Shooting the Messenger
eBook - ePub

Shooting the Messenger

Criminalising Journalism

  1. 244 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

Shooting the Messenger

Criminalising Journalism

About this book

If the Al-Qaeda terrorists who attacked the United States in 2001 wanted to weaken the West, they achieved their mission by striking a blow at the heart of democracy.

Since 9/11 governments including those of the USA, the UK, France and Australia have introduced tough, intimidating legislation to discourage the legitimate activities of a probing press, so greatly needed after the Iraq War proved that executive government could not be trusted.

Often hiding behind arguments about defending national security and fighting the war on terror, governments criminalised legitimate journalistic work, ramping up their attacks on journalists' sources, and the whistle-blowers who are so essential in keeping governments honest.

Through detailed research and analysis, this book, which includes interviews with leading figures in the field, including Edward Snowden, explains how mass surveillance and anti-terror laws are of questionable value in defeating terrorism, but have had a 'chilling effect' on one of the foundations of democracy: revelatory journalism.

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1
AN ISLAND OF HOPE
On 9 October, 1986, US President Ronald Reagan climbed aboard Air Force One for the five-hour and 20-minute flight from Andrews Air Force Base just outside Washington to the Iceland capital, Reykjavik. As the aircraft climbed into the autumn sky Reagan was already being briefed for what lay ahead. The Cold War had almost turned hot a few years earlier when the Soviet Union believed the US was about to launch a nuclear attack, and prepared to launch a counter-strike. Reagan was on his way to meet the newly elected Secretary General of the Soviet Union, Mikhail Gorbachev. Publicly it was just a meeting as a preliminary basis for discussions about nuclear arms control. But Reagan had another plan: to negotiate a nuclear arms reduction treaty, which some hoped might rid the world of atomic weapons forever. What happened during two days in October 1986 in Reykjavik did not eliminate nuclear weapons, but it did lead to negotiations which would in the end eliminate Intermediate Nuclear Forces (INF) – short range land based missiles – and, it is argued, helped thaw the frigid relations between Washington and Moscow which until then had been as dark and full of foreboding as an Icelandic winter. As Gorbachev told his foreign secretary on the flight back from Reykjavik to Moscow, before Reykjavik the ‘conversation was only about limiting nuclear arms. Now it is about reduction and liquidation [of those].’1 The choice of Reykjavik as the site of the summit was portrayed at the time as a symbolically midway point between the two nations – a place where in the event of a nuclear war the opposing missiles would cross paths not far away. However, Reykjavik was anything but neutral turf. Right next to the Keflavik airfield where President Reagan landed on that drizzly autumn day was a North Atlantic Treaty Organization (NATO) base, and not far away, a major eavesdropping facility run by the US Naval Security Group, part of the largest surveillance system in the world, the US National Security Agency (NSA). The Reykjavik base operated a program code named Classic Bullseye. Its ground-based antennas and wire fences structured in two huge circles acted as a ‘range finger’ to identify the location of Soviet electronic transmissions, such as radar and communications. This information – and data from undersea listening devices – helped US maritime spy planes discover the position of Russian submarines as they crossed over international telecommunications cables snaking across the ocean floor, carrying data and voice traffic from Canada, through Greenland, Iceland and on to Europe. At least some of the Soviet subs were seeking an opportunity to break into the cable to plant listening devices. They also had another mission as they made their way south-west from the Soviet port of Murmansk: eavesdropping on military and industrial communications off the coast of the US, gathering signals intelligence.
As the world increasingly embraced digital communications, Iceland was among the first to realise their incredible potential. Sitting at a mid-point between North America and Europe, the tiny island of slightly more than 330,000 people had swiftly embraced the use of high speed internet. In 2007 the town of Seltjarnarnes became the first place in the world where every member of a community had access to fibre optic communications. By 2009 Iceland was number one in the world for internet use. It was a natural place for an internet provider to set up shop. Strategically placed in a perfect time zone to serve a huge part of the world’s major capitals, Iceland’s cheap carbon neutral electricity, produced from natural hot springs, kept the cost of the power-hungry computer systems to a minimum. Even its cool climate made it a perfect place to maintain servers which generated a huge amount of heat. Telecommunications companies, sensing the advantage, began upgrading the links to Iceland with super high-speed fibre optic cables.
Whether or not Iceland’s internet capability was aided by the presence of the US military base and its spying program is still debated. What is clear is the internet helped open up Iceland to the rest of the world and the rest of the world to Iceland. What emerged was perhaps predictable for a nation that for centuries has fought to harness its harsh natural environment. Iceland would become a major player in a battle just as demanding: support for challenging journalism, and the democracy it underpins.
