Category: Democracy

Citizens or serfs?

One way of looking at society is that it consists of free individuals – citizens – joined in a community. And in a democracy, the people elect a group of peers to manage a limited amount of things that are better handled together. But people are, in general, responsible for their own lives. This is a firm and sound bottom to top approach.

Then we have the opposite, the top to bottom point of view. Here politicians and bureaucrats are the nuclei of society. It is what they want that is important and they claim to have some sort of right to decide over other people. This ruling class can enforce its will with the help of its armed wing, the police. In this society, the people is totally subordinate to the state and its needs (and whims). This type of society is predisposed for central planning and control. And it is less resilient, as it will have many potential single points of failure.

Today’s modern western societies mainly fall into the latter category. We, the people are not free citizens — but serfs.

The concept of mass surveillance makes perfect “sense” from this perspective. You will have to control the people, supervising that it is doing what it has been told to do. And those in power often find it useful if the people fear the state, at least to some degree.

Meanwhile, governments are becoming less transparent. Ever more deals are struck behind closed doors. Democracy has become an empty excuse for rubber-stamping laws and rules that mainly benefit the system, those in power and their special interest friends.

Recently, the US took the top bottom approach to new extremes. The tax authorities, the IRS, now has the power to revoke people’s passports. If you owe taxes to the government, you can be prevented from leaving the country. What is this, if not serfdom?

The question is what to do about this development towards an ever more totalitarian society. Why are there no steadfast and reliable political forces trying to lead society right again? (Yes, I know. Libertarian political leadership is in so many ways a contradiction in terms. But what is the alternative?)

/ HAX

The normalisation of mass surveillance

Once upon a time, there were rumors about a global surveillance network — Echelon. When the European Parliament decided to look into the matter, it turned out it did indeed exist. For years to follow there were rumors about US intelligence organisation NSA and its new capabilities to “collect it all”. And a few years ago, the Snowden documents exposed exactly that.

Then followed a state of resignation.

In 2013/14, it was brought to light that the NSA might have compromised the international clearing system for bank transfers, European run SWIFT. It’s a bit odd, as the US can have as much information about European bank transfers as they want, in accordance with the EU-US TFTP agreement. Newer the less, there were strong indications of something going on. This time the European police agency, Europol, didn’t even bother to look into the matter. In a European Parliament hearing Europol director Bob Wainwright explicitly said so. (The hearing is quite surreal. It’s all on video here. »)

In Germany, politicians softened their tone against the US/NSA when threatened with limited access to US intelligence. It also turned out that under the level of political polemic, the BND had been working very closely with the NSA all the time. And in Sweden, according to the Snowden files, SIGINT organisation FRA has access to NSA superdatabase XKeyscore. Swedish politicians (including the Greens, who are now in government) will not even comment on the legality of this.

The European Court of Justice has invalidated the EU data retention directive, finding it in breach of fundamental human rights. Never the less most EU member states are upholding (and in some cases implementing) data retention, leading national constitutional courts to object. But data retention fits well with US surveillance systems, so it seems to be less important if it is legal or not.

I could go on, but I better get to my point.

Politicians and intelligence bureaucrats are sending some pretty clear signals these days. They do not care about what is legal or not legal. They do not care if being exposed. They do not even comment on issues that ought to be fundamental in a democracy. The message is: This is the way it is. Live with it.

If there was ever need for a broad political movement against mass surveillance, it is now.

/ HAX

Short-circuiting democracy the EU way

Laws should be made in a transparent way and in a dialogue with the rest of society.

In the EU, lawmaking (directives) is supposed to meet such criteria: It often starts with a public consultation followed by a proposal from the European Commission. Member states are heard in the Council and the people’s elected representatives can amend and adopt or reject such proposals in the European Parliament. The Council and the Parliament will have to agree for a directive to be passed. A proposal can be rejected up to three times in the Parliament before it has to be withdrawn by the Commission. (It can then be re-written or withdrawn altogether.)

This is a slow process. And that is a good thing. Laws should not be rushed trough.

But the EU is an inpatient organization. Often there are special interests pushing for a directive, pressure from abroad or some other hidden agendas pushing the legislative dossiers.

So the EU is using an instrument called trialogues to speed things up. These are not supported in the treaty of the European Union. They are just… used.

