Hammond calls his 10-year sentence a ‘vengeful, spiteful act’ by US authorities eager to put a chill on political hacking

‘I knew when I started out with Anonymous that being put in jail and having a lengthy sentence was a possibility,’ Hammond said. Photo: AP

Jeremy Hammond, the Anonymous hacktivist who released millions of emails relating to the private intelligence firm Stratfor, has denounced his prosecution and lengthy prison sentence as a “vengeful, spiteful act” designed to put a chill on politically-motivated hacking.

Hammond was sentenced on Friday at federal court in Manhattan to the maximum 10 years in jail, plus three years supervised release. He had pleaded guilty to one count under the Computer Fraud and Abuse Act (CFAA) flowing from his 2011 hack of Strategic Forecasting, Inc, known as Stratfor. In an interview with the Guardian in the Metropolitan Correction Center in New York, conducted on Thursday, he said he was resigned to a long prison term which he sees as a conscious attempt by the US authorities to put a chill on political hacking.

He had no doubt that his sentence would be long, describing it as a “vengeful, spiteful act”. He said of his prosecutors: “They have made it clear they are trying to send a message to others who come after me. A lot of it is because they got slapped around, they were embarrassed by Anonymous and they feel that they need to save face.”

Most pointedly, Hammond suggested that the FBI may have manipulated him to carry out hacking attacks on “dozens” of foreign government websites. During his time with Anonymous, the loose collective of hackers working alongside WikiLeaks and other anti-secrecy groups, he was often directed by a individual known pseudonomously on the web as “Sabu”, the leader of the Anonymous-affiliated group Lulzsec, who turned out to be an FBI informant.

Hammond, who is under court orders restricting what he says in public, told the Guardian that Sabu presented him with a list of targets, including many foreign government sites, and encouraged him to break into their computer systems. He said he was not sure whether Sabu was in turn acting on behalf of the FBI or other US government agency, but it was even possible that the FBI was using Sabu’s internet handle directly as contact between the two hackers was always made through cyberspace, never face-to-face.

“It is kind of funny that here they are sentencing me for hacking Stratfor, but at the same time as I was doing that an FBI informant was suggesting to me foreign targets to hit. So you have to wonder how much they really care about protecting the security of websites.”

In the interview, conducted in a secure prison meeting room hours before the 28-year-old Chicagoan was sentenced, he was sanguine about his prospects. “I knew when I started out with Anonymous that being put in jail and having a lengthy sentence was a possibility. Given the nature of the targets I was going after I knew I would upset a lot of powerful people.”

Dressed in a brown prison jump suit, and with a long wispy goatee and moustache (he planned to shave both off before the sentencing hearing), Hammond was scathing about the way the CFAA was being twisted in his view for political ends. “They are widening the definition of what is covered by the Act and using it to target specifically political activists,” he said.

He invoked the memory of Aaron Swartz, the open-data crusader who killed himself in January while awaiting trial under the CFAA for releasing documents from behind the subscription-only paywall of an online research group. “The same beast bit us both,” Hammond said. “They went after Aaron because of his involvement in legitimate political causes – they railroaded charges against him, and look what happened.”

Hammond has been in custody since March 2012 having been arrested in Chicago on suspicion of the Stratfor leak of millions of emails that were eventually released by WikiLeaks as the Global Intelligence Files. His sentence is an indication of the aggression with which prosecutors have been pursuing political hackers in the US – other Anonymous members in Britain involved in the breach of Stratfor were sentenced to much shorter jail terms.

Hammond stressed that he had not benefitted personally in any way from the Stratfor email release, that exposed surveillance by private security firms on activists including Anonymous members themselves, Occupy protesters and campaigners in Bhopal, India involved in the push for compensation for victims of the 1984 industrial catastrophe. “Our main purpose in carrying out the Stratfor hack was to find out what private security and intelligence companies were doing, though none of us had any idea of the scale of it.”

Paradoxically, Hammond insists that he would never have carried out the breach of Stratfor’s computer system had he not been led into doing it by Sabu – real name Hector Xavier Monsegur – the fellow hacker who is himself awaiting sentencing having pleaded guilty to 12 hacking-related criminal charges. “I had never heard of Stratfor until Sabu brought in another hacker who told me about it. Practically, I would never have done the Stratfor hack without Sabu’s involvement.”

Hammond discovered that Monsegur was an FBI informant the day after his own arrest. As he was reading the criminal complaint against him, he saw quotes marked CW for “co-operating witness” that contained details that could only have come from Sabu.

“I felt betrayed, obviously. Though I knew these things happen. What surprised me was that Sabu was involved in so much strategic targeting, in actually identifying targets. He gave me the information on targets.”

Part of Sabu’s interest in him, he now believes, was that Hammond had access to advanced tools including one known as PLESK that allowed him to break into web systems used by large numbers of foreign governments. “The FBI and NSA are clearly able to do their own hacking of other countries. But when a new vulnerability emerges in internet security, sometimes hackers have access to tools that are ahead of them that can be very valuable,” he said.

Looking back on his involvement with anonymous, the Chicagoan said that he had been drawn to work with Anonymous, because he saw it as “a model of resistance – it was decentralised, leaderless.” He grew increasingly political in his hacking focus, partly under the influence of the Occupy movement that began in Wall Street in September 2011 and spread across the country.

Chelsea Manning, the US soldier formerly known as Bradley who leaked a massive trove of state secrets to WikiLeaks now serving a 35-year sentence in military jail, was a major influence on him. Manning showed him that “powerful institutions – whether military or private security firms – are involved in unaccountable activities that the public is totally unaware of that can only be exposed by whistleblowers and hackers”.

Hammond has often described himself as an anarchist. He has a tattoo on his left shoulder of the anarchy symbol with the words: “Freedom, equality, anarchy”. Another tattoo on his left forearm shows the Chinese representation of “leader” or “army”, and a third tattoo on his right forearm is a glider signifying the hacking open-source movement that is drawn from the computer simulation Game of Life .

He says he plans to use his time in prison “reading, writing, working out and playing sports – training myself to become more disciplined so I can be more effective on my release”. As to that release, he says he cannot predict how he will be thinking when he emerges from jail, but doubts that he would go back to hacking. “I think my days of hacking are done. That’s a role for somebody else now,” he said.

Ed Pilkington in New York
theguardian.com, Friday 15 November 2013 17.12 GMT

Find this story at 15 November 2013

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Jeremy Hammond, the Chicago activist and hacktivist (an activist who uses computer networks for political
protests and other actions), was sentenced last week to 10 years in prison and three years of supervised release for hacking into the intelligence contractor Strategic Forcasting (or Stratfor) and other government, law enforcement and military suppliers’ websites.

The Stratfor hack resulted in a cache of 5.2 million leaked emails and account information for approximately 860,000 Stratfor subscribers and clients, including information from 60,000 credit cards. To list a few of the many revelations, the emails revealed domestic spying on activists, including Occupy Wall Street; surveillance through persona management programs or fake online personas (“sock puppets”); and attempts to link American activist and journalist Alexa O’Brien to al-Qaeda. The Stratfor hack pullled back the curtain on the ofttimes illegal goings-on in the shadowy world of intelligence contractors.

Mr. Hammond’s supervised release includes limited computer access and prohibits him using encryption and from associating with civil disobedience groups. The ban on encryption shows a fundamental misunderstanding of how the Internet works. Encryption is used in nearly every online transaction, such as email, social networking and online banking. The broad ban on freedom of association raises potential Constitutional issues. At the time of his arrest, Mr. Hammond was working under the banner of AntiSec, an offshoot of the hacktivist collective Anonymous.

Jeremy Hammond, American Political Prisoner, courtesy of @FreeAnons.

The packed courtroom looked more like a church wedding than a sentencing, with dozens of Westpoint cadets on a field trip sitting on the left and Mr. Hammond’s parents, friends and supporters — who caravanned from all over the U.S. to show solidarity for their fallen comrade — sitting on the right. Mr. Hammond, his attorneys, Sarah, Emily and Margaret Kunstler and Susan Kellman faced the stoic Judge Loretta Preska presiding over the solemn ceremony.

On September 10th I visited Jeremy Hammond at Manhattan Correctional Center where he had been incarcerated for 18 months. Mr. Hammond, who was denied bail, was also disallowed all visitors, including family members. I am the first journalist with whom Mr. Hammond met since his arrest in March 2012. This interview was held months before sentencing. At the request of Mr. Hammond’s attorneys, who feared his words would be used at sentencing against him, I delayed publishing.
____________________________

Vivien Lesnik Weisman: You are both a boots on the ground activist and a hacktivist. Can you explain hacktivisim, hacking for political purposes and off line activism?

Jeremy Hammond: Hackers are by nature critical of systems, hacking is activism. The very act of hacking is inherently activist and political.

VLW: How effective is activism without the added thread of technology, or hacktivism, in the modern world? Which is more effective?

JH: Hacking is never going to take the place of grassroots community organizing. They complement each other.

There is more to it of course than hacking. Hacktivism involves online social networking, sharing ideas. Protest is predictable; they know how to contain it. The government knows how to ignore it. Both direct action and civil disobedience are unpredictable. I’m all for it.

I see hacktivism as a direct action tool. Offensive hacking with political intent is really nothing more than one more direct action tool. What you do when you get the information is what determines its efficacy as a direct action tool.

And now because of the state of the world — foreclosures, the wars — hackers are becoming politicized. We break into systems and then movements like Occupy deliver the message. It all works together. There is street protest. There is direct action, and hacking is one more tool.

Subverzo, hacktivist, at post-sentencing rally, Foley Square. Photo credit: Still from The Reality Wars, A.J. Abucay DP

VLW: How did the decision to target the intelligence contractor, Stratfor, come about and what was your involvement?

JH: Another hacker, who has not been indicted and therefore I will not name, brought the vulnerability. He had the credit cards already, before I ever got involved, on the Dec 5th. He chose Stratfor and brought it to us. There were 12 of us in the IRC (chat room) at that time.

Stratfor was chosen by that hacker because Stratfor had targeted Anonymous and specifically #OpCartel (Anonymous action against Mexican drug cartels).

Then the 12 of us in a private IRC channel approved it on the merits, as a meritocracy, the Anon way.

None of the 12 in that chat room that included me and Sabu [hacker leader turned FBI informant] have ever been caught.

Amongst the 12 were not only hackers. Some were social media types who brought attention to the actions.

I did the Stratfor hack all by myself except for the original vulnerability. I was the main hacker in Anti-Sec.

Sabu refers to Hetcor Xavier Monsegur, hacker and leader of LulzSec, an offshoot of Anonymous. LulzSec was an elite hacker collective that obtained notoriety as much for their high profile targets as for their clever self-promotion. Sabu was arrested by the FBI and began working for them that day. The following day he announced the formation of AntiSec, “the biggest unified collective of hackers in history.” Both in private IRC and through his various public Twitter accounts he encouraged hackers to join AntiSec and commit hacking crimes. Many hacktivists and rights organizations see these — including the Statfor hack — as government created crimes given that Sabu was working for his FBI handlers at the time he was inciting hackers to join AntiSec. After Sabu was turned, all of his actions can be seen as government actions. In essence, the name Sabu and the government can be used interchangeably in this context.

He is responsible for the arrests of many Anons including Jeremy Hammond.

Hector Xavier Monsegur Jr, hacker known by his nom de guerre Sabu, FBI informant.

VLW: Did you ever suspect that Sabu was a Fed (FBI informant) before that became public?

JH: I was in a chat room with 12 hackers. Chances are someone in there was a Fed. I don’t work with anyone who has not taken risks alongside me. Sabu had taken risks and hacked himself. Still, I could have done this all on my own. I was the main hacker in Anti-Sec.

VLW: And that hacker who provided the exploits also came with the credit cards? And were the credit cards live?

JH: Yes. The credit cards were live. We all spoke on Dec 6th and planned a coordinated day of action when we would choose charities and use the credit cards to make donations for Christmas to these charities, Christmas donations.

VLW: LulzXmas?

JH: Yes.

Jeremy Hammond is often referred to as a digital Robin Hood for his participation in LulzXmas. Margaret Ratner Kunstler, Hammond’s attorney, clarified that her client did not himself make any donations or use the credit cards. He also did not personally profit from the hacked credit cards.

JH: But our main focus was the emails, to reveal the spying. Stratfor was spying on the world. We revealed the anti-WikiLeaks actions by Stratfor. Stratfor was spying on Occupy Wall Street, WikiLeaks, and Anonymous.

We didn’t even know about the Venezuelan coup discussions proving U.S. involvement in the attempted coup until we saw that in the Strafor emails later.

It was all revealed on WikLeaks but I had moved on. I’d rather be hacking.

[He smiles.]

VLW: There is speculation that the Stratfor hack was designed by the government and carried out by their informant Sabu as an attempt to entrap Julian Assange by getting him to solicit information or even sell him information. Were you aware of such a plan and if so did you make a conscious decision to foil that plan by dumping on the Pirate Bay before the transaction could be completed?

JH: No, that did not happen. Julian Assange and WikiLeaks was not a factor.

In fact, many hacktivists make the claim that the Stratfor hack was designed to entrap Julian Assange. Hammond is not necessarily in a position to know whether that was the case or not.

VLW: Stratfor was notified by the government that they had been penetrated and told to do nothing. Why did they allow Stratfor to be sacrificed?

JH: We do not know to what degree they notified Stratfor. Interesting question, but we don’t know.

VLW: Why did the Stratfor hack take so long to complete? And why destroy the servers?

JH: I had to get to the mail servers. It takes time. We always destroy the servers.

First you deface, then you take the information, then you destroy the server, for the Lulz [for fun], and so they can’t rebuild the system. We don’t want them to rebuild. And to destroy forensic information that could be used to find out who did it and how it was done.

VLW: What are your preferred targets?

JH: My preferred targets are military contractors, military suppliers and law enforcement.

VLW: Intelligence contractors like Stratfor?

JH: Tech intelligence firms are a preferred target. Tech firms — where white hat hackers are paid to target the 99% for their corporate overlord clients.

Chris Hedges, journalist, TruthDig columnist, speaks at Hammond Rally. Photo credit: Still from The Reality Wars, A.J. Abucay DP

Those firms also contain the keys to their corporate clients so there is a big payoff — Endgame Systems and Palantir, for example.