The issue of self-determination runs deep in the Icelandic body politic. Not until 1944 did the country win its complete independence from Denmark, the nation that had ruled it since 1814. A binding plebiscite found that 95 per cent of voters wanted to establish an Icelandic Republic. Five years later the Cold War intervened in the fledgling nation’s first steps and despite riots in the streets, in 1951 the Icelandic government signed an agreement for US troops – who had left the country seven years earlier after the Second World War – to return. It was the beginning of a prolonged period of military ping-pong. In September 2006, with the Cold War a distant memory, the foreign troops again moved out. Then, late in 2016, with Russia reasserting its presence in the world, the US government announced it again wanted to reopen its base at Keflavik. If Iceland had become an index for the earth’s military pressure points it was also about to become an indicator of a completely different phenomenon, but the issue was just as dangerous.
In its 2005 annual report the Central Bank of Iceland was particularly upbeat in its assessment of the country’s economic performance. Iceland had ‘experienced one of the highest growth rates of GDP among OECD countries’,2 it said. In 2004 the country’s GDP had risen by 6.1 per cent. The bank was positive about the country’s financial system too. It was ‘equipped to withstand shocks to the economy and financial markets’.3 But all was not as it seemed. Barely two years later, when the greatest financial crisis since the Depression of the 1930s swept across the world, the economy of the smallest member of the OECD crashed with a horrific thud. This confluence of financial failure and the rise of the internet would produce an unlikely outcome.
On 1 August, 2009, Birgitta Jonsdottir settled down to watch the local 7 p.m. news in Reykjavik. Jonsdottir, an unusual mixture of computer programmer, poet and anarchist, had exchanged her street demonstration skills for parliamentary process. Just four months earlier she had been elected to the Icelandic parliament as a member of The Movement, a political party that campaigned for democratic reform ‘beyond the politics of left or right’.4 She had risen to power on a wave of public concern about how Iceland had suffered so badly during the global financial crisis. It had been hit worse than most other countries and was left close to insolvency.
One of Iceland’s major savings banks had been among the first to harness the power of the internet and produce online banking. Called Icesave, it had attracted 350,000 investors in the UK and the Netherlands, with £4.5 billion of deposits. But the financial crash had destroyed its investments and now it was owned by the Icelandic government, which was keeping it afloat. With Iceland’s tiny population the debts alone were enough to take the country to the brink of insolvency. As the short days of winter turned into the near never-ending days of summer, it was estimated that the local population faced the dreadful likelihood that the equivalent of every man, woman and child in the nation would have to pay up US $50,000 each to bail out the bank. With unemployment increasing and the economy in rapid decline, Iceland stood on the brink of economic collapse. Other banks had been in trouble too. Iceland’s largest bank, Kaupthing, received a €700 million loan from Iceland’s Central Bank, announcing that it was ‘committed to working with the government to ensure regular workings of the Icelandic financial system’.5 In other words, with all that debt, if Kaupthing failed Iceland’s finances would be in tatters. Any hopes that Icelanders could be guaranteed the benefits of a stable nation state, with a strong social security net and free public health and public education programmes, were now seriously threatened. Most people understood what was at risk, but they had no idea what had actually gone on inside the secretive banking system.
Iceland had experienced a boom like none other in its history. Stefan Olafsson, an Icelandic professor called it ‘probably the most rapid expansion of a banking system in the history of mankind’.6 The country had been awash with cash. Imported cars jammed the roads; consumer goods flooded in. Bang and Oulfsen sold more television and sound systems in Reykjavik than any other city apart from Moscow. Now, with the economy laid waste, Iceland was friendless. The US would not support its banks, neither would the Europeans, who were demanding vast amounts of money from the Icelandic Government to cover the banking debts. In what became indicative of how legislation passed in the heat of the moment could have far-reaching and unintended applications, Britain invoked anti-terrorism laws, passed after the 2001 attacks on the US, to freeze the assets of Iceland’s banks in the UK.
At the local TV station, Kristinn Hrafnsson, an investigative journalist, was unusually flustered. A few weeks earlier Hrafnsson had received a tip that a then little-known website, WikiLeaks, was about to publish a document which might interest him. It involved one of the financial institutions bailed out by the Icelandic government, the Kaupthing bank. What the WikiLeaks document – the bank’s ‘loan book’ – revealed was shocking even by the standards of the global financial crisis, which had come close to destroying the world economy. It showed that borrowings of billions of dollars made by customers of the bank were backed by virtually no security at all. The leaked documents revealed the bank had loaned billions of euros to its major shareholders, including a total of €2 billion to a company with large shareholdings in the bank and subsidiaries meaning it now owned nearly a quarter of the bank. The biggest borrowers had no collateral at all.
