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Showing posts with label wikileaks. Show all posts
Showing posts with label wikileaks. Show all posts

Sunday 23 November 2014

Hell Hath No Fury Like a Great Power Scorned

John Pilger

The siege of Knightsbridge is a farce. For two years, an exaggerated, costly police presence around the Ecuadorean embassy in London has served no purpose other than to flaunt the power of the state. Their quarry is an Australian charged with no crime, a refugee from gross injustice whose only security is the room given him by a brave South American country. His true crime is to have initiated a wave of truth-telling in an era of lies, cynicism and war.

The persecution of Julian Assange must end. Even the British government clearly believes it must end. On 28 October, the deputy foreign minister, Hugo Swire, told Parliament he would “actively welcome” the Swedish prosecutor in London and “we would do absolutely everything to facilitate that”. The tone was impatient.

The Swedish prosecutor, Marianne Ny, has refused to come to London to question Assange about allegations of sexual misconduct in Stockholm in 2010—even though Swedish law allows for it and the procedure is routine for Sweden and the UK. The documentary evidence of a threat to Assange’s life and freedom from the United States—should he leave the embassy—is overwhelming. On May 14 this year, US court files revealed that a “multi subject investigation” against Assange was “active and ongoing”.

Ny has never properly explained why she will not come to London, just as the Swedish authorities have never explained why they refuse to give Assange a guarantee that they will not extradite him on to the US under a secret arrangement agreed between Stockholm and Washington. In December 2010, the Independent revealed that the two governments had discussed his onward extradition to the US before the European Arrest Warrant was issued.

Perhaps an explanation is that, contrary to its reputation as a liberal bastion, Sweden has drawn so close to Washington that it has allowed secret CIA “renditions”—including the illegal deportation of refugees. The rendition and subsequent torture of two Egyptian political refugees in 2001 was condemned by the UN Committee against Torture, Amnesty International and Human Rights Watch; the complicity and duplicity of the Swedish state are documented in successful civil litigation and WikiLeaks cables. In the summer of 2010, Assange had been in Sweden to talk about WikiLeaks revelations of the war in Afghanistan—in which Sweden had forces under US command.

The Americans are pursuing Assange because WikiLeaks exposed their epic crimes in Afghanistan and Iraq: the wholesale killing of tens of thousands of civilians, which they covered up; and their contempt for sovereignty and international law, as demonstrated vividly in their leaked diplomatic cables.

For his part in disclosing how US soldiers murdered Afghan and Iraqi civilians, the heroic soldier Bradley (now Chelsea) Manning received a sentence of 35 years, having been held for more than a thousand days in conditions which, according to the UN Special Rapporteur, amounted to torture.

Few doubt that should the US get their hands on Assange, a similar fate awaits him. Threats of capture and assassination became the currency of the political extremes in the US following Vice-President Joe Biden’s preposterous slur that Assange was a “cyber-terrorist”. Anyone doubting the kind of US ruthlessness he can expect should remember the forcing down of the Bolivian president’s plane last year—wrongly believed to be carrying Edward Snowden.

According to documents released by Snowden, Assange is on a “Manhunt target list”. Washington’s bid to get him, say Australian diplomatic cables, is “unprecedented in scale and nature”. In Alexandria, Virginia, a secret grand jury has spent four years attempting to contrive a crime for which Assange can be prosecuted. This is not easy. The First Amendment to the US Constitution protects publishers, journalists and whistleblowers. As a presidential candidate in 2008, Barack Obama lauded whistleblowers as “part of a healthy democracy [and they] must be protected from reprisal”. Under President Obama, more whistleblowers have been prosecuted than under all other US presidents combined. Even before the verdict was announced in the trial of Chelsea Manning, Obama had pronounced the whistleblower guilty.

“Documents released by WikiLeaks since Assange moved to England,” wrote Al Burke, editor of the online Nordic News Network, an authority on the multiple twists and dangers facing Assange, “clearly indicate that Sweden has consistently submitted to pressure from the United States in matters relating to civil rights. There is every reason for concern that if Assange were to be taken into custody by Swedish authorities, he could be turned over to the United States without due consideration of his legal rights.”

There are signs that the Swedish public and legal community do not support prosecutor’s Marianne Ny’s intransigence. Once implacably hostile to Assange, the Swedish press has published headlines such as: “Go to London, for God’s sake.”

Why won’t she? More to the point, why won’t she allow the Swedish court access to hundreds of SMS messages that the police extracted from the phone of one of the two women involved in the misconduct allegations? Why won’t she hand them over to Assange’s Swedish lawyers? She says she is not legally required to do so until a formal charge is laid and she has questioned him. Then, why doesn’t she question him?

This week, the Swedish Court of Appeal will decide whether to order Ny to hand over the SMS messages; or the matter will go to the Supreme Court and the European Court of Justice. In high farce, Assange’s Swedish lawyers have been allowed only to “review” the SMS messages, which they had to memorise.

One of the women’s messages makes clear that she did not want any charges brought against Assange, “but the police were keen on getting a hold on him”. She was “shocked” when they arrested him because she only “wanted him to take [an HIV] test”. She “did not want to accuse JA of anything” and “it was the police who made up the charges”. (In a witness statement, she is quoted as saying that she had been “railroaded by police and others around her”.)
Neither woman claimed she had been raped. Indeed, both have denied they were raped and one of them has since tweeted, “I have not been raped.” That they were manipulated by police and their wishes ignored is evident—whatever their lawyers might say now. Certainly, they are victims of a saga worthy of Kafka.

For Assange, his only trial has been trial by media. On 20 August 2010, the Swedish police opened a “rape investigation” and immediately—and unlawfully—told the Stockholm tabloids that there was a warrant for Assange’s arrest for the “rape of two women”. This was the news that went round the world.

In Washington, a smiling US Defence Secretary Robert Gates told reporters that the arrest “sounds like good news to me”. Twitter accounts associated with the Pentagon described Assange as a “rapist” and a “fugitive”.

