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Open Secrets
22 BACK PAGE LAW STORIES 15 January 2021 | www.newlawjournal.co.uk Open secrets In a tribute to John Le Carré, Athelstane Aamodt reflects on the operation & enforcement of official secrets laws © Kirsty Wigglesworth/AP/Shutterstock ne of the things that nearly communication of information’ under (the have. Further, the House of Lords’ decision everyone knew about the late now-abolished) s 2 of the Official Secrets most likely caused sales of the book to John Le Carré was that he had Act 1911. The basis for prosecuting them increase, thereby making things even Oworked in British Intelligence, was an article that they had written in the worse. The House of Lords eventually first for MI5 (domestic counter- magazine Time Out about the intelligence saw sense and in A-G v Guardian intelligence) and then for MI6 (foreign services. One of the photographs that had Newspapers Ltd (No 2) [1988] 3 All ER 545 intelligence). His life as an intelligence featured in the article was a photograph discharged the interim injunction on the officer provided ample inspiration for of the Post-Office Tower. The trial was a basis that the worldwide dissemination his many novels. For years, the British cause célèbre, with the first trial being of the book had already caused the Government would not even acknowledge abandoned after it was discovered that, harm that the British government had the existence of MI5 and MI6. MI5 was among other things, the security services complained about. Unsurprisingly, the first mentioned in parliament in 1952 and had been vetting the jury. -
The Foreign Fighters Problem, Recent Trends and Case Studies: Selected Essays
Program on National Security at the FOREIGN POLICY RESEARCH INSTITUTE Al-Qaeda al-Shabaab AQIM AQAP Central The Foreign Fighters Problem, Recent Trends and Case Studies: Selected Essays Edited by Michael P. Noonan Managing Director, Program on National Security April 2011 Copyright Foreign Policy Research Institute (www.fpri.org). If you would like to be added to our mailing list, send an email to [email protected], including your name, address, and any affiliation. For further information or to inquire about membership in FPRI, please contact Alan Luxenberg, [email protected] or (215) 732-3774 x105. FPRI 1528 Walnut Street, Suite 610 • Philadelphia, PA 19102-3684 Tel. 215-732-3774 • Fax 215-732-4401 About FPRI Founded in 1955, the Foreign Policy Research Institute is a 501(c)(3) nonprofit organization devoted to bringing the insights of scholarship to bear on the development of policies that advance U.S. national interests. We add perspective to events by fitting them into the larger historical and cultural context of international politics. About FPRI’s Program on National Security The end of the Cold War ushered in neither a period of peace nor prolonged rest for the United States military and other elements of the national security community. The 1990s saw the U.S. engaged in Iraq, Somalia, Haiti, Bosnia-Herzegovina, Kosovo, and numerous other locations. The first decade of the 21st century likewise has witnessed the reemergence of a state of war with the attacks on 9/11 and military responses (in both combat and non-combat roles) globally. While the United States remains engaged against foes such as al-Qa`ida and its affiliated movements, other threats, challengers, and opportunities remain on the horizon. -
Annual Report and Accounts 2018-19
National Crime Agency Annual Report and Accounts 2018-19 HC 2397 National Crime Agency Annual Report and Accounts 2018-19 Annual Report presented to Parliament pursuant to paragraph 8(2) of Schedule 2 to the Crime and Courts Act 2013. Accounts presented to the House of Commons pursuant to Section 6(4) of the Government Resources and Accounts Act 2000. Accounts presented to the House of Lords by Command of Her Majesty. Ordered by the House of Commons to be printed on 22 July 2019. HC 2397 © Crown copyright 2019 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/official-documents. Any enquiries regarding this publication should be sent to National Crime Agency, Command Suite, Unit 1, Spring Gardens, Tinworth Street, London, SE11 5EN. ISBN 978-1-5286-1296-8 CCS0519221654 07/19 Printed on paper containing 75% recycled fibre content minimum. Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office. Contents Foreword by the Home Secretary 7 Part Two – Accountability Report Part One – Performance Report Corporate Governance Report 43 Directors’ Report 43 Statement by the Director General 9 Statement of Accounting Officer’s Who we are and what we do 10 responsibilities 44 How -
Rights Watch