Endgame Systems is the subject of much discussion. Engame Systems is self-described as providing offensive and defensive vulnerability research, mitigation of cyber-threats and cyber operations platforms. It is in the business of selling “zero day exploits.” That is, the vulnerabilities that have not yet been detected. According to a Business Week article, these zero day exploits are militarized and include entire blueprints of the computer systems of airports and other critical infrastructure including that of our western allies for example Paris’s Charles De Gaulle Airport. It is difficult to see how the sale of these exploits makes us more secure.

A package of these zero day exploits can be purchased for 2.5 million dollars a year. The price list was revealed in a cache of emails in the HBGary hack, an earlier Anonymous operation. Endgame weaponry is sold by region — China, the Middle East, Russia, Latin America, and Europe. There are even target packs for European and other allies. That raises the question of whether these exploits are being sold to foreign actors. Even if not sold directly to enemies of the U.S., cyber munitions like conventional arms have a way of showing up in unintended places. Once these exploits are out there they are vulnerable to rouge hackers and rogue states.

JH: White hat hackers are being paid to do supposedly defensive actions but they are offensive. White hat hackers are supposed to identify a vulnerability and then announce. But instead they sell the vulnerability, the exploits. So if you hack for the thrill it’s not ok. But for money, like Endgames, then somehow it is. And instead of going to jail for hacking you get awarded a government contract.

At least, the NSA is supposed to — and that is a big “supposed to” — have some kind of government oversight and again that’s overstated; these government contractors, intel firms and tech firms like Stratfor have no oversight whatsoever. They are not bound by any laws. They are above the law. No FOIA (request for classified or other non-public information from the government under the Freedom Of Information Act) can compel them to reveal what they do. Rogue hackers have better access to vulnerabilities than government hackers.

VLW: That reminds me of The Conscience of a Hacker by the Mentor. Did you read that?

Known as the Hacker Manifesto, it could just be Jeremy Hammond’s ethos.

It reads:
You build atomic bombs, you wage wars, you murder, cheat, and lie to us and try to make us believe it’s for our own good, yet we’re the criminals.

Yes, I am a criminal. My crime is that of curiosity. My crime is that of judging people by what they say and think, not what they look like.

My crime is that of outsmarting you, something that you will never forgive me for. I am a hacker, and this is my manifesto. You may stop this individual, but you can’t stop us all… after all, we’re all alike.

JH: From the 90’s? You hate me because I’m better than you are. Yeah, yeah.

[He smiles.]

Citizen journalist/activist and Hammond supporter Tara Jill Livestreams outside the court house. Photo credit: Still from The Reality Wars, A.J. Abucay DP

VLW: What do you think about the new battlefield, or cyberwarfare?

JH: The government calls it cybersecurity, but it’s really offensive hacking not just defensive.

The Department of Defense deals in war and aggression but it is not called Department of War is it? The government calls what they do mitigation of the threat of a cyber offensive. But these are offensive acts. They are acts of war. This is the new terrain. The new battlefield.

The war is on and it’s for the Internet. They spy on us, they spy on others, intellectual property rights wars, censorship….

For example, when encryption first came out PGP (Pretty Good Privacy, the first publicly available encryption software) it was called a munition and they immediately tried to ban it.

Encryption is part of our arsenal. It trumps the surveillance state.

As Mr. Hammond was waiting to be handcuffed in order for me to be escorted out of the small room at Manhattan Correctional Center where Mr. Hammond and I had conversed for over 4 hours, I asked him one last question.

VLW: You want to challenge the political system in the US and the world with technology. Is technology your weapon in the same way rifles were weapons in the past? Are you willing to die for your cause?

Handcuffed and standing before me with the guard awaiting my exit he pondered the question. As the guard ushered me out he responded.

JH: Die for my cause? Yes.
Go to prison, die for my cause… or choose to live a life of submission.
____________________________

Mr. Hammond’s bold and principled stand is sure to inspire others to make a similar choice.

This is part one of a two part article.

I am currently working on The Reality Wars, a feature length documentary about the targeting of activists, hacktivists and journalists by the US government and the nexus between intelligence contractors and the surveillance state. Jeremy Hammond and the Stratfor hack are covered in my film.

Posted: 11/19/2013 10:18 am

Find this story at 19 November 2013

© 2013 TheHuffingtonPost.com, Inc.

Cyber-activist Jeremy Hammond was sentenced to 10 years in federal prison this morning by Judge Loretta A. Preska in a federal courtroom in lower Manhattan for hacking the private intelligence firm Stratfor. When released, Hammond will be placed under supervised control, the terms of which include a prohibition on encryption or attempting to anonymize his identity online.

Hammond has shown a “total lack of respect for the law,” Judge Preska said in her ruling, citing Hammond’s criminal record – which includes a felony conviction for hacking from when he was 19 – and what she called “unrepentant recidivism.” There is a “desperate need to promote respect for the law,” she said, as well as a “need for adequate public deterrence.”

Read ‘Enemy of the State,’ Our 2012 Feature on Jeremy Hammond’s Rise and Fall

As Hammond was led into the courtroom, he looked over the roughly 100 supporters who had shown up, smiled, and said, “What’s up, everybody?” Prior to the verdict, he read from a prepared statement and said it was time for him to step away from hacking as a form of activism, but recognized that tactic’s continuing importance. “Those in power do not want the truth exposed,” Hammond said from the podium, wearing black prison garb. He later stated that the injustices he has fought against “cannot be cured by reform, but by civil disobedience and direct action.” He spoke out against capitalism and a wide range of other social ills, including mass incarceration and crackdowns on protest movements.

The Stratfor hack exposed previously unknown corporate spying on activists and organizers, including PETA and the Yes Men, and was largely constructed by the FBI using an informant named Hector Monsegur, better known by his online alias Sabu. Co-defendants in the U.K. were previously sentenced to relatively lighter terms. Citing Hammond’s record, Judge Preska said “there will not be any unwarranted sentencing disparity” between her ruling and the U.K. court’s decision.

Hammond’s supporters and attorneys had previously called on Judge Preska to recuse herself following the discovery that her husband was a victim of the hack she was charged with ruling on. That motion was denied. (Full disclosure: This reporter previously spoke at a rally calling on Judge Preska to recuse herself.)

Hammond’s defense team repeatedly stressed that their client was motivated by charitable intentions, a fact they said was reflected in his off-line life as well. Hammond has previously volunteered at Chicago soup kitchens, and has tutored fellow inmates in GED training during his incarceration.

Rosemary Nidiry, speaking for the prosecution, painted a picture of a malicious criminal motivated by a desire to create “maximum mayhem,” a phrase Hammond used in a chat log to describe what he hoped would come from the Stratfor hack. Thousands of private credit card numbers were released as a result of the Stratfor hack, which the government argued served no public good.

Sarah Kunstler, a defense attorney for Hammond, takes issue with both the prosecution and judge’s emphasis on the phrase “maximum mayhem” to the exclusion of Hammond’s broader philosophy shows an incomplete picture. “Political change can be disruptive and destructive,” Kunstler says. “That those words exclude political action is inaccurate.”

Many supporters see Hammond’s case as part of a broader trend of the government seeking what they say are disproportionately long sentences for acts that are better understood as civil disobedience than rampant criminality. Aaron Swartz, who faced prosecution under the Computer Fraud and Abuse Act – the same statute used to prosecute Hammond – took his own life last year, after facing possible decades in prison for downloading academic journals from an MIT server. “The tech industry promised open access and democratization,” says Roy Singham, Swartz’s old boss and executive chairman of ThoughtWorks, a software company that advocates for social justice. “What we’ve given the world is surveillance and spying.” Singham says it’s “shameful” that “titans of the tech world” have not supported Hammond.

Following his first conviction for hacking, Hammond said, he struggled with returning to that life, but felt it was his responsibility. That decision ultimately lead to the Stratfor hack. “I had to ask myself, if Chelsea Manning fell into the abysmal nightmare of prison fighting for the truth, could I in good conscience do any less, if I was able?” he said, addressing the court. “I thought the best way to demonstrate solidarity was to continue the work of exposing and confronting corruption.”

by John Knefel
NOVEMBER 15, 2013

Find this story at 15 November 2013

©2013 Rolling Stone

Promotional materials for private spy companies show that mass surveillance technology is being sold to police departments as a way to monitor dissent

The documents leaked to media outlets by former NSA contractor Edward Snowden this year have brought national intelligence gathering and surveillance operations under a level of scrutiny not seen in decades. Often left out of this conversation, though, is the massive private surveillance industry that provides services to law enforcement, defense agencies and corporations in the U.S. and abroad – a sprawling constellation of companies and municipalities. “It’s a circle where everyone [in these industries] is benefitting,” says Eric King, lead researcher of watchdog group Privacy International. “Everyone gets more powerful, and richer.”

Promotional materials for numerous private spy companies boast of how law enforcement organizations can use their products to monitor people at protests or other large crowds – including by keeping tabs on individual people’s social media presence. Kenneth Lipp, a journalist who attended the International Association of Chiefs of Police conference in Philadelphia from October 19th to 23rd, tells Rolling Stone that monitoring Twitter and Facebook was a main theme of the week. “Social media was the buzzword,” says Lipp. He says much of the discussion seemed to be aimed at designing policies that wouldn’t trigger potentially limiting court cases: “They want to avoid a warrant standard.”

While the specifics of which police departments utilize what surveillance technologies is often unclear, there is evidence to suggest that use of mass surveillance against individuals not under direct investigation is common. “The default is mass surveillance, the same as NSA’s ‘collect it all’ mindset,” says King. “There’s not a single company that if you installed their product, [it] would comply with what anyone without a security clearance would think is appropriate, lawful use.”

The YouTube page for a company called NICE, for instance, features a highly produced video showing how its products can be used in the event of a protest. “The NICE video analytic suite alerts on an unusually high occupancy level in a city center,” a narrator says as the camera zooms in on people chanting and holding signs that read “clean air” and “stop it now.” The video then shows authorities redirecting traffic to avoid a bottleneck, and promises that all audio and video from the event will be captured and processed almost immediately. “The entire event is then reconstructed on a chronological timeline, based on all multimedia sources,” says the narrator. According to an interview with the head of NICE’s security division published in Israel Gateway, NICE systems are used by New Jersey Transit and at the Statue of Liberty, though it isn’t clear if they are the same products shown in the video.

“Thousands of customers worldwide use NICE Security solutions to keep people safe and protect property,” says Sara Preto, a spokesperson for NICE. She declined to confirm any specific clients, but added: “We work with law enforcement and other government agencies within the framework of all relevant and national laws.”

Another program, made by Bright Planet and called BlueJay, is billed in a brochure to law enforcement as a “Twitter crime scanner.” BlueJay allows cops to covertly monitor accounts and hashtags; three that Bright Planet touts in promotional material are #gunfire, #meth, and #protest. In another promotional document, the company says BlueJay can “monitor large public events, social unrest, gang communications, and criminally predicated individuals,” as well as “track department mentions.” Bright Planet did not respond to a request for comment.

A third company, 3i:Mind, lays out a scenario for a potential law enforcement client that begins: “Perhaps you are tracking an upcoming political rally.” It continues:

Once you set up the OpenMIND™ system to profile and monitor the rally, it will search the web for the event on web pages, social networking sites, blogs, forums and so forth, looking for information about the nature of the rally (e.g. peaceful, violent, participant demographics), try to identify both online and physical world activist leaders and collect information about them, monitor the event in real-time and alert you on user-defined critical developments.

The scenario concludes: “Your insight is distributed to the local police force warning them that the political rally may turn violent and potentially thwarting the violence before it occurs.” The 3i:Mind website gives no clues at to which governments or corporations use their products, and public information on the company is limited, though they have reportedly shown their product at various trade shows and police conferences. The company didn’t respond to a request for comment.

Other companies are less upfront about how their products can be used to monitor social unrest. A product that will be familiar to anyone who attended an Occupy Wall Street protest in or around New York’s Zuccotti Park is SkyWatch, by FLIR, pointed out to Rolling Stone by Lipp, the journalist who attended the police conference. SkyWatch is a mobile tower in the form of a two-person cab that can be raised two stories high to provide “an array of surveillance options,” according to a promotional brochure. Those options include cameras and radar, as well as “customizable” options. The brochure says SkyWatch is perfect for “fluid operations whether on the front lines or at a hometown event.” As of this writing, the NYPD still has a SkyWatch deployed in a corner of Zuccotti Park, where Occupy activists were evicted by the police nearly two years ago.

These promotional materials, taken together, paint a picture not only of local police forces becoming increasingly militarized, but also suggest departments are venturing into intelligence-gathering operations that may go well beyond traditional law enforcement mandates. “Two things make today’s surveillance particularly dangerous: the flood of ‘homeland security’ dollars (in the hundreds of millions) to state and local police for the purchase of spying technologies, and the fact that spook technology is outpacing privacy law,” says Kade Crockford, director of the Massachusetts ACLU’s technology for liberty program and the writer of the PrivacySOS blog, which covers these issues closely. “Flush with fancy new equipment, police turn to communities they have long spied on and infiltrated: low-income and communities of color, and dissident communities.”

Many of the legal questions surrounding these kinds of police tactics remain unsettled, according to Faiza Patel, co-director of the Liberty and National Security program at New York University Law School’s Brennan Center for Justice. Information that is publicly available, like tweets and Facebook posts, is generally not protected by the Fourth Amendment, though legal questions may arise if that information is aggregated on a large scale – especially if that collection is based on political, religious or ethnic grounds. “This information can be useful, but it can also be used in ways that violate the Constitution,” says Patel. “The question is: what are [police departments] using it for?”

Rolling Stone contacted police departments for the cities of New York City, Los Angeles, Chicago, Philadelphia and Washington D.C. for comment on this story.

“The Philadelphia Police Department has their own cameras,” says that force’s spokesperson Jillian Russell. “The department does not have private surveillance companies monitor crime.” She directed follow-up questions about software used to process big data to a deputy mayor’s office, who didn’t return a phone call asking for comment.

When asked if the LAPD uses programs to monitor protesters, a media relations email account sent an unsigned message that simply read: “We are not aware of this.”

The other police departments did not respond to requests for comment.