Less than 24 hours later, the Stockholm Chief Prosecutor, Eva Finne, took over the investigation. She wasted no time in cancelling the arrest warrant, saying, “I don’t believe there is any reason to suspect that he has committed rape.” Four days later, she dismissed the rape investigation altogether, saying, “There is no suspicion of any crime whatsoever.” The file was closed.

Enter Claes Borgstrom, a high profile politician in the Social Democratic Party then standing as a candidate in Sweden’s imminent general election. Within days of the chief prosecutor’s dismissal of the case, Borgstrom, a lawyer, announced to the media that he was representing the two women and had sought a different prosecutor in the city of Gothenberg. This was Marianne Ny, whom Borgstrom knew well. She, too, was involved with the Social Democrats.

On 30 August, Assange attended a police station in Stockholm voluntarily and answered all the questions put to him. He understood that was the end of the matter. Two days later, Ny announced she was re-opening the case. Borgstrom was asked by a Swedish reporter why the case was proceeding when it had already been dismissed, citing one of the women as saying she had not been raped. He replied, “Ah, but she is not a lawyer.” Assange’s Australian barrister, James Catlin, responded, “This is a laughing stock … it’s as if they make it up as they go along.”

On the day Marianne Ny re-activated the case, the head of Sweden’s military intelligence service (“MUST”) publicly denounced WikiLeaks in an article entitled “WikiLeaks [is] a threat to our soldiers.” Assange was warned that the Swedish intelligence service, SAP, had been told by its US counterparts that US-Sweden intelligence-sharing arrangements would be “cut off” if Sweden sheltered him.

For five weeks, Assange waited in Sweden for the new investigation to take its course. The Guardian was then on the brink of publishing the Iraq “War Logs”, based on WikiLeaks’ disclosures, which Assange was to oversee. His lawyer in Stockholm asked Ny if she had any objection to his leaving the country. She said he was free to leave.

Inexplicably, as soon as he left Sweden—at the height of media and public interest in the WikiLeaks disclosures—Ny issued a European Arrest Warrant and an Interpol “red alert” normally used for terrorists and dangerous criminals. Put out in five languages around the world, it ensured a media frenzy.

Assange attended a police station in London, was arrested and spent ten days in Wandsworth Prison, in solitary confinement. Released on £340,000 bail, he was electronically tagged, required to report to police daily and placed under virtual house arrest while his case began its long journey to the Supreme Court. He still had not been charged with any offence. His lawyers repeated his offer to be questioned by Ny in London, pointing out that she had given him permission to leave Sweden. They suggested a special facility at Scotland Yard used for that purpose. She refused.

Katrin Axelsson and Lisa Longstaff of Women Against Rape wrote: “The allegations against [Assange] are a smokescreen behind which a number of governments are trying to clamp down on WikiLeaks for having audaciously revealed to the public their secret planning of wars and occupations with their attendant rape, murder and destruction… The authorities care so little about violence against women that they manipulate rape allegations at will. [Assange] has made it clear he is available for questioning by the Swedish authorities, in Britain or via Skype. Why are they refusing this essential step in their investigation? What are they afraid of?”

This question remained unanswered as Ny deployed the European Arrest Warrant, a draconian product of the “war on terror” supposedly designed to catch terrorists and organized criminals. The EAW had abolished the obligation on a petitioning state to provide any evidence of a crime. More than a thousand EAWs are issued each month; only a few have anything to do with potential “terror” charges. Most are issued for trivial offences—such as overdue bank charges and fines. Many of those extradited face months in prison without charge. There have been a number of shocking miscarriages of justice, of which British judges have been highly critical.

The Assange case finally reached the UK Supreme Court in May 2012. In a judgement that upheld the EAW—whose rigid demands had left the courts almost no room for manoeuvre—the judges found that European prosecutors could issue extradition warrants in the UK without any judicial oversight, even though Parliament intended otherwise. They made clear that Parliament had been “misled” by the Blair government. The court was split, 5-2, and consequently found against Assange.

However, the Chief Justice, Lord Phillips, made one mistake. He applied the Vienna Convention on treaty interpretation, allowing for state practice to override the letter of the law. As Assange’s barrister, Dinah Rose QC, pointed out, this did not apply to the EAW.

The Supreme Court only recognised this crucial error when it dealt with another appeal against the EAW in November last year. The Assange decision had been wrong, but it was too late to go back.

Assange’s choice was stark: extradition to a country that had refused to say whether or not it would send him on to the US, or to seek what seemed his last opportunity for refuge and safety. Supported by most of Latin America, the courageous government of Ecuador granted him refugee status on the basis of documented evidence and legal advice that he faced the prospect of cruel and unusual punishment in the US; that this threat violated his basic human rights; and that his own government in Australia had abandoned him and colluded with Washington. The Labor government of prime minister Julia Gillard had even threatened to take away his passport.

Gareth Peirce, the renowned human rights lawyer who represents Assange in London, wrote to the then Australian foreign minister, Kevin Rudd: “Given the extent of the public discussion, frequently on the basis of entirely false assumptions… it is very hard to attempt to preserve for him any presumption of innocence. Mr. Assange has now hanging over him not one but two Damocles swords, of potential extradition to two different jurisdictions in turn for two different alleged crimes, neither of which are crimes in his own country, and that his personal safety has become at risk in circumstances that are highly politically charged.”

It was not until she contacted the Australian High Commission in London that Peirce received a response, which answered none of the pressing points she raised. In a meeting I attended with her, the Australian Consul-General, Ken Pascoe, made the astonishing claim that he knew “only what I read in the newspapers” about the details of the case.