British Irish RIGHTS WATCH SUBMISSION TO THE UNITED NATIONS HUMAN RIGHTS COMMITTEE CONCERNING THE UNITED KINGDOM’S COMPLIANCE WITH THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS SEPTEMBER 2007 1. INTRODUCTION 1.1 British Irish RIGHTS WATCH is an independent non-governmental organisation that monitors the human rights dimension of the conflict and the peace process in Northern Ireland. Our services are available free of charge to anyone whose human rights have been affected by the conflict, regardless of religious, political or community affiliations, and we take no position on the eventual constitutional outcome of the peace process. 1.2 This submission to the Human Rights Committee of the United Nations concerns the United Kingdom’s observance of the provisions of the International Covenant on Civil and Political Rights (ICCPR). All our comments stem directly from our work and experience. In the interests of brevity, we have kept details to a minimum, but if any member of the Committee would like further information about anything in this submission, we would be happy to supply it. Throughout the submission we respectfully suggest questions that the Committee may wish to pose to the United Kingdom (UK) during its examination of the UK’s sixth periodic report. 2. THE UNITED KINGDOM AND HUMAN RIGHTS 2.1 In its 2001 examination of the United Kingdom’s observance of the provisions of the ICCPR, the Human Rights Committee recommended that the United Kingdom incorporate all the provisions of the ICCPR into domestic law1. However, the UK has yet to comply with this recommendation. Suggested question: · What plans does the UK have for incorporating all provisions of the ICCPR into domestic law and what is the timetable? 2.2 The Human Rights Committee’s last examination of the UK’s observance of the provisions of the ICCPR further recommended that the UK should consider, as a priority, accession to the first Optional Protocol2. -
Serious and Organised Crime Strategy
Serious and Organised Crime Strategy Cm 8715 Serious and Organised Crime Strategy Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty October 2013 Cm 8715 £21.25 © Crown copyright 2013 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www. nationalarchives.gov.uk/doc/open-government-licence/ or e-mail: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to us [email protected] You can download this publication from our website at https://www.gov.uk/government/ publications ISBN: 9780101871525 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2593608 10/13 33233 19585 Printed on paper containing 75% recycled fibre content minimum. Contents Home Secretary Foreword 5 Executive Summary 7 Introduction 13 Our Strategic Response 25 PURSUE: Prosecuting and disrupting serious and 27 organised crime PREVENT: Preventing people from engaging 45 in serious and organised crime PROTECT: Increasing protection against 53 serious and organised crime PREPARE: Reducing the impact of serious and 65 organised crime Annex A: Accountability, governance and funding 71 Annex B: Departmental roles and responsibilities for 73 tackling serious and organised crime 4 Serious and Organised Crime Strategy Home Secretary Foreword 5 Home Secretary Foreword The Relentless Disruption of Organised Criminals Serious and organised crime is a threat to our national security and costs the UK more than £24 billion a year. -
Georgetown University in Partial Fulfillment of the Requirements for the Degree of Master of Arts in Security Studies
THE BATTLE FOR INTELLIGENCE: HOW A NEW UNDERSTANDING OF INTELLIGENCE ILLUMINATES VICTORY AND DEFEAT IN WORLD WAR II A Thesis submitted to the Faculty of the Graduate School of Arts and Sciences of Georgetown University in partial fulfillment of the requirements for the degree of Master of Arts in Security Studies By Edward J. Piotrowicz III, B.A. Washington, DC April 15, 2011 Copyright 2011 by Edward J. Piotrowicz III All Rights Reserved ii THE BATTLE FOR INTELLIGENCE: HOW A NEW UNDERSTANDING OF INTELLIGENCE ILLUMINATES VICTORY AND DEFEAT IN WORLD WAR II Edward J. Piotrowicz III, B.A. Thesis Advisor: Jennifer E. Sims, PhD. ABSTRACT Does intelligence make a difference in war? Two World War II battles provide testing grounds for answering this question. Allied intelligence predicted enemy attacks at both Midway and Crete with uncanny accuracy, but the first battle ended in an Allied victory, while the second finished with crushing defeat. A new theory of intelligence called “Decision Advantage,”a illuminates how the success of intelligence helped facilitate victory at Midway and how its dysfunction contributed to the defeat at Crete. This view stands in contrast to that of some military and intelligence scholars who argue that intelligence has little impact on battle. This paper uses the battles of Midway and Crete to test the power of Sims‟s theory of intelligence. By the theory‟s standards, intelligence in the case of victory outperformed intelligence in the case of defeat, suggesting these cases uphold the explanatory power of the theory. Further research, however, could enhance the theory‟s prescriptive power. -
Can Parliamentary Oversight of Security and Intelligence Be Considered More Open Government Than Accountability?