By JOHN KNEFEL
October 24, 2013 3:16 PM ET

Find this story at 24 October 2013

Copyright ©2013 Rolling Stone

Nongovernmental organisations (NGO) GroundWork, Earthlife Africa and Greenpeace Africa have agreed to rejoin State-owned power utility Eskom’s NGO forum after the parastatal acknowledged that an investigation into its now-terminated contract with intelligence support services company Swartberg revealed that the firm was “spying” on the environmental groups.

Eskom said in a statement on Monday that security management at the Medupi coal-fired power station, in Limpopo, had entered into the contract with Swartberg to “ensure protection of the Medupi site and to better anticipate threats to personnel and property”, following civil unrest at Medupi in May 2011.

However, following media reports that Swartberg was gathering intelligence from the three organisations, the NGO forum members suspended their participation in February, calling for an investigation by the energy provider.

After terminating the contract with Swartberg, Eskom commissioned independent legal firm Bowman Gilfillan to initiate an investigation, which revealed “concerns” about the way in which the contract was managed.

After disclosing the extent, process and outcome of the investigation to the three affected NGOs, Eskom CEO Brian Dames said the use of private companies to gather intelligence from stakeholders was “unacceptable” and “not how Eskom does business”.

“To the extent that this may have happened as a consequence, even if unintended, is regrettable and Eskom apologises for this,’’ he commented.

The NGOs said in a statement that they believed their key demand for a full internal investigation and a public apology had been met.

“We, therefore, think it is in order to return to the stakeholder forum, where we will continue to engage and, where necessary, challenge Eskom on its energy choices,” they stated.

Eskom said it had, since the outcome of the investigation, taken steps to strengthen internal controls and brought the matter to the attention of the South African Police Service to determine whether any laws were contravened, and if any further action was required.

The group said it would also implement the recommendations made following the investigation, including pursuing disciplinary action against individuals who did not comply with Eskom policies.

Published 11 Nov 2013
Article by: Natalie Greve

Find this story at 11 November 2013

Copyright © Creamer Media (Pty) Ltd

Sunday marked the 50th anniversary of the bombing of the Sixteenth Street Baptist Church in Birmingham, Alabama, a watershed moment in the civil rights movement. On Sept. 15, 1963, a dynamite blast planted by the Ku Klux Klan killed four young girls in the church — Denise McNair, age 11, and Carole Robertson, Cynthia Wesley and Addie Mae Collins, all 14 years old. Twenty other people were injured. No one was arrested for the bombings for 14 years. We hear an address by world-renowned author, activist and scholar Angela Davis, professor emerita at University of California, Santa Cruz. She spoke last night in Oakland, California, at an event organized by the Civil Rights and Restorative Justice Project at Northeastern University School of Law.
Transcript

This is a rush transcript. Copy may not be in its final form.

AMY GOODMAN: Sunday marked the 50th anniversary of the bombing of the 16th Street Baptist Church in Birmingham, Alabama, a watershed moment in the civil rights movement. On September 15, 1963, a dynamite blast planted by the Ku Klux Klan killed four little girls in the church Denise McNair was 11 years old, Carole Robertson, Cynthia Wesley and Addie Mae Collins were all 14. Twenty other people were injured. No one was arrested for the bombings for 14 years.

We turn now to world renowned author, activist, scholar Angela Davis, Professor emeritus at University of California, Santa Cruz. She spoke last night in Oakland, California, at an event organized by the Civil Rights and Restorative Justice Project at Northeastern University School of Law.

ANGELA DAVIS: And remembering and paying tribute to this tragic event, let us not pretend that we are simultaneously celebrating the end of racist violence, and the triumph of democracy. Let us also not labor under the illusion that this church bombing was an anomaly. We know that Robert Chambliss, who was eventually convicted of carrying out the bombing, along with three others, we know that he had been responsible for bombing black homes and churches over so many years. As a matter of fact, during the eight years prior to the church bombing, there had been 21 bombings in Birmingham. This man’s nickname was “Dynamite Bob”. He was known in white communities, you know, talking about terrorism. And I want to emphasize the importance of understanding how much terrorism, racist terrorism, has shaped the history of this country. And there are lessons we need to learn from that.

But I’ve often pointed out that some of my very earliest childhood memories, are the sounds of dynamite exploding. Homes across the street from where I grew up were bombed when they were purchased by black people who were moving into a neighborhood that had been zoned for whites. So many bombings took place in the neighborhood where I grew up. And we know now that Chambliss was probably responsible. That the neighborhood came to be called “Dynamite Hill”. And of course as you know, the city of Birmingham was known as “Bombingham”. In fact on September 4, 1963, less than two weeks before the 16th Street church bombing, the home of the leading civil rights attorney in Birmingham, Arthur Shores was bombed. And that house was right down the street from our house.

You’ve also heard that from Margaret that on the day of the 16th Street Baptist Church bombing, two other black youth were killed. Johnny Robinson and Virgil Weir. Bombings continued to plague black communities in Birmingham after September 15, and everyone, including the FBI, knew who was behind them. But Robert “Dynamite Bob” Chambliss was simply charged with the possession of dynamite. And J Edgar Hoover refused to reveal the evidence that the FBI had gathered against the perpetrators so that there was no trial during that period.

Now I’m not arguing that justice would have necessarily prevailed had Robert Chambliss and the others, Thomas Blanton, Bobby Cherry and Herman Cash had been immediately tried and tried and convicted, although, since that was the only way we had to deal with such transgressions, they should have been tried and convicted. But true justice is about transformation. Justice is about changing the relations that link us together. And as you’ve heard, the Civil Rights and Restorative Justice Project attempts to forge justice in a much deeper sense than is possible within the existing criminal justice system.

A broader way of thinking about justice in the case of the Birmingham bombing would require, first of all, a fuller understanding of the event and its historical context, and would require us to ask questions about the way our lives today bear the historical imprint of that era. What I fear is that many of the 50th anniversary observances, and there are many as Margaret pointed out, many that have taken place, many to come, that many of them are just to close the book on the racist violence of the civil rights era so that we can embalm that violence and transform it into something to be gazed at through the conventional lens of the museum.

Maybe there is something to be learned from the way that Birmingham Civil Rights Institute frames that bombing. As opposed to regular museum exhibit, and if any of you have ever visited the Civil Rights Institute, you know that it is an absolutely incredible museum with amazing exhibits. But for the church bombing, there is simply a window. There is a window through which one can see the church, meditate on its history, and see it as it changes and transforms. Remembering that this was the site of one of the most vicious terror attacks this country has witnessed.

If you have ever visited Birmingham and the museum, you will also know that across 6th Avenue from the museum and kitty corner from the church is the Kelly Ingram Park, where demonstrations that were organized in the 16th Street Baptist Church were staged. It was the home base for the Children’s Crusade. And how many of us remember that it was young children, 11, 12, 13, 14 years old, some as young as 9 or 10, who faced police dogs and faced high-power water hoses and went to jail for our sake? And so there is deep symbolism in the fact that these four young girls’ lives were consumed by that bombing. It was children who were urging us to imagine a future that would be a future of equality and justice.

It’s important that we resist the temptation of abstraction. How easy it is to think about four innocent young black girls whose lives were violently taken away by white supremacists. And I’m not suggesting that this did not happen. Of course it did. What I’m saying is that it was a lot more complicated. And if we don’t attempt to understand the complexity of this historical event, then we will certainly not be capable of comprehending that violence, that racist violence, and its connections with sexist violence or homophobic and xenophobic violence, which continues to erupt in our lives today. Resisting the temptation of historical abstraction requires us to realize that this was not an extraordinary event that erupted one Sunday morning 50 years ago in otherwise peaceful city. As I pointed out, violence was very much the norm.

When I was growing up, Bull Connor, Eugene Bull Connor, was the commissioner of public safety. And of course his notoriety is linked to the way in which he used those high-power water hoses and dogs against the children and because of the KKK violence, against the Freedom Riders in Birmingham, and violence, in which the police whom Bull Connor controlled did not intervene. But I remember hearing when I was growing up, I remember growing up hearing when black people moved into previously white neighborhoods, Bull Connor would announce that there would be bloodshed. And indeed, there would be a bombing or a house would be burned.

As much talk as there has been about terrorism over the last decade, I have not heard one official acknowledgment of the terrorism that prevailed in places like Birmingham. Terrorism is a part of our history. It is not something that is alien. And, by the way, no one ever suggested that we plant dynamite in white communities as a response to that terrorism. So I guess I would say, why do we need to respond with devastating violence in Iraq and Afghanistan and Syria?

It is also not widely known that black people arm themselves. This is a story that has been excised from the official record of the “freedom movement”. And interestingly, Condoleezza Rice has described her minister father, this was recently in an interview with Al Sharpton. She described her minister father as being a leader of an armed patrol of black men in her neighborhood. And as she pointed out, no one was ever shot. Guns may have been fired to scare the Klu Klux Klan away, they may, have been, she says they may have been fired in the air, but no one was ever shot. No one was ever hurt. And I wonder why she didn’t learn this lesson about ways to respond to terrorism, you know which she could’ve used during her tenure as Secretary of State. And I should say I was happy to see that this morning Melissa Harris Perry called her out on this after showing clips of her interview with Al Sharpton.

But my father was also a member of an armed patrol in our neighborhood. Black people had guns, but only because we had no other choice. Black people had to arm themselves after the 1877 Hayes Tilden compromise in which the Republican Rutherford Hayes was handed the presidency under the condition, remember, the Republicans were supposed to be the good guys in those days, OK, under the condition that he would draw all federal troops from the south. And so black people were effectively informed that they were on their own from then on, from 1877 on. This is the period that witnessed the emergence of official structures of white supremacy that did not begin to come down until the resistance of the mid-20th century freedom movement.

Just as sediments of slavery are still with us, most dramatically represented by the country’s incarceration practices and by the racism of the death penalty. The vestiges of an era where racist violence was the norm and was condoned by officials from local governments to Washington are still haunting us. We know the names of young black and brown people who have been killed by the police or by vigilantes. We know the names of Trayvon Martin in Florida, of Haditha Pendleton in Chicago who was killed shortly after having participated in the second Obama inauguration. And then of course, here in Oakland, we know the name of Oscar Grant, Oscar Grant. And I can say, that no matter how long an individual perpetrator is sent to prison in any of these cases and any others, no one can say that justice has been done. Because we know that the roots of racist violence, the roots of the violence that claimed their lives are so tightly woven into our country’s social fabric that an eye for an eye will not do it. An eye for an eye will not do it.

AMY GOODMAN: Author, activist, scholar, Angela Davis. She grew up in Birmingham, Alabama, knew two of the girls killed in the 16th Street Baptist Church bombing 50 years ago Sunday. She spoke in Oakland Sunday night at an event organized by the Civil Rights and Restorative Justice Project, in Northeastern School of Law.