Meanwhile, the prospect of a grotesque miscarriage of justice was drowned in a vituperative campaign against the WikiLeaks founder. Deeply personal, petty, vicious and inhuman attacks were aimed at a man not charged with any crime yet subjected to treatment not even meted out to a defendant facing extradition on a charge of murdering his wife. That the US threat to Assange was a threat to all journalists, to freedom of speech, was lost in the sordid and the ambitious

Books were published, movie deals struck and media careers launched or kick-started on the back of WikiLeaks and an assumption that attacking Assange was fair game and he was too poor to sue. People have made money, often big money, while WikiLeaks has struggled to survive. The editor of the Guardian, Alan Rusbridger, called the WikiLeaks disclosures, which his newspaper published, “one of the greatest journalistic scoops of the last 30 years”. It became part of his marketing plan to raise the newspaper’s cover price.

With not a penny going to Assange or to WikiLeaks, a hyped Guardian book led to a lucrative Hollywood movie. The book’s authors, Luke Harding and David Leigh, gratuitously described Assange as a “damaged personality” and “callous”. They also revealed the secret password he had given the paper in confidence, which was designed to protect a digital file containing the US embassy cables. With Assange now trapped in the Ecuadorean embassy, Harding, standing among the police outside, gloated on his blog that “Scotland Yard may get the last laugh”.

The injustice meted out to Assange is one of the reasons Parliament will eventually vote on a reformed EAW. The draconian catch-all used against him could not happen now; charges would have to be brought and “questioning” would be insufficient grounds for extradition. “His case has been won lock, stock and barrel,” Gareth Peirce told me, “these changes in the law mean that the UK now recognises as correct everything that was argued in his case. Yet he does not benefit. And the genuineness of Ecuador’s offer of sanctuary is not questioned by the UK or Sweden.”

On 18 March 2008, a war on WikiLeaks and Julian Assange was foretold in a secret Pentagon document prepared by the “Cyber Counterintelligence Assessments Branch”. It described a detailed plan to destroy the feeling of “trust” which is WikiLeaks’ “centre of gravity”. This would be achieved with threats of “exposure [and] criminal prosecution”. Silencing and criminalising this rare source of independent journalism was the aim, smear the method. Hell hath no fury like great power scorned.

Monday 14 July 2014

How capital captured politics - Why was TISA kept secret?

WikiLeaks has shown us that western democracies are now ruled by market forces that debase the very notion of freedom
A stock market graph going down
'The Trade in Services Agreement prohibits more regulation of financial services, despite the fact the 2007-08 meltdown is generally perceived as resulting from a lack of regulation.' Photograph: Andy Mueller/Reuters
In May, an international trade agreement was signed that effectively serves as a kind of legal backbone for the restructuring of world markets. While the Trade in Services Agreement (Tisa) negotiations were not censored outright, they were barely mentioned in our media. This marginalisation and secrecy was in stark contrast to the global historical importance of what was agreed upon.
In June, WikiLeaks made public the secret draft text of the agreement. It covers 50 countries and most of the world's trade in services.
It sets rules that would assist the expansion of financial multinationals into other nations by preventing regulatory barriers. It prohibits more regulation of financial services, despite the fact that the 2007-08 financial meltdown is generally perceived as resulting from a lack of regulation. Furthermore, the US is particularly keen on boosting cross-border data flow, including traffic of personal and financial data. Despite all this, we heard little about it.
Yet is this discrepancy between importance and secrecy really surprising? Is it not rather a sad but precise indication of where do we, in western liberal democratic countries, stand with regard to democracy? A century and a half ago, in Das Kapital, Karl Marx characterised the market exchange between worker and capitalist as "a very Eden of the innate rights of man. There alone rule Freedom, Equality, Property and Bentham." For Marx, the ironic addition of Jeremy Bentham, the philosopher of egotistical utilitarianism, provides the key to what freedom and equality effectively mean in capitalist society. To quote The Communist Manifesto: "By freedom is meant – under the present bourgeois conditions of production – free trade, free selling and buying." And by equality is meant the legal formal equality of buyer and seller, even if one of them is forced to sell his labour under any conditions (like today's precarious workers).
The main culprits of the 2008 financial meltdown now impose themselves on us as experts leading us on the painful path to financial recovery. Their advice should trump parliamentary politics. Or, as Mario Monti put it: "Those who govern must not allow themselves to be completely bound by parliamentarians." What, then, is the higher force whose authority can suspend the decisions of the democratically elected representatives of the people? As far back as 1998, the answer was provided by Hans Tietmeyer, the then governor of the Deutsche Bundesbank, who praised national governments for preferring "the permanent plebiscite of global markets" to the "plebiscite of the ballot box".
Note the democratic rhetoric of this obscene statement: global markets are more democratic than parliamentary elections, since the process of voting goes on in them permanently (and is permanently reflected in market fluctuations) and at a global level, not only within the limits of a nation state.
This, then, is where we stand with regard to democracy, and the Tisa agreement is a perfect example. The key decisions concerning our economy are negotiated and enforced in secret, and set the coordinates for the unencumbered rule of capital. In this way, the space for decision-making by the democratically elected politicians is severely limited, and the political process deals predominantly with issues towards which capital is indifferent (like culture wars).
This is why the release of the Tisa draft marks a new stage in the WikiLeaks strategy: until now its activity has been focused on making public how our lives are monitored and regulated by the intelligence agencies – the standard liberal topic of individuals threatened by oppressive state apparatuses. Now another controlling force appears – capital – which threatens our freedom in a much more twisted way: by perverting our very sense of what the word means.

