National Security

The Daily Toast: Don’t Exploit The Paris Attacks To Increase Surveillance

Samuel Hooper1 Comment

Surveillance State - Britain - UK - Paris Attacks

Demands for more government surveillance in response to the Paris terror attacks are crass, opportunistic and pointless

It’s very rare for this blog to agree with a Guardian editorial, but the newspaper’s stance on the proper response to the latest terrorist atrocity in Paris contains a lot of sense*.

For a start, there is none of the Western self-flagellation that grips too much of the Corbynite Left, and the absence of this equivocation is refreshing in itself (but then ever since their decision to back Yvette Cooper over Jeremy Corbyn in the Labour leadership election, the Guardian’s left wing idealism has seemed more affected than deeply held).

And on the need to avoid using the Paris attacks as permission to ratchet up the surveillance state, the Guardian is absolutely correct:

In Britain, there will be some who see Theresa May’s new investigatory powers bill in a more urgent light after Paris. But unless and until the evidence shows that bulk surveillance would have made a difference in that dreadful scenario, the argument remains where it was. And our starting point is still that mass surveillance of all of us is neither necessary nor effective.

When the intelligence agencies are looking for a needle in a haystack, they shouldn’t be adding more hay. When they need to spy on an individual or group, they should seek – and they will usually get – the legal warrant to do so. And, in case it needs repeating, European societies do not defend their values when they turn on their Muslim fellow citizens – on the contrary, they violate those values.

This is exactly right, and a welcome counternote to the blind panic currently spilling from the keyboards of other commentators such as Dan Hodges. While one can understand individuals – particularly those actually caught up in the attacks – being led by emotion and willingly sacrificing everything for the false promise of greater security, those people who make public policy or influence public opinion should be more careful with their thoughts and words.

As the Guardian rightly points out, it is for the intelligence services (and their willing cheerleaders in the media) to conclusively prove that harvesting more bulk data would have prevented the Paris attacks from happening. If they really want to shift the status quo and treat every citizen as guilty until proving innocent by keeping a record of their communications, they must prove that the lack of this data is what allowed the eight attackers to slip through the net. And they can prove no such thing, because even if some of their communications were swept up in bulk collection along with everyone else’s, they cannot prove – or even plausibly claim – that they would have known to look for that data in the giant haystack of data.

The problem with our current national security state is not that it lacks sufficient powers over us, but that we lack sufficient power over it. Citing “national security concerns” now seems to be enough to win the argument for more surveillance on its own, and the intelligence services have grown both lazy and entitled, expecting governments to grant their every request even when they fail to construct a convincing case for them. Just as President Eisenhower presciently warned of the military-industrial complex, so we must be wary of the national security state – which has now become so big that it has taken on a life of its own, with priorities and ambitions that go beyond their original, limited remit.

This would be bad enough if it worked, but the awkward truth is that we will never achieve the perfectly secure state. Realising this, we must understand that responding to every new barbaric terrorist attack by ratcheting up the same surveillance state which failed to prevent it represents a colossal failure of imagination on our part. Glenn Greenwald likes to make the comparison with road safety – we do not insist on draconian new road safety legislation such as a 20mph speed limit every time we see a road fatality, because we accept that a degree of risk comes with the freedom to drive.

As this blog commented after the Charlie Hebdo massacre, warning of the dangers of government overreaction:

The harms that would be inflicted in order to achieve absolute safety are the very same harms that David Cameron intends to inflict upon Britain in his panicked, servile submission to the demands of the national security and intelligence chiefs. The only way to achieve absolute safety is through absolute surveillance – and zero privacy. Stepping out onto a London street totally certain in the knowledge that you will come to no harm would require us to become North Korea.

Ultimately, the only way to make us safer is to reduce the number of people living among us or dwelling overseas who wish to rain death and destruction upon us. That does not – repeat, does not – mean appeasing them, admitting that they have a point, or accepting the legitimacy of their sick and evil ideology. But it does mean accepting some fundamental truths that we prefer to overlook in our righteous fury, as I pointed out after Charlie Hebdo.

Those who think that the way to prevent the next attack is by granting government yet more power to spy on our actions and regulate what we say would apparently be content to live in a society where a small, nihilistic minority hate us and wish us harm, but whose attempts to kill us are always thwarted by an omnipotent security and intelligence apparatus. I do not wish to live in such a state, and nor do I think that such a scenario should be our highest aspiration. We can do better than that.