Monday, September 16, 2013

Find this story at 16 September 2013

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Azerbaijan’s record on freedom of expression, assembly, and association has been on a
steady decline for some years, but it has seen a dramatic deterioration since mid-2012.
Since then the government has been engaged in a concerted effort to curtail opposition
political activity, punish public allegations of corruption and other criticism of government
practices, and exercise greater control over nongovernmental organizations (NGOs). It has
done so by arresting and imprisoning dozens of political activists on bogus charges,
adopting restrictive legislative amendments, consistently breaking up public
demonstrations in the capital, and failing in its duty to investigate and punish those
responsible for violent attacks and smear campaigns against critical journalists.
The crackdown started in response to youth groups’ attempts to organize protests in Baku
soon after the uprisings broke out in the Middle East and North Africa in early 2011. It
intensified in mid-2012, apparently in anticipation of the October 2013 presidential
elections.
This report, based on more than 100 interviews, documents the cases of 39 individuals
detained, charged, convicted, and/or harassed in the 18 months from February 2012 to
August 2013. The government of Azerbaijan has for many years used bogus charges to
imprison some of its critics and has a long record of dispersing – often violently – peaceful
public protests and arresting protesters. However, the sheer number of arrests, the
adoption of harsher laws, and extensive government efforts to stop and prevent peaceful
public protests indicate a new concerted government effort to curtail political and civic
activism in the country.
Arrest and Imprisonment
Individuals arrested and imprisoned have included several high-ranking members of
opposition political parties, government critics who frequently blog or have large
followings on social media, and people who have been consistently involved in political
protests in Azerbaijan, which have increased since the 2011 uprisings in the Middle East
and North Africa.
TIGHTENING THE SCREWS 2
Activists in youth wings of political parties and the youth opposition movement NIDA have
been particular targets. NIDA, which means “exclamation mark” in Azeri, was founded in
2010 and campaigns for democratic reforms and the rule of law in Azerbaijan. From March
7 to April 1, 2013, police arrested seven NIDA members, claiming they were involved in an
alleged plan to instigate violence at a peaceful protest. Another NIDA board member and
two other youth activists were arrested on misdemeanor charges and had their heads
forcefully shaven while they served their brief jail terms. All are active Facebook and
Twitter users who frequently posted criticism about alleged government corruption and
human rights abuses.
Others who have been arrested or imprisoned include at least six journalists, two human
rights defenders who had worked on getting assistance to flood victims, one defender who
documented abuse in police custody, and a lawyer who tried to secure adequate
compensation for people forcibly evicted from their homes.
Bogus Charges and Other Due Process Irregularities
The authorities have used a range of misdemeanor and trumped-up criminal charges
against these activists, including narcotics and weapons possession charges, hooliganism,
incitement, and even treason. In many of the cases described in this report, Human Rights
Watch documented numerous irregularities as well as due process and other violations
that have marred the investigations and legal proceedings against the victims. Authorities
have in many cases denied defendants’ access to lawyers of their own choosing whilst in
detention. Courts have ordered defendants to be held on remand despite the absence of
any evidence justifying the need for pretrial detention. In 17 cases documented here, the
authorities did not adequately – if at all – investigate credible allegations of beatings,
threats, and other abuses.
In a vivid example of this, two days after the arrests of the first three NIDA members, nearly
all Azerbaijani television channels, including the state channel and the public broadcaster,
broadcast a police video of two of them allegedly confessing to a plan to use Molotov
cocktails at a street protest. The televised statements had been made while the activists
were in custody without access to their lawyers, and the statements gave the impression of
being coached, raising fears that the activists were coerced or threatened in order to give
3 HUMAN RIGHTS WATCH | SEPTEMBER 2013
false confessions. Yet the police did not effectively investigate allegations by several of the
detained NIDA activists that they were beaten or otherwise ill-treated in custody.
The Azerbaijani government also has a longstanding practice of pressing bogus drugs
charges against its critics, and it has used this method in the current crackdown. From May
2012 to May 2013 at least six government critics were arrested on charges of possession of
narcotics. In these cases, the defendants’ lawyers were not present during the searches
and could not access their clients for several days following their arrest. Furthermore,
during interrogations several of the men were questioned primarily about their political
activities rather than the allegations of possession of narcotics, further highlighting the
political nature of their prosecution.
Targeting of Journalists and Attacks on Freedom of Expression
State antagonism toward independent and opposition media has been a serious problem
in Azerbaijan for many years. In the past six years dozens of journalists have been
prosecuted and imprisoned or fined on defamation and other charges. Police and
sometimes unidentified assailants physically attacked journalists with impunity. In 2012
the authorities released several journalists who had been wrongfully imprisoned, and
there has been a sharp decline in criminal defamation suits pursued by the authorities.
However, since January 2013 at least six more journalists have been handed prison
sentences on spurious charges in apparent retaliation for doing their job of engaging in
critical and investigative journalism. We documented four cases taking place in February,
March, and April 2013 alone in which threats, smear campaigns, and violent attacks clearly
sought to silence critical journalists and a writer.
Since at least 2011 the Azerbaijani government has committed to decriminalize libel, a
promise for which it has received not insignificant praise. However, in May 2013 the
parliament of Azerbaijan expanded the definition of criminal slander and insult to
specifically include content “publicly expressed in internet resources.”
Targeting of NGOs
The crackdown has also affected NGOs. Azerbaijan has a large and vibrant community of
NGOs devoted to such public policy issues as human rights, corruption, democracy
promotion, revenue transparency, rule of law, ethnic minorities, and religious freedom.
TIGHTENING THE SCREWS 4
Legislative amendments adopted in February 2013, however, make it impossible for
unregistered groups to legally receive grants and donations. In recent years the authorities’
refusal to register several human rights groups and their closure and harassment of
several others demonstrates the government’s determination to interfere with NGOs in
order to restrict controversial work or criticism of the government.
The amendments also increased by fivefold fines for NGOs that receive funding from a
donor without concluding a grant agreement and registering it with the Ministry of Justice.
The amendments give the government greater latitude to exercise control over registered
groups while at the same time significantly restricting the ability of unregistered groups to
receive donations and grants. Human Rights Watch is concerned that the cumulative effect
of these factors will be to marginalize the activities of organizations that are outspoken,
challenge government policies, and/or work on controversial issues.
Restrictions on Freedom of Assembly
Another manifestation of the government’s crackdown has been severe limitations on
freedom of assembly. The Baku municipal authorities have implemented a blanket ban on
all opposition demonstrations in the city center since early 2006. The authorities have
broken up unsanctioned ones – often with violence – and have arrested and imprisoned
peaceful protestors, organizers, and participants. Our research shows that the
misdemeanor trials of those charged for involvement in unsanctioned protests are
perfunctory. In an effort to further limit the right to assembly, in November 2012 and May
2013 parliament adopted amendments to laws increasing by more than hundredfold the
fines for participating in and organizing unauthorized protests. Other amendments
increased the maximum jail sentence for minor public order offenses often used to
incarcerate protesters from 15 to 60 days.
What Should be Done?
The government of Azerbaijan should take immediate steps to ensure the release of
political activists, journalists, human rights defenders, and other civil society activists
held on politically motivated charges and end the use of trumped-up or spurious charges
to prosecute government critics.
5 HUMAN RIGHTS WATCH | SEPTEMBER 2013
The authorities should conduct prompt, thorough, impartial, and effective investigations to
end impunity for violence and threats of violence against journalists. The investigations
should be capable of leading to prosecutions of the assailants, as required under
Azerbaijan’s international obligations.
The government should also abolish criminal defamation laws, allow peaceful assemblies,
and repeal legislative changes establishing harsher penalties for the participants and
organizers of unsanctioned, peaceful protests.
The government should also take immediate steps to end any undue interference with the
freedom of the Azerbaijani people to form associations and revise the NGO law in line with
the recommendations made by the Council of Europe’s Venice Commission, particularly
ensuring that overly complicated registration requirements do not create undue obstacles
to freedom of association.
Under international law, and as a state party to both the European Convention on Human
Rights and the International Covenant on Civil and Political Rights, the Azerbaijani
government has specific legal obligations to protect the rights to freedom of expression,
assembly, and association. International human rights law recognizes those freedoms as
fundamental human rights, essential for both the effective functioning of a democratic
society and the protection of individual dignity. Any limitations to those rights must be
narrowly defined to serve a legitimate purpose and must be demonstrably necessary in a
democratic society. Furthermore, the European Court of Human Rights has consistently
made clear, including through four rulings against the government of Azerbaijan, that the
right “to form a legal entity in order to act collectively in a field of mutual interest is one of
the most important aspects of the right to freedom of association, without which that right
would be deprived of any meaning.”
For many years, and particularly since Azerbaijan became a member of the Council of
Europe in 2001, it has been receiving international assistance from multilateral and
bilateral donors, including the Council of Europe, the European Union, the Organization for
Security and Co-operation in Europe, and the United States, to meet its commitments on
freedom of expression, association, and assembly. While Azerbaijan’s international
partners have been critical of Baku’s serious shortcomings in meeting its commitments,
the criticism appears to have had little impact on these actors’ relationships with the
government, perhaps because most actors prioritize the country’s geostrategic importance
and hydrocarbon resources in their relations with it. Azerbaijan’s international partners
should set clear benchmarks for improvements on human rights if the international
community is to succeed in persuading Baku to respect its commitments under freedom of
expression, association, and assembly and should be prepared to impose concrete policy
consequences should those expectations not be met.

Find this story at 9 September 2013

© 2013 Human Rights Watch

Federal court order prohibits Brown from talking to the media in what critics say is latest in crackdown on investigative journalism

Brown’s lawyer says the gagging order is a breach of Brown’s first amendment rights. Photograph: Nikki Loehr

A federal court in Dallas, Texas has imposed a gag order on the jailed activist-journalist Barrett Brown and his legal team that prevents them from talking to the media about his prosecution in which he faces up to 100 years in prison for alleged offences relating to his work exposing online surveillance.

The court order, imposed by the district court for the northern district of Texas at the request of the US government, prohibits the defendant and his defence team, as well as prosecutors, from making “any statement to members of any television, radio, newspaper, magazine, internet (including, but not limited to, bloggers), or other media organization about this case, other than matters of public interest.”

It goes on to warn Brown and his lawyers that “no person covered by this order shall circumvent its effect by actions that indirectly, but deliberately, bring about a violation of this order”.

According to Dell Cameron of Vice magazine, who attended the hearing, the government argued that the gag order was needed in order to protect Brown from prejudicing his right to a fair trial by making comments to reporters.

But media observers seen the hearing in the opposite light: as the latest in a succession of prosecutorial moves under the Obama administration to crack-down on investigative journalism, official leaking, hacking and online activism.

Brown’s lead defence attorney, Ahmed Ghappour, has countered in court filings, the most recent of which was lodged with the court Wednesday, that the government’s request for a gag order is unfounded as it is based on false accusations and misrepresentations.

The lawyer says the gagging order is a breach of Brown’s first amendment rights as an author who continues to write from his prison cell on issues unconnected to his own case for the Guardian and other media outlets.

In his memo to the court for today’s hearing, Ghappour writes that Brown’s July article for the Guardian “contains no statements whatsoever about this trial, the charges underlying the indictment, the alleged acts underlying the three indictments against Mr Brown, or even facts arguably related to this prosecution.”

The gag order does give Brown some room to carry on his journalistic work from prison. It says that he will be allowed to continue publishing articles on topics “not related to the counts on which he stands indicted”.

Following the imposition of the order, Ghappour told the Guardian: “The defense’s overriding concern is that Mr Brown continue to be able to exercise his first amendment right as a journalist. The order preserves that ability.”

The lawyer adds that since the current defence team took over in May, Brown has made only three statements to the media, two of which where articles that did not concern his trial while the third ran no risk of tainting the jury pool. “Defendant believes that a gag order is unwarranted because there is no substantial, or even reasonable, likelihood of prejudice to a fair trial based on statements made by defendant or his counsel since May 1, 2013.”

Brown, 32, was arrested in Dallas on 12 September last year and has been in prison ever since, charged with 17 counts that include threatening a federal agent, concealing evidence and disseminating stolen information. He faces a possible maximum sentence of 100 years in custody.

Before his arrest, Brown became known as a specialist writer on the US government’s use of private military contractors and cybersecurity firms to conduct online snooping on the public. He was regularly quoted by the media as an expert on Anonymous, the loose affiliation of hackers that caused headaches for the US government and several corporate giants, and was frequently referred to as the group’s spokesperson, though he says the connection was overblown.

In 2011, through the research site he set up called Project PM, he investigated thousands of emails that had been hacked by Anonymous from the computer system of a private security firm, HB Gary Federal. His work helped to reveal that the firm had proposed a dark arts effort to besmirch the reputations of WikiLeaks supporters and prominent liberal journalists and activists including the Guardian’s Glenn Greenwald.

In 2012, Brown similarly pored over millions of emails hacked by Anonymous from the private intelligence company Stratfor. It was during his work on the Stratfor hack that Brown committed his most serious offence, according to US prosecutors – he posted a link in a chat room that connected users to Stratfor documents that had been released online.

The released documents included a list of email addresses and credit card numbers belonging to Stratfor subscribers. For posting that link, Brown is accused of disseminating stolen information – a charge with media commentators have warned criminalises the very act of linking.

As Geoffrey King, Internet Advocacy Coordinator for the Committee to Protect Journalists, has put it, the Barrett Brown case “could criminalize the routine journalistic practice of linking to documents publicly available on the internet, which would seem to be protected by the first amendment to the US constitution under current doctrine”.

In its motion to the Dallas district court, US prosecutors accuse Brown and his associates of having “solicited the services of the media or media-types to discuss his case” and of continuing to “manipulate the public through press and social media comments”.

It further accuses Ghappour of “co-ordinating” and “approving” the use of the media, and alleges that between them they have spread “gross fabrications and substantially false recitations of facts and law which may harm both the government and the defence during jury selection”.

But Ghappour in his legal response has pointed out that several of the specific accusations raised by the government are inaccurate. Prosecutors refer to an article in the Guardian by Greenwald published on 21 March 2013 based partly on an interview between the journalist and Brown, yet as Ghappour points out that piece was posted on the Guardian website before the accused’s current legal team had been appointed.

Under his legal advice, Ghappour writes, Brown has maintained “radio silence” over his case and has given no further interviews, thus negating the government’s case for a gagging order.

Ed Pilkington in New York
theguardian.com, Wednesday 4 September 2013 22.50 BST

Find this story at 4 September 2013

© 2013 Guardian News and Media Limited or its affiliated companies.

The mid-June sun is setting on the Mansfield jail near Dallas when Barrett Brown, the former public face of Anonymous, shuffles into the visitors hall wearing a jumpsuit of blazing orange. Once the nattiest anarchist around, Brown now looks like every other inmate in the overcrowded North Texas facility, down to his state-issued faux-Crocs, the color of candy corn.

Who Are America’s New Political Prisoners?

Brown sits down across from his co-counsel, a young civil-liberties lawyer named Ahmed Ghappour, and raises a triumphant fist holding several sheets of notebook paper. “Penned it out,” he says. “After 10 months, I’m finally getting the hang of these archaic tools.” He hands the article, titled “The Cyber-Intelligence Complex and Its Useful Idiots,” to his lawyer with instructions to send it to his editor at The Guardian. Brown used to write for the British daily, but since he’s been in prison, it’s written about him and his strange legal ordeal that has had him locked up for nearly a year while he awaits trial next month. Should he be found guilty of all the charges the federal government is bringing against him – 17 counts, ranging from obstruction of justice to threatening a federal officer to identity fraud – he’ll face more than 100 years in prison.

Given the serious nature of his predicament, Brown, 32, seems shockingly relaxed. “I’m not worried or panicked,” he says. “It’s not even clear to me that I’ve committed a crime.” He describes his time here as a break from the drug-fueled mania of his prior life, a sort of digital and chemical fast in which he’s kicked opiates and indulged his pre-cyber whims – hours spent on the role-playing game GURPS and tearing through the prison’s collection of what he calls “English manor-house literature.”

Brown has been called many things during his brief public career – satirist, journalist, author, Anonymous spokesman, atheist, “moral fag,” “fame whore,” scourge of the national surveillance state. His commitment to investigating the murky networks that make up America’s post-9/11 intelligence establishment set in motion the chain of events that culminated in a guns-drawn raid of his Dallas apartment last September. “For a long time, the one thing I was happy not to see in here was a computer,” says Brown. “It appears as though the Internet has gotten me into some trouble.”

Encountering Barrett Brown’s story in passing, it is tempting to group him with other Anonymous associates who have popped up in the news for cutting pleas and changing sides. Brown’s case, however, is a thing apart. Although he knew some of those involved in high-profile “hacktivism,” he is no hacker. His situation is closer to the runaway prosecution that destroyed Aaron Swartz, the programmer-activist who committed suicide in the face of criminal charges similar to those now being leveled at Brown. But unlike Swartz, who illegally downloaded a large cache of academic articles, Brown never broke into a server; he never even leaked a document. His primary laptop, sought in two armed FBI raids, was a miniature Sony netbook that he used for legal communication, research and an obscene amount of video-game playing. The most serious charges against him relate not to hacking or theft, but to copying and pasting a link to data that had been hacked and released by others.

“What is most concerning about Barrett’s case is the disconnect between his conduct and the charged crime,” says Ghappour. “He copy-pasted a publicly available link containing publicly available data that he was researching in his capacity as a journalist. The charges require twisting the relevant statutes beyond recognition and have serious implications for journalists as well as academics. Who’s allowed to look at document dumps?”

Brown’s case is a bellwether for press freedoms in the new century, where hacks and leaks provide some of our only glimpses into the technologies and policies of an increasingly privatized national security-and-surveillance state. What Brown did through his organization Project PM was attempt to expand these peepholes. He did this by leading group investigations into the world of private intelligence and cybersecurity contracting, a $56 billion industry that consumes 70 percent of the U.S. intelligence budget.

