Archive | Civil liberties

Chelsea Manning winner of Blueprint Enduring Impact Whistleblowing Prize

Chelsea Manning, the former Army soldier convicted of the biggest leak of classified documents in U.S. history, was honored in absentia Monday at a London ceremony for her role in providing Wikileaks with secret documents concerning the wars in Iraq and Afghanistan.

Manning, 35, was named the winner of this year’s Blueprint Enduring Impact Whistleblowing Prize during an event hosted by Blueprint for Free Speech, a Melbourne-based nonprofit, at the London offices of the Thomson Reuters Foundation.

“The award recognizes the exceptional importance of the disclosures by Manning in revealing the illegal practice of torture and detention, and in increasing the public understanding of the impact of war on civilians.”

The Washington Times: Chelsea Manning honored with award, cash prize for WikiLeaks disclosures »

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Snowden on whistleblowing

When you first go on duty at CIA headquarters, you raise your hand and swear an oath — not to government, not to the agency, not to secrecy. You swear an oath to the Constitution. So there’s this friction, this emerging contest between the obligations and values that the government asks you to uphold, and the actual activities that you’re asked to participate in. (…)

By preying on the modern necessity to stay connected, governments can reduce our dignity to something like that of tagged animals, the primary difference being that we paid for the tags and they’re in our pockets. It sounds like fantasist paranoia, but on the technical level it’s so trivial to implement that I cannot imagine a future in which it won’t be attempted. It will be limited to the war zones at first, in accordance with our customs, but surveillance technology has a tendency to follow us home.

Edward Snowden in The Intercept: Whistleblowing Is Not Just Leaking — It’s an Act of Political Resistance »

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Todays TTIP leak and the Internet

Today a batch of documents concerning the Transatlantic Trade and Investment Partnership (TTIP) has been leaked by Greenpeace.

As suspected there are worrying indications when it comes to the future of a free and open Internet.

• TTIP might result in the EU and US being able to ignore fundamental human rights (such as the right to privacy) when it comes to telecommunications. This is serious, as such issues have been central in previous legislative acts concerning the Internet.

• With the EU-US Privacy Shield still being a pretty open issue, TTIP seems to move the issue of data transfers in favour of Big Data. It is doubtful if there will be any meaningful protection of personal data being transferred from EU to the US.

• When it comes to Intellectual Property (IP), there are signs that TTIP will move to make Internet Service Providers to “voluntary” police the net. In other words, TTIP seems to make another try to re-introduce IP provisions that the European Parliament has already rejected in ACTA.

IP issues in TTIP seems to be open for negotiations and last-minute amendments. EDRi explains…

Concerning so-called “Intellectual Property” (IP), the negotiators seem to take lobbyists’ wish list very seriously. According to the leaked report, “[w]hen confronted with EU warning that bringing sensitive proposals that would require changes in EU law to the table – and doing it at a late stage of the negotiation – may have a negative impact on stakeholders” (which would apparently not include citizens) “and has very limited chances of being accepted”, the US seemed to be prepared to depart from the model of the TPP. Among the proposals the US is thinking of tabling, it includes privatised enforcement measures, that EDRi has been criticising since its inception because they bypass the rule of law and lead to arbitrary corporate decision-making without accountability (cf. “voluntary stakeholder initiatives”). As with ACTA, the US is strongly supportive of “voluntary initiatives” as US-based global giants already impose US copyright law on a global level. The EU (as shown by the recent leak of the Communication on Platforms) supports this approach.

It’s still early days. And there is no lack of warning signals.

So, I guess there will be yet another battle over a free and open Internet. (Frustratingly, in part it seems to be the same battle over IP issues being fought over and over again.)

/ HAX

• Greenpeace: TTIP Leaks »
• EDRi: TTIP leaks confirm dangers for digital rights »
• The Guardian: Leaked TTIP documents cast doubt on EU-US trade deal »
• Europan Commission: EU negotiating texts in TTIP »
• EU Commissioner Cecilia Malmström: Negotiating TTIP »

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What to learn from the Abdesalam fiasco

Surveillance should only be directed against people who are suspected of (or to commit) serious crimes.

Mass surveillance – of everyone – only creates a bigger haystack, more false positives, and hamper police and intelligence authorities in their efforts to identify real threats.

