“All that is needed for evil to prosper is for people of good will to do nothing”—Edmund Burke

The

Whistle No. 101, January 2020

Newsletter of Whistleblowers (ISSN 2205-0299)

Reviews and articles

BOOK REVIEW $9 more than the standard charges of were hell bent on protecting the Catho- surrounding state schools, like Eliza- lic Church’s good name at the expense Walking towards thunder beth Grove Primary and Elizabeth of the “little ones,” the innocent chil- A review of Peter Fox’s book South Primary which charge $241 a dren, who were sexually abused by year. paedophile priests. The safety and well- Reviewed by Maggie Dawkins The Catholic Church continues to being of children in schools and in find other reasons to justify why parents churches were of little consequence for are keeping away from choosing a decades, until good people like Peter POLICE OFFICER PETER FOX worked in the Hunter region of NSW for 36 years, Catholic Education for their kids. The refused to be silenced. rising to Detective Chief Inspector. latest reason, according to the media Walking Towards Thunder docu- Frustrated with decades of cover-ups by report, is to give families access to ments the cover-ups of the behaviour of the Catholic Church of the sexual abuse affordable Catholic education, as the multiple priests by Church luminaries of children by paedophile priests, Peter driving factor for this initiative. There such as Phillip Wilson and George Pell. took the unusual step of publicly is no mention of the devastating impact It shows how the tentacles of each speaking out in support of victims and the revelations from the Royal Com- branch of our civil society failed our their families. His courageous decision mission into Child Sexual Abuse had on children and their parents. cost him his job, as he joined a chorus the business model of the education of like-minded people who influenced division of the Catholic Church. Until Prime Minister Julia Gillard to establish ‘Mother Church’ openly declares it has the Royal Commission into Institu- learnt valuable lessons, such as putting tional Child Sex Abuse in 2013. kids’ safety and wellbeing first and foremost, by implementing significant policy reforms to keep priests out of the schoolyard and classrooms, enrolment numbers will continue to drop like a stone. There are of course other steps the Catholic Church is reticent to take, such as showing genuine remorse for the victims of child sexual abuse at the Peter Fox hands of priests who were trusted and, in some cases, revered. While reading Peter’s just-published In a speech to Human book Walking Towards Thunder, I Rights Commission Justice Peter chanced upon an article in my local McClennan who headed the Royal Commission into Child Sexual Abuse, Adelaide newspaper, The Advertiser, which provided context for what the said, “I cannot comprehend how any author achieved against the might and person, much less one with qualifica- Having briefly met Peter, I found power of the Catholic Church. “With tions in theology … could consider the that his writing is an honest reflection only 90 children currently enrolled, St rape of a child to be a moral failure but of the person. He has a distinctly Mary Magdalene’s has had a 44 per not a crime.” Australian turn of phrase. I could hear cent pupil decrease since 2013,” the Care and adequate compensation his voice as I read the words. It is a newspaper reported. appear a way off, as Justice McClennan unique story of dedication and perse- In unison with complicit police, an said he “… was disheartened to read verance, told eloquently. amenable legal system and the NSW media reports about delays in institu- The reader will find themselves State Government of Barry O’Farrell, tions signing up to the national redress chuckling at Peter’s self-deprecating Peter did what he set out to do and let scheme for survivors, which allows humour, in some of the darkest of mo- parents know that Catholic schools them to access counselling, a personal ments of the book. It is easy to connect were not necessarily safe havens for our response and a financial payment.” with him and feel for Peter, as he is children and, importantly, why. This book has a warts-and-all predictably done over by the Cunneen His message has been received, loud authenticity that surpasses others I have Inquiry. His inhumane treatment at the and clear across the country since the read of this genre. Walking Towards hands of the NSW legal system, the Royal Commission into Institutional Thunder is different, because it tells a police and the NSW State government Child Sexual Abuse. Parents have been wider story, from the perspective of a demonstrate the formidable fire power deserting Catholic schools in droves. NSW cop trying to do his job, a job Peter confronted. I would suggest, it is Catholic Education Peter clearly loved. a badge of honour to be discredited by responded by reducing its school fees Doing his job clashed with those in that inherently questionable process. from $2,175 to $250 a year — a mere positions of power and influence who

2 The Whistle, #101, January 2020 It would be naïve to suggest that avoidance and possibly criminal activ- Jeff Morris’s story is instructive. He Peter and his wife Penny haven’t been ity. He went to his superiors in the bank. reported problems to managers within adversely affected by the unrelenting They didn’t want to know. He went to the Commonwealth Bank, then went to attacks on Peter’s character. This has tax authorities in . They the regulator, the Australian Security been a long and difficult road for them. didn’t want to know either. He went to and Investments Commission. His re- I challenge you to not feel an immense the Swiss federal prosecutor, again with ports went nowhere. It was only when sense of respect for this great Austral- no result. He went to numerous journal- he made contact with politicians and ian, as you close the book. I felt it was ists in Switzerland. They weren’t inter- journalists that his concerns started to a privilege to share his ordeal and know ested. He eventually learned that bank- generate some pressure for change. a little of Peter’s dogged determination ing secrecy, which enabled corruption, This is all described in journalist Adele and downright bravery, which squarely was sacred in Switzerland, and no one Ferguson’s revealing book Banking places him on the right side of history. in the country was willing to expose Bad. Although Jeff was vindicated — The title of the book, Walking problems. his claims and his courage are now Towards Thunder, is borrowed from an widely recognised — the saga took a Irish saying, which advises you to take terrible toll on him, destroying his on the storm ahead. As the saying goes, career and damaging his health and its rain, winds, thunder and lightning relationships. (You can read more of will pass in time and you will emerge Jeff’s story in this issue of The Whistle.) into the peace and calm of the sunlight Jeff’s story is all too common. It has that inevitably follows. Peter and Penny been replicated in countries around the have earned their place in the sun. It is world. If you want to learn more about thanks to people like Peter who faced financial services whistleblowing, turn the wrath of the Catholic Church, to Kate Kenny’s new book Whistle- fellow coppers, the legal system and the blowing: toward a new theory. NSW State Government and lived to Kenny interviewed finance-sector tell the tale. For a formidable and whistleblowers from Britain, Ireland, confronting topic, it’s a cracking good the US and Switzerland. One of them, yarn! mentioned above, was Rudolf Elmer. Their stories have remarkable similari-

Peter Fox, Walking towards thunder: Rudolf Elmer ties. the true story of a whistleblowing cop Nearly all of them worked in large who took on corruption and the Church Rudolf finally found a receptive financial organisations, in compliance (Sydney: Hachette, 2019) audience — in other countries. Journal- positions in which they were expected ists in Britain saw him as a hero. Gov- to look for irregularities and violations See page 8 for a report on Peter’s talk at ernment bodies outside Switzerland of procedures. In other words, it was the 2019 Whistleblowers Australia were interested too, for good reason. their job to detect and report problems. conference. Tax avoidance via Swiss banks was They didn’t initially think of them- costing them billions of dollars in lost selves as whistleblowers because, in a Maggie Dawkins is a member of revenue. literal sense, by making reports they Whistleblowers Australia’s national were simply doing their jobs. Some of committee. See the January 2019 issue Even with international support, Rudolf’s path was difficult, to say the them were legally required to report any of The Whistle for her own whistleblow- problems they discovered. The majority ing story. least. Like other whistleblowers, his of the individuals she interviewed had employer did everything possible to discredit him. As well as losing his job, been employed in watchdog roles; he was arrested and charged with steal- BOOK REVIEW their formal job description involved ing bank documents, and spent 200 finding and highlighting incidents of days in prison. His career was de- wrongdoing, whether this was as an Learning from bank stroyed. His family members were internal auditor, a risk manager, a harassed by private investigators. compliance officer, or an anti-money whistleblowers laundering officer. All occupied a For those who have been following A review of Kate Kenny’s book senior position in their organization. Whistleblowing stories about corruption in financial (page 6) services, Rudolf’s story will not be sur- Reviewed by Brian Martin prising, except perhaps for the severity In the past two decades, there have of the reprisals he suffered. The recent been massive levels of malpractice in RUDOLF ELMER worked for the Swiss banking royal commission highlighted financial services. Some of this mal- private bank Julius Bär for over 15 corrupt practices in Australian financial practice, including making loans to years. He started as an auditor and then services. It also made more visible the customers who have no prospect of in 1994 became chief operating officer vital role that whistleblowers have paying them off, directly led to the at Julius Bär’s Cayman Islands branch. played, as well as the failure of regula- global financial crisis. Unknown to He came across suspicious financial tors to deal with serious problems. most of the public, there were warnings structures in the branch that enabled tax from the inside, perhaps not enough of

