Revealed: UK Government let British company export nerve gas chemicals to Syria; UK accused of ‘breath-taking laxity’ over export licence for potassium fluoride and sodium fluoride

The Government was accused of “breathtaking laxity” in its arms controls last night after it emerged that officials authorised the export to Syria of two chemicals capable of being used to make a nerve agent such as sarin a year ago.

The Business Secretary, Vince Cable, will today be asked by MPs to explain why a British company was granted export licences for the dual-use substances for six months in 2012 while Syria’s civil war was raging and concern was rife that the regime could use chemical weapons on its own people. The disclosure of the licences for potassium fluoride and sodium fluoride, which can both be used as precursor chemicals in the manufacture of nerve gas, came as the US Secretary of State John Kerry said the United States had evidence that sarin gas was used in last month’s atrocity in Damascus.

Mr Kerry announced that traces of the nerve agent, found in hair and blood samples taken from victims of the attack in the Syrian capital which claimed more than 1,400 lives, were part of a case being built by the Obama administration for military intervention as it launched a full-scale political offensive on Sunday to persuade a sceptical Congress to approve a military strike against Syria.

The Department for Business, Innovation and Skills insisted that although the licences were granted to an unnamed UK chemical company in January 2012, the substances were not sent to Syria before the permits were eventually revoked last July in response to tightened European Union sanctions.

In a previously unpublicised letter to MPs last year, Mr Cable acknowledged that his officials had authorised the export of an unspecified quantity of the chemicals in the knowledge that they were listed on an international schedule of chemical weapon precursors.

Downing Street insisted today that Britain’s system for approving arms exports to Syria is working even though licences for two chemicals capable of being used in making nerve gas were approved by the Government and blocked only by EU sanctions.

The Prime Minister’s official spokesman said: “You see the system working, with materials not exported. The facts are that the licences were revoked and the exports did not take place. The Prime Minister’s view is that that demonstrates that the system is working. There is a sanctions regime, which is a very active part.”

Critics of the Business Secretary, whose department said it had accepted assurances from the exporting company that the chemicals would be used in the manufacture of metal window frames and shower enclosures, said it appeared the substances had only stayed out of Syria by chance.

The shadow Business Secretary Chuka Umunna told The Independent: “It will be a relief that the chemicals concerned were never actually delivered. But, in light of the fact the Assad regime had already been violently oppressing internal dissent for many months by the beginning of 2012 and the intelligence now indicates use of chemical weapons on multiple occasions, a full explanation is needed as to why the export of these chemicals was approved in the first place.”

The Labour MP Thomas Docherty, a member of the Commons Arms Export Controls Committee, will today table parliamentary questions demanding to know why the licences were granted and to whom.

He said: “This would seem to be a case of breath-taking laxity – the Government has had a very lucky escape indeed that these chemicals were not sent to Syria.

“What was Mr Cable’s department doing authorising the sale of chemicals which by their own admission had a dual use as precursors for chemical weapons at a time when the Syria’s war was long under way?”

The licences for the two chemicals were granted on 17 and 18 January last year for “use in industrial processes” after being assessed by Department for Business officials to judge if “there was a clear risk that they might be used for internal repression or be diverted for such an end”, according to the letter sent by Mr Cable to the arms controls committee.

Mr Cable said: “The licences were granted because at the time there were no grounds for refusal.”

Although the export deal, first reported by The Sunday Mail in Scotland, was outlawed by the EU on 17 June last year in a package of sanctions against the regime of Bashar al-Assad, the licences were not revoked until 30 July. Chemical weapons experts said that although the two substances have a variety of uses such as the fluoridation of drinking water, sodium and potassium fluoride are also key to producing the chemical effect which makes a nerve agent such as sarin so toxic.

Western intelligence has long suspected the Syrian regime of using front companies to divert dual-use materials imported for industrial purposes into its weapons programmes. It is believed that chemical weapons including sarin have been used in the Syrian conflict on 14 occasions since 2012.

Mr Cable’s department last night insisted it was satisfied that the export licence was correctly granted. A spokesman said: “The UK Government operates one of the most rigorous arms export control regimes in the world.

“The exporter and recipient company demonstrated that the chemicals were for a legitimate civilian end-use – which was for metal finishing of aluminium profiles used in making aluminium showers and aluminium window frames.”

Cahal Milmo, Andy McSmith, Nikhil Kumar
Monday, 2 September 2013

Find this story at 2 September 2013

© independent.co.uk

UK ‘approved nerve gas chemical exports to Syria’

British companies were given government licences in January 2012 to export chemicals that could have been used to make nerve gas in Syria, ten months after civil broke out in the country, it was revealed Sunday.

The UK government approved licences for British firms in January 2012 to export chemicals to Syria that could have been used to produce nerve gas, it emerged Sunday.

Export licences for potassium fluoride and sodium fluoride were granted ten months after the country descended into civil war, reports first published in the Scottish Sunday Mail revealed.

The licences specified that the chemicals should be used in industrial processes, but fluoride is also a key element in the production of chemical weapons such as sarin – thought to be the nerve gas used in the Assad regime’s alleged August 21 attack in a suburb of Damascus.

Although the licences were revoked six months later, this was due to EU-imposed sanctions on the Assad regime, rather than a decision by the UK government.

The issuing of the licences, by the Department for Innovation, Business and Skills, was confirmed by a little-publicised letter sent in September 2012 by Business Secretary Vince Cable to the House of Commons’ Arms Export Controls Committee.

US Government map of areas reportedly affected by Aug. 21 chemical weapons attack

In the letter, Cable admits that licences were “issued on 17 and 18 January 2012 and authorised the export of dual-use chemicals to a private company for use in industrial processes. The chemicals were sodium fluoride and potassium fluoride”.

The letter stresses that the chemicals “were to be used for metal finishing of aluminium profiles used for making aluminium showers” but admits that “they could also be used as precursor chemicals in the manufacture of chemical weapons”.

UK government ‘has very serious questions to answer’

The revelations come at a time when the US and France are pushing for military action against the Assad regime in response to its alleged use of chemical weapons. Britain, however, ruled itself out of taking part in any armed intervention in Syria following a surprise vote against such a move in the House of Commons last week.

While the August 21 attack, which according to the US killed at least 1,429 Syrians, took place months after the licences were approved, Syria has been suspected of using chemical weapons many times in the past.

Opposition MPs are now calling on the coalition government and Vince Cable in particular to explain the decision to sanction the exports.

“The chair of the joint intelligence committee confirmed last week that their assessment was that the Syrian regime had used lethal chemical weapons on 14 occasions from 2012,” said Labour’s shadow business secretary, Chuka Umunna.

“There are, therefore, very serious questions to answer as to why, in January 2012, export licences for chemicals to Syria which could be used in the manufacture of chemical weapons were approved.

“It will be a relief that the chemicals concerned were never actually delivered. But, in light of the fact the Assad regime had already been violently oppressing internal dissent for many months by the beginning of 2012 and the intelligence now indicates use of chemical weapons on multiple occasions, a full explanation is needed as to why the export of these chemicals was approved in the first place,” Umunna added.

Umunna’s statement follows comments made by Vince Cable last Wednesday, after the UK announced it was suspending export licences to Egypt because of the ongoing political turmoil.

Cable insisted that: “The UK position is clear: we will not grant export licences where there is a clear risk that goods might be used for internal repression.

He added: “The government takes its export responsibilities very seriously and operates one of the most rigorous arms export control regimes in the world.”

By Sam Ball (text)

Find this story at 2 September 2013

© AFP

Revealed: Britain sold nerve gas chemicals to Syria 10 months after ‘civil unrest’ began

FURIOUS politicians have demanded Prime Minister David Cameron explain why chemical export licences were granted to firms last January – 10 months after the Syrian uprising began.

BRITAIN allowed firms to sell chemicals to Syria capable of being used to make nerve gas, the Sunday Mail can reveal today.

Export licences for potassium fluoride and sodium fluoride were granted months after the bloody civil war in the Middle East began.

The chemical is capable of being used to make weapons such as sarin, thought to be the nerve gas used in the attack on a rebel-held Damascus suburb which killed nearly 1500 people, including 426 children, 10 days ago.

President Bashar Assad’s forces have been blamed for the attack, leading to calls for an armed response from the West.

British MPs voted against joining America in a strike. But last night, President Barack Obama said he will seek the approval of Congress to take military action.

The chemical export licences were granted by Business Secretary Vince Cable’s Department for Business, Innovation and Skills last January – 10 months after the Syrian uprising began.

They were only revoked six months later, when the European Union imposed tough sanctions on Assad’s regime.

Yesterday, politicians and anti-arms trade campaigners urged Prime Minister David Cameron to explain why the licences were granted.

Dunfermline and West Fife Labour MP Thomas Docherty, who sits on the House of Commons’ Committees on Arms Export Controls, plans to lodge Parliamentary questions tomorrow and write to Cable.

He said: “At best it has been negligent and at worst reckless to export material that could have been used to create chemical weapons.

“MPs will be horrified and furious that the UK Government has been allowing the sale of these ingredients to Syria.

“What the hell were they doing granting a licence in the first place?

“I would like to know what investigations have been carried out to establish if any of this
material exported to Syria was subsequently used in the attacks on its own people.”

The SNP’s leader at Westminster, Angus Robertson MP, said: “I will be raising this in Parliament as soon as possible to find out what examination the UK Government made of where these chemicals were going and what they were to be used for.

“Approving the sale of chemicals which can be converted into lethal weapons during a civil war is a very serious issue.

“We need to know who these chemicals were sold to, why they were sold, and whether the UK Government were aware that the chemicals could potentially be used for chemical weapons.

“The ongoing humanitarian crisis in Syria makes a full explanation around these shady deals even more important.”

A man holds the body of a dead child
Reuters

Mark Bitel of the Campaign Against Arms Trade (Scotland) said: “The UK Government claims to have an ethical policy on arms exports, but when it comes down to practice the reality is very different.

“The Government is hypocritical to talk about chemical weapons if it’s granting licences to companies to export to regimes such as Syria.

“We saw David Cameron, in the wake of the Arab Spring, rushing off to the Middle East with arms companies to promote business.”

Some details emerged in July of the UK’s sale of the chemicals to Syria but the crucial dates of the exports were withheld.

The Government have refused to identify the licence holders or say whether the licences were issued to one or two companies.

The chemicals are in powder form and highly toxic. The licences specified that they should be used for making aluminium structures such as window frames.

Professor Alastair Hay, an expert in environmental toxicology at Leeds University, said: “They have a variety of industrial uses.

“But when you’re making a nerve agent, you attach a fluoride element and that’s what gives it
its toxic properties.

“Fluoride is key to making these munitions.

“Whether these elements were used by Syria to make nerve agents is something only subsequent investigation will reveal.”

The Department for Business, Innovation and Skills said: “The UK Government operates one of the most rigorous arms export control regimes in the world.

“An export licence would not be granted where we assess there is a clear risk the goods might be used for internal repression, provoke or prolong conflict within a country, be used aggressively against another country or risk our national security.

“When circumstances change or new information comes to light, we can – and do – revoke licences where the proposed export is no longer consistent with the criteria.”

Assad’s regime have denied blame for the nerve gas attack, saying the accusations are “full of lies”. They have pointed the finger at rebels.

UN weapons inspectors investigating the atrocity left Damascus just before dawn yesterday and crossed into Lebanon after gathering evidence for four days.

They are now travelling to the Dutch HQ of the Organisation for the Prevention of Chemical Weapons.

It could take up to two weeks for the results of tests on samples taken from victims of the attack, as well as from water, soil and shrapnel, to be revealed.

On Thursday night, Cameron referred to a Joint Intelligence Committee report on Assad’s use of chemical weapons as he tried in vain to persuade MPs to back military action. The report said the regime had used chemical weapons at least 14 times since last year.

Russian president Vladimir Putin yesterday attacked America’s stance and urged Obama to show evidence to the UN that Assad’s regime was guilty.

Russia and Iran are Syria’s staunchest allies. The Russians have given arms and military backing to Assad during the civil war which has claimed more than 100,000 lives.

Putin said it would be “utter nonsense” for Syria to provoke opponents and spark military
retaliation from the West by using chemical weapons.

But the White House, backed by the French government, remain convinced of Assad’s guilt, and Obama proposes “limited, narrow” military action to punish the regime.

He has the power to order a strike, but last night said he would seek approval from Congress.

Obama called the chemical attack “an assault on human dignity” and said: “We are prepared to strike whenever we choose.”

He added: “Our capacity to execute this mission is not time-sensitive. It will be effective tomorrow, or next week, or one month from now.

“And I’m prepared to give that order.”

Some fear an attack on Syria will spark retaliation against US allies in the region, such
as Jordan, Turkey and Israel.

General Lord Dannatt, the former head of the British Army, described the Commons vote as a “victory for common sense and democracy”.

He added that the “drumbeat for war” had dwindled among the British public in recent days.

By Russell Findlay, Billy Briggs
1 Sep 2013 07:21

Find this story at 1 September 2013

© www.dailyrecord.co.uk

MPs to ask firms to explain how UK taxes helped dictators build arsenals

Among questionable ethical deals was £35m lent to Robert Mugabe and spent on BAE’s Hawk fighter jets

Robert Mugabe bought five BAE systems Hawk jets between 1989 and 1992 and deployed them in the war in the Democratic Republic of Congo. Photograph: Indranil Mukherjee/AFP/Getty Images

Britain’s arms industry and other companies are to be called before MPs to explain why taxpayer funds ended up helping Robert Mugabe to buy five Hawk fighter jets and 1,030 police Land Rovers which he later used to suppress dissent.

The bosses of the world’s biggest multinational defence and oil companies, including BAE Systems and BP, will be asked to account for why hundreds of millions of pounds of government money was used to help military dictators build up their arsenals, and facilitated environmental and human rights abuses across the world.

An official all-party inquiry into the government Export Credits Guarantee Department’s (ECGD) underwriting of the loans will begin to call witnesses next week, the Guardian has learned.

The all-party parliamentary group on international corporate responsibility will investigate more than 40 years of the government’s involvement in supporting dubious practices overseas. The actions of the ECGD have led to it being christened the “department for dodgy deals” by the Jubilee Debt Campaign.

Among the catalogue of ethically questionable deals was £35m lent to Zimbabwe to buy five Hawk fighter jets from BAE Systems between 1989 and 1992.

Zimbabwe, which was already heavily indebted at the time of the loans, spent £49m repaying the cost of the Hawks, according to a response to a freedom of information request from the Jubilee Debt Campaign seen by the Guardian.

Mugabe’s government deployed the jets in the 1998-2002 war in the Democratic Republic of Congo, Africa’s most deadly conflict in modern history, which led to 5.4m deaths.

At the time of deployment the British government approved Zimbabwe’s purchase of spare parts worth £5m-£10m despite concerns the aircraft were being used in the deadly Congo war, according to the journal Africana Bulletin.

The department also supplied Mugabe with £21m of loan guarantees to help him import 1,030 police Land Rovers and other military equipment. The vehicles were sent to Zimbabwe after Mugabe promised that they would be used “with due respect for human rights”. He specifically pledged not to use them for riot control, but Amnesty International said they were used to crush demonstrations.

The Land Rovers were sent to Zimbabwe in the late 1990s, before Mugabe began taking over white farmers’ land in 1999. Robin Cook, the former foreign secretary, later banned the shipments.

The ECGD also supported the notorious al-Yamamah “oil for arms” deal with Saudi Arabia, for which BAE Systems was investigated by the Serious Fraud Office amid allegations of bribery and corruption. The inquiry was eventually dropped following the intervention of the then prime minister, Tony Blair.

The government loans also allowed the former Egyptian dictator Hosni Mubarak, and his predecessor Anwar Sadat, to buy arms, including helicopters and missiles, and helped Argentina buy two Type 42 Destroyers and two Lynx helicopters, which were later used in the invasion of the Falklands.

As well as arms, the department has provided funds for the world’s largest and riskiest oil-drilling project, in the Atlantic Ocean, and a 1,760km BP joint venture oil pipeline through the Caucasus.

The inquiry will this week begin asking arms and oil industry executives to provide evidence to parliament after pressure for the ECGD to clean up its act. The cross-party group of MPs will also call on former politicians to explain why they signed the deals. More than 100 MPs signed an early day motion calling for the ECGD to commit itself to transparent and open dealings in the future.

The ECGD, which is part of the business department and has changed its name to UK Export Finance (UKEF), was often used by arms companies to get a state-backed guarantee to recompense their banks if the deal fell through or the debtor failed to make repayments. In the 1980s the ECGD had 4,000 staff in branches across the country and offered backing for 40% of Britain’s exports.

Lisa Nandy, a Labour MP and chair of the all party group, said the department had committed “billions of pounds of taxpayers’ money” to projects that had been the subject of “countless criticisms” for human rights and environmental abuses.

“It is vital that we bring together all stakeholders and interested parties through this inquiry to look seriously at the allegations levelled at this department,” she said.

“This Department commits billions of pounds of taxpayers’ money each year. It has a responsibility to spend that money in a way that is ethical and effective. In the past it appears that this responsibility has not been taken seriously enough.”

“In a time of recession, business needs support from government but that support must be of long-term benefit for everyone: safeguarding human rights, protecting the environment and, at the very least, not exacerbating poverty.”

Tim Jones, policy officer at Jubilee Debt Campaign, said: “We welcome the launch of this inquiry. Vince Cable’s ‘Department for Dodgy Deals’ has a notorious track record of backing loans for undemocratic and damaging projects. UK Export Finance claims it is owed £2.3 billion. This includes loans for General Mubarak’s Egyptian army to buy British defence equipment, Argentina’s 1970s military dictatorship to buy British warships, and Robert Mugabe’s police to buy British Land Rovers. Vince Cable needs to implement Liberal Democrat policy and audit the debt, cancel that which is unjust, and reform UK Export Finance so no more dodgy deals are backed in the future.”

The inquiry has no legal power to force industry executives or former politicians to provide evidence.

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Former head of MI6 threatens to expose secrets of Iraq ‘dodgy dossier’

A former head of MI6 has threatened to expose the secrets of the ‘dodgy dossier’ if he disagrees with the long-awaited findings of the Chilcot Inquiry into the UK’s role in the Iraq War.
Sir Richard Dearlove has threatened to expose secrets behind the Iraq ‘dodgy dossier’. Photo: JOHN TAYLOR

Sir Richard Dearlove, 68, has spent the last year writing a detailed account of events leading up to the war, and had intended to only make his work available to historians after his death.

But now Sir Richard, who provided intelligence about Saddam Hussein’s Weapons of Mass Destruction (WMDs) that was apparently ‘sexed up’ by Tony Blair’s government, has revealed that he could go public after the Chilcot Inquiry publishes its findings.

Sir Richard is expected to be criticised by the inquiry’s chairman, Sir John Chilcot, over the accuracy of intelligence provided by MI6 agents inside Iraq, which was used in the so-called ‘dodgy dossier’.

Now the ex-MI6 boss, who is Master at Pembroke College, Cambridge University, has said: “What I have written (am writing) is a record of events surrounding the invasion of Iraq from my then professional perspective.

“My intention is that this should be a resource available to scholars, but after my decease (may be sooner depending on what Chilcot publishes).
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“I have no intention, however, of violating my vows of official secrecy by publishing any memoir.”

Sources close to Sir Richard said that he insists Chilcot should recognise the role played by Tony Blair and the Prime Minister’s chief spokesman Alastair Campbell in informing media reports which suggested Saddam could use chemical weapons to target British troops based in Cyprus, a claim which led to Britain entering the war in Iraq.

Sir Richard is said to remain extremely unhappy that this piece of intelligence, which his agents stressed only referred to battlefield munitions which had a much shorter range, led to media reports that UK bases were under threat.

However, he accepts that some of MI6’s information on the WMDs was inaccurate, the Mail on Sunday reported.

Mr Blair and Mr Campbell have repeatedly denied making misleading statements about WMD.

Last week it was revealed that Sir John had written to Prime Minister David Cameron informing him of his intention to write personally to those individuals he intends to criticise, with Tony Blair reported to be among those on Sir John’s list.

Sir Richard has taken a sabbatical from his duties at Cambridge University to research and write his record of events, and is expected to resume his Master’s role at the start of the new academic year.

A security source told The Mail on Sunday: “This is Sir Richard’s time-bomb. He wants to set the record straight and defend the integrity of MI6. And Sir Richard has taken a lot of personal criticism over MI6’s performance and his supposedly too-cosy relationship with Mr Blair.

“No Chief of MI6 has done anything like this before, but the events in question were unprecedented.

“If Chilcot doesn’t put the record straight, Sir Richard will strike back.”

Last night the committee’s chairman, Sir Malcolm Rifkind, who was appointed in 2010, offered Sir Richard his support, saying: “I have never heard of a former MI6 chief putting something out there in these terms but I would be interested in what Sir Richard has to say in response to the Chilcot Inquiry which is clearly going to have some meat in it.

“I know Sir Richard and worked with him in the Foreign Office many years ago. He is a very able man of the highest character and a man of his own opinions. We shall have to wait to see what he says.”

Last night, Alastair Campbell and the office for Tony Blair declined to comment on Sir Richard’s account.

By Melanie Hall
8:48AM BST 21 Jul 2013

Find this story at 21 July 2013

© Copyright of Telegraph Media Group Limited 2013

Ex-MI6 boss makes sensational threat to reveal secrets of Iraq dodgy dossier

Sir Richard Dearlove, 68 provided intelligence about Saddam Hussein’s WMD
Had previously said he would keep his account of events leading up to Iraq War secret until after his death

Revelations: in a bombshell email to the MoS Sir Richard Dearlove threatened to reveal new details behind the ‘dodgy dossier’ scandal

A former head of MI6 has threatened to reveal explosive new details behind the ‘dodgy dossier’ scandal if he objects to the long-awaited findings of the Chilcot Inquiry into Britain’s role in the Iraq War.

Sir Richard Dearlove, 68, who provided intelligence about Saddam Hussein’s Weapons of Mass Destruction (WMDs) that was apparently ‘sexed up’ by Tony Blair’s Government, has spent the last year writing a detailed account of events leading up to the war.

He had intended to keep his work under lock and key and made available only to historians after his death.

But now Sir Richard has revealed to The Mail on Sunday that he could go public after the Chilcot Inquiry publishes its findings.

Sir Richard is expected to face censure from the inquiry’s chairman, Sir John Chilcot, over the accuracy of intelligence provided by MI6 agents inside Iraq – which was used in the so-called ‘dodgy dossier’.

In a bombshell email to the Mail on Sunday, Sir Richard, who is Master at Pembroke College, Cambridge University, disclosed: ‘What I have written (am writing) is a record of events surrounding the invasion of Iraq from my then professional perspective.

‘My intention is that this should be a resource available to scholars, but after my decease (may be sooner depending on what Chilcot publishes). I have no intention, however, of violating my vows of official secrecy by publishing any memoir.’

Sources close to Sir Richard say that while he accepts that some of MI6’s information on the WMDs was inaccurate, he insists that Chilcot should recognise the role played by Tony Blair and the Prime Minister’s chief spokesman Alastair Campbell in informing media reports which suggested Saddam could use chemical weapons to target British troops based in Cyprus – a claim which put Britain on a path to war in Iraq.

Mr Blair and Mr Campbell have repeatedly denied making misleading statements about WMD.

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But Sir Richard is said to remain extremely aggrieved that this piece of intelligence, which his agents stressed only referred to battlefield munitions which had a much shorter range, led to media reports that UK bases were under threat.

Last week it was revealed that Sir John had written to Prime Minister David Cameron informing him of his intention to write personally to those individuals he intends to criticise, with reports suggesting that Tony Blair is among those on Sir John’s list.

Sir Richard has taken a sabbatical from his duties at Cambridge University to research and write his record of events.

With his account nearing completion, he is expected to resume his Master’s role at the start of the new academic year.

A security source told The Mail on Sunday: ‘This is Sir Richard’s time-bomb. He wants to set the record straight and defend the integrity of MI6.

‘And Sir Richard has taken a lot of personal criticism over MI6’s performance and his supposedly too-cosy relationship with Mr Blair.

In flames: British soldiers under attack in the Iraqi town of Basra in 2004

‘No Chief of MI6 has done anything like this before, but the events in question were unprecedented.

‘If Chilcot doesn’t put the record straight, Sir Richard will strike back.’

After graduating from Cambridge, Sir Richard began his MI6 career in 1966 and was posted to Nairobi, Prague, Paris and Geneva before becoming head of station in Washington DC in 1991.

He returned to the UK two years later and became director of operations in 1994. He was appointed Chief, or ‘C’, in 1999.

In his first year, the IRA fired a rocket at the agency’s headquarters on the South Bank of the River Thames. This was followed in September 2001 by Al Qaeda’s attacks on the World Trade Center and the Pentagon in the United States.

The Parliamentary Intelligence and Security Committee subsequently accused MI6 of failing to respond with sufficient urgency to warnings that Islamic fundamentalists were planning such a major terrorist attack.

But last night the committee’s chairman, Sir Malcolm Rifkind, who was appointed in 2010, offered Sir Richard his support.

Sir Malcolm told The Mail on Sunday: ‘I have never heard of a former MI6 chief putting something out there in these terms but I would be interested in what Sir Richard has to say in response to the Chilcot Inquiry which is clearly going to have some meat in it.

‘I know Sir Richard and worked with him in the Foreign Office many years ago. He is a very able man of the highest character and a man of his own opinions. We shall have to wait to see what he says.’

Sir Richard, who was elected Master at Pembroke just weeks after leaving MI6, lives in an idyllic £1.2 million property in the college’s grounds.

Last night, Alastair Campbell and the office for Tony Blair declined to comment on Sir Richard’s account.

By Mark Nicol Defence Correspondent
PUBLISHED: 01:05 GMT, 21 July 2013 | UPDATED: 13:50 GMT, 21 July 2013

Find this story at 21 July 2013

© Associated Newspapers Ltd

Five police forces investigated over alleged Stephen Lawrence smear campaign; Police fractured my arm, says ‘smear victim’

The investigation into alleged police attempts to smear the Stephen Lawrence campaign and undermine the credibility of witnesses attending the Macpherson inquiry into the black teenager’s racist murder is focusing on the activities of five forces, The Independent has learnt.

Investigators are understood to be waiting for senior officers from Avon and Somerset Constabulary and West Midlands Police to complete urgent trawls of their records in relation to possible surveillance or intelligence gathering operations carried out in Bristol and Birmingham.

The cities, alongside Bradford and Manchester, hosted regional sittings of the Macpherson Inquiry in 1998 where race relations campaigners aired a string of grievances against their local forces over stop and search and other flashpoint issues.

The former Chief Constable of West Yorkshire Police, Sir Norman Bettison, who is already at the centre of an Independent Police Complaints Commission (IPCC) inquiry into an alleged cover-up in the wake of the Hillsborough disaster, was referred to the watchdog this week by Police and Crime Commissioner Mark Burns-Williamson.

It followed revelations that leading anti-racism campaigner Mohammed Amran was the subject of a potentially damaging special branch report prior to his giving evidence to the inquiry in Bradford. A number of junior officers from West Yorkshire are also being investigated by the IPCC after being referred by the present Chief Constable.

Greater Manchester Police has also been referred over an internal memo suggesting intelligence was gathered on individuals or groups attending the inquiry in the city.

The cases are likely to be reviewed by Mark Ellison QC – who successfully prosecuted Gary Dobson and David Norris for Stephen’s murder in 2012 – as part of an investigation into the Metropolitan Police following claims of a smear campaign against the teenager’s family and friends made by a former undercover officer.

The inquiry will need to uncover whether the regional forces were acting on behalf of the Met, which was embroiled in one of the biggest crises in its history following the repeated failings to investigate the student’s 1993 murder. It was eventually found to be “institutionally racist” by Macpherson.

West Midlands Police and Crime Commissioner Bob Jones met Chief Constable Chris Sims on Monday to discuss the issue. In a statement the force confirmed it was examining material to see whether any potentially inappropriate intelligence or surveillance activity had taken place.

A team of officers from Avon and Somerset Constabulary have now begun a second trawl of documents after the Home Secretary Theresa May ordered forces nationwide to search their records. A first hunt carried out by an assistant chief constable was said to have discovered no incriminating material. Forces have until next Wednesday to report their findings to Ms May.

Mr Amran, 37, who became the youngest ever Commissioner for Racial Equality (CRE) following his role as a peacemaker in the 1995 Bradford riots, has been told he will not know for at least two weeks what evidence was gathered against him although it is not believed he was placed under surveillance.

His lawyer, Ruth Bundey, said: “He is someone who has helped and advised the authorities in the past and it is very disconcerting for him not to know what is involved here – other than to have been told that it is ‘alarming.’”

It is unclear whether evidence allegedly gathered about Mr Amran resurfaced in a further dossier put together by West Yorkshire Police as part of its alleged attempt to prevent him being re-elected by the CRE. The dossier led Ms Bundey to pursue a successful case of racial discrimination against the force, who settled out of court in 2002.

Mr Amran told The Independent that he was repeatedly arrested after publicly questioning the policing of in Bradford’s multi-racial community.

Despite widespread concern over policing and community relations leading up to the 1995 riots, more disturbances took place in the city in the summer of 2001.

“I challenged the police openly after the 1995 riots and that created a reaction that made my life very difficult,” Mr Amran said. “The arrest I remember most vividly came when I was going to my family home and three officers grabbed me and told me I was under arrest.

“They said ‘You should not be here.’ I was letting myself into my house at the time and they said ‘drop the keys. You are under arrest.’ I sustained a hairline fracture of my arm. They just let me go. On another occasion I was dragged from my car by police. I told them who I was and they didn’t believe me.”

Ian Herbert, Jonathan Brown
Saturday, 6 July 2013

Find this story at 6 July 2013

© independent.co.uk

Dozens of undercover officers could face prosecution, says police chief

Chief constable leading investigation also says he will look at claims that Stephen Lawrence campaigners were spied on

Dozens of police officers could be put on trial for stealing the identities of dead children, and sleeping with female activists they were spying on, according to the police chief leading an inquiry into Metropolitan police undercover work against protest groups.

Mick Creedon, the chief constable of Derbyshire, also said his team would investigate claims from a police whistleblower, Peter Francis, that senior officers wanted him to spy on, and even undermine, the Stephen Lawrence campaign.

In an interview, Creedon offered a “100%” assurance the matter would be properly investigated. He said prosecutors were already being asked to consider whether criminal offences had been committed by generations of undercover operatives planted in protest groups over the past 45 years.

Earlier on Monday, David Cameron said he was “deeply concerned by revelations from Francis, a former undercover police officer who said he was asked to gather intelligence that could be used to “smear” the campaign for justice for Stephen Lawrence, who was stabbed to death in a racist attack in 1993.

The prospect that police officers could be prosecuted will alarm senior officers, who have struggled to manage the fallout from the revelations

On Monday morning, the prime minister’s spokesman hinted that the government may order an independent inquiry into Francis’s revelations. Any inquiry would have to “command the family’s confidence as well as that of the public”, he said.

Creedon is already investigating two top-secret Met units: the SDS, which was disbanded in 2008, and another squad – the National Public Order Intelligence Unit (NPOIU) – which still operates.

He said his review was particularly focused on the role of commanding officers: “It’s looking right up the chain of command,” he said. “We have mapped, putting it bluntly, every senior officer, every commander, every deputy citizen commissioner, right up to and including home secretaries.”

The chief constable refused to be drawn on the specifics of Francis’s allegations, but he said that, if proved, they would be “not something that would sit comfortably with any police officer”.

Creedon was asked to take over the inquiry, Operation Herne, in February after it was revealed that operatives working for the two spy units had used the identities of dead children. Weeks later, he conceded that the use of dead children’s identities had been “common practice” in the SDS, and had continued in the NPOIU until around 2001.

In the interview, parts of which are being broadcast on Channel 4 on Monday night, he told the Guardian and the Dispatches programme that he was getting advice on whether dozens of undercover police who used the identities had committed criminal acts. “That is a consideration. We are getting legal advice on that,” he said.

“I am looking to operatives to explain why they did it and why they were trained to do it and how they did it.”

Keith Vaz, the MP and chair of the home affairs select committee, has already called on Scotland Yard to inform parents whose children’s identities were used.

But Creedon said it was highly unlikely he would contact the parents, because to do so would require confirming the false identities used by former operatives.

“The way the world is now, that will fizz around the internet networks instantly,” he said, adding that he saw little benefit in “raking up” the issue with parents who would otherwise remain oblivious.

He also declined to apologise to women who had been duped into relationships with police spies. But he added: “This is completely abhorrent. I use that term carefully. It should not have happened and I’ve always been clear about that. Was it routine? Was it actually part of the tactics? Was it quite deliberate and was it a way of infiltrating, or was it an occasional consequence? I don’t know the answer to that question right now.”

Creedon said prosecutors would also decide whether operatives who had sexual relationships were breaking the law.

“Well, we need to get advice from the CPS [Crown Prosecution Service] about whether an undercover officer having a sexual relationship would be a criminal offence,” he said. “We’re waiting for that advice from the CPS, and it will be wrong for me to speculate.”

Asked if the officers may end up in court, he replied: “It’s a possibility, yes.”

However, he said the use by police of deception in sexual relationships needed to be understood in a wider context. “Around the country there are many people involved in sexual relationships who lie about their status,” he said. “There are many people who say they’re not married when they are married. It happens.”

Operation Herne, which is costing the Met £1.6m a year, was launched in 2011. A staff of around 30 officers – almost all of them Met employees – have been sifting through 55,000 documents and interviewing former undercover police officers and their supervisors. Four specific cases are being separately supervised by the Independent Police Complaints Commission.Creedon refused to be drawn on when the inquiry would be complete but Craig Mackey, the deputy commissioner of the Met, has previously indicated it may not conclude until 2016, meaning the five-year inquiry would have cost over £7.5m.

Creedon said he did not know if the findings of his inquiry would ever be made public.

He said he was determined to “keep some balance” in his investigation: “Herne is not about castigating the 100 or so SDS officers that served over 40 years, some of whom were incredibly brave.”

The chief constable rejected the suggestion that it would be more appropriate for the inquiry to be conducted by an independent figure or regulator.

“There has always been public concern about police investigating the police, but I’ll be brutally honest: there is no one as good at doing it as the police,” he said. “We don’t seek to hide things. We do actually seek to get the truth and we do it properly and I frankly find it almost insulting that people suggest that in some way, because I’m a police officer, I’m not going to search the truth.”

Paul Lewis and Rob Evans
The Guardian, Monday 24 June 2013 14.08 BST

Find this story at 24 June 2013
© 2013 Guardian News and Media Limited or its affiliated companies.

How police spies ’tried to smear the family of Stephen Lawrence’: Undercover officer reveals how superiors wanted him to find ‘dirt’

Peter Francis claims officers told him to dig into murdered teenager’s family
He posed as an anti-racist activist following the death
Victim’s mother said: ‘Nothing can justify… trying to discredit the family’
Raises further questions about police surveillance of activist groups
David Cameron demands that Scotland Yard investigates the damaging claim

An undercover policeman revealed last night that he took part in an operation to smear the family of Stephen Lawrence.

Peter Francis said his superiors wanted him to find ‘dirt’ that could be used against members of the murdered teenager’s family.

