Category Archives: Policy

The Panama Papers: Dirty Money or Dirty Media?

Panama PapersOn 3 April 2016, the first few of the so-called Panama Papers were published by mainstream media across the West. The Panama Papers are a collection of allegedly 2.6 TB of data and documents by and related to Mossack Fonseca, a Panamanian law firm providing offshore trust services.

The leak, given by an anonymous whistle-blower to Bastian Obermayer of the German Süddeutsche Zeitung, consists of 11.5 million documents created between the 1970s and late 2015 by Mossack Fonseca. A consortium of journalists, the International Consortium of Investigative Journalists (ICIJ) subsequently organised the research and review of the documents.

These documents allegedly provide proof of the rich and powerful in the world storing their massive stashes of money in tax havens across the world like the British Virgin Islands (BVI), Guernsey, The Netherlands, etc. This practice is called tax avoidance, and is usually not illegal. It is highly questionable from a moral standpoint though. Billions of euros or dollars flow through thousands of shell companies that provide no benefit to society in terms of services, goods and employment. And the country of residence of the billionaire in question doesn’t receive tax income which could be put to better use to improve society rather than sit on an anonymous bank account on the Cayman Islands.

Media Bias

Putin_mediaOne of the first things that struck me as odd, but that is sadly no longer surprising, was the incredibly one-sided reporting done on this by the media. On 3 April, lots of articles appeared about the Panama Papers, and they strongly implied that President Putin of Russia was mentioned in these documents. Even though Putin was not mentioned in the few actual documents released to this point, the mainstream media strongly implied (by using photographs depicting Putin, for instance), that Putin is personally involved with the arrangements mentioned in the documents by Mossack Fonseca. The BBC Panorama documentary entitled “Tax Havens of the Rich and Powerful Exposed” is also strongly biased in their editing, showing documents on-screen for only a few nanoseconds behind an unclear background. When you stop the video and zoom in you can clearly see that the documents shown are from the British Virgin Islands, while this British overseas territory is not mentioned even once in the documentary itself, while they are droning on about Putin and the Icelandic former Prime Minister Gunnlaugsson.

Why this massive media bias? Why is it necessary to remind us that leaders from countries like Russia, China, Zimbabwe, North Korea, Syria etc. are corrupt? We know that. That is not news. What would be news is to reveal hard evidence that Western billionaires like George Soros are just as corrupt, and worse, that they influence politics and world affairs using their massive stashes of money.

The reason why the bias is so strong is partly due to the methodology used, and partly because of other interests. The Süddeutsche Zeitung gives a detailed explanation on how these documents were searched for interesting titbits. One of the things they did is focus on countries that may be violating UN sanctions, which might explain in part why the bias is on non-Western countries as it is. Also note that these documents only come from one law firm in Panama. If there would be another leak from, say, a law firm on the BVI, then we might find other people involved.

As Craig Murray, former UK Ambassador to Uzbekistan has written, Western journalists, the corporate media gatekeepers, are withholding the vast majority of the actual documents from the public. If we truly want to know what the impact of the Panama Papers is, without spin from the media, we should have access to the actual raw documents. Raw docs or it doesn’t exist, so to speak. If you don’t release 99% of the documents, you’re engaged in 1% journalism by definition. This is why I like the work that WikiLeaks is doing. They work very hard to publish the original source documents responsibly so that we can all learn how the world works from the original and authoritative source material. And then all journalists can read these documents on an equal standing. It’s been a pet-peeve of mine for many years that mainstream media don’t link to their sources like bloggers do. If a story is clearly based on documents like in this case the Panama Papers, just release the source documents together with your explanatory articles. Why is this such a problem?

Or are the journalists who have access to these documents afraid of possible blow-back if they report on the hand that feeds them?

Who is funding this?

Because that is the big elephant in the room. Who could be funding this propaganda extravaganza? Let’s have a look at the ICIJ’s site shall we?

Soros

George Soros at the Festival of Economics 2012, Trento. Photo by Niccolò Caranti.