The Whistle, #101, January 2020 3 them, but still a lot of them. But no one concerns seriously. Media coverage them. They start doubting themselves. in authority seemed to want to know. made an enormous difference in trans- After all, if everyone else in the For those employees who reported forming them from traitors into heroes. company supports the management problems, what happened next is famil- One of Kenny’s most valuable view that nothing’s wrong, then it’s iar. Their reports were ignored. In some insights is to highlight the importance natural for them to start doubting their cases, their reports were greeted favour- of the whistleblower identity. An iden- own observations and their interpreta- ably but nothing changed. Alterna- tity, or role, is a category like mother, tions of documents. tively, they immediately suffered neighbour, graduate, commuter or You can read Kenny’s book Whistle- reprisals. The experience of Eileen employee. It is a label that captures blowing mainly for the stories of high- Foster, who headed the fraud unit at some facet of one’s relationship to other profile financial sector whistleblowers, large US mortgage lender Countrywide people and to social systems, and each gaining an insight into their experi- Financial, is instructive: label comes along with a set of assump- ences. This is straightforward, and is a tions. People have images in their head valuable treatment, especially in show- It was then that Eileen began to hear more and more stories about internal of what it means to be a mother, neigh- ing the enormous power of banks and whistleblowers being punished and bour and so forth. The labels matter the incredible difficulties facing those sometimes fired for raising concerns. because they shape the way we think whose job it is to try to save banks from In fact, internal reporting channels about ourselves and others. their own folly. were used to identify and isolate To be called a whistleblower is to be potential whistleblowers rather than given a particular label. To see oneself deal with the problems raised. In as a whistleblower is to adopt an effect, people who were just doing identity for oneself. For the financial their job — protecting Countrywide sector employees who had come under from potential prosecution as well as protecting the money-borrowing attack for doing their jobs, the label of public — were being watched, whistleblower was not natural. It was singled out, and punished. As she applied to them by others, and then would later note, she believed that sometimes they adopted it. The whistle- Employee Relations was “engaged in blower label and identity helped them the systematic cover-up of various understand their actions and to value types of fraud through terminating, what they had done. harassing, and otherwise trying to Kenny notes that in the face of the silence employees who reported the relentless attack on their credibility by underlying fraud and misconduct.” Staff in Employee Relations, she their employers, the individuals she said, had “the ultimate power to studied adopted the role of professional. silence the whistleblower. They were Referring to their professional compe- the controlling factor. Without them, it tence provided a way of defending wouldn’t work.” (page 64) against denigration. In most cases, though, they did not seek out the label Going to government regulators was and role of whistleblower. That was often the next step. Again, the most thrust upon them, by employers or the common result was being ignored. For media. There is another side to the book, example, in Ireland the regulator used The role or identity of whistleblower indicated by the subtitle: Toward a New “light touch” methods to deal with has advantages and disadvantages. In Theory. Kenny draws on the ideas of problems, which meant relying on the face of continual devaluation, it social theorists Michel Foucault and companies to report their own prob- validates one’s actions. On the other Judith Butler to interpret the experi- lems, and giving warnings but under- hand, it positions a person as intention- ences of whistleblowers. A key idea is taking no prosecutions even for the ally setting out to expose problems, that people are not isolated, independ- worst abuses. Olivia Greene, who tried with the connotations of being a mal- ent individuals, but psychologically to expose loan practices that were content or stirrer, which was far from intertwined with others. People’s sense putting banks at risk, learned to her the previous identity adopted by these of their own selfhood derives from detriment that light-touch regulation financial employees. society. meant no action would be taken. The Kenny devotes considerable atten- consequence of this regulatory inaction Whistleblowing is commonly as- tion to the psychological side of was collapse of the Irish financial sumed to be a practice carried out by whistleblowing. She notes that during an autonomous individual acting sector, which was bailed out by the the process by which whistleblowers alone. It is no such thing. Through government at massive cost to future are ostracised by co-workers, fired, striving for recognition, the whistle- generations of Irish taxpayers. referred to psychiatrists and sometimes blower finds herself outside herself, Reprisals from their employers and disowned by others, they sometimes caught up in the reflections granted unresponsive regulators: what next? All by other people and by wider societal take on this experience of exclusion in the individuals in Kenny’s study were norms. She is not a bounded entity their own psyches. In other words, they high-profile: their stories had been but rather a porous, radically social start thinking about themselves in the covered in the media. Journalists some- self. One person may happen to blow same way that their antagonists treat times were the first people to take their the whistle, but this is frequently the

4 The Whistle, #101, January 2020 result of a series of dialogues both have cast fear into the hearts of the internal and external with communi- banks and the government. The PM ties of other people. Whistleblowing spoke of his deep reluctance to do even is not the act of an individual; it is an this, when we all knew there was intrinsically collective phenomenon, even when it appears as though only nothing to see here, because we all one person is speaking out. (pages knew the market could be trusted to get 211–212) it right. Yes, I mentally added — right for them! Not for the whistleblowers, Kenny hopes that this insight into the not for those who were robbed or for construction of people’s sense of self those who were coerced into leaving can provide guidance for the challenges their scruples at the door. facing whistleblowers. The government had steadfastly If you are a fan of Foucault and ignored its own John “Wacka” Wil- Butler, you will be able to appreciate liams for years, except to boast about Kenny’s application of their ideas to Kate Kenny the being a broad church. But whistleblowing. Otherwise, you may when he teamed up with Common- find her use of theory unsatisfying. Kate Kenny, Whistleblowing: toward a wealth Bank whistleblower Jeff Morris It is important to understand the new theory (Harvard University Press, and Sydney Morning Herald journalist dynamics of whistleblowing. From a 2019) Adele Ferguson in 2013, the sands scholarly point of view, this is worth- started to shift as other whistleblowers while as an intellectual exercise. From Brian Martin is editor of The Whistle. came forward. And in a relatively short a practical point of view, it is worth- time it became very clear that Wacka’s while if there is a payoff in terms of concerns were just the tip of the how to help organisations and societies Corrupted by iceberg. respond better to warnings about Between them they sparked media dysfunction. The trouble is that there design for profit investigations into the four big banks are dozens of different theoretical Cynthia Kardell and financial services industry, reveal- perspectives that might be used to inter- ing how negligent financial advice had pret the whistleblowing experience, and THIS TIME last year I was hoping the ripped about half a billion dollars out of some of these have more obvious Hayne banking and financial services their customers’ retirement portfolios applicability, for example the idea that royal commission might — just might and crooked insurance packages had power tends to corrupt or the idea that — prove to be the catalyst we needed decimated loyal but seriously ill people identify with their organisations for genuine change. This was despite customers. Other whistleblowers and display antagonism towards out- the terms of reference being too narrow, followed with the news that AMP had groups. the budget too tight and the timeframe been charging dead customers, Westpac Kenny notes that managers try to too short. There was a niggling possi- was laundering millions of dollars in turn the focus on the whistleblower and bility that the theatre provided by a overseas transfers, some to known away from the concerns they raise. finger-waving commissioner and the paedophiles, and worse, all of them had Curiously, though, her book Whistle- devastating “Shock and Orr” exposure been coercing their employees into blowing also has this focus. There have of witnesses might be the high-water accepting systemic, incentivized fraud been hundreds of books about whistle- mark, given that the government was as the normal cost of doing business. blowers. Perhaps we need a few more still keen to deny and downplay the Financial advice and wealth group about non-whistleblowers, those who significance of the royal commission. IOOF Holdings had deliberately know about corruption and keep quiet. devised a scam to defraud its investors, Kenny says that “society” is compla- telling the Hayne commission it cent about whistleblowers: people “passed the pub test” because no-one know that whistleblowers pay a penalty had complained about it. for their actions, but simply accept this It seemed the mafia were operating as the way things are. I have to disagree. the much vaunted free market. No doubt some people accept the usual If you were thinking it couldn’t have scenario as inevitable, but others are got any worse, you’d have been wrong, upset and enraged by the injustice, because that cost of doing business was which is one reason whistleblower Rowena Orr, counsel assisting the royal commission, was noted for her also deliberately reduced over years by stories are so newsworthy. It will be a industry-wide wage theft and underpay- great day when the media are uninter- devastating questioning of witnesses ment. Journalist Adele Ferguson nailed ested in whistleblowing because it it on The Drum recently with “It’s theft. quietly leads to positive change, with- After all, the government only gave It’s wage fraud. If you’re deliberately out a thought for reprisals. Just don’t in to rising demands for a commission not paying someone what they should hold your breath. when the banks wrote urging the prime minister to establish one that they could be paid, you’re stealing from them.” control, rather than the one being It’s easy to lose sight of just how proposed by the Senate, which must pervasive this theft has become,

