Australian court releases judge’s remarks in unprecedented ‘secret prisoner’ trial

April 24, 2023 by 2 Comments

first-post-v-2AN AUSTRALIAN HIGH COURT has released the sentencing remarks in an unprecedented closed-door trial of an intelligence officer, identified only as “Witness J”, who was convicted in 2019 of a crime that cannot be revealed. The man, who is also known as “Prisoner 123458,” was given a jail sentence in November of 2019. His sentencing came following a closed-door hearing, which was described by a judge as “generally undesirable” and “unusual”. The very existence of the court case came to light only after Witness J filed a lawsuit against the jail in which he was being held, arguing that his treatment was substandard.

Witness J is believed to be in his mid-30s and to have served for many years as an intelligence officer in the Australian military, with a top secret security clearance. He is also believed to have served in Iraq, Afghanistan and East Timor with a distinguished service record. But he drew the attention of counterintelligence investigators in 2018, while undergoing a routine re-evaluation of his security clearance status. During that time he was reportedly serving as a civilian in an undisclosed country in Southeast Asia. This period, according to reports, coincided with the deterioration of Witness J’s mental health.

Witness J was eventually jailed in mid-May 2018 and spent a month in solitary confinement. He was then placed in a high-security wing for serious sex offenders at the Alexander Maconochie Centre prison in Canberra. This was not because he was a sex offender, but because it was determined that he would be safer there than in the other wings of the prison. In early 2019, Witness J was sentenced in a closed-door trial, which was held under the secrecy provisions of Australia’s 2004 National Security Information Act. He was released from prison 15 months into his 24-month sentence, after agreeing to plead guilty to security breaches.

Last week, the Supreme Court of the Australian Capital Territory (ACT) released the sentencing remarks of the judge in Witness J’s case, which had remained secret since November of 2019. According to ABC News, the remarks are heavily redacted in order to comply with restrictions under the National Security Information Act. The redacted document makes clear that Witness J faced a total of five charges. However, the sentencing remarks make no mention of the nature of the charges against him.

In his remarks, the judge in the case, Justice John Burns, mentions that the court had been given a report by Witness J’s doctor, which detailed his deteriorating mental state and his depression. The judge goes on to explain that he took the doctor’s report into account in sentencing Witness J. He argues, however, that despite his illness, the accused was aware of his actions and deliberately chose to conduct himself in a “grossly reckless” manner.

► Author: Ian Allen | Research credit: P.C.| Date: 24 April 2023 | Permalink

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America’s most senior intelligence officer says its classification system is broken

January 28, 2022 by Leave a comment

Avril HainesTHE MOST SENIOR INTELLIGENCE officer in the United States has said in a letter that the nation’s system of classification is flawed and undermines its national security. This view was expressed by Avril Haines, who heads the Office of the Director of National Intelligence, the body that directs and coordinates America’s 18 intelligence agencies. Haines, 52, was appointed to the position last year by President Joe Biden, and is seen as a potential reformist of the US intelligence community.

Haines stated her view on classification in a letter sent to two Senators, Jerry Moran (R., Kan.) and Ron Wyden (D., Ore.). The letter was in response to a formal query submitted by the two members of Congress. The query concerns the mounting backlog of classified information that is currently awaiting declassification on historical or ‘right-to-know’ legal processes. The latter require government agencies to release information to the public domain.

Some of the contents of Haines’ letter, marked “for official use only”, were reported on Thursday by The Wall Street Journal. According to the paper, Haines opined that “deficiencies in the current classification system undermine our national security, as well as critical democratic objectives, by impeding our ability to share information in a timely manner”. This affects the work of policy makers, the public’s perception of the American system of government, and the nation’s ability to share critical information with its allies, said Haines.

What is more, ongoing efforts to limit the “exponential growth” of classified information in government vaults “are simply not sufficient”. This is “a fundamentally important issue that we must address”, said Haines. In an essay she authored shortly before becoming Director of National Intelligence, Haines had criticized the government’s tendency to overclassify information, claiming that “it actually encourages leaking”. In response to Haines’ letter, Senators Moran and Wyden issued a statement saying the DNI “clearly recognizes that the current broken classification system harms US national security while eroding the public’s trust in government”.