In the shocked aftermath of these reprehensible terrorist attacks in Paris, some would have the authorities start to construct their very own North Korea right here in England’s green and pleasant land. They are motivated by an understandable fear, but our country will not be best served by acting on their gut instinct. Even when the advocates of the surveillance state mean well, we must oppose them.

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* That’s not to say that the Guardian gets everything right. Determined to push their pro-EU agenda at all times, the article keeps banging on about “European values” as though our common revulsion at the killing and maiming of innocent people in Paris somehow means that the national cultures of Britain, France, Portugal, Greece and Poland are more or less identical, and ripe for further political integration. This much is nonsense, but does not detract from the overall thrust of the piece.

President Dwight Eisenhower - Military Industrial Complex

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Paris Terror Attacks: More Government Surveillance Is Not The Answer

Samuel Hooper6 Comments

The surveillance state did not prevent Madrid, the 7/7 London bombings, Ottawa, Charlie Hebdo or the 13 November Paris attacks. Ramping it up yet further will not guarantee our safety either – but giving the intelligence services and their media apologists everything that they want will undoubtedly erode our freedom and change our way of life for the worse

In the early hours of 14 November, in the immediate aftermath of the appalling  and barbaric terrorist attacks in Paris, this blog wearily pointed out the well-worn sequence of events which would inevitably follow:

Day 0: Expressions of shock, sorrow, anger and solidarity

Day +1: Insistence that now is a time for mourning, not asking difficult questions about how or why the atrocities were committed

Day +1, later: The first difficult questions are asked, particularly of the government and security services

Day +2: The intelligence services dust off their wishlist of draconian new powers, and strongly hint that if only they already had these powers, the attack could have been avoided

Day +3: The official narrative is established – “we will defeat this terror by giving our intelligence services the tools they need, and making radical or hateful speech illegal”

So far, things are running like clockwork. We are certainly very good at the sorrow and solidarity phase of our response. Facebook timelines have been a sea of people updating their profile pictures to display the French tricolour (and, to a lesser extent, the inevitable virtue-signalling pedants inexplicably criticising them for doing so). Day +1 followed the normal pattern.

Day +2 is when we usually hear the first whispers of criticism about the intelligence services, when the identities of some of the attackers are revealed and it turns out that in many cases, they were operating under our noses undetected for some time. This is just starting to happen now – though it is being drowned out somewhat by criticism of Europe’s muddled borders and asylum policy, as it was reported that one of the attackers had a Syrian passport and entered Europe in Greece as a refugee.

And while it is slightly too early for the intelligence services themselves to come out and start agitating for new powers, this has not stopped some of their media cheerleaders from getting the ball rolling. We are officially still in that interregnum period after an attack when it is considered unseemly or inappropriate to have a real discussion about why the attacks happened, but there is an exception to this rule when it comes to demanding more surveillance powers for the state.

And climbing through this loophole today is Dan Hodges, writing before he thinks and letting his fear cloud any judgement or sense of proportion:

If we are serious in our expression of sympathy and solidarity, if we are serious about confronting those men who lined up the disabled patrons of the Bataclan and then gunned them down, then we must act. We must expand the same collective energy we utilise proclaiming “Je suis Paris” demanding concrete action. Or at least, not demanding inaction.

In the coming weeks the government’s surveillance bill will be passing through the Commons. If we truly believe in standing in solidarity with Paris, we must let it pass. We must demand it passes.

I’m surprised – I didn’t think we would see these calls for more unchecked government surveillance until the start of the new week. But hats off to Dan Hodges – by publicly freaking out in his newspaper column and calling for the Investigatory Powers Bill to be passed, he has opened the door for Theresa May, David Cameron and a parade of GCHQ ex-chiefs to hit the TV studios and make the same demands.

Of course, what Dan fails to do is explain how new government surveillance powers a) would have prevented the Paris attacks of 13 November, or b) might realistically prevent any such attack in future. And if you pushed him, I doubt that he could explain the scope of current surveillance laws in any detail, or describe the ways that the British security services currently do or do not make use of those powers.

Dan is (understandably) frightened following the Paris attacks. And when people are scared it is natural to demand more security, to insist that the authorities wrap us all in cotton wool, kill the Bad People, do anything to alleviate the gut-wrenching fear that next time it might be the concert hall that we attend, or our local neighbourhood restaurant in the line of fire. And that’s quite understandable from the perspective of a private individual, only concerned for their own immediate safety.

