Posts Tagged ‘Snooper’s Charter’

Vox Political: Snoopers’ Charter Allows State to Lie When Evidence Gather through Spying

December 7, 2016

I’ve also written several pieces over the past few days talking about the slow death of democracy and freedom in America. Obama has taken over and made permanent all the infringements on Americans’ constitutional freedoms set up by George Dubya Bush, the Democrats and corporate media have taken to smearing leading left-wing journos and website as disseminators of Russian propaganda, and a Conservative student group is compiling a black list of left-wing college professors.

But civil liberties and the rule of law are also under attack here as well. Tony Blair also tried to set up secret courts in Britain when he was prime minister. David Cameron and Nick Clegg also passed legislation establishing them, and expanding the powers of the British surveillance state. Theresa May is determined to do the same with her Investigatory Powers Bill.

Mike today has put up a piece commenting on the way the May’s ‘Snoopers’ Charter’ demands that the prosecution lie in court to avoid revealing that the evidence has been gathered through spying. Section 56 of her wretched Act makes it an offence not only to reveal that the evidence was obtained by lying, but also that spying is, was and/or will be going on. This includes a clause meaning that the legislation also acts retrospectively. In other words, you can be charged and convicted of doing this before this pernicious piece of legislation was ever passed.

This means that the state can lie to secure a conviction. And there seems to be little way to defend against it. Mike has suggested that there is a possible way out, if the defence can show that the evidence could not have obtained it in the normal ways, but crucially does not state that it was obtained through spying. But Mike states that this is no more than a suggestion, and asks his readers for their opinions.

See: http://voxpoliticalonline.com/2016/12/07/if-the-snoopers-charter-allows-the-state-to-lie-in-court-how-can-the-innocent-foil-it/

The whole issue of secret courts is profoundly anti-democratic and a real and present danger to civil liberties. Under the legislation introduced by the Conservatives and their Lib-Dem enablers, Cameron and Clegg, a court case may be held in secret if a public trial is believed to constitute a threat to national security. The accused may not see the evidence against them, nor the identity of their accuser, again, all to safeguard ‘national security’. Now you may not even be told that you have been spied on.

I’ve pointed out before that this is exactly like the judicial system set up by the totalitarian states of Nazi Germany and Stalinist Russia, and also Saddam Hussein’s Iraq. The Iraqi legal system contained a series of secret clauses, whose disclosure to the public was a crime. Thus someone under Saddam’s regime could be charged with a series of offences he was not aware he had committed, and could not legally be made aware.

Franz Kafka, the great Czech writer, described all this in his novels The Trial and The Castle. These are about people hauled through convoluted court proceedings, tried and executed, without being told what crime they have committed or indeed anything much about the supposed offence. These are praised by the connoisseurs of great literature and historians, because they prophesy the gross miscarriages of justice at the heart of the totalitarian regimes of the 20th century. I think Kafka was probably less serious about his novels’ intentions. If I remember correctly, he had been a clerk for an insurance company, handling sickness claims, and his books are satires on convoluted bureaucracy. I think he even described them as long jokes. But dry, and ironic in style of the Middle European sense of humour.

But there is nothing remotely funny or joking about this piece of legislation. This is the corporate establishment using brutally authoritarian methods to hang on to its power and suppress dissent. All the while telling us that it’s all for our own good, because of the threat of Islamist terrorism. After politicians like Theresa May, Cameron and Clegg have finished, I shall be surprised if we have any freedom left for ISIS or al-Qaeda to destroy.

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Cassetteboi Versus the Investigative Powers Bill

April 30, 2016

More fun with a very serious point from Cassetteboi again. In this video, they poke fun at David Cameron’s and Theresa May’s Snooper’s Charter to expand massively the powers of the surveillance state. May and Cameron are made to rap about how they’ll take every piece of information they can, even from your mobile phones, and corporate, social security and hospital records, all to the tune of Sting’s ‘I’ll Be Watching You’. At one point May says that if you sign an internet petition, you can expect the Spanish inquisition. At the end there is a serious written message urging the viewer to take a minute to support Privacy International in their campaign to stop this further erosion of our privacy and freedom.