► Author: Joseph Fitsanakis | Date: 28 January 2022 | Permalink

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New Zealand judge refuses to disclose identities in rare espionage case

September 27, 2021 by Leave a comment

New Zealand Defence Force

A JUDGE IN NEW Zealand rejected on Monday a request by news media to lift the ban on the identity of a soldier, who was arrested nearly two years ago for allegedly spying for a foreign country. The soldier was arrested in December of 2019, and is being prosecuted under New Zealand’s 1961 Crimes Act. It is the first time in the post-Cold War era that this act has being used to prosecute someone in New Zealand.

The accused is facing a total of 17 charges, including six counts of espionage and attempted espionage, three counts of accessing a computer system for a dishonest purpose, and two counts of possessing an objectionable publication. The latter charge is believed to relate to the accused’s alleged connection with far-right and white nationalist organizations in New Zealand and possibly Australia. This claim has not been confirmed, however.

Since the arrest of the soldier, his name, as well as that of his wife and of multiple witnesses for the government, have been suppressed by the court. Importantly, the country for which the accused allegedly spied for has also been suppressed. This was done at the request of the government of New Zealand, which claims that doing otherwise could imperil “the defense and security of New Zealand”. The government also argues that naming the country for which the accused is believed to have spied could harm New Zealand’s diplomatic relations with that country.

On Monday, during a pre-trial court-martial hearing in Palmerston North, in which the suspect appeared via video-link, the chief judge in the case decided to extend the suppression of the information about the identity of those involved. The judge, Kevin Riordan, said that the name suppression would be extended at least until the next pre-trial hearing, which has not yet been scheduled. The trial was initially due to begin on October 6, but has been postponed indefinitely, due to complications arising from the use of classified evidence that the government’s lawyers intend to present during the court case.

► Author: Joseph Fitsanakis | Date: 27 September 2021 | Permalink

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Unprecedented trial of ‘secret prisoner’ in Australia raises legal questions

December 9, 2019 by 1 Comment

Alexander Maconochie CentreAn unprecedented closed-door trial of a man identified only as “Witness J”, who was convicted earlier this year of a crime that cannot be revealed, has raised questions about the relationship between security and the law in Australia. The man, who is also known as “Prisoner 123458”, was sentenced to a jail sentence in February of this year. His sentencing came following a closed-door hearing, which was described by a judge as “generally undesirable” and “unusual”.

Witness J is believed to be in his mid-30s and to have served as an intelligence officer in the Australian military, with a Top Secret security clearance. According to ABC News, he served in Iraq, Afghanistan, and East Timor and had a distinguished service record. But he drew the attention of counterintelligence investigators in 2018, while undergoing a five-year re-evaluation of his security clearance status. During that time he was reportedly serving as a civilian in an undisclosed country in Southeast Asia.

ABC News said that “some anomalies in [Witness J’s] answers” —presumably while he was undergoing a polygraph test— raised further questions about whether “he could be compromised”. This, according to ABC News, coincided with the deterioration of his mental health, which led him to seek “internal help” from his employer on several occasions. Reportedly, his Top-Secret clearance status did not allow him to seek outside professional advice about his condition. Witness J was eventually jailed in mid-May 2018 and spent a month in solitary confinement. He was then placed in a high-security wing for serious sex offenders at the Alexander Maconochie Centre prison in Canberra. This was not because he was a sex offender, but because it was determined that he would be safer there than in the other wings of the prison.

In February of this year, Witness J was sentenced in a closed-door trial, held under the secrecy provisions of Australia’s 2004 National Security Act. Australia’s Attorney General, Christian Porter, told ABC that the information shared in Witness J’s hearing was “of a kind that could endanger the lives or safety of others”. The only reason why records of Witness J’s incarceration have appeared on the public record was because officers of the Australian Federal Police obtained a warrant to search his prison cell in order to confiscate a personal memoir that they allege the prisoner composed about his case during his incarceration.

It is believed that Witness J was released from prison in August of this year, 16 months before completing his sentence. He is not able to speak to the press, or identify himself in public in connection with this case. According to ABC News, he is only allowed to refer to his conviction as having been for “mishandling classified information”. Several experts have commented on the secret trial of Witness J One expert, Bret Walker, a barrister and former independent national security legislation monitor, told “ABC News that the case of Witness J was “a perfectly well-intentioned piece of national security legislation might not be operating in the way one would like”.

