Quotulatiousness

June 8, 2014

CANSOFCOM develops habit of secrecy, even for events in the news

Filed under: Cancon, Middle East, Military — Tags: , , , — Nicholas @ 11:56

David Pugliese says CANSOFCOM remains unwilling (or unable) to discuss things that even our allies talk about publicly:

I’m not sure what’s happening at the Canadian Special Operations Forces Command (CANSOFCOM) these days. The command used to be open to the extent it could, particularly on non-classified issues like international exercises. In the old days that would have openly talked about Exercise Eager Lion, the annual exercise in Jordan. This year’s exercise includes countries from five different continents and more than 12,500 participants. The exercise provides multilateral forces with the opportunity to promote cooperation and interoperability among participation forces, build functional capacity, practice crisis management, and enhance readiness, according to Jordan’s military.

I asked CANSOFCOM about the training going on in Jordan (it had been reported by CTV) and was told the command couldn’t talk about it.

But thankfully the U.S. military understands what true OPSEC is about as well as the value of publicity. The article below is from the U.S. military public affairs (by Sgt. Melissa Parrish, with her photos as well).

April 23, 2014

Secret laws and democracy

Filed under: Law, USA — Tags: , , , , — Nicholas @ 08:24

In The Atlantic, Conor Friedersdorf says that a new court ruling may actually force President Obama to disclose the secret law under which he ordered the killing of at least one American citizen:

The Obama Administration has fought for years to hide its legal rationale for killing an American citizen, Anwar al-Awlaki, after putting him on a secret kill list. Citizens have an interest in knowing whether the White House follows the law, especially when the stakes are as high as ending a life without due process. President Obama has fought to ensure his legal reasoning would never be revealed, a precedent that would help future presidents to kill without accountability.

His shortsightedness is breathtaking.

Last year, U.S. District Court Judge Colleen McMahon expressed frustration that, according to her legal analysis, the Freedom of Information Act couldn’t force a disclosure. “I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws,” she wrote, “while keeping the reasons for their conclusions a secret.”

Americans ought to have been alarmed that, according to a federal judge, we’re living in an “Alice in Wonderland” reality where leaders use the law to put themselves beyond the law. But no one paid much attention as The New York Times and the ACLU appealed the decision. On Monday, they won an important victory:

    A federal appeals panel in Manhattan ordered the release… of key portions of a classified Justice Department memorandum that provided the legal justification for the targeted killing of a United States citizen, Anwar al-Awlaki, who intelligence officials contend had joined Al Qaeda and died in a 2011 drone strike in Yemen.

    The unanimous three-judge panel, reversing a lower court decision, said the government had waived its right to keep the analysis secret in light of numerous public statements by administration officials and the Justice Department’s release of a “white paper” offering a detailed analysis of why targeted killings were legal.

February 6, 2014

TAFTA/TTIP – The US is negotiating from a position of unassailable strength

Filed under: Europe, Technology, USA — Tags: , , , , , — Nicholas @ 11:02

At Techdirt, Glyn Moody explains why the EU is insane not to demand that the negotiations with the US government over TAFTA/TTIP be made fully public:

On the one side is the US, on the other, the 28 nations that go to make up the European Union. Because they have differing views on the TAFTA/TTIP negotiations, it’s necessary to pass around many documents conveying information about the current negotiations, and seek to obtain some kind of consensus on future EU proposals and flexibilities.

In the wake of Snowden’s revelations, security will doubtless be much better than during the Copenhagen Summit, when supposedly secret messages were sent using unencrypted emails. But it only needs one weak link in the European Union’s security chain — somebody who forgets to encrypt his or her message, or who leaves it on a system that has been compromised — and the NSA will be able to access that information, and pass it on to the US negotiators, just as it did in Copenhagen.

The key point is that there is a profound information asymmetry in the TAFTA/TTIP talks. Although the spy agencies of the EU countries will doubtless be trying their best to obtain confidential information about US negotiating tactics, it will be much harder than it is for the US to do the same about EU positions. That’s because the NSA is far larger, and far more expert than the EU agencies. GCHQ is probably the nearest in terms of capabilities, but is so closely allied with the NSA in other areas that it probably won’t be trying too hard so as not to annoy its paymaster.