The International Consortium of Investigative Journalists is based in Washington, D.C, and is a project of the Center for Public Integrity. There, on the funding page, you can read that amongst the big institutional funders are names like the Omidyar Network (Pierre Omidyar, owner of The Intercept and founder of eBay), the Open Society Foundations (George Soros), the W.K. Kellogg Foundation, the Rockefellers, The Democracy Fund (again: Omidyar), and many others.

The OCCRP (Organized Crime and Corruption USAIDReporting Project) is also heavily involved with the Panama Papers project, and is sponsored, by (again) the Open Society Institute of George Soros, and also USAID, which is a US government agency and front organisation posing as a charity and frequently used as an instrument of regime change.

Is it strange that which such backers the very first news reports that came out were so incredibly biased? Given how much the US administration would like to see regime change in Russia, are these reports bashing the Russian President a surprise? No, sadly, I’m not surprised any more. What I find despicable, is that so many journalists who worked on this, like to think of themselves as independent and the ultimate arbiters of truth, when evidently, they are not.

Why are there not reports about the vast amount of wealth stashed away in tax havens by George Soros? Mark Zuckerberg? Warren Buffet? The journalists sacrificed a token Western leader like Gunnlaugsson from Iceland, so they can claim to be bias-free (“look, we’re also publishing on Western leaders!”), while in reality, their entire enterprise is funded by the rich and powerful in the West. So I think I can quite confidently predict that for instance George Soros’s financial arrangements in various tax havens will not be published. Mark my words.

The TTIP Tragedy

europeYesterday, 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

ttip-2One 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?

nsaRecently, 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?

verhofstadt_van_baalenWe 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

ostrakon

An Ancient Greek ὄστρακον (ostrakon), mentioning Megacles, son of Hippocrates (inscription: ΜΕΓΑΚΛΕΣ ΗΙΠΠΟΚΡΑΤΟΣ), 487 BC. In the ancient Athenian democracy, ὄστρακον were pieces of discarded pottery that people would scratch a name into to cast their vote of who to banish from the city.

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.

Dutch Data Retention Law Struck Down

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.

An English article by the Dutch Bits of Freedom foundation explains it in more detail here. An unofficial translation of the court’s decision in English can be found here.

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.

With Politicians Like These, Who Needs Terrorists?

The text on the cover says: "Love is stronger than hate."

The text on the cover says: “Love is stronger than hate.”

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:

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.

The Ukrainian Veto: Why The MH17 Report Will Not Reveal The Truth

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:

Veto_Australia_Ukraine_MH17Later, 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.”

(emphasis mine)

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.

geweigerd

Unanswered Questions

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.

Dutch Intelligence Agencies AIVD/MIVD go TEMPORA

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.

outline_dutch_intercept_network

An outline of the new Dutch interception framework. Click for larger version. Official document in Dutch can be found here.

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.

Maccari-CiceroNow 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.

Afraid of Contrary Opinions? Peace Activist and Former CIA Analyst Ray McGovern Brutally Arrested Before Attending Talk Petraeus in NYC

Ray McGovern

Ray McGovern

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.

Clinton Incident

Ray McGovern at GWU

Ray McGovern Heavy-Handedly Being Dragged Out Of Auditorium at GWU.

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

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!

Privacy in danger, but there’s light at end of the tunnel

Note: This article is also available in Portuguese, translated by Anders Bateva.

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. SurveillanceThe 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

Edward SnowdenMeanwhile, 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.. Collateral MurderChelsea 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.

The Rising Trend of Criminalizing Hackers & Tinkerers

Note: This article is also available in Portuguese, translated by Anders Bateva.

There seems to be a rising trend of criminalizing hackers & tinkerers. More and more, people who explore the limits of the equipment, hardware and software they own and use, whether they tinker with it, re-purpose it, or expand its functionalities, are met with unrelenting persecution by authorities. In the last couple of years, the trend seems to be that these things, or things which humans have done for thousands of years, like sharing, expanding and improving upon culture, are persecuted. An example is the recent possibility of making violations of Terms of Service, Terms of Use and other Terms put forward by service providers a crime under the Computer Fraud and Abuse Act (CFAA). The companies that are now (for the most part) in control of our collective culture are limiting the methods of sharing more and more, often through judicial and/or technical means. The technical means for the most part don’t work, thankfully. DRM is still a big failure and never got off the ground, although the content industry is still trying to cling onto it. The judicial means, however, can be very effective at crushing someone, especially in the litigious United States of America. In the U.S., about 95% of all criminal cases end in a plea bargain, because that’s cheaper than trial by jury. These people are forced by financial pressure to enter a plea bargain, even if they didn’t commit the crimes of which they are accused.

