Monday, December 16, 2013 

We don't need no damn facts here boy.

Facts are great.  You can prove anything with facts.  But you know what's better?  Debates based around complete and total ignorance.  Yeah!  You know the ones, the kind we have when the great British public think 15% of 15-year-old girls get pregnant every year, or that 31% of the population are immigrants.  These debates are the best for the obvious reason that you can say absolutely anything, and because we simply don't have even the slightest inkling of what the reality is, everyone wins.  Did you know that 90% of 18-24 year-olds now have tattoos?  Actually, that's bullshit, the figure is closer to 25%. I don't think that's right.  Yeah, well, you're the one who's wrong, idiot.  What did you call me?*

And so on.  Much of politics does of course revolve around ignorance, whether it be from the politicians themselves, such as over internet safety/pornography, or indeed dealing with the fallout from the public's own perception of the nation, itself fuelled by the nation's finest newspapers and broadcasters.  It's surely come to something though when we have politicians at an evidence committee agreeing that we don't need any damn facts in order to have a debate.  Both Ian Austin, clearly one of Labour's finest, and Theresa May concurred that we could have just as good an in-depth and informed discussion on GCHQ and state surveillance without the Guardian having published so much as a single document from Edward Snowden.

To be fair, this is at least an improvement on the government's previous position.  First they told the Guardian that they'd had their debate and it was time to hand over all the documents; now we can have a debate for as long as we like, it's just they'd really rather like it if we didn't know GCHQ was busy mastering the internet, or failing to crack Tor, or being funded by the NSA, or has the capabilities they were demanding in the data communications bill and so we instead mainly talked of how wonderful the security services are at keeping us safe.

Theresa May is certain then that terrorists have been helped thanks to Snowden and the Graun.  She doesn't have evidence that they have, as she repeatedly failed to say whether MI5 had let her in on how the various al-Qaida nasties have been rubbing their heads with glee as revelation has followed revelation.  Merely, she was convinced by what she had "seen and heard" that national security had been damaged.  In other words, as with others who have gone before her, May seems to be suggesting that anything with the potential to help terrorists, regardless of how slight or how ridiculous it is for say the location of Faslane to remain secret should remain that way just in case someone with a beard and a backpack should turn up in the vicinity.  Thankfully, other officials with slightly more sense than our politicians decreed a few years back that not identifying army bases on maps was really fantastically stupid, and the same principle applies here.  Anyone planning on launching an attack would have to be really quite daft not to think the potential was there for either the police or MI5 to be listening in.

The predictable nonsense out of the way, the rest of the session was a bit more illuminating, and an improvement on the appearance of the chief spooks themselves.  Without saying so, May more or less made clear that only the ISC will be allowed to question our friends in the intelligence agencies, despite Parker having seemingly agreed to appear before Keith Vaz and friends.  She also doesn't think that members of the ISC should be elected, rather than chosen by the prime minister, hence why such first rate minds as Hazel Blears are on the committee rather than say anyone with a healthy scepticism of the executive.  Nor do we know if the spooks have been so much as consulted over how it was Snowden managed to get hold of hundreds of thousands of documents, or whether the access regime has been changed, as May only said she was sure they would have been consulted.  Considering the NSA still hasn't managed to work out exactly what Snowden took, you have to doubt quite how seriously they will have taken our concerns.  


May also said that 9 of the 10 people currently on TPIMs are British, whereas all of those who had been under control orders were foreign nationals.  In other words, and as Phil pointed out in the comments last month, we now have a system only slightly removed from control orders that mainly targets British citizens rather than those who couldn't be deported, and yet no one seems to be asking why it is these people can't be prosecuted as opposed to partially deprived of their liberty on the basis of secret evidence.

See, dangerous things those facts.  They cause problems, and start campaigns.  Far better that we have a monopoly on them, or better yet, dispense with them altogether.  Something they're already doing at Michael Gove's free schools.  Bad-ba-dum tsk.

*I have no clue what the real percentage is, and I also don't care.

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Wednesday, December 11, 2013 

Parker saved from having to stick his nose in.

Andrew "nosy" Parker, the head of MI5, will not then be giving evidence to the Home Affairs committee after all.  In what must rank as the most analogous instance of a grown man being got out of a potentially sticky situation by the equivalent of a note from his mum, Theresa May has decreed that for the chief spook to appear before another committee, albeit a select committee rather than a statutory one, would be to duplicate the ISC's work.  This is an interesting new innovation on the part of the coalition: apparently you can't have two inquiries into the same thing going on at the same time, unless of course the object of the inquiries is to try and get one over on the Labour party, in which case you can have innumerable different investigations into the Co-op Bank and Paul Flowers.  To be fair, it reminds just as much as Labour's position on a further inquiry into the Iraq war while troops were still in the country.  Once they were back home, then we could have the Chilcot inquiry.  Until then, and regardless of how in the past we'd managed to have inquiries into debacles in both WW1 and WW2 without damaging the mission, we couldn't possibly hold one.