► Author: Ian Allen | Date: 09 December 2019 | Permalink

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Israel extends intelligence document classification period to 90 years

February 6, 2019 by Leave a comment

MossadThe government of Israel has increased to 90 years the period during which documents belonging to intelligence and security agencies can remain secret, extending it by 20 years. Until last month, government documents produced by Israeli spy agencies, such as its external spy organization, the Mossad, or its domestic security agency, the Shin Bet, could remain hidden from public view for up to 70 years. Last year, however, the administration of Prime Minister Benjamin Netanyahu commissioned a study into the possibility of extending the classification period for such documents. Israel’s Supreme Council of Archives, a body within the Israel State Archives that advises the Office of the Prime Minister on matters of classification, recommended against extending the classification period by more than five years.

Last month, however, Netanyahu rejected the recommendation of the Supreme Council of Archives and managed to pass an amendment to the classification regulations that will keep documents secret for 90 years from now on. The existence of the amendment was revealed publicly for the first time on Monday of this week. In addition to agencies such as the Mossad and the Shin Bet, the extended regulation will also apply to several cyber-oriented military units, as well as to government-run research institutes and commissions, including the Israel Institute for Biological Research and the Israel Atomic Energy Commission. The Israeli newspaper Ha’aretz, which published news of the amended regulation on Tuesday, said that documents from 1949, the year that the Shin Bet and the Mossad were founded, would normally have been published this year. But now they will remain hidden from public view until 2039. Documents relating to more recent cases, such as the death of Ben Zygier, Mossad’s so-called ‘prisoner X’, or the assassination of Hamas arms procurer Mahmoud al-Mabhouh in Dubai, which took place in 2010, will not be released until 2100.

The office of President Netanyahu said on Monday that the goal of the amendment was to protect Israel’s assets and informants who remain alive, or their descendants in foreign countries. It added that many documents produced by Israel’s spy agencies described operational methods that were “still in use today” and could therefore “harm national security”. Last but not least, said the Prime Minister’s Office, some of the information in classified documents “could harm Israel’s foreign relations”. The statement did not elaborate on these claims.

► Author: Joseph Fitsanakis | Date: 06 February 2019 | Permalink

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Dead Russian oligarch’s links to UK spy agencies must stay secret, judge rules

September 19, 2018 by 1 Comment

Aleksandr PerepilichnyA judge has ruled that the British government has the right to withhold information relating to alleged links between British spy agencies and a Russian millionaire who died in mysterious circumstances in England. Aleksandr Perepilichny was a wealthy and influential investment banker living in Moscow. In 2009, however, he fled Russia saying that his life had been threatened following a business disagreement. He resettled in Surrey, south of London, and began cooperating with Swiss authorities who were investigating a multimillion dollar money-laundering scheme involving senior Russian government officials. Described by some as the biggest tax fraud in Russian history, the scheme is said to have defrauded the Russian Treasury of at least $240 million.

On November 10, 2012, having just returned to his luxury Surrey home from a three-day trip to France, Perepilichny went out to jog. He was found dead later that evening, having collapsed in the middle of a side street near his house. He was 44. A postmortem examination concluded that Perepilichny had died of natural causes and pointed to the strong possibility of a heart attack. However, lawyers representing the late businessman’s family told a pre-inquest hearing that Perepilichny stomach was found to have traces of gelsemium, a shrub-like plant that is a “known weapon of assassination [used] by Chinese and Russian contract killers”.

The case is now being revisited following the failed attempt last March, allegedly by the Kremlin, to assassinate Sergei Skripal, a Russian former spy who defected to England in 2010. For the past several months, submissions have been filed for an inquest into Perepilichny’s mysterious death. But the British government said that it would not reveal any information relating to possible contacts between the late Russian businessman and British intelligence. The question was raised in June by lawyers representing Legal and General, Perepilichny’s life insurance company. They argued that if Perepilichny had close dealings with British intelligence, it would have raised significantly the threat that his life was under. But British Home Secretary Sajid Javid argued that releasing documents implicating the intelligence services with the late Russian businessman would endanger national security.

On Monday the judge leading the inquest into Perepilichny’s death ruled in favor of the British government’s position. The judge, Nicholas Hilliard QC, has security clearance and was therefore able to review the relevant evidence behind closed doors, during a secret session. He then ruled that “publicly releasing intelligence information [relating to Perepilichny] would pose a real risk of serious harm to national security”. Critics argue that the Skripal case has heightened public interest in Russian covert activities on British soil and that the public has the right to know whether the death of Perepilichny was in any way connected to the intelligence realm. The inquest continues this week.