The spy said he was also tasked with discrediting Stephen’s friend who witnessed the stabbing and campaigners angry at the failure to bring his killers to justice.

Spy: Peter Francis said he was asked by senior officers in the Met Police to find information to smear the family of murdered teenager Stephen Lawrence

Worried: The Prime Minister said today that Scotland Yard must investigate the damaging claims

He added that senior officers deliberately withheld his role from Sir William Macpherson, who led a public inquiry into the bungled police investigation.
‘They wanted any intelligence’ Peter Francis on ‘spying’

And this one’s for Stephen… stars sing for Lawrence fund: Emeli Sandé and Jessie J to perform at concert to mark 20th anniversary of his murder
NHS chief ‘offered bribe to hush up death of my baby’: Father’s shock at scandal-hit boss’s £3,000 cash deal
The secrets of my friend the Moors murderer: For 25 years he has been visiting Britain’s most notorious killer, now Ian Brady’s only confidant – and heir – reveals all

Francis said senior officers were afraid that anger at the failure to investigate the teenager’s racist killing would spiral into disorder on the streets. They had ‘visions of Rodney King’, whose beating at the hands of police led to the 1992 LA riots, he said.

David Cameron has this morning urged Scotland Yard to launch a probe into what happened.

‘The Prime Minister is deeply concerned by reports that the police wanted to smear Stephen Lawrence’s family and would like the Metropolitan police to investigate immediately,’ A No10 spokesperson said.

The revelations mark the most extraordinary chapter so far in the sorry history of Scotland Yard’s jaw-dropping undercover operations.

Stephen Lawrence was the victim of a racist murder in 1993. It was one of the highest profile racial killings in UK history

The whistleblower is one of several to come forward to reveal deeply suspect practices by those ordered to infiltrate political protest groups from the 1980s onwards.

Yesterday Stephen’s mother Doreen said being targeted by an undercover officer was the most surprising thing she had learned about the marathon inquiry. She said: ‘Out of all the things I’ve found out over the years, this certainly has topped it.

‘Nothing can justify the whole thing about trying to discredit the family and people around us.’

The news will further inflame critics of covert policing of activist groups and raises questions over whether a police review will flush out all malpractice.’

The 20-year-old operation was revealed in a joint investigation by The Guardian and Channel 4’s Dispatches being broadcast tonight.

Francis posed as an anti-racist activist during four years he spent living undercover among protest groups following Stephen’s murder in April 1993.

The former officer said he came under ‘huge and constant pressure’ to ‘hunt for disinformation’ that might be used to undermine those arguing for a better investigation into the murder.

He now wants a full public inquiry into the undercover policing of protest groups, which he labelled ‘morally reprehensible’ in the past.

He said: ‘I had to get any information on what was happening in the Stephen Lawrence campaign.

‘They wanted the campaign to stop. It was felt it was going to turn into an elephant. Throughout my deployment there was almost constant pressure on me personally to find out anything I could that would discredit these campaigns.’

Mr Francis joins a number of whistle blowers who infiltrated protest groups for the Met Police

Francis was also involved in an ultimately failed effort to discredit Duwayne Brooks, a close friend of Lawrence who was with him on the night he was murdered.

The former spy trawled through hours of CCTV from a demonstration to find evidence that led to Mr Brooks being arrested and charged with violent disorder in October 1993. However, the case was thrown out by a judge as an abuse of the legal process.

Family: Stephen Lawrence’s mother Doreen and ex-husband Neville, Stephen’s father

The spy monitored a number of ‘black justice’ campaigns, involving relatives of mostly black men who had died in suspicious circumstances in police custody.

But he said his handlers were most interested in any information he could gather about the several groups campaigning over the death of Stephen.

Although Francis did not meet the Lawrence family, he passed back ‘hearsay’ about them to his superiors.

Mrs Lawrence said she was always baffled why family liaison officers were recording the identities of everyone entering and leaving their household following her son’s murder.

She said the family had always suspected police had been gathering evidence about her visitors to discredit them but had no ‘concrete evidence’.

In 1997, Francis argued that the Met should ‘come clean’ over the existence of its undercover operation to Sir William and his inquiry.

But commanders opted for secrecy and claimed it was for the public good as there would be ‘battling on the streets’ if the public ever found out.
‘It just makes me really angry’: Doreen Lawrence

Francis was a member of a covert unit known as the Special Demonstration Squad. Set up to combat protests against the Vietnam war in 1968, the SDS was funded by the Home Office to operate under the radar for four decades.

Using the undercover alias Pete Black, he worked between 1993 and 1997 infiltrating a group named Youth Against Racism in Europe.

He said he was one of four undercover officers who were also required to feed back intelligence about the campaigns for justice over the death of Stephen. The now disbanded unit has already been struck by controversy after its spies fathered children with their targets.

An external investigation of past undercover deployments is being undertaken by a team of officers led by Derbyshire chief constable Mick Creedon.

Pete Francis monitored a number of ‘black justice’ campaigns, involving relatives of mostly black men who had died in suspicious circumstances in police custody

Mr Brooks always suspected he was a victim of a dirty tricks campaign by police. In an interview six years after the murder he said he felt the police ‘investigated us more thoroughly than they investigated the boys’ – referring to those behind the killing.

Jack Straw, the former home secretary who in 1997 ordered the inquiry that led to the Macpherson report, said he was stunned.

He said: ‘I should have been told of anything that was current, post the election of Tony Blair’s government in early May 1997. But much more importantly, [the] Macpherson inquiry should have been told.’

Lord Condon, Met Commissioner between 1993 and 2000, said he was not aware any information had been withheld from Sir William.

A Met spokesman said: ‘The claims in relation to Stephen Lawrence’s family will bring particular upset to them and we share their concerns.’

These revelations and others about undercover police officers are contained in the book Undercover by Paul Lewis and Rob Evans.

UNDERCOVER: THE TRUE STORY OF BRITAIN’S SECRET POLICE by Rob Evans and Paul Lewis is published by Guardian Faber at £12.99. Please follow this link to order a copy.

By Chris Greenwood

PUBLISHED: 21:50 GMT, 23 June 2013 | UPDATED: 11:12 GMT, 25 June 2013

Find this story at 23 June 2013

© Associated Newspapers Ltd

Police ‘smear’ campaign targeted Stephen Lawrence’s friends and family

Exclusive: former undercover officer Peter Francis says superiors wanted him to find ‘dirt’ shortly after 1993 murder

Stephen Lawrence who was murdered in 1993 and whose death has been the subject of a long-running police investigation. Photograph: Rex Features

A police officer who spent four years living undercover in protest groups has revealed how he participated in an operation to spy on and attempt to “smear” the family of murdered teenager Stephen Lawrence, the friend who witnessed his fatal stabbing and campaigners angry at the failure to bring his killers to justice.

Peter Francis, a former undercover police officer turned whistleblower, said his superiors wanted him to find “dirt” that could be used against members of the Lawrence family, in the period shortly after Lawrence’s racist murder in April 1993.

He also said senior officers deliberately chose to withhold his role spying on the Lawrence campaign from Sir William Macpherson, who headed a public inquiry to examine the police investigation into the death.

Francis said he had come under “huge and constant pressure” from superiors to “hunt for disinformation” that might be used to undermine those arguing for a better investigation into the murder. He posed as an anti-racist activist in the mid-1990s in his search for intelligence.

“I had to get any information on what was happening in the Stephen Lawrence campaign,” Francis said. “They wanted the campaign to stop. It was felt it was going to turn into an elephant.

“Throughout my deployment there was almost constant pressure on me personally to find out anything I could that would discredit these campaigns.”

Francis also describes being involved in an ultimately failed effort to discredit Duwayne Brooks, a close friend of Lawrence who was with him on the night he was killed and the main witness to his murder. The former spy found evidence that led to Brooks being arrested and charged in October 1993, before the case was thrown out by a judge.
Peter Francis, the former undercover police officer turned whistleblower. Photograph: Graham Turner for the Guardian

The disclosures, revealed in a book about undercover policing published this week, and in a joint investigation by the Guardian and Channel 4’s Dispatches being broadcast on Monday, will reignite the controversy over covert policing of activist groups.

Lawrence’s mother, Doreen, said the revelations were the most surprising thing she had learned about the long-running police investigation into her son’s murder: “Out of all the things I’ve found out over the years, this certainly has topped it.”

She added: “Nothing can justify the whole thing about trying to discredit the family and people around us.”

In a statement, the Metropolitan police said it recognised the seriousness of the allegations – and acknowledged their impact. A spokesman said the claims would “bring particular upset” to the Lawrence family and added: “We share their concerns.”

Jack Straw, the former home secretary who in 1997 ordered the inquiry that led to the 1999 Macpherson report, said: “I’m profoundly shocked by this and by what amounts to a misuse of police time and money and entirely the wrong priorities.” Straw is considering personally referring the case to the Independent Police Complaints Commission.

Francis was a member of a controversial covert unit known as the Special Demonstration Squad (SDS). A two-year investigation by the Guardian has already revealed how undercover operatives routinely adopted the identities of dead children and formed long-term sexual relationships with people they were spying on.

The past practices of undercover police officers are the subject of what the Met described as “a thorough review and investigation” called Operation Herne, which is being overseen by Derbyshire’s chief constable, Mick Creedon.

A spokesman said: “Operation Herne is a live investigation, four strands of which are being supervised by the Independent Police Complaints Commission, and it would be inappropriate to pre-judge its findings.”

Francis has decided to reveal his true identity so he can openly call for a public inquiry into undercover policing of protest. “There are many things that I’ve seen that have been morally wrong, morally reprehensible,” he said. “Should we, as police officers, have the power to basically undermine political campaigns? I think that the clear answer to that is no.”

Francis has been co-operating with the Guardian as a confidential source since 2011, using his undercover alias Pete Black. He assumed the undercover persona between 1993 and 1997, infiltrating a group named Youth Against Racism in Europe. He said he was one of four undercover officers who were also required to feed back intelligence about the campaigns for justice over the death of Lawrence.

Francis said senior officers were afraid that anger at the failure to investigate the teenager’s racist killing would spiral into disorder on the streets, and had “visions of Rodney King”, whose beating at the hands of police led to the 1992 LA riots.

Francis monitored a number of “black justice” campaigns, involving relatives of mostly black men who had died in suspicious circumstances in police custody.

However, he said that his supervising officers were most interested in whatever information he could gather about the large number of groups campaigning over the death of Lawrence.

Although Francis never met the Lawrence family, who distanced themselves from political groups, he said he passed back “hearsay” about them to his superiors. He said they wanted information that could be used to undermine the campaign.

One operation Francis participated in involved coming up with evidence purporting to show Brooks involved in violent disorder. Francis said he and another undercover police officer trawled through hours of footage from a May 1993 demonstration, searching for evidence that would incriminate Brooks.

Police succeeded in having Brooks arrested and charged with criminal damage, but the case was thrown out by a judge as an abuse of the legal process. Francis said the prosecution of Brooks was part of a wider drive to damage the growing movement around Lawrence’s death: “We were trying to stop the campaign in its tracks.”

Doreen Lawrence said that in 1993 she was always baffled about why family liaison officers were recording the identities of everyone entering and leaving their household. She said the family had always suspected police had been gathering evidence about her visitors to discredit the family.

“We’ve talked about that several times but we never had any concrete [evidence],” she said.

There is no suggestion that the family liaison officers knew the purpose of the information they collected.

Francis claims that the purpose of monitoring people visiting the Lawrence family home was in order “to be able to formulate intelligence on who was going into the house with regards to which part of the political spectrum, if any, they were actually in”. The former policeman added: “It would determine maybe which way the campaign’s likely to go.”

In 1997, Francis argued that his undercover operation should be disclosed to Macpherson, who was overseeing the public inquiry into the Met’s handling of the murder. “I was convinced the SDS should come clean,” he said.

However his superiors decided not to pass the information on to the inquiry, he said. He said he was told there would be “battling on the streets” if the public ever found out about his undercover operation.

Straw said that neither he nor Macpherson were informed about the undercover operations. “I should have been told of anything that was current, post the election of Tony Blair’s government in early May 1997,” he said.

“But much more importantly, [the] Macpherson inquiry should have been told, and also should have been given access to the results of this long-running and rather expensive undercover operation.”

Rob Evans and Paul Lewis
The Guardian, Monday 24 June 2013

Find this story at 24 June 2013
© 2013 Guardian News and Media Limited or its affiliated companies.

Stephen Lawrence evidence was mislabelled, trial told

Forensic science workers made series of mistakes handling evidence relating to one of original murder suspects

Stephen Lawrence trial: mistakes were made in the handling of crucial evidence. Photograph: PA

A police forensic science worker made a series of mistakes in handling evidence relating to one of two men accused of murdering Stephen Lawrence, the Old Bailey heard on Wednesday .

Yvonne Turner, a forensic science assistant, put the wrong case number on a jacket belonging to Gary Dobson, who was a suspect in the fatal stabbing of Lawrence in April 1993. She went on to wrongly record that no tapings of fibres had been taken from the jacket – a yellow and grey bomber jacket – and a cardigan belonging to Dobson.

Evidence secured from the cardigan and jacket belonging to Dobson as a result of advances in science, and from trousers and a sweatshirt belonging to David Norris, are key to the crown’s case that the two men were in a group of white youths who attacked Lawrence 18 years ago.

The jury at the Old Bailey was told yesterday that exhibits relating to five suspects – including Norris, Dobson, and two other men not on trial, Jamie and Neil Acourt – were all stored together in 1993 in a disused cell at Eltham police station.

Dobson, 36, and David Norris, 35, deny murder. They claim their clothes became contaminated with blood, hair and textile fibres belonging to Lawrence while being stored and handled by the police and forensic scientists.

Working out of a laboratory in Lambeth, south London, Turner had been asked to examine a jacket belonging to Dobson in October 1993. But she wrote a case number relating to a robbery case she was also working on, at the top of the paperwork for the jacket.

“I wasn’t concentrating and I wasn’t focused at the stage when I wrote the case number in, but I’ve clearly got to grips with the case as I’ve written the correct item number,” Turner told the jury.

The court heard she also marked “no tapings” for fibres had been taken from Dobson’s jacket, even though they had.

Turner, who had been working in forensic science full-time for seven years by 1993, made the same mistake with Dobson’s cardigan. She then admitted there had subsequently been “difficulty locating the tapings as they had been annotated with the incorrect case number”.

The scientist, who now runs her own company as a trainer and consultant in forensic science, said she was unable to say when the exhibits were taped for fibres. Her mistakes on the case notes were corrected before 1995 when her work was reviewed.

Detective Constable Robert Crane told the jury that the homes of five suspects, including Norris, Dobson, the Acourts and a fifth unnamed man, were searched in simultaneous dawn raids on 7 May 1993, 15 days after Lawrence was killed.

Crane, who had responsibility for all the items of clothing seized and items belonging to Lawrence, said that some items such as the teenager’s rucksack were stored on a bed inside a disused cell at Eltham police station.

The exhibits from the suspects were placed on the floor of the same cell, either in boxes or large rubbish sacks, he said. But he said he did not mix them up.

The case continues.

• The headline on this article was amended on 24 November 2011. The original headline said: Stephen Lawrence evidence was mislabelled by police, trial told. The mislabelling was done by a forensic scientist.

Sandra Laville, crime correspondent
The Guardian, Wednesday 23 November 2011 21.53 GMT

Find this story at 23 November 2011

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

The Police’s Dirty Secret: Channel 4 Dispatches

Paul Lewis reports on allegations that members of a clandestine Metropolitan unit employed ethically dubious tactics, including inappropriate sexual relationships and deceit, to spy on people – claims apparently substantiated by the personal testimony of a whistleblower who operated undercover for four years. The programme investigates the actions of those tasked with infiltrating political campaigns and protest groups, and speaks to the women who say they were duped into intimate relationships with men they didn’t know were serving police officers.

Find this story at july 2013

True Spies

Finally, three documentaries on MI5 and Special Branch called ‘True Spies’ that were shown on BBC2 in 2002 are now available in their entirety on Youtube. Each of them is nearly one hour long. They are very interesting and in the first one the SDS is discussed and the theft of dead children’s identities is brought up, 10 years before the ‘revelations’ about it in the Guardian!

 

This three-part series was broadcast on BBC Two during October – November 2002.

 

True Spies #1 ‘Subversive My Arse!’ 27 October 2002 

True Spies #2 ‘Something Better Change’ 3 November 2002 

True Spies #3 ‘It Could Happen To You’ 10 November 2002 

There is also a page on the BBC website here:

Exclusive: Doreen Lawrence pledges to condemn ‘racial profiling’ spot checks in the House of Lords

Equalities watchdog says it will investigate the operations, with one member of the public saying it was akin to ‘Nazi Germany’

The Home Office faces investigation by the equalities watchdog over stop-and-check operations condemned by new Labour peer Doreen Lawrence.

The Independent revealed today that officials had conducted a series of “racist and intimidatory” spot checks to search for illegal immigrants in the wake of the Government’s “go home or face arrest” campaign.

Officers wearing stab vests conducted random checks near stations in the London suburbs of Walthamstow, Kensal Green, Stratford and Cricklewood over the past three days. Nationwide, more than 130 alleged “immigration offenders” have been arrested including in Durham, Manchester and Somerset.

Speaking this morning Mrs Lawrence said: “Why would you focus mainly on people of colour?

”I’m sure there’s illegal immigrants from all countries, but why would you focus that on people of colour, and I think racial profiling is coming into it.“

The mother of murdered teenager Stephen Lawrence, asked if the spot-checks were a cause for her to take up in her new role in the House of Lords, replied: ”Definitely so.“

Stella Creasy, the Labour MP for Walthamstow, said she had received reports from constituents who had been stopped at around 7am yesterday outside the train station by a team of around a dozen Home Office officials.

“I’ve been told they were only stopping people who looked Asian or African and not anyone who was white,” she said. “This kind of fishing expedition in public place is entirely unacceptable. I will not have my constituents treated in such a manner.”

The Equality and Human Rights Commission (EHRC) is now set to look into what happened, as well as the Government’s controversial poster van warning immigrants of the risk of staying in Britain illegally.

A spokesman said: ”The Commission is writing today to the Home Office about these reported operations, confirming that it will be examining the powers used and the justification for them, in order to assess whether unlawful discrimination took place.

“The letter will also ask questions about the extent to which the Home Office complied with its public sector equality duty when planning the recent advertising campaign targeted at illegal migration.”

The Home Office denied that its raids were connected to the “go home” vans. However, officials could provide no evidence of similar “random searches” taking place in the past.

Onlookers described their shock at the operations, with one member of the public saying it was akin to “Nazi Germany”. The Labour MP Barry Gardiner had written to the Home Secretary, Theresa May, demanding an investigation into the checks which he said violated “fundamental freedoms”. The raids come just a few months after Ms May took direct responsibility for immigration from the disbanded UK Border Agency.

“We do not yet live in a society where the police or any other officers of the law are entitled to detain people without reasonable justification and demand their papers,” Mr Gardiner wrote. “The actions of your department would however appear to be hastening us in that direction.”

Witnesses who saw the operations in London claimed the officers stopped only non-white individuals, and in Kensal Green said that when questioned, the immigration officials became aggressive.

Phil O’Shea told the Kilburn Times: “They appeared to be stopping and questioning every non-white person, many of whom were clearly ordinary Kensal Green residents going to work. When I queried what was going on, I was threatened with arrest for obstruction and was told to ‘crack on’.”

Another witness, Matthew Kelcher, said: “Even with the confidence of a free-born Englishman who knows he has nothing to hide, I found this whole experience to be extremely intimidating. They said they were doing random checks, but a lot of people who use that station are tourists so I don’t know what message that sends out to the world.”

The Home Office said a Ukrainian woman aged 33, an Indian man aged 44 and a 59-year-old Brazilian woman had been detained as part of the checks at Kensal Green. At Walthamstow Central station, immigration officials arrested 14 people after officers questioned people to check if they were in the UK illegally.

Christine Quigley tweeted: “Sounds like UKBA checkpoint today in Walthamstow only stopping minority ethnic people. FYI UKBA – not all British people are white.”

In Stratford, photographs posted on Twitter appeared to show Home Office officials talking to men of Asian origin. The Home Office said a Bangladeshi man had been arrested on suspected immigration offences. In Cricklewood on Tuesday in a joint operation with the Met, more than 60 people were questioned near the railway station. Police said three men were arrested for “immigration matters”, and 27 men received notices requiring them to surrender at Eaton House immigration centre for further investigation.

Muhammed Butt, leader of Brent Council, said he believed that there was no coincidence between the “go home or face arrest” van and the new random checks in Kensal Green. “I am sure it is probably connected and it leaves a very nasty taste in the mouth,” he said. “These so-called spot checks are not only intimidating but they are also racist and divisive. It appears from speaking to people who witnessed what happened in Kensal Green that it was only black and Asian-looking people who were asked to prove their identity. What about the white Australians and New Zealanders who may have overstayed their visas?”

Oliver Wright, Adam Withnall
Friday, 2 August 2013

Find this story at 2 August 2013

© independent.co.uk

Misuse of stop and search powers risks undermining police, says watchdog

Police watchdog report says many forces do not understand how to use powers effectively nor their potential impact

Home Office figures show that black people are still seven times more likely to be searched on the street than white people. Photograph: Stuart emmerson/Alamy

The misuse of “intrusive and contentious” stop and search powers is threatening to undermine the legitimacy of the police, an official watchdog has warned.

Her Majesty’s Inspectorate of Constabulary (HMIC) says that most (30) of the 43 forces in England and Wales do not understand how to use stop and search powers effectively nor the impact their use has on the communities being policed.

The official report also says that the priority given by senior police officers to improving the use of stop and search powers has slipped down the agenda since the publication in 1999 of the official inquiry report into the racist murder of black teenager Stephen Lawrence. Home Office figures show that black people are still seven times more likely to be searched on the street than white people.

The HMIC report, published on Tuesday, was commissioned by the home secretary, Theresa May, in response to renewed concern about the way the police use stop and search powers in the wake of the 2011 August riots.

The home secretary anticipated one of the report’s key findings last week when she launched a six-week consultation over the future use of the powers, saying the fact that only 9% of the 1.2m stop-and-searches that take place every year led to an arrest had caused her to question whether it was being used appropriately.

The HMIC inquiry, which included a public survey of 19,000 people, found that too many forces are not collecting sufficient information to assess whether the use of the powers has been effective.

It says that 27% of the 8,783 stop-and-search records examined by HMIC did not include sufficient grounds to justify the lawful use of the powers.

“The reasons for this include poor understanding among officers about what constitutes ‘reasonable grounds’ needed to justify a search, poor supervision, and an absence of direction and oversight by senior officers,” says the report.

The report adds that fewer than half the forces complied with a requirement for stop and search activities to be open to public scrutiny.

It describes the street stop and search powers under the 1984 Police and Criminal Evidence Act (Pace) as “some of the most intrusive and contentious powers granted to the police” and warns that although some might think it will help to “control the streets” in the short term, its heavy-handed use may lead to major disorder in the long term.

Stephen Otter of HMIC said urgent action was needed to tackle the lack of understanding of the powers to prevent and detect crime. He said the investigation found that the exercise, recording, monitoring, supervision and leadership oversight of the use of stop and search powers all too often fell short of the Pace codes of practice, which set the standards to ensure the powers were not used unlawfully and incorrectly.

Tom Winsor, the chief inspector of constabulary, said: “The police service in the UK is almost unique in investing its lowest ranking officers with its greatest and most intrusive powers. These include those of stop and search.

“The lawful and proper use of the powers is essential to the maintenance of public confidence and community acceptance of the police, without which the British model of policing by consent cannot function.

“It is therefore crucial that police officers can show, with the greatest transparency, that they use these powers with the utmost lawfulness and integrity at all times,” said Winsor.

A Home Office spokesperson said the home secretary had made clear that the government supports the ability of police officers to stop and search suspects within the law.

“But if stop and search is being used too much or with the wrong people, it is not just a waste of police time, it also serves to undermine public confidence in the police,” he said.

He added that specific proposals in response to the report and the public consultation would be published by the end of the year.

Alan Travis, home affairs editor
The Guardian, Tuesday 9 July 2013

Find this story at 9 July 2013
© 2013 Guardian News and Media Limited or its affiliated companies.

A quarter of police stop and searches are illegal: 250,000 people are stopped without officers sticking to the rules

In 27 per cent of cases police did not have reasonable grounds
This is the same as 250,000 people every year being stopped and searched
The report warns of the potential to stir-up significant social unrest

More than a quarter of police stop and searches are ‘unlawful’ and risk promoting ‘major disorder’, government inspectors warned last night.

In a blistering report, Her Majesty’s Chief Inspector of Constabulary said that, in 27 per cent of cases, police failed to show they had reasonable grounds to carry out the search.

It is the equivalent of 250,000 people every year being stopped and subjected to hugely intrusive searches without the police sticking to the rules.

In 27 per cent of cases, police failed to show they had reasonable grounds to carry out the searches

Legally, nobody should be stopped unless there is ‘reasonable suspicion’ they are guilty of carrying drugs, weapons or intending to carry out a burglary or other crime.

The report – commissioned in the wake of the 2011 riots – warns of the potential to stir-up significant social unrest.

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It states: ‘Apart from the fact that it is unlawful, conducting stop and search encounters without reasonable grounds will cause dissatisfaction and upset, and whilst some may think it will help to ‘control the streets in the short term’, it may lead to major disorder in the long-term’.

The HMIC report, led by ex-chief constable Stephen Otter, is also hugely critical of the way police are targeting their resources.

Most police forces said their priorities were reducing burglary, theft and violence.

Yet only nine per cent of stop and searches focussed on finding weapons, and 22 per cent were for stolen property or going equipped to steal.

By contrast, half of operations were targeted on possession of drugs – usually only small amounts which would only result in a police warning.

Theresa May warned that police could be wasting hundreds of thousands of hours by interrogating stopping people who had done nothing wrong

The report will increase the clamour for a major scaling back of the stop and search regime.

Last week Home Secretary Theresa May warned that police could be wasting hundreds of thousands of hours by interrogating stopping people who had done nothing wrong.

Last year, police conducted 1.2million stop and searches – but only nine per cent, or 107,000, ended in arrest.

In some parts of the country, the figure is as low as three per cent, raising huge question marks over whether the power is being properly used.

The HMIC warned of a ‘noticeable slippage’ in attention given to the use of stop and search powers by senior officers since the 1999 Stephen Lawrence Inquiry.

Mr Otter warned that use of the powers was becoming a ‘habitual’ practice

Around 27 per cent of the 8,783 stop and search records examined by inspectors did not include sufficient grounds to justify the lawful use of the power.

Police officers are able to conduct stop and searches under 20 different powers, but the most common laws used are the Police and Criminal Evidence Act (PACE), the Misuse of Drugs Act and the Criminal Justice and Public Order Act.

The report found that less than half of forces complied with the requirements of the code to make arrangements for stop and search records to be scrutinised by the public.

And half of forces did nothing to understand the impact on communities.

The inspection found that the majority of forces – 30 out of 43 – had not developed an understanding of how to use the powers of stop and search so that they are effective in preventing and detecting crime.

Only seven forces recorded whether or not the item searched for was actually found, the study found.

Mr Otter warned that use of the powers was becoming a ‘habitual’ practice that was ‘part and parcel’ of officers’ activity on the streets.

Last night a Home Office spokesman said: ‘The Home Secretary has made it very clear that the Government supports the ability of police officers to stop and search suspects within the law.
‘But if stop and search is being used too much or with the wrong people, it is not just a waste of police time, it also serves to undermine public confidence in the police.

‘That is why last week the Home Secretary announced a public consultation into the use of stop and search.

‘The Government will respond to the HMIC report and the replies to the public consultation with specific proposals by the end of the year.’

By James Slack

PUBLISHED: 00:03 GMT, 9 July 2013 | UPDATED: 06:30 GMT, 9 July 2013

Find this story at 9 July 2013

© Associated Newspapers Ltd

Police watchdog: the Met is failing to tackle complaints of racism

Warning: IPCC says racism complaints are being thrown out on the basis of an officers denial of them

The Met is failing to tackle complaints of racism properly and needs a major “cultural change” to improve the way it deals with London’s minorities, the police watchdog said today.

In a highly critical report, the Independent Police Complaints Commission said that Met investigators were often wrongly rejecting allegations of racism simply on the basis of an officer’s denial.

It warns that other complaints are being thrown out because of the “unwillingness or inability” of officers to pursue them and highlights a further widespread failure to follow official guidelines when investigating alleged racist conduct.

The report said that instead, the force tends to respond only to “overt” racism such as use of “n****r” and when other evidence such as mobile phone footage or whistleblower testimony is provided.

The findings, which will raise concerns about the force’s progress since being labelled “institutionally racist” in Sir William Macpherson’s report following the murder of Stephen Lawrence, came as the watchdog also revealed details of new racism cases within the Met. Today’s report discloses that:

Two thirds of appeals over racism complaints rejected by the Met were upheld by the watchdog last year.

The Met has little understanding of covert or subconscious racism by officers.

Complainants’ perceptions of racism are often not taken seriously.

Letters sent to complainants are regularly blighted by jargon, are defensive and fail to deal with specifics.

Unveiling today’s report, Deborah Glass, the IPCC’s commissioner for London, said that racism remained a “toxic” issue for the Met and that big changes were urgently needed.

“There is an enormous amount of guidance out there which the Met’s officers are not following and the only way to change that is through cultural change,” she said. “If the Met Commissioner wants to be credible when he says that there is zero tolerance of racism in the force then his officers need to understand what racism is.”

Ms Glass said that dealing with complaints of racism against officers properly was vital to public confidence in London because of the large ethnic population and the lack of faith among some residents in police attitudes. She added: “Race is an incredibly sensitive and sometimes toxic issue for the Met as we have seen over decades. They have made progress, but there is still some way to go.”

The report comes after a year-long inquiry by the IPCC following a spate of highly publicised racism allegations against the Met. One of those resulted in the dismissal of Pc Alex MacFarlane for gross misconduct despite his acquittal at Southwark crown court last year over an alleged racially aggravated public order offence involving the alleged use of racist language against a 21-year-old man.

The report is based on an analysis of 511 racist allegations against Met officers or staff made by the public in 2011/12, plus monitoring of 61 cases referred to the IPCC in April and May last year and a detailed study of 20 other complaint files.

It found that although cases passed to Scotland Yard’s directorate of professional standards were generally dealt with well, those resolved at borough level — which form the majority — were poorly handled.

The report said that officers were “routinely asked for brief accounts via email” rather than being questioned on specifics and that a denial frequently resulted in a complaint being rejected with not enough weight placed on the complainant’s account.

Met Assistant Commissioner Simon Byrne said that he was summoning all 32 borough commanders and other senior officers to study the findings in one of a series of measures to improve the force’s performance.

He added that all investigations into racism complaints would also be overseen by Scotland Yard for the rest of the year to raise standards, but conceded that the Met was failing the public over the issue. Victims of racism by police will also be invited to meet senior officers to talk about their experiences to “help our understanding” of the problem, Mr Byrne said.

Martin Bentham

Published: 17 July 2013

Updated: 15:41, 17 July 2013

Find this story at 9 July 2013

© Evening Standard Limited

Police continued to fire Tasers at chests – despite cardiac arrest warnings

Figures show that since 2009, 57% of discharges have hit chest area, even though Taser warns of ‘serious complications’

Police using a taser during the attempted capture of Raoul Moat. Firing the devices at suspects’ chests carries the risk of inducing a cardiac arrest. Photograph: Jamie Wiseman/Daily Mail/Rex

British police have fired Tasers hundreds of times at suspects’ chests despite explicit warnings from the weapon’s manufacturer not to do so because of the dangers of causing a cardiac arrest, the Guardian can reveal.

Following the death last Wednesday of a man in Manchester after police hit him with a Taser shot, figures obtained from 18 out of 45 UK forces show that out of a total of 884 Taser discharges since 2009 – the year when Taser International first started warning the weapon’s users not to aim for the chest – 57% of all shots (518) have hit the chest area.

There is evidence that shots to the chest can induce cardiac arrest. Dr Douglas Zipes, an eminent US cardiologist and emeritus professor at Indiana University, who last year published a study that explored the dangers of chest shots, told the Guardian: “My admonition [to UK police] would be avoid the chest at all costs if you can.”

He said the proportion of shots landing on the chest was huge, adding: “I think the information is overwhelming to support how a Taser shot to the chest can produce cardiac arrest.”

The manufacturer’s warning in its training materials is clear. It states: “When possible, avoid targeting the frontal chest area near the heart to reduce the risk of potential serious injury or death.

“Serious complications could also arise in those with impaired heart function or in those with an implanted cardiac pacemaker or defibrillator.”

Firing at the back is the preferred option where practical.

Zipes said Tasers were first found to have the ability to “capture” heart rhythm in a way similar to that of a pacemaker after Taser itself commissioned a study on pigs published in 2006.

If fired close enough to the heart, the 50,000 volt weapons have the ability to interfere and take over the electrical signals in the heart in rare cases – something that can be avoided altogether by hitting other parts of the body.

Zipes, who has acted as an expert witness in Taser death cases, said his peer-reviewed paper for the Journal of the American Heart Association documented eight cases of people in the US who have died or suffered significant brain damage following a cardiac arrest linked to a Taser shot.

But, despite the apparent dangers of chest shots, a series of requests under the Freedom of Information Act suggests that police are routinely aiming Taser shots at that part of the body.

Records from Gwent police force, for example, show that 82% of 55 Taser discharges by its officers hit people in the chest. Officers from Lancashire police fired Tasers 186 times between 2009 and October 2012, with 65% of shots hitting the chest.

There have been 10 deaths since the introduction of Tasers by UK police forces in 2004. The most recent was last Wednesday evening after a 23-year-old factory worker, Jordan Begley, from Gorton, east Manchester, was said to have suffered a “medical episode” and died after police fired at him with the weapon.

The chief constable of Greater Manchester, Sir Peter Fahy, and its police and crime commissioner, Tony Lloyd, met the dead man’s family and expressed their condolences.

No cause of death has been directly linked to the high-voltage charge emanating from the weapons in the UK. But two of the 10 cases, including last week’s death in Manchester, continue to be investigated by the Independent Police Complaints Commission (IPCC).

The Association of Chief Police Officers (Acpo), which is responsible for Taser guidance, told the Guardian that following the 2009 warning, an independent panel of experts re-examined the threat to life from Tasers but found no substantial risk.

Simon Chesterman, deputy chief constable of West Mercia police and Acpo lead on armed policing and Taser use, said that after the 2009 Taser warning Acpo asked the medical panel whether police training needed to be changed. “The answer that came back is that as they’ve said all along, the risk from the electricity is very low,” he said.

Chesterman said the panel had maintained that guidance to this day and it was felt there was no need for police “to adjust our point of aim”.

He said: “We don’t train them [officers] to go for the chest, we just train them to go for the biggest thing they can see, ie the major muscle groups.

“When you’ve got a violent assailant who is facing you, coming towards you and you have to make a split second decision whether to use Taser or not, the chances are that clearly you’re going to aim for the torso and it may well be that one or both of the barbs will attach within the chest area.

