David Anderson takes a Step In the Right Direction

With David Anderson’s report, we finally look like we may be moving in the right direction.

However, his solution to over-reach is aiming at the wrong target. Prior authorisation by his proposed new judicial body is really no more than a band-aid on the amputated limb.

The 2800 authorisations issued last year are enough to illustrate the limitation of “control by authorisation”

There is no way that serious consideration of the facts and arguments underpinning any relevant surveillance request can possibly be conducted, at that rate, by the small organisation implied by a Judicial Commission. In fact, as David Davies argued on Radio 4, it’s not credible that the Home Secretary, Theresa May, even with the resources of the Home Office, can give genuinely appropriate levels of attention to such requests at the rate of 7 a day. Especially on top of her day job.

Frankly, however, we shouldn’t really care who signs off the authorisation for any given task. All they need to authorise is that the new rules I’m about to propose are being followed to the letter. That, in short means that a new digital case file has been opened and that everything related to the case will be stored in that file and made available, on demand to the independent oversight body and/or political authorities.

What matters far more – and is absolutely vital to ensuring true democratic control of the State’s surveillance apparatus – is the complete and routine data-capture (to an immutable audit trail) of the entire surveillance decision-making process and subsequent implementation of those decisions. In other words, nobody should be watched more closely and comprehensively than the watchers themselves. Think helmet cams, body cams, discreet microphones, Smartphone and GPS location tracking, Google glass and a host of similar technologies. Think ubiquitous CCTV and Webcam coverage in all secure areas and offices.

These are the experts in surveillance. They know exactly how to ensure that everything they say and do, in the line of duty, is captured to that immutable audit trail. They know how to keep their own data safe and secure and available only to those who have legal authority to access it. (If they don’t, they have no business keeping ours) It would probably be cost neutral or slightly beneficial.

Most importantly it will facilitate precisely the democratic oversight which is needed to ensure that everything the authorities do is on the record (or is automatically a criminal offence) and available for review by whatever oversight body we determine is necessary to earn the Trust of the British People.

That body must have untrammelled authority to inspect ANY relevant data at ANY time from the moment of authorisation forward. Indeed, it must even have authority to conduct spot inspections of anything relevant to their oversight with the sole and reasonable limitation that they can watch but not impede an ongoing operation. They must also be allocated resources which permit independent and trusted expert evaluation of what they find.

The technology will allow them to rewind any operation and see for themselves what evidence justified the operation and whether the implementation of the operation was entirely necessary and proportionate. Note, I don’t even insist that it was “legal”.

What matters is that We The People would agree that it was justified. Not that a “here today gone tomorrow” politician – with a potentially hidden agenda – asserts that it was justified and demands that we trust them.

The oversight body would be empowered to disclose whatever they thought necessary to the British Public. We need to be completely confident that if they say the operation was clean and justified, but that the details need to remain secret, we would probably have agreed with them if we were in possession of all the facts.

By the same token, where they clearly uncover illicit behaviour, we must be equally confident that they are able to disclose everything we ought to know, however embarrassing for the State, that disclosure may be.

Personally I don’t trust unelected Authoritarians, even relatively tame ones like most Judges, to wield that disclosure against the elected Authoritarians and I would much prefer that Oversight body to take the form of a Standing Jury with a few dozen members selected randomly from a national pool of civic-minded volunteers.

I don’t think we should object if the Security services wanted to Vet those volunteers and weed out any that might be a threat to the necessary discipline and security that such a Jury would have to work under. But the Jury itself would be the final arbiter on any such exclusions from Jury Service.

Such an arrangement would render the process truly democratic.

We should, perhaps, have no objection to a tribunal of experienced judges being available to advise and guide the Jury on all points of law and precedent, but the Jury itself should be sovereign and make the final judgements.

With all that in place, you can perhaps see why we needn’t care so much about who authorises the actual operations.

