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Courage News News

December newsletter: celebrities stand with Courage, Citizenfour and more

Enter your email at right to subscribe to Courage’s monthly newsletter, for updates on our work, our Advisory Board and what’s coming next.

Make a holiday donation in support of Courage

This holiday season, donate to Edward Snowden, Jeremy Hammond, and the only organisation fighting on the frontlines of whistleblower defense. Courage, already with two beneficiaries and the launch of our alleged sources under investigation protection fund: “Known Unknowns Fund”, we have more plans in store for 2015 for projects to provide even greater comprehensive protections for sources at greatest risk, but they require your help.

Please give what you can this year.

Celebrities stand with Edward Snowden and Courage

An international coalition of more than fifty actors, musicians and intellectuals have out their names to a statement affirming their support for Edward Snowden, WikiLeaks, whistleblowers and publishers. Publications including Rolling Stone, Liberation and the Guardian have printed the statement and the calls of Vivienne Westwood, Viggo Mortensen and others to support whistleblowers by donating to Courage.

Read the statement, along with a full list of signatories.

Courage at CIJ’s inaugural Logan symposium

This weekend, the Centre for Investigative Journalism’ s first annual Logan symposium – titled “Building an alliance against Secrecy, Surveillance and Censorship” – took place in London. Topics ranged from whistleblowing practices, to working with Snowden’s documents, to anonymous and secure journalism. Courage Acting Director Sarah Harrison, Courage Trustees Julian Assange and Gavin MacFadyen, Advisory Board members Daniel Ellsberg, Andy MĂźller-Maguhn and Annie Machon, Citizenfour director Laura Poitras, and many more gave presentations. Thousands worldwide watched the event livestream on couragefound.org, where we’ll be publishing video recordings of each speaker, as soon as they’re made available.

Sarah Harrison’s Logan symposium talk liveblogged by the Guardian here.

CitizenFour released to widespread acclaim

Laura Poitras’ documentary Citizenfour, which is structured around powerful footage of Edward Snowden’s first meetings with journalists in Hong Kong, has been short-listed for an Academy Award. We think it’s a film that everyone interested in Edward Snowden and his revelations should see.

To coincide with the film’s US release, Edward Snowden gave a few high-profile interviews, including a Q&A with Larry Lessig at Harvard University, which we livestreamed.

Citizenfour highlights the dire need for better source protection — before truthtellers are under investigation. Courage hosts the Known Unknowns Fund, the only fund designed to help alleged journalistic sources before the government comes knocking on their door. Support these sources here.

  • Here’s our Citizenfour review
  • Citizenfour reviewed by Courage Advisory Board member Ray McGovern
  • Another Citizenfour review from Courage Trustee Gavin MacFadyen
  • Information on screenings worldwide is available on the film website
  • Our report on Edward Snowden’s appearance at Harvard University

Jeremy Hammond in solitary for two weeks, in prison for a thousand days

Courage beneficiary Jeremy Hammond, who recently passed the 1000 days in prison mark, was placed in solitary confinement for a fortnight in the middle of October. The prison claimed this was punishment for stealing clothes from the laundry room, where Jeremy works. Solitary confinement is widely condemned as psychological and physical torture, with the CCR writing, “prolonged solitary confinement causes prisoners significant mental harm and places them at grave risk of even more devastating future psychological harm.”

Jeremy needs funds in these types of situations to maintain his commissary, which he uses to purchase items in prison. In solitary, inmates are afforded no possessions, and just one book at a time.

Read more here.

“Monument to courage” being crowdfunded

Courage advisory board member Vaughan Smith has launched a crowdfunding campaign for a public artwork which will travel the world highlighting the importance of truthtellers. Italian sculptor Davide Dormino’s work Anything To Say? will feature life-size bronze statues of Edward Snowden, Chelsea Manning and Julian Assange standing on chairs, with an empty chair next to them, so that members of the public can interact with the artwork. The project is close to 20% funded with 23 days to go.

Contribute to the campaign here.

Courage in the news

Courage is excited to welcome Nadezhda Tolokonnikova and Maria Alyokhina, members of the Russian punk rock collective Pussy Riot, who made international news when they were jailed for two years for an anti-Putin protest ahead of Russian presidential elections. Speaking to the Guardian about joining Courage, Nadezhda and Maria said they had many things in common with Courage trustee Julian Assange, namely interest in Chelsea Manning, which they called “one of the most important cases in today’s world.”