Meet Jacob Applelaum, the American Wikileaks Hacker

“Barrett was an investigative journalist who was merely doing his professional duty,” says Christophe Deloire of Reporters Without Borders. “The sentence that he is facing is absurd and dangerous.”

B
rown grew up in the affluent North Dallas neighborhood of Preston Hollow, where, following his parents’ divorce, he lived with his New Age mother. Karen Lancaster always believed her only son was special – he once wrote that she called him “an indigo child with an alien soul.” Among her house rules was that mother and son meditate together daily. She instructed him in the predictions of Nostradamus and made sure he kept a dream journal for the purpose, as Brown described it, “of helping him divine the future by way of my external connection to the collective unconscious.” (For her part, Brown’s mother says she was progressive, but not “New Age”, and that her son’s comments were made in jest.)

The Rise and Fall of Jeremy Hammond, Enemy of the State

A precocious pre-adolescent reader and writer, Brown produced a newspaper on his family’s desktop computer while in elementary school. When he started writing for the student paper at his private high school in the mid-Nineties, he quickly clashed with the paper’s censors over his right to criticize the administration. “Barrett always challenged authority, even as a kid, and anytime you go up against authority, you’re going to get in trouble,” says Brown’s father, Robert. “You could sort of always see this coming.”

By the time he reached high school, Brown had discovered Ayn Rand and declared himself an atheist. He founded an Objectivist Society at school and distinguished himself from other Randians by placing second out of 5,000 entrants in a national Ayn Rand essay contest. (Brown now expresses regret over this.) By all accounts, Brown hated everything about organized education, preferring to follow his own curricula and chat up girls on the bulletin-board systems of a still-embryonic Internet.

After his sophomore year, Brown told his parents he wasn’t going back. He signed up for online courses and spent his junior year in Tanzania with his father, a Maserati-driving conservative, safari hunter and serial entrepreneur who was trying to launch a hardwood-harvesting business. “Barrett loved living in Africa,” says his father. “He preferred adventure to being in school with his peers. We weren’t far from the embassy that was bombed that year.”

Brown returned to the U.S. and in 2000 joined some of his childhood friends in Austin, where he spent two semesters taking writing classes at the University of Texas. After dropping out, he spent a summer doing what one friend calls a “heroic” amount of Ecstasy and acid before settling into the charmed life of a pre-crisis Austin slacker – working part-time, smoking pot and paying cheap rent in a series of group houses with enormous porches. Brown’s roommates remember his rooms as being strewn with leaning towers of books and magazines – he especially liked Gore Vidal, P.J. O’Rourke and Hunter S. Thompson – but say he was not especially political. “After 9/11 and Iraq, there were a lot of protests in Austin,” says Ian Holmes, a childhood friend of Brown’s. “I don’t remember him participating in it or being extra vocal, but he was against it all like everyone else.”

As Brown built up his clip book and matured as a writer, his ambitions began to outgrow Austin. In 2007, Brown moved to Brooklyn with a group of old friends that called itself “the Texadus.” Their Bushwick apartment emerged as a hub for Lone Star State refugees who liked to get high, crush beers and play video games. “People were always hanging out and coming and going,” says Caleb Pritchard, a childhood friend of Brown’s who lived with him in Austin and Brooklyn. Among the apartment’s large cast of characters were a crew of weed-delivery guys from Puerto Rico and Honduras who used the apartment as a daytime base of business operations. “They brought over an Xbox, bought us beer and food and played strategy games with us,” Pritchard says. “It was a good cultural exchange for a bunch of skinny white kids from Dallas.”

As virtual-world games grew increasingly sophisticated, Brown spent more time in front of his computer. But he didn’t play the games like most people. In Second Life, he linked up with a group of people known as “griefers,” the term for hackers who in the mid-00s became known for generating chaos inside video-game worlds. Socializing on the bulletin board 4chan.org, they formed the first cells of what would later become Anonymous. In the documentary We Are Legion, about the hacktivist group, Brown waxes nostalgic over his griefer period, when he’d spend entire nights “on Second Life riding around in a virtual spaceship with the words ‘faggery daggery doo’ written on it, wearing Afros, dropping virtual bombs on little villages while waving giant penises around. That was the most fun time I ever had in my life.”

When everyone else went out to the bars, Brown stayed in. Aside from video games and the odd afternoon of pick-up basketball, he also pounded out columns, diaries and blog posts for Vanity Fair, Daily Kos and McSweeney’s, as well as restaurant reviews and essays for weeklies like New York Press and The Onion’s A.V. Club. Though he had some paying gigs, he published most heavily in unpaid, self-edited community forums like Daily Kos and The Huffington Post. “Barrett wasn’t really working in New York so much as getting by with the help of friends and family,” says Pritchard. Among his unpaid gigs was his work as the spokesman for the Godless Americans PAC, which led to Brown’s first TV appearance, on the Fox News morning show Fox & Friends.

In Brooklyn, Brown resumed shooting heroin, which he’d dabbled in off and on since he was 19. Over the years, doctors have diagnosed him with ADHD and depression. Accurate or not, the diagnoses suggest Brown was drawn to opiates for more than just the high. “When I joined him in Brooklyn in ’08, Barrett was already basically a functional junkie,” says Pritchard.

Heroin did not mellow Brown when it came to America’s pundit class. Brown’s critique made clear he didn’t want to join the journalistic establishment so much as lash it without mercy. Then, in March 2010, he announced in a blog post the goal of replacing it, of making its institutions irrelevant and rebuilding them in the image of an overly self-confident 28-year-old junkie named Barrett Brown. It was perhaps his first public manifestation of extreme self-assurance that could come off as imperious self-importance. Brown himself did not deny it, once saying, “I don’t think arrogance is something I’m in a position to attack anyone on.”

The project envisioned by Brown was a new kind of crowdsourced think tank to be “established with a handful of contributors who have been selected by virtue of intellectual honesty, proven expertise in certain topics and journalistic competence in general.” He named it Project PM, after a gang in William Gibson’s Neuromancer called the Panther Moderns.

Brown conceived his new network partly as a response to what he saw as the sad state of affairs at the two main homes for his work, Daily Kos and HuffPo. After years of vibrancy, both now suffered from “the watering-down of contributor quality,” he said. At Project PM, he assured that “below-average participants will have only very limited means by which to clutter the network.”

How Anonymous Took Down the Music Industry’s Websites

With typical cigarette-waving flourish, Brown declared, “Never has there existed such opportunity for revolution in human affairs.”

Had Project PM developed along the lines of Brown’s original vision – as a kind of exclusive, experts-only, friends-of-Barrett blogger network – it is extremely unlikely that Brown would now be in jail. Or that the FBI would have subpoenaed the company hired to secure its server, as it did in March. But Project PM ended up taking a different route.

Julian Assange: The Rolling Stone Interview

T
he event that locked Brown’s path into a collision course with the federal government came on February 11th, 2010, when he posted an essay on Huffington Post that he grandiloquently titled “Anonymous, Australia and the Inevitable Fall of the NationState.”

At the time, Anonymous was in the news after some of its hackers, in an action they called Operation Titstorm, brought down Australian government servers in retaliation for the government’s attempt to block certain kinds of niche pornography. For Brown, Titstorm was a world-historic game-changer, a portent of an age in which citizens could successfully challenge state power on their laptops and neutralize government propaganda and censorship.

In the comically aggrandizing tone that had become his trademark, Brown concluded, “I am now certain that this phenomenon is among the most important and underreported social developments to have occurred in decades.”

Among those taken by Brown’s interpretation of Titstorm was Gregg Housh, a Boston Web designer and early Anonymous associate, who had emerged as a sort of quasi-spokesman for the group. Through Housh, Brown gained entrance to the online inner sanctums of the hackers he thought were turning history on its head. Housh, who was starting to feel burned out from fielding the barrage of international media requests, saw Brown as someone who could step in and talk to reporters for Anonymous.

“Barrett ‘got it’ in a way few journalists did,” says Housh. “Soon, he was one of us, and that pretty much set the course for everything that happened next.”

Brown always denied holding any official capacity as the spokesman of Anonymous, maintaining such a thing was not even possible given the amorphous nature of the group. Yet he embraced the media role with relish, sometimes using the royal “we” during interviews. In March 2011, Brown described himself to a visiting NBC News crew as a “senior strategist” for Anonymous. He also, along with Housh, began writing a book about the group, detailing the transformation of Anonymous from a community of amoral videogame-playing punks into an ethical crusade, assisting street protests across the globe during the Arab Spring.

From the beginning, Brown’s public role was a subject of internal controversy. A minority dismissed and attacked him as a preening “name fag” – Anonymous slang for people who use their real names and speak to the press. Others were more bothered that Brown was a “moral fag,” the term used by unrepentant griefers to describe the new generation of hacktivists who began flocking to the Anonymous banner in 2008. In We Are Legion, Brown makes his allegiance clear, hailing the hacktivists for turning a “nihilist, ridiculous group” into a “force for good.”

Yet something of the old griefer remained in Brown even after his and the group’s politicization process had converged to take on the world of intelligence outsourcing. “He was just trolling the hell out of these corporate-surveillance guys,” says Joe Fionda, a New York activist who assisted Brown in his investigations. “Not just doing the serious research work no one else was doing – getting tax files and all that – but calling them at their homes to introduce himself, sometimes straight up pranking them. He’s legit funny and sees the humor and the absurd in everything.”

Another former colleague, a Boston Web developer and activist named Lauren Pespisa, shared Brown’s love of prank calls: “Sometimes we’d drink and prank-call lobbyists for fun. We went after this one group, Qorvis, because they were helping the kingdom of Bahrain handle its image when they were shooting people. So we’d call them up and ‘dragon shout’ at them,” she says, referring to a sound effect in one of Brown’s favorite video games, The Elder Scrolls V: Skyrim.

By combining the two ethos of Anonymous, Brown won over more people than he alienated. Part of his appeal was the act of his drily affected pseudo-aristocratic-asshole persona, which he exaggerated during media appearances. He preferred a corduroy sports jacket to the Guy Fawkes mask that Anonymous members favor. A typical portrait showed Brown’s arm slung over a chair, a Marlboro dangling off his bottom lip and a stuffed bobcat on the wall behind him. He was oth loved and hated for being one of the more colorful characters found in the Internet Relay Chat rooms where hackers gathered. He famously once conducted a strategy session while drinking red wine in a bubble bath.

“Barrett became a bit like the court jester of Anonymous,” says Gabriella Coleman, a professor at McGill University who has written about the network. “His behavior was legendary because he was the ethical foil. Anonymous isn’t just for hackers. People like Barrett Brown can thrive: the organizer, the media-maker, the spectacle-maker.”

W
hen Brown met Housh, he was nearing the end of his three-year stint in Brooklyn. In the spring of 2010, Brown called his parents and told them he had a heroin problem. At their urging, he returned to Dallas and began an outpatient treatment that included the heroin replacement Suboxone. It was from a tiny Dallas apartment that Brown deepened his involvement with Anonymous. Since most of his friends lived in Austin, his new social life consisted of the IRC rooms populated by hacktivists. It was a world of nonstop, petty cyberintrigue, which to outsiders can appear like a hellish fusion of The Hollywood Squares, WarGames and Degrassi Junior High.

Bradley Manning Explains His Motives

Pritchard remembers the first time Brown crashed on his couch in Austin after his return to Dallas. “I’d wake up, and he’d be online having conversations with these kids on Skype or something,” he says. “Barrett would say, ‘I know what you’re doing!’ The other guy would be stroking his chin like he’s Dr. Claw, saying, ‘No, I know what you’re doing.’ It was nonstop cyberwar, with these dorks just dorking it out with each other. It seemed like a bunch of kids trolling each other.”

Still, Pritchard appreciated that beneath the dorkery, Brown was involved in serious business. This was Brown’s first year as an unofficial spokesman for Anonymous, and it was eventful. The hackers were aiding the uprisings of the Arab Spring, and assaulted PayPal and credit-card companies in retaliation for their refusal to process donations to WikiLeaks. This latter action, called Operation PayBack, earned the attention of the Justice Department. In the summer of 2011, the FBI issued 35 search warrants and arrested 14 suspected hackers.

The Trials of Bradley Manning

By the time of the arrests, Brown’s focus had settled squarely on the nexus between government agencies, private intelligence firms and the information-security industry – known as InfoSec – contracted to build programs and technologies of surveillance, disruption and control that Brown suspected were in many cases unconstitutional. What’s more, he was as bratty as ever about it. He phoned CEOs and flacks at their homes and called them liars. He boasted about bringing the whole system down. As the first raids and arrests took place following Operation PayBack, some observers of Brown’s antics began to suspect that the court jester of Anonymous was not a very safe thing to be.

“You could just tell it was going to end badly,” says an Anonymous member and veteran hacker. “When he really started making noise about going after these intel-contracting companies, I was like, ‘You’re going to get locked up, kid.'”

A
fter Operation Payback, Anonymous was on the radar of every private security firm looking to build a quick reputation. In the office of Aaron Barr, CEO of a struggling digital-security contractor called HBGary Federal, it was the biggest thing on the radar. Barr was convinced that taking down Anonymous before it struck again was a fast track to industry juice and massive contracts. In February 2011, he bragged to The Financial Times about the supersecret sleuthing techniques he had developed to get the goods on Anonymous. He claimed to know the identities of the group’s leaders. Implicit in Barr’s comments was the possibility of federal raids on those identified.

Partly to avoid that outcome, and partly out of curiosity, an Anonymous cell hacked HBGary’s servers. They discovered that Barr’s techniques involved hanging out on major social-media sites and compiling lists of mostly innocent people. It wasn’t the only example of his staggering miscalculation: Within minutes, the hackers easily got around the firm’s security defenses, ransacking company servers, wiping Barr’s personal tablet and absconding with 70,000 internal e-mails. Stephen Colbert devoted a segment to the fiasco, based around the image of Barr sticking his penis in a hornets’ nest.

Once the hackers who broke into HBGary’s servers discovered that Barr was basically a clown, they abandoned pursuit. “There were tens of thousands of e-mails and no one wanted to go through them,” says an Anonymous associate who observed the HBGary hack. “Everyone was like, ‘We’re not even going to dump these, because there’s no point.'”