Provided we can see, after the event, who was asked, why they were asked, why they agreed, what the consequences were and how it was handled, frankly I don’t give a give a damn what it is they actually authorise – up to and including the assassination of a fellow citizen – or even an attack on a wedding party in Pakistan. There are potential legitimate reasons for any of these activities.

But where the consequences are that extreme, nothing less than a Jury of our peers, taking an entirely uninhibited look, on our behalf, at what went on and why, will satisfy any rationally sceptical citizen that the decisions were reasonable and rationally based on reviewable evidence; or that the implementation of those decisions was carried out in the least destructive and damaging way possible in the circumstances.

To be blunt; how many of the USA Police brutality incidents we have been bombarded with for the past few decades would have survived that level of scrutiny? Or, to put it another way, how much of that brutality would we have eliminated, how many lives would we have saved, had they been under that level of scrutiny?

Yes, the American Police are a far easier target for our opprobrium than the British Security Services.
We’d rather like to keep it that way!

Heather Brooke’s Successful battle to expose political corruption

I concur…

Heather Brooke’s Homepage

Why We Fight (Eugene Jarecki)

depressing to find that this has just 5 “likes” on Stumbleupon and has only been viewed 80,125 times on youtube despite having been available, free, for over a year. This degree of apathy explains how they continue to get away with it. They are immune because “We The People” are indifferent. Sad, sad, sad…

The first major breach in the Police State?

The American Judicial System might be about to demonstrate that it isn’t completely broken. A Federal Judge has just had the balls to speak Truth to Power. A major plank of the USA PATRIOT Act has just been struck down and ruled unconstitutional. Which bit? The totalitarian rule they made to protect themselves from public scrutiny; the bit which gives the FBI and other security related organs of the State, the right to issue “National Security Letters” (NSLs). Yeah, that bit.

(In passing, why did I spot this first on The Register? This is historic news the mainstream media should be bleating from the rooftops. Just did a google for [“national security letters” unconstitutional] and the only “mainstream” entity on the first result page was this Fox News coverage! Who said the Americans don’t do irony?)

You tend to get one or more of these letters if you run any decent sized organisation in the United States. They are unethical, illicit and intrusive demands for information about a citizen; ostensibly on the grounds that there is good reason to believe that the citizen may be pursuing some kind of activity of which We disapprove. Oh, and if you ever get one of these letters, you’re not allowed to tell the “target” citizen, or anyone else, ever.

“We”, they would like us to believe, being “We The People”.

And if the relevant activities being enquired about were exclusively those which aided or abetted military attacks (from any source) on civilians (in any location) there is no doubt that We The People would approve of such well targeted surveillance and would expect to see evidence for this focussed diligence on our behalf in the form of steadily diminishing military attack on civilians. At the risk of stating the bleedin’ obvious, we do not see any such evidence.

What we see are increasingly widespread brutal paranoia among governments. You can create your own league table but China and the USA are both Premier League teams, converging on the same level of pseudo-liberty. We are all gradually being pulled back towards Roman Law.

Wot that?

Roman Law is the historical precedent and basis of so-called “Civil Law” under which it is held that Laws don’t exist unless explicitly created by the Civil Authority. In contrast, UKUSA law is based on the “Common Law” tradition where we make it up as we go along. Neither is perfect, obviously. But the notion that Law doesn’t exist until a properly constituted authority creates it might look eminently sensible. But its real meaning, or at least interpretation by the relevant Civil Authorities, has always been sinisterly nuanced.

Rule One was that, as a citizen, you are obliged to act, at all times, within the law. The absence of a law did not, as you might naively expect, confer liberty. By definition, if you were acting in some way not already described by the law, you could not possibly be acting within it and were, therefore, in breach of Rule One.

This elegant totalitarian concept – that ALL action is forbidden unless I Caesar permit it – is beautifully efficient as a control mechanism. It means you can arrest and prosecute citizens on a whim. Virtually every second of the day you are bound to be doing something I Caesar have not explicitly permitted. For example, I didn’t give you permission to think what you just thought.