The Whistle, #101, January 2020 5 because there’s been so much of it laid happens so obviously something else them even if we wanted to, without out in the press. You’ll remember 7- has to change. owning up to the fact that fair and Eleven, Pizza Hut and Dominos have There is no sense that this is slowing reasonable tax is what powers our all been caught out stealing. And then down anytime soon, when the Grill’d democracies. there are the celebrity chefs, Adriano burger chain scandal was recently Tax, when it is fairly and equitably Zumbo and George Calombaris, who exposed, with hundreds of current and raised, collected and properly used to were very publicly forced to pay their former workers contacting media with sustain a civil society, is a public good staff back millions, claiming it was a stories of being overworked and not but, to encourage a sense of grievance, simple mistake. None of these are fly- paid. we are being conned into believing we by-night operations. They’re well shouldn’t have to pay tax. Why? You known and have enjoyed our trust. So can’t con those who understand why it where were their accountants, lawyers is a myth, but you can con those who and auditors? These are just some of the feel cheated thinking about the squil- many stories still begging to be told. lions being squirrelled away illegally, when they can’t do the same. Once you’ve got people thinking it is okay to grab what you can, the only thing left to do is come down hard on those who you don’t want to share with. Those who won’t be bought! Jeff Morris and the IOOF whistleblower can tell you a This is serious stuff. I doubt even the thing or two about that. recommendations made by the Hayne It’s a nasty world, but there it is — commission will do the job when we the free market. Looking at the way George Calombaris still don’t know the half of it. Where many employees have left their scruples were the legal, accounting and insol- at the door to stay in a job, we’re more Another burgeoning problem has vency firms when these rorts were than halfway to where we’ll do emerged over the last two years being bedded down? Lawyers, account- anything for a promise and the odd courtesy of the petrol station and ants and auditors whether in-house or freebie. In ancient Rome the price for convenience store chain On the Run not exist to advise, devise and imple- being ripped off all year was a free (OTR) scam, which was recently ment policy, so why did government circus, with some bread and wine. So embroiled in allegations of underpay- content itself with just examining their how far have we come and where do we ment of wages and sham traineeships delivery? want to go? when a class action law firm flagged it Is it that one of the greatest neolib- The government is also clamping was investigating the company. OTR is eral myths of our time is about to come down on those who won’t be bought. now headed up by former 7-Eleven tumbling down? That free markets Whistleblowers David McBride, Pat- chief executive Warren Wilmot. aren’t after all what they’ve been rick Boyle and Witness K and his Remember the 7-Eleven scam. It was cracked up to be? lawyer Bernard Collaery can attest to one of the first caught out stealing. It Even today the government is quick that. Their trials will be held in secret to was “paying its workers, some of them to remind us that business knows best guard against us knowing how the students, as little as $5 an hour. Some and, if it is left to do its thing it will government deliberately corrupted civil were blackmailed, threatened with create jobs and security for all. Its service for their personal and political deportation if they spoke up or kidded largesse will trickle down as it always profit. It’s a jealous, cruel act designed into believing they were on a good has. Right? Well no. It is myth making to coerce and completely cow the wider wicket” (Sydney Morning Herald). on a huge scale, which is why they public service into lickspittle subservi- Welcome to the brave new world! never let up on it. You can expect the ence. It is operating like the executive Another example. One of those rhetoric to become even more strident of some of our large corporations, involved in the IOOF scandal has been and more punishing, with thinly veiled which by design, purpose and operation retained by AMP to craft its recovery. threats should you waver from their are entirely undemocratic, unless forced Remember the AMP? As if you could cause. to be so through our laws and regulation forget it. It had a very lucrative billion- The thing is, sensible even robust red — that is, red and green tape in the dollar “fees for no service” racket in full tape has always been the thing that service of the public’s interest. swing before it was exposed in the saved it (the myth) from extinction, but Not one senior bank or financial press. ASIC — the Australian Securi- with the passage of time as government services executive has faced a court- ties and Investments Commission, the whittles away at what remains, we seem room yet. government regulator — says some of to be reaching a tipping point. That AMP’s executives may face criminal tipping point is certainly where large Cynthia Kardell is president of charges. But then, that was last Febru- global entities rival nation states. Whistleblowers Australia. ary, so please don’t hold your breath. It Where we don’t know who owns them is likely pigs will fly before that or where they pay tax if they pay tax at all. Where we can no longer regulate

6 The Whistle, #101, January 2020 WBA conference

WBA’s annual conference and AGM If at first you on social media if we choose to build it. were held at the Uniting Church Love it or hate it, social media can make Convention Centre, North Parramatta, don’t succeed … or break you … or, on a fickle day, both. Sydney on 23–24 November 2019. Lynn Simpson Read the comments, learn the knowledge gaps and misconceptions. AS A WHISTLEBLOWER in 2019 there are Conference a few take home messages I have learnt. Saturday 23 November We are not the first, therefore we 9:00 Welcome: Cynthia Kardell have the luxury of learning likely reper- 9:15 IOOF whistleblower cussions from others’ experiences. 9:55 Lynn Simpson, live exports Knowledge is power. Learn everything whistleblower, “If at first you you can. Treat your new path as a don’t succeed” whistleblower like research: buy books, 10:35 Morning tea study cases. Learn from others’ mis- 11:05 Richard Gates, “On the human takes and wins. Learn how to best condition” defend and protect yourself. 11:45 Peter Fox, NSW police Why, how, when. I was a veterinar- whistleblower, “On walking ian in the live export trade. Since 2001 towards thunder” I have been raising concerns to the 12:25 Lunch Australian Government regarding the 1:45 Brian Toohey, “Whistleblowing welfare and health implications of the in a time of media ambiguity” animals involved. All seemed to fall on 2:25 Quentin Dempster, “The deaf ears. Roll forward to 2012 and I Frankenstein effect: why was contracted by the government to whistleblowers are needed now, help rewrite improved animal welfare Lynn speaking at the conference more than ever” legislation for live export. Exporters didn’t like my involvement, so the 3:05 Afternoon tea “Rumors excite the stupid, facts 3:35 Jeff Morris, CBA whistleblower, government caved to industry pressure and threw me under the bus. But not excite the smart.” Drown out the stupid “After the banking royal with facts, enlist the smart to perpetuate commission” before “leaking” a submission I had confidentially submitted, including 44 the truth. For example, when I first 4.05 Michael Cole on ASIC corporate spoke of live export needing to end whistleblower policy pages of images of animal cruelty and failed legislation. there was an uproar from mainstream rural constituents. Mistakenly thinking AGM and discussions I quickly learned how a person became known as a whistleblower the trade was essential for rural Sunday 24 November Australia, I learnt and pointed out that 9:00 Annual General Meeting while simply doing their job well and speaking up for the “voiceless” less than 5% of sheep exports goes live, 10:35 Morning tea less than 6% of cattle go live. The 11:05 Discussion animals. Most importantly; I learned never to remainder are chilled and frozen in a 12:25 Lunch box, processed under strict regulations 1:45 More discussion trust or work for the government ever again. in Australia. 2:25 Discussion continued Give the facts and weed out the “fake 3:05 Afternoon tea With nothing left to lose I began on a path of lawyers, medical practitioners news.” 3:35 A final wrap, with jam and wine Make the most of a frustrating situa- and media. I settled out of court with the Depart- tion. Know that legal and government ment of Agriculture after a three and a action works at a glacial pace. Don’t half year fight, leaving with injuries — despair. Use the opportunity to learn political, psychological and physical — more, collect evidence, really think that money could not fix. through all angles of your situation. Needing a new, meaningful path for Whistleblowing tends to follow a recipe my life I turned to advocacy of the issue — only the themes change. I had been removed from. I recommend Don’t fight insomnia, use it as your the catharsis that comes with spreading brain intends: think things through, the word of your situation if there is an write things down, exercise if needed interested audience. and gain traction and peace of mind The audience could be via traditional moving forward. media: TV, radio or newspapers. However today we all have a platform