► Author: Joseph Fitsanakis | Date: 19 September 2018 | Permalink

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

July 21, 2015 by Leave a comment

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: https://intelnews.org/2015/07/21/01-1739/

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

July 15, 2015 by Leave a comment

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: https://intelnews.org/2015/07/15/01-1735/

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CIA kept file on American academic Noam Chomsky, say experts

August 14, 2013 by 5 Comments

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

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News you may have missed #840

June 7, 2013 by 3 Comments

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.

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MI5 wants secret court session over IRA informant’s lawsuit

May 7, 2013 by 9 Comments

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

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Pakistan secretly helped CIA drone strikes (act surprised)

April 10, 2013 by 1 Comment

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

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French spy agency forced Wikipedia volunteer to delete entry

April 9, 2013 by 3 Comments

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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Court rejects release of spy records on iconic Canadian politician

March 29, 2013 by 4 Comments

Tommy DouglasBy JOSEPH FITSANAKIS | intelNews.org |
Canada’s highest court has rejected a legal argument in favor of releasing surveillance records on Tommy Douglas, an iconic Canadian politician who was monitored for most of his life by the security services. Douglas was a Scottish-born Baptist minister who later became the leader of the New Democratic Party and Premier of the Canadian province of Saskatchewan. Under his Premiership, which lasted from 1944 to 1961, Saskatchewan’s government became the first democratic socialist administration in North America and the first in the Americas to introduce a single-payer universal healthcare program. But Douglas, who is widely recognized as the father of Canada’s healthcare system, was under constant surveillance by Canadian intelligence throughout most of his life. Government records show that the now-defunct Security Service of the Royal Canadian Mounted Police (RCMP) began monitoring the socialist politician shortly before the outbreak of World War II. It appears that, in the political context of the Cold War, Douglas had drawn the attention of Canada’s security establishment by supporting antiwar causes, which led some to suspect him of holding pro-communist sympathies. The government surveillance, which was at times extensive, lasted until shortly before the politician’s death in 1986. Under Canada’s legal system, security dossiers on individuals are typically released 20 years after the target’s death. However, even though several hundred pages from Douglas’ dossier have already been released, many hundreds more remain secret. In 2005, Canadian Press reporter Jim Bronskill launched a legal campaign aimed at securing the release of the remaining pages in Douglas’ dossier. His campaign is supported by Douglas’ family, notably Douglas’ daughter, Shirley. But the Canadian government has resisted Bronskill’s effort from the very beginning. Read more of this post

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News you may have missed #819 (UKUSA edition)

December 25, 2012 by Leave a comment

Charles E. AllenBy IAN ALLEN | intelNews.org |
►►Aussie spies’ exemption from Freedom of Information laws to end? Currently, all Australian intelligence agencies are exempt from the operation of federal Freedom of Information (FOI) legislation that allows the public and journalists to seek access to government records. But now Australian Information Commissioner John McMillan has called for the intelligence agencies to no longer be exempted from FOI laws. Professor McMillan and FOI Commissioner James Popple have made the recommendation in a 97-page submission to the review of FOI laws by former Defence Department secretary and diplomat Allan Hawke.
►►US spy agencies move towards single super-cloud. The US intelligence community is developing a single cloud computing network to allow all its analysts to access and rapidly sift through massive volumes of data. Now in its eighth month, the goal of the effort is to connect the Central Intelligence Agency’s existing cloud to a new cloud run by the National Security Agency. This NSA-run network consists of five other intelligence agencies and the FBI. Both of these clouds can interoperate, but the CIA has its own unique needs because it must work with human intelligence, which necessitates keeping its cloud slightly separate, according to Charles Allen, formerly Undersecretary of Homeland Security for intelligence and analysis.
►►Canadian Army struggles with intelligence-gathering. The Canadian Army is trying to hold on to its intelligence-gathering capability and its ability to disrupt spying in the face of budget strain, according to documents from the Canadian Department of National Defence. The Canadian Press, which obtained the documents, says the Army is “anxious to protect HUMINT network and to better resource its counterintelligence abilities”, but is worried that its shrinking budget in the post-Afghanistan War era will cause “degradation” in those disciplines.

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