The release of CitizenFour has helped put the focus on Berlin as a centre for anti-surveillance activism. Courage was mentioned in a special edition of Berlin magazine the ExBerliner and in an Observer feature by Carole Cadwalladr.

Advisory Board member Eben Moglen condemns new GCHQ head Robert Hannigan’s “assault on privacy” in a new piece for the Guardian. Hannigan, Moglen writes, is “deploying the most inflammatory and misleading language available, to publicly blackmail companies into abandoning the rule of law, to bludgeon them into providing assistance for the illegal surveillance of their customers.”

Read the full article here.

How you can help Courage

Donate

Donating is the easiest, fastest and most tangible way you can support Courage now. We’re establishing a defence fund that will serve long-term as a safety net for whistleblowers in peril, present and future. We need to finance legal teams, as persecuted sources often can’t afford to pay their own court costs and legal defence against state prosecutions can amount to many hundreds of thousands of dollars. We also need resources to provide websites and campaign teams to campaign publicly for the protection of our beneficiaries, publicise the issues whistleblowers have disclosed, advocating across global media and building support networks around the world.

  • Donate to Courage generally, to sustain our work defending these whistleblowers and fighting for your right to know
  • Donate specifically to Edward Snowden’s defence fund
  • Donate specifically to Jeremy Hammond’s defence fund
  • Donate specifically to the Known Unknowns Fund, which helps truthtellers at risk, before the investigation stage
  • You can also contribute by purchasing merchandise at the Courage shop

Volunteer

We’re always looking for volunteers to help us reach as wide an audience as possible. Translating our websites is an important ongoing task and new designs for our shop would be very welcome.
To get in touch please email: courage.contact@couragefound.org

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Edward Snowden News

Citizenfour’s Escape to Freedom in Russia

By Ray McGovern, Courage Foundation Advisory Board

In early September in Russia, National Security Agency whistleblower Edward Snowden told me about a documentary entitled Citizenfour, named after the alias he used when he asked filmmaker Laura Poitras to help him warn Americans about how deeply the NSA had carved away their freedoms.

When we spoke, Snowden seemed more accustomed to his current reality, i.e., still being alive albeit far from home, than he did in October 2013 when I met with him along with fellow whistleblowers Tom Drake, Coleen Rowley and Jesselyn Radack, as we presented him with the Sam Adams Award for Integrity in Intelligence.

A year ago, the four of us spent a long, relaxing evening with Snowden – and sensed his lingering wonderment at the irony-suffused skein of events that landed him in Russia, out of reach from the U.S. government’s long arm of “justice.”

Six days before we gave Snowden the award, former NSA and CIA director Michael Hayden and House Intelligence Committee chair Mike Rogers had openly expressed their view that Snowden deserved to be on the “list,” meaning the “capture or kill” list that could have made Snowden the target of a drone strike. When I asked him if he were aware of that recent indignity, he nodded yes – with a winsome wince of incredulity.

This September, there was no drone of Damocles hanging over the relaxed lunch that the two of us shared. There were, rather, happier things to discuss. For example, I asked if he were aware that one of his co-workers in Hawaii had volunteered to Andy Greenberg of Forbes Magazine that Snowden was admired by his peers as a man of principle, as well as a highly gifted geek.

The co-worker told Greenberg: “NSA is full of smart people, but Ed … was in a class of his own. … I’ve never seen anything like it. … He was given virtually unlimited access to NSA data [because] he could do things nobody else could.”

Equally important, the former colleague pointed out that Snowden kept on his desk a copy of the U. S. Constitution to cite when arguing with co-workers against NSA activities that he thought might be in violation of America’s founding document. Greenberg’s source conceded that he or she had slowly come to understand that Snowden was trying to do the right thing and that this was very much in character, adding, “I won’t call him a hero, but he’s sure as hell no traitor.”

Snowden spoke of his former co-workers with respect and affection, noting that most of them had family responsibilities, mortgages, etc. – burdens he lacked. He told me he was very aware that these realities would make it immeasurably more difficult for them to blow the whistle on NSA’s counter-Constitutional activities, even if they were to decide they should. “But somebody had to do it,” said Snowden in a decidedly non-heroic tone, “So I guess that would be me.”