Take the Abdesalam brothers in the Paris attacks as an example…

Both were known to Belgian authorities; both were suspected to prepare “an irreversible act”. For years.

This is a case of sloppiness, lacking resources and being Belgian.

Belgium might be a dysfunctional mess, but the problem is the same in other countries. The more mass surveillance data, the more police officers gazing at computer screens – the less security and safety.

Authorities all over would need to get serious, pretty quickly. There is no room for public sector inefficiency when it comes to fighting terrorism. There is no room for incompetence and idleness.

And there are no (valid and publicly acceptable) reasons to replace human intelligence with mass surveillance of the entire population.

The Americans might do it. The Russians and Chinese also do it, for sure. But that is no reason that Europe should. This is exactly what makes our liberal democracy so special. In Europe, we trust ordinary and law-abiding people enough to keep out of their private lives.

The Paris attacks were very real, sad and terrifying. The Abdesalm brothers are very real terrorists. This reality underlines that we need other methods to protect us from danger rather than mass surveillance and data retention. We need wise and competent people, knowing what they are doing. If there are any.

/ HAX

• Link: Belgian police knew since 2014 that Abdeslam brothers planned ‘irreversible act’ »

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Study: The surveillance state breeds fear and conformity and stifles free expression

A newly published study from Oxford’s Jon Penney provides empirical evidence for a key argument long made by privacy advocates: that the mere existence of a surveillance state breeds fear and conformity and stifles free expression. Reporting on the study, the Washington Post this morning described this phenomenon: “If we think that authorities are watching our online actions, we might stop visiting certain websites or not say certain things just to avoid seeming suspicious.”

The Intercept: New Study Shows Mass Surveillance Breeds Meekness, Fear, and Self-Censorship »

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A closer look at Hacking Team

Here is an interesting piece in Foreign Policy: Fear this man »

It’s about the Italian firm Hacking Team and its founder and CEO, David Vincenzetti. The article gives an interesting and chilling glimpse into the commercial side of providing governments with IT tools for surveillance – that also is being used by authoritarian regimes for oppression and disinformation.

“Privacy is very important,” Vincenzetti says on a recent February morning in Milan, pausing to sip his espresso. “But national security is much more important.”

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Germany: Politician arrested for reciting anti-Erdogan poem at rally

“During a rally supporting comedian Jan Boehmermann, Bruno Kramm, the head of the Berlin branch of Germany’s Pirate Party, was arrested for “insulting a representative of a foreign state” by quoting a line from the comic’s satirical poem slamming Erdogan.

German police arrested Kramm while he was conducting a “literary analysis” of the German comedian’s satirical poem in front of the Turkish embassy in Berlin during a protest held under the slogan “No Power for Erdowahn, Freedom Instead of Erdogan” [Keine Macht dem Erdowahn, Freiheit statt Erdogan], the Morgenpost newspaper reported.”

• Pirate Party’s leader detained in Germany for citing poem about Erdogan »

• Berliner Piraten-Chef bei Erdogan-Demo festgenommen »

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Germany, Snowden and Russia

Last Friday German magazine Focus ran an interview with the country’s two top spies — Gerhard Schindler, of the Bundesnachrichtendienstes (BND) and Hans-Georg Maaßen, of the Bundesamtes für Verfassungsschutz (BfV).

In short, they are annoyed that Edward Snowdens exposure of NSA mass surveillance puts Germany and the UK in an uncomfortable spot. They even implied that Snowden could have been acting under the influence of the Russian government.

“Leaking the secret service files is an attempt to drive a wedge between western Europe and the USA – the biggest since the Second World War,” Hans-Georg Maaßen, head of Germany’s domestic intelligence agency (Verfassungsschutz), told Focus in the double interview.

The translation above from The Local.de. This has gained some attention in the media and Western military circles. So, let’s take a step back and try to look at the wider picture.

Yes, it is a problem that very little is known about mass surveillance carried out by e.g. Russia and China. But you cannot blame Snowden for this. He worked for a contractor to the NSA and leaked what he found to be unacceptable violations of civil rights. Furthermore, the NSA is an intelligence organisation in a democratic country; that should be held responsible under the rule of law. It is not a level playing field. But our western democracies are better than authoritarian and totalitarian states – and our authorities should be held accountable according to a higher standard. Especially when they spy on their own citizens.