Vox Political on the Questionable Effectiveness of Privacy Safeguards In the Government’s Snooper’s Charter

March 1, 2016

This is another very interesting and telling piece from Mike over at Vox Political. The government has promised to tighten up the provisions to safeguard privacy in its act giving the intelligence services greater powers to intercept and store personal information from the internet, according to BBC News. It’s been described, rightly, as a ‘snooper’s charter’. It’s been on the table for months, along with cosy reassurances from the government that everything will be fine and this is nothing to worry about. It’s rubbish. Clearly, this is a threat to the liberty and privacy of British subjects. Once upon a time the intelligence services had to take a warrant out from the British government in order to tap phones. This piece of legislation gives them free warrant – or freer warrant – as an increasing amount of legislation over the years has gradually extended their ability to tap just about everyone’s electronic communications. This is dangerous, as it effectively makes everyone automatically suspect, even if they have done nothing wrong.

A week or so ago I posted up a piece I found in William Blum’s Anti-Empire Report, about the way the EU a few years ago condemned Britain and the US for spying on EU citizens. The European authorities were, at least at that time, particularly concerned about the way the US was using intercepted information for corporate, industrial espionage, not to counter any terrorist threat. So there’s a real danger that the British authorities will do the same. A long time ago, in that brief, blissful gap between the Fall of Communism and the War and Terror, the spooks at MI5 and MI6 really didn’t know what to do. The old Soviet Communist threat had evaporated, dissident Republican groups were still around, but Sinn Fein was at the negotiating table and there was a cease fare. And Osama bin Laden had yet to destroy the World Trade Centre and try to kill the president. Prospects looked bleak for Britain’s spies. It looked like there might be cutbacks, job losses. George Smiley, James Bond and the others might be faced with going down the jobcentre. So the intelligence agencies announced that they were going into industrial espionage. Lobster covered this revolting development, with appropriate boastful quote from the agencies concerned. So, if you’re a struggling businessman somewhere in Britain and the EU, with little capital but some cracking ideas, be afraid. Be very afraid. Because this bill will result in the Americans stealing your idea. Blum gave the example of a couple of German and French firms, include a wind-power company, who found their secrets passed on to their American rivals.

Mike also adds an interesting piece comparing the supine attitude of our own legislature to that of South Korea. The opposition there has been engaged in a week-long filibuster to talk their electronic surveillance bill out of parliament, to deny it any votes and any validity whatsoever. Bravo to them! Now if there’s a country that has rather more need of such a bill, it’s South Korea. They are bordered on the north with a totalitarian state that has absolutely no respect for the lives of its people, and which makes terrible threats of military action backed by nuclear warfare. It is run by a bloodthirsty dictator, who has killed members of his own family with extreme overkill. Really. He shot one of his generals to pieces with an anti-aircraft gun.

I got the impression that South Korea is like Japan. It’s an extremely capitalist society with the Asian work ethic. And it is extremely anti-Communist. I can remember being told by an spokesman for the Unification Church, who came into speak to us in the RE course at College, that the anti-Communist parts of Sun Myung Moon’s creed were nothing special, and were part of the general anti-Communist culture of South Korea. I honestly don’t know whether this is true, or whether it was then – this was the 1980s – and isn’t now. But clearly, the South Korean have very good reasons to be suspicious of espionage for their northern neighbours.

But their equivalent of this law is too much for them. And it should also be for us, if we genuinely value our privacy and civil liberties. But I’m starting to ponder whether we truly do. John Kampfner in his book ‘Freedom for Sale’ describes in depth the way Tony Bliar and Broon massively expanded the intelligence gathering powers of the authorities in this country, transforming it into something very like Orwell’s 1984. I kid you not. One local authority affixed loudspeakers to the CCTV cameras on particular estates, so they could order you around as well as keep you under surveillance. Pretty much like the all-pervasive televisions in Orwell’s Oceania. Kampfner also called into question the supposed traditional British love of freedom. He argued that it was actually much less than we really wanted to believe. Blair and Broon made no secret of what they were doing, and the British public in general bought it. Partly spurred on by the hysterics of the populist press, with Paul Dacre, Murdoch and the like demanding greater and more intrusive police powers to fight crime and terrorism.