The Whistle, #101, January 2020 7 Find your tribe: like-minded people Remember; if you get tired, take a framed. Peter has been through all the who understand your situation and break and look after yourself, don’t standard things experienced by whistle- challenges without judgement. quit. blowers. He saw four psychiatrists and My situation concerned an inter- was on medication for years. national issue, so I had to find an Writing his book took four or five international audience. I was fortunate On walking years. He didn’t care about sales or enough to gain some media traction and readers: he just knew it was valuable for even when I did not want to I performed towards thunder him to write it. It was a form of therapy. like a trained seal, giving interviews, Notes on Peter Fox’s talk He feels better and has stopped taking talks, lectures, responding to social by Brian Martin medication. Having the book out there media (both good and bad), and writing has done him a lot of good. articles for magazines and opinion When growing up, Peter only wanted to The publishing process was a learn- pieces. Keep in mind our journalists are be a cop. He served as a NSW police ing experience. The lawyers insisted on both fearful of personal implications, detective for 36 years, and was passion- taking out about 20% of his book, but also grateful for free copy that you ate about his job. explaining that although the facts could produce with your neck on the line. be supported, if they went to court they I was internationally vindicated with would lose financially even if they won every new exposé that was released. the case. As a result, there are quite a International momentum and move- few things that can’t be made public. ment grow exponentially with every That wasn’t as important as getting the disaster or exposé that occurs. story of child sexual abuse out there. Major steps forward include the When writing the book, Peter Australian Government reviewing its obtained advice from a writer. One of own ability to regulate the trade and Peter’s grandchildren was keen about essentially giving itself a fail. Now for the English language and asked for the the first time we also have a major first copy of his book. Peter had thought exporter, responsible for more than 1.5 about who might receive the first book, million of their sheep ending up dead but considering his story was written to and thrown into the world’s oceans as protect children, he thought it appropri- wastage, being charged with animal ate his granddaughter received the first. cruelty and awaiting sentencing. An important part is making a change Finding my tribe in the whistleblow- so that kids in the future are safer. ing and animal advocacy world has Reprisals continue. When Peter sees eased the burden and made persistence other cops, he waits for them to initiate pay off. a handshake, having learned not to put The trade is slowly declining. Social out his hand first because some refuse acceptance is dramatically diminished: to shake it. On the other hand, he has the writing is on the wall. The end of supporters among cops. He’s given Peter speaking at the conference this trade is looming with growing so- talks, especially in the Hunter Valley. cial, political, environment and medical Then he blew the whistle on institu- At many, police attend and tell him they (public food safety) pressures against it tional child sexual abuse. Peter ob- appreciate what he did. all based on increased awareness. served that no police force in the Peter said that for whistleblowers, In January 2020 the UN will be it’s the same story, over and over. The country appeared to be doing anything implementing a new regulation on ship public are overwhelmingly in support about it. His experience was that child exhausts and their air pollution levels. of what they’ve done, however politi- sexual abuse was a major problem in This seemingly obscure regulation cians remain fearful of whistleblowers, the church, especially the Catholic should prove to give a net animal but realise they need to be seen to be Church. Peter knew a number of priests, welfare win globally as many of the live taking care of them. Politicians who good priests, ones who were concerned export ships are old and will not be able about what was happening in the church pass whistleblower acts consult aca- to comply. I predict a massive reduction and who were supportive of doing demics and others — but don’t consult of the small number (135) of ships in something about the problem. whistleblowers themselves. Public the international fleet. This new regula- He didn’t plan to be a whistleblower. Interest Disclosure Acts end up provid- tion, along with growing social disdain People speak out because it’s right, and ing little protection for whistleblowers. and low future confidence in this don’t think, “Is my arse covered?” Peter By way of example Peter said, like business model will help end the trade. many others, he was proud of Aus- went to internal affairs, the first of There is no easy fix to the issues we tralia’s role in obtaining independence several unproductive avenues. Whistle- face. Determination, facts and support for East Timor. Then the government blowers don’t know the legalities are the most valuable tools you can bugged East Timorese offices on behalf concerning speaking out. 95% of whis- have. It’s not a race. Go at your own of a company. The prosecutions of tleblowers are not protected because pace. they don’t know about the legalities and Witness K and his lawyer are yet further how public interest disclosure acts are examples of the government punishing

8 The Whistle, #101, January 2020 whistleblowers and intimidating other In his memoir Permanent Record, December 2018. It was a complex bill potential whistleblowers. Snowden said he was motivated by the that required a lot more scrutiny — Acts to protect whistleblowers are discovery that the NSA was building especially as it seems to allow security being passed at the same time as the the most extensive global mass surveil- agencies, acting without a judicial government prosecutes whistleblowers. lance system ever devised. The goal warrant, to force tech companies to And how do governments control was to collect, analyse and store every- weaken their computer systems to regulatory bodies such as the Police thing. His leaks showed that the bulk reveal unencrypted data. The Russian Integrity Commission? They cut their interception of American citizens government, often considered auto- funding. Governments don’t want bad communications data broke US law, but cratic, doesn’t have a similar law. publicity, so they quietly reduce the not that of foreigners, including Aus- A special law involving what is capacity of these bodies to expose tralians. called a Secret Intelligence Operation corruption. highlights the draconian treatment of Peter said it’s becoming harder and whistleblowers compared to journalists. harder to be a whistleblower. You can’t During a SIO, this law allows the intel- win every battle. It’s the big ones that ligence agencies and police to commit count. what would otherwise be criminal acts, including acts of violence short of See page 2 for a review of Peter’s book. murder and other extreme forms of physical harm. Initially, nothing could be reported about what happens during Whistleblowing in a time an SIO. But the Turnbull government — in a rare move — changed the law to of media ambiguity basically exempt journalists. However, Brian Toohey a whistleblower in one of the security organisations who witnesses seriously I’M NOT SURE anyone in this room could violent acts or other abuses of power hope to match ’s can be charged if they reveal what chutzpah on his way to becoming the happened. In a just society, whistle- greatest whistleblower in the history of blowers would be lauded for exposing intelligence services. Snowden was a serious abuses of power, not jailed. contract employee of the National The introduction of the SIO law was Turning to Australian whistleblow- Security Agency — the most powerful a petulant reaction to the finding by ers, I’m sure you don’t need further signals intelligence organisation in the New South Wales Supreme Court judge proof that the government is not sincere world — when he realised that it often Michael Adams in 2007 that two ASIO about protecting you. If it were, it failed to back up its advanced officers committed criminal offences of would not be prosecuting witness K and computerised systems and programs. false imprisonment and kidnapping of a his lawyer. What witness K did was So he offered his bosses a solution. young medical student. So long as they clearly in the public interest. He They readily accepted his proposal to do not use excessive violence, the exposed illegal behaviour by Australia build a comprehensive backup system security services are now exempt from in stealing petroleum resources from and let him run it. He subsequently crimes which apply to everyone else in the tiny impoverished nation of Timor- copied huge volumes of highly sensi- Australia. Leste. Those responsible should have tive information from this database and In another example, the Australian been charged for what amounted to took them with him when he left the Federal Police in August 2016 pre- commercial espionage on a grand scale. NSA in 2013. He now lives in Moscow, sumed it had the right to raid Parliament Likewise, the government is deter- a vibrant and fascinating city. House, access its IT system and seize mined to punish the ATO whistle- thousands of documents in an effort to blower Richard Boyle and the Defence find the source and recipient of leaks whistleblower David McBride. The that told the national broadband net- latter helped expose alleged war crimes work’s ultimate owners — the public committed by Australian special forces — that delays and costs were rising. in Afghanistan. After the AFP was criticised for trying The metadata law — requiring tele- to hunt down the leak of information communications companies to store the that was not even classified, a new law digital fingerprints of all their custom- emerged in 2018 that made it a criminal ers — made life extremely difficult for offence to receive or publish anything whistleblowers trying to get in touch considered “harmful,” whether classi- with journalists. Snowden described fied or not. The contrast with the this law as an unprecedented act by a restraint shown in the earlier era is “nominally” democratic government. striking. After I published the top-secret The noose tightened further when Hope Report on the Australian Secret the anti-encryption law passed Parlia- Brian speaking at the conference Intelligence Service in 1981, Prime ment after only four sitting days in

The Whistle, #101, January 2020 9 Minister Malcolm Fraser told ASIO 2002 after a visit to the US — “The murdered in Australia. Journalists re- head Harvey Barnett to tap my office intelligence is being fitted around the ported this claim as true. Back then, a phone in Parliament House. Barnett policy [to invade]”. A large-scale leak sceptical attorney general — now an refused on the grounds that ASIO by a whistleblower might have pre- extinct breed — asked Walsh for should not intrude on Parliament House vented the 2003 invasion. evidence. When he failed to produce as it was the pinnacle of our parliamen- It is important to understand that no any, the AG Michael Lavarch made this tary system of government. That pinna- intelligence leak has ever killed anyone public. Naturally enough, after Walsh cle now belongs to the security services. in Australia. Keeping intelligence resigned from ASIO, he could be found Snowden makes a distinction be- secret has killed large numbers of commenting as an “expert” on security tween governments leaking classified innocent people in drone strikes, matters in the pages of The Australian. information and whistleblowers expos- assassinations and wars. Nor has any Intelligence assessments made in ing wrongdoing. He says unnamed Australian ever been convicted of an secret inherently suffer from the lack of senior government officials often leak espionage offence. As recently re- outside scrutiny that would normally classified information to journalists to ported, the government has secretly detect errors of fact or logic. Yet intel- “advance their own agenda and the prosecuted, convicted and jailed an ligence agencies these days often efforts of their agency or party.” US Australian citizen in the ACT for dominate traditional policy-making by intelligence officials even leaked a unknown offences. Alleged foreign departments such as Foreign Affairs detailed account of a conference call in intelligence officers are deported rather and sometimes Treasury. August 2013 between the then al Qaeda than face the uncertain outcome of a Not all journalists have been strain- leader (Ayman al-Zawahiri) and his trial in Australia. ing at the leash to promote freedom of global affiliates. Snowden suggests speech, despite the media campaign to their motivation was to deflect attention defend free speech and a free press. To from criticism of the mass surveillance take just one example, David Wroe program he had just disclosed. The leak relied on an unnamed source to write a alerted al Qaeda to change to a more page 1 report in the Sydney Morning secure communications system, but no Herald in December 2017 stating that one was charged, despite the damage Paul Keating would have to register as done to US counter terrorist efforts. an agent of foreign influence because

he was on the outside advisory board of In these circumstances, expanding ’s Development Bank. This was the espionage and secrecy laws should no secret — but the article failed to not have been necessary. Nevertheless, mention that dozens of foreign dignitar- the government has brought in an ies have been on the board for an annual avalanche of new security laws, fee of $3000. So what was the journal- including ones that have increased the ist’s evidence that made Keating an length of sentences and broadened the agent of foreign influence? It was definition of espionage. In contrast, pathetic: that he had recently given a when Bob Menzies was Prime Minister speech favouring a more independent he threw out the entire draft of his foreign policy. So do millions of other attorney general’s new espionage bill Australians. All have a right to freely and did not amend it. Likewise, politi- express this opinion. But Wroe did not cal leaders saw no need for special defend Keating’s right to do so.

