Excessive secrecy hurts intel agencies, says head of NZ spy review

Sir Michael CullenA former deputy prime minister of New Zealand, who is heading a major review of intelligence practices in the country, has said in an interview that spy agencies hurt their mission by practicing excessive secrecy. Sir Michael Cullen served as finance minister, education minister and attorney-General before serving as deputy prime minister of New Zealand, from 2002 to 2008. He was recently appointed by the government to co-chair a broad review of state intelligence agencies, with particular focus on updating the applicable legislative framework and evaluating the oversight exercised by lawmakers and the executive. The review is expected to affect the work of New Zealand’s two most visible intelligence agencies, the Security Intelligence Service and the Government Communications and Security Bureau.

Last Saturday, Sir Michael spoke to TVNZ, New Zealand’s national television broadcaster, about the progress of the review, and shared some of his preliminary thoughts on the subject of intelligence practice and reform. He said in the interview that much of the documentation about intelligence processes and operations was being kept secret without apparent reason. “I’ve seen documents [from] briefings, which it would be hard to justify in my view those briefings not being made public”, he said. He added that there was “a need for the agencies to be much more open about what they do”, noting that sources and methods could be adequately protected through a careful process of redacting. The former deputy prime minister said that, ironically, the intelligence agencies are “their worst enemy by being so secretive about almost everything that they do”. Their attitude, he told TVNZ, negatively affected the level trust between them and the citizens they protect; the latter, he added, “would get a better idea of the need for the [intelligence] agencies if some of these documents were made public”.

Sir Michael also commented on New Zealand’s membership in the so-called ‘Five-Eyes’ alliance, which is part of the UKUSA intelligence-sharing treaty between it and the nations of Australia, Canada, the United Kingdom and the United States. He told TVNZ that New Zealand had to share intelligence with allied nations, because it needed access to offshore information affecting its national security, which it cannot collect by itself. Some New Zealand politicians and pundits suggested that the country should exit the treaty after it was revealed last year that the US had been making use of New Zealand embassies around the world to collect electronic signals. In April of this year, The New Zealand Herald said that the country’s embassy in Bangladesh had been made available to British and American intelligence agencies to operate out of. Wellington’s relations with Dhaka have been strained as a result.

Author: Joseph Fitsanakis | Date: 21 July 2015 | Permalink: http://intelnews.org/2015/07/21/01-1739/

IRA spy’s lawsuit against MI5 to be judged in secret, UK court decides

Martin McGartlandA lawsuit against Britain’s Security Service (MI5) by a former spy, who in the 1980s infiltrated the Provisional Irish Republican Army, commonly known as IRA, is to be judged in secret, a court in London has decided. The spy, Martin McGartland, of Belfast, Northern Ireland, was recruited by the Special Branch of the Royal Ulster Constabulary in the mid-1980s. The information he supplied to the security agencies over several years is widely credited with having saved the lives of at least 50 British police officers and soldiers. His autobiographical experiences formed the basis of the 2008 motion picture 50 Dead Men Walking.

However, McGartland’s cover was dramatically blown in 1991, when the IRA began suspecting that he might be an MI5 mole. After several hours of interrogation by the IRA’s Internal Security Unit, McGartland managed to escape his captors by throwing himself out of a third-floor window. He survived serious injuries and was taken into hiding by MI5, living in a series of safe houses across Britain for nearly a decade. In 1999 the IRA caught up with him at an MI5 safe house in North Tyneside, in the northeast of England, where he was shot and left for dead by an IRA hit team while walking to his car.

McGartland is now suing MI5 and its institutional patron, the British Home Office, claiming that they failed to support him after he was shot by the IRA. In his lawsuit, McGartland claims that the government funding he was receiving for treatment for post-traumatic stress disorder was withdrawn after he publicly criticized the British government’s counterterrorism policies. In May of 2013, it emerged that Home Office solicitors had filed a formal request to hold the trial as a Closed Material Procedure (CMP) hearing. This type of practice, which became law in Britain under the 2013 Justice and Security Act, allows the court to decide a case without giving the plaintiff party any details of the information against them.

In many cases, the government resorts to CMP ostensibly to protect ‘sources and methods’. But McGartland’s legal team said that the secret hearing was designed “solely to cover up [MI5’s] own embarrassment and wrongdoing and not, as the Government has been claiming, to protect national security”. Moreover, civil rights groups warned that applying CMP to McGartland’s lawsuit would open the way for the imposition of wider restrictions on the principle of open justice and would normalize secret hearings in the civil courts.