This more or less guarantees that the US will know everything about the EU’s negotiating plans during TAFTA/TTIP, while the EU will remain in the dark about the US intentions. That not only undercuts the European Commission’s argument that releasing documents is not possible because they must remain secret during the negotiations — they won’t be — it also gives the EU a huge incentive to insist on full transparency for the talks. That way, the EU negotiators would be able to see at least some US documents that currently are hidden from them, whereas the US would gain little that it didn’t already know through more dubious means.

January 28, 2014

CETA provisions still secret, even though the deal is agreed

Filed under: Cancon, Economics, Europe — Tags: , , , , — Nicholas @ 10:13

It’s an odd day that I find myself in full agreement with anything the Council of Canadians pushes, but as Glyn Moody explains, this is not the way to get Canadians to buy in to a new trade deal:

Back in November, we reported that the EU and Canada were claiming that “a political agreement” on the key elements of the Canada-EU trade agreement, CETA, had been reached. One of the supposed reasons why the negotiations were being conducted in secret was that it was “obviously” not possible to release texts while talks were still going on — even though that is precisely how WIPO operates. So, now that key parts of the CETA have been agreed upon, presumably the public will finally get to see at least those sections of the text, right? Apparently not, as the Council of Canadians found when it put in a freedom of information request to the Canadian government:

    The federal government has denied an access to information request from the Council of Canadians for the working text of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). The grassroots public advocacy organization is accusing the Conservative government of unnecessarily depriving Canadians of the information they need to pass judgement on CETA, and of any opportunity to alter the deal before it is signed.

    “It’s a new year, but we’re seeing the same old secrecy from the Harper government. How is anyone expected to say yes or no to this EU deal if Ottawa is not prepared to release it publicly before CETA is signed, sealed and delivered?” asks Stuart Trew, trade campaigner with the Council of Canadians. “The Prime Minister is misleading Canadians by claiming the CETA negotiations are the most transparent in Canadian history. A fully redacted copy of the text would be more transparent than this.”

This exposes nicely the dishonesty of governments around the world when they claim that regrettably they “have” to keep texts secret, but will release them just as soon as they can. Here, we have major parts of CETA that have been agreed upon and where there is no need to keep them secret — apart, that is, from the real reason why there is no transparency: because the governments concerned know that once the public find out how they have been let down by their representatives, there will be widespread outrage. In a blatant attempt to stifle democratic debate, it has become standard practice with these trade agreements only to release the texts after they have been passed, and there’s nothing that can be done about it.

January 14, 2014

Noam Chomsky – TPP is an “assault” that furthers corporate “domination”

Filed under: Economics, Government, Pacific, USA — Tags: , , , , , — Nicholas @ 08:59

The Trans-Pacific Partnership (TPP) is perhaps the most secretive “free trade” deal ever negotiated. It’s apparently so important that the details be kept from the electorate that even our elected representatives are not being given much information on what has been discussed or agreed. It’s not just libertarian and free market advocates that find this lack of transparency disturbing, as this piece in the Huffington Post shows:

The Obama administration’s Trans-Pacific Partnership trade deal is an “assault,” on working people intended to further corporate “domination,” according to author and activist Noam Chomsky.

“It’s designed to carry forward the neoliberal project to maximize profit and domination, and to set the working people in the world in competition with one another so as to lower wages to increase insecurity,” Chomsky said during an interview with HuffPost Live.

The Obama administration has been negotiating the TPP pact with 11 other Pacific nations for years. While the deal has not been finalized and much of it has been classified, American corporate interest groups, including the U.S. Chamber of Commerce, have already voiced strong support for the TPP, describing it as a free trade deal that will encourage economic growth. The Office of U.S. Trade Representative has also defended the talks, saying the TPP will include robust regulatory protections. But labor unions and a host of traditionally liberal interest groups, including environmentalists and public health advocates, have sharply criticized the deal.

Chomsky argues that much of the negotiations concern issues outside of what many consider trade, and are focused instead on limiting the activities governments can regulate, imposing new intellectual property standards abroad and boosting corporate political power.