Aaron SwartzAaron Swartz

The late Aaron Swartz was persecuted heavily by the U.S. government for downloading millions of scientific articles from JSTOR at MIT, JSTOR being the closed-source library of scientific articles, access to which is commercially exploited by ITHAKA, the entity that runs it. Aaron believed that scientific research paid for by the public, should be available to the public for free. It’s completely logical that research paid for by the public belongs to the public, and not to some company which basically is saying: “Thank you very much, we’ll have that, now we are going to charge for access to the scientific results, and reap the financial benefits.” It is sad that the world lost a great hacker and tinkerer, committing suicide, only 26 years old, unable to bear the pressure brought down upon him any longer, when in the end, according to his lawyer Elliot Peters, he probably would have won the case due to the fact that the U.S. Secret Service failed to get a search warrant for Swartz’s laptop until 34 days after they seized it.

The corporate world is seizing control of content creation

This trend is seen more and more lately. The companies in control of most of our content production, devices and systems don’t want you to tinker with them, not even if you own them. Apple is closing their systems by soon preventing you from installing your own software on OS X. Software installs will soon only be permitted through the Apple-curated App Store. Already there’s software in OS X, called Gatekeeper that’s meant to prevent you from installing apps that might contain malware. If you read between the lines in that previous link you’ll see that it’s only a matter of time before they’re going to tighten the reins, and make Gatekeeper more oppressive. Google is rapidly closing Android, and moving more and more parts of the once open-source system to its own Google Play Services app. Check the permissions on that app; it’s incredibly scary just how much of the system is now locked up in this closed-source binary blob, and how little the actual android system now handles. Recently, text messaging functionality was moved from the Android OS to the Google Hangouts app, so texting with an Android 4.4 (KitKat)-equipped phone is no longer possible without a Google account and being logged into that. Of course, Google will store all your text messages, for easy access by American intelligence and law enforcement agencies. If you now were to install Android, and remove the Google Play Services app, you might be surprised at how much stuff depends on that app nowadays. When you remove Google Play Services, your phone basically becomes a non-functional plastic brick. These companies fail to see that any invention is made by standing on the shoulders of giants and working upon other people’s work, making it better, tinkering and modifying it, using it for other purposes not envisioned by the original author et cetera. This is what makes culture, this is what makes us. We are fundamentally social creatures, we share. The same implementation of control systems happens with e-books as well. The devices used to read them usually aren’t open, like the Amazon Kindle for example, so that is a problem. We humans have been sharing culture for millions of years and sharing books for thousands of years, basically since writing was invented in Mesopotamia. It is as natural to human development as breathing. We are social creatures, and we thrive on feedback from our peers. But there’s something worse going on in e-book land. In the Netherlands, all e-book purchases now have to be stored in a database called Centraal Boekhuis, which details all buyer information, and this central database will be easily accessible by Stichting BREIN, the country’s main anti-piracy & content industry lobby club. This was ostensibly done to prevent e-book piracy, but I would imagine that this database soon will be of interest to intelligence agencies. Think of it: a centralized database containing almost all books and which people read which books. You can learn a lot about a person just from the books they read. Joseph Stalin and Erich Honecker would be proud. We reached a high water mark of society after the adoption of the Universal Declaration of Human Rights at the UN General Assembly on 10 December 1948, but it’s sad to see that here in the Western world, we’ve been slipping from that high pillar of decency and humanity ever since. To quote V from V for Vendetta:

“Where once you had the freedom to object, to think and speak as you saw fit, we now have censors and systems of surveillance coercing your conformity and soliciting your submission.”

The surveillance is now far worse than what George Orwell could have possibly imagined. We need to remind the spooks and control freaks in governments around the world that Nineteen Eighty-Four is not an instruction manual. It was a warning. And we’ve ignored it so far.