After the judge hearing the case decided to impose CMP on the proceedings, McGartland’s legal team filed an appeal. Now the appeal judges seem to have sided with the Home Office. In a decision published on Tuesday, the judges opined that the imposition of CMP was “a case management decision properly open to the judge and there is no proper basis for this court to interfere with it”. They added that their decision did not represent a blanket approval of secret legal proceedings, but that they expected court judges to scrutinize future CMP applications “with care”.

The ruling means that McGartland’s legal team will not be allowed to hear testimony by certain MI5 witnesses or view court material designated as “sensitive” by the government. Lawyers for the former IRA informant said on Tuesday that the approval of the imposition of CMP represented “a serious aberration from the tradition of open justice”. But lawyers for the Home Office said that the ability to protect sensitive information was central to the proper function of a national security service.

Author: Joseph Fitsanakis | Date: 15 July 2015 | Permalink: http://intelnews.org/2015/07/15/01-1735/

CIA kept file on American academic Noam Chomsky, say experts

Noam Chomsky in 1970By JOSEPH FITSANAKIS | intelNews.org |
A 1970 communiqué between two United States government agencies appears to show that the Central Intelligence Agency (CIA) kept a file on the iconic American linguist and political dissident Noam Chomsky. Widely seen as a pioneer of modern linguistics, Chomsky adopted an uncompromisingly critical stance against the US’ involvement in the Vietnam War in the early 1960s. The US Intelligence Community’s systematic surveillance of antiwar and civil rights activists at the time prompted legal scholars and historians to deduce that Chomsky’s activities must have been routinely spied on by the American government. But a number of Freedom of Information Act (FOIA) requests in recent years turned up blank, with the CIA stating that it could “not locate any records” responsive to the requests. Scholars insisted, however, and a recent FOIA request unearthed what appears to be proof that the CIA did in fact compile a file on the dissident academic. The request was submitted to the Federal Bureau of Investigation (FBI) by attorney Kel McClanahan, executive director of National Security Counselors, a group specializing in “lawfully acquiring from the government material related to national security matters and distributing it to the public”. According to Foreign Policy magazine blog The Cable, McClanahan’s FOIA request revealed a memorandum sent from the CIA to the FBI on June 8, 1970. In it, the Agency seeks information about an upcoming trip by American antiwar activists to North Vietnam, which, according to the CIA, had received the “endorsement of Noam Chomsky”. The memo also asks the FBI for information on the trip’s participants, including Professor Chomsky. The Cable spoke to Marquette University Professor Athan Theoharis, domestic surveillance expert and author of Spying on Americans, who opined that the CIA request for information on Chomsky amounts to an outright confirmation that the Agency kept a file on the dissident academic. Read more of this post

News you may have missed #840

John KiriakouBy IAN ALLEN | intelNews.org |
►►S. Korea prosecutors might seek ex-spy chief’s arrest. Prosecutors said Monday they will decide sometime this week whether to seek an arrest warrant against Won Sei-hoon, who headed South Korea’s National Intelligence Service (NIS) for about four years until early this year. He is suspected of ordering agents to post a slew of politically sensitive comments on the Internet in order to sway public opinion in favor of the ruling party candidate prior to the December 19 national election. Won, who headed the NIS under former President Lee Myung-bak, has been barred from leaving the country pending investigation.
►►CIA self-described whistleblower writes about life in prison. In 2012, former CIA officer John Kiriakou pleaded guilty to violating the Intelligence Identities Protection Act. In January of this year, he was sentenced to 30 months in a low security prison in Loretto, Pennsylvania. In a letter released by his lawyer, Kiriakou describes his day-to-day life behind bars, from his own tiny cell to an almost anthropological study of the lunchroom and the relatively rare prison fights.
►►Comment: End the spy budget secrecy in Israel. Since the establishment of the Israeli state, the security establishment has enjoyed confidentiality with regard to the details of its budget, justified by the need to keep secrets from enemy intelligence services. This lack of transparency has impaired public scrutiny of security expenditure, which represents a large chunk of the Israeli economy. When the watchful eye is distant, the temptation is great to inflate job slots, exaggerate salary increments and hike up pension conditions.