“I’m not saying Taser is a risk-free option,” he said, but added: “We haven’t had what you could describe as a Taser-related death in the United Kingdom – that’s despite the fact that we’ve been using them for 10 years”

A separate FOI from February found that in 2011 Tasers were discharged 1,371 times in the year ending March 2011, a 66% rise on the previous year.

In a statement to the Guardian, Steve Tuttle, vice-president of communications for Taser International, said that in the vast majority of cases, “the cause of death has nothing to do with the Taser deployments and to date in the UK there are no deaths in which the Taser has been listed as the cause of death”.

He said the company’s “preferred targeting zones” were “best practices” that “take into consideration the most effective areas for placement on moving and/or violent subjects that don’t always co-operate.

“We occasionally modify recommendations and warnings to reflect a best practices approach for our customers to consider,” he added. “The release of our [2009] training bulletin should not be interpreted as a significant change in how our products should be used. The recommendations should be viewed as best practices that mitigate risk management issues resulting in more effective deployments while maximising safety considerations such as avoiding face, neck, and chest/breast shots.”

In the US, Taser was recently ordered to pay $5m (£3.3m) to the family of 17-year-old Darryl Turner, who died in 2008 after being shot by police with a Taser.

The lawyer in that case, John Burton, from Pasedena, California, said that by aiming for the chest, UK police were being irresponsible.

“This is just so irresponsible. I’m shocked to hear this,” Burton said. “If UK cops are shooting people in the chest it just shows that they just don’t take things seriously.”

Sophie Khan, a UK solicitor who specialises in Taser cases, said Taser’s guidance “is meant to be there to protect the public and the police from civil claims”.

She added: “From what I see people are being shot in the chest and stomach, when they don’t even need to be Tasered in the first place, that’s what’s happened.”

Shiv Malik and Charlie Mole
The Guardian, Sunday 14 July 2013 19.43 BST

Find this story at 14 July 2013

© 2013 Guardian News and Media Limited or its affiliated companies

Man shot with Taser dies; Electroshock weapon used on suspect during arrest in Manchester

A woman arrives with flowers at the scene in Gorton, Manchester, where a man was shot with a Taser and later died. Photograph: Christopher Thomond for the Guardian

A man has died after police shot him with a Taser, Greater Manchester police have said.

The 23-year-old was said to have suffered a “medical episode” and died after police fired at him with the stun gun.

Officers were responding to a disturbance at around 8.15pm on Wednesday in Gorton, Manchester, when they used the Taser while detaining the man.

The police force has referred the case to the Independent Police Complaints Commission.

Assistant Chief Constable Garry Shewan said: “Police received a 999 call reporting a disturbance on Beard Road in Gorton where there was a man with a knife.

“Officers were dispatched immediately and arrived in eight minutes. On arrival a Taser was discharged to detain a 23-year-old man.

“At this time it is unclear what happened, but at some point afterwards the man suffered a medical episode.

“Paramedics performed first aid on the man at the scene before he was taken to hospital where he sadly died.”

The death had been referred to the local coroner and police family liaison officers were supporting the family, police said.

Press Association
theguardian.com, Thursday 11 July 2013 06.50 BST

Find this story at 11 July 2013
© 2013 Guardian News and Media Limited or its affiliated companies.

Spy warned of Omagh bomb weeks before blast

A SECRET email reveals that intelligence chiefs were told that Omagh was a prime target for a terrorist attack – weeks before the Real IRA bomb that devastated the town.
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The communique from FBI spy David Rupert warned that dissident republicans were in the final stages of planning a major attack, and identified Omagh as a likely target.

The confidential memo now forms a key part of a report commissioned by victims’ families who are campaigning for a full public inquiry into the atrocity. Relatives claim the dossier proves that authorities failed to share vital intelligence, which they say could have prevented the bombing.

Although the report was presented to the British and Irish governments more than a year ago, the families have not been told if an inquiry will be held.

The victims’ relatives said they would go to court if their calls are rejected. It is understood that legal action could begin within weeks.

Michael Gallagher (pictured), who lost his son Aidan in the 1998 massacre, said the lack of answers from the governments was prolonging the families’ agony. The families were particularly critical of Taoiseach Enda Kenny and Justice Minister Alan Shatter.

INFORMANT

A spokeswoman for the Department of Justice in Dublin said Mr Shatter is still considering the report, presented to him by the group in July 2012.

The report draws on 4,000 emails from Mr Rupert, an American informant who infiltrated the Real IRA and Continuity IRA, and his MI5 handler. The huge tranche of emails are understood to provide detail on potential planning, locations and personnel for an attack in the weeks leading up to August 1998.

One of the emails identifies Omagh as being one of two likely targets. The note is marked secret and dated April 11, 1998 – four months before the bombing – and was sent by Mr Rupert to his handlers.

“Derry or Omagh would be 2 suspect viable targets,” it states.

Speaking in Omagh yesterday, Mr Gallagher said he was startled by the correspondence.

“We feel there was an enormous amount of intelligence available – that intelligence was not used properly. As a result of that we have had no convictions,” he said. He said that if a decision wasn’t made, or their calls were rejected, the families would launch legal action.

Adrian Rutherford – 09 August 2013

Find this story at 9 August 2013

© Independent.ie

Dark secrets Omagh bomb suspect Seamus McKenna took to the grave Lonely, chronic alcoholic who died penniless felt he was betrayed by Real IRA

In death, Seamus McKenna is an unlikely hero, a man who, according to the dissident Republican Network for Unity, had nobly spent his life “confronting partition and British rule in Ireland” and a man worthy of a paramilitary funeral this month.

In reality, his life was, by McKenna’s own admission, “a largely unhappy existence”. Not only was he very strongly suspected of driving the car bomb into Omagh that led to the deaths of 29 people and two unborn children in 1998, he was also a chronic alcoholic and a lonely, isolated man incapable of holding down work for more than a few weeks at a time.

I got to know him very well over the last two years. As an attorney in New York, I had discussed with some wealthy Irish-Americans the possibility of McKenna giving evidence against one of the accused in the Omagh case – the last-gasp attempt to finally win some convictions in the worst atrocity of the Troubles.

I first tracked him down to Simon Community-supported housing in Dundalk, where he had been living after splitting with his wife Catherine. I left a note under his door and he called me several hours later. In the window, I could see a pair of pants and a crinkled shirt drying in the living room and an empty can of beans and an unwashed plate on the table. Several of the men in nearby accommodation were long-term alcoholics who, like McKenna, would be homeless without subsidised housing.

I met him the next day, New Year’s Day 2011, at a Chinese restaurant in Dundalk.

He was wearing the khaki pants and chequered shirt that had been hanging in his living room and was wearing a smart pair of glasses. He looked nothing like his post-Omagh mugshot, when he was dragged into a police station still dressed in a building site woolly jumper and with unkempt, hopelessly outdated Seventies-style sideburns.

Over a meal, McKenna asked me why I had come all the way from America to see him. I said that I and many other people would be willing to help him out if he was willing to give evidence.

“About what?” “About events 13 years ago,” I said. “Events 13 years ago” needed no further explanation. “Ah … no, I don’t think I could do that,” he said, but added that he was willing to listen.

He was so nervous about any mention of the word “Omagh” that his hand would jitter and he would stumble to take a swig of his drink, so we used alternative phrases like “the thing that happened” or, as he preferred, “the civil action”. (He was the only one not found liable in a civil action taken by victims’ families against five of the bombers – the others included McKenna’s building company boss Colm Murphy and his workmate Seamus Daly.)

He told me that, as a result of the bombing, he had been barred, at least temporarily, from many of the pubs in Dundalk. “But not this one,” he said with pride, referring to the pub to which we had walked after our meal, as he ordered yet another pint of the Dutch lager he loved because, so he claimed, it gave a less severe hangover than Harp.

When he drank, he would open his mouth fully to meet the pint glass and take in a giant mouthful between his lips. If too much went in, he would blow some back into the glass before wiping his mouth and look at me through bleary, worn eyes.

He said that he could not give evidence on Omagh because it had taken him so long to rebuild a relationship with his family. I asked if his concern was security for his family or loss of esteem in their eyes.

“Loss of esteem,” he said bluntly. “I would give everything I have to bring my father back to life, I don’t want to lose my son.”

Although largely isolated, he found company in animals. His neighbour said McKenna left out bread for the wild birds in the winter and took great satisfaction in watching them eat it. “Sure who else would feed them?” McKenna said to me once.

Just when I was starting to enjoy his conversation, the depravity of Omagh would come back to mind. He had a habit of sitting sideways as he drank, and as he lifted his pint, it occurred to me that the hand in front of me is the one that allegedly changed the gears in a stolen Vauxhall that exploded in Omagh, killing the son of my friend Michael Gallagher, destroying three generations of the Grimes family, leaving Liz Gibson without a sister and permanently blinding Claire Gallagher, a talented young pianist.

“What do you think of the Omagh bombing?” I once asked in a pub in Dundalk in May 2011. “Do you think, like Padraig Pearse, that the blood of the people has to flow or do you think it was an atrocity?”

“I think it was a terrible thing,” he said. “But having said that, I would like to see British soldiers shot dead and I’d like to be the one pulling the trigger.”

“To what end?” I asked. “What better society can be created by killing more soldiers?”

“I don’t know,” he said, “but like I say, I’d like to be the one pulling the trigger.”

So much of his limited self-esteem was caught up in the republican cause that it was impossible for him to let go, and after a split in the Continuity IRA, he sided with the more militant Oglaigh na hEireann.

He wasn’t a boaster or a hard man like some IRA members, but he enjoyed a certain menace. “If you had approached me like this 10 years ago, you’d have been shot,” he told me over and over until I told him to shut up and deal with the present reality of his life.

When he was drinking, he made clumsy, pathetic moves on women. At closing time one night, the barmaid opened the door to let us out. “Ah, pet you’re great,” said McKenna, giving her a huge hug and refusing to let go, while pushing his body as close as possible to hers. She looked over her shoulder and grimaced at me. I told him we had to go. “Good girl,” said McKenna. “Good girl,” repeating it until I gripped his arm. “Jesus, great knockers,” he said to me as explanation for this excruciating scene.

The next morning, instead of joining my girlfriend and me at a local cafe for breakfast, he was already in the pub.

“Ye carry on, come over to the pub after,” he said. When we got there at 11am, he was already drunk, and leering all over my girlfriend, breaking off conversation with me to stare at her buttocks when she went up to the bar. He then asked her to come to his house to see “my wee dog. You’d like him. Come to my house any time,” he said, while wiping lager from his lips.

Despite the international outrage over Omagh, he soon got over his six-month-long self-pitying bender and was back building car bombs. In 2003, he was caught red-handed with some of the other suspects building a 1,000lb car bomb – twice the size of the Omagh bomb.

He found himself in Portlaoise jail with his old boss, Colm Murphy, who was in on unrelated charges and whom he found “quiet and very withdrawn, a bit odd really”.

Although he liked Murphy, he had nothing but disdain for Liam Campbell, the officer commanding of the Real IRA and the man who allegedly made the last of the vague warning calls on the day of the Omagh bombing. Campbell blamed McKenna for giving unclear details of the car’s locations to the rest of the bomb team. I asked McKenna directly why he didn’t like Campbell. “Why do you think?” he said bluntly.

Most upsetting for McKenna, and the other disaffected foot soldiers of the dissident terror groups, was the Criminal Assets Bureau investigation into Campbell, which revealed that he had more than €800,000 in the bank, a network of other payments to close associates, and at least five properties. (Not to mention 96 magnums of champagne found in his cow shed.)

“And we had nothing,” said McKenna. He said that he and now deceased Omagh suspect, Kevin ‘Kiddo’ Murray, and even Real IRA leader Michael McKevitt, realised too late that Campbell was using the Provisional IRA, and then the Real IRA, to disrupt security services along the border while he creamed off vast profits from smuggling. Their phoney war, which led to the deaths of so many innocent people, had been a giant scam.

McKenna admitted it one night, when he was preparing to walk to his sad little apartment. He could not afford a taxi and could only stagger home. “Campbell did us all in,” he said through sad eyes. “And we have nothing left. Nothing at all.”

By Sean O’Driscoll – 29 July 2013

Find this story at 29 July 2013

© www.belfasttelegraph.co.uk

Intelligence on Omagh bomb ‘withheld from police’

Security forces had two agents in the Real IRA but did not share that information with Northern Ireland officers, report claims

The Omagh Support and Self Help Group report focuses on the role of two state agents who infiltrated the Real IRA. Photograph: Mike Mahoney/Reuters

MI5, the FBI and Garda special branch “starved” police in Northern Ireland of vital intelligence that could have prevented the Real IRA bomb that killed 29 people at Omagh in 1998, a damning new report on the atrocity concludes.

The investigation, commissioned by families of the Omagh victims, will show evidence that they claim proves that information from two key informers inside the Real IRA – one in the United States, the other in the Irish Republic – was not passed on to the Royal Ulster Constabulary.

The Omagh bomb was the single biggest atrocity of the Northern Ireland Troubles. No one has been convicted in a criminal court in connection with the bombing in the County Tyrone market town.

Ahead of the publication of the report in Omagh, the father of Aidan Gallagher, a young man killed in the blast, said access to new intelligence files proved that the FBI, the security services and the Garda’s crime and security branch (the Republic of Ireland’s main anti-terrorist unit) all withheld vital information.

Michael Gallagher, who has campaigned since the atrocity for a cross-border public inquiry, said: “All good policing is based on intelligence, especially prior intelligence before any criminal act is committed. In the case of the events running up to the Omagh bomb, it is now clear that the police in the north were starved of information. The security forces in America, Britain and the Republic had two key agents inside the Real IRA but did not share the information they were providing to the police in Northern Ireland.”

The Omagh Support and Self Help Group also demanded an inquiry into the explosion.

“There has been no full investigation into the circumstances surrounding the Omagh bomb. The inquest did not inquire into the intelligence, the criminal prosecutions did not lead to any convictions, and the civil action did not deal with the issue of preventability. The police investigation has been heavily criticised and the report highlights such concerns that the states [UK and Ireland] must now establish a full cross-border public inquiry,” a spokesperson for the group said, adding that failure to do so would be a failure to comply with obligations under article 2(1) and article 3 of the European convention on human rights.

“This report is compiled from a significant amount of information some of a sensitive nature which has come into the possession of the families,” the spokesperson said.

The report, compiled by London law firm SBP, aided by several retired security experts, focuses on the role of two state agents who infiltrated the Real IRA. They were David Rupert, an American who was run by the FBI, and Paddy Dixon, a convicted criminal who procured cars in the Irish Republic for the Real IRA for transporting car bombs into Northern Ireland throughout 1998.

Rupert arrived in Ireland in the mid 1990s and offered his services first to the Continuity IRA and later the Real IRA. The 6ft 5in, 20-stone bankrupt businessman with links to Irish Americans had been targeted by the FBI as a potential agent.

By the summer of 1997, Rupert became involved with British intelligence. An FBI agent took him to a hotel in central London, where he was introduced to an MI5 officer who called himself Norman.

Norman advised Rupert not to pass all his information to the Gardai and provided him with a PO box address and a secret contact phone number.

MI5 urged him to offer intelligence to the Continuity IRA about British army and police bases in Northern Ireland. Posing as American tourists awe-struck by the security installations, Rupert and his wife would stop at border crossing points such as Aughnacloy and take pictures and videos of themselves. According to the Omagh Self Help and Support group new intelligence files indicate Rupert was also aiding the Real IRA, including sending bomb component parts from America. It was Rupert’s testimony that helped convict the Real IRA founder Mickey McKevitt of organising acts of terrorism in 2003.

Dixon provided intelligence to a Garda handler on the Real IRA throughout 1998. He had a long-standing connection with a republican in south Co Dublin known as the Long Fellow. His handler suggested – under orders from senior Garda command – that his old agent reactivate his relationship with the Long Fellow, who owned a breaker’s yard in south Dublin where Dixon’s stolen cars were replaced and huge explosive devices were secreted inside the vehicles.

Over the next seven months Dixon would give the Garda vital insight into the Real IRA terror machine. Between February and August 1998 Dixon gave the Irish police force inside information on at least nine separate Real IRA attacks culminating in the bomb at Omagh.

The Omagh families claim the “starving of intelligence” coming from Rupert and Dixon was designed to bolster the pair’s credibility in the Real IRA’s eyes. However, the Omagh campaigners claim the new report will show that this was a lethal error of judgment in relation to the terror group’s final and most catastrophic attack in 1998.

Henry McDonald, Ireland correspondent
The Guardian, Thursday 8 August 2013

Find this story at 8 August 2013

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

David Kelly, ten years on: A spectacular failure of accountability

Ironically, those calling for an inquest into David Kelly’s death – ten years on today – base their arguments on precisely the values held so dear by professional journalists: the need for a full, impartial appraisal of the facts without fear or favour.

Ten years after the death of intelligence analyst David Kelly, the campaign for a formal inquest wages on. Shortly before his unnatural death in 2003, Kelly was outed as the BBC news source for a controversial report suggesting the government had lied in building its case for war with Iraq earlier that year. The fact that key questions remain unasked about an official investigation into a controversial death is nothing unheard of in British politics. But the Kelly case is unique because the most vociferous opponents of due process are not officials or politicians, but journalists.

This is even more odd because the journalists who are most outspoken against campaigners hail not from the predominantly conservative red tops, but from the so-called “liberal” media comprised of the broadsheets and broadcast newsrooms. It is respected columnists and opinion editorialists – not government spokespeople – who are routinely called on to make the case against campaigners. These are not journalists who tend to shy away from attacking the government or challenging established viewpoints. Indeed, they are journalists who predicate their life’s work on the unfettered scrutiny of power; who place the utmost professional value on evidence, impartiality and accuracy.

Yet in relation to the cause of Kelly’s death, even the evidence presented at the widely discredited Hutton Inquiry was, by the most conservative measure, conflicting. According to the official verdict, Kelly bled to death after cutting the ulnar artery in his left wrist. Yet paramedic Vanessa Hunt, the first medically trained professional to examine his body, told Hutton that

the amount of blood that was around the scene seemed relatively minimal and there was a small patch on his right knee, but no obvious arterial bleeding. There was no spraying of blood or huge blood loss or any obvious loss on the clothing […] His jacket was pulled to sort of mid forearm area and from that area down towards the hand there was dried blood, but no obvious sign of a wound or anything, it was just dried blood.

A secondary cause of death, according to the official verdict, was that Kelly had died from a lethal overdose of painkillers. But the toxicology report showed that the level of coproximal in Kelly’s blood was less than a third of what would normally be considered fatal and less than one pill was actually found in his stomach contents. Yet this kind of evidence remains elusive to journalists who continue to circulate assumptions disguised as facts: namely that Kelly swallowed 29 tablets based solely on a blister pack of 30 found on his person with only one tablet left (and incidentally, none of Kelly’s fingerprints).

What about Kelly’s state of mind? At the Hutton Inquiry, we heard expert witness testimony that he was acutely depressed over a supposed life’s work in ruins and ravaged by the shame of having breached the civil service code. But that testimony was provided by a consultant psychiatrist who had never actually met Kelly, let alone interacted with him during his final days and hours. It was based in large part on that of other witnesses, including Kelly’s close family. While they had spoken of him as “withdrawn” and “subdued”, this was primarily in the context of the period leading up to his appearance before the Foreign Affairs Select Committee on 14 July 2003. Following that, Kelly’s daughter and son-in-law, with whom he was staying at the time, described his demeanour repeatedly as “normal”, “calm”, “relaxed”, “relieved”, and eating and sleeping “very well” right up to the day of his disappearance. According to his sister (pdf), Sarah Pape, who spoke to Kelly by telephone two days before his death:

In my line of work I do deal with people who may have suicidal thoughts and I ought to be able to spot those, even on a telephone conversation. But I have gone over and over in my mind the two conversations we had and he certainly did not betray to me any impression that he was anything other than tired. He certainly did not convey to me that he was feeling depressed; and absolutely nothing that would have alerted me to the fact that he might have been considering suicide.

Of course, such testimony does not prove that Kelly did not commit suicide, any more than conflicting testimony proves that he did. But in the week following Hutton’s report, BBC and ITN journalists cited evidence that Kelly was suicidal no less than seven times in news reports without any qualification or caveat and without once mentioning evidence to the contrary.

For any journalist genuinely concerned with ‘the facts’, it would have been clear from the outset that the only thing we know in relation to this case is that we don’t know how Kelly died. It is possible that he did die in the way Hutton said he died (albeit extremely unlikely according to mainstream medical opinion), and that conflicting evidence was the result of random anomalies; just as it is possible that Kelly was murdered, with or without the connivance of elements within the British state. The point is that no cause of death has been established on the basis of likely probability, let alone beyond reasonable doubt.

But there is something else we know which is that there has been unprecedented misinformation, obstruction of justice and on-going suppression of information in relation to this case. Only around a quarter of the police documents submitted to Hutton have been published and much of the remaining evidence has been sealed under an extraordinarily high level of classification for 70 years. It includes medical reports, photographs of the body and supplementary witness statements. The justification for this enduring secrecy is to prevent undue distress to the bereaved. But David Kelly was a public servant who suffered an unnatural death in extremely controversial circumstances. In far less controversial cases, the interests of the bereaved never outweigh that of the public interest in having a formal coroner’s inquest into an unnatural death.

With occasional and notable exceptions, journalists’ persistent refusal to engage with the substance of this controversy reveals a blind spot in our system of democratic accountability, encapsulated by the label of “conspiracy theory”. This taboo, which operates within journalist and academic circles alike, has some sound basis. It discriminates against conjecture often associated with tabloid sensationalism or internet subcultures that respond to secrecy or uncertainty with unfounded reasoning. This kind of theorising has also provided the foundation for racist and extremist ideology upon which acts of terror, genocide and ethnic cleansing have been predicated.

Such a cautionary approach, however, has led to an outright rejection of the idea that particular groups of powerful people might make, in the words of terrorism expert Jeffrey Bale, “a concerted effort to keep an illegal or unethical act or situation from being made public”. Yet both historical precedent and contemporary events suggest that such instances are a regular feature of real-world politics. The Chilcott Inquiry into the Iraq War, for instance, has surfaced considerable evidence that the decision to invade Iraq was taken in secret and long before it was publicly announced and justified on what turned out to be false intelligence. The problem amounts to an “intellectual resistance” with the result that “an entire dimension of political history and contemporary politics has been consistently neglected” (Bale 1995).

Ironically, those calling for an inquest into David Kelly’s death – ten years on today – base their arguments on precisely the values held so dear by professional journalists: the need for a full, impartial appraisal of the facts without fear or favour. The baseless conjecture associated with conspiracy theory, on the other hand, characterises precisely the way in which most journalists have approached this case. Above all, it is the enduring silence of newsrooms which has shielded successive governments from pressure for an inquest or from challenge to their persistent refusals to hold one.

The fires of injustice rage unabated. It took a lot longer than ten years for the relatives of Stephen Lawrence, Bloody Sunday and Hillsborough victims to get some semblance of accountability from the state. For the relatives of Daniel Morgan, the victims of the Iraq War, Lockerbie, secret rendition and torture, the struggle continues. If nothing else, campaigners for an inquest into David Kelly’s death have succeeded in drawing some attention to yet another spectacular failure of British justice.

Justin Schlosberg is a media activist, researcher and lecturer at Birkbeck, University of London. He is the author of Power Beyond Scrutiny: Media, Justice and Accountability

By Justin Schlosberg Published 17 July 2013 8:59

Find this story at 17 July 2013

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Dr David Kelly: 10 years on, death of scientist remains unresolved for some

Death of WMD dossier scientist contributed to erosion of trust in politics

Dr David Kelly during questioning by a Commons select committee in 2003. Photograph: PA

It was a case of the political becoming personal, only so overwhelmingly, that it crushed a man. A decade ago on Wednesday, just after 3.20pm, Dr David Kelly began a walk from his Oxfordshire home that ended the next morning with the discovery of his body, slumped in a wood.

The Kelly family lost a loved one and a chain of events was set off that damaged trust in the Blair government and decapitated the leadership of the BBC.

Kelly was the distinguished government scientist who hunted down weapons of mass destruction of the kind used by the Blair government to justify the 2003 war with Iraq. The problem was the Saddam Hussein regime did not have them.

A BBC Today programme report claimed the government had embellished or “sexed up” the intelligence it presented to the public in 2003 to justify the war.

A furore erupted between the government, led by chief spin doctor Alastair Campbell, and the BBC, which refused to back down, having failed to spot the flaws in its reporting.

Kelly was outed as the BBC’s source, felt publicly humiliated and was reprimanded by his bosses. A proud man felt let down by them, and that his reputation built up over a lifetime was being irreparably tarnished.

In the days before that final walk Kelly’s family said they had never seen him so low. As news of his death spread, the normally self-assured Blair seemed stunned when a reporter cried: “Do you have blood on your hands?”

Kelly’s death led not to an inquest, but a public inquiry by Lord Hutton, which brought a rare glimpse into the secret worlds of Whitehall, British intelligence, the low arts of high politics, and the workings of the BBC.

Its conclusion largely absolved the government of blame, and surprised observers.

Its criticism of the BBC led to the demise at the corporation of then chairman Gavyn Davies, correspondent Andrew Gilligan and director general Greg Dyke, who on Tuesday said history has proven the broadcaster was right: “Ten years on, it is very difficult to find anyone who believes they did not ‘sex up’ that document.”

Debate still surrounds Hutton’s conclusion that Kelly committed suicide. The inquiry found that Kelly died after cutting an artery, had taken an overdose of painkillers and had heart disease which left his arteries “significantly narrowed”. Thus, said experts, less blood loss may have killed the scientist than that needed to kill a healthy man.

Among those who have called for an inquest or have doubts it was a suicide are former Tory leader Michael Howard, and Liberal Democrat minister Norman Baker, who wrote a book saying Kelly was most likely murdered.

A group of doctors say Hutton’s findings should be discarded and a new inquest held. Dr Stephen Frost said: “We have lots of evidence … No coroner in the land would reach a verdict of suicide as Lord Hutton did.”

Experts in forensic pathology point out the sceptics may be expert in their own fields, but not in the science of establishing the cause of death.

Hutton has kept silent since his report, breaking it only to write a letter denouncing the conspiracy theorists. Hutton’s conclusion is supported by the available facts and experts: “At no time … was there any suggestion from any counsel for the interested parties or in any of the extensive media coverage that any of the police officers engaged in investigating Dr Kelly’s death or any of the medical or scientific witnesses was involved in any sort of cover-up or plot to make a murder appear like a suicide.”

Dyke claimed that: “Some of Dr Kelly’s wider family don’t believe it’s suicide.”

But the Conservative-led government has said the evidence for suicide is so compelling there is no need for a fresh hearing.

Ben Page, chief executive of pollsters Ipsos Mori said the row over the 2003 Iraq war was part of a continued lack of trust in government and politicians: “It was part of the continuum of declining trust.”

“It is clear that Dr Kelly and anger over the reason Britain joined in with the Iraq war are intertwined.”

Later this year the Chilcot report is expected, but for ex-BBC boss Dyke, a one-time supporter of Tony Blair, the verdict is in: “History tells us Blair was destroyed by Iraq. Blair will be only remembered for that, just as Sir Anthony Eden will be remembered for Suez.”

Vikram Dodd
The Guardian, Tuesday 16 July 2013 23.07 BST

Find this story at 16 July 2013

© 2013 Guardian News and Media Limited or its affiliated companies.

Lockerbie bomber release linked to arms deal, according to secret letter

The release of the Lockerbie bomber was linked by the Government to a £400 million arms-export deal to Libya, according to secret correspondence obtained by The Sunday Telegraph.

An email sent by the then British ambassador in Tripoli details how a prisoner transfer agreement would be signed once Libya “fulfils its promise” to buy an air defence system.

The disclosure is embarrassing for members of the then Labour government, which always insisted that Abdelbaset al-Megrahi’s release was not linked to commercial deals.

The email, which contained a briefing on the UK’s relations with Colonel Muammar Gaddafi’s regime, was sent on June 8 2008 by Sir Vincent Fean, the then UK ambassador, to Tony Blair’s private office, ahead of a visit soon after he stepped down as prime minister.

Mr Blair flew to Tripoli to meet Gaddafi on June 10, in a private jet provided by the dictator, one of at least six visits Mr Blair made to Libya after quitting Downing Street.

The briefing, which runs to 1,300 words, contains revealing details about how keen Britain was to do deals with Gaddafi. It also suggests that:
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• the UK made it a key objective for Libya to invest its £80  billion sovereign wealth fund through the City of London

• the UK was privately critical of then President George Bush for “shooting the US in the foot” by continuing to put a block on Libyan assets in America, in the process scuppering business deals

• the Department for International Development was eager to use another Libyan fund worth £130 million to pay for schemes in Sierra Leone and other poverty-stricken countries.

The release of Megrahi in August 2009 caused a huge furore, with the Government insisting he had been released on compassionate grounds because he was suffering from terminal cancer, and that the decision was taken solely by the Scottish government.

Megrahi had been convicted in 2001 of the murder of 270 people when PanAm flight 103 from London to New York blew up over Lockerbie in Scotland in 1988. It remains Britain’s single worst terrorist atrocity.

Libya had been putting pressure on the UK to release Megrahi and in May 2007, just before he left Downing Street, Mr Blair travelled to Sirte to meet Gaddafi and Al-Baghdadi Ali al-Mahmoudi, Libya’s then prime minister.

At that meeting, according to Sir Vincent’s email, Mr Blair and Mr Baghdadi agreed that Libya would buy the missile defence system from MBDA, a weapons manufacturer part-owned by BAE Systems. The pair also signed a memorandum of understanding (MoU) for a prisoner transfer agreement (PTA), which the Libyans believed would pave the way for Megrahi’s release.

The British government initially intended the agreement to explicitly exclude Megrahi. However, ministers relented under pressure from Libya.

In December 2007, Jack Straw, then justice secretary, told his Scottish counterpart that he had been unable to secure an exclusion, but said any application to transfer Megrahi under the agreement would still have to be signed off by Scottish ministers.

With Mr Blair returning in June 2008 — as a guest of Gaddafi on his private jet — the government appears to have used the chance to press its case for the arms deal to be sealed. At the time, Britain was on the brink of an economic and banking crisis, and Libya, through the Libyan Investment Authority, had billions of pounds in reserves.

Sir Vincent gave Mr Blair’s office a briefing on the state of relations with Libya. The email suggests that Mr Blair was being used as a conduit.

Sir Vincent wrote: “There is one bilateral issue which I hope TB [Tony Blair] can raise, as a legacy issue. On 29 May 07 in Sirte, he and Libya’s PM agreed that Libya would buy an air defence system (Jernas) from the UK (MBDA). One year on, MBDA are now back in Tripoli (since 8 June) aiming to agree and sign the contract now — worth £400 million, and up to 2,000 jobs in the UK.

“Saif [Gaddafi’s son] says they are to come back to conclude; but there is opposition within the Libyan armed forces, from those in the Russian defence equipment camp. We think we have Col Q’s [Gaddafi’s] goodwill for this contract: it would be very helpful if he expressed it more clearly. This issue can also be raised with Libya’s PM, and the Planning Minister. It was PM Baghdadi who told the media on 29 May 07 that Libya would buy British.

“Linked (by Libya) is the issue of the 4 bilateral Justice agreements about which TB signed an MoU with Baghdadi on 29 May. The MoU says they will be negotiated within the year: they have been. They are all ready for signature in London as soon as Libya fulfils its promise on Jernas.”

The PTA was signed in November 2008 by Bill Rammell, a foreign office minister.

Megrahi was diagnosed with prostate cancer and released in August 2009 on compassionate grounds when he was given three months to live. He died in May 2012.

The Libyans never signed the arms deal, MBDA said yesterday. “MBDA operates, at all times, strictly within the limits of clearly defined export licensing regimes issued by the relevant Government authorities,” a spokesman said.

“All MBDA’s dealings with Libya were purely commercial and in accordance with the EU directive at the time.”

The disclosure of the email, which was obtained by The Sunday Telegraph as a result of a Freedom of Information request, angered the relatives of victims of the bombing.

Pam Dix, whose brother Peter died at Lockerbie, said: “It appears from this email that the British government was making a clear correlation between arms dealing with Libya and the signing of the prisoner transfer agreement.

“We were told Megrahi’s release was a matter strictly for the Scottish government but this shows the dirty dealing that was going on behind the scenes.”

Lord Mandelson, who was business secretary when Megrahi was released, said he was unaware of any possible links between commercial deals and negotiations over a release.

He said: “Based on the information that I was given at the time, I made clear the government’s position. I was not aware of the correspondence covered in this FOI request.”

Jack Straw, who negotiated the PTA, said no deals were done over Megrahi, and it was always a decision for the Scottish government.

The email from Sir Vincent also informed Mr Blair on the latest stage of Megrahi’s bid for release, and urged him to fend off any demands that he be sent back. By 2008, Megrahi was appealing against his conviction for mass murder.

“Col Q may very well raise Megrahi,” wrote Sir Vincent, “Saif [Gaddafi’s son] raised the case … last week. It is now before the Scottish Appeal Court and sub-judice.

“While the appeal is current, no request to invoke the PTA can be made in that case. Were the appeal to fail and a request for Megrahi’s return to Libya were to be made subsequently, it would be for Scottish ministers to decide on any such request — not a question for HMG [Her Majesty’s Government].”

A spokesman for Mr Blair said that the prisoner transfer agreements did not relate to Megrahi. The email, he added, did not show “that the UK government was trying to link the defence deal and Megrahi”.

He said: “Actually it shows the opposite — that any linkage was from the Libyan side.

“As far as we’re aware there was no linkage on the UK side. What the email in fact shows is that, consistent with what we have always said, it was made clear to the then Libyan leader that the release of Megarahi was a matter for Scotland and was not a matter for Her Majesty’s Government.

“As we’ve said before, the subjects of the conversations during Mr Blair’s occasional visits was [sic] primarily Africa, as Libya was for a time head of the African Union; but also the Middle East and how Libya should reform and open up.

“Of course the Libyans, as they always did, raised Megrahi. Mr Blair explained, as he always did, in office and out of it, that it was not a decision for the UK government but for the Scottish Executive [formerly the name for the Scottish government].”

By Robert Mendick, and Edward Malnick
9:03PM BST 27 Jul 2013

Find this story at 27 July 2013

© Copyright of Telegraph Media Group Limited 2013

NSA and GCHQ – too close for comfort

It makes sense for the US and UK to co-operate and share, but payments between the two agencies must mean influence

‘One budget report states GCHQ (right) will spend money according to NSA and UK government requirements – in that order.’ Photographs: EPA/NSA; Barry Batchelor/PA

The intelligence files leaked by the whistleblower Edward Snowden have highlighted two major issues that are specific to Britain. Neither have been welcomed by the government or our security agencies, and most of the political classes are trying to ignore them too. The first involves tactics.

Thanks to Snowden, we have found out about techniques that have given GCHQ the capability to suck up vast amounts of people’s personal data from the cables that carry the internet in and out of the country.

The programme, called Tempora, is unquestionably ingenious, but it is underpinned by laws that are outdated and poorly worded.

Even the most sympathetic of scrutinising bodies – the parliamentary intelligence and security committee (ISC) – has put a question mark over this legislative framework.