Working swiftly, Hrafnsson put his scoop together for that evening’s news broadcast. It was a classic story of insider trading, with the public being asked to bail out the bank because it was too big to fail. But just before the TV news titles rolled the bank’s lawyers intervened, managing to secure an injunction to stop the broadcast. Under legal pressure, the station pulled the story, and all its newsreader could do was point viewers to the WikiLeaks website. It was a significant moment, showing how information could bypass the old legal gatekeepers who had controlled the dissemination of information for so long.
Jonsdottir, like many Icelanders, was furious. She wondered why it took so long for the information about the bank’s practices to be revealed – and why it had come from a website she’d never heard of before. Whoever had done the leaking was well informed and courageous.
There were other questions too about how it was possible for an Icelandic court to prevent the publication of information that had already been published on the internet. For although the Kaupthing bank had managed to stop Kristinn Hrafnsson, there wasn’t an Icelander with even the vaguest interest in the future of their country who did not know about the contents of the WikiLeaks cable.
If the banks were friendless in Iceland, it was just the opposite for WikiLeaks. It seems that the people and WikiLeaks realised they were fighting the same battle. Despite the legal trickery which saw the Kaupthing bank story stopped at the last moment, Iceland has some of the most robust freedom of speech laws in the world. The Icelandic Constitution outlaws censorship and Reporters Without Borders once described the country as having the freest media in the world. The Icelandic population could not have been more grateful to WikiLeaks for the revelations. The organisation was being spoken of in near reverential terms. Just a few weeks later, in late 2009 WikiLeaks founder Julian Assange and his then deputy Daniel Domscheit-Berg, were invited to be the guests of honour at a conference in Reykjavik organized by the Digital Freedom Society, an internet activist group. Assange, fond of quoting Rahm Emanuel, President Obama’s former Chief of Staff – famous for saying a good crisis should never be wasted – laid out an audacious blueprint to protect WikiLeaks. He suggested embracing the systems multinational corporations, intelligence agencies and the very wealthy used to hide their activities from scrutiny:
If you look at how multinational organisations move their tax structuring through offshore jurisdictions or just through trusts within countries like the UK, we have to do the same thing in order to protect our sources [from] malicious, vexatious lawsuits affecting our ability to continue.7
Assange said donations needed to be anonymized through offshore bank accounts, so that security equipment such as encrypted telephones, internet infrastructure and postal addresses could be rented, without the funds being traceable. He argued that if you wanted to publish high-level material like WikiLeaks without suffering vexatious lawsuits, there was no choice but to use trusts or international cross jurisdictional arrangements to protect the organisation. He said the issue was not evading a judicial system but preserving an organisation’s ability to continue to publish while the judicial process played out. Most big organisations would drop their cases before they got to final judgement but they wanted to force publishers, like WikiLeaks, to bleed financially in the meantime. The idea of Iceland being a sanctuary for freedom of speech had first been raised at the conference exactly one year earlier by a founder of the Electronic Frontier Foundation and lyricist for the 1970s rock band the Grateful Dead, John Perry Barlow. Jonsdottir recalls Barlow took the ‘essence of the mess we were in because of the lack of transparency’8 and used the ‘notion of Switzerland in a reverse way’.9 Iceland would become ‘the Switzerland of bits’.10
Ironically, WikiLeaks, whose motto is ‘Sunlight is the best disinfectant’ had chosen to launch its grand scheme just before Christmas in the depths of an Icelandic winter when the Arctic sun barely lifts above the horizon.
Impressed by their ideas, Jonsdottir, who made her speech on freedom of information and digital copyright, could see plenty of opportunities for WikiLeaks and her party to work together on the issue that united them both: whistleblowing and the protection of sources.
Over tapas at a local Spanish restaurant, Jonsdottir and her political allies discussed drawing up a shopping list to identify the best laws from tax havens and legal entities which protected freedom of speech, and adapt them to provide a safe haven, particularly for those involved in the legally hazardous business of investigative journalism. Jonsdottir wanted to make a ‘legal shield’11 for both whistle-blowers and sources. Just as important for journalists would be a guarantee that internet service providers managing the servers containing the journ...

Table of contents

  1. Cover
  2. Half-title Page
  3. Title Page
  4. Copyright
  5. Contents
  6. Acknowledgements
  7. Introduction
  8. 1 An island of hope
  9. 2 Heart of darkness
  10. 3 Spin and deception
  11. 4 The truth teller
  12. 5 An untimely collapse
  13. 6 Shielding the source
  14. 7 Spies, lies and US industries
  15. 8 Truth to power
  16. 9 The clampdown
  17. 10 The chilling effect
  18. 11 Too much information
  19. 12 Whose side are you on?
  20. 13 Shooting the messenger
  21. Index

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