Brown disagreed. When the hackers posted the e-mails on a BitTorrent site, he used Project PM to organize the painstaking work of collating and connecting the dots to see what picture emerged.

“Nobody was reading more than a couple of the e-mails before getting bored,” says the Anonymous associate. “But Barrett has this strangely addictive and journalistic kind of mind, so he could stare at those e-mails for 10 hours. He’d be sitting alone in the HBGary channel, yelling at everyone, ‘You’ve got to pay attention! Look at the crap I found!'” Brown quickly drew in some 100 volunteers to help him trawl through and make sense of the e-mails.

The HBGary cache offered one of the fullest looks ever at how corporate-state partnerships were targeting groups they considered subversive or inimical to the interests of corporate America. The projects under consideration at HBGary ranged from cyberattacks and disinformation campaigns targeting civic groups and journalists to Weird Science-supermodel avatars built to infiltrate and disrupt left-wing and anarchist networks.

Project PM volunteer investigator Joe Fionda remembers the disturbing thrill of uncovering HBGary’s use of a Maxim pinup to create online personas designed to spy for corporate and government clients. “I couldn’t believe how much crazy shit they were up to,” Fionda says. “My brain still feels like it’s going to explode.”

The biggest fish flopping in Brown’s net was the story of a cluster of contractors known as Team Themis. The origins of Team Themis dated to Bank of America’s alarm over Julian Assange’s 2010 claim to possess documents that “could take down a bank or two.” The Department of Justice recommended Bank of America retain the services of the white-shoe D.C. law firm Hunton & Williams and the high-­powered intelligence contractor Booz Allen Hamilton. On behalf of Bank of America, Hunton & Williams turned to the large and growing world of InfoSec subcontractors to come up with a plan, settling on HBGary and two dataintelligence shops, Berico Technologies and Palantir Technologies.

The Themis three were also preparing a proposal for Hunton & Williams on behalf of another client, the U.S. Chamber of Commerce. The leaked HBGary documents revealed that Themis was exploring ways of discrediting and disrupting the activities of organized labor and its allies for the Chamber. The potential money at stake in these contracts was considerable. According to Wired, the trio proposed that the Chamber create a $2-milliona-month sort of cyber special-forces team “of the kind developed and utilized by the Joint Special Operations Command.” They also suggested targeting a range of left-of-center organizations, including the SEIU, watchdog groups like U.S. Chamber Watch, and the Center for American Progress. (The Chamber of Commerce and Bank of America have denied ever hiring Team Themis or having any knowledge of the proposals.)

In pursuit of the Chamber and Bank of America contracts, the Themis three devised multipronged campaigns amounting to a private-sector information-age COINTELPRO, the FBI’s program to infiltrate and undermine “subversive” groups between 1956 and 1971. Among the The mis ideas presented to Hunton & Williams: “Feed the fuel between the feuding groups. Disinformation. Create messages around actions to sabotage or discredit the opposing organization. Submit fake documents and then call out the error.”

The revelations represented a triumph for Brown and his wiki. A group of Democratic congressmen asked four Republican committee chairs to hold hearings on the “deeply troubling” question of whether “tactics developed for use against terrorists may have been unleashed illegally against American citizens.” But the calls for investigation went nowhere. The lack of outrage in Washington or on influential editorial pages didn’t shock Brown, who had long ago lost hope in the politicians and pundits who are “clearly intent on killing off even this belated scrutiny into the invisible empire that so thoroughly scrutinizes us – at our own expense and to unknown ends.”

It was Brown’s finest moment, but his relationship with Anonymous was rapidly deteriorating. By May 2011, Brown had begun turning on the network. “There’s little quality control in a movement like [Anonymous],” Brown told an interviewer. “You attract a lot of people whose interest is in fucking with video-game companies.”

Brown’s haughty dismissal of the new crop of hacktivists was not a feeling shared by the FBI. The government continued to see Anonymous as a major and growing threat. And in the summer of 2011, it acquired a key piece in its operation to destroy the network. On the night of June 7th, four months after the HBGary hack, two federal agents visited the Jacob Riis publichousing project on Manhattan’s Lower East Side and introduced themselves to a 27-year-old unemployed hacker named Hector Monsegur, known inside Anonymous as “Sabu.” As a leader of an Anonymous offshoot called Lulzsec, he had hacked a number of state and corporate servers. In early 2011, he made some rookie errors that led the FBI to his door: Facing the prospect of being indicted on 12 counts of criminal conspiracy, Sabu rolled over on his old hacker associates. He signed a cooperation agreement and began feeding the FBI information on Anonymous plots. The biggest of these involved a private global intelligence contractor located in Barrett Brown’s backyard, the Austin-based Stratfor.

I
n early December 2011, a young Chicago Anon named Jeremy Hammond cracked Stratfor’s server and downloaded some 5 million internal documents. With the apparent blessing and supervision of the FBI, Sabu provided the server for Hammond to store the docs. Hammond then proceeded to release them to the public. Sifting through the data dump would require a massive coordinated effort of exactly the kind Project PM had been training for. Brown and his dedicated volunteers attacked the mountains of e-mails. “We had between 30 and 50 people involved, usually 15 at a time,” says Lauren Pespisa, the Boston Project PM volunteer who now helps organize Brown’s legaldefense fund.

Did the Mainstream Media Fail Bradley Manning?

After six months of work, Brown would discover what he considered the fattest spider amid the miles of Stratfor web: a San Diego-based cybersecurity firm called Cubic. As Brown followed the strings, he discovered links between Cubic and a data-mining contractor known as TrapWire, which had ties to CIA vets. Brown thought that he had stumbled on a major find illuminating new technologies for spying and surveillance, but the media pickup was not what Brown had hoped. Major dailies shrugged off the story, and Gawker and Slate poured cold water on his alarm, calling it “outlandish.” Brown responded to the criticism with a rambling, connect-the-conspiracy-dots YouTube video.

It wasn’t just gossip sites that viewed Brown’s reading of the Stratfor docs with a skeptical eye. Even sympathetic students of intelligence contracting urged caution about interpreting the TrapWire materials. “I applaud anyone digging into this stuff, but you can’t really draw conclusions from what these contractors say in these e-mails because they’re bragging and they’re trying to land business,” says Tim Shorrock, whose 2008 book Spies for Hire first exposed the scope of the intelligence-contracting industry. “Some of the quote-unquote intelligence that Stratfor was reporting on was ludicrous. Why would an intelligence agency buy this stuff?”

WikiLeaks Stratfor Emails: A Secret Indictment Against Julian Assange?

Meanwhile, deeply buried in the TrapWire debate was the fact that included in the Stratfor docs were the credit-card numbers of 5,000 Stratfor clients. Brown likely did not give the numbers a second thought. But it’s these numbers that form the most serious charges against Brown. The government alleges that when Brown pasted a link in a chat room to the alreadyleaked documents, he was intentionally “transferring” data for the purpose of credit-card and identity fraud.

“If the Pentagon Papers included creditcard info, then would The New York Times have been barred from researching them?” says Brown’s co-counsel Ghappour. “There is nothing to indicate Barrett wanted to profit from this information, or that he ever had the information in his possession. He was openly critical of such motives and disapproved of hacking for the sake of it. This was a big part of his rift with Anonymous – why he was considered a ‘moral fag’ by some.”

The FBI raided Brown’s Dallas apartment on the morning of March 6th, 2012, three months after the Stratfor hack, and one day after Jeremy Hammond was arrested in Chicago. More than a dozen feds led by agent Robert Smith knocked down the door with warrants for Brown’s computers and seized his Xbox. Brown was staying at his mother’s house nearby. Later that morning, the agents appeared at the home of Brown’s mother with a second warrant. They found his laptop in a kitchen cabinet, and she was later charged with obstruction. Brown, who was in the shower preparing for a TV interview when the agents arrived, was not arrested. The agents left with his laptop.

Among hacktivists, theories differ on the motive behind the FBI action. As one of the few public figures associated with Anonymous, Brown made a soft target with a potentially very valuable hard drive or two. Some say it was meant as a warning; others say Brown had simply pissed off too many powerful people, or was getting too close to something big.

Then there is the theory, advanced by Gregg Housh, that Brown and Hammond were targeted out of frustration with a blown sting against WikiLeaks founder Julian Assange. After looking into the Stratfor hack, Housh believes that the FBI allowed the hack to proceed not in order to arrest Hammond but Assange. “The idea was to have Sabu sell the stolen Stratfor material to Assange,” says Housh. “This would give them a concrete charge that he had knowingly bought stolen material to distribute on WikiLeaks.”

Housh believes Hammond got wind of Sabu’s plan to sell the documents to Assange and dumped them before the transaction could take place. While there is no proof of contact between Sabu and Assange, Sabu reportedly communicated with Sigurdur Thordarson, a teenage Icelandic WikiLeaks volunteer and an FBI informant.

“Hammond had no idea what he’d done,” says Housh. “The FBI were a day away from having evidence against Assange, and Hammond screwed it up for them. That’s why they went after him so hard.”

Yet Hammond, who led the Stratfor hack, faced only 30 years before cutting a plea deal for 10. Why is Brown facing 105?

F
ollowing the March raid, Brown continued his investigations and planned for the future of Project PM. 2012 was going to be a big year. He had a new nucleus of friends and colleagues in Boston, where he was going to move and live in an activist group house. His investigations increasingly took place outside the Anonymous network. Brown had new allies in groups like Telecomix, a collective that operated its own crowdsourcing investigations into the cybersurveillance industry. That summer, he visited New York for the Hackers on Planet Earth conference, an annual gathering of hackers and activists, where he met a few of his Project PM colleagues offline for the first time. “I remember he was wearing a full suit in this crazy heat, sweating profusely in the lobby of the Hotel Pennsylvania,” says Fionda. “He was still struggling with kicking heroin, he had tremors and looked like he was in a lot of pain. But he was full of energy. He was telling everyone, ‘We’re going to the center of the Earth with this story!'”

But Brown’s mental state seemed to deteriorate during the summer of 2012. Having battled depression throughout his life, he had gone off his meds and was simultaneously struggling with cold-turkey breaks from Suboxone for heroin withdrawal. His YouTube channel documents the effects. In August, Brown posted a clip that showed him skeet-shooting over the words of Caligula’s lament: “If only all of Rome had just one neck.” In early September, as Brown planned his move to Boston, he struggled to contain his rage at the local FBI agent Robert Smith, who had raided his mother’s home and taken his beloved Xbox.

In September, Brown uploaded a discombobulated three-part video series, the last one titled “Why I’m Going to Destroy FBI Agent Robert Smith.” In the videos, Brown struggles to maintain focus. He demands the return of his Xbox and warns that he comes from a military family that has trained him with weapons – weapons he says he’ll use to defend his home. He calls Smith a “fucking chickenshit little faggot cocksucker” before uttering the words he has since admitted were ill-considered, as well as the result of a chemically combustive mental state.

Why Shouldn’t Freedom of the Press Apply to WikiLeaks?

“Robert Smith’s life is over,” says Brown. “And when I say his life is over, I don’t say I’m going to go kill him, but I’m going to ruin his life and look into his fucking kids. How do you like them apples?”

It takes a suspension of disbelief to hear a credible physical threat as defined by law. The rail-thin Brown appears a desperate, pathetic character in need of psychiatric help. A more humane FBI office might have sent a doctor rather than a car of armed agents. But the FBI didn’t send a shrink. That evening a team of armed agents stormed Brown’s apartment, threw him violently to the ground and arrested him for threatening a federal officer.

WikiLeaks Releases ‘Beat the Blockade’ Benefit CD

Over the next four months, federal grand juries issued three multicount indictments for obstruction and “access devicefraud” related to the Stratfor link. It is the last of these that concern civil-liberties activists and that could have a possible chilling effect. “One can’t apply the transfer provision of the statute to someone conducting research,” says Ghappour. “If cutting and pasting a link is the same as the transfer of the underlying data, then anyone on the Internet is prone to violating the Computer Fraud and Abuse Act.”

The FBI has shown interest in expanding that theoretical “anyone” to include Brown’s circle of volunteers. In March, the bureau went hunting for the digital fingerprints of Project PM administrators with a subpoena. The action has shaken the group’s inner circle, as it was surely intended. “It was a pretext to sow discord and fear in Barrett’s project,” says Alan Ross, a U.K. investigator for Project PM. “They were desperate to bolster their case. After the subpoena, people began to worry about being monitored. I worry about my personal safety even though I acted within the confines of the law. I worry about travel.”

Travel is one thing Brown does not have to worry about at the moment. Nor, if the government gets its way, will he have to worry about handling the media, his former specialty. In August, the prosecution requested a gag be placed on Brown and his lawyers, a move that suggests they understand the dangers of public scrutiny of the legal peculiarities of United States vs. Barrett Lancaster Brown.

Meanwhile, Brown has not joined the prison tradition of mastering the law behind bars. Rather than study up on cyberfraud statutes, he has resumed his writing on intel contractors and the pundits who defend them. “Nobody talks to me here,” Brown says of his year in jail, “but I was pretty unsociable on the outside too.” One of the hardest things about incarceration for the atheist has been contending with his cellmates’ singing of hymns. “Prison is great for reading and for thought, until they start in with their Pentecostal nonsense,” says Brown. “It ruins everything.”

His friends keep him supplied with articles and printouts, which lately have included material related to the Edward Snowden leak. Snowden gained access to information about secret NSA spying on private citizens while working for the intelligence subcontractor Booz Allen Hamilton, a company that had been on Brown’s radar long before most Americans learned of it in the wake of Snowden’s bombshells.

“This is all much bigger than me,” Brown says in the visiting room. “What matters is this.” He leans over to tap his handwritten manuscript. The pages of the essay are messy on the table, and sticking out from under the pile is the last sentence on the last page. “This is the world that we accept if we continue to avert our eyes,” it says. “And it promises to get much worse.”

This story is from the August 29th, 2013 issue of Rolling Stone.
http://www.rollingstone.com/culture/news/barrett-brown-faces-105-years-in-jail-20130905

by Alexander Zaitchik
SEPTEMBER 05, 2013

Find this story at 5 September 2013

Copyright ©2013 Rolling Stone

The investigation into alleged police attempts to smear the Stephen Lawrence campaign and undermine the credibility of witnesses attending the Macpherson inquiry into the black teenager’s racist murder is focusing on the activities of five forces, The Independent has learnt.