terrorism laws when the existing The media repeatedly report that China is behind a cyber attack without Likewise, tame journalists in Aus- murder laws were sufficient. There were 154 terrorism incidents, many presenting any evidence. The census tralia are often briefed by intelligence website collapsed on August 9, 2016 and other officials. The head of the involving death or injury, from 1966 to September 11, 2001. In 1977 three because it couldn’t cope with the department Michael Pezzullo recently volume of census forms submitted. The told a Parliamentary committee that he people were killed and 11 injured by a bomb outside the Hilton hotel where 12 ABC repeatedly reported during that briefed what he called two dozen day that the crash was due to a foreign “wise” journalists on national security foreign leaders were staying for a conference. Fraser saw no need to intro- denial of service, despite the fact that matters. Many journalists who rely on authoritative information was widely secret briefings based on intelligence duce special terrorism laws, let alone try to wedge Labor over who was available early that morning that there information assume that what they had been no such attack. That night report is accurate, despite the lesson of toughest. It is important to understand that the Peter Jennings, head of the Australian how the US used phony US intelligence Strategic Policy Institute, told the about weapons of mass destruction to secrecy in which security agencies work breeds incompetence. In 1995, the ABC’s 7.30 program that the Chinese justify the disastrous 2003 invasion of government was most likely responsi- Iraq. The head of the British intelli- deputy head of ASIO Gerard Walsh attracted huge media attention by ble. Jennings has continued to appear gence service Richard Dearlove told a on the ABC as an expert. meeting of Tony Blair’s colleagues in publicly stating that the leaking of intelligence had led to two people being

10 The Whistle, #101, January 2020 In this context, it is worth noting the illegal invasion of Iraq, said that one The Frankenstein effect — that in 2017 WikiLeaks, founded by of the common values India and great Australian publisher and journal- Australia share is that they are “firm why whistleblowers are ist , published an analy- believers that might is not right.” needed now, sis of leaked CIA documents showing Shortly afterwards, India deployed that it could make a cyber attack look large numbers of troops to suppress the more than ever like it came from particular server in, Islamic majority in Kashmir, expel for- Quentin Dempster say, Russia, when it didn’t. Presumably eigners, cut outside communications, Russia and China can do the same. The arbitrarily imprison political leaders IF WE’RE not properly informed … we media should not run speculation about and large numbers of young men. It also can create monsters. the source of a cyber attack when it repealed the constitution’s guarantee of This is called the Frankenstein could be from anywhere. Kashmir’s semi-autonomous status. effect. Many journalists, with encourage- The Indian Prime Minister Narendra Whether you’re a taxpayer, a citizen, ment from ASIO et cetera, claim that Modi explicitly emphasises the “su- a consumer or a shareholder expecting someone allegedly “linked to” the premacy” of the Hindu religion, despite to live in a free and fair society with Communist Party of China had poten- having 200 million Muslims among its peace and prosperity, you certainly tially compromised an Australian poli- population. In implementing his philos- need whistleblowers and the journalists tician — in one case, the unlikely target ophy of Hindu supremacy, Modi is also prepared to seek out and publish their was Tony Abbott. What does “linked removing large numbers of Muslims revelations. to” mean? There are around 92 million from their homes elsewhere in India. And as we observe the plight of members of the Communist Party of This is a profoundly disturbing change Julian Assange, an Australian journalist China. Most have as much influence on to India’s character and values com- now facing extradition to the United the Communist Party as a member of pared to its long-standing policy of States and prolonged incarceration, or the New South Wales Labor Party trying to build a tolerant India. Edward Snowden, the US National branch — namely nil. Incidentally, the I want to end on a note of caution. Security Agency whistleblower living Communist Party of China could just as Not everyone handles the immense under an asylum seeker visa in a flat in easily, and just as inaccurately, be pressure on whistleblowers if they Moscow, we all need to focus on what’s called the Capitalist Party of China. identify themselves. Sometimes it’s un- at stake for all of us. avoidable. On other occasions, it can be better if a journalist gets the story out while protecting the source. A final consideration is that any potential whis- tleblower in the national-security area should think twice before confiding in one of Pezzullo’s two dozen “wise” journalists. Both you and the journalist might never know who is listening in, or where you might end up, and for how long.

My favourite claim about our Brian Toohey is the author of Secret: perilous future is ASIO’s reported The Making of Australia’s Security warning in 2017 that China has placed State. several Manchurian Candidates in Australian politics. I thought I’d identi- fied one at the last election, the Liberal’s Gladys Liu. Because of the Quentin speaking at the conference confusing roles of the Manchurian candidate in the movie and the novel, I As we observe the Australian couldn’t decide whether she was Government’s prosecution of Witness supposed to kill the PM or become the K and Bernard Collaery over ASIS PM. covert surveillance of Timor L’Este The influence of the intelligence (not for our security but for our agencies and some think tanks has led avaricious advantage); ATO small the Australian media to treat China as business garnishee whistleblower such a newsworthy enemy that more Richard Boyle; and Afghan Files war important events unfolding elsewhere crimes whistleblower David McBride, in Asia can be basically ignored. A the issues of duplicitous secrecy, over- prime example is Kashmir. reach and abuse of power stare us in the In a speech in New Delhi on 9 face. January 2019, the Foreign Minister Also coming soon we’re expecting , overlooking our part in the Australian Federal Police prosecu-

The Whistle, #101, January 2020 11 tion of News Corp journalist Annika We helped to create the awful tion for the 2003 invasion of Iraq: Smethurst’s alleged informant behind psychopathology of what counter Andrew Wilkie, now a federal parlia- her revelation of a possible Australian terrorism agencies soon called “jihadi mentarian. Signals Directorate role in mass domes- recruitment” around the world. And, It is reassuring to see Wilkie and tic surveillance, said to be required to resonating from that, what soon turned now Senator Rex “keep us safe.” You’ll remember the out to be acts of random or copycat Patrick in the current federal parliament AFP conducted another search warrant terror by people claiming to be jihadis. doing all they can to strengthen this raid of the Canberra house of a govern- And now we confront … the white country’s public interest disclosure ment employee just three months after supremacist Islamic reprisal phenome- laws, including in the contentious areas the Smethurst raid. non with the gun massacre atrocity at of national security disclosures in the I am indebted to Edward Snowden the mosques of Christchurch, New public interest. for the term the Frankenstein effect. Zealand. Old Lazurus himself (prime minister Secrecy can create monsters. That’s one example of the Franken- John Howard) and some in the media Secrecy by government in the right- stein effect. tried to discredit Andrew Wilkie after eous name of national security can he blew the whistle. But Wilkie has mislead a polity. been well and truly vindicated. Secrecy can kill … and put at It’s significant that recent Lowy unnecessary risk the lives of civilians, Institute foreign policy specialists and particularly the lives of our young brought to Australia, including the great soldiers, sailors, airmen and women. David Ignatius of and Nicholas Burns (currently Joe Biden’s chief foreign policy adviser) have acknowledged that the war in Vietnam and the invasion of Iraq post 9/11 were lethal US follies, undermin- ing America’s credibility in the world. It was analyst Daniel Ellsberg who blew the whistle on the monumental misjudgement of the US and Australia’s war in Vietnam. As I’ve noted else- where, on his death bed, Robert

McNamara, former US secretary of In his exceptional book Permanent defence in the Kennedy and Johnson Record (published by Macmillan in administrations, made what Time Australia) Edward Snowden said the magazine called one of the greatest apologies of all time: “We were wrong Frankenstein effect was a term widely cited in the US intelligence community. on Vietnam,” said McNamara. “We Now all the wonderful public spaces owe it to future generations to explain Its more popular but cynical military of our beautiful cities in peace-loving derivative was the term “blowback”: why.” Fifty-eight thousand American Australia and New Zealand, Canada, military personnel, more than 500 “situations in which policy decisions the United Kingdom and the US are intended to advance American interests Australian and New Zealand military dotted with ugly bollards — concrete personnel, hundreds of thousands of end up harming them … irreparably.” and metal barriers — placed there as Prominent examples given by intelli- North and South Vietnamese and counter terrorism measures against a Cambodian soldiers and civilians were gence analysts included American white supremacist or someone in their funding and training of the mujahideen killed. Yes … Mr McNamara … we ute claiming to be a jihadi. owe it to future generations to explain to fight the Soviets in Afghanistan Now we are in the era of mass which resulted in the radicalisation of why. warrantless surveillance, the retention Ellsberg … Wilkie … Assange … Osama bin Laden and the founding of of our meta data, telephony and online, al-Qaeda “as well as the de-Baathifica- Snowden. our complete digital footprints, the I’ve included the contentious Julian tion of the Saddam Hussein-era Iraqi interoperability of facial recognition military which resulted in the rise of the Assange in this because as the founder here and around the world. We are of WikiLeaks he is both a journal- Islamic State.” destroying our right to privacy because As we watched Islamic State’s ist/publisher and a facilitator of whistle- of our fear of terror … a terror monster blowing. WikiLeaks has brought with it horrendous but pixelated beheading we helped to create. videos on network TV here in Australia the transformation of journalism itself Only one analyst from the Five Eyes through the global digital revolution most Australians still would not be intelligence community — that’s Aus- consciously aware that we, as part of and its encrypted drop box innovation, tralia, the US, New Zealand, Canada designed to protect the identity of whis- the “coalition of the willing” compris- and the UK — had the courage to blow ing prime ministers John Howard, Tony tleblowers and informants. Assange the whistle on the fabricated WMD provocatively called WikiLeaks the Blair and President George W. Bush, (weapons of mass destruction) justifica- had created this monster.