Yes, it is a problem that Edward Snowden is stranded in Russia. But that does not make him a Russian spy or mouthpiece. The reason he is in Moscow is: 1) When he arrived there for transit, the US had revoked his passport. 2) No western democracy is willing to grant Snowden asylum. If German authorities are willing to grant him shelter and protection – he can be in Berlin pretty quickly, where a parliamentary inquiry would love to meet with him. (However, I don’t think German intelligence services are all too keen about that prospect.)

And naturally Germany and the UK are being criticized. They deserve to. German intelligence has been spying on companies, businesspeople, and political figures in Germany and allied European nations on behalf of the NSA. And they have lied about it in front of German parliamentarians. In similar ways, the British GHCQ have been acting far beyond its mandate. Both countries are close allies with the US and both countries intelligence authorities have a close cooperation with the American NSA. So, it is not the least strange that German BND has come under scrutiny. But they can blame no one but them selves.

But OK, no one can tell for sure if Snowden is a (knowing or unknowing, willing or unwilling) Russian spy. But that does not alter the fact that his revelations have huge implications for how our democratic societies are run. It is extremely important that this information has come to the public’s knowledge. To defend a free and open society, we must stick to democratic principles, rules, and legal frameworks.

The best, easiest and most decent thing would be to grant Edward Snowden asylum in Germany – and let him testify in front of relevant parliament committees. But I guess that will never happen.

/ HAX

• The Local.de: German spies imply Snowden leaked files for Russia »
• Focus: Doppel-Interview mit Gerhard Schindler und Hans-Georg Maaßen: Kreml versucht den deutschen Bundestag zu infiltrieren – Russen treiben mit Hilfe des Whistleblowers Snowden einen Keil zwischen Westeuropa und den USA »

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“Microsoft sues government for secret searches”

Microsoft filed a landmark lawsuit against the U.S. Department of Justice on Thursday, taking a stand against the way federal agents routinely search its customers’ personal information in secret.

The company accuses the federal government of adopting a widespread, unconstitutional policy of looking through Microsoft customers’ data — and forcing the company to keep quiet about it, sometimes forever.

CNN: Microsoft sues government for secret searches »

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European Parliament to approve PNR next Thursday

The European Parliament will have what is believed to be its’ final vote on EU Passenger Name Record (PNR) in Strasbourg next Thursday, April 14.

For years, the Parliament has tried to stop registration of sensitive personal information related to air travel. But after the latest terrorist attacks, pressure has mounted, and everything suggests that the dossier will be approved during next week’s session.

From the European Parliaments webpage:

Passenger Name Record (PNR) data is information provided by passengers and collected by air carriers during reservation and check-in procedures. Non-carrier economic operators, such as travel agencies and tour operators, sell package tours making use of charter flights for which they also collect and process PNR data from their customers.

PNR data include several different types of information, such as travel dates, travel itinerary, ticket information, contact details, baggage information and payment information.

Parliamentarians have had serious concerns about the impact of PNR on fundamental rights and data protection.

Now he PNR dossier is said to be voted together with the EU Data Protection package – at least allowing some coordinated approach.

Formally, EU PNR is about information regarding passengers arriving on flights from non-EU countries. But there is no doubt this will also apply to intra-EU flights.

So, governments will store information about all of people’s air travel, in detail. This is to be added to information about e.g. all of our telecommunications and our bank transactions. The grip tightens.

(It could have been even worse. Earlier on in the process, the U.K. put forward the idea that all our train travel, car rentals, and hotel stays should also be registered. But I guess they decided to take this one step at a time.)

If nothing short of a miracle occurs, next Thursday the EU will take its’ next step towards Big Brotherism.

/ HAX

Links:
• EP: Final votes on PNR and data protection package »
• News on PNR from the EP (16 July 2015) »
• EP: Much Ado About PNR (19 Jan. 2015 »
• EP: EU Passenger Name Record (PNR) proposal: an overview (14 Dec. 2015) »
• MEPs refuse to vote on PNR before Council strengthens data protection (9 March 2016) »

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