Following the intelligence world’s axiom of “need-to-know,” Snowden had been careful to protect his family and Lindsay Mills, his girlfriend, by telling no one of his plans. I found myself thinking long and hard at how difficult that must have been – to simply get out of Dodge without a word to those you love.

Perhaps he felt Mills would eventually understand when he explained why it was absolutely necessary in order to achieve his mission and have some chance of staying alive and out of prison. But, not having discussed with her his plans, how could he be sure of that?

And so, learning recently of the interim “happy-ending” arrival of Mills in Russia was like a shot in the arm for me. I thought to myself, it is possible to do the right thing, survive and not end up having to live the life of a hermit. Equally important, that reality is now out there for the world to see. What an encouragement to future whistleblowers – and to current ones, as well, for that matter.

Snowden was delighted when I told him that Bill Binney, the long-time and highly respected former NSA technical director, had just accepted the Sam Adams Award, which will be presented in 2015. It was Snowden’s own revelations that finally freed up Binney and other courageous NSA alumni to let the American public know what they had been trying, through official channels, to tell the overly timid representatives in Washington.

Seeing Citizenfour

Snowden was happy to tell me about the documentary, Citizenfour, explaining that during his sessions in Hong Kong with Laura Poitras, Glenn Greenwald, and The Guardian’s Ewen MacAskill, Poitras seemed to have the camera always rolling during the eight days they shared in Hong Kong – including during the grand escape from the hotel. With a broad smile, Snowden said, “Ray, when people see my makeshift disguise, well, it is going to be really hard to argue that this thing was pre-planned!”

All I have seen so far is the trailer, but I have tickets for a showing Friday night when Citizenfour opens in Washington and other cities. With Snowden, I figured I could wait to witness the grand escape until I saw the film itself, so I avoided asking him for additional detail. Like: ”Don’t spoil it for me, Ed.”

I was encouraged to read, in one of the movie reviews, that the documentary does allude to the key role played by Julian Assange and WikiLeaks in enabling Snowden’s escape. I had long since concluded that WikiLeaks’s role – and that of Sarah Harrison, in particular, was the sine qua non for success. I hope Citizenfour gives this key part of the story the prominence it deserves.

I feel it is an equal honor to spend time with Julian Assange in the Ecuadorian embassy whenever I’m in London. In early September, Assange was a welcoming host and we had a long chat over dinner while I was en route to Russia via London and Berlin. (I had been invited to present at the U.S.-Russia Forum in Moscow later last month and stayed there an extra day in order to visit with Snowden.)

I had been unaware of Citizenfour before visiting Assange. The film came up spontaneously when I volunteered to him that the safe extrication of Snowden from Hong Kong sits atop my gratitude list of the many things he has accomplished. That drew a very broad smile and some words about the world’s most powerful country and intelligence service, “and we still got him out!”

Assange shared how important it was not only to rescue Snowden himself but, in so doing, to provide for potential whistleblowers some real-life proof that it is possible to do the right thing and avoid spending decades in prison where WikiLeaks’ most famous source Chelsea Manning now sits. This was among the main reasons why WikiLeaks cashed in so many chips in its successful effort to bring Snowden to safety. It was surely not because Assange expected Snowden to share reportable information with WikiLeaks. He gave none.

Assange was in good spirits and hoping for some break in the Kafkaesque situation in which he has found himself for several years now (receiving asylum in Ecuador’s Embassy to avoid arrest in Great Britain and extradition to Sweden for questioning regarding alleged sexual offenses).

A Stop in Berlin

I also planned to spend a few days in Berlin to coincide with the NATO summit in Wales (Sept. 4-5). On Aug. 30, the Veteran Intelligence Professionals for Sanity sent a Memorandum to German Chancellor Angela Merkel, warning her about the dubious “intelligence” adduced to blame Russia for the troubles in Ukraine. Our memo had some resonance in German and other European media, but I was saddened to find the media in the UK and Germany as co-opted and Putin-bashing as the U.S. media.

It was 25 years after the fall of the Berlin Wall. What I said in my various talks and interviews on NATO’s reneging on its promise to Soviet leader Mikhail Gorbachev not to move NATO one inch eastward, once Germany was reunited, seemed to come as a major revelation to most listeners.