12 The Whistle, #101, January 2020 PIA — “the people’s intelligence public’s fundamental right to know in the second world war our American agency.” their editorial judgements. friends, with Australia’s uncritical sup- Yes … in case you think I’m Putin’s port, have embarked on offensive bitch or a running dog of Xi Jinping … follies in Vietnam and Iraq and have there are no whistleblower protection or ruthlessly misbehaved in other regions public interest disclosure laws to speak including Central and South America. of in Russia or China. This has not been civilised conduct by a superpower claiming moral authority. It has been conduct unbecoming a super- power, to put it politely. It has been tragic. It has been lethal. It needs fear- lessly to be exposed to its polity and the

Now all serious media organisations polities of its allies. have encrypted drop boxes. They are As a journalist I’ve dealt with many not foolproof, of course, and informants whistleblowers over the years. Usually seeking to use the anonymity provided they’re heavily traumatised. But some should be wary of exposure of their relieve their suffering by a very black sense of humour as they confront their identities through other surveillance own possible destruction. methods. It was reassuring to see that If you breach state secrecy there, the whistleblower who dropped the claiming public interest or not, you’re famous , massive data more likely to be jailed indefinitely files exposing global tax avoidance by without public trial … or executed. corporations and individuals through They jail journalists in Turkey. tax haven law firm Mossack Fonseca, Paramilitary death squads kill them or still enjoys anonymity. The coordinated the government can jail them in the effort by investigative journalists and Philippines. They run them out of the their media outlets exposed the failure country in Malaysia. You can see the of governments all over the world to death and incarceration toll on the secure the integrity of their tax collec- International Federation of Journalists’ tion systems. and other global press freedom websites By 2015 WikiLeaks had published each week. 2,325,961 diplomatic cables and US I do not have the benefit of a psychi- Like everyone in this room I’m a atrist’s report or any psychological State Department records comprising post World War Two baby. As an two billion words, including the Afghan assessment of Julian Assange. He might Australian, I love Americans and every be a self-centred contrarian narcissist or War Diary, the Cablegate cables and time I meet one I thank them for their Iraq War Logs. It is a massive trove of what ASIO once would have called a sacrifice in helping to save Australia “subversive” or “bomb thrower” or internal state literature which exposed from Japanese invasion. My late father, what Assange called the “anatomy of “anarchist.” But if you read what a second world war soldier serving in Assange has actually written it makes US Empire” and the downsides, the Palestine and later Milne Bay, Papua “immiseration” and collateral damage plausible, analytical and historical New Guinea, always told me: “Quentin sense alongside all the documents he for people standing in the way of … without the Yanks we would have American power. WikiLeaks exposed has published from WikiLeaks’ been over-run by the Japs.” He’d talk informants which expose the raw war crimes and atrocities and in partic- about the Aussie stand at Kokoda of ular, you’ll remember, the confronting hypocrisies and cover-upse of th nation course, and the American blood sacri- state, particularly the United States of Collateral Murder video where un- fices at Iwo Jima and the other islands, armed civilians including two Reuters America. but in particular Dad always mentioned Hillary Clinton thinks he’s a tool of staffers were summarily executed by the Battle of the Coral Sea, an incredi- helicopter gunship. Now Assange is the Russians. It’s the ingrate Donald ble over-the-horizon naval battle in Trump administration, the alleged ben- facing extradition to the United States which US and Australian warships with the help of the Boris Johnson UK eficiary of WikiLeaks’ dump of Mrs crippled the Japanese navy, helping to Clinton’s emails, which now seeks to government. Our Australian govern- stop the aggressive Japanese advance ment, “joined at the hip” to the USA as have Assange brought before a court in through the Pacific. Virginia, locked up and the key thrown has reminded us, So apart from my hopefully objec- will not intervene. away. The now-public indictment tive editorial judgement I do not come “United States versus Julian Paul In all good conscience we must at the contemporary issues of national recognise the courage of the whistle- Assange” is based on the 2010 Chelsea security, whistleblowing and journal- Manning revelations. The recent blowers who have put their lives, liberty ism with any anti-American bias. and reputations on the line to inform the Mueller investigation did not recom- America helped to rebuild Japan and mend Assange’s prosecution for any world about what is really going on. We Germany along functioning democratic must recognise the work of the journal- alleged pro-Putin activities to interfere lines, including, please note, strong in the 2016 US presidential election. ists and their publishers who applied the public broadcasters. It’s just that since

The Whistle, #101, January 2020 13 I think we need to give Julian expression and the right of the people to and his federal cabinet with great Assange the benefit of any doubt. He’s know.” interest. Journalists and publishers in a journalist and a publisher and a facili- and The Australia should not be having to tator of whistleblowing. Washington Post then published the negotiate with government what they So … if the Ramsay Centre in Pentagon Papers without any further can or cannot publish in the public Australia is determined to highlight the government interference or negotiation interest. We need, in practice, the enlightenment it claims always glows on what they could or could not publish. equivalent of a US first amendment so from Western Civilisation — concepts There you had it: Freedom of the Press. we can all move on from the unpleas- like the separation of powers, the rule of After Nixon’s “plumbers” and their antness of 2019. There are no search law, freedom of speech and of religion dirty tricks were exposed upending warrant raids of journalists or media — we can expect to see its Ramsay Ellsberg’s psychiatrist’s office, the organisations in the USA. Why do they directors, including Lazarus himself, whistleblower himself was vindicated occur in Australia? Those prosecutions join our campaign to protect press and did not face further prosecution. of Witness K, Bernard Collaery, freedom and public interest whistle- Daniel Ellsberg wasn’t a traitor or a Richard Boyle and David McBride blowers… can’t we? subversive. He was a conscientious should be discontinued. So too any government employee who blew the prosecution of Annika Smethurst’s al- whistle on administrations consistently leged informant. lying to the American people and You’d think as we all watch the making strategic misjudgements. ordeal of the people of Hong Kong In the Ecuadorian Embassy in having to fight for their democratic London Julian Assange was covertly rights against the totalitarian “break surveilled by a Spanish security your bones” authority of Xi Jinxing’s contractor who, it’s alleged, passed on China and its politburo that all our audio and video recordings of Australian government security and law Assange’s conversations, including enforcement agencies would re- with his therapist and his lawyers, to the consider the exercise of their claimed

A contribution to the world CIA. More dirty tricks. independent discretions when it comes from Western civilisation Here in Australia this year after the to local whistleblowers and journalists. News Corp and ABC AFP search Security of the nation does not start We can expect Rupert Murdoch and warrant raids, our mainstream media with secrecy. It starts with transparency his creation Fox News (the loudest executives including from News Corp, and accountability engendering pubic voice) and beneficiaries of the US Nine and the ABC, have been in to see trust. Constitution’s First Amendment en- Attorney General Christian Porter. As the newly formed Centre for shrining freedom of the Press to join our They have asked for six reforms: the Public Integrity, headed by former campaign to stop the extradition and right to contest a search warrant royal commissioner Tony Fitzgerald incarceration of Julian Assange … can’t application covering the homes and QC, has recently asserted in a discus- we? offices of journalists and media organi- sion paper: in our democracy it is the The Washington Post and The New sations; exemption of journalists from “people who are sovereign” and that the York Times are with us. They have edi- national security laws enacted over the integrity of our key institutions — the torialised that Assange deserves first last seven years that would put them in parliament, the judiciary, executive amendment protections as a journalist jail for receiving and disclosing classi- government, law enforcement, the pub- and the publisher of WikiLeaks. They fied information (doing their jobs); lic service, consumer market regulators have editorialised their support for the reform of whistleblower protections for and a free media — safeguard that sov- conscientious Edward Snowden. public interest disclosures; a new re- ereignty by upholding accountability, When the US Supreme Court found gime to limit which documents can be open government, just laws and impar- for these publications over Daniel stamped secret; a properly functioning tial dispute resolution. Ellsberg’s leaked top secret classified FOI (freedom of information) regime; In this regard whistleblowing is now Pentagon Papers in the 1970s, national and defamation law reform for the needed more than ever as all our insti- security, whistleblowing and journal- digital era. tutions are placed under more political ism as part of western civilisation were and resourcing pressure. beautifully described by the US District I express my grateful thanks to Court judge who had originally rejected Whistleblowers Australia for its advo- the Nixon administration’s application cacy for public integrity in Australia for a restraining injunction: over the last 28 years. Yes we do have “The security of the Nation is not at laws which are designed to protect the ramparts alone. Security also lies in whistleblowers in all states and territo- the value of our free institutions. A ries and more recently from 2013, the cantankerous press, an obstinate press, Commonwealth. But the actual experi- a ubiquitous press must be suffered by ence of whistleblowers themselves has We now await the response of Mr those in authority in order to preserve indicated major reform is still nec- Porter, Prime Minister the even greater values of freedom of essary.