You can at least see why Theresa May has "declined" the committee's request to call Parker.  What's the point of the ISC if the heads of the intelligence agencies can also be called to account by other, normal, parliamentary committees?  If the Home Affairs committee had been allowed to question Parker without first informing him of what they intended to ask, as the ISC did in its carefully stage managed session, then it would rather undermine the whole haven't we changed into tremendously open and answerable organisations narrative.  This doesn't explain however why security service heads have previously given evidence to the home affairs committee in private session without any such difficulties; what would be so different in doing so in public post the first ISC appearance?

Except, as was clear after Alan Rusbridger's appearance, the most pertinent question to ask of Parker is the one he doesn't have an answer to.  Both he and the government know full well there has been no real damage caused by the Edward Snowden revelations, except that is to their reputations and the "oversight" regime.  While there was no guarantee Parker would have expanded on his and his fellow spooks' answer to the ISC that they could only go into specifics in closed session, it would have been embarrassing to say the least to have to repeat his response without doing so.  The committee could also have asked some of the questions the ISC didn't, and Parker would additionally have had to confront the increasing number of those demanding reforms to the current legislation that regulates surveillance.  There was also the possibility the trial of the two men accused of killing Lee Rigby might have concluded by the time of the session, with the potential for embarrassing revelations still to emerge which Parker could have been put on the spot over.

Much the same thinking seems to have been behind David Cameron's refusal to allow Kim Darroch, the national security adviser to give evidence, after Chris Huhne revealed that the national security committee had not been informed of the existence of Tempora.  Apparently this would have set a "difficult precedent", or rather, would have been acutely embarrassing and revealing about the levels of secrecy even at the very heart of government.  As Keith Vaz said, regardless of who they are, witnesses should not be afraid of questions from MPs, nor should the prime minister or home secretary be dictating over the heads of committees who can and cannot give evidence.  The government and security service have got into this mess through their own ridiculously overblown reaction to Snowden's whistleblowing; they should not be allowed to get out of by shifting the goalposts.  That can be left to the badgers.

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Wednesday, December 04, 2013 

I love a free country.

In the final episode of Blackadder Goes Forth, Edmund's plan to get out of going over the top by pretending to be mad having come to nothing, General Melchett inspects the troops one last time.  Turning to Baldrick, he asks if he loves his country.  Certainly do sir, he responds.  And do you love your King? Certainly don't sir.  Bristling, literally, Melchett asks why not.  My mother told me never to trust men with beards, sir, comes the answer. Melchett laughs, exclaims on the excellence of native cockney wit, and punches Baldrick in the face.

I relate this only due to Keith Vaz yesterday deciding to ask the same question of Alan Rusbridger during his appearance in front of the Home Affairs committee, although without also enquiring of his loyalty to the Queen, motherhood, apple pie and all that.  Vaz's interjection clearly wasn't meant seriously, as much being a swipe against those who have accused the Guardian of treachery over the publication of the Snowden files as it was anything else, but it summed up the shallowness of the session while at the same time highlighting the undercurrent of threat manifest in the statements of the Conservative front bench.  You can have a debate on the security services and how they've mastered the internet, it's just we'll be the ones to decide when that debate ends and when it's time for the stolen files to be turned over.

Having completely failed to provide any evidence of harm caused by the Guardian's articles, as almost everyone other than the securocrats has said they can't see how national security has been damaged (including the DA-Notice committee), those calling for a prosecution have had to change tack.  In a brilliant example of not being able to see the wood for the trees, four members of the committee (Three Tory, one Labour) focused instead on how the Snowden files had been transferred to the New York Times and elsewhere, supposedly putting at risk the agents named in the documents.  As section 58a of the Terrorism Act 2000 makes it an offence to publish or communicate any such information that might be useful to terrorists, Mark Reckless especially thought he had caught Rusbridger out.  Quite apart from how, as Rusbridger tried to explain to him and the others, there haven't been any names released nor will there be so there isn't a breach of the law, the act provides a "reasonable excuse" defence.  If the security services and the government want to make a case in court that the paper has not acted in the wider public interest, then they should bring it on.