The second issue involves British strategic thinking. The files seen by the Guardian are explicit about the importance of the UK’s relationship with the US, and the desire for GCHQ to be as tightly bound as possible to its US counterpart, the National Security Agency. They will doubtless be welcomed by anyone who believes that the need for a “special relationship” with Washington – which has underpinned UK foreign policy since the second world war – is pre-eminent.

But in the light of these latest revelations, it is also right to assess the price we are paying for this relationship, and the compromises that come with it.

Without Snowden, we would not have known that the NSA pays GCHQ tens of millions of pounds a year.

These are the payments we actually know about – there may be others, because so many of our intelligence projects and programmes are historic and interlinked.

Yet none of the bodies that have notional responsibility for overseeing the money flowing into and out of GCHQ – the National Audit Office (NAO), the public accounts committee, the ISC – have ever mentioned these sums.

The NAO and the public accounts committee almost certainly didn’t know about them. It is worth dwelling on this. The US government is paying money to support Britain’s most important intelligence-gathering service. Would this be regarded as normal, or acceptable, in any other institution, such as the police or the military, both of whom work closely with the US?

And what does the US expect to get from this investment? Quite a bit, seems to be the answer. The influence the NSA has over GCHQ seems considerable. Whether this is down to the money, or the pressure a senior partner in a relationship can bring to bear, is not entirely clear.

Common sense suggests it’s a mixture of the two. What is clear is this: the Snowden files are littered with remarks from GCHQ senior and middle managers worrying about the NSA “ask” and whether the British agency is doing enough to meet it.

One budget report states GCHQ will spend money according to NSA and UK government requirements – in that order. Does GCHQ feel compromised by this? If it does, it seems the imperative of keeping close to the Americans is overriding. That appears to be the view of the Cabinet Office too.

Asked about the NSA payments, the American demands and the concerns that the UK might be vulnerable to being pushed about, the Cabinet Office said: “In a 60-year close alliance it is entirely unsurprising that there are joint projects in which resources and expertise are pooled, but the benefits flow in both directions.”

It may be entirely unsurprising in Whitehall that our subservience has been institutionalised in this way, but everyone else is entitled to ask whether that makes it healthy or right.

People are also entitled to ponder whether the price of keeping the Americans so close might involve undertaking some of their “dirty work” – developing intelligence-gathering techniques that are beyond the US legislative and judicial framework, but can be accommodated within ours.

Critics of the ISC argue it is simply too under-resourced and uncritical to give plausible answers to such questions; and the pronouncements of ministers who sign hundreds of warrants every year are hardly reassuring.

It would be naive to think that the US and the UK could work – or would want to work – in isolation of each other when its government-class shares many of the same perspectives on the world.

There are many advantages to sharing intelligence. But sovereignty and independence are important too. The NSA and GCHQ seem deeply enmeshed and interlinked, but the line between the agencies needs to be drawn more clearly.

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Nick Hopkins
theguardian.com, Thursday 1 August 2013 16.04 BST

Find this story at 1 August 2013

© 2013 Guardian News and Media Limited or its affiliated companies.

Exclusive: NSA pays £100m in secret funding for GCHQ

• Secret payments revealed in leaks by Edward Snowden
• GCHQ expected to ‘pull its weight’ for Americans
• Weaker regulation of British spies ‘a selling point’ for NSA

The NSA paid £15.5m towards redevelopments at GCHQ’s site in Bude, north Cornwall, which intercepts communications from the transatlantic cables that carry internet traffic. Photograph: Kieran Doherty/Reuters

The US government has paid at least £100m to the UK spy agency GCHQ over the last three years to secure access to and influence over Britain’s intelligence gathering programmes.

The top secret payments are set out in documents which make clear that the Americans expect a return on the investment, and that GCHQ has to work hard to meet their demands. “GCHQ must pull its weight and be seen to pull its weight,” a GCHQ strategy briefing said.

The funding underlines the closeness of the relationship between GCHQ and its US equivalent, the National Security Agency. But it will raise fears about the hold Washington has over the UK’s biggest and most important intelligence agency, and whether Britain’s dependency on the NSA has become too great.

In one revealing document from 2010, GCHQ acknowledged that the US had “raised a number of issues with regards to meeting NSA’s minimum expectations”. It said GCHQ “still remains short of the full NSA ask”.

Ministers have denied that GCHQ does the NSA’s “dirty work”, but in the documents GCHQ describes Britain’s surveillance laws and regulatory regime as a “selling point” for the Americans.

The papers are the latest to emerge from the cache leaked by the American whistleblower Edward Snowden, the former NSA contractor who has railed at the reach of the US and UK intelligence agencies.

Snowden warned about the relationship between the NSA and GCHQ, saying the organisations have been jointly responsible for developing techniques that allow the mass harvesting and analysis of internet traffic. “It’s not just a US problem,” he said. “They are worse than the US.”

As well as the payments, the documents seen by the Guardian reveal:

• GCHQ is pouring money into efforts to gather personal information from mobile phones and apps, and has said it wants to be able to “exploit any phone, anywhere, any time”.

• Some GCHQ staff working on one sensitive programme expressed concern about “the morality and ethics of their operational work, particularly given the level of deception involved”.

• The amount of personal data available to GCHQ from internet and mobile traffic has increased by 7,000% in the past five years – but 60% of all Britain’s refined intelligence still appears to come from the NSA.

• GCHQ blames China and Russia for the vast majority of cyber-attacks against the UK and is now working with the NSA to provide the British and US militaries with a cyberwarfare capability.

The details of the NSA payments, and the influence the US has over Britain, are set out in GCHQ’s annual “investment portfolios”. The papers show that the NSA gave GCHQ £22.9m in 2009. The following year the NSA’s contribution increased to £39.9m, which included £4m to support GCHQ’s work for Nato forces in Afghanistan, and £17.2m for the agency’s Mastering the Internet project, which gathers and stores vast amounts of “raw” information ready for analysis.

The NSA also paid £15.5m towards redevelopments at GCHQ’s sister site in Bude, north Cornwall, which intercepts communications from the transatlantic cables that carry internet traffic. “Securing external NSA funding for Bude has protected (GCHQ’s core) budget,” the paper said.

In 2011/12 the NSA paid another £34.7m to GCHQ.

The papers show the NSA pays half the costs of one of the UK’s main eavesdropping capabilities in Cyprus. In turn, GCHQ has to take the American view into account when deciding what to prioritise.

A document setting out GCHQ’s spending plans for 2010/11 stated: “The portfolio will spend money supplied by the NSA and UK government departments against agreed requirements.”

Other documents say the agency must ensure there has been “an appropriate level of contribution … from the NSA perspective”.

The leaked papers reveal that the UK’s biggest fear is that “US perceptions of the … partnership diminish, leading to loss of access, and/or reduction in investment … to the UK”.

When GCHQ does supply the US with valuable intelligence, the agency boasts about it. In one review, GCHQ boasted that it had supplied “unique contributions” to the NSA during its investigation of the American citizen responsible for an attempted car bomb attack in Times Square, New York City, in 2010.

No other detail is provided – but it raises the possibility that GCHQ might have been spying on an American living in the US. The NSA is prohibited from doing this by US law.

Asked about the payments, a Cabinet Office spokesman said: “In a 60-year alliance it is entirely unsurprising that there are joint projects in which resources and expertise are pooled, but the benefits flow in both directions.”

A senior security source in Whitehall added: “The fact is there is a close intelligence relationship between the UK and US and a number of other countries including Australia and Canada. There’s no automaticity, not everything is shared. A sentient human being takes decisions.”

Although the sums represent only a small percentage of the agencies’ budgets, the money has been an important source of income for GCHQ. The cash came during a period of cost-cutting at the agency that led to staff numbers being slashed from 6,485 in 2009 to 6,132 last year.

GCHQ seems desperate to please its American benefactor and the NSA does not hold back when it fails to get what it wants. On one project, GCHQ feared if it failed to deliver it would “diminish NSA’s confidence in GCHQ’s ability to meet minimum NSA requirements”. Another document warned: “The NSA ask is not static and retaining ‘equability’ will remain a challenge for the near future.”

In November 2011, a senior GCHQ manager working in Cyprus bemoaned the lack of staff devoted to one eavesdropping programme, saying: “This is not sustainable if numbers reduce further and reflects badly on our commitments to the NSA.”

The overriding necessity to keep on the right side of the US was revealed in a UK government paper that set out the views of GCHQ in the wake of the 2010 strategic defence and security review. The document was called: “GCHQ’s international alliances and partnerships: helping to maintain Britain’s standing and influence in the world.” It said: “Our key partnership is with the US. We need to keep this relationship healthy. The relationship remains strong but is not sentimental. GCHQ must pull its weight and be seen to pull its weight.”

Astonishingly, the document admitted that 60% of the UK’s high-value intelligence “is based on either NSA end-product or derived from NSA collection”. End product means official reports that are distillations of the best raw intelligence.

Another pitch to keep the US happy involves reminding Washington that the UK is less regulated than the US. The British agency described this as one of its key “selling points”. This was made explicit two years ago when GCHQ set out its priorities for the coming years.

“We both accept and accommodate NSA’s different way of working,” the document said. “We are less constrained by NSA’s concerns about compliance.”

GCHQ said that by 2013 it hoped to have “exploited to the full our unique selling points of geography, partnerships [and] the UK’s legal regime”.

However, there are indications from within GCHQ that senior staff are not at ease with the rate and pace of change. The head of one of its programmes warned the agency was now receiving so much new intelligence that its “mission management … is no longer fit for purpose”.

In June, the government announced that the “single intelligence account” fund that pays for GCHQ, MI5 and MI6 would be increased by 3.4% in 2015/16. This comes after three years in which the SIA has been cut from £1.92bn to £1.88bn. The agencies have also been told to make £220m savings on existing programmes.

The parliamentary intelligence and security committee (ISC) has questioned whether the agencies were making the claimed savings and said their budgets should be more rigorously scrutinised to ensure efficiencies were “independently verifiable and/or sustainable”.

The Snowden documents show GCHQ has become increasingly reliant on money from “external” sources. In 2006 it received the vast majority of its funding directly from Whitehall, with only £14m from “external” funding. In 2010 that rose to £118m and by 2011/12 it had reached £151m. Most of this comes from the Home Office.

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Nick Hopkins and Julian Borger
The Guardian, Thursday 1 August 2013 16.04 BST

Find this story at 1 August 2013

© 2013 Guardian News and Media Limited or its affiliated companies.

For Western Allies, a Long History of Swapping Intelligence

BERLIN — When Edward J. Snowden disclosed the extent of the United States data mining operations in Germany, monitoring as many as 60 million of the country’s telephone and Internet connections in one day and bugging its embassy, politicians here, like others in Europe, were by turns appalled and indignant. But like the French before them, this week they found themselves backpedaling.

In an interview released this week Mr. Snowden said that Germany’s intelligence services are “in bed” with the National Security Agency, “the same as with most other Western countries.” The assertion has added to fresh scrutiny in the European news media of Berlin and other European governments that may have benefited from the enormous American snooping program known as Prism, or conducted wide-ranging surveillance operations of their own.

The outrage of European leaders notwithstanding, intelligence experts and historians say the most recent disclosures reflect the complicated nature of the relationship between the intelligence services of the United States and its allies, which have long quietly swapped information on each others’ citizens.

“The other services don’t ask us where our information is from and we don’t ask them,” Mr. Snowden said in the interview, conducted by the documentary filmmaker Laura Poitras and Jacob Appelbaum, a computer security researcher, and published this week in the German magazine Der Spiegel. “This way they can protect their political leaders from backlash, if it should become public how massively the private spheres of people around the globe are being violated.”

Britain, which has the closest intelligence relationship with the United States of any European country, has been implicated in several of the data operations described by Mr. Snowden, including claims that Britain’s agencies had access to the Prism computer network, which monitors data from a range of American Internet companies. Such sharing would have allowed British intelligence agencies to sidestep British legal restrictions on electronic snooping. Prime Minister David Cameron has insisted that its intelligence services operate within the law.

Another allegation, reported by The Guardian newspaper, is that the Government Communications Headquarters, the British surveillance center, tapped fiber-optic cables carrying international telephone and Internet traffic, then shared the information with the N.S.A. This program, known as Tempora, involved attaching intercept probes to trans-Atlantic cables when they land on British shores from North America, the report said.

President François Hollande of France was among the first European leaders to express outrage at the revelations of American spying, and especially at accusations that the Americans had spied on French diplomatic posts in Washington and New York.

There is no evidence to date that French intelligence services were granted access to information from the N.S.A., Le Monde reported last week, however, that France’s external intelligence agency maintains a broad telecommunications data collection system of its own, amassing metadata on most, if not all, telephone calls, e-mails and Internet activity coming in and out of France.

Mr. Hollande and other officials have been notably less vocal regarding the claims advanced by Le Monde, which authorities in France have neither confirmed nor denied.

Given their bad experiences with domestic spying, first under the Nazis and then the former the East German secret police, Germans are touchy when it comes to issues of personal privacy and protection of their personal data. Guarantees ensuring the privacy of mail and all forms of long-distance communications are enshrined in Article 10 of their Constitution.

When the extent of the American spying in Germany came to light the chancellor’s spokesman, Steffen Seibert, decried such behavior as “unacceptable,” insisting that, “We are no longer in the cold war.”

But experts say ties between the intelligence services remain rooted in agreements stemming from that era, when West Germany depended on the United States to protect it from the former Soviet Union and its allies in the East.

“Of course the German government is very deeply entwined with the American intelligence services,” said Josef Foschepoth, a German historian from Freiburg University. Mr. Foschepoth spent several years combing through Germany’s federal archives, including formerly classified documents from the 1950s and 1960s, in an effort to uncover the roots of the trans-Atlantic cooperation.

In 1965, Germany’s foreign intelligence service, known by the initials BND, was created. Three years later, the West Germans signed a cooperation agreement effectively binding the Germans to an intensive exchange of information that continues up to the present day, despite changes to the agreements.

The attacks on Sept. 11, 2001, in the United States saw a fresh commitment by the Germans to cooperate with the Americans in the global war against terror. Using technology developed by the Americans and used by the N.S.A., the BND monitors networks from the Middle East, filtering the information before sending it to Washington, said Erich Schmidt-Eenboom, an expert on secret services who runs the Research Institute for Peace Politics in Bavaria.

In exchange, Washington shares intelligence with Germany that authorities here say has been essential to preventing terror attacks similar to those in Madrid or London. It is a matter of pride among German authorities that they have been able to swoop in and detain suspects, preventing several plots from being carried out.

By focusing the current public debate in Germany on the issue of personal data, experts say Chancellor Angela Merkel is able to steer clear of the stickier questions about Germany’s own surveillance programs and a long history of intelligence sharing with the United States, which still makes many Germans deeply uncomfortable, more than two decades after the end of the cold war.

“Every postwar German government, at some point, has been confronted with this problem,” Mr. Foschepoth said of the surveillance scandal. “The way that the chancellor is handling it shows that she knows very well, she is very well informed and she wants the issue to fade away.”

Reporting contributed by Stephen Castle from London, Scott Sayare from Paris and Eric Schmitt from Washington.

July 9, 2013
By MELISSA EDDY

Find this story at 9 July 2013

© 2013 The New York Times Company

McLibel leaflet was co-written by undercover police officer Bob Lambert

Exclusive: McDonald’s sued green activists in long-running David v Goliath legal battle, but police role only now exposed

Bob Lambert posed as a radical activist named Bob Robinson.

An undercover police officer posing for years as an environmental activist co-wrote a libellous leaflet that was highly critical of McDonald’s, and which led to the longest civil trial in English history, costing the fast-food chain millions of pounds in fees.

The true identity of one of the authors of the “McLibel leaflet” is Bob Lambert, a police officer who used the alias Bob Robinson in his five years infiltrating the London Greenpeace group, is revealed in a new book about undercover policing of protest, published next week.

McDonald’s famously sued green campaigners over the roughly typed leaflet, in a landmark three-year high court case, that was widely believed to have been a public relations disaster for the corporation. Ultimately the company won a libel battle in which it spent millions on lawyers.

Lambert was deployed by the special demonstration squad (SDS) – a top-secret Metropolitan police unit that targeted political activists between 1968 until 2008, when it was disbanded. He co-wrote the defamatory six-page leaflet in 1986 – and his role in its production has been the subject of an internal Scotland Yard investigation for several months.

At no stage during the civil legal proceedings brought by McDonald’s in the 1990s was it disclosed that a police infiltrator helped author the leaflet.
The McLibel two: Helen Steel and David Morris, outside a branch of McDonald’s in London in 2005 after winning their case in the European court of human rights. Photograph: Martin Argles for the Guardian

A spokesman for the Met said the force “recognises the seriousness of the allegations of inappropriate behaviour and practices involving past undercover deployments”. He added that a number of allegations surrounding the undercover officers were currently being investigated by a team overseen by the chief constable of Derbyshire police, Mick Creedon.

And in remarks that come closest to acknowledging the scale of the scandal surrounding police spies, the spokesman said: “At some point it will fall upon this generation of police leaders to account for the activities of our predecessors, but for the moment we must focus on getting to the truth.”

Lambert declined to comment about his role in the production of the McLibel leaflet. However, he previously offered a general apology for deceiving “law abiding members of London Greenpeace”, which he said was a peaceful campaign group.

Lambert, who rose through the ranks to become a spymaster in the SDS, is also under investigation for sexual relationships he had with four women while undercover, one of whom he fathered a child with before vanishing from their lives. The woman and her son only discovered that Lambert was a police spy last year.

The internal police inquiry is also investigating claims raised in parliament that Lambert ignited an incendiary device at a branch of Debenhams when infiltrating animal rights campaigners. The incident occurred in 1987 and the explosion inflicted £300,000 worth of damage to the branch in Harrow, north London. Lambert has previously strongly denied he planted the incendiary device in the Debenhams store.
While McDonald’s won the initial legal battle, at great expense, it was seen as a PR disaster. Photograph: Image Broker/Rex Features

Lambert’s role in helping compose the McLibel leaflet is revealed in ‘Undercover: The True Story of Britain’s Secret Police’, which is published next week. An extract from the book will be published in the Guardian Weekend magazine. A joint Guardian/Channel 4 investigation into undercover policing will be broadcast on Dispatches on Monday evening.

Lambert was one of two SDS officers who infiltrated London Greenpeace; the second, John Dines, had a two-year relationship with Helen Steel, who later became the co-defendant in the McLibel case. The book reveals how Steel became the focus of police surveillance operations. She had a sexual relationship with Dines, before he also disappeared without a trace.

Dines gained access to the confidential legal advice given to Steel and her co-defendant that was written by Keir Starmer, then a barrister known for championing radical causes. The lawyer was advising the activists on how to defend themselves against McDonald’s. He is now the director of public prosecutions in England and Wales.

Lambert was lauded by colleagues in the covert unit for his skilful infiltration of animal rights campaigners and environmentalists in the 1980s. He succeeded in transforming himself from a special branch detective into a long-haired radical activist who worked as a cash-in-hand gardener. He became a prominent member of London Greenpeace, around the time it began campaigning against McDonald’s in 1985. The leaflet he helped write made wide-ranging criticisms of the company, accusing it of destroying the environment, exploiting workers and selling junk food.

Four sources who were either close to Lambert at the time, or involved in the production of the leaflet, have confirmed his role in composing the libellous text. Lambert confided in one of his girlfriends from the era, although he appeared keen to keep his participation hidden. “He did not want people to know he had co-written it,” Belinda Harvey said.

Paul Gravett, a London Greenpeace campaigner, said the spy was one of a small group of around five activists who drew up the leaflet over several months. Another close friend from the time recalls Lambert was really proud of the leaflet. “It was like his baby, he carried it around with him,” the friend said.

When Lambert’s undercover deployment ended in 1989, he vanished, claiming that he had to flee abroad because he was being pursued by special branch. None of his friends or girlfriends suspected that special branch was his employer.

It was only later that the leaflet Lambert helped to produce became the centre of the huge trial. Even though the activists could only afford to distribute a few hundred copies of the leaflet, McDonald’s decided to throw all of its legal might at the case, suing two London Greenpeace activists for libel.

Two campaigners – Steel, who was then a part-time bartender, and an unemployed postal worker, Dave Morris – unexpectedly stood their ground and refused to apologise.
Steel and Morris outside the high court at the start of the first proceedings in the McLibel trial in 1990. Photograph: Photofusion/UIG/ Getty Images

Over 313 days in the high court, the pair defended themselves, with pro bono assistance from Starmer, as they could not afford to hire any solicitors or barristers. In contrast, McDonald’s hired some of the best legal minds at an estimated cost of £10m. During the trial, legal argument largely ignored the question of who wrote the McLibel leaflet, focusing instead on its distribution to members of the public.

In 1997, a high court judge ruled that much of the leaflet was libellous and ordered the two activists to pay McDonald’s £60,000 in damages. This sum was reduced on appeal to £40,000 – but McDonald’s never enforced payment.

It was a hollow victory for the company; the long-running trial had exposed damaging stories about its business and the quality of the food it was selling to millions of customers around the world. The legal action, taking advantage of Britain’s much-criticised libel laws, was seen as a heavy handed and intimidating way of crushing criticism. However, the role of undercover police in the story remained, until now, largely unknown.

On Friday, Morris said the campaign against the burger chain was successful “despite the odds overwhelmingly stacked against us in the legal system and up against McDonald’s massive and relentless advertising and propaganda machine.

“We now know that other shadowy forces were also trying to undermine our efforts in the most disgusting, but ultimately futile ways. All over the world police and secret agents infiltrate opposition movements in order to protect the rich and powerful but as we have seen in so many countries recently people power and the pursuit of truth and justice is unstoppable, even faced with the most repressive and unacceptable Stasi-like tactics.”

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© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Second police spy says Home Office knew of theft of children’s identities

Former undercover officer Peter Francis says department helped spies by providing false passports in dead children’s names

Peter Francis, the former undercover police officer turned whistleblower. Photograph: Graham Turner for the Guardian

A second police spy has said the Home Office was aware that undercover police officers stole the identities of dead children to infiltrate political groups.

Peter Francis, a former undercover officer turned whistleblower, said the Home Office helped the spies by providing false passports in the names of the dead children.

His claim comes as Britain’s most senior police officer, Sir Bernard Hogan-Howe, is due to publish a report on Tuesday about the secret use of dead children’s identities.

It will be released on the same day that MPs on the home affairs select committee are due to question Mick Creedon, the chief constable who is leading the police investigation into the deployment of undercover officers in protest groups over a 40-year period.

Creedon has already conceded that the theft of the children’s identities was “common practice” within a covert special branch unit which operated between 1968 and 2008.

Earlier this month, Bob Lambert, one of the leading spies of the unit, claimed that the technique was “well known at the highest levels of the Home Office”.

In a practice criticised by MPs as “ghoulish” and “heartless”, undercover spies in the unit, the Special Demonstration Squad (SDS), searched through birth and death certificates to find children who had died at an early age. They then assumed the identity of the child and developed a persona based on that identity when they went undercover for five years or longer.

The spies were issued with fake documents such as passports, driving licences and national insurance numbers in the child’s name to further bolster their credibility.

Francis, who infiltrated anti-racist groups from 1993 to 1997, discussed the technique with the head of the SDS because he had reservations about stealing the identity of a four-year-old boy who had died. He did not disclose the name of the SDS head.

“We bounced it around – what were his thoughts, what were my thoughts. It was evident that it was standard practice,” Francis said.

The head of the SDS told him the Home Office knew the undercover spies “were using the children”, he said, as it gave fake passports to the spies knowing that they were in the names of the dead children.

The SDS was directly funded by the government, which received an annual report on its work for much of its existence.

A Home Office spokesperson said: “We expect the highest standards of professionalism in all aspects of policing. That is why Chief Constable Mick Creedon is leading an IPCC-supervised investigation which will ensure any criminality or misconduct is properly dealt with.”

Francis was an important source for the Guardian when the newspaper detailed the technique, dubbed the “jackal run” after Frederick Forsyth’s novel The Day of the Jackal, in February.

Speaking then as Pete Black, one of his undercover identities, Francis said he felt he was “stomping on the grave” of the boy whose identity he stole. “A part of me was thinking about how I would feel if someone was taking the names and details of my dead son for something like this,” he said at the time.

Last month, he said his superiors had asked him to find “dirt” that could be used to smear the family of Stephen Lawrence, the black teenager who was stabbed to death in a racist attack in 1993.

Lambert went undercover for four years in the 1980s to infiltrate environmental and animal rights groups. He adopted the persona of Bob Robinson, a seven-year-old boy who had died of a congenital heart defect.

Interviewed by Channel Four News this month, Lambert said that at the time he did not “really give pause for thought on the ethical considerations. It was, that’s what was done. Let’s be under no illusions about the extent to which that was an accepted practice that was well known at the highest levels of the Home Office.” Lambert fathered a child with a campaigner while he was undercover.

On Tuesday, Creedon is expected to be questioned by the select committee about whether the police will apologise to the parents whose children’s identities were taken. Creedon has said he has taken legal advice on whether the spies who stole the children’s identities could be put on trial.

Rob Evans
The Guardian, Monday 15 July 2013 18.35 BST

Find this story at 15 July 2013

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Operation Herne Report 1 Use of covert identities

Executive Summary

History
The Special Demonstration Squad (SDS) was an undercover unit formed by the
Metropolitan Police’s Special Branch. It operated between 1968 and 2008, during
which time it infiltrated and reported on groups concerned in violent protest.

Operation Herne
Operation Herne (formerly Soisson) was formed in October 2011 in response to
allegations made by the Guardian newspaper about alleged misconduct and criminality
engaged in by members of the SDS. Similar matters had been previously aired as early
as 2002 in a BBC documentary.

Operation Riverwood
On 4th February 2013 the Metropolitan Police received a public complaint from the
family of Rod Richardson, a young boy who had died in the 1970s. It is alleged that an
undercover officer working for the National Public Order Intelligence Unit (NPOIU) had
used this child’s details as his covert identity. This matter was referred to the IPCC. The
matter was returned to the force and is currently subject of a ‘local investigation’.

National Public Order Intelligence Unit
The NPOIU was formed within the MPS in 1999 to gather and coordinate intelligence.
In 2006 the governance responsibility for NPOIU was moved to the Association of
Chief Police Officers, after a decision was taken that the forces where the majority of
activity was taking place should be responsible for authorising future deployments. In
January 2011 the NPOIU was subsumed within other units under the National Domestic
Extremism Units within the MPS.
In January 1995 large numbers of police from London, Kent and Hampshire were
drafted to the West Sussex harbour of Shoreham in response to protests surrounding
the export of live animals to Europe. The Animal Liberation Front (ALF) and another
animal extremist group named ‘Justice Department’ had a strong base in the
community there. This led to a number of protests and in October 1995 there was a
further demonstration in Brightlingsea, Essex. This resulted in a record number of police
being deployed to prevent widespread public disorder. Ad-hoc protest groups emerged
and the need for first hand high quality intelligence was evident. This led to undercover
operatives being required to infiltrate these animal extremist organisations.

The purpose of the NPOIU was:
1 To provide the police service with the ability to develop a national threat assessment
and profile for domestic extremism.
2 Support the police service to reduce crime and disorder from domestic extremism.
3 Support a proportionate police response to protest activity.
4 Help the police service manage concerns of communities and businesses to
minimise conflict and disorder.

Control of the NPOIU moved to ACPO in 2006 under the direction of the ACPO National
Co-ordinator for Domestic Extremism, Assistant Chief Constable Anton Setchell. He
was replaced by Detective Chief Superintendent Adrian Tudway in 2010. The NPOIU
worked with the National Extremism Tactical Co-ordination Unit (NETCU) and the
National Domestic Extremism Team (NDET).
The NPOIU now exists as part of the National Domestic Extremism Unit (NDEU) under
the Metropolitan Police Service Specialist Operations and is run by Detective Chief
Superintendent Chris Greaney.

Deceased identities
On 5th February 2013 the Home Affairs Select Committee (HASC) questioned Deputy
Assistant Commissioner Gallan about the alleged practice that SDS officers had used
the details of dead children, as part of a cover identity for undercover police officers. At
the time DAC Gallan was based in the MPS Directorate of Professional Standards and
was in overall command of Operation Herne. Her appearance before the HASC led to
considerable media coverage and some negative commentary. As a result of the media
coverage, Operation Herne has now received enquiries from fourteen (14) families
regarding seventeen (17) children.

Operation Herne review
One hundred and forty-seven (147) named individuals are believed to have served as
police officers within the SDS at all ranks from Chief Superintendent down. This covers
the forty (40) years that the unit was in existence and not all the police officers were
deployed in undercover roles.
At this stage one hundred and six (106) covert identities have been identified as having
been used by the SDS between 1968 and 2008.
Forty-two (42) of these identities are either confirmed or highly likely to have used the
details of a deceased child.
Forty-five (45) of these identities have been established as fictitious. Work continues to
identify the provenance of the remaining identities.

Neither Confirm Nor Deny (NCND)
The policy of ‘neither confirming nor denying’ the use of or identity of an undercover
police officer is a long established one used by UK policing. It is essential so as to
provide for the necessary operational security and to ensure undercover officers are
clear that their identity will never be disclosed by the organisation that asked them to
carry out the covert activity. The duty of care owed to such officers is an absolute one
and applies during their deployments, throughout their service and continues when they
are retired.
Please note that this is an interim report specifically about the use of the identities of
deceased children and infants. It does not seek to cover either all of the activities of
the SDS nor has it been able to completely provide all the answers regarding the use
of covert identities. The report clearly explains the use of the tactic and is submitted
early given the need to deal with the public concerns and is provided in agreement with
the Home Office who sought to have this matter concluded before the parliamentary
summer recess.

Find this report at July 2013

Dead children’s IDs used by undercover police to be kept from families

The identities of 42 dead children whose names were assumed by undercover police officers will not be revealed to their relatives, according to a report.

The Metropolitan Police offered a general apology for the “shock and offence” the practice had caused.

But Commissioner Sir Bernard Hogan-Howe said revealing the identities used would endanger the officers concerned.

The senior officer who wrote the report on the 1980s practice told MPs it would not be used as a tactic today.

The report’s author, Derbyshire Chief Constable Mick Creedon, was asked to investigate in 2011 after the Guardian newspaper published allegations about the conduct of undercover officers.

He told the Home Affairs Select Committee ministers did not authorise the practice but refused to condemn the officers’ actions.

“It’s irrelevant what I think,” he said. “It is not a tactic we would use these days.

“It would feel very strange for me to criticise the actions of people 20, 30, 40-years-ago without knowing what they faced at the time.”

Earlier this year, the Guardian reported that officers had stolen the identities of about 80 children who died at an early age.
Anonymity ‘vital’

Mr Creedon’s report concluded that at least 42 children’s identities had, either definitely or very probably, been used by the Metropolitan Police’s Special Demonstration Squad (SDS) and its National Public Order Intelligence Unit (NPOIU).

The earliest known use of the tactic occurred between 1976 and 1981 and it was phased out from 1994 in the SDS, the report added.

But it also found that the practice might have been used by the NPOIU as recently as 2003, and that it was “highly possible” that its use was more widespread than currently understood.

The report said: “A range of officers at different ranks and roles have been interviewed by the investigation team. The information provided corroborates totally the belief that, for the majority of the existence of the SDS, the use of deceased children’s identities was accepted as standard practice.”

Sir Bernard said 14 families had contacted the Met to ask whether the identities of their relatives had been used by undercover officers.

The Met had apologised to them, and to another family that had heard separately that it might be affected by the revelations, he said.

“Undercover officers are brave men and women” and maintaining their anonymity is “vital”, Sir Bernard said.

He explained: “There are criminals behind bars and at large today who would have no qualms in doing serious harm if they discovered a former close confidant had been working for the police.

“That’s why undercover officers spent so much time building up their ‘legend’ or false identity, and why that identity must be protected forever.”
‘Rot’

Sir Bernard added: “I believe the public do understand the necessity for police and others to do things like this to protect against a much greater harm. It was never intended or foreseen that any of the identities used would become public, or that any family would suffer hurt as a result.

“At the time this method of creating identities was in use, officers felt this was the safest option.”

But Jules Carey, a solicitor acting for Barbara Shaw, who is concerned that her son Rod Richardson’s identity was used, said: “What we heard this morning was not an apology but a PR exercise.

“The families of the dead children whose identities have been stolen by the undercover officers deserve better than this.

“They deserve an explanation, a personal apology and, if appropriate, a warning of the potential risk they face, in the exceptional circumstances, that their dead child’s identity was used to infiltrate serious criminal organisations.

“The harvesting of dead children’s identities was only one manifestation of the rot at the heart of these undercover units which had officers lie on oath, conduct smear campaigns and use sexual relationships as an evidence-gathering tool.”

He added: “Ms Shaw has told me that she feels her complaint has been ‘swept under the carpet” and she has instructed me to appeal this outcome.”

UK
16 July 2013 Last updated at 16:29 GMT

Find this story at 16 July 2013

BBC © 2013 The BBC is not responsible for the content of external sites. Read more.

Met chief sorry for police spies using dead children’s identities

Sir Bernard Hogan-Howe releases report on surveillance used since 1970s but refuses to inform any affected families

Sir Bernard Hogan-Howe said families of dead children whose identities were used would not be approached, as that could put undercover officers in danger. Photograph: John Stillwell/PA

Britain’s most senior police officer has offered a general apology for the “morally repugnant” theft of dead children’s identities by undercover spies who infiltrated political groups.

But Bernard Hogan-Howe, the Metropolitan police commissioner, has refused to tell any families if the identities of their children were stolen by the undercover officers. He said he wanted to protect the spies from being exposed.

In a report published on Tuesday, he admitted that at least 42 police spies stole the identity of children who had died before they were 14 years old.

But the total number of such spies could be far higher as he conceded that the technique could have been more widespread than initially believed.

Hogan-Howe said he “should apologise for the shock and offence the use of this tactic has caused” among the public, after the Guardian revealed details of the policing method in February.

The commissioner argued that the families could not be informed as it could lead to the exposure of the undercover officers sent to infiltrate the political groups.

“It was never intended or foreseen that any of the identities used would become public, or that any family would suffer hurt as a result. At the time this method of creating identities was in use, officers felt this was the safest option” he added.

His decision drew immediate criticism. Jenny Jones, a Green party member of the London Assembly, said: “This falls short of coming clean to all the families whose children’s identities were harvested. In giving a blanket apology they have avoided the difficult task of apologising to real people.”

The Met has sent letters of apology to 15 families whose children died young, but has neither confirmed nor denied whether identities were stolen.

One case concerned a suspected spy, deployed between 1999 and 2003, who allegedly stole the identity of Rod Richardson, who died two days after being born in 1973.

The family’s lawyer, Jules Carey, said that Barbara Shaw, the mother of the dead boy, was taking legal action as she felt her complaint had been “swept under the carpet”.

Carey said Hogan-Howe’s apology was a PR exercise. He added: “The families of the dead children whose identities have been stolen by the undercover officers deserve better than this. They deserve an explanation, a personal apology. The harvesting of dead children’s identities was only one manifestation of the rot at the heart of these undercover units.”

Peter Francis, one of the spies who originally blew the whistle on the tactic, said the police should offer a personal apology to the families in the cases of spies whose identity had already been exposed. He agreed that the spies whose work remained secret should be protected.