Thursday 14 November 2013

WikiLeaks publishes secret draft chapter of Trans-Pacific Partnership

Treaty negotiated in secret between 12 nations 'would trample over individual rights and free expression', says Julian Assange

Japanese demonstrators protest the Trans-Pacific Partnership (TPP) after the May Day rally in Tokyo, Japan, 01 May 2013.
Demonstrators protest against the Trans-Pacific Partnership (TPP) after the May Day rally in Tokyo, Japan. Photograph: EPA/Kimimasa Mayama

WikiLeaks has released the draft text of a chapter of the Trans-Pacific Partnership (TPP) agreement, a multilateral free-trade treaty currently being negotiated in secret by 12 Pacific Rim nations.
The full agreement covers a number of areas, but the chapter published by WikiLeaks focuses on intellectual property rights, an area of law which has effects in areas as diverse as pharmaceuticals and civil liberties.
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Also Read

Transatlantic Trade and Investment Partnership: Wake up people, we’re being shafted


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Negotiations for the TPP have included representatives from the United States, Canada, Australia, New Zealand, Japan, Mexico, Malaysia, Chile, Singapore, Peru, Vietnam, and Brunei, but have been conducted behind closed doors. Even members of the US Congress were only allowed to view selected portions of the documents under supervision.
"We're really worried about a process which is so difficult for those who take an interest in these agreements to deal with. We rely on leaks like these to know what people are talking about," says Peter Bradwell, policy director of the London-based Open Rights Group.
"Lots of people in civil society have stressed that being more transparent, and talking about the text on the table, is crucial to give treaties like this any legitimacy. We shouldn't have to rely on leaks to start a debate about what's in then."
The 30,000 word intellectual property chapter contains proposals to increase the term of patents, including medical patents, beyond 20 years, and lower global standards for patentability. It also pushes for aggressive measures to prevent hackers breaking copyright protection, although that comes with some exceptions: protection can be broken in the course of "lawfully authorised activities carried out by government employees, agents, or contractors for the purpose of law enforcement, intelligence, essential security, or similar governmental purposes".
WikiLeaks claims that the text shows America attempting to enforce its highly restrictive vision of intellectual property on the world – and on itself. "The US administration is aggressively pushing the TPP through the US legislative process on the sly," says Julian Assange, the founder and editor-in-chief of WikiLeaks, who is living in the Ecuadorean embassy in London following an extradition dispute with Sweden, where he faces allegations of rape.
"If instituted," Assange continues, "the TPP’s intellectual property regime would trample over individual rights and free expression, as well as ride roughshod over the intellectual and creative commons. If you read, write, publish, think, listen, dance, sing or invent; if you farm or consume food; if you’re ill now or might one day be ill, the TPP has you in its crosshairs."
Just Foreign Policy, a group dedicated to reforming US foreign policy, managed to crowdfund a $70,000 (£43,700) bounty for Wikileaks if the organisation managed to leak the TPP text. "Our pledge, as individuals, is to donate this money to WikiLeaks should it leak the document we seek." The conditions the group set have not yet been met, however, because it required the full text, not individual chapters.
Related to the TPP is a second secret trade agreement, the Transatlantic Trade and Investment Partnership (TTIP), which ties together regulatory practices in the US and EU. George Monbiot, writing in this paper, referred to the treaty as a "monstrous assault on democracy". Ken Clarke, the minister without portfolio, replied that it "would see our economy grow by an extra £10bn per annum".
Campaign group Fight for the Future has already collected over 100,000 signatures in an online petition against what it calls the “extreme Internet censorship plan: contained in the TPP.
Evan Greer, campaign manager for Fight for the Future, said: "The documents revealed by WikiLeaks make it clear why the US government has worked so hard to keep the TPP negotiatons secret. While claiming to champion an open Internet, the Obama administration is quietly pushing for extreme, SOPA-like copyright policies that benefit Hollywood and giant pharmaceutical companies at the expense of our most basic rights to freedom of expression online."