14 The Whistle, #101, January 2020 In his recent Henry Parkes Oration, Cynthia says Section 13 (3) of the We cannot live, as sovereign Professor A. J. Brown, from Griffith Public Interest Disclosures Act is peoples, without them. University’s Centre for Governance wrong headed and needs to go. This Unless the public is properly in- and Public Policy, noted progress in section allows the forcible relocation of formed about what is really going on … whistleblower protections in corpora- a whistleblower against their will, we can create monsters. tion law to the benefit of consumers and rather than removing the person who is shareholders. He said: the cause of the public interest Quentin Dempster, former chairman of disclosure in the first place. “Section 13 the Walkley Foundation, is a contrib- But this does not change the fact — (3) is heaven sent for the employer who uting editor at The New Daily. indeed it reinforces it — that despite wants to clothe their actions in false the strengths in the new Corpora- tions Act protections, overall, our concern and a respectability they don’t whistleblowing laws currently amount deserve.” After the banking to a well motivated but largely Professor A. J. Brown has published royal commission dysfunctional mess. Many agencies a seven-point plan for major whistle- Notes on Jeff Morris’s talk and companies succeed in recognis- blower reform starting with the replace- by Brian Martin ing and protecting whistleblowers, ment of the Commonwealth Public

but often despite the relevant laws, Interest Disclosure Act. This would not because of them. And they are Jeff is Australia’s most well-known ensure whistleblower protection for all undermined by the tide of confused, banking whistleblower. He worked for genuine public interest disclosures at all inconsistent secrecy provisions in the Commonwealth Bank of Australia levels of public administration and which government continues to (CBA), reported problems and suffered private sector regulation. It would embark, often apparently without the usual sorts of reprisals. He spoke at realising what it is doing. establish a simplified public interest test a Whistleblowers Australia conference to ensure there was no actual, real, a few years ago. This year he provided unacceptable risk or harm to national an update. security, defence or law enforcements

interests. It would strengthen journalism and third party shield laws, freeing journal- ists and associated professionals from prosecution for receiving or using public interest disclosure documents and information, stop the Act from being manipulated to cover up internal disclosures and/or destroy or punish In all the mess, it’s your responsibility those who disclose. to find the right whistleblower law. Professor Brown recommends we establish a whistleblower protection Whistleblowers Australia has identi- authority to assist all informants and fied from its membership case histories regulators with advice, support, coordi- the misuse of the laws. In some cases nation and enforcement to prevent, deal we have established what could be with and gain remedies for detrimental called “trap doors” for whistleblowers. conduct. He recommends we should Unless you comply with the strict path- consider a reward scheme for all public way to protection of your livelihood, or interest whistleblowers. your anonymity, you put yourself at Jeff speaking at the conference And beyond mere employee disclo- risk. And that pathway can drag you sures of wrongdoing he says we need a It was October 2008 when Jeff sent a ever closer to the departure door and general public interest defence for any fax to ASIC (Australian Securities and your alienation from your workplace, citizen charged with offences of unau- Investment Commission), the regulator putting your mental health in jeopardy. thorised disclosure or receipt of official for financial services, reporting serious According to Whistleblowers Australia information in breach of the Criminal problems at CBA, and for years he national president Cynthia Kardell’s Code. persisted seeking action. He left CBA in excellent recent submission, some or- While we wait for Julian Assange, February 2013. He realised that things ganisations still react violently to whis- Edward Snowden, Witness K, Bernard were so bad in financial services gener- tleblowers. Some can find themselves Collaery, Richard Boyle, David ally that a Royal Commission was under immediate performance review McBride and, in all likelihood, Annika needed. He had a plan. He needed a and soon sacked. “Employers deploy a Smethurst’s alleged informant, to face journalist and a politician. He found a series of bogus performance reviews their prosecutors we should reflect on politician first: Senator John “Wacka” after the disclosure is made to cover what is at stake for them. Williams, who put him onto journalist their tracks.” When confronted they say Whistleblowers are people with the Adele Ferguson. Her first story was in that the performance review was not a courage to put the truth first. June 2013. She wrote a bunch of stories reprisal. in the next two weeks. This led to a

The Whistle, #101, January 2020 15 parliamentary inquiry, which went for the price they’d pay: reprisals, losing self-interest, a system that is virtually about a year. By the end of this time, by their career, PTSD, family problems. impossible to challenge. The Royal mid 2014, Jeff’s allegations had been Ben Koh and the IOOF whistleblower Commission was a partial triumph, but completely vindicated. are each one in a hundred. For pushing it needed to go much further. Lots of people had been asking for a banking issues, there needed to be a What’s needed is more whistleblow- Royal Commission, but some of them public face. That was Jeff and it didn’t ers working with journalists. The were victims of their own poor deci- matter that others were . government wants to shut down whis- sions. Their claims discredited others Jeff, for the 2016 election, did com- tleblowers, journalists and freedom of who raised more credible concerns mercials for a royal commission. Two information. (ASIC’s contacts with about banks. Nevertheless Jeff, testify- thirds of the public wanted one. But the industry should be made public, but are ing before the parliamentary inquiry in government was arrogant; Malcolm not accessible through FOI.) This goes 2014, called for a Royal Commission Turnbull (prime minister) and Scott beyond financial services. There’s a — which the committee recommended Morrison (treasurer) were determined need for more whistleblowers with in its 547-page report. Jeff then drove to to deliver for their mates in the industry. public faces. Canberra to talk to Mathias Cormann, Revelations about money laundering to push for the Royal Commission, but were the straw that broke the back of Discussion Cormann rejected this. But Jeff knew resistance to a royal commission. Richard: There is collusion of different there were so many problems in finan- Seeking to prevent a commission insti- levels of government. Quoting Justice cial services that he and Adele just gated by parliament, Turnbull and Einfeld: “The government is the enemy needed to keep pressing until there was Morrison were pushed by the banks to of the people.” a Royal Commission. set up one with their preferred terms of Jeff: There’s an exchange of personnel Adele’s articles in 2013 meant going reference: 12 months only, one com- between ASIC and the industries it public. Jeff accepted this as necessary missioner (Hayne) and a budget of $70 regulates. There are even people going to give a “face” to the campaign. Jeff million, compared for example to the on secondment from industry to ASIC, was one of three CBA whistleblowers aged care royal commission given three approving proposals affecting their who called themselves the ferrets. The years, five commissioners and a budget industry. Political parties receive mil- three of them were identified in a CBA of $300 million. The Hayne royal lions of dollars in donations from the committee meeting, but they had a commission was clearly not set up to banks; that’s institutionalised corrup- fourth man who was on the committee, find too much; there were only 23 tion. Corruption in local government is so they had some warning about what witnesses. The royal commission was rampant. There are property developers was coming. Jeff confused them and pure theatre to placate concern. delivering cash in brown paper bags to raised the stakes by registering as an politicians. Watchdogs are under-re- internal whistleblower. He went to the sourced for dealing with the problems. Fair Work Commission. This is a Peter: It’s hard to get politicians to do popular destination for whistleblowers what people want. because costs can’t be awarded against Jeff: The council mergers were driven them. by developers who wanted councils Jeff had decided to go public because dominated by the major parties, so the campaign needed a public face. He developers could get their way. At never would have remained anony- North Sydney Council, a court case mous. His strategy was to go big early, against the merger succeeded. The because doing this limits the reprisals. None of the crooks, doing over council was then targeted by the state Other whistleblowers (the IOOF customers literally including widows government, with a sham inquiry. whistleblower and CommInsure whis- and orphans, were sent to prison. It’s tleblower Ben Koh) came forward, but like a shell game: some crooks were let wanted to remain anonymous to vary- go and found jobs in other financial ing degrees (IOOF whistleblower com- institutions. The banks had a scare and pletely anonymous whereas Ben did not will no doubt be more careful in the want his face shown). Jeff’s advice was future, but it remains to be seen what to go public to reduce the scope for happens. Some bankers didn’t realise reprisals. The IOOF whistleblower was the seriousness of what they were smeared unmercifully, including to Jeff doing. Getting slammed by a high court himself by a company insider on an “off judge (Hayne) had an effect. the record” basis. You can fight back The attacks on journalists this year more effectively if you’re public. The are designed to scare off whistleblow- IOOF whistleblower was treated terri- ers. This is a very explicit attack on civil bly within the industry as IOOF leaked liberties. his identity anyway. There’s a failure of government and Jeff has been in contact with a couple industry, and people see it: they assume politicians and business leaders are “I’m here to investigate of hundred people who were going to security arrangements.” blow the whistle. Jeff told them about lying. There’s a network of power and

