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News Whistleblowing

UN Rapporteur calls for whistleblower and source protections in new report

The UN special rapporteur on freedom of expression, David Kaye, has released a new report in which says “sources of information and whistle-blowers” “deserve the strongest protection in law and in practice” and outlines a framework for their protection. Earlier this year, Kaye issued a report on encryption and surveillance, which he called “the first attempt to create a legal framework for digital security.”

In the new report, Kaye writes,

“A common thread ties together the right of access to information, the protection of sources of information and the protection of whistle-blowers: the public’s right to know. Basic protections [in these areas] are critical to an effective right to freedom of expression, accountability and democratic governance.”

Kaye outlines what’s needed for dissemination of information to the public: “a person with knowledge who is willing and able to shed light on what is hidden; a communicator or a communication platform to disseminate that information; and a legal system and political culture that effectively protect both.”

The International Press Institute, which gathered experts from around the world to consult with Kaye, lists the rapporteur’s ‘Key Recommendations for States on Improving Protection for Sources and Whistle-Blowers’

  • Ensure national legal frameworks provide for the right of access to information in accordance with international standards. Any exceptions to disclosure should be narrowly defined and clearly provided by law.
  • Adopt or revise and implement national laws protecting the confidentiality of sources. Confidentiality must apply beyond professional journalists – protection should be based on function, not a formal title.
  • Adopt or revise and implement national legal frameworks protecting whistle-blowers. Protection should be provided to any person who discloses information that he or she reasonably believes, at the time of disclosure, to be true and to constitute a threat or harm to a specified public interest.
  • Internal institutional and external oversight mechanisms should provide effective and protective channels for whistle-blowers to motivate remedial action
  • Protections against retaliation should apply in all public institutions, including those connected to national security.
  • Establish personal liability for those who retaliate against sources and whistle-blowers.
  • Actively promote respect for the right of access to information.

The report will be presented to the UN General Assembly on 22 October.

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Courage News News

Sarah Harrison’s acceptance speech for the Willy Brandt Prize for political courage

19th October 2015

Ladies and Gentlemen. It is a honour to be here today to accept the Willy Brant Award for Political Courage for my work with WikiLeaks, in getting Edward Snowden asylum, and for my political statements – many of which have called for Germany’s protection of Edward Snowden and my Editor Julian Assange.

I do not do this work alone however – there are of course others that I work with behind the scenes – our researchers, art and design team, journalist and legal teams, and our dedicated technical team. The successes you honour me with today would not be possible alone and I share this award with them.

I apologise that I am speaking to you in English today. After the welcome and protection I have received here in Berlin it is embarrassing that my German is still too wildly poor to give this speech in your great language. But I thank this city, and particularly the many individuals who have personally assisted me in settling here, for your kindness and support. As I do my parents, who join me here today. Without the unwavering support of my family I wouldn’t have been able to build the strength needed to do this work.

Like me Willy Brandt worked as a journalist, unable to go home, for a number of years. Escaping the Nazis Brandt worked as a journalist in exile before finally returning to Germany and entering politics here. Whilst I have no plans to enter politics, I am a journalist at WikiLeaks who, due to legal advice regarding the UK’s misuse of the terrorism act, has been advised not to go home.

My country, the UK, like others around the world at the moment are using the term “national security” incorrectly as fearmongering in an attempt to justify their stripping us of our rights. Despite the proof that it does nothing to the real, or the more prevalent imagined, threat of terrorism the UK, and other states around the world are spying on their own citizens, violating numerous human rights.

– It’s under the guise of national security that the UK started a terrorism investigation in the wake of the Snowden revelations, that puts into question my legal safety and protections as a journalist.
– It’s under the guise of national security that the UK stopped David Miranda as he undertook journalistic work via the UK, denying him his right to silence and journalistic freedoms and protections.
– It is under the guise of national security that the UK introduced law that has permitted them to detain Julian Assange for over five years without charge.
– It’s under the guise of national security the UK government bullied the Guardian newspaper into destroying journalistic material, violating media protections.
– It is under the guise of national security that the UK is planning to scrap the Human Rights Act.
– Its under the guise of national security that the UK, and other states, including Germany, work with a foreign government to spy on their own citizens.