But coming from one of the most prominent, respected political commentators in the country, it is downright irresponsible. Everyone is entitled to have their own private freakout behind closed doors when civilisation is shaken – as Paris was – by Islamist barbarism. But what is unacceptable is taking to your keyboard whilst you are in that fearful state, and using your national profile to give the government carte blanche to do whatever it likes in the name of national security.

Paris Attacks - Military

Clamouring for the government to pass the snooper’s charter (the Investigatory Powers Bill) is not a wise and considered response to the Paris attacks, and neither is it a moral one – particularly when you cannot point to a single measure in the bill which would have prevented the horrific carnage we witnessed on Friday.

Spiked magazine sums up the illiberal measures contained in the bill:

The draft of the bill, published last Wednesday, sets out new and draconian powers allowing the security services to monitor, access and store our online communications data: IT and comms companies would be required to store information on the websites we visit for up to 12 months, and release them to the state when required; intelligence agencies would be given legal authority to hack into communications and bulk-harvest metadata; and the ability of companies like Apple and Google to encrypt individuals’ messages – putting their content beyond the reach of themselves and the spooks – will be severely curtailed.

Home secretary Theresa May has been quick to talk down the measures. She insists that the data retrieved from your web history is no more than a ‘shopping list’ of the sites you visit, rather than individual pages – a fine and utterly meaningless distinction. And while there has been much talk of the ‘safeguards’ guaranteed by the IPB, with judicial commissioners required to approve requests for interception warrants and wire taps, these are little more than formalities. Judges will only be able to reject Home Office requests on the principles of judicial review; as backbench Tory MP David Davis pointed out, ‘This is not the judge checking the evidence, it is the judge checking that the correct procedure has been followed’.

If Dan Hodges had ‘smoking gun’ evidence that the eight Paris attackers and their network of accomplices made extensive use of unbreakable encryption to plan their crime, or that the intelligence services always suspected the attackers but were constrained by law from keeping them under closer surveillance, then he would have the beginnings of an argument.

But Hodges has no such evidence. Instead, he wants to use the deaths of scores of innocent people to empower the government to keep us all under surveillance, all the time. He makes no proposal as to how the security services might pick out the terrorist needles in this new haystack of intelligence were they to gain access to it, and no idea of the trade-offs between combing through the communications of the entire citizenry rather than focusing on known threats.

Worse still, he is so unconcerned with the potential consequences for privacy and freedom that he doesn’t even bother to address them in his article. And still Dan Hodges feels qualified to tell civil liberties defenders that they are wrong, and to clamour for more government intrusion in our lives.

Clamouring for Parliament to pass the snooper’s charter two days after a horrific terrorist attack in Paris isn’t brave or level-headed – it is a response borne of fear. When we are afraid, our time horizon shrinks to zero and we are concerned only with avoiding immediate danger. If we believe we are in imminent danger of being shot or blown up, we would likely hand over a great deal of our future freedom to avoid that fate. But this instinct – which may be essential for an animal in the wild – is entirely inappropriate for citizens living in a modern democracy.

France - Mass Surveillance - Protest

When making laws and empowering the machinery of state, we need to consider not just the threats of today and the people who will wield those powers today, but also what threats may exist tomorrow and who will wield those powers when David Cameron, Theresa May and Jeremy Corbyn are no more than names in a history book. We have a duty to our children and descendants to think about the type of country and world we want them to inhabit when we shape the laws of today.

Unfortunately, ramping up the surveillance state at the expense of the right to privacy and civil liberties fails both tests – it does not provide a convincing response to the threats of tomorrow, and it takes no account of who might try to wield those powers for their own ends in the future.

Terrorists are smart – when attacking the secure West, rarely do they try the same strategy twice. Thus, since 11 September 2001 we have gone from airplane hijackers armed with not much more than boxcutters to shoe bombs, liquid bombs and surface-to-air missiles. Our own intelligence services, to whom Dan Hodges wants to grant sweeping new powers, are usually one step behind. Thus, although the guardians of our safety were never smart enough to think of these risks before they were tried by terrorists, we are still constrained in the liquids we can take on airplanes, and have our shoes checked for explosives before we fly. In fact, modern airport security theatre as a whole reads like a “lessons learned” list of all the cock-ups and clangers of forty years of intelligence failures, with almost no discernible foresight or forward thinking.