The report, on Tuesday, was produced by Mick Creedon, the Derbyshire chief constable who is conducting an investigation into the activities of the undercover spies over 40 years.

Creedon revealed that the technique was used extensively as far back as 1976 and was authorised by senior police. He reported that the tactic became “an established practice that new officers were taught” within a covert special branch unit known as the special demonstration squad (SDS), which spied on political groups.

“This was not done by the officers in any underhand or salacious manner – it was what they were told to do,” Creedon added.

One senior spy is quoted as saying the undercover officers “spent hours and hours … leafing through death registers in search of a name [they] could call his own”.

“The genuine identities of the deceased children were blended with the officer’s own biographical details,” Creedon said.

The spies were issued with fake documents, such as passports and driving licences, to make their alter egos appear genuine in case suspicious activists started to investigate them.

The last time the tactic was used, according to Creedon, was 2003, by a spy working for a second covert unit – the national public order intelligence unit (NPOIU) – which infiltrated political campaigns.

Creedon said it was highly possible that the tactic was used by undercover officers in other units which infiltrated serious criminal gangs. “It would be a mistake to assume that the use of identities of dead children was solely within the SDS and the NPOIU.”

He said that the use of the technique “however morally repugnant, should not detract from the [spies’] bravery”.

Rob Evans and Paul Lewis
guardian.co.uk, Tuesday 16 July 2013 12.22 BST

Find this story at 16 July 2013

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Home Office ‘knew police stole children’s identities’

Bob Lambert admits to adopting the identity of a seven-year-old boy and has conceded to having four affairs while undercover

Bob Lambert was deployed as an animal rights activist named Bob Robinson in the 1980s.

A former police spymaster has claimed the practice of resurrecting the identities of dead children so they could be used by undercover officers was “well known at the highest levels of the Home Office”.

Bob Lambert, who is facing a potential criminal investigation over his work for a secret unit of undercover officers, admitted that when he was deployed as a spy himself, he adopted the identity of a seven-year-old boy who died of a congenital heart defect.

He also admitted to using his false identity in court and co-writing the “McLibel” leaflet that defamed the burger chain McDonald’s, resulting in the longest civil trial in English legal history.

Conceding publicly for the first time that he had four relationships with women while undercover, one of which resulted in him secretly fathering a child, he said: “With hindsight I can only say that I genuinely regret my actions, and I apologise to the women affected in my case.”

Lambert was deployed as an animal rights activist named “Bob Robinson” in the 1980s for a covert Metropolitan Police unit called the Special Demonstration Squad (SDS) which deployed undercover officers in political campaign groups. In the 1990s, he was promoted to manage other undercover operatives.

Over the last two years the Guardian has detailed the covert work of Lambert, one of the most controversial spies to have worked for the SDS and its sister squad, the National Public Order Intelligence Unit.

Until now, Lambert has either declined to comment in detail or said the Guardian’s reports amounted to “a misleading combination of truth, distortions, exaggerations and outright lies”.

However, in a Channel 4 News interview broadcast on Friday, Lambert admitted that many of the allegations made against him were true. “My reputation is never going to be redeemed for many people, and I don’t think it should be,” he told the programme. “I think I made serious mistakes that I should regret, and I always will do.”

Lambert said he was arrested “four or five” times while undercover and in 1986 he appeared in a magistrates court charged with a “minor public order offence”. He said he had to appear in court using his alter ego – rather than his real name – in order to “maintain cover”.

He also admitted to co-writing the McLibel leaflet. “I was certainly a contributing author to the McLibel leaflet,” he told the programme. “Well, I think, the one that I remember, the one that I remember making a contribution to, was called What’s Wrong With McDonald’s?”

Asked if that was ever disclosed to the court during the long-running civil trial, he replied: “I don’t know the answer to that question.”

Although he admitted having relationships with women, Lambert denied it was a deliberate tactic in the SDS to use relationships to gain access, saying “probably I became too immersed” in his alter ego. “I’d always been a faithful husband,” he said. “I only ever became an unfaithful husband when I became an undercover police officer.”

Harriet Wistrich, a lawyer representing eight women involved in relationships with Lambert and other undercover police said that there was a systematic pattern in which operatives repeatedly used long-term relationships to build their cover.

Almost all of the undercover officers identified so far – including those known to have worked under Lambert – had sexual relationships while operating covertly.

An SDS spy who has become a whistleblower, Peter Francis, has said that when he was deployed as an anti-racist campaigner, his superiors asked him to find “dirt” that could be used to smear the family of Stephen Lawrence, the black teenager who was stabbed to death in a racist attack in 1993.

His revelation has since triggered further investigations into alleged covert tactics used against the Lawrence family, their supporters and Duwayne Brooks, a friend of Stephen and the main witness to the murder.

On Friday, police chiefs admitted bugging a meeting with Brooks and his lawyer, Jane Deighton. Deighton said that Brooks, who is now a Lib Dem councillor, conveyed his concern in a meeting with the deputy prime minister, Nick Clegg.

In a previous Channel 4 News broadcast, Lambert denied the unit was involved in seeking to smear the Lawrence family during his tenure as deputy head of the unit.

He had a supervisory role when other spies, such as Jim Boyling and Mark Jenner, formed long-term relationships with people they were spying on. All are now under investigation.

The deployments of Francis, Lambert, Boyling and Jenner are detailed in a new book: Undercover: The True Story of Britain’s Secret Police.

Lambert has also been accused in parliament of igniting an incendiary device in a branch of Debenhams as part of a fire-bombing campaign by the Animal Liberation Front. Repeating earlier denials, he told Channel 4 News that the claim was “false”.

The home secretary, Theresa May, is coming under mounting pressure to announce an independent public inquiry into the affair. So far she has indicated that two pre-existing inquiries – one run by a barrister, the other an internal Met police review – are capable of investigating the allegations surrounding the Lawrences and Brooks.

Paul Lewis and Rob Evans
The Guardian, Saturday 6 July 2013

Find this story 6 July 2013

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Undercover policeman who impregnated one of his targets and impersonated a dead child apologises for ‘serious mistakes’

Bob Lambert had a five-year covert career using the alias Bob Robinson
The married office slept with four women and fathered a child with one
Lambert claims that being undercover led to his bad behaviour

Back in the day: During a covert career in which he infiltrated various groups, Bob Lambert has spoke of his disgust at some of his actions

A former Scotland Yard police officer who fathered a child with one of several targets he had relationships with while working undercover has apologised to the women.

Bob Lambert said he would always regret the ‘serious mistakes’ he made during a covert career which saw him use the identities of dead children, give evidence in court under his false name and co-author a libellous leaflet.

Mr Lambert used the alias Bob Robinson during his five years infiltrating environmentalist groups, when he was with the special demonstration squad (SDS), the Metropolitan Police unit that targeted political activists.

The revelation that the married officer slept with four women – fathering a child with one – sparked outrage.

In an interview with Channel 4 News, he said he accepts his behaviour was morally reprehensible and a gross invasion of privacy.

‘With hindsight, I can only say that I genuinely regret my actions, and I apologise to the women affected,’ he said.

‘I’d always been a faithful husband. I only ever became an unfaithful husband when I became an undercover police officer.’

The ex-officer declined to reveal whether his superiors were aware of the child – insisting he would only discuss that with an investigation into the activities of undercover police activities being led by the chief constable of Derbyshire.

Mr Lambert said he ‘didn’t really give pause for thought on the ethical considerations’ of adopting the identity of a dead child in 1984 as it was standard practice at the time.

‘That’s what was done. Let’s be under no illusions about the extent to which that was an accepted practice that was well known at the highest levels of the Home Office,’ he told the programme.

More…
Baby snatched from its pram and thrown to the floor outside a hospital by teenager who was on a legal high called Salvia

He confirmed that he had appeared in court as Bob Robinson but could not say whether the judiciary was made aware by the police that he was doing so.

‘On occasions I was arrested as Bob Robinson and to maintain cover I went through the process of arrest, detention, and on occasions, appearing in court,’ he said.
Lambert insists he was unaware of any campaign to smear family and friends of Stephen Lawrence

He denied it amounted to perjury as ’the position was that I was maintaining cover as Bob Robinson’.
But asked if the court was ‘made aware’, he added: ‘Well, that’s what needs to be established.’

Mr Lambert also confirmed that he helped write a libellous leaflet that attacked fast food giant McDonald’s and triggered the longest civil trial in English history.

McDonald’s famously sued two green campaigners over the leaflet in a landmark three-year high court case.

It was not disclosed during the costly civil legal proceedings brought by McDonalds in the 1990s that an undercover police officer helped write the leaflet.

‘I was certainly a contributing author to the McLibel leaflet. Well, I think, the one that I remember, the one that I remember making a contribution to, was called What’s Wrong With McDonalds?’, he told Channel 4.

Over the line: Bob Lambert in a more recent picture, fathered a child with one of his targets

Asked if that fact was disclosed during the proceedings, he said: ‘I don’t know.’

He repeated his rejection though of claims that he planted an incendiary device in a Debenhams store in Harrow in 1987, calling that a ‘false allegation’.

Mr Lambert, who was an SDS manager for five years, earlier this week insisted he had not been aware of any campaign against the family of murdered black teenager Stephen Lawrence.

Those claims were made by another veteran of the unit, Peter Francis, who alleges he was told to find information to use to smear the Lawrence family – who are calling for a public inquiry to examine the issue.

Home Secretary Theresa May has said they would be looked at by the Derbyshire probe and a separate inquiry led by barrister Mark Ellison QC into alleged corruption in the original Lawrence murder investigation, but has left open the possibility of other action.

‘My reputation is never going to be redeemed for many people, and I don’t think it should be,’ Mr Lambert said.

‘I think I made serious mistakes that I should regret, and I always will do. I think the only real comfort I can take from my police career is that the Muslim Contact Unit was about learning from mistakes.’

Belinda Harvey, one of eight women who are suing the Metropolitan Police over relationships with men who turned out to be undercover officers, rejected his apology.

‘Almost everything he said to me was a lie; why would I possibly believe what he says to me know.’ she told Channel 4.

‘If it hadn’t been for the case we’re bringing against the police, he would never have apologised and I would have lived the rest of my days not finding out the truth.’

Former director of public prosecutions Lord Macdonald of River Glaven said the latest evidence strengthened the case for a judge-led public inquiry.

‘It is as bad as I think we thought it was,’ he said.

‘He seems to have admitted a great deal of the conduct that people feared had been taking place.

‘It now sounds as though not only senior police officers but senior civil servants may have known what was going on.

‘It’s no good having this multitude of inquiries that are going on at the moment, one of them conducted by the police themselves which is pretty hopeless in my view.

‘We need a single public inquiry under a senior judicial figure to examine what happened, what went wrong, who authorised it and most of all to reassure us that its not going on still.’

By Daily Mail Reporter

PUBLISHED: 00:37 GMT, 6 July 2013 | UPDATED: 01:06 GMT, 6 July 2013

Find this story at 6 July 2013

© Associated Newspapers Ltd

Police to apologise for using dead children’s identities

Investigation into covert policing has found widespread use of the practice.

Senior police leaders are set to make an unprecedented national apology after hundreds of names of dead children were used to create false identities for undercover officers.

An investigation into covert policing has found widespread use of the practice.

Undercover officers told The Times that they were trained to use names of the dead and it had become “standard practice”.

Special branch units used the names while infiltrating criminal gangs, animal rights activists and football hooligan firms, it is claimed.

Sir Bernard Hogan-Howe, the Metropolitan Police Commissioner, will be questioned about the method after it was revealed that officers were told to gather “dirt” on the family of Stephen Lawrence.

Sources say that the practice may have been used in MI5 and MI6 and that several thousand identities of dead infants, children and teenagers may have been assumed by undercover officers.

An apology will be made senior police in the coming days.

Tom Foot
Friday, 5 July 2013

Find this story at 5 July 2013

© independent.co.uk

Scotland Yard to apologise for stealing dead children’s identities and giving them to undercover officers

Police chiefs are expected to formally apologise for using the names of dead children to create fake identities for undercover officers.

It had been thought that only officers in secret police units such as the Met Police’s Special Demonstration Squad, which was closed in 2008, had adopted dead children’s names as a new identity.

But Operation Herne, an ongoing investigation into the conduct of undercover police, has revealed that the practice was more widespread than originally thought and used by forces across the country.

Standard practice: It had been thought that the practice of using dead children’s names as identities for undercover officers was restricted to Scotland Yard’s Special Demonstrations Squad, but the practice is now said to have been more widespread

According to sources, undercover police officers infiltrating criminal networks and violent gangs were given dead people’s identities as ‘standard practice’, reported The Times.

The technique, which was regularly used in the 1960s and 1990s, is thought to have been last used in 2002.

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But it is thought that the technique was not restricted to police forces with other agencies such as HM Revenue & Customs said to have adopted the practice.

The apology could come as early as this month but police are not expected to contact families of the dead people whose names were used through fear that it could put officers who have taken part in undercover operations in the past in danger.

A way in: Dead children’s identities were used by undercover offices to infiltrate violent gangs and demonstration groups

A source told The Times: ‘This wasn’t an anomaly, it wasn’t something that was used in isolation by just one unit.

‘If you are infiltrating a sophisticated crime group they are going to check who you are, so you need a backstop, a cover story that has real depth and won’t fall over at the first hurdle.

Disapproving: Policing minister Damien Green has expressed his disappointment at the use of dead children’s names by police units

‘The way to do that was to build an identity that was based on a real person.’

It was reported earlier this year that around 80 names were used by officers over a 30 year period.

Set up in 2011, Operation Herne, which is expected to cost around £1.66million a year, will examine the conduct of all ranks of officers and even look at the actions of former Home Secretaries.

Both The Home Affairs Committee and Police minister Damian Green have spoken of their ‘disappointment’ that dead children’s names were used in investigations.

Back in may, Derbyshire Chief Constable Mick Creedon admitted that the practice had been widespread

A raft of allegations have been made since former PC Mark Kennedy was unmasked in 2011 as an undercover officer who spied on environmental protesters as Mark ‘Flash’ Stone – and had at least one sexual relationship with a female activist.

The revelation comes before Metropolitan Police Commissioner Sir Bernard Hogan Howe appears before MPs to answer questions over a number of controversies including claims last month that the family of murdered teenager Stephen Lawrence were targeted by undercover officers who were assigned to ‘get dirt’ on them.

Quiz: Metropolitan Police Commissioner Sir Bernard Hogan-Howe will face questions from MPs over a number of controversies

It also emerged that police admitted bugging meetings involving Duwayne Brooks, the friend who was with Stephen the night he was attacked.

The claims affecting Mr Brooks came after former undercover officer Peter Francis alleged that he had been told to find information to use to smear the Lawrence family.

Mr Francis, who worked with Scotland Yard’s former Special Demonstration Squad, spoke out about tactics that he said were used by the secretive unit in the 1980s and 1990s.

Investigation: A raft of allegations have been made since former PC Mark Kennedy was unmasked in 2011 as an undercover officer who spied on environmental protesters as Mark ¿Flash¿ Stone ¿ and had at least one sexual relationship with a female activist

By Steve Nolan

PUBLISHED: 11:07 GMT, 6 July 2013 | UPDATED: 11:13 GMT, 6 July 2013

Find this story at 6 July 2013

© Associated Newspapers Ltd

When states monitored their citizens we used to call them authoritarian. Now we think this is what keeps us safe

The internet is being snooped on and CCTV is everywhere. How did we come to accept that this is just the way things are?

These days we are all supects, or at least consumers. Photograph: Alamy

America controls the sky. Fear of what America might do can make countries divert planes – all because Edward Snowden might be on one.

Owning the sky has somehow got to me more than controlling the internet. Maybe because I am a simpleton and sometimes can only process what I can see – the actual sky, rather than invisible cyberspace in which data blips through fibre-optic cables.

Thus the everyday internet remains opaque to all but geeks. And that’s where I think I have got it wrong. My first reaction to the Prism leaks was to make stupid jokes: Spies spy? Who knew? The fact that Snowden looked as if he came from central casting didn’t help. Nor did the involvement of Julian Assange, a cult leader who should be in Sweden instead of a cupboard in an embassy.

What I failed to grasp, though, was quite how much I had already surrendered my liberty, not just personally but my political ideals about what liberty means. I simply took for granted that everyone can see everything and laughed at the idea that Obama will be looking at my pictures of a cat dressed as a lobster. I was resigned to the fact that some random FBI merchant will wonder at the inane and profane nature of my drunken tweets.

Slowly but surely, The Lives of Others have become ours. CCTV cameras everywhere watch us, so we no longer watch out for each other. Public space is controlled. Of course, much CCTV footage is never seen and often useless. But we don’t need the panopticon once we have built one in our own minds. We are all suspects.

Or at least consumers. iTunes thinks I might like Bowie; Amazon thinks I want a compact tumble dryer. Really? Facebook seems to think I want to date men in uniform. I revel in the fact that the algorithms get it as wrong as the man who knocks on my door selling fish out of a van. “And not just fish,” as he sometimes says mysteriously.

But how did I come to accept that all this data gathered about me is just the way it is? Wasn’t I once interested in civil liberties? Indeed, weren’t the Lib Dems? Didn’t freedom somehow incorporate the idea of individual privacy? When the state monitored all its citizens as though they were suspects – whether in East Germany or North Korea – we called it authoritarianism. Now we think it is what keeps us safe.

In 2009 I sat on a panel with Vince Cable at the cross-party Convention on Modern Liberty. Cable told us that a recession could provide the preconditions for fascism. Gosh, I thought, that’s a bit strong. Then the recession hit and austerity became the narrative that subsumed all debates about freedom. No one poor is free, and it is no coincidence that the poor are the most snooped on of all.

What Snowden, who is no spy, has revealed is the nature of the game: that surveillance is a huge private industry; that almost full control of the internet has been achieved already; that politicians here and in the US have totally acquiesced to industrial-scale snooping. There is a generation now made up of people who will never have had a private conversation online or by phone. These are my children. And should they or anyone else want to organise against the powers that be, they will be traceable. We have sleepwalked into this because liberty remains such an alien concept, still. But the US has the fourth amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure, shall not be violated.”

It has been violated. Bradley Manning is in prison, Guantánamo remains open, CIA agents who spoke out about waterboarding are banged up. And there are other kinds of whistleblowers who conveniently kill themselves. The letter from Daniel Somers, who served in Iraq, says he was made to do things he could not live with. He described his suicide as a mercy killing and reminded us that 22 veterans kill themselves every day. This is not whistleblowing. It is screaming into a void.

But we remain passive while other European countries are angry at what Snowden has told us. We maintain the special relationship. For Snowden, the truth will not set him free, it will imprison him for ever. We now debate whether we should exchange liberty for security, but it is too late. As John Locke said: “As soon as men decide all means are permitted to fight an evil, then their good becomes indistinguishable from the evil they set out to destroy.” He could have been talking about our passivity.

When did you surrender your freedom to communicate, something that was yours and yours alone, whether an email to a lover or a picture of your child? Ask yourself, do you feel safer now you know that you have no secrets? Now, the intimacies that are of no import to anyone but you have been subject to virtual extraordinary rendition. Because, fundamentally, your government does not trust you. Why therefore should you trust it?

Suzanne Moore
The Guardian, Wednesday 3 July 2013 20.00 BST

Find this story at 3 July 2013

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Answers to Frequently Asked Questions (FAQ) about Echelon

Q – What is Project ECHELON?

ECHELON is the term popularly used for an automated global interception and relay system operated by the intelligence agencies in five nations: the United States, the United Kingdom, Canada, Australia and New Zealand (it is believed that ECHELON is the code name for the portion of the system that intercepts satellite-based communications). While the United States National Security Agency (NSA) takes the lead, ECHELON works in conjunction with other intelligence agencies, including the Australian Defence Signals Directorate (DSD). It is believed that ECHELON also works with Britain’s Government Communications Headquarters (GCHQ) and the agencies of other allies of the United States, pursuant to various treaties. (1)

These countries coordinate their activities pursuant to the UKUSA agreement, which dates back to 1947. The original ECHELON dates back to 1971. However, its capabilities and priorities have expanded greatly since its formation. According to reports, it is capable of intercepting and processing many types of transmissions, throughout the globe. In fact, it has been suggested that ECHELON may intercept as many as 3 billion communications everyday, including phone calls, e-mail messages, Internet downloads, satellite transmissions, and so on. (2) The ECHELON system gathers all of these transmissions indiscriminately, then distills the information that is most heavily desired through artificial intelligence programs. Some sources have claimed that ECHELON sifts through an estimated 90 percent of all traffic that flows through the Internet. (3)

However, the exact capabilities and goals of ECHELON remain unclear. For example, it is unknown whether ECHELON actually targets domestic communications. Also, it is apparently very difficult for ECHELON to intercept certain types of transmissions, particularly fiber communications.

Q – How does ECHELON work?

ECHELON apparently collects data in several ways. Reports suggest it has massive ground based radio antennae to intercept satellite transmissions. In addition, some sites reputedly are tasked with tapping surface traffic. These antennae reportedly are in the United States, Italy, England, Turkey, New Zealand, Canada, Australia, and several other places. (4)

Similarly, it is believed that ECHELON uses numerous satellites to catch “spillover” data from transmissions between cities. These satellites then beam the information down to processing centers on the ground. The main centers are in the United States (near Denver), England (Menwith Hill), Australia, and Germany. (5)

According to various sources, ECHELON also routinely intercepts Internet transmissions. The organization allegedly has installed numerous “sniffer” devices. These “sniffers” collect information from data packets as they traverse the Internet via several key junctions. It also uses search software to scan for web sites that may be of interest. (6)

Furthermore, it is believed that ECHELON has even used special underwater devices which tap into cables that carry phone calls across the seas. According to published reports, American divers were able to install surveillance devices on to the underwater cables. One of these taps was discovered in 1982, but other devices apparently continued to function undetected. (7)
It is not known at this point whether ECHELON has been able to tap fiber optic phone cables.

Finally, if the aforementioned methods fail to garner the desired information, there is another alternative. Apparently, the nations that are involved with ECHELON also train special agents to install a variety of special data collection devices. One of these devices is reputed to be an information processing kit that is the size of a suitcase. Another such item is a sophisticated radio receiver that is as small as a credit card. (8)

After capturing this raw data, ECHELON sifts through them using DICTIONARY. DICTIONARY is actually a special system of computers which finds pertinent information by searching for key words, addresses, etc. These search programs help pare down the voluminous quantity of transmissions which pass through the ECHELON network every day. These programs also seem to enable users to focus on any specific subject upon which information is desired. (9)

Q – If ECHELON is so powerful, why haven’t I heard about it before?

The United States government has gone to extreme lengths to keep ECHELON a secret. To this day, the U.S. government refuses to admit that ECHELON even exists. We know it exists because both the governments of Australia (through its Defence Signals Directorate) and New Zealand have admitted to this fact. (10) However, even with this revelation, US officials have refused to comment.

This “wall of silence” is beginning to erode. The first report on ECHELON was published in 1988. (11) In addition, besides the revelations from Australia, the Scientific and Technical Options Assessment program office (STOA) of the European Parliament commissioned two reports which describe ECHELON’s activities. These reports unearthed a startling amount of evidence, which suggests that Echelon’s powers may have been underestimated. The first report, entitled “An Appraisal of Technologies of Political Control,” suggested that ECHELON primarily targeted civilians.

This report found that:

The ECHELON system forms part of the UKUSA system but unlike many of the electronic spy systems developed during the cold war, ECHELON is designed for primarily non-military targets: governments, organisations and businesses in virtually every country. The ECHELON system works by indiscriminately intercepting very large quantities of communications and then siphoning out what is valuable using artificial intelligence aids like Memex to find key words. Five nations share the results with the US as the senior partner under the UKUSA agreement of 1947, Britain, Canada, New Zealand and Australia are very much acting as subordinate information servicers.

Each of the five centres supply “dictionaries” to the other four of keywords, phrases, people and places to “tag” and the tagged intercept is forwarded straight to the requesting country. Whilst there is much information gathered about potential terrorists, there is a lot of economic intelligence, notably intensive monitoring of all the countries participating in the GATT negotiations. But Hager found that by far the main priorities of this system continued to be military and political intelligence applicable to their wider interests. Hager quotes from a “highly placed intelligence operatives” who spoke to the Observer in London. “We feel we can no longer remain silent regarding that which we regard to be gross malpractice and negligence within the establishment in which we operate.” They gave as examples. GCHQ interception of three charities, including Amnesty International and Christian Aid. “At any time GCHQ is able to home in on their communications for a routine target request,” the GCHQ source said. In the case of phone taps the procedure is known as Mantis. With telexes its called Mayfly. By keying in a code relating to third world aid, the source was able to demonstrate telex “fixes” on the three organisations. With no system of accountability, it is difficult to discover what criteria determine who is not a target. (12)

A more recent report, known as Interception Capabilities 2000, describes ECHELON capabilities in even more elaborate detail. (13) The release of the report sparked accusations from the French government that the United States was using ECHELON to give American companies an advantage over rival firms. (14) In response, R. James Woolsey, the former head of the US Central Intelligence Agency (CIA), charged that the French government was using bribes to get lucrative deals around the world, and that US surveillance networks were used simply to level the playing field. (15) However, experts have pointed out that Woolsey missed several key points. For example, Woolsey neglected to mention alleged instances of economic espionage (cited in Intelligence Capabilities 2000) that did not involve bribery. Furthermore, many observers expressed alarm with Woolsey’s apparent assertion that isolated incidents of bribery could justify the wholesale interception of the world’s communications. (16)

The European Parliament formed a temporary Committee of Enquiry to investigate ECHELON abuses. (17) In May 2001, members of this committee visited the United States in an attempt to discover more details about ECHELON. However, officials from both the NSA and the US Central Intelligence Agency (CIA) canceled meetings that they had previously scheduled with the European panel. The committee’s chairman, Carlos Coelho, said that his group was “very disappointed” with the apparent rebuffs; in protest, the Parliamentary representatives returned home a day early. (18)

Afterwards, the committee published a report stating that ECHELON does indeed exist and that individuals should strongly consider encrypting their emails and other Internet messages. (19) However, the panel was unable to confirm suspicions that ECHELON is used to conduct industrial espionage, due to a lack of evidence. (20) Ironically, the report also mentioned the idea that European government agents should be allowed greater powers to decrypt electronic communications, which was criticized by some observers (including several members of the committee) as giving further support to Europe’s own ECHELON-type system. (21) The European Parliament approved the report, but despite the apparent need for further investigation, the committee was disbanded. (22) Nevertheless, the European Commission plans to draft a “roadmap” for data protection that will address many of the concerns aired by the EP panel. (23)

Meanwhile, after years of denying the existence of ECHELON, the Dutch government issued a letter that stated: “Although the Dutch government does not have official confirmation of the existence of Echelon by the governments related to this system, it thinks it is plausible this network exists. The government believes not only the governments associated with Echelon are able to intercept communication systems, but that it is an activity of the investigative authorities and intelligence services of many countries with governments of different political signature.” (24)These revelations worried Dutch legislators, who had convened a special hearing on the subject. During the hearing, several experts argued that there must be tougher oversight of government surveillance activities. There was also considerable criticism of Dutch government efforts to protect individual privacy, particularly the fact that no information had been made available relating to Dutch intelligence service’s investigation of possible ECHELON abuses.(25)

In addition, an Italian government official has begun to investigate Echelon’s intelligence-gathering efforts, based on the belief that the organization may be spying on European citizens in violation of Italian or international law. (26)

Events in the United States have also indicated that the “wall of silence” might not last much longer. Exercising their Constitutionally created oversight authority, members of the House Select Committee on Intelligence started asking questions about the legal basis for NSA’s ECHELON activities. In particular, the Committee wanted to know if the communications of Americans were being intercepted and under what authority, since US law severely limits the ability of the intelligence agencies to engage in domestic surveillance. When asked about its legal authority, NSA invoked the attorney-client privilege and refused to disclose the legal standards by which ECHELON might have conducted its activities. (27)

President Clinton then signed into law a funding bill which required the NSA to report on the legal basis for ECHELON and similar activities. (28) However, the subsequent report (entitled Legal Standards for the Intelligence Community in Conducting Electronic Surveillance) gave few details about Echelon’s operations and legality. (29)

However, during these proceedings, Rep. Bob Barr (R-GA), who has taken the lead in Congressional efforts to ferret out the truth about ECHELON, stated that he had arranged for the House Government Reform and Oversight Committee to hold its own oversight hearings.(30)

Finally, the Electronic Privacy Information Center has sued the US Government, hoping to obtain documents which would describe the legal standards by which ECHELON operates.(31)

Q – What is being done with the information that ECHELON collects?

The original purpose of ECHELON was to protect national security. That purpose continues today. For example, we know that ECHELON is gathering information on North Korea. Sources from Australia’s DSD have disclosed this much because Australian officials help operate the facilities there which scan through transmissions, looking for pertinent material. (32) Similarly, the Spanish government has apparently signed a deal with the United States to receive information collected using ECHELON. The consummation of this agreement was confirmed by Spanish Foreign Minister Josep Pique, who tried to justify this arrangement on security grounds. (33)

However, national security is not Echelon’s only concern. Reports have indicated that industrial espionage has become a part of Echelon’s activities. While present information seems to suggest that only high-ranking government officials have direct control over Echelon’s tasks, the information that is gained may be passed along at the discretion of these very same officials. As a result, much of this information has been given to American companies, in apparent attempts to give these companies an edge over their less knowledgeable counterparts. (34)

In addition, there are concerns that Echelon’s actions may be used to stifle political dissent. Many of these concerns were voiced in a report commissioned by the European Parliament. What is more, there are no known safeguards to prevent such abuses of power. (35)

Q – Is there any evidence that ECHELON is doing anything improper or illegal with the spying resources at its disposal?

ECHELON is a highly classified operation, which is conducted with little or no oversight by national parliaments or courts. Most of what is known comes from whistleblowers and classified documents. The simple truth is that there is no way to know precisely what ECHELON is being used for.

But there is evidence, much of which is circumstantial, that ECHELON (along with its British counterpart) has been engaged in significant invasions of privacy. These alleged violations include secret surveillance of political organizations, such as Amnesty International. (36) It has also been reported that ECHELON has engaged in industrial espionage on various private companies such as Airbus Industries and Panavia, then has passed along the information to their American competitors. (37) It is unclear just how far Echelon’s activities have harmed private individuals.

However, the most sensational revelation was that Diana, Princess of Wales may have come under ECHELON surveillance before she died. As reported in the Washington Post, the NSA admitted that they possessed files on the Princess, partly composed of intercepted phone conversations. While one official from the NSA claimed that the Princess was never a direct target, this disclosure seems to indicates the intrusive, yet surreptitious manner by which ECHELON operates. (38)

What is even more disquieting is that, if these allegations are proven to be true, the NSA and its compatriot organizations may have circumvented countless laws in numerous countries. Many nations have laws in place to prevent such invasions of privacy. However, there are suspicions that ECHELON has engaged in subterfuge to avoid these legal restrictions. For example, it is rumored that nations would not use their own agents to spy on their own citizens, but assign the task to agents from other countries. (39) In addition, as mentioned earlier, it is unclear just what legal standards ECHELON follows, if any actually exist. Thus, it is difficult to say what could prevent ECHELON from abusing its remarkable capabilities.

Q – Is everyone else doing what ECHELON does?

Maybe not everyone else, but there are plenty of other countries that engage in the type of intelligence gathering that ECHELON performs. These countries apparently include Russia, France, Israel, India, Pakistan and many others. (40) Indeed, the excesses of these ECHELON-like operations are rumored to be similar in form to their American equivalents, including digging up information for private companies to give them a commercial advantage.

However, it is also known that ECHELON system is the largest of its kind. What is more, its considerable powers are enhanced through the efforts of America’s allies, including the United Kingdom, Canada, Australia, and New Zealand. Other countries don’t have the resources to engage in the massive garnering of information that the United States is carrying out.

Notes

1. Development of Surveillance Technology and Risk of Abuse of Economic Information (An appraisal of technologies for political control), Part 4/4: The state of the art in Communications Intelligence (COMINT) of automated processing for intelligence purposes of intercepted broadband multi-language leased or common carrier systems, and its applicability to COMINT targeting and selection, including speech recognition, Ch. 1, para. 5, PE 168.184 / Part 4/4 (April 1999). See Duncan Campbell, Interception Capabilities 2000 (April 1999) (http://www.iptvreports.mcmail.com/stoa_cover.htm).

2. Kevin Poulsen, Echelon Revealed, ZDTV (June 9, 1999).

3. Greg Lindsay, The Government Is Reading Your E-Mail, TIME DIGITAL DAILY (June 24, 1999).

4. PE 168.184 / Part 4/4, supra note 1, Ch. 2, para. 32-34, 45-46.

5. Id. Ch. 2, para. 42.

6. Id. Ch. 2, para. 60.

7. Id. Ch. 2, para. 50.

8. Id. Ch. 2, para. 62-63.

9. An Appraisal of Technologies for Political Control, at 20, PE 166.499 (January 6, 1998). See Steve Wright, An Appraisal of Technologies for Political Control (January 6, 1998) (http://cryptome.org/stoa-atpc.htm).

10.Letter from Martin Brady, Director, Defence Signals Directorate, to Ross Coulhart, Reporter, Nine Network Australia 2 (Mar. 16, 1999) (on file with the author); see also Calls for inquiry into spy bases, ONE NEWS New Zealand (Dec. 28, 1999).

11. Duncan Campbell, Somebody’s listening, NEW STATESMAN, 12 August 1988, Cover, pages 10-12. See Duncan Campbell, ECHELON: NSA’s Global Electronic Interception, (last visited October 12, 1999) (http://jya.com/echelon-dc.htm).

12. PE 166.499, supra note 9, at 19-20.

13. PE 168.184 / Part 4/4, supra note 1.

14. David Ruppe, Snooping on Friends?, ABCNews.com (US) (Feb. 25, 2000) (http://abcnews.go.com/sections/world/dailynews/echelon000224.html).

15. R. James Woolsey, Why We Spy on Our Allies, WALL ST. J., March 17, 2000. See also CRYPTOME, Ex-CIA Head: Why We Spy on Our Allies (last visited April 11, 2000) (http://cryptome.org/echelon-cia2.htm).

16. Letter from Duncan Campbell to the Wall Street Journal (March 20, 2000) (on file with the author). See also Kevin Poulsen, Echelon Reporter answers Ex-CIA Chief, SecurityFocus.com (March 23, 2000) (http://www.securityfocus.com/news/6).

17. Duncan Campbell, Flaw in Human Rights Uncovered, HEISE TELEPOLIS, April 8, 2000. See also HEISE ONLINE, Flaw in Human Rights Uncovered (April 8, 2000) (http://www.heise.de/tp/english/inhalt/co/6724/1.html).

18.Angus Roxburgh, EU investigators ‘snubbed’ in US, BBC News, May 11, 2001 (http://news.bbc.co.uk/hi/english/world/europe/newsid_1325000/1325186.stm).

19.Report on the existence of a global system for intercepting private and commercial communications (ECHELON interception system), PE 305.391 (July 11, 2001) (available in PDF or Word format at http://www2.europarl.eu.int).

20. Id.; see also E-mail users warned over spy network, BBC News, May 29, 2001 (http://news.bbc.co.uk/hi/english/world/europe/newsid_1357000/1357264.stm).