“Really?” was the predominant reaction when I explained that 25 years ago there was a unique, realistic chance for a Europe “whole and free” (in words then used by President George H. W. Bush and Gorbachev) from Portugal to the Urals. Instead, even after the collapse of the Soviet Union in 1991, Russia was excluded. NATO crept steadily east toward Russia’s border.

And last February, the U.S. and EU orchestrated a coup d’état in Kiev to foster Ukraine’s “European aspirations” to cast its lot with the West and dislodge itself from Russia’s sphere of influence. [See Consortiumnews.com’s “The Whys Behind the Ukraine Crisis.”]

The squandering of a historic chance for lasting peace in Europe remains atop the list of severe disappointments encountered during my professional life. The fact that, to this day, so few seem aware of what happened, and who was – and is – to blame, is also a major frustration.

In Berlin, consolation and affirmation came in renewing friendships there and getting to know others – many of them expatriates. First and foremost among the latter is Sarah Harrison, the main figure in executing WikiLeaks’s plan to get Snowden out of Hong Kong and onward to Latin American via Moscow, where his planned journey has so far stalled.

Because the U.S. Justice Department charged Snowden with espionage and the U.S. State Department revoked his passport, his stay in Moscow ended up being quite a long one. But Harrison stayed on for as long as seemed necessary to accompany and support Snowden, as well as to be able to testify to the fact that the Russians were not using anything like “enhanced interrogation techniques” on him.

I had last seen Harrison in Moscow at the Sam Adams Award presentation to Snowden; it was great to have a chance to chat with her over a long lunch.

Flying home from Moscow, having had lunch there with Edward Snowden, lunch in Berlin with Sarah Harrison, and dinner with Julian Assange in that little piece of Ecuadorian territory in London, what came first to mind was Polonius’s advice to Laertes: “Those friends thou hast, and their adoption tried, grapple them to thy soul with hoops of steel.”

But then, above the din of the jet engines, came a more familiar and more insistent voice. It was that of Jane Fahey, my Irish grandmother, who for some reason seemed 33,000 feet closer than usual: “Show me your company, and I’ll tell you who you are!” she would say, often – very often. I think my grandmother would be as pleased with my “company” as I am – and as grateful.

This piece first appeared at ConsortiumNews.com.

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Courage News News

Journalist Chris Hedges joins Courage Advisory Board

The Courage Foundation’s Advisory Board, already comprising whistleblowers, tech experts, scholars, and activists, continues to grow. Earlier this week we announced Slavoj Žižek joined our board, and today we are excited to welcome Pulitzer Prize-winning journalist Chris Hedges aboard.

Hedges, a former war correspondent for the New York Times, now writes a column for Truthdig, where he covers various topics surrounding threats to our civil liberties and champions those fighting against those threats.

In a debate about Edward Snowden’s actions, Hedges said, “If there are no Snowdens, if there are no Mannings, if there are no Assanges, there will be no free press.”

In February, Hedges wrote ‘Edward Snowden’s Moral Courage,’ a speech praising the NSA whistleblower’s conscientious efforts, and expanding on why we need whistleblowers if we want a free press:

There is no free press without the ability of the reporters to protect the confidentiality of those who have the moral courage to make public the abuse of power. Those few individuals inside government who dared to speak out about the system of mass surveillance have been charged as spies or hounded into exile. An omnipresent surveillance state—and I covered the East German Stasi state—creates a climate of paranoia and fear. It makes democratic dissent impossible. Any state that has the ability to inflict full-spectrum dominance on its citizens is not a free state.

In 2013, Hedges lauded Courage beneficiary Jeremy Hammond for exposing the state’s plan to criminalise democratic dissent. He attended and reported on Hammond’s sentencing, which he called “draconian.”

Earlier that year, Hedges attended and reported on Chelsea Manning’s trial, and wrote in solidarity of the US Army whistleblower here and condemned the “judicial lynching” of Manning here.

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Courage News News

Courage welcomes Slavoj ŽiŞek to our Advisory Board

The Courage Foundation is excited to announce and welcome internationally renowned philosopher and author Slavoj Žižek to our Advisory Board. A senior researcher at the Institute for Sociology and Philosophy at the University of Ljubljana, in Slovenia, and the international director of the Birkbeck Institute for the Humanities, in London, Žižek has written more than eighty books, and he’s written and starred in several documentaries about his own philosophy.