“It’s called free trade, but that’s just a joke,” Chomsky said. “These are extreme, highly protectionist measures designed to undermine freedom of trade. In fact, much of what’s leaked about the TPP indicates that it’s not about trade at all, it’s about investor rights.”

October 11, 2013

Creating an “air gap” for computer security

Filed under: Liberty, Technology — Tags: , , , , — Nicholas @ 12:13

Bruce Schneier explains why you’d want to do this … and how much of a pain it can be to set up and work with:

Since I started working with Snowden’s documents, I have been using a number of tools to try to stay secure from the NSA. The advice I shared included using Tor, preferring certain cryptography over others, and using public-domain encryption wherever possible.

I also recommended using an air gap, which physically isolates a computer or local network of computers from the Internet. (The name comes from the literal gap of air between the computer and the Internet; the word predates wireless networks.)

But this is more complicated than it sounds, and requires explanation.

Since we know that computers connected to the Internet are vulnerable to outside hacking, an air gap should protect against those attacks. There are a lot of systems that use — or should use — air gaps: classified military networks, nuclear power plant controls, medical equipment, avionics, and so on.

Osama Bin Laden used one. I hope human rights organizations in repressive countries are doing the same.

Air gaps might be conceptually simple, but they’re hard to maintain in practice. The truth is that nobody wants a computer that never receives files from the Internet and never sends files out into the Internet. What they want is a computer that’s not directly connected to the Internet, albeit with some secure way of moving files on and off.

He also provides a list of ten rules (or recommendations, I guess) you should follow if you want to set up an air-gapped machine of your own.

October 4, 2013

John Lanchester on the Guardian‘s GCHQ files

Filed under: Britain, Government, Liberty, Media — Tags: , , , , , — Nicholas @ 07:44

Novelist John Lanchester was invited to look at the trove of files the Guardian received from Edward Snowden:

In August, the editor of the Guardian rang me up and asked if I would spend a week in New York, reading the GCHQ files whose UK copy the Guardian was forced to destroy. His suggestion was that it might be worthwhile to look at the material not from a perspective of making news but from that of a novelist with an interest in the way we live now.

I took Alan Rusbridger up on his invitation, after an initial reluctance that was based on two main reasons. The first of them was that I don’t share the instinctive sense felt by many on the left that it is always wrong for states to have secrets. I’d put it more strongly than that: democratic states need spies.

And all’s well in the world and we’re worried over nothing?

My week spent reading things that were never meant to be read by outsiders was, from this point of view, largely reassuring. Most of what GCHQ does is exactly the kind of thing we all want it to do. It takes an interest in places such as the Horn of Africa, Iran, and North Korea; it takes an interest in energy security, nuclear proliferation, and in state-sponsored computer hacking.

There doesn’t seem to be much in the documents about serious crime, for which GCHQ has a surveillance mandate, but it seems that much of this activity is covered by warrants that belong to other branches of the security apparatus. Most of this surveillance is individually targeted: it concerns specific individuals and specific acts (or intentions to act), and as such, it is not the threat.

Few people are saying we don’t need intelligence-gathering organizations like GCHQ, but we do have a right to be concerned about what they are doing when they’re not watching actual, known threats. They have capabilities that we generally thought were just from the pages of James Bond novels or Tom Clancy thrillers … and they use them all the time, not just for keeping tabs on the “bad guys”.

In the case of modern signals intelligence, this is no longer true. Life has changed. It has changed because of the centrality of computers and digital activity to every aspect of modern living. Digital life is central to work: many of us, perhaps most of us, spend most of our working day using a computer. Digital life is central to our leisure: a huge portion of our discretionary activity has a digital component, even things which look like they are irreducibly un-digital, from cycling to cooking.

[…]

As for our relationships and family lives, that has, especially for younger people, become a digital-first activity. Take away Facebook and Twitter, instant messaging and Skype and YouTube, and then — it’s hard to imagine, but try — take away the mobile phone, and see the yawning gap where all human interaction used to take place. About the only time we don’t use computers is when we’re asleep — that’s unless we have a gadget that tracks our sleep, or monitors our house temperature, or our burglar alarm, or whatever.