So it will be with any new surveillance measures. Technology changes so rapidly that any law passed today will almost certainly be obsolete in a decade, while terrorists will immediately adapt and stop using monitored channels. Human ingenuity will always defeat the clunking fist of government, because it always does. So granting the government the power to monitor who we talk to, go through our emails and hack our smartphones will only infringe on the freedoms of the law-abiding; the terrorists will simply find new technologies or revert to tried-and-tested analogue techniques.

As for the leaders of tomorrow, the thought of a future Prime Minister Theresa May is frightening enough. But what is to say that in a couple of decades, if we do not properly grapple with the scourge of terrorism or in the wake of a future economic crisis, a far more extreme politician may come to power? And if they do, how glad they will be that our present government – cheered on by people like Dan Hodges – passed laws like the Investigatory Powers Bill, granting the state the tools and the legal cover to do as they please.

Again: having these fears and wanting government to provide safety is a perfectly understandable instinctive reaction to terrorist horror, coming from a private citizen. But government will happily assume new powers forever if they are freely offered up by the people, and so newspaper columnists should know better than to provide intellectual and emotional cover in the wake of an atrocity.

I admire Dan Hodges enormously as a writer and commentator on left-wing politics, but these latest irresponsible comments – invoking the image of massacred disabled concertgoers at a Paris theatre to cheerlead for the expansion of the surveillance state – cannot go unchallenged.

Jean Jullien - Peace for Paris - Paris Attacks

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Bottom Image: Peace for Paris, by Jean Jullien

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This Week’s Cowardly Assault On Liberty Comes To You Courtesy Of David Cameron

Samuel Hooper2 Comments

David Cameron Paris Attack Charlie Hebdo 3

 

It is nearly one week since murderous Islamic extremists launched their three-day campaign of terror across Paris, striking at one of the core pillars of western democratic society: a free press exercising their fundamental right to freedom of speech. But before the victims of the Charlie Hebdo massacre and the kosher market siege have even been laid to rest, David Cameron and his government have started planning their own assault on the rights of the individual and the foundations of a free society.

Of course, David Cameron’s assault is couched in the gentle, persuasive diplomatic language of the politician. There will be no masked men clad in black, no sudden hail of gunfire and no hostages taken – unless you count the right to live our lives free from intrusive snooping from a government that believes it can keep us completely safe, if only it knows enough about us all.

The Guardian provides a good summary of the enhanced laws and powers that David Cameron and the security services want to take for themselves:

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Exploiting Charlie Hebdo To Attack Civil Liberties

Samuel Hooper11 Comments

 

It is a dirty yet utterly predictable paradox that the terrorist attacks in Paris, which saw so many people flock to the banner of free speech, are even now being exploited by conniving politicians to crack down on our other, equally cherished civil liberties such as the right to privacy.

Once you have seen enough television news reports and read enough commentary to confirm and reinforce your entirely appropriate horror and outrage at the terrorist atrocities in Paris this week, therefore, it is well worth taking some more time out of your schedule to watch at least some of the video above.

Attempting to start a meaningful conversation about the root causes of Islamist terrorism is, apparently, highly unseemly and inappropriate so soon after an attack. And yet those who make this claim never explain why talking about the root causes of Islamist terrorism in its immediate aftermath is opportunistic and wrong, while conveniently it happens to be the perfect time for governments to demand sweeping, draconian new powers. And yet that is exactly what we now see.

As this blog recently noted:

https://twitter.com/SamHooper/status/553967074696265729

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Spot The Bully – Journalism or Government?

Samuel Hooper3 Comments

SPS Polis 2014 journalism conference

The POLIS 2014 Journalism Conference, held on the campus of the London School of Economics, played host to a number of luminaries from the British media establishment and debated some important issues. But among the various items on the agenda – including riveting discussions on the methods and ethics of investigative journalism, an interview with Guardian editor Alan Rusbridger and a forum on the use of social media in the newsroom – was a slightly incongruous, strangely titled session.

In the second session of the day, the panel – comprised of chair Anne McElvoy (BBC and The Economist), Annette Dittert (German broadcaster ARD), Michael Crick (Channel 4 News) and Ed Lucas (The Economist) debated the following topic:

Journalism after Snowden: Watchdog or thug?

In the wake of the Snowden story and the Leveson Inquiry into the press, we ask whether British journalism is to supine or too aggressive? Was the publication of state secrets justified?