In June 2014, Žižek wrote “How WikiLeaks opened our eyes to the illusion of freedom”, in which he said:

Not only have we learned a lot about the illegal activities of the US and other great powers. Not only have the WikiLeaks revelations put secret services on the defensive and set in motion legislative acts to better control them. WikiLeaks has achieved much more: millions of ordinary people have become aware of the society in which they live. Something that until now we silently tolerated as unproblematic is rendered problematic.

In September 2013, Žižek wrote an op-ed declaring Edward Snowden, Chelsea Manning and Julian Assange “our new heroes” and whistleblowing “an essential art.”

He explains why he supports these truthtellers:

…whistleblowers play a crucial role in keeping the “public reason” alive. Assange, Manning, Snowden, these are our new heroes, exemplary cases of the new ethics that befits our era of digitalised control. They are no longer just whistleblowers who denounce the illegal practices of private companies to the public authorities; they denounce these public authorities themselves when they engage in “private use of reason”.

Žižek says we “need Mannings and Snowdens in China, in Russia, everywhere,” and foresaw the need for an organisation like Courage:

…we need a new international network to organise the protection of whistleblowers and the dissemination of their message. Whistleblowers are our heroes because they prove that if those in power can do it, we can also do it.

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Courage News News

Courage joins ‘Necessary and Appropriate Principles’ week

np-logo-2The Courage Foundation is proud to announce our support and involvement with the Electronic Frontier Foundation’s Necessary and Proportionate Week of Action, leading up to the first year anniversary of the 13 Necessary and Proportionate Principles, which were first launched at the 24th Session of the United Nations Human Rights Council in Geneva on 20 September 2013. The full text of the principles is here.

The EFF has a series of articles and campaigns for various subcategories of the week, on secrecy, transparency, public oversight, combating surveillance and whistleblower protections. Join discussion of the week of action on Twitter with the hashtag #privacyisaright

The Courage Foundation is the predominant partner on today’s topic: ‘Integrity of Communications and Systems, Protection on Whistleblowers, Safeguards Against Illegitimate Access and Right to An Effective Remedy,’ advancing the tenet that “strong protection should be afforded to whistleblowers who expose surveillance activities that threaten human rights.” The United States government has cracked down on those who expose wrongdoing more than ever under the Obama Administration, with Chelsea Manning and Jeremy Hammond in prison, Thomas Drake fired and prosecuted under the Espionage Act, and Edward Snowden in Russian asylum, all for revealing important truths in the public interest about what their government does in secret and against our will.

Courage steps in to protect these conscientious people who deserve our support. We fund legal defense teams for truthtellers, keep their cases in the public light, and advocate for the public’s right to know and whistleblower protections generally. Stay tuned for Courage Advisory Board member Sana Saleem’s article: “Why the World Needs More Whistleblowers.”

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News Whistleblowing

Obama: “If you blow the whistle, you should be thanked”

“If you blow the whistle, you should be thanked. You should be protected for doing the right thing. You shouldn’t be ignored and you certainly shouldn’t be punished.”

These were the surprising words of President Obama on 7 August 2014, as he signed a $16 billion bill to improve veterans’ access to medical care. The bill followed a report from the Department for Veterans’ Affairs, which confirmed many of the complaints whistleblowers had been making – waiting lists were indeed being manipulated to hide how long veterans were having to wait for medical appointments.

The White House again praised whistleblowers this week, responding to a letter sent by the Society of Professional Journalists and 37 other journalism and open government groups urging the Obama Administration to be more transparent. The letter from White House Press Secretary Josh Earnest claims that the Administration has “made important progress” in “protecting whistleblowers” and “disclosing previously classified information.” Earnest cites the 2012 Whistleblower Protection Enhancement Act as evidence that the Administration has “fought for and won better protections for whistleblowers.”

obama-meme

But the Whistleblower Protection Enhancement Act that the White House claims offers better protections for whistleblowers is limited. While the Act was recognised as a step forward by whistleblower organisations like the Government Accountability Project (GAP) and the National Whistleblowers Centre, GAP also recognised its limitations. Blowing the whistle within official channels does not guarantee public disclosure of the information and does little to facilitate what Yochai Benkler has called “accountability leaks… that challenge systemic practices.”