This is the central point about what our spies and security services can now do. They can, for the first time, monitor everything about us, and they can do so with a few clicks of a mouse and — to placate the lawyers — a drop-down menu of justifications.

Looking at the GCHQ papers, it is clear that there is an ambition to get access to everything digital. That’s what engineers do: they seek new capabilities. When it applies to the people who wish us harm, that’s fair enough. Take a hypothetical, but maybe not unthinkable, ability to eavesdrop on any room via an electrical socket. From the GCHQ engineers’ point of view, they would do that if they could. And there are a few people out there on whom it would be useful to be able to eavesdrop via an electrical socket. But the price of doing so would be a society that really did have total surveillance. Would it be worth it? Is the risk worth the intrusion?

That example might sound far-fetched, but trust me, it isn’t quite as far fetched as all that, and the basic intention on the part of the GCHQ engineers — to get everything — is there.

September 21, 2013

Justin Amash on congressional classified briefings

Filed under: Bureaucracy, Government, USA — Tags: , , , , — Nicholas @ 10:01

In The Atlantic, Garance Franke-Ruta has transcribed some of Representative Justin Amash’s comments on the ins-and-outs of confidential briefings offered to congressmen:

Amash, who has previously butted heads with Intelligence Committee Chairman Mike Rogers and ranking member Dutch Ruppersberger over access to classified documents, recounted what happened during remarks before libertarian activists attending the Liberty Political Action Conference in Chantilly, Virginia, Thursday night. I quote his anecdote in full here, because it’s interesting to hear what it feels like to be one of the activist congressmen trying to rein in National Security Agency surveillance:

    What you hear from the intelligence committees, from the chairmen of the intelligence committees, is that members can come to classified briefings and they can ask whatever questions they want. But if you’ve actually been to one of these classified briefings — which none of you have, but I have — what you discover is that it’s just a game of 20 questions.

    You ask a question and if you don’t ask it exactly the right way you don’t get the right answer. So if you use the wrong pronoun, or if you talk about one agency but actually another agency is doing it, they won’t tell you. They’ll just tell you, no that’s not happening. They don’t correct you and say here’s what is happening.

    So you actually have to go from meeting to meeting, to hearing to hearing, asking asking questions — sometimes ridiculous questions — just to get an answer. So this idea that you can just ask, just come into a classified briefing and ask questions and get answers is ridiculous.

    If the government — in an extreme hypothetical, let’s say they had a base on the moon. If I don’t know that there’s a base on the moon, I’m not going to go into the briefing and say you have a moonbase. Right? [Audience laughs.] If they have a talking bear or something, I’m not going to say, ‘You guys, you didn’t engineer the talking bear.’

    You’re not going to ask questions about things you don’t know about. The point of the Intelligence Committee is to provide oversight to Congress and every single member of Congress needs information. Each person in Congress represents about 700,000 people. It’s not acceptable to say, ‘Well, the Intelligence Committees get the information, we don’t need to share with the rest of Congress.’ The Intelligence Committee is not one of the branches of government, but that’s how it’s being treated over and over again.

September 10, 2013

Generational change is the Achilles heel of government secrecy

Filed under: Bureaucracy, Government, USA — Tags: , , , , , — Nicholas @ 10:23

Bruce Schneier explains why we should expect more whistleblowers in coming years:

Big-government secrets require a lot of secret-keepers. As of October 2012, almost 5m people in the US have security clearances, with 1.4m at the top-secret level or higher, according to the Office of the Director of National Intelligence.

Most of these people do not have access to as much information as Edward Snowden, the former National Security Agency contractor turned leaker, or even Chelsea Manning, the former US army soldier previously known as Bradley who was convicted for giving material to WikiLeaks. But a lot of them do — and that may prove the Achilles heel of government. Keeping secrets is an act of loyalty as much as anything else, and that sort of loyalty is becoming harder to find in the younger generations. If the NSA and other intelligence bodies are going to survive in their present form, they are going to have to figure out how to reduce the number of secrets.

As the writer Charles Stross has explained, the old way of keeping intelligence secrets was to make it part of a life-long culture. The intelligence world would recruit people early in their careers and give them jobs for life. It was a private club, one filled with code words and secret knowledge.