Even Niall Ferguson, the right-wing historian and columnist, was shocked at how far this process went. In the 1990s he went on a tour of China. When he came back, he was shocked by the ubiquitous presence of the CCTV cameras. Alan Moore, the creator of the classic dystopian comic and graphic novel, V for Vendetta, said in an interview that when he wrote the strip in the British anthology comic, Warrior, back in the 1980s, he put in CCTV cameras on street corners, thinking that it would really frighten people. Now, he observed, they were everywhere.

I’m very much afraid that everywhere we are losing our liberties, our rights to freedom of conscience and assembly. That they’re being stripped from by a corporatist elite in the name of protecting us from terrorism, but which is really a fa├žade for a military-industrial complex determined to control, and control absolutely and minutely. And what makes the blood really run cold is the sheer apathy of the great British public to this process.

I’ve been mocking Alex Jones of the conspiracy internet site and programme, Infowars the past couple of days, putting up pieces of some of his weird and nonsensical ranting. Jones is wrong in so much of what he says. He’s a libertarian, looking in the wrong direction for the threat to freedom. But fundamentally, he has a point. There is a campaign from the corporate elite to strip us of our freedoms. And our leaders – in the parliament, the press and the media, seem quite content to do little about it.

Vox Political: Parliament Votes to Keep MPs’ Arrests Secret

February 11, 2016

Kingdoms without justice are just giant robberies

– St. Augustine, City of God.

Only yesterday I was writing about how British politics was increasingly coming to resemble that of Richard Nixon. Now here’s even more proof. Mike over at Vox Political has this story about parliament’s vote to keep secret the names of MPs, who have been arrested. This was pushed through by Chris Grayling, the unjust justice secretary, and the debate lasted only an hour. It passed almost unanimously. Only one person voted against. http://voxpoliticalonline.com/2016/02/11/parliament-votes-to-keep-mps-arrests-secret-from-the-public-and-just-one-member-voted-against/

Mike in his comments points out that this is a case of one rule for you, another for us, as the Tories’ proposed human rights act will end such privacy for the rest of us.

This is a piece of legislation that would have shamed Nixon or Berlusconi. Remember Berlo? He was mired in corruption scandals, but managed to keep one step ahead of prosecution by passing retrospective legislation either stating that no crime had taken place, or pardoning himself, or else delaying it until the opportunity to prosecute expired under Italy’s statute of limitations. He was a walking indictment of the endemic corruption in Italian politics. He was so flagrant, especially in his ‘bunga-bunga’ orgies, that he became something of a joke. Private Eye sent him up in its pages as The Robber Baron, parodying his regime as a comic opera. Oh, our Italian cousins!

Well, Tessa Jowell’s husband, David Mills, was one of the old filofascisto’s lawyers, and British politics has now joined his in turning into a sewer.

It’s also another monstrous piece of double standards. One of my friends on a postgraduate archaeology course was a retired social worker. I bumped into him a few years ago on the train, when he was coming back from a conference in Birmingham. It had been called by one of the New Labour ministers. New Labour were considering passing legislation to inform the public of the criminal records of people in their area. Now there are strong arguments for doing this when it involves violent offenders against women and children. Such as child molesters and men with a history of violence against women. The argument here is that if women were informed about their partner’s history of violence, this might prevent the terrifying numbers of women, who are killed every year from domestic violence. This suggested legislation went far beyond this. And it really frightened my friend.

People were to be informed of every crime an individual had committed. My friend was horrified, as this does lead to vigilante persecution. He talked of having to deal with incidents where stones had been thrown through children’s windows. But this idea was being seriously considered by New Labour, despite objections from professionals like himself. I think the social workers must have prevailed, however, because the legislation didn’t go through. But it does show the populism and authoritarianism of British politicians in the first decade of the 21st century.

Well, that went, but David Cameron still has his snooper’s charter. He wants to expand the powers of the secret state to spy on its citizens massively, with precious legal restraints. While obviously, the politicians themselves are exempt from such scrutiny by the public they are supposed to serve. This is a recipe for massive injustice and corruption. And only one person voted against.