At any rate, it is not the Whistleblower Protection Enhancement Act for which this Presidency is likely to be remembered but the intelligence whistleblowers who have faced severe reprisals on its watch. The Obama Administration, famously, has initiated eight prosecutions under the Espionage Act –  more uses of the 1917 Act than all previous US presidents combined. Former NSA employees Thomas Drake and Edward Snowden, who blew the whistle on mass surveillance; former US Army intelligence analyst Chelsea Manning, who blew the whistle on US torture and war crimes in Iraq and Afghanistan; and former CIA official John Kiriakou, who blew the whistle on US torture, are among the intelligence whistleblowers who have been charged with the Espionage Act during Obama’s Administration.

Ray McGovern, a former CIA senior analyst, founder of whistleblower group Sam Adams Associates for Integrity in Intelligence and co-founder of Veteran Intelligence Professionals for Sanity (VIPS), responded to Obama’s comments saying, “President Obama is giving hypocrisy a bad name.”

SONY DSC

McGovern, who is also a member of Courage’s advisory board, said:

Obama’s record speaks for itself; he has prosecuted more than twice as many whistleblowers – for espionage, no less – than all former presidents combined. As for those whose crimes have been whistle-blown upon, like those who did the torture, Obama continues to call them ‘patriots’. Former CIA operative John Kiriakou, who opposed torture, sits in a Pennsylvania prison because he revealed the name of one of the torturers.

Too bad Kafka is dead.

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Legislation News Whistleblowing

British MPs say “whistleblowing is crucial” but fail to protect intelligence whistleblowers

One of the UK’s most important parliamentary committees, the cross-party Public Accounts Committee, published a report on 1 August 2014, that found whistleblowers are a “crucial source of intelligence to help government identify wrongdoing.” While identifying the retaliation that UK government whistleblowers face, the Committee failed to mention one significant category of truthtellers altogether.

The Public Accounts Committee investigation was prompted by a separate report, Making a Whistleblowing Policy Work published by the UK’s National Audit Office in March 2014. Since the Public Accounts Committee scrutinises the efficiency of public spending, their hearing on 24 March and this month’s report focused on whistleblowing in the public sector and extended to discuss private and voluntary sectors where public services are outsourced.

The Committee found that the treatment of whistleblowers is often “shocking” and “appalling” and recommended that legal and counselling services be offered. The report acknowledges the bullying, harassment and victimisation many whistleblowers endure, and recognised that it takes “remarkable courage” for employees to come forward and raise concerns.

Furthermore, the report found there had been a “startling disconnect” between policies within government purporting to encourage whistleblowers and what happens in practice, where victimisation of whistleblowers is rarely punished. The Chair of the Committee, Margaret Hodge MP, noted that in a survey of Ministry of Defence employees, “only 40 per cent of respondents felt they would not suffer reprisals if they raised a concern.”

However, the disconnect between whistleblower protections in theory and reality goes even further than the Public Accounts Committee admits as their report overlooks the specific problems with intelligence whistleblowing. As such, its recommendations do little to protect some the most prominent and threatened whistleblowers today.

What protections do whistleblowers have in the UK?

In the UK, employees may blow the whistle outside the workplace and to a prescribed official body if their employer does not have a whistleblowing procedure; if they feel their employer would cover up their disclosure; if they expect unfair retaliation; or if the employer has not taken action after a disclosure has already been made.

The Public Interest Disclosure Act (PIDA, 1998) is designed to protect workers from employer retaliation when an employee blows the whistle in the public interest. However, it does not commit employers to respond effectively to whistleblowers’ disclosures and it does not prevent employers from “blacklisting” the whistleblower, harming future employment prospects. Moreover, this Act does not apply to those who are self-employed or volunteers, or to individuals who work under the Official Secrets Act (1989) in the government, military and intelligence communities.

In the UK, the Official Secrets Act protects official information and state secrets from public disclosure. The Act was revised in 1989 to remove whistleblowers’ right to a public interest defence for unauthorised disclosures. That is, any unauthorised disclosure of information is now automatically a punishable criminal act with no defence – even if the information released is deemed to be of significant public value.