Investigators are understood to be waiting for senior officers from Avon and Somerset Constabulary and West Midlands Police to complete urgent trawls of their records in relation to possible surveillance or intelligence gathering operations carried out in Bristol and Birmingham.

The cities, alongside Bradford and Manchester, hosted regional sittings of the Macpherson Inquiry in 1998 where race relations campaigners aired a string of grievances against their local forces over stop and search and other flashpoint issues.

The former Chief Constable of West Yorkshire Police, Sir Norman Bettison, who is already at the centre of an Independent Police Complaints Commission (IPCC) inquiry into an alleged cover-up in the wake of the Hillsborough disaster, was referred to the watchdog this week by Police and Crime Commissioner Mark Burns-Williamson.

It followed revelations that leading anti-racism campaigner Mohammed Amran was the subject of a potentially damaging special branch report prior to his giving evidence to the inquiry in Bradford. A number of junior officers from West Yorkshire are also being investigated by the IPCC after being referred by the present Chief Constable.

Greater Manchester Police has also been referred over an internal memo suggesting intelligence was gathered on individuals or groups attending the inquiry in the city.

The cases are likely to be reviewed by Mark Ellison QC – who successfully prosecuted Gary Dobson and David Norris for Stephen’s murder in 2012 – as part of an investigation into the Metropolitan Police following claims of a smear campaign against the teenager’s family and friends made by a former undercover officer.

The inquiry will need to uncover whether the regional forces were acting on behalf of the Met, which was embroiled in one of the biggest crises in its history following the repeated failings to investigate the student’s 1993 murder. It was eventually found to be “institutionally racist” by Macpherson.

West Midlands Police and Crime Commissioner Bob Jones met Chief Constable Chris Sims on Monday to discuss the issue. In a statement the force confirmed it was examining material to see whether any potentially inappropriate intelligence or surveillance activity had taken place.

A team of officers from Avon and Somerset Constabulary have now begun a second trawl of documents after the Home Secretary Theresa May ordered forces nationwide to search their records. A first hunt carried out by an assistant chief constable was said to have discovered no incriminating material. Forces have until next Wednesday to report their findings to Ms May.

Mr Amran, 37, who became the youngest ever Commissioner for Racial Equality (CRE) following his role as a peacemaker in the 1995 Bradford riots, has been told he will not know for at least two weeks what evidence was gathered against him although it is not believed he was placed under surveillance.

His lawyer, Ruth Bundey, said: “He is someone who has helped and advised the authorities in the past and it is very disconcerting for him not to know what is involved here – other than to have been told that it is ‘alarming.’”

It is unclear whether evidence allegedly gathered about Mr Amran resurfaced in a further dossier put together by West Yorkshire Police as part of its alleged attempt to prevent him being re-elected by the CRE. The dossier led Ms Bundey to pursue a successful case of racial discrimination against the force, who settled out of court in 2002.

Mr Amran told The Independent that he was repeatedly arrested after publicly questioning the policing of in Bradford’s multi-racial community.

Despite widespread concern over policing and community relations leading up to the 1995 riots, more disturbances took place in the city in the summer of 2001.

“I challenged the police openly after the 1995 riots and that created a reaction that made my life very difficult,” Mr Amran said. “The arrest I remember most vividly came when I was going to my family home and three officers grabbed me and told me I was under arrest.

“They said ‘You should not be here.’ I was letting myself into my house at the time and they said ‘drop the keys. You are under arrest.’ I sustained a hairline fracture of my arm. They just let me go. On another occasion I was dragged from my car by police. I told them who I was and they didn’t believe me.”

Ian Herbert, Jonathan Brown
Saturday, 6 July 2013

Find this story at 6 July 2013

© independent.co.uk

Chief constable leading investigation also says he will look at claims that Stephen Lawrence campaigners were spied on

Dozens of police officers could be put on trial for stealing the identities of dead children, and sleeping with female activists they were spying on, according to the police chief leading an inquiry into Metropolitan police undercover work against protest groups.

Mick Creedon, the chief constable of Derbyshire, also said his team would investigate claims from a police whistleblower, Peter Francis, that senior officers wanted him to spy on, and even undermine, the Stephen Lawrence campaign.

In an interview, Creedon offered a “100%” assurance the matter would be properly investigated. He said prosecutors were already being asked to consider whether criminal offences had been committed by generations of undercover operatives planted in protest groups over the past 45 years.

Earlier on Monday, David Cameron said he was “deeply concerned by revelations from Francis, a former undercover police officer who said he was asked to gather intelligence that could be used to “smear” the campaign for justice for Stephen Lawrence, who was stabbed to death in a racist attack in 1993.

The prospect that police officers could be prosecuted will alarm senior officers, who have struggled to manage the fallout from the revelations

On Monday morning, the prime minister’s spokesman hinted that the government may order an independent inquiry into Francis’s revelations. Any inquiry would have to “command the family’s confidence as well as that of the public”, he said.

Creedon is already investigating two top-secret Met units: the SDS, which was disbanded in 2008, and another squad – the National Public Order Intelligence Unit (NPOIU) – which still operates.

He said his review was particularly focused on the role of commanding officers: “It’s looking right up the chain of command,” he said. “We have mapped, putting it bluntly, every senior officer, every commander, every deputy citizen commissioner, right up to and including home secretaries.”

The chief constable refused to be drawn on the specifics of Francis’s allegations, but he said that, if proved, they would be “not something that would sit comfortably with any police officer”.

Creedon was asked to take over the inquiry, Operation Herne, in February after it was revealed that operatives working for the two spy units had used the identities of dead children. Weeks later, he conceded that the use of dead children’s identities had been “common practice” in the SDS, and had continued in the NPOIU until around 2001.

In the interview, parts of which are being broadcast on Channel 4 on Monday night, he told the Guardian and the Dispatches programme that he was getting advice on whether dozens of undercover police who used the identities had committed criminal acts. “That is a consideration. We are getting legal advice on that,” he said.

“I am looking to operatives to explain why they did it and why they were trained to do it and how they did it.”

Keith Vaz, the MP and chair of the home affairs select committee, has already called on Scotland Yard to inform parents whose children’s identities were used.

But Creedon said it was highly unlikely he would contact the parents, because to do so would require confirming the false identities used by former operatives.

“The way the world is now, that will fizz around the internet networks instantly,” he said, adding that he saw little benefit in “raking up” the issue with parents who would otherwise remain oblivious.

He also declined to apologise to women who had been duped into relationships with police spies. But he added: “This is completely abhorrent. I use that term carefully. It should not have happened and I’ve always been clear about that. Was it routine? Was it actually part of the tactics? Was it quite deliberate and was it a way of infiltrating, or was it an occasional consequence? I don’t know the answer to that question right now.”

Creedon said prosecutors would also decide whether operatives who had sexual relationships were breaking the law.

“Well, we need to get advice from the CPS [Crown Prosecution Service] about whether an undercover officer having a sexual relationship would be a criminal offence,” he said. “We’re waiting for that advice from the CPS, and it will be wrong for me to speculate.”

Asked if the officers may end up in court, he replied: “It’s a possibility, yes.”

However, he said the use by police of deception in sexual relationships needed to be understood in a wider context. “Around the country there are many people involved in sexual relationships who lie about their status,” he said. “There are many people who say they’re not married when they are married. It happens.”

Operation Herne, which is costing the Met £1.6m a year, was launched in 2011. A staff of around 30 officers – almost all of them Met employees – have been sifting through 55,000 documents and interviewing former undercover police officers and their supervisors. Four specific cases are being separately supervised by the Independent Police Complaints Commission.Creedon refused to be drawn on when the inquiry would be complete but Craig Mackey, the deputy commissioner of the Met, has previously indicated it may not conclude until 2016, meaning the five-year inquiry would have cost over £7.5m.

Creedon said he did not know if the findings of his inquiry would ever be made public.

He said he was determined to “keep some balance” in his investigation: “Herne is not about castigating the 100 or so SDS officers that served over 40 years, some of whom were incredibly brave.”

The chief constable rejected the suggestion that it would be more appropriate for the inquiry to be conducted by an independent figure or regulator.

“There has always been public concern about police investigating the police, but I’ll be brutally honest: there is no one as good at doing it as the police,” he said. “We don’t seek to hide things. We do actually seek to get the truth and we do it properly and I frankly find it almost insulting that people suggest that in some way, because I’m a police officer, I’m not going to search the truth.”

Paul Lewis and Rob Evans
The Guardian, Monday 24 June 2013 14.08 BST

Find this story at 24 June 2013
© 2013 Guardian News and Media Limited or its affiliated companies.

Peter Francis claims officers told him to dig into murdered teenager’s family
He posed as an anti-racist activist following the death
Victim’s mother said: ‘Nothing can justify… trying to discredit the family’
Raises further questions about police surveillance of activist groups
David Cameron demands that Scotland Yard investigates the damaging claim

An undercover policeman revealed last night that he took part in an operation to smear the family of Stephen Lawrence.

Peter Francis said his superiors wanted him to find ‘dirt’ that could be used against members of the murdered teenager’s family.

The spy said he was also tasked with discrediting Stephen’s friend who witnessed the stabbing and campaigners angry at the failure to bring his killers to justice.

Spy: Peter Francis said he was asked by senior officers in the Met Police to find information to smear the family of murdered teenager Stephen Lawrence

Worried: The Prime Minister said today that Scotland Yard must investigate the damaging claims

He added that senior officers deliberately withheld his role from Sir William Macpherson, who led a public inquiry into the bungled police investigation.
‘They wanted any intelligence’ Peter Francis on ‘spying’

And this one’s for Stephen… stars sing for Lawrence fund: Emeli Sandé and Jessie J to perform at concert to mark 20th anniversary of his murder
NHS chief ‘offered bribe to hush up death of my baby’: Father’s shock at scandal-hit boss’s £3,000 cash deal
The secrets of my friend the Moors murderer: For 25 years he has been visiting Britain’s most notorious killer, now Ian Brady’s only confidant – and heir – reveals all

Francis said senior officers were afraid that anger at the failure to investigate the teenager’s racist killing would spiral into disorder on the streets. They had ‘visions of Rodney King’, whose beating at the hands of police led to the 1992 LA riots, he said.

David Cameron has this morning urged Scotland Yard to launch a probe into what happened.

‘The Prime Minister is deeply concerned by reports that the police wanted to smear Stephen Lawrence’s family and would like the Metropolitan police to investigate immediately,’ A No10 spokesperson said.

The revelations mark the most extraordinary chapter so far in the sorry history of Scotland Yard’s jaw-dropping undercover operations.

Stephen Lawrence was the victim of a racist murder in 1993. It was one of the highest profile racial killings in UK history

The whistleblower is one of several to come forward to reveal deeply suspect practices by those ordered to infiltrate political protest groups from the 1980s onwards.

Yesterday Stephen’s mother Doreen said being targeted by an undercover officer was the most surprising thing she had learned about the marathon inquiry. She said: ‘Out of all the things I’ve found out over the years, this certainly has topped it.

‘Nothing can justify the whole thing about trying to discredit the family and people around us.’

The news will further inflame critics of covert policing of activist groups and raises questions over whether a police review will flush out all malpractice.’

The 20-year-old operation was revealed in a joint investigation by The Guardian and Channel 4’s Dispatches being broadcast tonight.

Francis posed as an anti-racist activist during four years he spent living undercover among protest groups following Stephen’s murder in April 1993.

The former officer said he came under ‘huge and constant pressure’ to ‘hunt for disinformation’ that might be used to undermine those arguing for a better investigation into the murder.

He now wants a full public inquiry into the undercover policing of protest groups, which he labelled ‘morally reprehensible’ in the past.

He said: ‘I had to get any information on what was happening in the Stephen Lawrence campaign.

‘They wanted the campaign to stop. It was felt it was going to turn into an elephant. Throughout my deployment there was almost constant pressure on me personally to find out anything I could that would discredit these campaigns.’

Mr Francis joins a number of whistle blowers who infiltrated protest groups for the Met Police

Francis was also involved in an ultimately failed effort to discredit Duwayne Brooks, a close friend of Lawrence who was with him on the night he was murdered.

The former spy trawled through hours of CCTV from a demonstration to find evidence that led to Mr Brooks being arrested and charged with violent disorder in October 1993. However, the case was thrown out by a judge as an abuse of the legal process.

Family: Stephen Lawrence’s mother Doreen and ex-husband Neville, Stephen’s father

The spy monitored a number of ‘black justice’ campaigns, involving relatives of mostly black men who had died in suspicious circumstances in police custody.

But he said his handlers were most interested in any information he could gather about the several groups campaigning over the death of Stephen.

Although Francis did not meet the Lawrence family, he passed back ‘hearsay’ about them to his superiors.

Mrs Lawrence said she was always baffled why family liaison officers were recording the identities of everyone entering and leaving their household following her son’s murder.

She said the family had always suspected police had been gathering evidence about her visitors to discredit them but had no ‘concrete evidence’.

In 1997, Francis argued that the Met should ‘come clean’ over the existence of its undercover operation to Sir William and his inquiry.

But commanders opted for secrecy and claimed it was for the public good as there would be ‘battling on the streets’ if the public ever found out.
‘It just makes me really angry’: Doreen Lawrence

Francis was a member of a covert unit known as the Special Demonstration Squad. Set up to combat protests against the Vietnam war in 1968, the SDS was funded by the Home Office to operate under the radar for four decades.

Using the undercover alias Pete Black, he worked between 1993 and 1997 infiltrating a group named Youth Against Racism in Europe.

He said he was one of four undercover officers who were also required to feed back intelligence about the campaigns for justice over the death of Stephen. The now disbanded unit has already been struck by controversy after its spies fathered children with their targets.

An external investigation of past undercover deployments is being undertaken by a team of officers led by Derbyshire chief constable Mick Creedon.

Pete Francis monitored a number of ‘black justice’ campaigns, involving relatives of mostly black men who had died in suspicious circumstances in police custody

Mr Brooks always suspected he was a victim of a dirty tricks campaign by police. In an interview six years after the murder he said he felt the police ‘investigated us more thoroughly than they investigated the boys’ – referring to those behind the killing.