The purpose of a trialogue is to speed up legislation. In this process representatives from the Commission, the Council and the Parliament hold meetings behind closed doors – negotiating for some sort of a compromise. The records are secret and often it is also a secret who attends these meetings. There is no transparency and no way to hold anyone accountable.

These trialogues are ever more common. Some years, there can be up to 700 of them. Today most legislative dossiers are exempted from the regular democratic process in the EU and settled in trialogues.

The result is that the public and the media is being kept away from the process. Civil society, activists and the academic world have no way to influence what is going on — not even if something is going terribly wrong.

Trialogues are especially common when it comes to matters concerning mass surveillance, copyright and telecommunications (such as Internet related issues). Here the power elite and special interests are particularly intent to avoid public scrutiny.

After a trialogue, the Council and the Parliament still will have to adopt or reject the proposal. But in general, it is always adopted by mildly embarrassed politicians — who know that there are back-room deals that should not be scrutinized too carefully.

When I used to work in the European Parliament, there was a joke that was too close to the truth for comfort: In the EU, first they decide. After that, there might be a discussion. And after that, in some cases people even might bother to find out the facts.

In the EU, the democratic process has been short-circuited.

/ HAX

Links:
• Civil society calls for reform of trialogues in a letter to EU Commission, Parliament and Council »
• Ombudsman opens investigation to promote transparency of “trilogues” »
• The Council challenges the right of the European Ombudsman to conduct an inquiry into secret “trilogues” (in which most EU legislation is decided) »

We are all under surveillance: Re-group. Re-think.

After the Paris attacks politicians, police and the intelligence community are tumbling over each other eager to introduce even more mass surveillance.

This will direct resources away from regular police and intelligence work. It will not protect us, but could rather make us all less safe. But then again, mass surveillance isn’t really about terrorism. Obviously, it’s about control.

Terrorism (plus serious crime, drug trade, trafficking, child protection and the copyright legal framework) is being used as a pretext for doing what politicians cannot openly admit.

But facts are straight forward: We are all under surveillance.

The fight for people’s right to privacy must and will go on. But we also must recognize the fact that we are already living in a Big Brother society. It might be about time to re-group and re-think. Where do we take the fight for a free and open society from here?

There is the political road. Defending human and civil rights, you can punch over your weight. It all boils down to principles about democracy, rule of law and the relation between citizens and the government. In that context, most politicians cannot afford to appear as if they don’t care. Not in public.

And there is the technical road. Let’s start with something reasonable: Could anybody please make strong e-mail encryption really, really user-friendly? It shouldn’t be impossible. Or let’s take a wider approach: Can the entire internet protocol be replaced with something new and more privacy friendly?

The fight will go on. And you can be certain of one thing: Regardless of how much surveillance we have, the ruling political and bureaucratic classes will always find reasons to introduce more.

/ HAX

Mass surveillance makes us less safe

BanksyParis

Our thoughts are with the victims of the terror attacks in Paris.

But we should not allow ourselves to react in a thoughtless way. Terrorists want to impose fear –leading us away from a free, open and democratic society.

France already has one of the most intrusive regimes of mass surveillance in the western world. Apparently, this did not stop the terrorists.

Actually, it might very well be that mass surveillance makes us all less safe. The number of “false positives” makes serious police work more difficult. Dependence on electronic surveillance systems also directs resources away from old fashion police activites, intelligence operations, informed analysis and “HUMINT” (Human Intelligence).

Naturally, there is a place for advanced forms of electronic surveillance. But it should be focused on individuals and groups who are suspected to prepare for criminal activities. And to identify such targets, HUMINT is essential.

Time and time again it has been revealed that terrorists have been on the security services radar before striking. But the what, where and when is normally never communicated in ways that can be intercepted by mass surveillance. Here you need targeted surveillance, old-fashioned spies and qualified intelligence analysis. This is hard work, it takes time, it is costly and it can be dangerous. But it is what is effective to keep us reasonably safe from terrorism. (If at all possible.)

And given that the whole point of fighting terrorism is to defend our free, open and democratic society — it would be counter-productive to treat all citizens as potential terrorists and criminals. The people is not the problem.