CAN PARLIAMENTARY OVERSIGHT OF SECURITY AND INTELLIGENCE BE CONSIDERED MORE OPEN GOVERNMENT THAN ACCOUNTABILITY? Stephen Barber ABSTRACT The nature of openness in government continues to be explored by academics and pub- lic managers alike while accountability is a fact of life for all public services. One of the last bastions of ‘closed government’ relates to the ‘secret’ security and intelligence ser- vices. But even here there have been significant steps towards openness over more than two decades. In Britain the Intelligence and Security Committee (ISC) of Parliament is the statutory body charged with scrutinising the agencies and since 2013 is more ac- countable itself to Westminster. This was highlighted by the first open evidence sessions involving the heads of the agencies which coincided with the unofficial disclosure of secret information by way of the so-called ‘WikiLeaks world’. This article examines scrutiny as a route to openness. It makes the distinction between accountability and open government and argues that the ‘trusted’ status of the ISC in comparison to the more independent Parliamentary Select Committees weakens its ability to hold govern- ment to account but, combined with the claim to privileged information and the acqui- escence of the agencies, makes its existence much more aligned to the idea of open gov- ernment Keywords - Westminster Select Committees, Intelligence and Security Committee, MI5 and MI6, scrutiny of public agencies. INTRODUCTION When the three heads of Britain’s security and intelligence services, Sir Iain Lobban (Director of GCHQ), Andrew Parker (Director General of MI5) and Sir John Sawers (Chief of MI6), appeared in Westminster on 7 November 2013, a new marker was set for open government. -
SPYCATCHER by PETER WRIGHT with Paul Greengrass WILLIAM
SPYCATCHER by PETER WRIGHT with Paul Greengrass WILLIAM HEINEMANN: AUSTRALIA First published in 1987 by HEINEMANN PUBLISHERS AUSTRALIA (A division of Octopus Publishing Group/Australia Pty Ltd) 85 Abinger Street, Richmond, Victoria, 3121. Copyright (c) 1987 by Peter Wright ISBN 0-85561-166-9 All Rights Reserved. No part of this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of the publisher. TO MY WIFE LOIS Prologue For years I had wondered what the last day would be like. In January 1976 after two decades in the top echelons of the British Security Service, MI5, it was time to rejoin the real world. I emerged for the final time from Euston Road tube station. The winter sun shone brightly as I made my way down Gower Street toward Trafalgar Square. Fifty yards on I turned into the unmarked entrance to an anonymous office block. Tucked between an art college and a hospital stood the unlikely headquarters of British Counterespionage. I showed my pass to the policeman standing discreetly in the reception alcove and took one of the specially programmed lifts which carry senior officers to the sixth-floor inner sanctum. I walked silently down the corridor to my room next to the Director-General's suite. The offices were quiet. Far below I could hear the rumble of tube trains carrying commuters to the West End. I unlocked my door. In front of me stood the essential tools of the intelligence officer’s trade - a desk, two telephones, one scrambled for outside calls, and to one side a large green metal safe with an oversized combination lock on the front. -
Joint Theatre Entry
Joint Doctrine Note 1/17 Joint Theatre Entry Joint Doctrine Note x/17 Air Manoeuvre Development, Concepts and Doctrine Centre Joint Doctrine Note 1/17 Joint Theatre Entry Joint Doctrine Note (JDN) 1/17, dated December 2017, is promulgated as directed by the Chiefs of Staff Head Doctrine Conditions of release 1. This information is Crown copyright. The Ministry of Defence (MOD) exclusively owns the intellectual property rights for this publication. You are not to forward, reprint, copy, distribute, reproduce, store in a retrieval system, or transmit its information outside the MOD without VCDS’ permission. 2. This information may be subject to privately owned rights. JDN 1/17 i Authorisation The Development, Concepts and Doctrine Centre (DCDC) is responsible for publishing strategic trends, joint concepts and doctrine. If you wish to quote our publications as reference material in other work, you should confirm with our editors whether the particular publication and amendment state remains authoritative. We welcome your comments on factual accuracy or amendment proposals. Please send them to: The Development, Concepts and Doctrine Centre Ministry of Defence Shrivenham Swindon Wiltshire SN6 8RF Telephone: 01793 31 4216/4217/4220 Military network: 96161 4216/4217/4220 E-mail: [email protected] All images, or otherwise stated are: © Crown copyright/MOD 2017. Distribution Distributing Joint Doctrine Note (JDN) 1/17, Joint Theatre Entry, is managed by the Forms and Publications Section, LCSLS Headquarters and Operations Centre, C16 Site, Ploughley Road, Arncott, Bicester, OX25 1LP. All of our other publications, including a regularly updated DCDC Publications Disk, can also be demanded from the LCSLS Operations Centre. -
Inside Russia's Intelligence Agencies