Jack Straw, the former home secretary who in 1997 ordered the inquiry that led to the Macpherson report, said he was stunned.

He said: ‘I should have been told of anything that was current, post the election of Tony Blair’s government in early May 1997. But much more importantly, [the] Macpherson inquiry should have been told.’

Lord Condon, Met Commissioner between 1993 and 2000, said he was not aware any information had been withheld from Sir William.

A Met spokesman said: ‘The claims in relation to Stephen Lawrence’s family will bring particular upset to them and we share their concerns.’

These revelations and others about undercover police officers are contained in the book Undercover by Paul Lewis and Rob Evans.

UNDERCOVER: THE TRUE STORY OF BRITAIN’S SECRET POLICE by Rob Evans and Paul Lewis is published by Guardian Faber at £12.99. Please follow this link to order a copy.

By Chris Greenwood

PUBLISHED: 21:50 GMT, 23 June 2013 | UPDATED: 11:12 GMT, 25 June 2013

Find this story at 23 June 2013

© Associated Newspapers Ltd

Exclusive: former undercover officer Peter Francis says superiors wanted him to find ‘dirt’ shortly after 1993 murder

Stephen Lawrence who was murdered in 1993 and whose death has been the subject of a long-running police investigation. Photograph: Rex Features

A police officer who spent four years living undercover in protest groups has revealed how he participated in an operation to spy on and attempt to “smear” the family of murdered teenager Stephen Lawrence, the friend who witnessed his fatal stabbing and campaigners angry at the failure to bring his killers to justice.

Peter Francis, a former undercover police officer turned whistleblower, said his superiors wanted him to find “dirt” that could be used against members of the Lawrence family, in the period shortly after Lawrence’s racist murder in April 1993.

He also said senior officers deliberately chose to withhold his role spying on the Lawrence campaign from Sir William Macpherson, who headed a public inquiry to examine the police investigation into the death.

Francis said he had come under “huge and constant pressure” from superiors to “hunt for disinformation” that might be used to undermine those arguing for a better investigation into the murder. He posed as an anti-racist activist in the mid-1990s in his search for intelligence.

“I had to get any information on what was happening in the Stephen Lawrence campaign,” Francis said. “They wanted the campaign to stop. It was felt it was going to turn into an elephant.

“Throughout my deployment there was almost constant pressure on me personally to find out anything I could that would discredit these campaigns.”

Francis also describes being involved in an ultimately failed effort to discredit Duwayne Brooks, a close friend of Lawrence who was with him on the night he was killed and the main witness to his murder. The former spy found evidence that led to Brooks being arrested and charged in October 1993, before the case was thrown out by a judge.
Peter Francis, the former undercover police officer turned whistleblower. Photograph: Graham Turner for the Guardian

The disclosures, revealed in a book about undercover policing published this week, and in a joint investigation by the Guardian and Channel 4’s Dispatches being broadcast on Monday, will reignite the controversy over covert policing of activist groups.

Lawrence’s mother, Doreen, said the revelations were the most surprising thing she had learned about the long-running police investigation into her son’s murder: “Out of all the things I’ve found out over the years, this certainly has topped it.”

She added: “Nothing can justify the whole thing about trying to discredit the family and people around us.”

In a statement, the Metropolitan police said it recognised the seriousness of the allegations – and acknowledged their impact. A spokesman said the claims would “bring particular upset” to the Lawrence family and added: “We share their concerns.”

Jack Straw, the former home secretary who in 1997 ordered the inquiry that led to the 1999 Macpherson report, said: “I’m profoundly shocked by this and by what amounts to a misuse of police time and money and entirely the wrong priorities.” Straw is considering personally referring the case to the Independent Police Complaints Commission.

Francis was a member of a controversial covert unit known as the Special Demonstration Squad (SDS). A two-year investigation by the Guardian has already revealed how undercover operatives routinely adopted the identities of dead children and formed long-term sexual relationships with people they were spying on.

The past practices of undercover police officers are the subject of what the Met described as “a thorough review and investigation” called Operation Herne, which is being overseen by Derbyshire’s chief constable, Mick Creedon.

A spokesman said: “Operation Herne is a live investigation, four strands of which are being supervised by the Independent Police Complaints Commission, and it would be inappropriate to pre-judge its findings.”

Francis has decided to reveal his true identity so he can openly call for a public inquiry into undercover policing of protest. “There are many things that I’ve seen that have been morally wrong, morally reprehensible,” he said. “Should we, as police officers, have the power to basically undermine political campaigns? I think that the clear answer to that is no.”

Francis has been co-operating with the Guardian as a confidential source since 2011, using his undercover alias Pete Black. He assumed the undercover persona between 1993 and 1997, infiltrating a group named Youth Against Racism in Europe. He said he was one of four undercover officers who were also required to feed back intelligence about the campaigns for justice over the death of Lawrence.

Francis said senior officers were afraid that anger at the failure to investigate the teenager’s racist killing would spiral into disorder on the streets, and had “visions of Rodney King”, whose beating at the hands of police led to the 1992 LA riots.

Francis monitored a number of “black justice” campaigns, involving relatives of mostly black men who had died in suspicious circumstances in police custody.

However, he said that his supervising officers were most interested in whatever information he could gather about the large number of groups campaigning over the death of Lawrence.

Although Francis never met the Lawrence family, who distanced themselves from political groups, he said he passed back “hearsay” about them to his superiors. He said they wanted information that could be used to undermine the campaign.

One operation Francis participated in involved coming up with evidence purporting to show Brooks involved in violent disorder. Francis said he and another undercover police officer trawled through hours of footage from a May 1993 demonstration, searching for evidence that would incriminate Brooks.

Police succeeded in having Brooks arrested and charged with criminal damage, but the case was thrown out by a judge as an abuse of the legal process. Francis said the prosecution of Brooks was part of a wider drive to damage the growing movement around Lawrence’s death: “We were trying to stop the campaign in its tracks.”

Doreen Lawrence said that in 1993 she was always baffled about why family liaison officers were recording the identities of everyone entering and leaving their household. She said the family had always suspected police had been gathering evidence about her visitors to discredit the family.

“We’ve talked about that several times but we never had any concrete [evidence],” she said.

There is no suggestion that the family liaison officers knew the purpose of the information they collected.

Francis claims that the purpose of monitoring people visiting the Lawrence family home was in order “to be able to formulate intelligence on who was going into the house with regards to which part of the political spectrum, if any, they were actually in”. The former policeman added: “It would determine maybe which way the campaign’s likely to go.”

In 1997, Francis argued that his undercover operation should be disclosed to Macpherson, who was overseeing the public inquiry into the Met’s handling of the murder. “I was convinced the SDS should come clean,” he said.

However his superiors decided not to pass the information on to the inquiry, he said. He said he was told there would be “battling on the streets” if the public ever found out about his undercover operation.

Straw said that neither he nor Macpherson were informed about the undercover operations. “I should have been told of anything that was current, post the election of Tony Blair’s government in early May 1997,” he said.

“But much more importantly, [the] Macpherson inquiry should have been told, and also should have been given access to the results of this long-running and rather expensive undercover operation.”

Rob Evans and Paul Lewis
The Guardian, Monday 24 June 2013

Find this story at 24 June 2013
© 2013 Guardian News and Media Limited or its affiliated companies.

Paul Lewis reports on allegations that members of a clandestine Metropolitan unit employed ethically dubious tactics, including inappropriate sexual relationships and deceit, to spy on people – claims apparently substantiated by the personal testimony of a whistleblower who operated undercover for four years. The programme investigates the actions of those tasked with infiltrating political campaigns and protest groups, and speaks to the women who say they were duped into intimate relationships with men they didn’t know were serving police officers.

Find this story at july 2013

Exclusive: McDonald’s sued green activists in long-running David v Goliath legal battle, but police role only now exposed

Bob Lambert posed as a radical activist named Bob Robinson.

An undercover police officer posing for years as an environmental activist co-wrote a libellous leaflet that was highly critical of McDonald’s, and which led to the longest civil trial in English history, costing the fast-food chain millions of pounds in fees.

The true identity of one of the authors of the “McLibel leaflet” is Bob Lambert, a police officer who used the alias Bob Robinson in his five years infiltrating the London Greenpeace group, is revealed in a new book about undercover policing of protest, published next week.

McDonald’s famously sued green campaigners over the roughly typed leaflet, in a landmark three-year high court case, that was widely believed to have been a public relations disaster for the corporation. Ultimately the company won a libel battle in which it spent millions on lawyers.

Lambert was deployed by the special demonstration squad (SDS) – a top-secret Metropolitan police unit that targeted political activists between 1968 until 2008, when it was disbanded. He co-wrote the defamatory six-page leaflet in 1986 – and his role in its production has been the subject of an internal Scotland Yard investigation for several months.

At no stage during the civil legal proceedings brought by McDonald’s in the 1990s was it disclosed that a police infiltrator helped author the leaflet.
The McLibel two: Helen Steel and David Morris, outside a branch of McDonald’s in London in 2005 after winning their case in the European court of human rights. Photograph: Martin Argles for the Guardian

A spokesman for the Met said the force “recognises the seriousness of the allegations of inappropriate behaviour and practices involving past undercover deployments”. He added that a number of allegations surrounding the undercover officers were currently being investigated by a team overseen by the chief constable of Derbyshire police, Mick Creedon.

And in remarks that come closest to acknowledging the scale of the scandal surrounding police spies, the spokesman said: “At some point it will fall upon this generation of police leaders to account for the activities of our predecessors, but for the moment we must focus on getting to the truth.”

Lambert declined to comment about his role in the production of the McLibel leaflet. However, he previously offered a general apology for deceiving “law abiding members of London Greenpeace”, which he said was a peaceful campaign group.

Lambert, who rose through the ranks to become a spymaster in the SDS, is also under investigation for sexual relationships he had with four women while undercover, one of whom he fathered a child with before vanishing from their lives. The woman and her son only discovered that Lambert was a police spy last year.

The internal police inquiry is also investigating claims raised in parliament that Lambert ignited an incendiary device at a branch of Debenhams when infiltrating animal rights campaigners. The incident occurred in 1987 and the explosion inflicted £300,000 worth of damage to the branch in Harrow, north London. Lambert has previously strongly denied he planted the incendiary device in the Debenhams store.
While McDonald’s won the initial legal battle, at great expense, it was seen as a PR disaster. Photograph: Image Broker/Rex Features

Lambert’s role in helping compose the McLibel leaflet is revealed in ‘Undercover: The True Story of Britain’s Secret Police’, which is published next week. An extract from the book will be published in the Guardian Weekend magazine. A joint Guardian/Channel 4 investigation into undercover policing will be broadcast on Dispatches on Monday evening.

Lambert was one of two SDS officers who infiltrated London Greenpeace; the second, John Dines, had a two-year relationship with Helen Steel, who later became the co-defendant in the McLibel case. The book reveals how Steel became the focus of police surveillance operations. She had a sexual relationship with Dines, before he also disappeared without a trace.

Dines gained access to the confidential legal advice given to Steel and her co-defendant that was written by Keir Starmer, then a barrister known for championing radical causes. The lawyer was advising the activists on how to defend themselves against McDonald’s. He is now the director of public prosecutions in England and Wales.

Lambert was lauded by colleagues in the covert unit for his skilful infiltration of animal rights campaigners and environmentalists in the 1980s. He succeeded in transforming himself from a special branch detective into a long-haired radical activist who worked as a cash-in-hand gardener. He became a prominent member of London Greenpeace, around the time it began campaigning against McDonald’s in 1985. The leaflet he helped write made wide-ranging criticisms of the company, accusing it of destroying the environment, exploiting workers and selling junk food.

Four sources who were either close to Lambert at the time, or involved in the production of the leaflet, have confirmed his role in composing the libellous text. Lambert confided in one of his girlfriends from the era, although he appeared keen to keep his participation hidden. “He did not want people to know he had co-written it,” Belinda Harvey said.

Paul Gravett, a London Greenpeace campaigner, said the spy was one of a small group of around five activists who drew up the leaflet over several months. Another close friend from the time recalls Lambert was really proud of the leaflet. “It was like his baby, he carried it around with him,” the friend said.

When Lambert’s undercover deployment ended in 1989, he vanished, claiming that he had to flee abroad because he was being pursued by special branch. None of his friends or girlfriends suspected that special branch was his employer.

It was only later that the leaflet Lambert helped to produce became the centre of the huge trial. Even though the activists could only afford to distribute a few hundred copies of the leaflet, McDonald’s decided to throw all of its legal might at the case, suing two London Greenpeace activists for libel.

Two campaigners – Steel, who was then a part-time bartender, and an unemployed postal worker, Dave Morris – unexpectedly stood their ground and refused to apologise.
Steel and Morris outside the high court at the start of the first proceedings in the McLibel trial in 1990. Photograph: Photofusion/UIG/ Getty Images

Over 313 days in the high court, the pair defended themselves, with pro bono assistance from Starmer, as they could not afford to hire any solicitors or barristers. In contrast, McDonald’s hired some of the best legal minds at an estimated cost of £10m. During the trial, legal argument largely ignored the question of who wrote the McLibel leaflet, focusing instead on its distribution to members of the public.

In 1997, a high court judge ruled that much of the leaflet was libellous and ordered the two activists to pay McDonald’s £60,000 in damages. This sum was reduced on appeal to £40,000 – but McDonald’s never enforced payment.

It was a hollow victory for the company; the long-running trial had exposed damaging stories about its business and the quality of the food it was selling to millions of customers around the world. The legal action, taking advantage of Britain’s much-criticised libel laws, was seen as a heavy handed and intimidating way of crushing criticism. However, the role of undercover police in the story remained, until now, largely unknown.

On Friday, Morris said the campaign against the burger chain was successful “despite the odds overwhelmingly stacked against us in the legal system and up against McDonald’s massive and relentless advertising and propaganda machine.

“We now know that other shadowy forces were also trying to undermine our efforts in the most disgusting, but ultimately futile ways. All over the world police and secret agents infiltrate opposition movements in order to protect the rich and powerful but as we have seen in so many countries recently people power and the pursuit of truth and justice is unstoppable, even faced with the most repressive and unacceptable Stasi-like tactics.”

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