It is after all just ever so slightly perverse to worry more about the Graun transferring heavily encrypted files either by FedEx, David Miranda (the password he had on a piece of paper was not to the files themselves, Rusbridger said, but to an index to the files, the encryption on which GCHQ has not been able to break) or to the New York Times than it is to be concerned at how 850,000 individuals in the United States had, or possibly still have access to the same material as Edward Snowden.  Snowden wasn't even directly employed by the National Security Agency, rather by a contractor, and yet the same MPs grievously concerned that the Graun might have revealed the identities of GCHQ employees didn't seem to think this was worth worrying about.  Is every single one of those people reliable, or is it possible there's others with allegiances far more inimical to the West's values than that of a former Ron Paul supporter?  For all we know the files may have long been in the hands of the Chinese or Russians precisely because of the wide open access GCHQ was apparently happy with.

Michael Ellis for one was certain of the Graun's treachery.  Not only had the paper revealed there was a LGBT group at GCHQ (as was openly stated on err, Stonewall's website), he also came right out and asked if Rusbridger would have revealed the existence of Enigma.  Leaving aside the obvious existence of censorship during WW2 and the complete absence of any threat even slightly comparable to that of Nazi Germany today, it highlighted the inability to listen of some of those on the committee.  Despite the protestations afterwards, the paper has communicated with both the US and UK governments as well as the security services and the DA-Notice committee before publishing each report, only not doing so before it splashed on the original GCHQ spying on the G20 story.  If there had been any material about to be revealed which they believed could truly do damage on the scale of say, the existence of Enigma being revealed to the Germans, they would have said so.  They have not.

Just as with the appearance of the spy chiefs before the ISC, having already been told precisely what they were going to be asked, much of the rhetoric is just to keep up appearances, and that probably goes for the Graun as well.  It will however be interesting to see whether Andrew Parker does agree to give evidence in public before the committee, having been asked by Keith Vaz, and whether he will set out exactly how the Snowden revelations have affected the work of his agency.  Some members of the committee might even enquire just how far the discussions have gone between GCHQ and the NSA over the massive sharing of their documents, and whether the fact the NSA has funded GCHQ to the tune of £100m over the past three years has anything to do with it.  Or we might just get the equivalent of a punch to the face again.

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Wednesday, November 21, 2007 

56/8 days dies a further death.

The government's trying to sell more than one kind of cold sick.

Moving on from one abuse of power to a potential other, the plans to extend 28 days must lay even further in tatters following the evidence given to the home affairs select committee by both the director of public prosecutions, Ken Macdonald, and the former attorney general, Lord Goldsmith.

While yesterday saw the head of MI5, Jonathan Evans, fresh from predicting new doom to the press having to give evidence in private, believed to have said that it was not his role to comment on whether an extension was needed, which raises the question of why he needed to say such a thing behind closed doors, today's evidence was also expected but no less compulsive for it. Ken Macdonald, who previously made a principled and more than welcome call for the end to the war metaphor when tackling the terrorist threat, one that seems to have been accepted and put into practice, could perhaps have been expected to say that he saw no evidence for a further extension and that the CPS was happy with the current limit.

Lord Goldsmith, on the other hand, the man who rubber-stamped Blair's war through the swift modifying of his legal advice that had previously tied itself in knots, and also gave the OK to the dropping of the Serious Fraud Office inquiry into BAE's slush fund for the Saudis, would have been expected to stay loyal regardless of his departure from government. It's also astounding just because of what else Goldsmith got up to while attorney general, arguably tarnishing the post for good. Why be principled over detention without charge when he has had a hand in the enormous bloodshed in Iraq thanks to our unnecessary joining of the US invasion that his changing of his legal advice permitted? How could he have been prepared to put BAE above suspicion and make the rule of law a laughing stock yet resign over 90 days? Also, in general, to make your point about how you disagree with a government policy if you're a minister is to resign prior before it going before the House of Commons; can Goldsmith really be excused from doing this just because he was a peer? Was he perhaps motivated by the belief that if he did so, and the vote was lost, as everyone expected it would be, that he'd force Blair to resign with him?

It's impossible to know, but his intervention now is still welcome, if only because of the huge embarrassment it will cause Brown, especially at a time when the whole government is under pressure due to its startling incompetence. Revealing also was that he believed he was the only one in cabinet to feel so strongly; an indictment on the illiberal and supine nature of Blair's chosen few, especially those such as Patricia Hewitt and Peter Hain who had backgrounds in campaigning on civil liberties.

The only people now still calling for an extension seems to amount to Sir Ian Blair, a man responsible for the most heinous behaviour dolled out to a man shot dead in an anti-terrorist operation, some chief police officers who previously phoned up MPs' and so annoyed some that they felt they were being lobbied, and the government, with Brown sitting on anyone who betrays a moment's doubt, backed up by the Sun newspaper, the Times, the Express and probably the Mail. Everyone else is completely opposed, although where the public itself stands at large is unknown. In the current climate you can't quite believe that Brown would still attempt to force through the measure, but if all has died down again by next year all bets might once again be off.

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