21. Steve Kettman, Echelon Furor Ends in a Whimper, Wired News, July 3, 2001 (http://www.wired.com/news/print/0,1294,44984,00.html).

22. European Parliament resolution on the existence of a global system for the interception of private and commercial communications (ECHELON interception system) (2001/2098(INI)), A5-0264/2001, PE 305.391/DEF (Sept. 5, 2001) (available at http://www3.europarl.eu.int); Christiane Schulzki-Haddouti, Europa-Parlament verabsciedet Echelon-Bericht, Heise Telepolis, Sept. 5, 2001 (available at http://www.heise.de/tp/); Steve Kettman, Echelon Panel Calls It a Day, Wired News, June 21, 2001 (http://www.wired.com/news/print/0,1294,44721,00.html).

23. European Commission member Erkki Liikanen, Speech regarding European Parliament motion for a resolution on the Echelon interception system (Sept. 5, 2001) (transcript available at http://europa.eu.int).

24. Jelle van Buuren, Dutch Government Says Echelon Exists, Heise Telepolis, Jan. 20, 2001 (available at http://www.heise.de/tp/).

25. Jelle van Buuren, Hearing On Echelon In Dutch Parliament, Heise Telepolis, Jan. 23, 2001 (available at http://www.heise.de/tp/).

26. Nicholas Rufford, Spy Station F83, SUNDAY TIMES (London), May 31, 1998. See Nicholas Rufford, Spy Station F83 (May 31, 1998) (http://www.sunday-times.co.uk/news/pages/sti/98/05/31/stifocnws01003.html?999).

27. H. Rep. No. 106-130 (1999). See Intelligence Authorization Act for Fiscal Year 2000, Additional Views of Chairman Porter J. Goss (http://www.echelonwatch.org/goss.htm).

28. Intelligence Authorization Act for Fiscal Year 2000, Pub. L. 106-120, Section 309, 113 Stat. 1605, 1613 (1999). See H.R. 1555 Intelligence Authorization Act for Fiscal Year 2000 (Enrolled Bill (Sent to President)) http://www.echelonwatch.org/hr1555c.htm).

29. UNITED STATES NATIONAL SECURITY AGENCY, LEGAL STANDARDS FOR THE INTELLIGENCE COMMUNITY IN CONDUCTING ELECTRONIC SURVEILLANCE (2000) (http://www.fas.org/irp/nsa/standards.html).

30. House Committee to Hold Privacy Hearings, (August 16, 1999) (http://www.house.gov/barr/p_081699.html).

31. ELECTRONIC PRIVACY INFORMATION CENTER, PRESS RELEASE: LAWSUIT SEEKS MEMOS ON SURVEILLANCE OF AMERICANS; EPIC LAUNCHES STUDY OF NSA INTERCEPTION ACTIVITIES (1999). See also Electronic Privacy Information Center, EPIC Sues for NSA Surveillance Memos (last visited December 17, 1999) (http://www.epic.org/open_gov/foia/nsa_suit_12_99.html).

32. Ross Coulhart, Echelon System: FAQs and website links, (May 23, 1999).

33. Isambard Wilkinson, US wins Spain’s favour with offer to share spy network material, Sydney Morning Herald, June 18, 2001 (http://www.smh.com.au/news/0106/18/text/world11.html).

34. PE 168.184 / Part 4/4, supra note 1, Ch. 5, para. 101-103.

35. PE 166.499, supra note 9, at 20.

36. Id.

37. PE 168.184 / Part 4/4, supra note 1, Ch. 5, para. 101-102; Brian Dooks, EU vice-president to claim US site spies on European business, YORKSHIRE POST, Jan. 30, 2002 (available at http://yorkshirepost.co.uk).

38. Vernon Loeb, NSA Admits to Spying on Princess Diana, WASHINGTON POST, December 12, 1998, at A13. See Vernon Loeb, NSA Admits to Spying on Princess Diana, WASHINGTON POST, A13 (December 12, 1998) (http://www.washingtonpost.com/wp-srv/national/daily/dec98/diana12.htm).

39. Ross Coulhart, Big Brother is listening, (May 23, 1999).

40. PE 168.184 / Part 4/4, supra note 1, Ch. 1, para. 7.

Find this story at 2000

© ACLU

24 February 2000: Link to Presentation and Analysis Volume 1/5, by Peggy Becker, October 1999. Volume 1 renumbers the reports below.

20 August 1999
Source: Hardcopy of 61 pages. Thanks to Sten Linnarsson.

Find this story at 2000 part 1
Find this story at 2000 part 2
Find this story at 2000 part 3
Find this story at 2000 part 4
Campbell’s report: http://cryptome.org/jya/ic2000.zip (981KB)
http://www.fas.org/irp/program/process/docs/98-14-01-2en.pdf

This is part 1 of 4 of “Development of Surveillance Technology and Risk of Abuse of Economic Information (an appraisal of technologies of political control).”

Part 2: “The legality of the interception of electronic communications: A concise survey of the principal legal issues and instruments under international, European and national law,” by Prof. Chris Elliott: http://cryptome.org/dst-2.htm

Part 3: “Encryption and cryptosystems in electronic surveillance: a survey of the technology assessment issues,” by Dr. Franck Leprévost: http://cryptome.org/dst-3.htm

Part 4: “The state of the art in Communications Intelligence (COMINT) of automated processing for intelligence purposes of intercepted broadband multi-language leased or common carrier systems, and its applicability to COMINT targeting and selection, including speech recognition,” by Duncan Campbell: http://www.iptvreports.mcmail.com/stoa_cover.htm [dead]

Campbell’s report: http://cryptome.org/jya/ic2000.zip (981KB)

EUROPEAN PARLIAMENT

SCIENTIFIC AND TECHNOLOGICAL OPTIONS ASSESSMENT
STOA
DEVELOPMENT OF SURVEILLANCE
TECHNOLOGY AND RISK OF ABUSE
OF ECONOMIC INFORMATION
(An appraisal of technologies of political control)

Part 1/4

The perception of economic risks arising from the potential vulnerability
of electronic commercial media to interception

Survey of opinions of experts
Interim Study

Working document for the STOA Panel

Luxembourg, May 1999 PE 168.184/Int.St./part 1/4
Directorate General for Research

Cataloguing data:

Title:

Part 1/4 of:
DEVELOPMENT OF SURVEILLANCE TECHNOLOGY AND
RISK OF ABUSE OF ECONOMIC INFORMATION
(An appraisal of technologies of political control)

Workplan Ref.: EP/IV/B/STOA/98/1401

Publisher: European Parliament
Directorate General for Research
Directorate A
The STOA Programme

Author: Mr Nikos BOGONIKOLOS – ZEUS E.E.I.G.

Editor: Mr Dick HOLDSWORTH, Head of STOA Unit

Date: May 1999

PE number: PE 168. 184/Int.St./1/4

This document is a working Document for the ‘STOA Panel’. It is not an official publication of STOA.

This document does not necessarily represent the views of the European Parliament.

CONTENTS
PART A: OPTIONS
Introduction
General overview of the outcome of the survey (interim stage)
Views on privacy collected from the survey
General privacy issue
The market for privacy
The role of industry
The need for European legislation

Options for action on surveillance and privacy
PART B: ARGUMENTS AND EVIDENCE
General
Examples of Abuse of Economic Information
PART C: TECHNICAL FILE
1. INTRODUCTION
Surveillance and Privacy
Dataveillance Techniques
Risks Inherent in Data Surveillance
Controls

2. SURVEILLANCE: TOOLS AND TECHNIQUES – Current technologies
1. Visual Surveillance
2. Audio Surveillance
3. Phone Tapping and Encryption
4. Voice and Word Pattern Recognition
5. Proximity Smart Cards
6. Transmitter Location
7. E-mail at Workplace
8. Electronic Databases
9. The Internet

3. THE USE OF SURVEILLANCE TECHNOLOGY SYSTEMS FOR THE TRANSMISSION AND COLLECTION OF ECONOMIC INFORMATION
3.1 CALEA System
3.2 ECHELON Connection
3.3 Inhabitant identification Schemes

4. THE NATURE OF ECONOMIC INFORMATION SELECTED BY SURVEILLANCE TECHNOLOGY SYSTEMS
A. From telecommunication systems
B. From new information technologies (Internet)
C. Some examples of data collection on the Internet

5. PROTECTION FROM ELECTRONIC SURVEILLANCE
A. Encryption (Cryptography)
Private sector initiatives

B. Key – recovery
Encryption and the global information infrastructure
Key-Recovery: Requirements and proposals

6. SURVEILLANCE TECHNOLOGY SYSTEMS IN LEGAL AND REGULATORY CONTEXT
A. Privacy regulation
Multinational data protection measures
Data protection directive in Europe
Privacy regulation in the United States

B. Protection of Privacy in the telecommunications sector

C. Cryptography
Cryptography policy in USA
Cryptography policy guidelines from OECD
E. U. cryptography policy
Other national and international activities related to cryptography policy

D. Key recovery

E. European Initiatives
DLM-FORUM- Electronic Records
Promoting Safe Use of Internet
REFERENCES

PART A: OPTIONS

Introduction

The present study, ‘Development of surveillance technology and risk of abuse of economic information’ presents the interim results from a survey of the opinions of experts, together with additional research and analytical material by the authors. It has been conducted by ZEUS E.E.I.G. as part of a technology assessment project on this theme initiated by STOA in 1998 at the request of the Committee on Civil Liberties and Internal Affairs of the European Parliament. This STOA project is a follow-up to an earlier one entitled: “An appraisal of technologies of political control” conducted for the same Committee. The earlier project resulted in an Interim Study (PE 166.499) written by OMEGA Foundation, Manchester, and published by STOA on January 1998 and later updated (September 1998).

In the earlier study it was reported that within Europe all fax, e-mail and telephone messages are routinely intercepted by means of what is called the ECHELON global surveillance system. The monitoring was said to be “routine and indiscriminate”. The ECHELON system formed part of the UKUSA system, but unlike many of the electronic spy systems developed during the cold war, ECHELON was said to be designed for primarily non-military targets: governments, organisations and businesses in virtually every country.

In the present study the authors were requested to investigate the use of surveillance technology systems, for the collection and possible abuse of sensitive economic information.

The principal method selected was a procedure of data collection and processing based on a modified DELPHI method (to be referred to here as “the survey”). Under this method, a list of potential sources of data was prepared. These were some 49 experts from universities, industrial and commercial undertakings in the informations and telecommunications technology sector, as well as a smaller number of persons in international or governmental organisations. The experts were drawn from 11 Member States of the European Union, plus Cyprus, Norway and Switzerland.

The next step was the collection of the data. This was mostly achieved by direct interviews of the experts, with the use of a questionnaire. The views (data) were processed and a convergence examination performed. The convergence procedure was based on a recursive approach for the exclusion of the non-reliable data. The last step was the drawing of the analytical results.

General overview of the outcome of the survey

The predominant view among the experts was that since nowadays almost all economic information is exchanged through electronic means (telephone, fax, e-mail), and, in addition, all digital telecommunication devices and switches have enhanced wiretapping capabilities, for these reasons they suggested that we must focus on the protection of the data when transmitted (using encryption products), on the use of government-approved encryption products and on the adoption of common standards concerning encryption and key-recovery products. The position could be summed up in the statement that ‘since it is difficult to prove that economic information has been captured by ECHELON system and passed on by the NSA, we have to consider privacy protection in a global international networked society’.

In summary, therefore, we see that two perceptions of this question emerge: (1) a concern about the possible threat to privacy and economic and civil rights potentially posed by global clandestine electronic surveillance systems operated by large and powerful secret government agencies, and (2) anxiety about the problems of commercial and personal privacy which arise now that so much commercial and other communications traffic is conducted over the Internet. Managers of businesses engaged in electronic commerce may perhaps be concerned about global clandestine surveillance systems: what is certain is that they are worried in a more familiar way about threats to commercial security posed by the nature of the new electronic business media and their possible vulnerability to interception by competitors and fraudsters.

Reflecting the feedback from the survey, the present study tends to reflect Perception 2, whereas the earlier one of 1998 tended to reflect Perception 1.

Advances in information and communication technologies have fostered the development of complex national and international networks which enable thousands of geographically dispersed users to distribute, transmit, gather and exchange all kinds of data. Transborder electronic exchanges — private, professional, industrial and commercial — have proliferated on a global scale and are bound to intensify among businesses and between businesses and consumers, as electronic commerce develops.

At the same time developments in digital computing have increased the capacity for accessing, gathering, recording, processing, sorting, comparing and linking alphanumeric, voice and image data. This substantial growth in international networks and the increase in economic data processing have arisen the need at securing privacy protection in transborder data flows.

Today, it is not necessary to define new principles for the protection of data (and privacy) in an expanding global electronic environment. It is necessary to define the appropriate means of putting the established principles into practice, particularly on the information and communication networks.

An active education strategy may be one of the ways to help achieve on-line and privacy protection and to give all actors the opportunities to understand their common interests.

Common technological solutions can assist in implementing privacy and data protection guidelines in global information networks. The general optimism about technological solutions, the pressure to collect economic information and the need for political and social policy decisions to ensure privacy must be considered.

The growth in international networks and the increase in economic data processing have arisen the need at securing privacy protection in transborder data flows and especially the use of contractual solutions. Global E-Commerce has changed the nature of retailing. There were great cultural and legal differences between countries affecting attitudes to the use of sensitive data (economic or personal) and the issue of applicable law in global transaction had tope resolved. Contracts might bridge the gab between those with legislation and the others.

Since Internet symbolised global commerce, faced with a rapid expansion in the numbers of transactions, there is a need to define a stable lasting framework for business. Internet is changing profound the markets and adjusting new contracts. To that reality is a complex problem.

Views on privacy collected from the survey

In this section the experts’ views on the various privacy issues are reported. The information was mostly collected by direct interviews of the experts, based on a predefined questionnaire.

General privacy issues

Privacy can be a contentious subject because it means different things to different people. The definition given is: “Privacy is the claim of individuals, groups, or institutions to determine for themselves how, when and to what extent information about them is communicated to others”
A clear problem expressed is that in an electronic environment, it becomes hard to differentiate between a private and public place and therefore what should be protected and what should not.
It was argued that is unreasonable for the society to subsidise the cost of individuals to maintain their privacy, pointing out that most people will choose utility over security (and consequently privacy)
It was suggested that privacy in many ways sacrifices other goods (time, effort and energy among them) in order to obtain it.
Three basic tools necessary for privacy protection were outlined: notice (to the data supplier), consent (to the consumer), and accountability.
Although accountability may be essential to ensuring privacy, it unfortunately conflicts with the anonymity, privacy implies. For any commerce to take place on the Internet, therefore, some level of anonymity and therefore privacy must be sacrificed. The question to be answered is ” how much and who will decide”.

The market for privacy

When the European Commission adopted the privacy directive (95/46/EC), it stated that privacy protection is a central precondition to consumers’ acceptance of electronic commerce. Accordingly, a critical issue experts argued, was whether there was a “market failure’ in the electronic environment that required some sort of government intervention to ensure data privacy.
Some experts responded that data privacy is not purely a public good, and so at some point someone will have a market incentive to protect it. Some corporations that have tried to market their strong privacy protection have yet to see any results and have concluded that: “privacy doesn’t sell”. Other industries have marketed privacy successfully (such as the cellular telephone industry) which could mean that the public demands for privacy are forthcoming and will eventually be profitable.
They feel that a question to be answered is: Who governs the responsibility of the information collector, or does society have to impose a sense of responsibility?”

The role of industry

Most experts expressed the view that the information industry should be primarily self-regulated: the industry is changing too rapidly for government legislative solutions, and most corporations are not simply looking at National or European but at global markets, which national governments cannot regulate.
Indeed several experts expressed the fear that any European attempt to allow USA to oversee (via global surveillance systems) data would lead to abuses by the government or other competitive companies.
They noted that many companies (such as Citibank) already inform consumers and clients that, unless told otherwise, they will disclose information to their affiliates. They suggested that a simple seal on the home page of a Web site, declaring that a company adheres to certain industry privacy standards might cease the fears of the public and offer some level of accountability.
Alternatively, they suggested that the media could act as an effective watchdog, informing consumers and companies of what information is being collected about them and how that information is being used.
They also noted that multinational companies could better negotiate for themselves across national boundaries than governments can. Electronic commerce is unlikely to gain popularity until the issues of notice, consent and recourse have been resolved. The market will force companies wishing to participate in this medium to address and solve these concerns.

The need for European legislation

Experts took the view that the European Parliament must now ask how, in a world of the Internet, one reconciles the objectives of protecting both: privacy and free flow of information.
In recent years there have been disclosures that unauthorised individuals have examined financial information from the Internal Revenue Service in USA. Several experts pointed to the flap over the decision by the Social Security Administration in USA to provide companies account information on-line. Each of these examples suggests that protecting data privacy may be a great challenge for the European Parliament.
Experts agreed that the European Parliament should play a role in creating a standard for disclosure. Several experts went further and argued the need of a privacy agency within the European Union to act as an ombudsman and to represent privacy interests, so that in debates between European Union and USA there is someone whose responsibility would be to protect privacy.
Whatever several experts believe the appropriate role for national governments to be in ensuring privacy in an electronic environment, some “private regulation” is already occurring on the Internet by the computer engines, who write code and decide computer standards. In fact experts suggested that when encryption software becomes ubiquitous it will push Internet commerce because it allows for potentially anonymous transactions, which will solve privacy issues by default.
It was pointed out that a group of high-tech companies in co-operation with standardisation organisations should agree on a web-based standard that would allow companies and consumers to interact with data collectors and inform them of what information they would be comfortable having disclosed to other parties.

Options for action on surveillance and privacy

The policy options for consideration by the committee on Civil Liberties and Internal Affairs of the European Parliament which emerged from the survey are:

Authorities in the EU and Member States should:

engage in a dialogue involving the private sector and individual users of networks in order to learn about their needs for implementing the privacy guidelines in the global network;

undertake an examination of private sector technical initiatives;

encourage the development of applications within global networks, of technological solutions that implement the privacy principles and uphold the right of users, businesses and consumers for protection of their privacy in the electronic environment.
Drafting methods for enforcing codes of conduct and privacy statements ranging from standardisation, labelling and certification in the global environment through third-party audit to formal enforcement by a regulatory body.
Definitions of the transactions which must remain anonymous, and technical capabilities for providing anonymity need to be specified.
Enforcement for the adoption of adequate standards (cryptography and key encryption) from all E.U. member states. Multilateral agreements with other countries could then be negotiated.
Drafting of common guidelines of credit information use (in each member state of the E.U. different restriction policies exist). It must be dear how those restrictions could apply to a globally operating credit reference agency.
Drafting of common specifications for cryptography systems and government access key recovery systems, which must be compatible with large scale, economical, secure cryptographic systems.
Enforcement for the adoption of special authorisation schemes for Information Society Services and supervision of their activities by National Authorisation Bodies.
Drafting of a common responsibilities framework for on-line service providers, who transmit and store third party information. This could be drafted and supervised by National PTTs.
The European Parliament should examine critically proposals from the US for the elimination of cryptography and the adoption of encryption controls supervised by US Agencies.
Annual statistics and reporting on abuse of economic information by any means must be reported to the Parliament of each member state of the E.U.
Measures for encouraging the formal education systems of each member state of the E.U. or the appropriate European Training Institute/Organisation to take up the general task of educating users in the technology and their rights.

PART B: ARGUMENTS AND EVIDENCE

General

Nowadays almost all economic information is exchanged through electronic means (telephone, fax, e-mail). In addition, all digital telecommunication devices and switches have enhanced wiretapping capabilities. As a conclusion we have to consider privacy protection in a global international networked society. And when we speak about electronic protection and privacy in the exchange of economic information, we actually speak for electronic commerce over the Internet.

The information society promises economic and social benefits for all: citizens, companies and governments. Advances in information and communication technologies have fostered the proliferation of private, professional, industrial and commercial transborder electronic exchanges on a global scale which are bound to intensify among businesses and between businesses and consumers as electronic commerce develops. New methods for processing the vast accumulation of data -such as data mining techniques- make it possible, on the basis of demographic data, credit information, details of on-line transactions etc, to identify new kinds of purchasing patterns or unusual relationships.

Indeed, compliance with rules governing the protection of privacy and personal data is crucial to establishing confidence in electronic transactions, and particularly in Europe, which has traditionally been heavily regulated in this area. The development of the global information society makes the convergence of government policies, the transparency of rules and regulations and their effective implementation on economic and social life. In particular, in the context of electronic commerce, the development of on-line commercial activities hinges to a large extent, not only on the faith consumers have in business in terms of guaranteed product delivery or security payment systems, but also on the confidence that users and consumers will have in the ways that businesses handle their personal data.

To operate with confidence on the global networks, most consumers need assurance that their on-line activities and electronic transactions will not be collected or used without their knowledge or made available to parties other than their initial correspondents. Neither linked to other data about them in order to compile behavioural profiles without their consent.

The importance of information and communication systems for society and the global economy is intensifying with the increasing value and quantity of data that is transmitted and stored on those systems. At the same time those systems and data are also increasingly vulnerable to a variety of threats such as unauthorised access and use, misappropriation, alteration and destruction. Proliferation of computers, increased computing power, interconnectivity, decentralisation, growth of networks and the number of users, as well as the convergence of information and communication technologies, while enhancing the utility of these systems, also increase system invulnerability.

Cryptography is an important component of secure information and communication systems and a variety of application have been developed that incorporate cryptographic methods to provide data security.

Although there are legitimate governmental, commercial and individual needs and uses for cryptography, it may also be used by individuals or entities for illegal activities, which can affect public safety, national security, the enforcement of laws, business interests, consumers interests or privacy. Governments together with industry and the general public, are challenged to develop balanced policies to address these issues.

Cryptography uses an algorithm to transform data in order to render it unintelligible to anyone who does not possess certain secret information (the cryptographic “key”), necessary for decryption of the data. Within the new concept of cryptography, rather than sharing one secret key, the new design uses two mathematically related keys for each communication party: a “public key” that is disclosed to the public and a corresponding “private key”, that is kept secret. A message that is encrypted with a public key can only be decrypted by the corresponding private key.

An important application for public key cryptography is “digital signature”, which can be used to verify the integrity of data or the authenticity of the sender of data. In this case, the private key is used to “sign” a message, while the corresponding public key is used to verify a “signed” message.

Public key cryptography plays an important role in developing information infrastructure. Much of the interest in information and communication networks and technologies centres on their potential to accommodate electronic commerce; however open networks such as the Internet present significant challenges for making enforceable electronic contracts and secure payments.

Since Electronic Commerce on one hand is one of the key strategies of the European Union and the privacy protection on the other hand, one of its main principles, E.U. in 1998 released three “key” working documents:

Proposal for a European Parliament and Council Directive on certain legal aspects of Electronic Commerce in the internal market [ COM(1998) 586 final].
Proposal for a European Parliament and Council directive on a common framework for electronic signatures [COM (1998)297 final].
Ensuring security and trust in electronic communication: “Towards a European framework for digital signatures and Encryption” [COM(1997) 503 final].

Increasing the number of people with authorised access to the critical infrastructure and to business data, will increase the likelihood of attack, whether through technical means, by exploitation of mistakes or through corruption. Further “key-recovery” requirements to the extent that they made encryption can have the effect of discouraging or delaying the deployment of cryptography in increasingly vulnerable computing and communication networks.

As the Internet and other communications systems reach further into everyday lives, national security, law enforcement and individual privacy have become perilously intertwined. Governments want to restrict the free flow of information; software producers are seeking ways to ensure consumers are not bugged from the very moment of purchase. The US is behind a world-wide effort to limit individual privacy and enhance the capability of its intelligence services to eavesdrop on personal conversations. The campaign has had two legal strategies: the first made it mandatory for all digital telephone switches, cellular and satellite phones and all developing communication technologies to build in surveillance capabilities; the second sought to limit the dissemination of software that contains encryption, a technique which allows people to scramble their communications and files to prevent others from reading them. The first effort to heighten surveillance opportunities was to force telecommunications companies to use equipment designed to include enhanced wiretapping capabilities. The end goal was to ensure that the US and its allied intelligence services could easily eavesdrop on telephone networks anywhere in the world. In the late 1980s, in a programme known internally as ‘Operation Root Canal’, US law enforcement officials demanded that telephone companies alta their equipment to facilitate the interception of messages. The companies refused but, after several years of lobbying, Congress enacted the Communications Assistance for Law Enforcement Act (CALEA) in 1994.

CALEA requires that terrestrial carriers, cellular phone services and other entities ensure that all their ‘ equipment, facilities or services’ are capable of expeditiously. . . enabling the government…to intercept… all wire and oral communications carried by the carrier…concurrently with their transmission.’ Communications must be interceptable in such a form that they could be transmitted to a remote government facility.

Manufacturers must work with industry and law enforcement officials to ensure that their equipment meets federal standards. A court can fine a company US$10,000 per day for each product that does not comply.

The passage of CALEA has been controversial but its provisions have yet to be enforced due to FBI efforts to include even more rigorous regulations under the law. These include the requirement that cellular phones allow for location-tracking on demand and that telephone companies provide capacity for up to 50,000 simultaneous wiretaps.

While the FBI lobbied Congress and pressured US companies into accepting a tougher CALEA, it also leaned on US allies to adopt it as an international standard. In 1991, the FBI held a series of secret meetings with EU member states to persuade them to incorporate CALEA into European law. The plan, according to an EU report, was to ‘call for the Western World (EU, US and allies) to agree to norms and procedures and then sell their products to Third World countries. Even if they do not agree to interception orders, they will find their telecommunications monitored by the UK-USA signals intelligence network the minute they use the equipment.’ The FBI’s efforts resulted in an EU Council of Ministers resolution that was quietly adopted in January 1995, but not publicly released until 20 months later. The resolution’s text is almost word for word identical to the FBI’s demands at home. The US government is now pressuring the International Telecommunications Union (ITU) to adopt the standards globally.

The second part of the strategy was to ensure that intelligence and police agencies could understand every communication they intercepted. They attempted to impede the development of cryptography and other security measures, fearing that these technologies would reduce their ability to monitor the emissions of foreign governments and to investigate crime.

These latter efforts have not been successful. A survey by the Global Internet Liberty Campaign (GILC) found that most countries have either rejected domestic controls or not addressed the issue at all. The GILC found that ‘many countries, large and small, industrialised and developing, seem to be ambivalent about the need to control encryption technologies’.

The FBI and the National Security Agency (NSA) have instigated efforts to restrict the availability of encryption world-wide. In the early 1970s, the NSA’s pretext was that encryption technology was ‘born classified’ and, therefore, its dissemination fell into the same category as the diffusion of A-bomb materials. The debate went underground until 1993 when the US launched the Clipper Chip, an encryption device designed for inclusion in consumer products. The Clipper Chip offered the required privacy, but the government would retain a ‘pass-key’ – anything encrypted with the chip could be read by government agencies.

Behind the scenes, law enforcement and intelligence agencies were pushing hard for a ban on other forms of encryption. In a February 1993 document, obtained by the Electronic Privacy Information Center (EPIC), they recommended ‘Technical solutions, such as they are, will only work if they are incorporated into all encryption products’.

To ensure that this occurs, legislation mandating the use of government-approved encryption products, or adherence to government encryption criteria, is required.’ The Clipper Chip was widely criticised by industry, public interest groups, scientific societies and the public and, though it was officially adopted, only a few were ever sold or used.

From 1994 onwards, Washington began to woo private companies to develop an encryption system that would provide access to keys by government agencies. Under the proposals – variously known as ‘key escrow’, ‘key recovery’ or ’trusted third parties’ – the keys would be held by a corporation, not a government agency, and would be designed by the private sector, not the NSA. The systems, however, still entailed the assumption of guaranteed access to the intelligence community and so proved as controversial as the Clipper Chip. The government used export incentives to encourage companies to adopt key escrow products: they could export stronger encryption, but only if they ensured that intelligence agencies had access to the keys.

Under US law, computer software and hardware cannot be exported if it contains encryption that the NSA cannot break. The regulations stymie the availability of encryption in the USA because companies are reluctant to develop two separate product lines — one, with strong encryption, for domestic use and another, with weak encryption, for the international market. Several cases are pending in the US courts on the constitutionality of export controls; a federal court recently ruled that they violate free speech rights under the First Amendment.
(… The NSA is one of the shadowiest of the US intelligence agencies. Until a few years ago, it existence was a secret and its charter and any mention of its duties are still classified. However, it does have a Web site (www.nsa.gov:8080) in which it describes itself as being responsible for the signals intelligence and communications security activities of the US government. One of its bases, Menwith Hill, was to become the biggest spy station in the world. Its ears — known as radomes — are capable of listening in to vast chunks of the communications spectrum throughout Europe and the old Soviet Union

In its first decade the base sucked data from cables and microwave links running through a nearby Post Office tower, but the communications revolutions of the Seventies and Eighties gave the base a capability that even its architects could scarcely have been able to imagine. With the creation of Intelsat and digital telecommunications, Menwith and other stations developed the capability to eavesdrop on an extensive scale on fax, telex and voice messages. Then, with the development of the Internet, electronic mail and electronic commerce, the listening posts were able to increase their monitoring capability to eavesdrop on an unprecedented spectrum of personal and business communications.

This activity has been all but ignored by the UK Parliament. When Labour MPs raised questions about the activities of the NSA, the Government invoked secrecy rules. It has been the same for 40years…. )

(Simon Davis report: http://www.telegraph.co.uk)

The FBI has not let up on efforts to ban products on which it cannot eavesdrop. In mid-1997, it introduced legislation to mandate that key-recovery systems be built into all computer systems. The amendment was adopted by several congressional Committees but the Senate preferred a weaker variant. A concerted campaign by computer, telephone and privacy groups finally stopped the proposal; it now appears that no legislation will be enacted in the current Congress.

While the key escrow approach was being pushed in the USA, Washington had approached foreign organisations and states. The linchpin for the campaign was David Aaron, US ambassador to the Organisation for Economic Co-operation and Development (OECD), who visited dozens of countries in what one analyst derided as a programme of ‘laundering failed US policy through international bodies to give it greater acceptance’.

Led by Germany and the Scandinavians, the EU has been generally distrustful of key escrow technology. In October 1997, the European Commission released a report which advised: ‘Restricting the use of encryption could well prevent law-abiding companies and citizens from protecting themselves against criminal attacks. It would not, however, totally prevent criminals from using these technologies.’ The report noted that ‘privacy considerations suggest limit the use of cryptography as a means to ensure data security and confidentiality’.

Some European countries have or are contemplating independent restrictions. France had a longstanding ban on the use of any cryptography to which the government does not have access. However, a 1996 law, modified the existing system, allowing a system of “tiers du confidence”, although it has not been implemented, because of EU opposition. In 1997, the Conservative government in the UK introduced a proposal creating a system of trusted third parties.

It was severely criticised at the time and by the new Labour government, which has not yet acted upon its predecessor’s recommendations. The debate over encryption and the conflicting demands of security and privacy are bound to continue. The commercial future of the Internet depends on a universally-accepted and foolproof method of on-line identification; as of now, the only means of providing it is through strong encryption. That put the US government and some of the world’s largest corporations, notably Microsoft, on a collision course. (Report of David Banisar, Deputy director of Privacy International and Simon Davies, Director General of Privacy International).

The issue of encryption divides the member states of the European Union. Last October the European Commission published a report entitled: “Ensuring security and Trust in Electronic Commerce”, which argued that the advantages of allowing law enforcement agencies access to encrypted messages are not clear and could cause considerable damage to the emerging electronic industry. It says that if citizens and companies “fear that their communications and transactions are being monitored with the help of key access or similar schemes unduly enlarging the general surveillance possibility of government agencies, they may prefer to remaining in the anonymous off-line world and electronic commerce will just not happen”.

However, Mr Straw said in Birmingham (JHA Informal JHA Ministers) that: “It would not be in the public interest to allow the improper use of encryption by criminals to be totally immune from the attention of law enforcement agencies”. The UK, along with France (which already has a law obliging individuals to use “crackable” software) and the USA, is out on a limb in the EU. “The UK presidency has a particular view and they are one of the access hard-liners. They want access: “them and the French”, commented an encryption expert. They are particularly about “confidential services” which ensure that a message can only be read by the person for whom it is intended who has a “key” to access it. The Commission’s report proposes “monitoring” Member States laws’ on “confidential services” to ensure they do not contravene the rules of the single market.

Examples of Abuse of Economic Information

In the course of collecting the data for and preparing this Interim Study various examples were cited of abuse of privacy via global surveillance telecommunication systems. A number of them is given in [54]. For the final version of the study, we shall see whether the experts have further comments to make on these examples, or whether they have new examples to suggest.

The consultation of experts in our survey so far yielded the following comments:

Since Internet has come to play a significant role in global commerce, then (as in Examples 1, 2, 3 and 4 cited below) Internet also became a tool of misleading information and a platform for deceitful advertisement.
On the positive side, Internet is a “golden highway” for those interested in the process of information.
However, apart from global surveillance technology systems, additional tools have been developed for surveillance. The additional tool used for information transferred via Internet or via Digital Global telecommunication systems is the capture of data with Taiga software. Taiga software has the possibility to capture, process and analyse multilingual information in a very short period of time (I billion characters per second), using key-words.

The examples given below are taken from the sources named:

Example 1

On January 15, 1990, the telephone network of AT&T company, in all the North-east part of USA faced serious difficulties. The network NuPrometheus had illegally owned and distributed the key-code of the operational system of AT&T Macintosh computer (Apple company).
J.P. Barlow: “A not terribly brief history of the Electronic Frontier Foundation,” 8 November 1990

Example 2

On January 24, 1990, the Electronic Frontier Foundation (EFF) in USA, accused a huge police operation under the encoded name “Sun Devil”, in which 40 computers and 23,000 diskettes were seized from teenagers, in 15 towns within USA. Teenager Craig Neidorf supported by EFF, not to be punished in 60 years prison and 120,000 USD penalty. Craig Neidorf had published in Phrack (a hackers magazine) part of the internal files of a telephone company.
M. Godwin: “The EFF and virtual communities,” 1991

Example 3

On June 25, 1998, in Absheim, an aircraft A-320 of the European Company “Airbus Industries” crashed during a demonstration flight. The accident was reportedly caused by dangerous manoeuvres. One person died and 20 were injured.

Very soon afterwards, and before the announcement of the official report, in the aerospace and transport Internet newsgroups there appeared many hostile messages against the Airbus undertaking and against the French company Aerospatiale as well, with which Airbus had close cooperation. Messages declared that the accident was to be expected because European engineers are not so highly qualified as American engineers. It was also clearly stated, that in the future similar accidents were to be expected.

Aerospatiale’s representatives took these hostile messages very seriously. They tried to discover the sources of messages and they finally realised that senders’ identification data, addresses and nodes were false. The source messages came from USA, from computers with misleading identification data and transferred from anonymous servers in Finland.
B. Martnet and Y.M. Marti: “L’intelligence econimique. Les yeux et les oreilles de 1′ enterprise, Editions d’organisation”. Paris 1995

Example 4

In October 31, 1994, in USA, an accident occurred to an ATR aircraft (of the European Consortium Aeritalia and Aerospatiale). Owing to this accident, a ban on ATR flights for two months was imposed. This decision became catastrophic on a commercial level for the company, because ATR was obliged to carry out test flights in fog conditions.