In 2002, former MI5 officer and whistleblower, David Shayler, was prosecuted for informing media of the misconduct and several alleged crimes of the security services, including evidence of complicity in an illegal plot to assassinate Colonel Gaddafi, which failed but resulted in the death of innocent civilians. While it was acknowledged in court that Mr Shayler had no viable ‘official’ avenues to pursue his concerns, that his disclosures were made in the public interest and had put no lives at risk, he was found guilty and imprisoned nonetheless.

As a result of the 1989 Act, there are effectively no whistleblowing protections for employees of the UK’s security services. At present, they even lack freedom of speech within parliament. The parliamentary committee charged with oversight of the intelligence services – the Intelligence and Security Committee (ISC) – exempts witnesses from the ‘absolute privilege’ of being able to give evidence in parliament without incrimination that applies to other parliamentary committees.

“The public interest defence should be reintroduced”

Annie Machon, a former intelligence officer who helped her ex-partner Mr Shayler in blowing the whistle on MI5, and a member of the Courage advisory board, told Courage the report was “welcome, if belated.”

Machon said:

The report doesn’t help whistleblowers who emerge from the military, central government or the intelligence services. These are the very people who are most likely to witness the most heinous state crimes, yet these are also the very people who are automatically criminalised under the draconian terms of the OSA 1989. The Official Secrets Act (1989) in the UK is drafted to stifle whistleblowers rather than protect real secrets.

At the very least the public interest defence should be reintroduced to British secrecy legislation. That is not ideal, as the whistleblower would still have to prove their case in court.

Ideally, there would be a powerful body that such whistleblowers could address their concerns to, in which they had a well-founded expectation that disclosures of criminality would be properly investigated, crimes punished and meaningful reform instituted.”

Categories
Journalism News

How journalists should work with whistleblowers

The International Journalism Festival 2014 hosted a panel discussion titled Thanks Mr Snowden! The Scoop of the Century, with MI5 whistleblower and Courage Advisory Board member Annie Machon, Guardian journalist James Ball and Italian journalists Fabio Chiusi, Carolina Frediani and Omar Monestier. They discussed the journalistic process of working with sensitive documents and a high-risk source in the face of government pressures, the persecution that whistleblowers face and the role of Courage in protecting whistleblowers.

Annie Machon, who helped set up Courage, described the foundation’s inception as beginning with the need to protect Edward Snowden and future intelligence-related whistleblowers who are “automatically criminalised for exposing the crimes of others”. Machon described the “global support” that Courage aims to offer future whistleblowers, as well as the international whistleblower advocacy work of Courage.

Courage’s work is particularly valuable given the “war on whistleblowers” and the severe threats truthtellers face, Machon said, pointing to the fact that President Obama has attempted to apply the Espionage Act more times in his presidency than all previous presidents put together. Although the Espionage Act is a World War I law designed to punish spies, Obama has used it to persecute whistleblowers exposing government criminality and to deny their full and public legal defence. Machon suggests, “the only answer that our governments have to deter future whistleblowers is to crush them and for them to be seen to be crushed.”

However, Machon praised the resilience and courage of whistleblowers, adding, “we have seen whistleblower after whistleblower come out of the UK and the US over the last two decades despite the appalling experiences that each of their predecessors seems to go through.” Mr Snowden was “well aware of the risks he was taking”, she said, as he had witnessed the Espionage Act being used against NSA whistleblower Thomas Drake, CIA whistleblower John Kiriakou and military whistleblower Chelsea Manning. The whistleblowers exposed warrantless surveillance, illegal torture and war crimes, respectively, yet were themselves persecuted, with Kiriakou sentenced to thirty months in prison and Manning sentenced to thirty-five years in prison. This precedent highlights the extraordinary courage of Mr Snowden and prospective new whistleblowers. “There may be more whistleblowers in the pipeline,” Machon added.

'Thanks Mr Snowden' panel, International Journalism Festival 2014
‘Thanks Mr Snowden!’ panel, International Journalism Festival 2014

Indeed, Machon explained that one of the reasons for setting up Courage was to show potential future whistleblowers that it is possible to survive the process of whistleblowing, “even when you have the USA and the entire intelligence infrastructure of this entirely militarised country chasing you around the planet”.

