deserves this award. Meanwhile, I’m looking forward to the day the U.S. government and the crew of the Apache helicopter in question, are indicted for multiple counts of war crimes and crimes against humanity. At which point the United States will invoke the American Service-Members’ Protection Act (also known as the The Hague Invasion Act). But that’s another story.