During this period, in Internet newsgroups (and especially in the AVSIG forum, supported by Compuserve), the exchange of messages was of vital significance. The messages supporting the European company were few, while the messages against ATR were many.

At the beginning of January 1995, there appeared a message from a journalist in this forum asking the following: “I have heard that ATR flights will begin soon. Can anybody confirm this information?” The answer came very soon. Three days after, unexpectedly, permission to continue ATR flights was given. The company learned this, as soon as the permission announced. But if they had actively participated in the newsgroups, they would have gained some days to inform their offices and their clients.
“Des langages pour analyser la poussiere d’ info”, Liberation, 9 June 1995

Example 5

The government of Brasil in 1994, announced its intention to assign an international contract (Amazonios). This procurement was of great interest since the total amount available for the contract was 1,4 billion USD. From Europe, the French companies Thomson and Alcatel expressed their interest and from USA, the huge weapon industry Raytheon. Although the offer of the French companies was technically excellent and allegedly better documented, the contract was eventually assigned to the USA company. It was reported in the press that this was achieved with a new offensive strategy used by USA. When the government of Brazil was about to assign the contract to the French companies, American Officials (allegedly with the personal involvement of President Bill Clinton) readjusted their offer, according to the offer of the European companies, and asserted that French companies influenced the committee, an accusation which was never proved. On the other hand, the European companies were reported to have indications that the intention of the government of Brazil to assign the contract to the European companies became known to Americans with the use of FBI’s surveillance technologies.
“La nouvelle machine de querre americaine”, LeMonde du reseingnement no 158, 16 February 1995

Example 6

In January 1994 Edouard Balladur, French Prime Minister, went to Ryadh (Saudi Arabia), feeling certain to bring back a historic contract for more than 30 million francs in sale of weapons and, especially, Airbus. He returned disappointed. The contract went to the McDonnell-Douglas American company, rival of Airbus. The French were report to believe that this was at least in part due to electronic surveillance by the ECHELON system, which had given to the Americans the financial conditions and incentives authorised by Airbus.

French press reports said the National Security Agency is the most secret and most significant of the thirteen secret agencies of the United States. It receives about a third of the appropriations allocated with clandestine intelligence: 8 of the 26,6 billion dollars (160 18 billion francs) registered appropriations in the 1997 budget. With its 20.000 employees in United States and some thousands of agents throughout the world, the NSA (which forms part of ministry for Defence since its creation in 1956) is more important than the CIA, even if the latter is better known to the public. Its site at Fort Meade contains, according to sources familiar with the place, the greatest concentration of data processing power and mathematicians in the world. They are employed to sort and analyse the flood of data acquired by ECHELON on the networks of international telecommunications.
“Echelon est au service des interets americains”, Liberation, 21 April 1998

PART C: TECHNICAL FILE
1. INTRODUCTION

Surveillance and Privacy

Surveillance is the systematic investigation or monitoring of the actions or communications of one or more persons. It has traditionally been undertaken by physical means (e.g. prison guards on towers). In recent decades it has been enhanced through image amplification devices such as binoculars and high-resolution satellite cameras.

The basic born [sic] physical surveillance comprises watching (visual surveillance) and listening (aural surveillance). Monitoring may be undertaken remotely in space, with the aid of image amplification devices like field glasses, infrared binoculars, light amplifiers and satellite cameras and sound amplification devices like directional microphones; and remotely in time with the aid of image and sound recording devices.

Electronic devices have been developed to augment physical surveillance and offer new possibilities such as closed-circuit TV (CCTV), VCR, telephone bugging, Proximity cards, Electronic Database, etc.

In addition to physical surveillance, several kinds of communications surveillance are practiced, including mail covers and telephone interception.

The popular term electronic surveillance refers to both augmentations to physical surveillance (such as directional microphones and audio bugs) and to communication surveillance, particularly telephone taps.

The recent years have seen the emergence and refinement of a new form of surveillance no longer of the real person, but of the person’s data shadow or digital persona. Data surveillance or Dataveillance is the systematic use of personal data systems in the investigation or monitoring of the actions or communications of one or more persons. Dataveillance is significantly lees expensive than physical and electronic surveillance, because it can be automated. As a result, the economic constraints on surveillance are diminished and more individuals and larger populations are capable of being monitored. Like surveillance, more generally, Dataveillance is of two kinds: “personal Dataveillance”, where a particular person has been previously identified as being of interest, “mass Dataveillance”, where a group or large population is monitored, in order to detect individuals of interest, and / or to deter people from stepping out of line.

Surveillance technology systems are mechanisms, which can identify, monitor and track movements and data. During the last few decades since information technology has become immensely sophisticated real benefits have been achieved in the development of surveillance technology systems.

On the other hand, negative impacts have been considerable:
The application of IT to the surveillance of people through their data.

IT technology may have substantial implications in privacy.

People often think of privacy as some kind of right. Unfortunately, the concept of a “right” is a problematic way to start, became a right seems to be some kind of absolute standard. What’s worse, is very easy to get confused between legal rights on one hand and natural or moral rights on the other. It turns out to be much more useful to think about privacy as one kind of thing (among many kinds of things) that people like to have lots of.

Privacy the interest that individuals have in sustaining a “personal space” free from interference by other people and organizations.

To a deeper level privacy turns out not to be a single interest but rather has several dimensions:

privacy of the person
privacy of personal behavior
privacy of personal communications
privacy of personal data

With the close coupling that has occurred between computing and communications, particularly since the 1980’s the last two aspects have become closely linked, and are commonly referred as information privacy.

Information privacy is the interest an individual has in controlling, or at least significantly influencing the handling of data about themselves.

The term ‘data privacy’ is sometimes used in the same way. ‘Data’ refers to inert numbers, where information implies the use of data by humans to extract meaning; hence ‘information privacy’ is arguably the more descriptive way of the two alternatives.

‘Confidentiality’ is an incidental and wholly inadequate substitute for proper information privacy, protection, where:
‘Confidentiality is the legal duty of individuals who come into the procession of information about others, especially in the course of particular kinds of relationships with them’.

Dataveillance Techniques

A variety of Dataveillnce techniques exists. Front-end verification (FEV), for example, comprises the checking of data supplied by an applicant (e.g. for a loan or government benefit) against data from a variety of additional sources, in order to identify discrepancies.

FEV may be applied as a person dataveillance tool where responsible grounds exist for suspecting that the information the person has provided may be unreliable; where, on the other hand, it is applied to every applicant, mass dataveillance is being undertaken. Data matching is a facilitative mechanism of particular value in mass dataveillance. It involves trawling through large volumes of data collected for different purposes, searching for discrepancies and drawing influences from them.
Personal dataveillance of previously identified individuals

integration of data hitherto stored in various locations within a single organization
screening or authentication of transactions against internal norms
front-end verification of transactions that appear to be exceptional, against data relevant to the matter at hand. and sought from other databases or from third parties.
front-end audit of individuals who appear to be exceptional against data related to other databases or from third parties.
cross-system enforcement against individuals, where a third party reports that the individual has committed a transgression in his or her relationship with the third party.

Mass dataveillance of groups of people.

screening or authentication of all transactions, where or not they appear to be exceptional, against internal norms
front-end verification of all transactions, whether or not they appear to be exceptional against data relevant to the matter at hand, as sought from other internal databases or from third parties.
front-end audit of individuals, whether or not they appear to be exceptional against data relevant to the matter at hand, as sought from other internal databases or from third parties.
single-factor file analysis of all data held or able to be acquired, whether or not they appear to be exceptional, variously involving transaction data compared against a norm, permanent data or other transaction data.
profiling or multi-factor file analysis of all data held or able to acquire, whether or not they appear to be exceptional, variously involving singular profiling of data held at a point in time, or aggregative profiling of transaction trails over time.

Facilitative mechanisms could be:

computer data matching, in which personal data records relating to many people are compared in order to identify cases of interest
data concentration, homely the combination of personal data interchange networks and hub systems.

Risks inherent in Data Surveillance

Data surveillance’s broader social impacts can be grouped as follows:
In personal dataveillance

low data quickly decisions [sic]
lack of subject knowledge of, and consent to, data flows
blacklisting
denial of redemsion [sic]

In mass surveillance
a. Risks to the individuals:

arbitrariness
a contextual data merger
complexity and incomprehensibility of data
witch hunts
ex-ante discrimination and guilt prediction
selective advertising
inversion of the onus of proof
covert operations
unknown accusations and accusers
denial of due process

b. Risks to society:

prevailing climate of suspicion
adversarial relationships
focus of law enforcement on easily detectable and provable offences
inequitable application of the law
decreased respect for the law and low enforcers
reduction in the meaningfulness of individual actions
reduction in self-reliance and self-determination
stultification of originality
increased tendency to opt out of the official level of society
weakening of society’s moral fibre and cohesion
destabilization of the strategic balance of
power repressive potential for the totalitarian government.

By way of example, individuals can suffer as a result of misunderstandings about the meaning of data on the file, or because the file contains erroneous data, which the individual does not understand and against which he / she has little or not chance of arguing without the help of a specialized lawyer.

Such seemingly small, but potentially very frustrating and infuriating personal problems can escalate into widespread distrust by people of government agencies and the legal system as a whole

Of course, many of the risks referred are diffuse. On the other hand, there is a critical economic difference between conventional forms of surveillance and Dataveillance.

Physical surveillance is expensive because it requires the application of considerable resources. Although (with few exceptions), this expense has been sufficient to restrict the use of surveillance. Admittedly the selection criteria used by the surveillance agencies have not always accorded with what the citizenry might have preferred, but at least its extent was limited. The effect was that in most countries the abuses affected particular individuals who had attracted the attention of the state, but were not so pervasive that artistic and potential freedoms were widely constrained.

Dataveillance changes all that. Dataveillance is relatively very cheap and getting cheaper all the time, thanks to progress in information technology. The economic limitations are overcome and the digital persona can be monitored with thoroughness and frequency and surveillance extended to whole populations. Nowadays, a number of particular populations have attracted the bulk of the attention, because the state already processed substantial data – holdings about them. There are social welfare recipients and employers of the state. Now that techniques have been refined, they are being pressed into more general usage, in the private as well in the public sector.

Controls

If dataveillance is burgeoning, controls are needed to ensure that its use is not excessive or unfair. There is a variety of natural or intrinsic controls, such as self-restraint and morality. Unfortunately morality has been shown many times to be an entirely inadequate influence over people’s behaviour. There is also the economic constraint, whereby work that isn’t worth doing tends not to get done, because people perceive better things to do with the same scarce resources. Regrettably this too is largely ineffective. Cost/benefit analysis of dataveillance measures is seldom performed, and when it has been the quality has generally been appalling. This reflects the dominance of political over economic considerations — both politicians and public servants want action to be seen to be being taken, and are less concerned about its effectiveness than its visibility.

If intrinsic controls are inadequate, extrinsic measures are vital. For example, the codes of ethics of professional bodies and industry associations could be of assistance. Regrettably, these are generally years behind the problems, and largely statements of aspiration rather than operational guidelines and actionable statements of what is and is not acceptable behaviour. Over twenty years after the information privacy movement gathered steam, there are few and very limited laws which make dataveillance activities illegal, or which enable regulatory agencies or the public to sue transgressing organisations. A (limited) statute exists at national level, but none at all at the level of State Governments. In any case, statutory regimes are often weak due to the power of data-using lobbies, the lack of organisation of the public, and the lack of comprehension and interest by politicians. The public has demonstrated itself as being unable to focus on complex issues; public apathy is only overcome when a proposal is presented simply and starkly, such as ’the State is proposing to issue you with a plastic card. You will need to produce it whenever anyone asks you to demonstrate that you have Permission to breathe’.

There is a tendency for dataveillance tools to be developed in advanced nations, which have democratic traditions and processes (however imperfect). There is a further tendency for the technology to be exported to less developed countries.

Many of these have less well-developed democratic traditions, more authoritarian and even repressive regimes. The control mechanisms in advanced western democracies are inadequate to cope with sophisticated dataveillance technologies; in third world countries there is very little chance indeed of new extrinsic controls being established to ensure balance in their application. It appears that some third-world countries may be being used as test-beds for new dataveillance technologies.

2. SURVEILLANCE: TOOLS AND TECHNIQUES – Current technologies

Surveillance is using some of the most advanced and sophisticated technology to keep track of individuals; where they go, what they do and even what they say.

Visual and audio surveillance are almost everywhere, and, modern electronic technology gives the possibility of keeping track of individual’s moments without cameras or microphones, just with surveillance of their data (Dataveillance )

1. Visual Surveillance

Closed-circuit TV (CCTV) is the most common electronic visual surveillance technique.

Recording can be in two modes: real-time or time-lapse. Real-time is regular TV (at 30 frames (second) showing full motion). Time-lapse selects only a few frames per time period, perhaps one or two per second, to record. The advantage of time-lapse is that it allows one tape to record for a much longer time than real time recording

Video electronics can be very sophisticated indeed and the recent trend is digital video. This allows using the QUAD recording system, a method of compressing four separate camera images into a single frame, so that the guard could see all four views on the monitor screen and record them on a VCR (Video Cassette Recorder) at the same time. These systems allow detailed surveillance and plant monitoring, so that responsibles can observe everything happening within the facility.

In the previous years may be, only the entrance (or specific spaces) would be under video surveillance. Now it is possible to have surveillance everywhere. Using hard disks instead of videotape allows keeping a record of several month’s worth of time-lapse video.

Cameras also are much more sophisticated today than years ago. New circuits allow the camera to ignore bright, light-emitting objects within their fields of view. Miniaturization allows easier concealment, infra-red cameras allow surveillance in darkness. Video surveillance is portable as well. The old days of concealing a camcorder in a briefcase or duffel bag have given way to subminiature cameras concealed in neckties and other items. Decoy items (items containing the surveillance equipment) include baseball caps, belt buckles, briefcases, eyeglasses and wristwatches.

CCTV is very quickly becoming an internal part of crime control policy, social control theory and Community consciousness. It is promoted by police and politicians as primary solution for urban dysfunction.

They are now used in many areas, including roads, trains, railway platforms, car parks, loading docks, shopping centers, individual retail stores, banks, automatic teller machines, petrol stations, lifts, lobby areas, cash handling and storage areas and employee recreation rooms.

Within the aims of the contract, this study looks at its usage in five main industrial contexts: retail stores, financial services, manufacturing, warehousing and distribution, larger office buildings and leisure and entertainment complexes.

Video surveillance is used in these industries for several reasons:

to minimize the risk of theft, especially in the retail industry for purposes of deterring and detecting crime
protect premises from threats to property such as sabotage, arson and vandalism
to monitor individual employee work performance
to improve customer service by observing peak periods and planning the allocation of staff throughout the day
to assist in staff training
to enhance health and safety standards
to ensure that employees comply with legal obligations
to protect employers from liability claims
to monitor production processes.

Most surveillance systems are being installed to prevent theft, either by outsiders or employees, but, video surveillance systems often are used for a range of purposes beyond what was originally intended. Surveillance systems which are initially installed for the purpose of protecting property against an external security threat can be used for other purposes, such as to monitor employees’ productivity and work behavior.

The routine use of video surveillance has the potential to undermine employees’ sense of privacy and dignity in the workplace. Surveillance is associated with increased levels of stress, undermining morale and creating distrust and suspicion between employees and management. While it may be an effective instrument to protect an employer from external security threats, it is not appropriate as a means of monitoring individual employee performance.

Covert surveillance with a smaller number of hidden cameras may in fact be a much popular and at the same time cheaper option than a general security system.

Some of the justifications offered for covert video surveillance are:

employers have a right to protect their business interests
covert surveillance affect fewer employees than overt surveillance and is much cheaper
if employees are unaware of surveillance, there is less risk of individual disputation
covert surveillance is often the most effective means of detecting unlawful activity.

2. Audio Surveillance

Audio surveillance is no longer merely an arcane art practiced by spies and private detectives. Today, it’s common place and spreading. Tape recorders are a fact of life, and they’re often used to document a transaction. Trying to telephone some companies and some government agencies there is a recording sign says: “This transaction is being recorded to help us assure …”.

In some companies the real purpose of tape recording conversation is to check how may the handle an hour, and to have evidence in case the customer says something that can used against him.

In prisons, officials often use electronic equipment to record all telephone conversations. Some of these are between lawyer and client, but all they go onto tape. It depends on the ethics of the guards whether they listen or not.

They are “high tech voice recorders” that put every conversation on a CD disk. A model made for correctional use is the “Laser voice”, using optional disk voice recording.

“Tube mike” is an electric device for “bugging” a room, motor vehicle, or other premises. It is a plastic tube passed through a small hole in a wall to conduct sound from the room to a small microphone at the other end.

This could be characterized as “non- access surveillance”.

“Tube microphones” come in all sizes. Some are relatively large plastic tubes (about 1/2” in diameter), but for tight spaces or maximum concealment there are “needle microphones” pressed against a wall to hear sounds in the next room.

If there is access to a room, a bug could be planted almost anywhere, even in the subject’s clothing. “Radio mikes” transmit whatever they pick up to a nearby receiver eliminating the need for tell-tale wires. Their only drawback, if they’re totally self-contained, is battery life. Other models fit into wall plugs, and take their power from the house current

One type of portable radio mike is the size and shape of a credit card, with a range of several hundred feet and a 30-hour battery life. Placed into the beast pocket of the subjects jacket, it permits monitoring a conversation held outdoors. The value of this is that many people think its possible to overhear a conversation held on the street or in a park, and that walking will defeat any prospect of a bug planted nearby.

In the open market there are several models of “gimmicked telephones” that use in the built in microphone to pick up any conversation in the room even when the telephone is not in use.

All the types of audio surveillance with miscellaneous bugging devices described before, are used today mainly in police and internal security agencies (such as FBI, NSA etc) or in companies security departments.

Telephone tapping still exists, but with today’s Electronic Switching System (ESS) its no longer necessary to go out and physically tap a person’s telephone line.

3. Phone Tapping and Encryption

Whenever a telephone line is tapped the privacy of the persons at both ends of the line is invaded and all conversations between them upon any subject and although proper, confidential and privileged ma be overheard.

The phone tapping normally used for surveillance of communications to combat “serious crime” and to protect “national security”.

On the other hand often companies keep records of phone numbers calls and the duration of such calls. In some companies these records are used to gauge job performance, while in others it simply allows employees to review calls and reimburse the employer for calls of a purely personal nature.

4. Voice and Word Pattern Recognition

Since it is no possible for an Agency or organization to employ a staff large enough to listen to all telephone conversations, read all faxes, etc, word recognition has to be computerized.

In this case a central computer could monitor all (or a group) of telephone conversations and recognize those in which the agency had an interest by using voice patterns and key words.

A wide variety of techniques are used to perform speech recognition. Typically speech recognition starts with the digital sampling of speech. The next stage is acoustic signal processing. Most techniques include spectral analysis e.g. LPC (Linear Predictive Coding), MFCC (Mel Frequency Cepstral Coefficients) cochlea modeling and many more.

The next stage is recognition of phonemes, groups of phonemes and words. This stage can be achieved by many processes such as DTW (Dynamic Time Warping), HMM (Hidden Markov modeling), expert systems and combination of techniques.

Most systems utilize some knowledge of the language to aid the recognition process. Some systems try to “understand” speech. That is try to convert the words into a representation of what the speaker intended to mean or achieve by what they said.

Voice and pattern recognition used as an advanced tool and a helpful technique (thanks to the IT) for surveillance of communications to combat “serious crime” or to protect “national security”

5. Proximity Smart Cards

Originally, electronic cards were substitutes for keys, which were too easy to reproduce. A metal key blank and a file where all that were necessary to duplicate a key, but more sophisticated equipment is necessary to duplicate even the simplest sort of electronic card.

The first type of electronic card used barium ferrite as magnetic dots embedded in the magnetic layer. This was a significant advance over punched cards, that were relatively easy to duplicate.

In the early 1970s, magnetic stripe cards were produced (by IBM), which are still used in credit cards and are somewhat more secure. However, they’re still too easy to forge and should pass through a magnetic stripe reader.

In the early 1980s, the advent of Application Specific Integrated Circuit (ASIC) technology, resulted in what quickly become known as “smart card” which could hold a variety of codes and information to make misuse or duplication almost impossible. This was the first “proximity card”, which did not require direct contact through a card recorder.

The proximity card is basically a “transponder” an electronic device that replies to a radio signal that “interrogates” it. The extended range model doesn’t require even placing it near the card reader, as it transmits to a receiver several feet away.

Use of proximity smart card as Transport card / E-purse

Transportation companies use the proximity smart cards to replace metro, bus, train tickets and boarding cards, etc.
The proximity smart card results in considerable time saving by greatly increasing passenger flow without diminishing security
With the contact part of the card, the proximity smart card is perfectly suited to financial transactions involving small amounts of money: automatic vending cafeterias, local shops, parking fees, cinemas, recreation / amusement parks, cultural and sports centers etc.

Use of proximity smart card as Access control / ID card

The company Proximity smart card contains data used to identify cardholders, as well as his own different access rights. The contactless part of the card is used to access building and other protected areas.
The contact portion can be used for network access, such as the Internet. With the electronic purse function it can be used in the company restaurant, at automatic vending machines, just like a traditional multi-service card.

One application, although, extends the proximity card’s usefulness by turning it into a tracking device. Proximity readers installed along the walls of a building allow tracking each card within the facility. If somebody is carrying one of these cards within a building so equipped, the central computer can sense exactly where he (she is at all times). There is a record of which area the employee (or visitor) is in, when he leaves, and where else within the building he may go. If the employee goes to the cafeteria, the computer will log when he lefts his work station, how long it took him to get to the cafeteria, which root he took, how long he remained in the cafeteria, when he started back and by which route, and when he arrived back in his work area. Likewise if he went to the bathroom. The computer can record whether he/she went to the men’s room or the ladies’ room.

Many countries are actively considering adopting national ID cards for the variety of functions. These include the United States, United Kingdom and Canada.

There are ID cards (credit cards) used for digital cash service which is supposed to be “anonymous”. But, it appears that the bank and the merchants could find the identity of the users.

The customer is identified to the trader and ultimate to the bank by the 300 previous transactions. Each of these will soon be superseded by further transactions and drop off end of the list.

These can be monitored by the bank and could be used for marketing purposes. This is the audit trail and could be sold to business users for third party marketing.

6. Transmitter Location

When a telephone or mobile phone used, the location of the user could be identified. The science of location radio uses three methods of finding a transmitter. The oldest is triangulation, in which several receiving stations with directional antennas take bearing on a transmission and communicate the bearing to a central plotting room.

Technicians trace each bearing on a map of the area and the intersection of the bearing pinpoints the location of the transmitter.

The second method requires several receives as well, and works by measuring the relative strengths of signals received. A computer analyses the strengths and determines the location of the transmitter

The third method also requires a computer-controlled chain of receives and measures the minute differences in the time the signal arrives at each receiver.

Formerly classified, these techniques are now available on the civilian market for law enforcement and private security. One application is locating stolen cars by pinpointing radio transmitters installed in the vehicle for this purpose.

Location of cellular phones in another application. Police today are using (in some countries) this application to pinpoint the location of cellphone users. Purportedly, this is to speed emergency response when a citizen calls for help (at home or in the road). Once the equipment is in place, it can, and must, serve other purposes. Criminal investigators will be able to pinpoint a specific cellphone each time the caller uses it, this will help an investigation into a stolen cellphone, or help locate wanted persons unwise enough to use cellphone or mobile phone.

Another device, sold only to police, is the “cellphone ESN Reader”, which reads the numbers of the targeted cellphone. This detects and records the cellular phone number, called number and ESN of the target phone of a ranges of up to two miles.

Theoretically, the technology can locate every cellphone and every mobile phone in the country every time someone makes a call on it (for cellphones) or just open it (for mobile phones).

7. E-mail at workplace

Personal messages the employee sent over his company’s e-mail are not private. They are not, and court decisions have held that they’re not.

It is a safe assumption that companies will keep an increasingly watchful eye on their internal email, and scrutinize what employees are saying to each other. It is easy to see that some companies may find that scrutinising staff e-mail can have more than one advantage for a company management. Originally instigated to avoid liability, reading employee’s e-mail can also serve to alert management of dishonesty, disloyalty or even matters like union activity.

8. Electronic Databases

The computer age has brought surveillance into a new era in which information about almost anybody is available to almost anybody.

Databases from Human Identification

There are a lot of government databases containing information about almost every resident in United States and in many European Countries as well.

A variety of person identification techniques are available, which can assist in associating data with them. Important examples of these techniques are:

names (what the person is called by other people)
codes (what the person is called by the organization)
knowledge (what the person knows)
biometrics (what the person is, does, or looks like e.g. appearance, natural physiography, etc.)

Data bases for financial surveillance

Financial records are gathered privately by several giant companies that specialize in this sort of information. These “credit reporting bureaus” purportedly maintain credit records, but in fact keep far more than credit information in their databases.

Other databases for human identification

There exist specialized databases available mainly to private investigators. These call information from telephone directories, city directories, voter registration records and many other public and private records to provide a profile of the person being investigated.

9. The Internet

The Internet, which began as a Computer communication network between Universities and laboratories decades ago, has turned into a vast public forum accessible to anyone with a computer.

International organizations, Public authorities, Companies, Universities, Research centers and individuals have access and exploit the Internet.

On the other hand Internet became:

an entertainment tool
a huge Information source
an important marketing tool
a big virtual electronic market with a considerable number of economic transactions every second

IT technology at the same time, restricted the individuals’ right to privacy since they could be identified through their ID number or through their records or transactions.

The growing rift between the needs of Internet Commerce and the individual’s right to privacy gave rise to the development of new tools.

In January 1999 Intel announced its plans for the development of a microchip containing embedded electronic serial numbers that allow individual computers to be readily identified.

The identities, similar to the unique vehicle identification numbers on cars and trucks would be a caller ID technology for computer.

But critics see it is on an ominous development, ushering in a new period of electronic surveillance. Privacy experts fear the new Intel chip could mean the death of anonymity on the Internet.

But this would appear to really variously endanger privacy on the Internet by creating a permanent ID number for every Intel user on the Net.

3. THE USE OF SURVEILLANCE TECHNOLOGY SYSTEMS FOR THE TRANSMISSION AND COLLECTION OF ECONOMIC INFORMATION

As the Internet and other communication systems reach further into the everyday lives, national security, low enforcement and individual privacy have become perilously intertwined. Governments want to restrict the free flow of information and software producers are seeking ways to ensure consumers are not bugged from the moment of purchases.

All developing communication technologies, digital telephone switches cellular and satellite phones HAVE SURVEILLANCE CAPABILITIES. On the other hand the development of software that contains encryption, a telephone which allows people to scramble their communications and files to prevent others from reading them gourd earth [sic].

3.1 CALEA system

The first effort to heighten surveillance opportunities (made by USA) was to force telecommunication companies to use equipment desired to include enhanced wiretapping capabilities.

In the late 1980s in a program known internally as “Operation Root Canal” US low enforcement officials demanded that telephone companies alter their equipment to facilitate the interception of messages. The companies refused but, after several years of lobbying, Congress enacted the Communications Assistance for Law Enforcement ACT (CALEA) in 1994.

CALEA requires that terrestrial cellular phone services and other entities ensure that all their equipment, facilities or services are capable of expeditiously, enabling the government to intercept all wire and oral communications varied by the carrier concurrently with their transmission.

Communications must be interceptable in such a form that they could be transmitted to a remote government facility. Manufactures must work with industry and low enforcement officials to ensure that their equipment meets federal standards.

The passage of CALEA has been controversial, but its provisions have yet to be enforced due to FBI efforts to include even more rigorous regulations under the law. These include: the requirement, the cell phones allow for location – tracking on demand and that telephone companies provide capacity for up to 50.000 simultaneous wiretaps.

CALEA finally has been accepted as an International standard in US. In 1991 the FBI contacted EU member states in order to propose to them do incorporate CALEA into European Law. This plan according to an EU report, was to call for the Western World (EU, US and allies) to agree to norms and procedures and then sell their products to Third World countries. There is a council resolution that was adopted on 17 January 1997 on the lawful interception of communications (961C329/a). The US government is now in negotiations with the International Telecommunications Unit (ITU) to adopt the standards globally.

3.2 ECHELON Connection

The previous STOA Interim Study (PE 166.499) entitled “An Appraisal of technologies of political control” made certain statements concerning the ECHELON global surveillance system. This is reported to be a world-wide surveillance system designed and coordinated by the US NSA (National Security Agency) that intercepts e-mail, fax, telex and international telephone communications carried via satellites and has been operating since the early 1980s – it is part of the post Cold War developments based on the UK-USA agreement signed between the UK, USA, Canada, Australia and New Zealand in 1948.

The five agencies said to be involved are: the US National Security Agency (NSA), the Government Communications Security Bureau (GCSB) in New Zealand, Government Communications Headquarters Signals Directorate (DSD) in Australia. The system was brought to light by the author Nicky Hager in his 1996 book Secret Power: New Zealand’s role in the International Spy Network. For this, he interviewed more than 50 people who work or have worked in intelligence who are concerned at the uses of ECHELON. It is said that “The ECHELON system is not designed to eavesdrop on a particular individual’s e-mail or fax link. Rather, the system works by indiscriminately intercepting very large quantities of communications and using computers to identify and extract messages from the mass of unwanted ones”.

According to Interim Study (PE 166.499) of 1998, there are reported to be three components to ECHELON:
1. The monitoring of Intelsats, international telecommunications satellites used by phone companies In most countries. A key ECHELON station is at Morwenstow in Cornwall monitoring Europe, the Atlantic and the Indian Ocean.

2. ECHELON interception of non-Intelsat regional communication satellites. Key monitoring stations are Menwith Hill in Yorkshire and Bad Aibling in Germany.

3. The final element of the ECHELON system is the surveillance of land-based or under-sea systems, which use cables or microwave tower networks.

At present it is thought ECHELON’s effort is primarily directed at the “written form” (e-mails, fixes, and telexes) but new satellite telephones system which take over from old land-based ones will be as vulnerable as the “written word”.

Each of the five centres supply to the other four “Dictionaries” of keywords, phrases, people and places to ‘stag” and tagged intercept is forwarded straight to the requesting country.

It is the interface of the ECHELON system and its potential development on phone calls combined with the standardisation of”tappable” telecommunications centres and equipment being sponsored by the EU and the USA which presents a truly global threat over which there are no legal or democratic controls.

The earlier study (PE 166.499) identified a number of options for the European Union, centred round the proposition that:
“All surveillance technologies, operations and practices should be subject to procedures to ensure democratic accountability and there should be proper codes of practice to ensure redress if malpractice or abuse takes place. Explicit criteria should be agreed for deciding who should be targeted for surveillance and who should not, how such data is stored, processed and shared. Such criteria and associated codes of practice should be made publicly available.”

Other points included:
– All requisite codes of practice should ensure that new surveillance technologies are brought within the appropriate data protection legislation.

– Given that data from most digital monitoring systems can be seamlessly edited, new guidance should be provided on what constitutes admissible evidence. This concern is particularly relevant to automatic identification systems which will need to take cognizance of the provisions of Article 15, of the 1995 European Directive on the Protection of Individuals and Processing of Personal Data.

– Regulations should be developed covering the provision of electronic bugging and tapping devices to private citizens and companies, so that their sale is governed by legal permission rather than self regulation.

– Use of telephone interception by Member states should be subject to procedures of public accountability referred to in (1) above. Before any telephone interception takes place a warrant should be obtained in a manna prescribed by the relevant parliament. In most cases, law enforcement agencies will not be permitted to self-authorise interception except in the most unusual of circumstances which should be reported back to the authorising authority at the earliest opportunity.

– Annual statistics on interception should be reported to each member states’ parliament. These statistics should provide comprehensive details of the actual number of communication devices intercepted and data should be not be aggregated. (This is to avoid the statistics only identifying the number of warrants, issued whereas organisations under surveillance may have many hundreds of members, all of whose phones may be subject to interception).

– Technologies facilitating the automatic profiling and pattern analysis of telephone calls to establish friendship and contact networks should be subject to the same legal requirements as those for telephone interception and reported to the relevant member state parliament.

– The European Parliament should reject proposals from the United States for making private messages via the global communications network (Internet) accessible to US Intelligence Agencies. Nor should the Parliament agree to new expensive encryption controls without a wide ranging debate within the EU on the implications of such measures. These encompass the civil and human rights of European citizens and the commercial rights of companies to operate within the law, without unwarranted surveillance by intelligence agencies operating in conjunction with multinational competitors.

3. Inhabitant identification Schemes

Inhabitant identification schemes are schemes, which provide all, or most people in the country with a unique code and a token (generally a card) containing the code.

Such schemes are used in many European Countries for a defined set of purposes, typically the administration of taxation, natural superannuation and health insurance. In some countries, they are used for multiple additional purposes.

4. THE NATURE OF ECONOMIC INFORMATION SELECTED BY SURVEILLANCE TECHNOLOGY SYSTEMS

A. From telecommunication systems

Concerning public authorities and organizations:

secret telephone conversations, fax messages and electronic mail
sensitive information concerning taxation
information concerning various fund transfers especially from one service to the other and financial transactions
data used in the critical banking infrastructure systems

Concerning business:

private business communication, including telephone conversations, fax messages and electronic mail
order from fund transfers and other financial transactions (e.g. payments by credit cards by fax)
sensitive business information and trade secrets

Concerning individuals:

private conversations, fax messages, e-mail
payments by credit cards
secret information concerning taxation

B. From new information technologies (Internet)

Concerning public authorities and organizations:

sensitive information and state secrets
tele-banking
tax records and other financial information
data used in the operation of critical infrastructure systems
public contracts received by electronic mail

Concerning business:

contracts
invoices and other official documents
secret electronic transactions
risk of international property and license in secret transactions
payment orders by credit cards
payments received on-line

Concerning consumers and individuals:

payment by credit cards
payment on-line
contracts and agreements
electronic financial transactions (e.g. tele-banking).

C. Some examples of data collection on tSe Internet

Data can be collected over the Internet either directly or indirectly; in other words, it can be collected either at the time of contact with a correspondent or without the knowledge of the person concerned, often automatically. The nature of the data collected varies according to the protocol used on the network i.e. according to the type of service. In practice, different protocols are very often used in combination to augment the profitability or quality of exchanges. For example, a Web page may propose an exchange of correspondence or a transfer of documents via links with the e-mail protocol and the protocol used for transferring files, which is more powerful.

When electronic messaging is used (Simple Mail Transfer Protocol — SMTP, and Network News Transfer Protocol — NNTP), communication is established from one personal mailbox to another, or between a personal mailbox and a mailbox common to a number of correspondents. The information transmitted consists of the name and e-mail address, the server address and the signature file (sig.file) if created by the user of the machine. If a communication is addressed to a joint mailbox, this information is given out to an indeterminate number of correspondents, participation in a discussion group being theoretically free. As a result, any person listed on a distribution list can at the very least obtain the e-mail addresses of all other listed parties, since this information is provided automatically for purposes of communication on a given topic.