[…]

Whistleblowing is the civil disobedience of the information age. It is a way that someone without power can make a difference. And in the information age — the fact that everything is stored on computers and potentially accessible with a few keystrokes and mouse clicks — whistleblowing is easier than ever.

Mr Snowden is 30 years old; Manning 25. They are members of the generation we taught not to expect anything long-term from their employers. As such, employers should not expect anything long-term from them. It is still hard to be a whistleblower, but for this generation it is a whole lot easier.

September 7, 2013

TPP negotiators actively concealing their tracks

Filed under: Economics, Government, USA — Tags: , , , — Nicholas @ 09:34

The EFF on the now even-more-secret negotiations for the Trans-Pacific Partnership treaty:

This week, trade delegates met in San Francisco to discuss the Trans-Pacific Partnership (TPP) agreement’s e-commerce chapter. It’s likely that this secret chapter carries provisions that whittle away at user data protections. But we weren’t able to say so at this meeting. Not only have they neglected to notify digital rights groups — including EFF, which is based in San Francisco — about the meeting, we could not even discover where it was taking place.

Delegates from TPP countries are right now holding these secretive “inter-sessional” meetings here and in other undisclosed cities around the world. Trade reps for specific issue areas are hammering out “unresolved” issues that are holding up the conclusion of the agreement, and doing so by becoming even more secretive and evasive than ever.

We only heard about a TPP meeting on intellectual property in Mexico City in September through the diplomatic rumor-mill, since the US Trade Rep is no longer bothering to announce the dates or locations of these closed-door side meetings. During this round in Mexico, countries that have been resistant to U.S. demands to sign onto highly restrictive copyright enforcement standards may ultimately be strong-armed into doing so.

It’s probably safe to assume that the reason they’ve become so secretive is that they don’t want any of us to know what they’re doing until it’s a fait accompli and we can’t do anything about it. That’s how much they trust us.

September 6, 2013

Bruce Schneier on taking back the internet

Filed under: Liberty, Technology, USA — Tags: , , , , — Nicholas @ 08:51

From his article in yesterday’s Guardian:

This is not the internet the world needs, or the internet its creators envisioned. We need to take it back.

And by we, I mean the engineering community.

Yes, this is primarily a political problem, a policy matter that requires political intervention.

But this is also an engineering problem, and there are several things engineers can — and should — do.

One, we should expose. If you do not have a security clearance, and if you have not received a National Security Letter, you are not bound by a federal confidentially requirements or a gag order. If you have been contacted by the NSA to subvert a product or protocol, you need to come forward with your story. Your employer obligations don’t cover illegal or unethical activity. If you work with classified data and are truly brave, expose what you know. We need whistleblowers.

We need to know how exactly how the NSA and other agencies are subverting routers, switches, the internet backbone, encryption technologies and cloud systems. I already have five stories from people like you, and I’ve just started collecting. I want 50. There’s safety in numbers, and this form of civil disobedience is the moral thing to do.

Two, we can design. We need to figure out how to re-engineer the internet to prevent this kind of wholesale spying. We need new techniques to prevent communications intermediaries from leaking private information.

We can make surveillance expensive again. In particular, we need open protocols, open implementations, open systems — these will be harder for the NSA to subvert.

The Internet Engineering Task Force, the group that defines the standards that make the internet run, has a meeting planned for early November in Vancouver. This group needs to dedicate its next meeting to this task. This is an emergency, and demands an emergency response.

Update: Glenn Greenwald retweeted this, saying it was “not really hard for a rational person to understand why this is newsworthy”.

September 1, 2013

India moves government email away from US-based email services

Filed under: Government, India, Technology, USA — Tags: , , , , — Nicholas @ 09:13

Vinay Mandalia discusses the quite rational response of the Indian government to the recent discovery that the US intelligence services have had full access to all email communications hosted on US email services:

The Government of India is planning to ban the use of US based email services like Gmail for official communications and is soon going to send out a formal notification to its half a million officials across the country asking them to use official email addresses and services provided by National Informatics Centre.

