It's not often that top spooks emerge from the shadows, and on those rare occasions
when they do, they tend to choose their
words very, very carefully. That's why we need to be just as careful when we
examine what they say.
This week's speech by the director-general
of MI5, Andrew Parker, was a text-book example, in which he described as
"utter nonsense" the suggestion that security services "monitor
everyone and all their communications”. It was, you may think, a clear swipe at
the US National Security Agency whistleblower Edward Snowden and The Guardian, which has been publishing
his disclosures over the past several weeks, and which yesterday was described
by the Daily Mail as "The paper
that helps Britain's enemies."
But hang on a minute. At the centre of the
mass of material that has emerged is not the allegation that the security
people are monitoring everyone -- which would be patently absurd -- but that
they have the capability to monitor anyone. It's not the same thing at all, as
Mr Parker knows full well. He is, as you would expect, a master of the
"non-denial denial", in other words, he is categorically denying
something that hasn't been alleged.
Let's pretend this discussion was taking
place in a pre-internet world. Out of the woodwork comes a security service
insider who tells us that MI5 have entered into a secret agreement with all the
country's major key manufacturers that enables them to open the front door of
any house in the land, to enter any home, and to rifle through any filing cabinet
and desk drawer. No search warrant required, no oversight in place.
Fine, you may say, be my guest. If they
want to rummage through my underwear drawer, go ahead. I have nothing to hide,
and nothing to fear. That's pretty much what many people have said on learning
that US and UK security agencies have exactly that kind of access to our online
world.
But now suppose you start a campaign to
stop someone developing a fracking plant at the end of your garden, or a wind
turbine farm on a nearby hill. You send out a few emails to your neighbours,
discuss protest demonstrations, perhaps someone even suggests some direct
action: sitting in the road in front of the mining company's diggers, maybe, or
cutting through a security fence to plaster posters all over the site of the
proposed development.
One morning, at 6am, there's a knock at
your door. The police are there, armed with a huge fat file containing every
single email you've sent over the past six months, all the emails you've
received, all the books you've bought online and every Google search you've
made. Come with us and answer a
few questions, they say, or we may have to tell your partner about this online
dating site you've registered with, looking for … well, you can fill in the
details.
Fanciful? Not at all. Ask the environmental
campaigners who were spied on for several years by undercover police officers
(some of whom even fathered children with the women they were spying on), or
the supporters of the family of Stephen Laurence who found they too were being
spied on. Nasty things tend to happen in the dark, when no one is looking --
and that's why it's so crucial that we have some honesty about what exactly the
security agencies are able to do and under what kind of authority they operate.
I don't expect them to tell us every time
they tap into the email account of a suspected jihadi bomber. I really don't need to know which websites they're
monitoring, or which Google search terms set alarm bells ringing at GCHQ. What
I do need to know is that someone, somewhere, outside the security bubble, does
know, and has authorised the surveillance. In theory, that's what is meant to
happen now. In practice, well, let's say there's room for doubt …
We also need to know that the spooks aren't
lying to us. There is, unfortunately, good reason to suppose that the NSA in
Washington has not been entirely honest, even with members of Congress, when
discussing what sort of surveillance capacity it has built up. We know from
experience, alas, that if spies are allowed to operate without effective
supervision, they do have a habit of going quite a lot further than might be
considered appropriate in a society that professes to value freedom of
expression and the right to privacy.
So here are a couple of suggestions for
MI5's Mr Parker. First stop playing games with your non-denial denials. There's
a serious debate to be had, and you need to be part of it.
Second, in the face of calls for greater
oversight of what you and your colleagues at GCHQ are up to, tell us what kind
of supervision you'd regard as acceptable. If the police need to apply to a
magistrate for a search warrant before they start rummaging through my files,
what would you regard as an appropriate equivalent safeguard?
It is mildly encouraging -- let's not get
too excited -- that both David Cameron and Nick Clegg acknowledged yesterday
that there may be a case for re-examining the safeguards that are in place at
present. The prime minister said: "If people want to suggest improvements
about how [the security agencies] are governed and looked after, I am happy to
listen to those."
The concerns that have been expressed since
Edward Snowden started shovelling out his secrets don't come just from pesky
journalists poking their noses into matters best left to the security services.
(And it's not just pesky journalists from The
Guardian, either, as evidenced by the impressive number of statements
published today from editors around the world who are backing its reporting of
the Snowden material.)
In addition, such luminaries as Tom King,
the former Conservative chairman of the parliamentary intelligence and security
committee, the former director of GCHQ, Sir
David Omand, and a former director general of MI5, Dame Stella Rimington, have
all added their voices to those questioning whether it's time to tighten up the
controls and allow a little more daylight into the world of the spooks.
On the other hand, today's Times (£) quotes Sir
David Omand as saying that the Snowden disclosures are "the most
catastrophic loss to British intelligence ever, much worse than Burgess and
MacLean in the 1950s." (I suspect, though, that The Guardian's editor, Alan Rusbridger, may have had a point when
he suggested a couple of days ago: "You would have to be a terrorist who
didn’t know how to tie his shoelaces not to believe that people were watching
things on the internet and scooping up telephone calls.")
Andrew Parker said in his speech on Tuesday
that the ability of GCHQ to intercept the voice and internet traffic of
terrorists is “vital to the safety of the country and its citizens”. He's
absolutely right, and it is in the nature of his business that we will never
know -- we can never know -- how many attacks such surveillance may have
prevented.
What we need to know, and what we have
every right to know, is that MI5 and their chums are being properly watched and
supervised. Oh yes, and that they don't lie to their political masters -- or to
us -- about what they're up to.
2 comments:
"Out of the woodwork comes a security service insider who tells us that MI5 have entered into a secret agreement with all the country's major key manufacturers that enables them to open the front door of any house in the land, to enter any home, and to rifle through any filing cabinet and desk drawer. No search warrant required, no oversight in place. "
That's not the correct analogy at all, any more than in the post-internet world the security services have a master key to go snooping in people's homes. The right analogy is that in the pre-internet world, the security services had the capability to tap anyone's phone or to open any letter passing through the post.
I am here to tell you that that was the case in the pre-internet world and most people were quite fine with it, and the same with the arrangements of today.
I always find that people who have no problems about the power of the State and its ability to intrude into their private lives are naive and ignorant.
It only takes you to be in the wrong place at the wrong time.
In some situations people are just fulfilling their democratic rights as Robin outlined. Moreover, I remember many moons ago chatting to Labour Party members in Aldershot, it was well known that the PPC for the party had his phoned tapped. He was not 'quite fine with it' I recall.
Until the State has had you under surveillance, or has reasons to, you cannot say 'people were quite fine with it'.
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