Of course, as the Snowden revelations and WikiLeaks publications, made in collaboration with Der Spiegel and Suddeutsche Zeitung confirm, the surveillance system of the United States is the most abusive and pervasive. They spy not only on their own citizens, but the whole world, including almost every member of the German public, pretty much every member of the SPD, and the German government all the way up to Chancellor Merkel. Specific proof of this intense targetting, including evidence of the spying on Chancellor Merkel, Gerhard Schröder and William Khol, was published just a few months ago by WikiLeaks.

I was heartened when I first arrived in Germany, and not just as I was finally able to eat more than Burger King – I tell you, Bavarian white sausage never looked so good! But, the weekend I arrived Der Spiegel carried the headline “Asylum for Snowden”. I saw, and still see everywhere, stickers, posters and demonstrations with this same call. The first parliamentary inquiry into mass surveillance was begun in the wake of Snowden’s revelations.

However, there is still much lacking. The government including many SPD members of parliament have appeared to do all they can to block the possibility for Snowden to testify safely here, protected in Germany.

I have followed laws being pushed through, voted for almost unanimously by the SPD, that are a direct blow to the work of WikiLeaks and Snowden; an attempt to illegalise WikiLeaks’ work for transparency and democracy through the publication of official secrets, and to legalise the storing of telecommunication-meta-data.

Though the inquiry proceeds it is still surrounded by secrecy. In fact it has predominantly been because of Netzpolitik and WikiLeaks that the German public have had much ability to access documents and many details of this supposedly transparent and democratic oversight process.

Despite WikiLeaks’ more recent NSA publications of US selectors to spy on Germans, the BND is still being allowed by the German government to work more for the NSA than their own people by denying the inquiry committee access to their selector list.

Obama’s overtures to Merkel seem to have worked.

Today, 54 years later, I suggest it is time for the SPD to repeat Brandt’s words from 1961, when he said to President Kennedy, in another serious challenge to democracy: “Berlin expects more than words. It expects political action.”

And I have certainly heard that sentiment echoed around me whilst I have been living here for the last two years.

I have repeatedly seen people’s calls for Julian Assange and Edward Snowden to be given protection to come to Germany safely, testify and claim asylum. Their work to expose mass surveillance and promote transparent and democtratic governments should be rewarded.

Political action to protect Assange.
Political action to protect Snowden.
Political action to protect Germany from US spying.

Yet currently Julian Assange the editor who has fought so hard for many years for our right to know, allowing many around the world to start to get justice, providing us all with greater transparency of governments and corporations by bravely publishing, has been trapped by the UK in one embassy, detained without charge for 5 years, under constant overt and covert surveillance, denied the right to claim his asylum, denied the right to medical treatment, whilst he faces lack of due process and the largest investigation into a publisher ever, abandoned by his country, unsupported by Europe.

Edward Snowden the whistleblower who revealed to us all how we are being spied on by the US and UK is protected only by Russia where he has asylum after assistance by WikiLeaks, from what history shows us, will clearly be an unfair trial by the US government.

These men should be protected and freed. For the country willing to do so, it will mean having to stand up to the US to defend human rights and the rule of law. I ask that that country be Germany. As Brandt said: “Wir wollen mehr Demokratie wagen” – “Let’s dare more democracy”.

I am very pleased that today by awarding me for my work with WikiLeaks for Julian Assange and in getting Edward Snowden asylum, the SPD are showing a good step in once more following the path of Brandt in promoting and standing for our rights, democracy, security and the right to asylum.

Willy Brandt spent a number of years as a political refugee, even forced to change his name for his security.

This award is for those that have been forced into becoming refugees because of their political actions on behalf of us all, and their work for our right to know. And for all those brave whistleblowers and activists that have yet to come forward – but we have seen they will – courage is contagious.

And this is especially for WikiLeaks publisher Julian Assange who, unlike Willy Brandt, has his right to asylum being denied – being blocked by a police siege for the last three years. I hope this award is the first step in more proactive and decisive moves to protect and fight for those truthtellers that are honoured via me today.

Thank you.