While most downloading (File Transfer Protocol — FTP) is done anonymously, with only the network’s Internet Protocol — IP — address being revealed, the same cannot be said for document presentation (World Wide Web — WWW, Hyper Text Transfer Protocol — HTTP). The minimum information revealed at each step in the Web is the name of the network machine making the request and the type of browser being used. Browsers contain an identification — ID — file which, is configured by the user or at the user’s request, stores various personal data such as the user’s name or e-mail address. If a Web server requests this information, it can be automatically given out.

A Web server can also send out information, which is stored by the user’s navigator (so-called ‘cookies’) and retrieved at a subsequent connection to the server. This system indicates that a visitor has been there before, but without revealing his identity: identification requires matching with other information. As a result, when linked to the ID file incorporated into the browser and transmitted to a server, the information recorded in cookies c-an yield valuable user profiles. It can be noted, however, that some navigations — to a varying and often inadequate extent — allow use of these cookies to be blocked.

5. PROTECTION FROM ELECTRONIC SURVEILLANCE

A. Encryption (Cryptography)

Finally, new information technologies include the privacy of individuals, the security of data in the computer or on the network, and the availability of encryption software to protect data in the event they are intercepted. In this context, privacy refers to controlling the dissemination and use of data, including information that are unintentionally revealed as a by-product of the use of the information technologies themselves.

Security refers to the integrity of the data storage, processing, and transmitting systems and includes concerns about the reliability of the hardware and software, the protections against intrusion into the theft of the computer equipment, and the resistance of computer systems to infiltration by unpermitted users, that is, “hacking”. Encryption is the practice of encoding data so that even if a computer or network is compromised, the data’s content will remain secret. Security and encryption issues are important because they are central to public confidence in networks and to the use of the systems for the sensitive or secret data, such as the processing of information touching on national security. These issues are surpassingly controversial because of governments’ interest in preventing digital information from being impervious to official interception and decoding for low enforcement and other purposes.

Private sector initiatives

A large number of private sector interests, in the United States in particular, are attempting, a view to fostering electronic commerce, to promote technological solutions that will provide a a1 practical response to consumers concerns while still preserving business interests. In other words, they are starting to explore ways and means of making privacy work in communication networks. These initiatives go in the right direction and it would be worthwhile for governments to engage in a dialogue on the basis.

As an example, Netscape joined by Microsoft, is leading an industry initiative (40 companies) to cope with privacy issues and proposes standard software intended to enable computer users to control what personal information is obtained when they visit Internet sites and how the information is used, as well as avoid unwanted e-mail. The proposal, called the OPS — Open Profiling Standard –, which has been submitted to the World Wide Web Consortium — W3C, provides the users with a way to pre-package the personal registration information Web sites may require. At the same time, OPS lets users control when and how much of their personal profiles can be passed to a third party. OPS would have users fill out profiles and preference information in a standard that could be identified by a digital certificate (that would give a guarantee from a trusted third party that the person is really who they say they are). The standardized format and brand names associated with the profile forms would be incorporated, in the case of Netscape, into the Communicator browser. According to some specialists, OPS is an addition to rather than replacement for the intrusive cookie method of tracking user information.

Another project is the new W3C Platform for Privacy Preferences (P3) Project developed by the W3C. The P3 Project is a platform on which other technological, market and regulatory solutions can interoperate and build. The P3 prototype allows Web sites to easily describe their privacy practices as well as users to set policies about the collection and use of their personal data. A flexible ‘negotiation’ between the Web site’s practices and the user’s preferences allows service to offer the preferred level of service and data protection to the user. If there is a match, access to the site is seamless; otherwise the user is notified of the difference and is offered other access options to proceed. With P3, users can download ‘recommended’ settings established by organizations such as industry associations and consumer advocacy groups. According to some privacy specialists, P3 requires users to disclose privacy preferences when good privacy policies should provide meaningful information for users about Web site practices and not require users to disclose personal information.

Techniques to provide users with more information about privacy practices are also being developed. For instance, a number of companies and service operators have a privacy Icon which appears either when the user enters a site, or when the user starts to provide information. The Icon can either lead by hyper-link to a sophisticated service providing details of the company’s (service operator) data protection policies and a tick box(es) allowing the user to opt out of having his/her data used foe specific purposes, or the icon can lead to page referring the user, for example, to an address from which further details are available.

Another example is the development of services and branding techniques, which intend to provide, dear meaningful designations for privacy practices such as TRUSTe, formerly eTRUST.

The TRUSTe program will focus on addressing privacy issues concerning data collection on the Internet. With an emphasis on analysing consumer fears surrounding electronic commerce, the program will utilise Web site icons (trustmarks) to alert online consumers to the uses of their personal information.

To further consumer privacy the TRUSTe program will utilise a standardised method of informed consent. A branded system of ’trustmarks’ or logos, representing the Web site’s information privacy policy for users’ personal information, will alert consumers to how the information they reveal online will be used.

The three trustmarks will be:

No Exchange – no personally identifiable information is used by the site.
One-to-one Exchange is collected only for the site owner’s use.
Third Party Exchange – data is collected and provided to specified third parties but only with the user’s knowledge and consent.

The TRUSTe initiative was launched in July 1996 by the Electronic Frontier Foundation (EFF) and a group of pioneering Internet companies. CommerceNet and the EFF then partnered in October 1996 to move forward in implementing the initiative.

TRUSTe is a global, non-profit initiative to establish trust and confidence in electronic communication by creating an infrastructure to address online privacy issues. Comprised of premier members from the electronic commerce industry, the program assures consumer privacy through a progressive policy of informed consent utilising a branded system of ’trustmarks’, which represent a company’s online information privacy policy.

Finally, systems for implementing on-line E-mail Preference Services (EPS) or ‘E-mail Robinson Lists’ are also under consideration (EPS allow consumers who do not wish to receive e-mails to be excluded from lists, the common database used to register opt out demands being then used to clean marketing lists). As an example, a software package is being developed in the USA which would allow consumers to register on-line; would be secure from intruders, and yet user-friendly for industry to clean their E-mail marketing lists; and which could be serviced easily by the operator (the Direct Marketing Association (DMA-US)). A similar system will be developed in the United Kingdom, and it is planned that these two countries would then spearhead a Global Convention on EPS inviting other DMSs to join. Another proposal, which has yet to be fully considered by industry, comes from the UK data protection Registrar, which has suggested a mechanism enabling the consumers to indicate if they do not wish to be contacted be e-mail in their e-mail address. A universally agreed character (a marker) would indicate that the user does not want to receive any marketing solicitations. The user would also be free to make different choices: i.e. to use the marker when visiting one site and not to use it when visiting another. This system should be combined with others, such as the proposed E-mail Preference Service.

B. Key-recovery

Cryptography is a complex area, with scientific, technical, political, social, business, and economic dimensions.

For the purpose of this report, ‘key recovery’ systems are characterized by the presence of some mechanism for obtaining exceptional access to the plain text of encrypted traffic. Key recovery might serve a wide spectrum of access requirements, from a backup mechanism that ensures a business’ continued access to its own encrypted archive in the event keys are lost, to providing covert law enforcement access to wiretapped encrypted telephone conversations. Many of the costs, risks, and complexities inherent in the design, implementation, and operation of key recovery systems depend on the access requirements around which the system is designed.

We focus specifically on key recovery systems designed to meet government access specifications. These specifications diverge in important ways from the needs of commercial or individual encryption users:

Access without end-user knowledge or consent — Few commercial users need (or want) covert mechanisms to recover keys or plain text data they protect. On the contrary, business access rules are usually well known, and audit is a very important safeguard against fraud and error. Government specifications require mechanisms that circumvent this important security practice.

Ubiquitous adoption — Government seeks the use of key recovery for all encryption, regardless of whether there is benefit to the end-user or whether it makes sense in context. In fact, there is little or no demand for key recovery for many applications and users. For example, the commercial demand for recovery of encrypted communications is extremely limited, and the design and analysis of key recovery for certain kinds of communications protocols is especially difficult.

Fast paths to plain text — Law enforcement demands fast (near real-time), 24-hour-a-day, 365-day-a-year access to plain text, making it impossible to employ the full range of safeguards that could ameliorate some of the risks inherent in commercial key recovery systems.

Encryption and the global information infrastructure

The Global Information Infrastructure promises to revolutionize electronic commerce, reinvigorate government, and provide new and open access to the information society. Yet this promise cannot be achieved without information security and privacy. Without a secure and trusted infrastructure, companies and individuals will become increasingly reluctant to move their private business or personal information online.

The need for information security is widespread and touches all of us, whether users of information technology or not. Sensitive information of all kinds is increasingly finding its way into electronic form. Examples include:

Private personal and business communications, including telephone conversations, fax messages, and electronic mail;
Electronic funds and other financial transactions;
Sensitive business information and trade secrets;
Data used in the operation of critical infrastructure systems such as air traffic control, the telephone network or the power grid; and
Health records, personnel files, and other personal information.

Electronically managed information touches almost every aspect of daily life in modern society. This rising tide of important yet unsecured electronic data leaves our society increasingly vulnerable to curious neighbors, industrial spies, rogue nations, organized crime, and terrorist organizations.

Paradoxically, although the technology for managing and communicating electronic information is improving at a remarkable rate, this progress generally comes at the expense of intrinsic security. In general, as information technology improves and becomes faster, cheaper, and easier to use, it becomes less possible to control (or even identify) where sensitive data flows, where documents originated, or who is at the other end of the telephone. The basic communication infrastructure of our techniques more and more frequently will become the only visible approach to assuring the privacy and safety of sensitive information as these trends continue.

Encryption is an essential tool in providing security in the information age. Encryption is based on the use of mathematical procedures to scramble data so that it is extremely difficult — if not virtually impossible — for anyone other than authorized recipients to recover the original ‘plain text’. Properly implemented encryption allows sensitive information to be stored on insecure computers or transmitted across insecure networks. Only parties with the correct decryption ‘key’ (or keys) are able to recover the plain text information.

Highly secure encryption can be deployed relatively cheaply, and it is widely believed that encryption will be broad}y adopted and embedded in most electronic and communications products and applications for handling potentially valuable data. Applications of cryptography include protecting files from theft or unauthorized access, securing communications from interception, and enabling secure business transactions. Other cryptographic techniques can be used to guarantee that the contents of a file or message have not been altered (integrity), to establish the identity of a party (authentication), or to make legal commitments (non-repudiation).

In making information secure from unwanted eavesdropping, interception, and theft, strong encryption has an ancillary effect: it becomes more difficult for law enforcement to conduct certain kinds of surreptitious electronic surveillance (particularly wiretapping) against suspected criminals without the knowledge and assistance of the target. This difficulty is at the core of the debate over key recovery.

Key-Recovery: Requirements and proposals

The United States and other national governments have sought to prevent widespread use of cryptography unless ‘key recovery’ mechanisms guaranteeing law enforcement access to plain text are built into these systems. The requirements imposed by such government-driven key recovery systems are different from the features sought by encryption users, and ultimately impose substantial new risks and costs.

Key recovery encryption systems provide some form of access to plain text outside of the normal channel of encryption and decryption. Key recovery is sometimes also called ‘key escrow’. The term ‘escrow’ became popular in connection with the U.S. government’s Clipper Chip initiative, in which a master key to each encryption device was held ‘in escrow’ for release to law enforcement. Today the term ‘key recovery’ is used as generic term for these systems, encompassing the various ‘key escrow’, ’trusted third party’, ‘exceptional access’, ‘data recovery’, and ‘key recovery’ encryption systems introduced in recent years. Although there are differences between these systems, the distinctions are not critical for our purposes. In this report, the general term ‘key recovery’ is used in a broad sense, to refer to any system for assuring third-party (government) access to encrypted data.

Key recovery encryption systems work in a variety of ways. Early ‘key escrow’ proposals relied on the storage of private keys by the U. S. government, and more recently by designated private entities .

Other systems have ‘escrow agents’ or ‘key recovery agents’ that maintain the ability to recover the keys for a particular encrypted communication session or stored file; these systems require that such ‘session keys’ be encrypted with the key known by a recovery agent and included with the data. Some systems split the ability to recover keys among several agents.

Many interested parties have sought to draw sharp distinctions among the various key recovery proposals. It is certainly true that several new key recovery systems have emerged that they can be distinguished from the original ‘Clipper’ proposal by their methods of storing and recovering keys. However, our discussion takes a higher-level view of the basic requirements of the problem rather than the details of any particular scheme; it does not require a distinction between ‘key escrow’, ’trusted third-party’, and ‘key recovery’. All these systems share the essential elements that concern us for the purposes of this study:

A mechanism, external to the primary means of encryption and decryption, by which a third party can obtain covert access to the plain text of encrypted data.
The existence of a highly sensitive secret key (or collection of keys) that must be secured for an extended period of time.

Taken together, these elements encompass a system of ‘ubiquitous key recovery’ designed to meet law enforcement specifications. While some specific details may change, the basic requirements most likely will not: they are the essential requirements for any system that meets the stated objective of guaranteeing law enforcement agencies timely access, without user notice, to the plain text of encrypted communications traffic.

6. SURVEILLANCE TECHNOLOGY SYSTEMS IN LEGAL AND REGULATORY CONTEXT

As a conclusion from this present Interim Study is the principle that WE HAVE TO CONSIDER PRIVACY PROTECTION IN THE CONTEXT OF A GLOBAL NETWORKED SOCIETY. And when we speak about electronic privacy in the exchange of economic information, we are speaking about one single thing above all others: Electronic Commerce over the Internet.

A. Privacy regulation

Multinational data protection measures

Enactment of data protection laws by individual European nations has been paralleled and, in some cases anticipated, by multinational actions. In 1980 the Committee of Ministers of the Organization for Economic Cooperation and Development (OECD) issued Guidelines on the Protection of Privacy and Transborder Flows of Personal Data (guidelines). The guidelines outline basic principles for both data protection and the free flow of information among countries that have laws conforming with the protection principles. The guidelines, however, have no blinding force and permit broad variation in national implementation.

One year after the OECD issued its guidelines, the Council of Europe promulgated a convention, For the Protection of Individuals with Regard to Automatic Processing of Personal Data. The convention, which took effect in 1985, is similar to the guidelines, although it focuses more on the importance of data protection to protect personal privacy. The convention specifies that data must be obtained and processed fairly; used and stored only for legal purposes; adequate, relevant, and not excessive in relation to the purpose for which they are processed; accurate and up-to-date; and stored no longer than necessary. The document gives individuals the right to inquire about the existence of data files concerning them; obtain a copy of that data; and have false or improperly processed data corrected or erased.

The convention requires each of the member countries (now twenty-six) to enact conforming national laws. By 1992, however, when debate over the more detailed European Union data protection directive, discussed below, overtook the convention, only ten countries — Austria, Denmark France, Germany, Ireland, Luxembourg, Norway, Spain Sweden and the United Kingdom — had ratified the convention, while eight — Belgium, Cyprus, Greece, Island, Italy, Netherlands, Portugal and Turkey — had signed without ratification. The Council of Europe subsequently urged all European Union member states to ratify and implement the convention when it endorsed the European Commission’s proposal for a data protection directive. By 1997, all of the fifteen EU member states (except Greece, which is currently considering a privacy bill) and Switzerland have national legislation consistent with the convention.

Nevertheless, the resulting protection for personal privacy is far from uniform, for at least three reasons. First, some of the national data protection legislation existed before the adoption of the convention. Second, the convention was not self-executing and therefore permitted each country to implement its national laws conforming to the government’s terms in very different ways. Finally, the convention did not include definitions for important terms, such as what constitutes an ‘adequate’ level of data protection; as result, member countries were left free to adopt their own, inconsistent definitions in their national legislation.

Data protection directive in Europe

Although, legal protection for a ‘right of privacy’ originated in the United States, Europe was the site of the first privacy legislation and has been the source of most comprehensive privacy regulation.

Europe is the site of the first privacy legislation, the earliest national privacy statute, and now the most comprehensive protection for information privacy in the world. That protection reflects on apparent consensus within Europe that privacy is a fundamental human right which few in any other rights equal. In the context of European history and civil law culture, that consensus makes possible extensive, detailed regulation of virtually all activities concerning ‘any information relating to an identified or identifiable natural person’. It is difficult to imagine a regulatory regime offering any greater protection to information privacy, or greater contrast to U.S. law.

As a result of the variation and uneven application among national laws permitted by both the guidelines and the convention, in July 1990 the commission of the then-European Community (EC) published a draft Council Directive on the Protection of Individuals with Regard to the Processing of Personal Data and on Free Movement of Such Data The draft directive was part of the ambitious program by the countries of the European Union to create not merely the ‘common market’ and ‘economic and monetary union’ contemplated by the Treaty of Rome, but also the potential union embodied in the Treaty on European Union signed in 1992 in Maastricht.

The shift from economic to broad-based political union brought with it new attention to the protection of information privacy. On March 1 1, 1992, the European Parliament amended the commission’s proposal to eliminate the distinction in the 1990 draft between public and private sector data protection and then overwhelmingly approved the draft directive. On October 15, 1992, the commission issued its amended proposal; on February 20, 1995, the Council of Ministers adopted a Common Position with a View to Adopting Directive 95/46/EC of the European Parliament and of the Council on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data. The directive was formally approved on October 24, 1995, and took effect three years later.

Privacy regulation in the United States

The protection for the information privacy in the United States is disjoined, inconsistent, and limited by conflicting interests. There is no explicit constitutional guarantee of a right to privacy in the United States. Although the Supreme Court has fashioned a variety of rights out of the Bill of Rights and the Fourteenth Amendment, ‘information privacy’ has received little protection, primarily based on the Fourth and Fourteenth Amendments. In the Fourth Amendment arena, the Court has found constitutional violations when the police have searched for or seized records without a warrant or meeting one of the exceptions to the warrant requirement. The Court, however, has written that the Fourth Amendment privacy right has little application outside of the context of the investigation and prosecution of criminal activity. Moreover, this protection against such searches does not extend to information controlled by a third person. Under the Fourteenth Amendment, the Court has recognized a constitutional right restricting the government from compelling individuals to disclose certain personal information. This right protects only the interest of an individual in not disclosing certain information, and that right is evaluated under intermediate scrutiny, as opposed to the strict scrutiny required when fundamental rights are at stake

As with all constitutional rights, these apply only against the government, not private actors. The requirement for state action and the ‘negative’ nature of constitutional rights require only that the government refrain from taking actions that impermissibly invaded individuals’ information privacy rights, not that the government take steps to affirmatively protect those rights. The Constitution also requires, however, that the government avoid actions that infringe other rights enumerated therein, such as the protection for expression in the Fifth Amendment, the government cannot take private property, whether by physical occupation or extensive regulation, without according due process and paying just compensation to the owner.

Outside of the constitutional arena, protection for information privacy relies on hundreds of federal and state laws and regulations, each of which applies only to a specific category of information user (such as the government or retailers of videotapes), context (applying for credit or subscribing to cable television), type of information (criminal records or financial information), or use for that information (computer matching or impermissible discrimination). PrivacY laws in 49 the United States most often prohibit certain disclosures, rather than collection, use, or storage, of personal information. When those protections extend to the use of personal information, it is often as a by-product of legislative commitment to another goal, such as eliminating discrimination. And the role provided for the government in most U. S. privacy laws is often limited to providing a judicial form for resolving disputes.

Passage of the privacy provisions in the Cable Communications Policy Act, and recent passage of the Consumer Credit Reporting Reform Act and the CPNI provision of the Telecommunications Act, demonstrate that Congress can enact serious privacy protection, even if limited to narrow sectoral environments. The later two acts and the expanding debate in Washington over the privacy evince the growing attention to the development of laws and regulations to protect privacy.

However, as the limits and exceptions within existing privacy laws indicate, privacy protection in the United States is fundamentally in tension with other cherished values. The legal regulation of privacy is significantly influenced by the importance placed by society on the prevention of crime and prosecution of criminals, free expression and an investigatory press, the acquisition and use of property, and a limited role for government involvement in daily life. A comparison of the legal regimes of the EU and the United States suggests that the Europe privacy is more valued and less in conflict with other widely shared values.

B. Protection of Privacy in the telecommunications sector

Directive 97/66/EC of the European Parliament and the Council of the 15 December 1997 concerns the processing of personal data and the protection of privacy in the telecommunications sector.

This directive provides for the harmonisation of the provisions of the member states required to ensure an equivalent level of protection of fundamental rights and freedom, and in particular the right to privacy, with respect to the processing of personal data in the telecommunications sector and to ensure the free movement of such data and telecommunications equipment and services in the Community.

The provision of this directive particularises and complements the directive 95/46/EC for the purpose mentioned above. Moreover they provide for protection and legitimate interests of subscribers who are legal persons.

This directive shall not apply to the activities which fall outside the scope of Community law, such as those provided for by titles V and VI of the treaty on European Union, and in any case to activities concerning public security, defence, state security (including the economic well being of the state when the activities relate to state security matters) and the activities of the state in areas of criminal law.

C. Cryptography

Cryptography policy in USA

It is part of the strategy to ensure that police and intelligence agencies could understand every communication they intercepted.

They attempted to impede the development of cryptography and other security measures, fearing that these technologies would reduce their ability to monitor the emissions of foreign governments and to investigate crime.

A survey by the Global Internet Liberty Campaign (GILC) found that most countries either rejected domestic controls or not addressed the issue at all. The GILC found that many countries, large and small, industrialised and developing, seem to be ambivalent about the need to control encryption technology.

The FBI and the National Security Agency (NSA) have instigated efforts to restrict the availability of encryption world-wide, in the early 1970s, the NSA’s pretext was that encryption technology was ‘born classified’ and, therefore, it dissemination fell into the same category as the diffusion of A-bomb materials. The debate went underground until 1993 when the US launched the Clipper Chip, an encryption device designed for inclusion in consumer products. The Clipper Chip offered the required privacy, but the government would remain a ‘pass- key’ — anything encrypted with the chip could be read by government agencies.

Behind the scenes, law enforcement and intelligence agencies were pushing hard for a ban on other forms of encryption. In a February 1993 document, obtained by the Electronic Privacy Information Centre (EPIC), recommended ‘Technical solutions, such as they are, will only work if they are incorporated into all encryption products. To ensure that this occurs, legislation mandating the use of government-approved encryption products, or adherence to government encryption criteria’. The Clipper Chip was widely criticised by industry, public interest groups, scientific societies and the public and, though it was officially adopted, only a few were ever sold or used.

From 1994 onwards, USA began to woo private companies to develop an encryption system that would provide access to keys by government agencies. Under the proposals — variously known as ‘key recovery’ or ’trusted third parties’ — the key would be held by a corporation, not a government agency, and would be designed by the private sector, not the NSA. The systems, however, still entitled the assumption of guaranteed access to the intelligence community and so proved as controversial used export incentives to encourage companies to adopt key escrow products: they could export stronger encryptions but only if they ensured that intelligence agencies had access to the keys.

Under US law, computer software and hardware cannot be exported if it contains encryption that the NSA cannot break. The regulations stymie the availability of encryption in the USA because companies are reluctant to develop two separate product lines – one, with strong encryption, for domestic use and another, with weak encryption, for the international market. Several cases are pending in the US courts on the constitutionality of export controls; a federal court recently ruled that they violate free speech rights under the First Amendment.

The FBI has not let up on efforts to ban products on which it cannot eavesdrop. In mid-1997, it introduced legislation to mandate that key-recovery systems be built into all computer systems. Several congressional committees adopted the amendment but the Senate preferred a weaker variant. A concerted campaign by computer, telephone and privacy groups finally stopped the proposal; it now appears that no legislation will be enacted in the current Congress.

Cryptography policy guidelines from OECD

The organisation for Economic Co-operation and Development in 1997 issued a report on cryptography policy entitled: CRYPTOGRAPHY POLICY: THE GUIDELINES AND THE ISSUES (OCOE / GD (97) 204). The basic principles (each of which addresses an important policy concern) are independent and should be considered as a whole so as to balance the various interests. The principles are:

Trust in cryptographic methods: Users should be trustworthy in order to generate confidence in the use of information and commercial data.
Choice of Cryptographic methods: Users should have a right to choose any cryptographic method, subject to applicable law.
Market driven development of cryptographic methods: Cryptographic methods should be developed in response to the needs, demands and responsibilities of individuals, business and governments.
Standards for cryptographic methods: Technical standards, criteria and protocols for cryptographic methods should be developed and promulgated at the national and international law.
Protection of privacy and Personal data: the fundamental rights of individuals, to privacy, including secrecy of communications and protection of personal data, should be respected in national cryptography policies and in the implementation and use of cryptographic methods.
Lawful access: National cryptography policies may allow lawful access to plain text, or cryptographic keys, of encrypted data. These policies must respect the other principles contained in the guidelines to the greatest extent possible.
Liability: whether established by contract on legislation, the liability of individuals and entities that offer cryptographic services or hold or access cryptographic keys should be clearly stated.
International co-operation: Governments should cooperate to coordinate cryptography policies. As part of this effort, governments should remove, or avoid creating in the name of cryptography policy, unjustified obstacles to trade.

Given the role of cryptography in the information and communications infrastructure and in developing electronic commerce, cryptography policy has the broader perspective to overlap with economic, legal and political aspects of a number of information systems, protection of privacy and personal data and intellectual property protection.

E.U. cryptography policy

Led by the Germany and the Scandinavians, the EU has been generally distrustful of key escrow technology. In October 1997, the European Commission released a report entitled: ‘Towards a European Framework of Digital Signatures and Encryption’, ensuring security and trust in electronic communications (COM (97)503 final) which advised: ‘Restricting the use of encryption could well prevent law-abiding companies and citizens from protecting themselves against criminal attacks. It would not, however, totally prevent criminals from using these technologies’. The report noted that ‘privacy considerations suggest limit the use of cryptography as a means to ensure data security and confidentiality’.

Some European countries have or are contemplating independent restrictions. France had a longstanding ban on the use of any cryptography to which the government does not have access. However, a 1996 law, modifying the existing system, allows a system of tiers du confidence, although it has not been implemented because of EU opposition. In 1997, the Conservative government in the UK introduced a proposal creating a system of trusted third parties. It was severely criticised at the time and by the new Labour government, which has not yet acted upon its predecessor’s recommendations.

0 The debate over encryption and the conflicting demands of security and privacy are bound to continue. The commercial future of the Internet depends on a universally-accepted and foolproof method of on-line identifications; as of now, the only means of providing it is through strong encryption. This put the US government and some of the world’s largest corporations, notably Microsoft, on a collision course.

Other national and international activities related to cryptography policy

Cryptographic products and technologies have historically been subject to export controls. The current basis for export controls in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (agreed on 13 July 1996), which includes cryptography products on its control lists for export. The Agreement is implemented in national regulations. Regulation [(EC) 3381/94] and Decision [94/942/PESC] of the Council of the European Union of 19 December 1994 on the control of the export of dual-use goods are also applicable to the export of cryptographic products.

The Council of Europe has developed considerable resources to studying the subject of computer-related crime, issuing the Recommendation [R(95)13] of the Council of Europe of 11 September 1995 concerning problems of criminal procedural law connected with information technology, and is considering suggesting an international convention to address the issue. Such a convention could address matters such as exchange of information among government agencies in case involving the use of cryptography.

At the G7 Summit meeting on anti-terrorism in July 1996, G7 governments announced that consultations would be accelerated, ‘in appropriate bilateral or multilateral for a, on the use of encryption that allows, when necessary, lawful government access to data and communication in order, inter alia, to prevent or investigate acts of terrorism, while protecting the privacy of legitimate communications’.

In May 1996 the US National Research Council’s Computer Science and Telecommunications Board published the report ‘Cryptography’s Role in Securing the Information Society’. This interagency study assesses the effect of cryptographic technologies on US national security, law enforcement, commercial and privacy interests, and reviews the impact of export controls on cryptographic technologies. This authoritative report provides a comprehensive review of the cryptography policy issues faced by the US Government.

C. Key recovery

As of mid-1998 a wide range of government, industry, and academic efforts toward specifying, prototyping, and standardising key recovery system that meet government specifications have been implemented. Some of industry’s efforts were stimulated by U.S. government policies that offer more favorable export treatment to companies that commit to designing key recovery features into the future products, and by U.K. government moves to link the licensing of certification authorities to the use of key recovery software.

Yet despite these incentives, and the intense interest and effort by research and development teams, neither industry nor government has yet produced a key recovery architecture that universally satisfies both the demands of government and the security and cost requirements of encryption users.

The commercial key recovery products in existence today do not reconcile the conflict between commercial requirements and government specifications. In the absence of government pressure, commercial key recovery features are by their nature of interest primarily to business operations willing to pay a significant premium to ensure continued access to stored data maintained only in applications of encryption (such as communication traffic) are known in advance not to require recoverability and therefore would not be designed to use a key recovery system.

Another problem is that the most secure and economical commercial key recovery do not support the real-time, third-party, covert access sought by governments in order to support surveillance. In particular, ‘self-escrow’ by an individual does not meet government access demands. The third-party nature and global reach implied by these government demands make key recovery systems a much more difficult, expensive, and risky proposition than a facility for internal, off-line recovery in business enterprise. For example, most organizations keep backups in the form of plain text on magnetic media in physically protected premises. Similarly, organizations that keep encrypted data might naturally be best served by storing backup keys in a bank safe deposit box. A requirement for near-real-time access would preclude this approach, however prudent or appropriate.

Any access-time requirement carries with it special risks. In particular, some sort of network technology will generally be required. Such a network, which must link a large number of law enforcement agencies with different key recovery centers, would be extraordinarily difficult to secure. The current attention in the U.S. on the problem of securing critical infrastructure, such as telephone networks, power grids, national banking networks and air traffic control systems, underscores the problem of managing risk in key recovery. The system that support critical infrastructure, which are increasingly reliant on open networks and information systems, are among the most important current and future applications of cryptography. The complexity and increased risk introduced with key recovery would make critical infrastructure protected by cryptography more vulnerable to the kinds of sophisticated attackers that pose the most serious threats to these systems.

Government specifications for key recovery systems for export approval are focused on the easier problem of ensuring that keys are recoverable when authorized. They do not address or give techniques for the far harder problem of ensuring against unauthorized disclosure of data. The design and construction of prototype key recovery systems that satisfy government specifications for export, therefore, are not sufficient to demonstrate that these systems can be operated securely, in an economical manner, on a large scale, or without introducing unacceptable new risks. Any assessment of a proposed system must take into account a broad range of design, implementation, operation, and policy considerations.

As of mid-1998, we are aware of no key recovery proposals that have undergone analysis of the kind required. On the other hand, as our report notes, there are compelling reasons to believe that, given the state of the art in cryptography and secure systems engineering, government-access key recovery is not compatible with large scale, economical, secure cryptography systems.

D. European Initiatives

DLM-FORUM — Electronic Records

The first multidisciplinary European DLM-Forum (DLM-Forum’96) on electronic records which took place in Brussels between the 18th and 20th December 1996 was a major event in the investigation of possibilities for wider co-operation in this area both between Member States and at Community level. It was initiated by the experts’ report Archives in the European Union (Report of the Group of Experts on the Coordination of Archives. Brussels – Luxembourg: OPOCE 1994) and confirmed by the EU-Council Conclusions of June 1994 (94/C 235/03).

Organised by the European Commission in close co-operation with the EU member states it hosted more than 300 experts and decision-makers from public administration, archives, industry (hard- and software suppliers) and research. The multidisciplinary approach and the aim to publish guidelines on machine readable data as a concrete result as well as the high quality of the presentations were the attractions that turned this inaugural event into a European forum of international interest in the field of electronic records administration and storage. Participants came from all the EU member states, from other European countries (including the Russian Federation and Poland), as well as from Canada and the USA.

First reviews that have been published by specialised journals are unanimously enthusiastic. The forum’s success owed a lot to the Programme Committee’s preparations and should also be attributed to the undivided and continuous support of the Irish and Dutch presidencies of the EU-Council.

The forum was opened by the Secretary General of the European Commission, David Williamson who emphasised that archives, including increasingly electronic documents, are our collective memory and how important it is to retain that memory and to insure that it remains accessible in the future. In their keynote addresses the Deputy Director General of the Directorate General for Science, Research and Development, Hendrik Tent and the Permanent Representative of Ireland to the European Union, H.E. Ambassador Denis O’Leary laid out the political and technical framework of the DLM-Forum’96. Mr Tent described the importance of the forum with respect to innovation in the digital era and the Commission’s approach towards this challenge. Mr O’Leary stressed the role of archives in our society and the citizens’ right of access to information. In his closing speech the Head of Commissioner Bangemann’s Cabinet, Paul Weissenberg, pointed to the importance of electronic archives in the European Union’s concept of the Information Society as set out in the Bangemann report and subsequent documents. He stressed the necessity of concrete measures as an immediate consequence to the DLM-Forum.

The ‘life-cycle’-concept of electronic records guided the three parallel sessions. Thus the speakers in those sessions reflected on electronic documents in the different phases of their administrative life. The multitude of topics ranged from discussions of norms and standards for data interchange to the presentation of new electronic storage material. Surveys on the ‘state of the art’ in Europe completed this first interdisciplinary approach to retaining the collective memory of the Information Society.

It was the balance between working sessions and spontaneous and informal discussions outside those sessions that produced a most agreeable working atmosphere in which experts’ debates led to the kind of mutual understanding and the establishment of personal ties and relations needed to solve problems that concern all the disciplines represented at the forum. Thus the catalyst effect, which was hoped for, was achieved: experts from industry and research became sensitive to the concerns of archives and administrations.

The forum will lead, as foreseen, to amendments to the first draft of multidisciplinary guidelines Best practices for using Machine Readable Data which had been distributed to the participants.

Furthermore a document for follow-up measures, the so-called ’10 points’, was agreed on by the participants. One major topic for follow-up activities is the establishment of national focal points to improve co-ordination and networking and to establish functional requirements for electronic records management in the public and private sectors. Another topic concerns the urge for establishing training programmes for archivists and administrators.

In a world of continuous and rapid change modern archives services are an element of continuity, stability and a solid base for essential information and indispensable records. Modern management in public and private institutions has to be dynamic, active and innovative, and above all has to cover the entire continuum of the life of documents. ‘The DLM-Forum’96 demonstrated that the issues posed by the preservation and re-use of electronic records are central not only to the work of archivists, but also form the cornerstone of future economic growth and development within the European Union.’ as Seamus Ross points out in his presentation. In short: the problem of preserving electronic records concerns even more people and areas than have been covered by the forum’s participants. Further activities should include among others legal advisors, system designers and application developers, auditors and insurance providers. Contacts with existing working groups (e.g. the European Commission’s Legal Advisory Board for the information market) have to be established or intensified. A first step to co-ordinate these activities is the installation of the DLM-Monitoring Committee in April 1997.

Promoting safe Use of Internet

To prevent illegal and harmful content being distributed on the Internet the European Commission is promoting initiatives which are aimed at increasing the general awareness among parents, teachers, public sector and the information industry about how to deal with the issue in practical terms.

This action accompanies the Green Paper on Protection of Minors and Human Dignity in Audiovisual and Information Services, the Communication on Illegal and Harmful Content on the Internet, and the Action plan on promoting safe use of the Internet.

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47. Ibid., p. 45.

48. Ibid., p. 48.

49. Ibid., p. 57

50. Ibid., p. 82.

51. Ibid., p. 276.

52. Ibid., p. 267.

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55. http://www.telegraph.co.uk .

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