Wednesday 10 July 2013

How cryptography is a key weapon in the fight against empire states


What began as a means of retaining individual freedom can now be used by smaller states to fend off the ambitions of larger ones
A telecommunications station in Addis Ababa, Ethiopia
'Africa is coming online, but with hardware supplied by China. Will the internet be the means by which Africa continues to be subjugated into the 21st century?' Photograph: Mao Siqian/Corbis
The original cypherpunks were mostly Californian libertarians. I was from a different tradition but we all sought to protect individual freedom from state tyranny. Cryptography was our secret weapon. It has been forgotten how subversive this was. Cryptography was then the exclusive property of states, for use in their various wars. By writing our own software and disseminating it far and wide we liberated cryptography, democratised it and spread it through the frontiers of the new internet.
The resulting crackdown, under various "arms trafficking" laws, failed. Cryptography became standardised in web browsers and other software that people now use on a daily basis. Strong cryptography is a vital tool in fighting state oppression. That is the message in my book, Cypherpunks. But the movement for the universal availability of strong cryptography must be made to do more than this. Our future does not lie in the liberty of individuals alone.
Our work in WikiLeaks imparts a keen understanding of the dynamics of the international order and the logic of empire. During WikiLeaks' rise we have seen evidence of small countries bullied and dominated by larger ones or infiltrated by foreign enterprise and made to act against themselves. We have seen the popular will denied expression, elections bought and sold, and the riches of countries such as Kenya stolen and auctioned off to plutocrats in London and New York.
The struggle for Latin American self-determination is important for many more people than live in Latin America, because it shows the rest of the world that it can be done. But Latin American independence is still in its infancy. Attempts at subversion of Latin American democracy are still happening, including most recently in Honduras, Haiti, Ecuador and Venezuela.
This is why the message of the cypherpunks is of special importance to Latin American audiences. Mass surveillance is not just an issue for democracy and governance – it's a geopolitical issue. The surveillance of a whole population by a foreign power naturally threatens sovereignty. Intervention after intervention in the affairs of Latin American democracy have taught us to be realistic. We know that the old powers will still exploit any advantage to delay or suppress the outbreak of Latin American independence.
Consider simple geography. Everyone knows oil resources drive global geopolitics. The flow of oil determines who is dominant, who is invaded, and who is ostracised from the global community. Physical control over even a segment of an oil pipeline yields great geopolitical power. Governments in this position can extract huge concessions. In a stroke, the Kremlin can sentence eastern Europe and Germany to a winter without heat. And even the prospect of Tehran running a pipeline eastwards to India and China is a pretext for bellicose logic from Washington.
But the new great game is not the war for oil pipelines. It is the war for information pipelines: the control over fibre-optic cable paths that spread undersea and overland. The new global treasure is control over the giant data flows that connect whole continents and civlisations, linking the communications of billions of people and organisations.
It is no secret that, on the internet and on the phone, all roads to and from Latin America lead through the United States. Internet infrastructure directs 99% of the traffic to and from South America over fibre-optic lines that physically traverse US borders. The US government has shown no scruples about breaking its own law to tap into these lines and spy on its own citizens. There are no such laws against spying on foreign citizens. Every day, hundreds of millions of messages from the entire Latin American continent are devoured by US spy agencies, and stored forever in warehouses the size of small cities. The geographical facts about the infrastructure of the internet therefore have consequences for the independence and sovereignty of Latin America.
The problem also transcends geography. Many Latin American governments and militaries secure their secrets with cryptographic hardware. These are boxes and software that scramble messages and then unscramble them on the other end. Governments purchase them to keep their secrets secret – often at great expense to the people – because they are correctly afraid of interception of their communications.
But the companies who sell these expensive devices enjoy close ties with the US intelligence community. Their CEOs and senior employees are often mathematicians and engineers from the NSA capitalising on the inventions they created for the surveillance state. Their devices are often deliberately broken: broken with a purpose. It doesn't matter who is using them or how they are used – US agencies can still unscramble the signal and read the messages.
These devices are sold to Latin American and other countries as a way to protect their secrets but they are really a way of stealing secrets.
Meanwhile, the United States is accelerating the next great arms race. The discoveries of the Stuxnet virus – and then the Duqu and Flame viruses – herald a new era of highly complex weaponised software made by powerful states to attack weaker states. Their aggressive first-strike use on Iran is determined to undermine Iranian efforts at national sovereignty, a prospect that is anathema to US and Israeli interests in the region.
Once upon a time the use of computer viruses as offensive weapons was a plot device in science fiction novels. Now it is a global reality spurred on by the reckless behaviour of the Barack Obama administration in violation of international law. Other states will now follow suit, enhancing their offensive capacity to catch up.
The United States is not the only culprit. In recent years, the internet infrastructure of countries such as Uganda has been enriched by direct Chinese investment. Hefty loans are doled out in return for African contracts to Chinese companies to build internet backbone infrastructure linking schools, government ministries and communities into the global fibre-optic system.
Africa is coming online, but with hardware supplied by an aspirant foreign superpower. Will the African internet be the means by which Africa continues to be subjugated into the 21st century? Is Africa once again becoming a theatre for confrontation between the global powers?
These are just some of the important ways in which the message of the cypherpunks goes beyond the struggle for individual liberty. Cryptography can protect not just the civil liberties and rights of individuals, but the sovereignty and independence of whole countries, solidarity between groups with common cause, and the project of global emancipation. It can be used to fight not just the tyranny of the state over the individual but the tyranny of the empire over smaller states.