MI5 wants secret court session over IRA informant’s lawsuit

Martin McGartlandBy JOSEPH FITSANAKIS | intelNews.org |
Britain’s domestic intelligence agency, MI5, has requested a secret court hearing to deliberate a lawsuit from a high-profile spy who infiltrated the Provisional Irish Republican Army, commonly known as IRA. The mole, Martin McGartland, of Belfast, Northern Ireland, was recruited by the Special Branch of the Royal Ulster Constabulary in the 1980s. The information he supplied to the security agencies over several years is widely credited with having saved the lives of at least 50 British police officers and soldiers. His autobiographical experiences formed the basis of the 2008 motion picture 50 Dead Men Walking, written and directed by Kari Skogland and starring Jim Sturgess as Martin and Ben Kingsley. McGartland’s cover was dramatically blown in 1991, when the IRA began suspecting that he might be an MI5 mole. After several hours of interrogation by the IRA’s Internal Security Unit, McGartland managed to escape his captors and throw himself out of a third-floor window. He survived serious injuries and was taken into hiding by MI5, living in a series of safe houses across Britain for nearly a decade. However, in 1999 the IRA caught up with him at an MI5 safe house in North Tyneside, in the northeast of England, where he was shot by an IRA hit team while walking to his car one morning and left for dead. McGartland is now suing MI5 and its institutional patron, the British Home Office, claiming that they failed to support him after he was shot by the IRA. In his lawsuit, McGartland claims that government funding he was receiving for treatment for post-traumatic stress disorder was withdrawn after he publicly criticized the British government’s counterterrorism policies. Read more of this post

Pakistan secretly helped CIA drone strikes (act surprised)

Predator droneBy JOSEPH FITSANAKIS | intelNews.org |
For many years, Pakistan’s main spy agency secretly helped the United States launch hundreds of unmanned drone strikes on Pakistani soil, while the government in Islamabad publicly denounced them as infringements on its sovereignty. The US-based McClatchy news agency said on Tuesday it had uncovered the behind-the-scenes collaboration while reviewing “copies of top-secret US intelligence reports”. In an article published on its website, the news agency said the copies of the documents in its possession covered most of the unmanned drone strikes conducted on Pakistani soil by the US Central Intelligence Agency in the years 2006 to 2008 and 2010 to 2011. The documents allegedly show that nearly every strike had been approved by the Inter-Services Intelligence Directorate (ISI), Pakistan’s powerful spy agency run by the military. According to the McClatchy report, so close was the cooperation between the CIA and the ISI that the Pakistanis were even able to add some of their own targets to the CIA’s list of suspected militants for killing. This arrangement was arrived at during the early years of the administration of US President George W. Bush, when the bilateral cooperation between the two spy agencies reached its pinnacle. The report notes, however, that it is difficult to discern whether Pakistani civilian officials, who have been routinely denouncing the CIA unmanned drone strikes as illegal, have been aware of the full extent of the operational collusion between the ISI and the CIA. Technically, the ISI is supposed to operate under the control of Pakistan’s civilian leadership. In reality, however, the secretive intelligence agency is firmly under the control of the country’s military establishment. Read more of this post

French spy agency forced Wikipedia volunteer to delete entry

Wikipedia welcoming screenBy JOSEPH FITSANAKIS | intelNews.org |
A French intelligence agency forced a volunteer for online open-source reference site Wikipedia to delete n entry that allegedly contained classified information about French nuclear defense systems. According to the Wikimedia Foundation, which publishes Wikipedia, the entry describes a radio relay system located at Pierre-sur-Haute military radio station in south-central France. Operated by the French Air Force, the station is said to have a central role in transmitting the order to launch France’s nuclear missiles in case of a full-scale thermonuclear war. The French-language Wikipedia webpage —which has since been fully restored— mentions, among other things, that the radio masts at Pierre-sur-Haute are designed to withstand the type of shockwave experienced in a thermonuclear attack. According to the Wikimedia Foundation, it was approached in early March, 2013, by the Direction Central du Renseignement Interieur (DCRI), which is tasked with domestic security and counterintelligence. The agency asked the Wikimedia Foundation to delete the entire webpage referring to the Pierre-sur-Haute military radio station, because it said it contravened French national security law. The Wikimedia Foundation, however, refused to comply with the request unless it was accompanied with either a court order or concrete information explaining why the Pierre-sur-Haute revelations were a threat to French national security. The DCRI reportedly backed down, promising to return with a formal justification for its request. However, instead of doing so, it contacted a French-based Wikipedia volunteer, who was summoned to the DCRI’s office under threat of legal action. Read more of this post

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