The move is intended to increase the security of confidential government data and information after it was revealed earlier that NSA may be involved in widespread spying and surveillance activities across the globe.

In a statement to reporters here J. Satyanarayana, secretary in the department of electronics and information technology, said that data of Indian citizens using US based email services like Gmail is residing on servers which are located outside India and for now the government is concerned about the large amount of official and critical data that may be resident on those servers.

Expect a lot of other US “allies” to suddenly discover that their internal communications have been an open book to their “friends” for the last 10-20 years and decide to take similar measures.

H/T to Techdirt for the link.

August 30, 2013

Trade negotiations are so secret that MPs are denied access to the information

Filed under: Cancon, Economics, USA — Tags: , , , , , — Nicholas @ 08:55

Techdirt‘s Mike Masnick says that even congressmen have (limited) access to ongoing Trans-Pacific Partnership negotiation documents, but that even the NDP’s trade critic can’t get that level of information here:

Don Davies is a Canadian Member of Parliament who notes that he’s been denied access to information about the ongoing TPP negotiations, of which Canada is supposedly a member:

    “The TPP is a sweeping agreement covering issues that affect many areas of Canada’s economy and society — including several areas of policy that have never been subject to trade agreements before,” said Davies. “By keeping Parliament completely in the dark on negotiations the Conservatives also leave Canadians in the dark and, for an agreement of this magnitude that is abnormal and unacceptable.

    “If the US can allow its legislators to see the TPP text, there is no reason that Canada can’t,” Davies said.

In this case, it’s doubly ridiculous. Davies is a member of the NDP party, which is not in power, but his role is as the Official Opposition Critic for International Trade. In other words, he’s basically the trade policy expert for the NDP, and as such, you’d think he should at the very least be included in the details of ongoing negotiations. Yet again, though, it seems that the main negotiating parties involved in the TPP have realized that the best way to get across an agreement they like is to keep it as secretive and non-transparent as possible, especially from critics. This is the exact opposite of how democratic governments are supposed to work.

Of course, the addition of Canada to the TPP has always been done in a way to keep our neighbor up north as a silent partner to the US’s position. You may recall that the US didn’t let Canada join until well into the negotiating process, and as part of the invite, Canada was told that it had to accept all negotiated text without question, even though it wasn’t allowed to see it yet. And, related to that, they had to agree to future texts during some meetings where they weren’t allowed to attend.

August 20, 2013

“You’ve had your debate. There’s no need to write any more.”

Filed under: Britain, Law, Liberty, Media — Tags: , , , , , — Nicholas @ 10:29

Things are getting surreal at the Guardian:

A little over two months ago I was contacted by a very senior government official claiming to represent the views of the prime minister. There followed two meetings in which he demanded the return or destruction of all the material we were working on. The tone was steely, if cordial, but there was an implicit threat that others within government and Whitehall favoured a far more draconian approach.

The mood toughened just over a month ago, when I received a phone call from the centre of government telling me: “You’ve had your fun. Now we want the stuff back.” There followed further meetings with shadowy Whitehall figures. The demand was the same: hand the Snowden material back or destroy it. I explained that we could not research and report on this subject if we complied with this request. The man from Whitehall looked mystified. “You’ve had your debate. There’s no need to write any more.”

During one of these meetings I asked directly whether the government would move to close down the Guardian‘s reporting through a legal route — by going to court to force the surrender of the material on which we were working. The official confirmed that, in the absence of handover or destruction, this was indeed the government’s intention. Prior restraint, near impossible in the US, was now explicitly and imminently on the table in the UK. But my experience over WikiLeaks — the thumb drive and the first amendment — had already prepared me for this moment. I explained to the man from Whitehall about the nature of international collaborations and the way in which, these days, media organisations could take advantage of the most permissive legal environments. Bluntly, we did not have to do our reporting from London. Already most of the NSA stories were being reported and edited out of New York. And had it occurred to him that Greenwald lived in Brazil?

The man was unmoved. And so one of the more bizarre moments in the Guardian‘s long history occurred — with two GCHQ security experts overseeing the destruction of hard drives in the Guardian‘s basement just to make sure there was nothing in the mangled bits of metal which could possibly be of any interest to passing Chinese agents. “We can call off the black helicopters,” joked one as we swept up the remains of a MacBook Pro.