Monday 10 June 2013

Hypocrisy lies at the heart of the trial of Bradley Manning


It is an outrage that soldiers who killed innocents remain free but the man who exposed them is accused of 'aiding the enemy'
Bradley Manning
Bradley Manning is escorted out of a courthouse in Fort Meade, Maryland. Photograph: Patrick Semansky/AP
In 2009 the American ambassador to Tunisia spent the evening at the home of Mohamed Sakher el-Materi, the president's son-in-law. By any standards the dinner was lavish – yogurt and ice cream were flown in from St Tropez – and the home was opulent. In a cable, made public by WikiLeaks, the diplomat wrote: "The house was recently renovated and includes an infinity pool … there are ancient artefacts everywhere: Roman columns, frescos and even a lion's head from which water pours into the pool. Materi insisted the pieces are real." By Tunisian standards it was particularly obscene. El-Materi owned a tiger and fed it four chickens a day.
The US diplomatic corps in Tunis understood this was a problem. In a cable the previous year, entitled What's yours is mine, they'd written: "With Tunisians facing rising inflation and high unemployment, the conspicuous displays of wealth and persistent rumours of corruption have added fuel to the fire." But the US continued to back the Tunisian president anyway, considering him a reliable ally against terrorism and preferring a dependable dictatorship to an unpredictable democracy. Until, of course, a couple months after the WikiLeaks revelations, Tunisians rose up and ejected him, unleashing a wave of revolutions in the region.
WikiLeaks did not cause these uprisings but it certainly informed them. The dispatches revealed details of corruption and kleptocracy that many Tunisians suspected, but could not prove, and would cite as they took to the streets. They also exposed the blatant discrepancy between the west's professed values and actual foreign policies. Having lectured the Arab world about democracy for years, its collusion in suppressing freedom was undeniable as protesters were met by weaponry and tear gas made in the west, employed by a military trained by westerners.
On Monday Bradley Manning, the young man who leaked those diplomatic cables, goes on trial in a military court in Maryland. He has pleaded guilty to 10 charges which would put him behind bars for 20 years. But that is not enough for the US military that has levelled 22 charges against him, including espionage and "aiding the enemy", which carries up to life in prison without parole. At the time Manning released the diplomatic cables and military reports he wrote: "I want people to see the truth … regardless of who they are. Because without information, you cannot make informed decisions as a public." He hoped by releasing the cables he would spark "worldwide discussion, debates, and reforms".
If the leaks laid bare the hypocritical claim that the US was exporting democracy, then the nature of his incarceration and prosecution illustrate the fallacy of its insistence that it is protecting both freedom and security at home. Manning's treatment since his arrest in May 2010 has involved a number of serious human rights violations.
At various times since his arrest he has been held in solitary confinement for 23 out of 24 hours a day for five months in succession, held in an 8ft by 6ft cell, been forced to sleep naked apart from an anti-suicide smock for two months, and been woken up to three times a night while on suicide watch. Following an investigation, the UN special rapporteur on torture, Juan Ernesto Méndez, last year argued Manning had been "subjected to cruel, inhuman and degrading treatment".
Meanwhile, the case against him indicates the degree to which the war on terror (a campaign that has been officially retired describing a legal, military and political edifice that remains firmly intact) privileges secrecy over not only transparency but humanity. This is exemplified in one of his leak's more explosive revelations – a video that soon went viral showing two Reuters employees, among others, being shot dead by a US Apache helicopter in Iraq. They were among a dozen or so people milling around near an area where US troops had been exposed to small arms fire. The soldiers, believing the camera to be a weapon, opened fire, leaving several dead and some wounded.
"Look at those dead bastards," says one pilot. "Nice," says the other. When a van comes to pick up the wounded they shoot at that too, wounding two children inside. "Well, it's their fault for bringing their kids into a battle," one of the pilots says.
An investigation exonerated the soldiers on the grounds that they couldn't have known who they were shooting. No disciplinary action was taken. When Reuters tried to get a copy of the video under the Freedom of Information Act, its request was denied. Were it not for Manning it would never have been made public. So the men who killed innocents, thereby stoking legitimate grievances across the globe and fanning the flames of resistance, are free to kill another day and the man who exposed them is behind bars, accused of "aiding the enemy".
In this world, murder is not the crime; unmasking and distributing evidence of it is. To insist that Manning's disclosure put his military colleagues in harm's way is a bit like a cheating husband claiming that his partner reading his diary, not the infidelity, is what is truly imperilling their marriage. Avoiding responsibility for action, one instead blames the information and informant who makes that action known.
There is no need to deify Manning, or WikiLeaks, in all of this. While no one has yet to make a credible case that any of the information he released put a single US soldier in greater danger than they already were by occupying a foreign country, not all of it was as damning as the Apache incident or revelatory as the Tunisian cables.
Much was the routine reports of diplomats to their bosses – channels that, for those of us who prefer diplomacy to war, we should want to protect. The chance of exposing hypocrisy must be weighed against the certainty of inhibiting the kind of candid, private back-door discussions that have helped make everything from the Northern Ireland peace process to the release of Nelson Mandela possible.
Elizabeth Goitein, co-director of the Brennan Center for Justice's Liberty and National Security Program, told the Washington Post that Manning's leaks were a "reckless … data dump … [but] he is not an enemy of the state". But it's not just about Manning. It's about a government, obsessed with secrecy, that has prosecuted more whistleblowers than all previous administrations combined. And it's about wars in which the resistance to, and exposure of, crimes and abuses has been criminalised while the criminals and abusers go free. If Manning is an enemy of the state then so too is truth.