Roman Law hasn’t died out. It’s been kind of absorbed and blended with the less authoritarian, but often equally arbitrary, Common Law tradition that we “enjoy” in UKUSA. That’s supposed to mean that unless behaviour is explicitly forbidden by the Civil Authority, then it’s permitted.

Problem with that – if you’re a Civil Authoritarian with Totalitarian tendencies – is that too many damn citizens want to do too many things that I Caesar (elect) disapprove. They want to enjoy themselves, for example, in all sorts of ways that we can’t possibly permit. Buggers want sex all the time. Not to mention Drugs and Rock And Roll. Some of them even want to undermine our right to rule! Which is why we’ve been obliged to create this massive list of prohibited behaviours.

How they get away with it is the interesting bit. Chances are you wouldn’t be reading this if you weren’t already familiar with much of the explanation for that so I’m not going to teach you to suck eggs. But on the off-chance that these thoughts are new to you, you could do worse that starting with the Manufacturing of Consent.
No, I’m afraid it’s not an exciting video, just informative.

We The People will, of course, endorse a certain number of Prohibitions. Who doesn’t agree with the prohibition of Murder? Rape? Violence against the Person? Theft? Fraud? and a few other obviously antisocial activities we all wish to abolish. Deliberate or negligent harm to a third-party, without their informed and freely given consent, is universally recognised as criminal.

All other prohibitions are steps towards Roman Law. The more they can get away with forbidding, the greater their chances of arresting you on a whim. The greater the chance that you will have been doing something explicitly illegal sometime in the immediate past or present.

This will become especially relevant when they start including Thought Crime – which they are increasingly nudging towards both here in the UK and, of course, over there in the USA. It is, of course, long-established tradition in China and a few other places.

After all, what human has never contemplated an illegal act? Most admit to having at least wanted to murder at least one other person at least once in their lives. Reckon I’m up to a couple of hundred myself. Including a large number of senior American and one or two senior British Politicians.

I guarantee there are people employed to look out for sentences like the two previous; and to make some kind of judgement as to whether such sentiments constitute a “Terrorist Threat”. And I guarantee some of them will conclude that it does. They’re the sort of people who send out NSL letters. (or spend four weeks looking for the author of a Facebook quip about wanting to “Egg Cameron” [added 25/3/2013])

They, at least, will see this legal judgement as marking a very sad day for their cause.

For the rest of us, it’s high fives all round…

One Law For The Rich

The sheer brazen effrontery of this corruption is breathtaking. Not just the banks’ corruption (15 years – in the case of HSBC – of criminal money laundering for drug cartels and terrorist groups) but the State corruption in the form of the decision that banks like HSBC are “too big to prosecute”. Oh, and don’t forget to ask yourself the routine question: why are you having to watch this on The Real News rather than mainstream media?

Few, if any, events in recorded history have so clearly illustrated not just the gap between the elite rich and the rest of us, but even the illegitimate means by which they are permitted and even helped to maintain their illicit advantages over civil society.

ANY criminal prosecuted, from now on, in any country where trial by jury is the norm, should now argue – direct to the jury – that whatever crime they are accused of cannot possibly be as serious as what the banks have been allowed to get away with for decades and that, if the banks can be let off with a token fine (less than a day’s profit), there can be no ethical case for any lesser prosecutions. Judges and prosecutors will, of course, try to resist that argument, but let’s see what the Juries decide…

Israel Lobbyist in US: We Need a False Flag to Start War with Iran (youtube)


We’ve seen extraditions to the US for less than this. So how is this legal? Thanks to ScrabbleEddie for sending me to this blogger who provides a bit of background…

Hillsborough: Why Conspiracy Theories Thrive

So now we KNOW the truth. Up until today, it was just another conspiracy theory. Think about that…
And then address the question of how we might determine which of the other million or so conspiracy theories floating around the web are also entirely (or at least mostly) true.

I’ll expand on this later. (he threatened…)