EUROPEAN COUNCIL ON FOREIGN BRIEF POLICY RELATIONS ecfr.eu PUTIN’S HYDRA: INSIDE RUSSIA’S INTELLIGENCE SERVICES Mark Galeotti For his birthday in 2014, Russian President Vladimir Putin was treated to an exhibition of faux Greek friezes showing SUMMARY him in the guise of Hercules. In one, he was slaying the • Russia’s intelligence agencies are engaged in an “hydra of sanctions”.1 active and aggressive campaign in support of the Kremlin’s wider geopolitical agenda. The image of the hydra – a voracious and vicious multi- headed beast, guided by a single mind, and which grows • As well as espionage, Moscow’s “special services” new heads as soon as one is lopped off – crops up frequently conduct active measures aimed at subverting in discussions of Russia’s intelligence and security services. and destabilising European governments, Murdered dissident Alexander Litvinenko and his co-author operations in support of Russian economic Yuri Felshtinsky wrote of the way “the old KGB, like some interests, and attacks on political enemies. multi-headed hydra, split into four new structures” after 1991.2 More recently, a British counterintelligence officer • Moscow has developed an array of overlapping described Russia’s Foreign Intelligence Service (SVR) as and competitive security and spy services. The a hydra because of the way that, for every plot foiled or aim is to encourage risk-taking and multiple operative expelled, more quickly appear. sources, but it also leads to turf wars and a tendency to play to Kremlin prejudices. The West finds itself in a new “hot peace” in which many consider Russia not just as an irritant or challenge, but • While much useful intelligence is collected, as an outright threat. -
The Right to Privacy and the Future of Mass Surveillance’
‘The Right to Privacy and the Future of Mass Surveillance’ ABSTRACT This article considers the feasibility of the adoption by the Council of Europe Member States of a multilateral binding treaty, called the Intelligence Codex (the Codex), aimed at regulating the working methods of state intelligence agencies. The Codex is the result of deep concerns about mass surveillance practices conducted by the United States’ National Security Agency (NSA) and the United Kingdom Government Communications Headquarters (GCHQ). The article explores the reasons for such a treaty. To that end, it identifies the discriminatory nature of the United States’ and the United Kingdom’s domestic legislation, pursuant to which foreign cyber surveillance programmes are operated, which reinforces the need to broaden the scope of extraterritorial application of the human rights treaties. Furthermore, it demonstrates that the US and UK foreign mass surveillance se practices interferes with the right to privacy of communications and cannot be justified under Article 17 ICCPR and Article 8 ECHR. As mass surveillance seems set to continue unabated, the article supports the calls from the Council of Europe to ban cyber espionage and mass untargeted cyber surveillance. The response to the proposal of a legally binding Intelligence Codexhard law solution to mass surveillance problem from the 47 Council of Europe governments has been so far muted, however a soft law option may be a viable way forward. Key Words: privacy, cyber surveillance, non-discrimination, Intelligence Codex, soft law. Introduction Peacetime espionage is by no means a new phenomenon in international relations.1 It has always been a prevalent method of gathering intelligence from afar, including through electronic means.2 However, foreign cyber surveillance on the scale revealed by Edward Snowden performed by the United States National Security Agency (NSA), the United Kingdom Government Communications Headquarters (GCHQ) and their Five Eyes partners3 1 Geoffrey B. -
Mass Surveillance
Thematic factsheet1 Update: July 2018 MASS SURVEILLANCE The highly complex forms of terrorism require States to take effective measures to defend themselves, including mass monitoring of communications. Unlike “targeted” surveillance (covert collection of conversations, telecommunications and metadata by technical means – “bugging”), “strategic” surveillance (or mass surveillance) does not necessarily start with a suspicion against a particular person or persons. It has a proactive element, aimed at identifying a danger rather than investigating a known threat. Herein lay both the value it can have for security operations, and the risks it can pose for individual rights. Nevertheless, Member States do not have unlimited powers in this area. Mass surveillance of citizens is tolerable under the Convention only if it is strictly necessary for safeguarding democratic institutions. Taking into account considerable potential to infringe fundamental rights to privacy and to freedom of expression enshrined by the Convention, Member States must ensure that the development of surveillance methods resulting in mass data collection is accompanied by the simultaneous development of legal safeguards securing respect for citizens’ human rights. According to the case-law of the European Court of Human Rights, it would be counter to governments’ efforts to keep terrorism at bay if the terrorist threat were substituted with a perceived threat of unfettered executive power intruding into citizens’ private lives. It is of the utmost importance that the domestic legislation authorizing far-reaching surveillance techniques and prerogatives provides for adequate and sufficient safeguards in order to minimize the risks for the freedom of expression and the right to privacy which the “indiscriminate capturing of vast amounts of communications” enables.