Saturday 8 December 2012

Julian Assange: the fugitive



Julian Assange has been holed up in the Ecuadorian embassy for six months. In a rare interview, we ask the WikiLeaks founder about reports of illness, paranoia – and if he'll ever come out
Julian Assange
Julian Assange: 'I suppose it’s quite nice that people are worried about me.’ Photograph: Gian Paul Lozza for the Guardian
The Ecuadorian embassy in Knightsbridge looks rather lavish from the street, but inside it's not much bigger than a family apartment. The armed police guard outside is reported to cost £12,000 a day, but I can see only three officers, all of whom look supremely bored. Christmas shoppers heading for Harrods next door bustle by, indifferent or oblivious to the fact that they pass within feet of one of the world's most famous fugitives.
It's almost six months since Julian Assange took refuge in the embassy, and a state of affairs that was at first sensational is slowly becoming surreal. Ecuador has granted its guest formal asylum, but the WikiLeaks founder can't get as far as Harrods, let alone to South America, because the moment he leaves the embassy, he will be arrested – even if he comes out in a diplomatic bag or handcuffed to the ambassador – and extradited toSweden to face allegations of rape and sexual assault. Assange says he'll happily go to Stockholm, providing the Swedish government guarantees he won't then be extradited on to the US, where he fears he will be tried for espionage. Stockholm says no guarantee can be given, because that decision would lie with the courts. And so the weeks have stretched into months, and may yet stretch on into years.
Making the whole arrangement even stranger are the elements of normality. A receptionist buzzes me in and checks my ID, and then a businesslike young woman, Assange's assistant, leads me through into a standard-issue meeting room, where a young man who has something to do with publicity at Assange's publishers is sitting in front of a laptop. There are pieces of camera equipment and a tripod; someone suggests coffee. It all looks and feels like an ordinary interview.
But when Assange appears, he seems more like an in-patient than an interviewee, his opening words slow and hesitant, the voice so cracked as to be barely audible. If you have ever visited someone convalescing after a breakdown, his demeanour would be instantly recognisable. Admirers cast him as the new Jason Bourne, but in these first few minutes I worry he may be heading more towards Miss Havisham.
Assange tells me he sees visitors most days, but I'm not sure how long it was since a stranger was here, so I ask if this feels uncomfortable. "No, I look forward to the company. And, in some cases, the adversary." His gaze flickers coolly. "We'll see which." He shrugs off recent press reports of a chronic lung infection, but says: "I suppose it's quite nice, though, actually, that people are worried about me." Former hostages often talk about what it meant to hear their name on the radio and know the outside world was still thinking of them. Have the reports of his health held something similar for him? "Absolutely. Though I felt that much more keenly when I was in prison."
Assange spent 10 days in jail in December 2010, before being bailed to the stately home of a supporter in Suffolk. There, he was free to come and go in daylight hours, yet he says he felt more in captivity then than he does now. "During the period of house arrest, I had an electronic manacle around my leg for 24 hours a day, and for someone who has tried to give others liberty all their adult life, that is absolutely intolerable. And I had to go to the police at a specific time every day – every day – Christmas Day, New Year's Day – for over 550 days in a row." His voice is warming now, barbed with indignation. "One minute late would mean being placed into prison immediately." Despite being even more confined here, he's now the author of his own confinement, so he feels freer?
"Precisely."
And now he is the author of a new book, Cypherpunks: Freedom And The Future Of TheInternet. Based on conversations and interviews with three other cypherpunks – internet activists fighting for online privacy – it warns that we are sleepwalking towards a "new transnational dystopia". Its tone is portentous – "The internet, our greatest tool of emancipation, has been transformed into the most dangerous facilitator of totalitarianism we have ever seen" – and its target audience anyone who has ever gone online or used a mobile phone.
"The last 10 years have seen a revolution in interception technology, where we have gone from tactical interception to strategic interception," he explains. "Tactical interception is the one that we are all familiar with, where particular individuals become of interest to the state or its friends: activists, drug dealers, and so on. Their phones are intercepted, their email communication is intercepted, their friends are intercepted, and so on. We've gone from that situation to strategic interception, where everything flowing out of or into a country – and for some countries domestically as well – is intercepted and stored permanently. Permanently. It's more efficient to take and store everything than it is to work out who you want to intercept."
The change is partly down to economies of scale: interception costs have been halving every two years, whereas the human population has been doubling only every 20. "So we've now reached this critical juncture where it is possible to intercept everyone – every SMS, every email, every mobile phone call – and store it and search it for a nominal fee by governmental standards. A kit produced in South Africa can store and index all telecommunications traffic in and out of a medium-sized nation for $10m a year." And the public has no idea, due largely to a powerful lobby dedicated to keeping it in the dark, and partly to the legal and technological complexity. So we spend our days actively assisting the state's theft of private information about us, by putting it all online.
"The penetration of the Stasi in East Germany is reported to be up to 10% of the population – one in 10 at some stage acted as informers – but the penetration of Facebook in countries like Iceland is 88%, and those people are informing much more frequently and in much more detail than they ever were in the Stasi. And they're not even getting paid to do it! They're doing it because they feel they'll be excluded from social opportunities otherwise. So we're now in this unique position where we have all the ingredients for a turnkey totalitarian state."
In this dystopian future, Assange sees only one way to protect ourselves: cryptography. Just as handwashing was once a novelty that became part of everyday life, and crucial to protecting our health, so, too, will we have to get used to encrypting our online activity. "A well-defined mathematical algorithm can encrypt something quickly, but to decrypt it would take billions of years – or trillions of dollars' worth of electricity to drive the computer. So cryptography is the essential building block of independence for organisations on the internet, just like armies are the essential building blocks of states, because otherwise one state just takes over another. There is no other way for our intellectual life to gain proper independence from the security guards of the world, the people who control physical reality."
Assange talks in the manner of a man who has worked out that the Earth is round, while everyone else is lumbering on under the impression that it is flat. It makes you sit up and listen, but raises two doubts about how to judge his thesis. There's no debate that Assange knows more about the subject than almost anyone alive, and the case he makes is both compelling and scary. But there's a question mark over his own credentials as a crusader against abuses of power, and another over his frame of mind. After all the dramas of the last two and a half years, it's hard to read his book without wondering, is Assange a hypocrite – and is he a reliable witness?
Julian Assange Assange in the Ecuadorian embassy: ‘It would be nice to go for a walk in the woods.’ Photograph: Gian Paul Lozza for the Guardian
Prodigiously gifted, he is often described as a genius, but he has the autodidact's tendency to come across as simultaneously credulous and a bit slapdash. He can leap from one country to another when characterising surveillance practices, as if all nations were analogous, and refers to the communications data bill currently before the UK parliament in such alarmist terms that I didn't even recognise the legislation and thought he must be talking about a bill I'd never heard of. "A bill promulgated by the Queen, no less!" he emphasises, as if the government could propose any other variety, before implying that it will give the state the right to read every email and listen in on every mobile phone call, which is simply not the case. It's the age-old dilemma: are we being warned by a uniquely clear-sighted Cassandra, or by a paranoid conspiracy theorist whose current circumstances only confirm all his suspicions of sinister secret state forces at work?
But first, the hypocrisy question. I say many readers will wonder why, if it's so outrageous for the state to read our emails, it is OK for WikiLeaks to publish confidential state correspondence.
"It's all about power," he replies. "And accountability. The greater the power, the more need there is for transparency, because if the power is abused, the result can be so enormous. On the other hand, those people who do not have power, we mustn't reduce their power even more by making them yet more transparent."