Categories
Daniel Hale News Whistleblowing

Drone whistleblower documents give new details on US assassinations

The Intercept has published an eight-part series on the United States’ use of drones to carry out assassinations based on documents provided by an intelligence community whistleblower. Jeremy Scahill writes that the organisation obtained a “cache of secret slides that provides a window into the inner workings of the US military’s kill/capture operations at a key time in the evolution of the drone wars — between 2011 and 2013.” The piece includes many revelations and details about the US’s so-called “targeted killing” programme, including the fact that, “During one five-month period of the operation, according to the documents, nearly 90 percent of the people killed in airstrikes were not the intended targets.”

Speculation regarding a post-Snowden leaker has endured for more than a year, with Laura Poitras’ 2014 film CITIZENFOUR confirming that a source was providing documents regarding the Obama Administration’s drone program, but it’s unclear if this source is the same.

The Intercept’s source is a whistleblower who should be lauded for his efforts to make the public aware of the government’s secret abuse of power. As Scahill relates:

The source said he decided to provide these documents to The Intercept because he believes the public has a right to understand the process by which people are placed on kill lists and ultimately assassinated on orders from the highest echelons of the U.S. government. “This outrageous explosion of watchlisting — of monitoring people and racking and stacking them on lists, assigning them numbers, assigning them ‘baseball cards,’ assigning them death sentences without notice, on a worldwide battlefield — it was, from the very first instance, wrong,” the source said.

This whistleblower should be protected and celebrated as a conscientious contributor to the public record.

In response to the Intercept’s series, the ACLU’s National Security Project director Hina Shamsi said, “These eye-opening disclosures make a mockery of U.S. government claims that its lethal force operations are based on reliable intelligence and limited to lawful targets.”

Amnesty International demands that Congress launch an “urgent inquiry into Obama’s drone use.”

See the Intercept’s full series here.

Categories
News

European Court of Justice rules data sharing agreement with US illegal

Categories
Edward Snowden News

Snowden Treaty proposed to oppose global spying

1pm EST, 24 September 2015, NYC

Glenn Greenwald, Edward Snowden, Laura Poitras, and Greenwald’s partner David Miranda have together drafted a ‘Snowden Treaty,’ “a proposed treaty that would curtail mass surveillance and protect the rights of whistleblowers.”

At SnowdenTreaty.org, the drafters explain that the worldwide mass surveillance that Snowden exposed have made clear the need for international protections:

This breach of millions of people’s privacy is in direct contravention of international human right law. In particular, the right to privacy is enshrined it Article 12 of the Universal Declaration of Human Rights, and Article 17 of the International Convention on Civil and Political Rights.

Protecting the right to privacy is vital not just in itself but because it is essential requirement for exercise of freedom of opinion and expression, the most fundamental pillars of democracy.

They further lay out three demands:

  • We demand for privacy on the internet.
  • We demand that the government grant us the right to privacy in our homes.
  • We demand that the government protect our personal privacy online.

The treaty will be announced at a press conference on 24 September 2015, at ThoughtWorks Office, 99 Madison Avenue, 2nd Floor, at 1pm EST. Supporters are tweeting about the proposal with #SnowdenTreaty and #PrivacyMatters. Noam Chomsky, Oliver Stone, and John Cusack have already signed on in support.

Courage will tweet the day’s events and continue to report on the treaty’s developments.

Update

Edward Snowden, Glenn Greenwald and David Miranda have discussed the Treaty in an appearance on Democracy Now. Video follows below and a full transcript is also available.

Categories
Courage News News

German SPD honours Sarah Harrison with International Willy Brandt Prize

Germany’s major centre-left political party SPD has chosen to honour the Courage Foundation’s Acting Director Sarah Harrison with the International Willy Brandt Prize for ‘special political courage’, Der Speigel reports.

The SPD says Harrison “exemplifies the pursuit of transparency and its use against escalating surveillance. Sarah Harrison has with her commitment to WikiLeaks and especially in the company of Edward Snowden showed great political courage.”

The prize is named for former West German chancellor Willy Brandt, who won the 1971 Nobel Peace Prize for reconciling West Germany with Eastern Europe.

Harrison is WikiLeaks’ investigations editor and helped build the Courage Foundation, which was created after Harrison’s best-known effort: protecting NSA whistleblower Edward Snowden as he fled Hong Kong for Moscow in 2013.

Harrison has spent the last several years speaking and writing in support of endangered whistleblowers and against government persecution.

Read Der Spiegel’s full article here.