Update: Charlie Beckett at the LSE’s Polis blog:

The narrative of increasing totalitarian persecution has a few flaws. Firstly, I think it was entirely reasonable for security forces to question someone linked to security breaches. I just think that doing it under terror laws was wrong, especially as Miranda is part of a journalism team.

I am still a little unsure of the Greenwald/Guardian narrative. I am puzzled by why the team chose to fly Miranda through London at all. I am also unclear as to why the Guardian let security officials smash up their hard-drives without making them go down a legal path.* [Someone with more profound doubts about the Guardian and Greenwald is former Tory MP Louise Mensch — good piece by her here]

But those are details. Overall, it’s clear that US and UK officials, long-tortured by WikiLeaks and Julian Assange, are now losing patience with whistle-blowers and their accomplices in the news media. Whatever the absolute truth of the NSA/PRISM revelations it is clear that the security service are pushing the boundaries on what they can do with new technologies to increase their information and surveillance. They are also seeking to reduce scrutiny by journalists, as they told Rusbridger:

    “You’ve had your debate. There’s no need to write any more.”

That in itself may be worrying but it’s hardly surprising. That is what they are there for. We would all be very cross if there was an act of terror missed because of inadequate data collection by spooks or if a press leak endangered our safety. But it’s also journalism’s job to hold these people to account and let the public know the scope of what they are up to. That’s what worries me about the Miranda incident.

August 19, 2013

Glenn Greenwald’s partner detained by UK authorities

Filed under: Britain, Government, Media — Tags: , , , , , — Nicholas @ 08:49

The British government sends a message:

The partner of the Guardian journalist who has written a series of stories revealing mass surveillance programmes by the US National Security Agency was held for almost nine hours on Sunday by UK authorities as he passed through London’s Heathrow airport on his way home to Rio de Janeiro.

David Miranda, who lives with Glenn Greenwald, was returning from a trip to Berlin when he was stopped by officers at 8.05am and informed that he was to be questioned under schedule 7 of the Terrorism Act 2000. The controversial law, which applies only at airports, ports and border areas, allows officers to stop, search, question and detain individuals.

The 28-year-old was held for nine hours, the maximum the law allows before officers must release or formally arrest the individual. According to official figures, most examinations under schedule 7 — over 97% — last less than an hour, and only one in 2,000 people detained are kept for more than six hours.

Miranda was released, but officials confiscated electronics equipment including his mobile phone, laptop, camera, memory sticks, DVDs and games consoles.

Since 5 June, Greenwald has written a series of stories revealing the NSA’s electronic surveillance programmes, detailed in thousands of files passed to him by whistleblower Edward Snowden. The Guardian has also published a number of stories about blanket electronic surveillance by Britain’s GCHQ, also based on documents from Snowden.

Update: The opposition Labour party calls for an investigation into this use of anti-terrorism legislation (but as Charles Stross point out … they passed the laws themselves).

Labour has called for an urgent investigation into the use of anti-terror powers to detain David Miranda, the partner of a Guardian journalist who interviewed US National Security Agency whistleblower Edward Snowden.

Yvette Cooper, the shadow home secretary, said ministers must find out whether anti-terror laws had been “misused”, after Miranda was held for nine hours by authorities at Heathrow airport under the Terrorism Act.

His detention has caused “considerable consternation” and the Home Office must explain how this can be justified as appropriate and proportionate, she said.

[…]

“The independent reviewer of terrorism legislation, David Anderson, has already warned of the importance of using schedule 7 of the Terrorism Act appropriately and proportionately. The purpose of schedule 7 is to determine whether or not someone is involved in or associated with terror activity. The Home Office and police need to explain rapidly how they can justify using that purpose under the terrorism legislation to detain David Miranda for nine hours. This has caused considerable consternation and swift answers are needed.

“The police and security agencies rightly work hard to protect national security and prevent terrorism. But public confidence in security powers depends on them being used proportionately within the law, and also on having independent checks and balances in place to prevent misuse.”

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