Many people would say Assange himself is immensely powerful, and should be held to a higher standard of accountability and transparency. "I think that is correct," he agrees. So was WikiLeaks' decision to publish Afghan informers' names unredacted an abuse of power? Assange draws himself up and lets rip. "This is absurd propaganda. Basic kindergarten rhetoric. There has been no official accusation that any of our publications over a six-year period have resulted in the deaths of a single person – a single person – and this shows you the incredible political power of the Pentagon, that it is able to attempt to reframe the debate in that way."
Others have wondered how he could make a chatshow for a state-owned Moscow TV station. "I've never worked for a Russian state-owned television channel. That's just ridiculous – the usual propaganda rubbish." He spells it out slowly and deliberately. "I have a TV production company, wholly owned by me. We work in partnership with Dartmouth Films, a London production company, to produce a 12-part TV series about activists and thinkers from around the world. Russia Today was one of more than 20 different media organisations that purchased a licence. That is all." There is no one to whom he wouldn't sell a licence? "Absolutely not. In order to go to the hospital, we must put Shell in our car. In order to make the maximum possible impact for our sources, we have to deal with organisations like the New York Times and the Guardian." He pauses. "It doesn't mean we approve of these organisations."
I try twice to ask how a campaigner for free speech can condone Ecuador's record on press controls, but I'm not sure he hears, because he is off into a coldly furious tirade against the Guardian. The details of the dispute are of doubtful interest to a wider audience, but in brief: WikiLeaks worked closely with both the Guardian and the New York Times in 2010 to publish huge caches of confidential documents, before falling out very badly with both. He maintains that the Guardian broke its word and behaved disgracefully, but he seems to have a habit of falling out with erstwhile allies. Leaving aside the two women in Sweden who were once his admirers and now allege rape and sexual assault, things also ended badly with Canongate, a small publisher that paid a large advance for his ghosted autobiography, only to have Assange pull out of the project after reading the first draft. It went ahead and published anyway, but lost an awful lot of money. Several staff walked out of WikiLeaks in 2010, including a close colleague, Daniel Domscheit-Berg, who complained that Assange was behaving "like some kind of emperor or slave trader".
It clearly isn't news to Assange that even some of his supporters despair of an impossible personality, and blame his problems on hubris, but he isn't having any of it. I ask how he explains why so many relationships have soured. "They haven't." OK, let's go through them one by one. The relationship with Canongate…
"Oh my God!" he interrupts angrily, raising his voice. "These people, we told them not to do that. They were wrong to do it, to violate the author's copyright like that." Did he ever consider giving his advance back? "Canongate owes me money. I have not seen a single cent from this book. Canongate owes me hundreds of thousands of pounds." But if he hasn't seen any money, it's because the advance was deposited in Assange's lawyers' bank account, to go towards paying their fees. Then the lawyers complained that the advance didn't cover the fees, and Assange fell out with them, too.
"I was in a position last year where everybody thought they could have a free kick. They thought that because I was involved in an enormous conflict with the United Statesgovernment. The law firm was another. But those days are gone."
What about the fracture with close colleagues at WikiLeaks? "No!" he practically shouts. But Domscheit-Berg got so fed up with Assange that he quit, didn't he? "No, no, no, no, no. Domscheit-Berg had a minor role within WikiLeaks, and he was suspended by me on 25 August 2010. Suspended." Well, that's my point – here was somebody else with whom Assange fell out. "Be serious here! Seriously – my God. What we are talking about here in our work is the deaths of hundreds of thousands of people – hundreds of thousands – that we have exposed and documented. And your question is about, did we suspend someone back in 2010?" My point was that there is a theme of his relationships turning sour. "There is not!" he shouts.
I don't blame Assange for getting angry. As he sees it, he's working tirelessly to expose state secrecy and save us all from tyranny. He has paid for it with his freedom, and fears for his life. Isn't it obvious that shadowy security forces are trying to make him look either mad or bad, to discredit WikiLeaks? If that's true, then his flaws are either fabricated, or neither here nor there. But the messianic grandiosity of his self-justification is a little disconcerting.
I ask if he has considered the possibility that he might live in this embassy for the rest of his life. "I've considered the possibility. But it sure beats supermax [maximum security prison]." Does he worry about his mental health? "Only that it is nice to go for a walk in the woods, and it's important – because I have to look after so many people – that I am close to the peak of my performance at all times, because we are involved in an adversarial conflict and any misjudgment will be seized upon." Does he ever try to work out whether he is being paranoid? "Yes. I have a lot of experience. I mean, I have 22 years of experience." He'd rather not say to whom he turns for emotional support, "because we are in an adversarial conflict", but he misses his family the most. His voice slows and drops again.
"The situation is, er, the communication situation is difficult. Some of them have had to change their names, move location. Because they have suffered death threats, trying to get at me. There have been explicit proposals through US rightwing groups to target my son, for example, to get at me. The rest of the family, having seen that, has taken precautions in response." But it has all been worth it, he says, because of what he's achieved.
"Changes in electoral outcomes, contributions to revolutions in the Middle East, and the knowledge that we have contributed towards the Iraqi people and the Afghan people. And also the end of the Iraq war, which we had an important contribution towards. You can look that up. It's to do with the circumstances under which immunity was refused to US troops at the end of 2011. The documents we'd published directly were cited by Iraqis as a reason for discontinuing the immunity. And the US said it would refuse to stay without continued immunity."
Assange says he can't say anything about the allegations of rape and sexual assault for legal reasons, but he predicts that the extradition will be dropped. The grounds for his confidence are not clear, because in the next breath he adds: "Sweden refuses to behave like a reasonable state. It refuses to give a guarantee that I won't be extradited to the US." But Sweden says the decision lies with the courts, not the government. "That is not true," he snaps. "It is absolutely false. The government has the final say." If he's right, and it really is as unequivocal as that, why all the legal confusion? "Because there are enormous powers at play," he says, heavy with exasperation. "Controversy is a result of people trying to shift political opinion one way or another."
And so his surreal fugitive existence continues, imprisoned in a tiny piece of Ecuador in Knightsbridge. He has a special ultraviolet lamp to compensate for the lack of sunlight, but uses it "with great trepidation", having burned himself the first time he tried it. His assistant, who may or may not be his girlfriend – she has been reported as such, but denies it when I check – is a constant presence, and by his account WikiLeaks continues to thrive. Reports that it has basically imploded, undone by the dramas and rows surrounding its editor-in-chief, are dismissed as yet more smears. The organisation will have published more than a million leaks this year, he says, and will publish "considerably more" in 2013. I'm pretty sure he has found a way to get rid of his electronic tag, because when I ask, he stares with a faint gnomic smile. "Umm… I'd prefer not to comment."
Assange has been called a lot of things – a terrorist, a visionary, a rapist, a freedom warrior. At moments he reminds me of a charismatic cult leader but, given his current predicament, it's hardly surprising if loyalty counts more than critical distance in his world. The only thing I could say with confidence is that he is a control freak. The persona he most frequently ascribes to himself is "gentleman", a curiously courtly term for a cypher–punk to choose, so I ask him to explain.
"What is a gentleman? I suppose it's, you know, a nice section of Australian culture that perhaps wouldn't be recognised in thieving metropolises like London. The importance of being honourable, and keeping your word, and acting like a gentleman. It's someone who has the courage of their convictions, who doesn't bow to pressure, who doesn't exploit people who are weaker than they are. Who acts in an honourable way."
Does that describe him? "No, but it describes an ideal I believe men should strive for."