Categories
Chelsea Manning Edward Snowden Julian Assange News

Snowden-Manning-Assange sculpture Anything To Say? moves to Geneva

Davide Dormino’s public artwork Anything To Say? continues its journey around Europe this month to stand outside the UN Human Rights Council as it begins its 30th session.

Categories
News Whistleblowing

Thomas Drake, fellow whistleblowers sue NSA, DOJ, FBI

Courage Advisory Board member and NSA whistleblower Thomas Drake, along with fellow whistleblowers Diane Roark, Ed Loomis, J. Kirk Wiebe and William Binney have filed a civil rights suit against former NSA directors Keith Alexander and Michael Hayden and the NSA, the DOJ and the FBI.

The group is suing over violations of

their constitutional and civil rights, invasion of privacy, and retaliation for their roles as whistleblowers, including illegal searches and seizures, physical invasion of their residences and places of business, illegal detention as temporary false imprisonment, confiscation of property, cancellation of security clearances leading to the loss of their jobs and employment, intentional infliction of emotional distress, harassment and intimidation.

The whistleblowers helped develop internet-surveillance program THINTHREAD, which worked “efficiently, effectively, and at very low cost”, but which was abandoned by the NSA in favor of TRAILBLAZER, a far more expensive program that was scrapped as well. These plaintiffs reported the waste of government funds and were raided and persecuted in retaliation.

Back in March it was reported that Thomas Drake’s formal complaint of government relatiation was rejected, with the government condoning the way it responded to Drake vocalizing his concerns.

TechDirt opines on what might come of the suit, “The government likely won’t be able to dismiss the suit quickly, but the plaintiffs are going to run into a ton of immunity claims that will be buttressed by invocations of national security concerns.”

See the suit here:

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Categories
Chelsea Manning News

Chelsea Manning faces indefinite solitary confinement for magazines and toothpaste [Updated]

Whistleblower Chelsea Manning, serving 35 years in prison for releasing hundreds of thousands of US Army and diplomatic cables, exposing scores of human rights abuses, has a hearing today, 18 August, in which she faces indefinite solitary confinement as punishment for appallingly trivial charges. Manning, who already endured torturous pretrial conditions for which military judge Denise Lind took 112 days off of her sentence, is being penalised for possessing magazines like Vanity Fair and Cosmopolitan, the Senate Torture Report and “expired” toothpaste, as well as brushing food crumbs onto the floor and “being disrespectful” to a prison official. The website FreeChelsea.com documents the charges and hosts a petition supporting Manning with more than 100,000 signers.

As Courage Advisory Board member Norman Solomon writes for Al Jazeera,

Washington is determined to make an example of her, to warn and intimidate other would-be whistleblowers. From the president on down, the chain of command is functioning to wreck the life of Chelsea Manning. We should not let that happen.

Chelsea will not be allowed to have a lawyer with her during the hearing, which is closed to the press and public, and yet she was barred from visiting the prison’s legal library, crippling her ability to properly defend herself. Courage strongly condemns this attack on a heroic whistleblower who’s already been punished far too much.

Update

Chelsea Manning tweets, “I was found guilty of all 4 charges @ today’s board; I am receiving 21 days of restrictions on recreation–no gym, library or outdoors.”

And then, “Now these convictions will follow me thru to any parole/clemency hearing forever. Was expecting to be in min custody in Feb, now years added”

Categories
News

Journalists condemn Netzpolitik investigation, German prosecutor fired

The German government informed Netzpolitik.org that it was investigating the digital rights media outlet, specifically two reporters and an “unknown source” for treason after it reported on leaked documents detailing the government’s mass surveillance. Netzpolitik decried the “attack on press freedom” and vowed, “We will not let ourselves be intimidated by the investigations and we will continue our critical and independent journalism – complete with original documents.”

Public support of Netzpolitik and condemnation of the investigation grew quickly, and journalists around the world have cosigned a statement of protest:

The investigation against Netzpolitik.org for treason and their unknown sources is an attack against the free press. Charges of treason against journalists performing their essential work is a violation of the fifth article of the German constitution. We demand an end to the investigation into Netzpolitik.org and their unknown sources.

Courage’s Julian Assange, Sarah Harrison and Diani Barreto cosigned the statement.

Amid public pressure, as the BBC reports, “Germany’s justice minister has sacked the country’s top prosecutor, who had accused the government of interfering with a treason investigation.”