SPS_Polis2014_01

Semi-Partisan Sam, attending the POLIS Journalism Conference for the first time, took the opportunity to ask the following question of the panel:

QUESTION – Given the facts: that Reporters Without Borders downgraded the UK from 29th to 33rd in the World Press Freedoms rankings for 2014;  that the British government now assumes the right to stop and detain partners and relatives of journalists at Heathrow airport under grossly misapplied anti-terror laws; that the Prime Minister last year saw fit to dispatch his Cabinet Secretary to the offices of a major national newspaper in order to threaten it with closure unless they desisted with the publication of materials embarrassing to the government; and that the government forced that same newspaper to destroy their privately owned computers and hard drives under the watchful presence of intelligence and GCHQ officers – why are we sitting here having an introspective debate about whether or not journalists are behaving like thugs when the real thug is clearly the bullying, heavy-handed British government?

The question was extremely well received among the attendees in the hall, prompting a significant round of applause from delegates. Sadly, this did not translate into a a full or robust answer from the panel, who at times had been happier to wander off-topic and waste time debating side issues such as America’s merits as a country and the proper role of the intelligence services.

The panel’s complete answer – such as it was – to the question can be seen in the video below (Semi-Partisan Sam is “the gentleman” referred to by Anne McElvoy):

The Economist’s Ed Lucas, an enthusiastic apologist for anything and everything that the government decides to do in the name of ‘security’, was obviously unsympathetic to the idea that the British government has displayed thuggish behaviour. But since even Lucas was unable to justify what the government has been caught doing without public knowledge or consent, he instead diverted attention by building up and then destroying a straw-man argument of his own creation – namely that those who speak out against government persecution of journalists who expose overreach by the security services are somehow naive pacifists who want to abolish the military and the intelligence services entirely.

Lucas said: “If you want to have a country which has no intelligence and security services, where there are no state secrets or no penalty for stealing state secrets, then fine – I guess that may be the world that the Green Party would like. I suspect it’s a minority point of view.”

This is a patently false and absurd proposition. No serious critic of the British or American governments as pertaining to their secretly allowing their security services to infringe on citizen privacy is suggestion that GCHQ, MI6, the CIA or NSA be disbanded, and Lucas insults our intelligence to cast this aspersion. The issue is not whether we have security and intelligence services, but the lengths to which we as a society are prepared to let them act in our interest.

The other fatuous argument sometimes made by apologists – and indeed by Ed Lucas himself during this same session – goes along the lines of: “Why are people so surprised that we have spies, and that they are involved in acts of spying?” Again, this is a deliberate and misleading attempt to change the terms of the debate. Citizens fully understand the need for foreign and domestic intelligence, but they also have the right to expect that the technology and bureaucracy of surveillance will not be turned inwards upon themselves. While no one expects (or demands) a list of current surveillance targets to be posted and regularly updated on the  internet, the public should have input as to the criteria for targeting through the democratic process.

It is a rather sad statement on the current status of British journalism that the only panellist to seriously engage with the question and agree that it is government – not the press – who have been acting the bully, was Annette Dittert from German broadcaster ARD.

Even the panel chair, Anne McElvoy, felt the need to reframe the question and make the unsubstantiated claim that Glenn Greenwald’s partner, David Miranda, had been carrying “shedloads of secrets with him” when he was detained at Heathrow airport, and that rather than being an outrage, this was just one of the “more difficult areas” where the public “might begin to have some doubts” and feel that the government has a case to answer.

In her response, Dittert correctly identified the apathy of the British people as being partly responsible for the lack of public outcry at the Edward Snowden revelations, saying that Britain has an “almost romantic relationship with the security services” – our experiences of the fictional James Bond being somewhat different to the German experience of the Stasi.

Responding to the question, Dittert said: “I thought it was really concerning – the Prime Minister threatening in the House of Commons a newspaper and journalists … in case they go on publishing is something that shouldn’t happen in a democracy.”

Dittert then went on to describe the way that The Guardian newspaper was treated as being “entirely wrong”.

It is profoundly worrying that even at a prestigious journalism conference such as POLIS 2014, so few of the attendees (and only one of the panellists – a German television correspondent) felt able to push back against the notion that it is the journalistic profession that has become the bully and the thug rather than the British government, whose track record on secrecy, paranoia and intimidation speaks for itself.

And while the POLIS 2014 conference was excellent, the fact that the whole day passed with virtually no observance or mention of the harrassment and intimidation of the British press by the goverment will only reinforce the belief that the establishment media with their well-connected sources and comfortable positions within the Westminster bubble are, at times, quite incapable of holding to account the government that they simultaneously both depend on and fear.