Government pressure affects not only whistleblowers but the journalists they work with. James Ball, special projects editor at the Guardian who works on the Snowden documents, explained how publishing of the revelations had to be outsourced to the US to benefit from constitutional protections. “We had to battle some quite serious censorship,” Ball said. “The UK government was really putting on severe political pressure.” In addition, journalists had to work under “ridiculous precautions” during the Snowden publications due to the surveillance risks to themselves, the source and their documents. They worked in a controlled environment in a safe room with no external electronic devices allowed inside. Machon recounted her experience of blowing the whistle, when journalists saw her anti-surveillance methods as excessive: “they thought we were overly paranoid.” Of course, now, the Snowden files document the extraordinary surveillance capabilities that journalists and sources should rightly be cautious of.

Machon recommended that journalists working with whistleblowers “display immediately an awareness of the security measures you need to put in place to protect both yourself and your story, but also the whistleblower, to show that you’re serious about trying to ensure they will not be snatched and disappeared into a prison for the next thirty-five years.”

Ball concluded: “Our freedom of expression relies on our privacy. All of our data all of our communications now are online. There is no such thing as ‘digital rights’ – online rights are offline rights.”

Journalists who wish to learn how to protect themselves, their sources and their stories from surveillance can use the Centre for Investigative Journalism’s newly released free handbook, Information Security for Journalists.

Categories
Courage News News

Courage: showing solidarity with whistleblowers and defending our right to know

In an interview by US lawyer and Courage Advisory Board member Kevin Zeese for Truthout, Acting Director of Courage Sarah Harrison talks about Courage, why the organisation was started and how it is working to protect whistleblowers.

As well as protecting individual truthtellers, Courage also defends the right to know broadly by “fighting for policy and legal changes to give whistleblowers the protections they deserve”, Harrison explained.

The ethos of Courage is to reflect the courage shown by the truthtellers it serves to protect, showing support and solidarity in spite of risks:

I think it was important to show future whistleblowers that if you come forward and expose wrongdoing, that there are people who will stand with you and help you, no matter what the cost… It is very important to show a sense of solidarity around whistleblowers.

Harrison explained how Courage was borne from her experience of helping NSA whistleblower Edward Snowden to safety and achieving his asylum in Russia:

The Courage Foundation was born from the idea that whistleblowers need protection from prosecution. When we first started to help Edward Snowden, there were many other NGOs and organizations around the world that should have been able to help him; but, when it comes to high risk people with huge persecution from places like the United States, the reality is that to move quickly and robustly to provide the support they need is actually very difficult. So after we helped Snowden, we realized that there was a need for an organization that was able to do this for future Snowdens as well.

Campaigning for asylum and international protections for truthtellers is set to be some of Courage’s core work. Harrison explained why:

It is unrealistic to expect that a country is suddenly going to put in place laws that are really going to protect someone like Snowden who comes forward with such high value classified information. It is better to focus on agreements and conventions between countries that prevent extradition so there is the ability to support a whistleblower from another country somewhere else.

Mr Snowden also reiterated the importance of protections for truthtellers at an international level in his recent testimony to the Council of Europe, 24 June 2014. Referencing the problems he faced in securing a safe haven after disclosing national intelligence of global importance, he said:

it’s critical that we need international mechanisms in these cases to distinguish between the legality of the act on national terms and the propriety of the act on global terms.

In many cases those protections are not provided on a uniform national basis and that raises the question of how our global society can provide an independent, international mechanism for arbitration and redress on matters that are of international public importance

A full transcript of Mr Snowden’s testimony can be found here.

As Mr Snowden’s temporary asylum period in Russia ends, Harrison described it as a ‘critical’ time for people to take action. She invited supporters to take part in the ‘Stand With Snowden’ campaign, recently launched by Courage, to show solidarity with Mr Snowden, and to pressure governments around the world to act and help Snowden to a safe haven.

A full transcript of Kevin Zeese and Margaret Flowers’ interview of Sarah Harrison can be found at Truthout.

Take Action – #StandWithSnowden

Upload a photo of yourself or your friends, family, and colleagues holding a sign like the one Sarah Harrison is holding below and the many more on our campaign page here. Make sure you mention where you’re from: Courage will formally approach the governments of those countries where the public support for Snowden is strongest to ask them to act.

 

#StandWithSnowden
#StandWithSnowden
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