/ HAX

European Parliament supports Snowden and Badawi

Thursday was in some aspects a good day in the European Parliament.

In a resolution on mass surveillance (I’ll get back to that one when we have the final, consolidated text) the EP voted on the Edward Snowden case. (Link»)

By 285 votes to 281, MEPs decided to call on EU member states to “drop any criminal charges against Edward Snowden, grant him protection and consequently prevent extradition or rendition by third parties, in recognition of his status as whistle-blower and international human rights defender”.

A very slim victory, but still a victory.

However, most EU member states refuse to give Snowden asylum or other forms of protection. It has been said that they cannot deviate from normal asylum routines (including that the asylum seeker would have to show up in an EU country to have his case examined). But one should keep in mind that most EU states have granted human rights activists and dissidents protection on purely political grounds outside the ordinary asylum process.

So, it’s purely about political will.

Today the EP also rewarded its human rights award — the Sakharov prize — to the Saudi liberal blogger Raif Badawi. (Link»)

Badawi has been put in prison for ten years and is also sentenced to 1,000 lashes for having “insulted” the Saudi political system and the religion.

“This man, who is an extremely good man, an exemplary man, has had imposed on him one of the most gruesome penalties,” Mr Schulz told a packed European Parliament assembly in Strasbourg, France.

“I call on the Saudi king to immediately free him. Relations depend on human rights being respected by our partners… they are not only not being respected but are being trodden underfoot.”

This is a strong political signal, even though it might not really interfere in any substantial way when it comes to relations between the EU and Saudi Arabia. (Unless the Saudis goes bananas, as they have done when being criticised about the Badawi case on earlier occasions.)

/ HAX

Mass surveillance is a perversion of democracy

Mass surveillance raises not only questions about privacy, Big Brotherism in general and the surveillance state as such. It is also a matter of democracy.

Proponents of mass surveillance often argue that there is a collective interest that eclipse private individuals right to privacy (which, by the way, is a fundamental human right).

They argue that mass surveillance is necessary to guarantee all citizens security. They say that we must balance the need for security against our fundamental rights. (But the very reason some rights are considered to be fundamental is that they should never be limited or violated, no matter what.) And the nomenklatura suggests that all that they do is done for your benefit and security.

But as we have learned, care for private citizens are not the real concern for NSA, GCHQ & Co. The purpose of mass surveillance is to protect the state — politicians, bureaucrats, special interests and the system. Everything else is just window dressing.

One should recognize that society is not our political leaders and their functionaries. Society is a large number of private individuals, who are unique and free citizens. Not a faceless mass of subordinates.

Mass surveillance is an indication that the ruling classes considers themselves — not the people — to be the core of democracy. That is a perversion of the word democracy. True public interest must focus on respecting all citizens and their fundamental rights.

In a democratic society, you only apply surveillance against people who are suspected for serious crime — not the general public. In a decent society, you trust people until there is substantial reason to do otherwise.

Simply, you cannot defend a free and open democratic society by violating the people’s fundamental civil and human rights.

/ HAX

Anonymous declares war on the Thai junta

This is interesting. In strong language, Anonymous Asia declares war against the military Thai government. Carefully avoiding to mention the Royals.

So what brings Anonymous back to life?

Government of the Kingdom of Thailand, it has come to our attention that you have decided to disregard your citizens, the people of this country, and have persisted to project an unique Gateway to the Internet, in running a system which only benefits yourselves and the giant corporate bodies operating.

Internet mass surveillance, in other words. Leading to…

The latest project of the Thai military government is to deploy a single gateway in order to control, intercept and arrest any persons not willing to follow the Junta orders and your so called moral.

And it gets personal…

We will not only fight against the single gateway project but will expose your incompetence to the world, where depravity and personal interests prevail.

Copy to kill for.

So what is all this? Let’s pick an online article, of many: Big Brother is watching Thailand »

Apparently it is not just about censorship any longer, but total mass surveillance. Including HTTPS.

The words ending the Anonymous Asia message are strong and brave, for addressing a military junta…

Together we stand against the injustice of your Government, tomorrow you will pay the price of your oppression against your own people.
You can arrest us, but you can’t arrest an idea.

Thailand is now on our radar.

Anonymous Asias proclamation, as published on Pastebin »

/ HAX