16 The Whistle, #101, January 2020 WBA AGM

Whistleblowers Australia 4(1). Business arising (nil) 7. Treasurer’s Report: Feliks Perera

Annual General Meeting 5. Election of office bearers 7(1) Feliks tabled a financial statement 24th November 2019 for 12-month period ending 30 June North Parramatta, Sydney NSW 5(1) Position of president 2019. A motion was put forward to Cynthia Kardell, nominee for position accept the financial statement. 1. Meeting opened at 9.15am of national president, stood down for Moved: Michael Cole Meeting opened by Cynthia Kardell, Brian Martin to act as chair. Because Seconded: Maggie Dawkins President. Minutes taken by Jeannie there were no other nominees, Cynthia Passed Berger, Secretary. was declared elected. Feliks’ report 2. Attendees: Cynthia Kardell, Jeannie 5(2) Other office bearer positions It is my great pleasure to present for Berger, Brian Martin, Feliks Perera, (Cynthia resumed the chair.) your consideration the annual accounts Michael Cole, Lynn Simpson, Robina The following, being the only nomi- for the financial year ending 30th June Cosser, Maggie Dawkins, Richard nees, were declared elected. 2019. In this financial year the associa- Gates, Geoff Turner, Karen Burgess, tion had an excess of expenditure over Ken Smith, Karl Pelowski, Shane Vice President: Brian Martin income of $3,080.80. Carroll, Yve De Britt, Ross Sullivan, Junior Vice President: Michael Cole Our membership fees and donations Bibiana Chan. Treasurer: Feliks Perera still remain strong, and I would like to Secretary: Jeannie Berger express my sincere thanks to all those 3. Apologies: Tom Lonsdale, David National Director: Lynn Simpson members who have continued to Rowe, Gail Mesinga, David Carruthers, 5(3) Ordinary committee members (6 support the work by renewing their Sarah R, Jane Cole, Frances Scholtz, positions). membership and their generous Debbie Locke, Margaret Banas Because there were no other nominees, donations. The cost of printing and the following were declared elected. mailing The Whistle has also increased 4. Previous Minutes, AGM 2018 due to high mailing costs. The subsidy Cynthia Kardell referred to copies of Robina Cosser for the annual conference is also the draft minutes, published in the Maggie Dawkins increasing as the venue costs and meals January 2019 edition of The Whistle. Katrina McLean have increased in keeping with rising Cynthia invited a motion that the Richard Gates costs. The subsidy also includes the minutes be accepted as a true and Stacey Higgins exemption of attendance fees for accurate record of the 2018 AGM. Geoff Turner interstate members. This encourages Proposed: Feliks Perera interstate members to attend the confer- Seconded: Richard Gates President Cynthia Kardell thanked eve- ence and share their experiences and Passed ryone for their continuing commitment make new connections. to the organization. The annual conference is a very special occasion for all members to 6. Public Officer meet and exchange experiences, and Margaret Banas has agreed to remain therefore subsiding the ever-increasing the public officer. Cynthia asked the costs is beneficial to all members. Once meeting to acknowledge and thank again, I appeal to all members to Margaret Banas for her continuing continue to support the work of support and good work. Whistleblowers Australia, in our efforts to get the legal recognition and the 6(1) Cynthia Kardell invited a motion legislation for protection of whistle- that the AGM nominates and authorises blowers. Margaret Banas, the public officer to complete and sign the required submis- sion of Form 12A to the Department of Fair Trading on behalf of the organisa- tion, together with the lodgement fee, as provided by the Treasurer. Proposed: Richard Gates Seconded: Maggie Dawkins Passed It shouldn’t take you hours Whistleblowers Australia is burning to read the minutes through a lot of money.

The Whistle, #101, January 2020 17 ANNUAL ACCOUNTS TO YEAR whistleblower guide under the new I’ve lobbied mostly crossbench sen- ENDING 30 JUNE 2019 private sector laws enacted midyear. ators with some success in helping to I took on a project to advocate for motivate Andrew Wilkie and others to INCOME change to the public service codes of build a cross parliament coalition to DONATIONS $1169.00 conduct across all jurisdictions. I stop the extradition of Julian Assange MEMBERSHIP FEES $2475.00 wanted (1) the codes to unequivocally and to push for criminal prosecutions INTEREST ON FIXED identify a PID (Public Interest against Witness K, Bernard Collaery, DEPOSIT $153.08 Disclosure) with loyalty to the David McBride and Richard Boyle to BOOK organisation and or its accountability be dropped. ROYALTY DONATION $50.94 and transparency measures, thinking In between I have busied myself BANK INTEREST $5.95 that we’d see fewer of these costly, soul talking to whistleblowers, members and TOTAL INCOME $3853.97 destroying disputes that hurt the agency others and I’ve done the odd interview and whistleblower alike. And (2) to get when asked, so I’d like to thank all EXPENDITURE the various agencies to adopt those who have helped make this year WHISTLE PRODUCTION $3532.33 whistleblowing as one of the so rewarding. CONFERENCE recruitment criteria for their public SUBSIDY $3087.44 service vacancies. RETURN TO BRANCHES $250.00 WEBSITE FEE $19.00 ANNUAL RETURN FEES $46.00 TOTAL EXPENSES $6934.77 EXCESS OF EXPENDITURE OVER INCOME ($3080.80) ------

BALANCE SHEET, 30 JUNE 2019 ACCUMULATED FUND BROUGHT 8. (2) Jeannie Berger, Secretary Some codes are difficult. FORWARD $15888.08 Memberships are steady. This year we

LESS EXCESS OF EXPENDITURE OVER have 122 members. I’d like to thank all It is a work in progress. In NSW INCOME ($3080.80) our current members and their dona- there is a longstanding PID Steering ADD PREPAYMENTS tions to help our organisation. Committee that develops/recommends FOR 2019–2020 $405.00 reforms to the government. It has rec- TOTAL $13212.28 9. Other Business. ommended the first and will consider 9. (1) Feliks invited the meeting to the second. In the existing code ASSETS: FIXED DEPOSIT $7313.22 authorise Cynthia Kardell as the third expressly requires the reporting of BALANCE OF CURRENT signatory for WBA’s bank account. unethical behavior and the second idea, ACCOUNT $5299.06 Proposed: Brian Martin will be held over until the next cycle of DEPOSIT FOR 2019 Seconded: Richard Gates reform given that it has only recently CONFERENCE $600.00 Passed upgraded its PID act. In WA the code

expressly requires all public sector TOTAL $13212.28 codes of conduct to include reporting

suspected breaches of the code. SA has 8. Other Reports a similar oversight body to that of

NSW, known as the Crime and Public 8. (1) Cynthia Kardell, President Integrity Policy Committee, but the

minister didn’t understand my question, I have had a busy year. writing that whistleblowers are not I made a submission to the two required to include PIDs when applying parliamentary committee inquiries es- for a job. At the Commonwealth level, For historical and equity reasons, tablished after the public outcry over the ombudsman has no oversight func- WBA needs bank account the AFP raids on the home of Annika tion notwithstanding its role under their signatories who don’t wear ties. Smethurst, NewsCorp journalist and PID act. The ombudsman seems recep- the ABC. They can be found online on tive, but says I need to work with the website for the Parliamentary Joint 9. (2) AGM 2020 in Sydney (Parra- ministers Porter and Hunt if I am to get Committee on Intelligence and Security matta) on the 22 November 2020. change. I haven’t received a reply from and Senate Standing Committees on them, so there’s still much to be done at Environment and Communications re- 10. AGM closed 10.30AM this and every other level. I’m driven by spectively. the possibility that one day job vacan- Michael Cole was kind enough to do cies will routinely call for whistleblow- the lion’s share of work on another ing experience! submission to ASIC about its draft

18 The Whistle, #101, January 2020 Media watch

Democracy’s Watchdogs lifesaver many times over. She is a story is more relevant now than at any https://democracyswatchdogs.org/ revered leadership figure and confi- time since she first came to me with it dante for numerous nurses who witness in April, 2005. It is a powerful illustra- wrongdoing. tion of how a culture of secrecy is THINK ABOUT financial institutions ripping off mum and dad investors. We will never know how many dangerous and deadly. Think about being underpaid for Australians are still breathing because It underlines why bureaucrats and years. About corrupt politicians, of the direct and indirect consequences their political masters with a default bribes to dodgy overseas middlemen, of Toni’s actions as a whistleblower to response to conceal are a public menace criminal links to gambling, unsolved me 14 years ago. It must be an incredi- in a democracy. murders, sexual abuse by clergy, ble number. Her story and its lessons Toni’s story also underlines the questionable behaviour by police, should be regularly revisited by politi- crucial role of journalism. It is no secret crooked alliances in the law. cians and bureaucrats. Whenever they that our craft is challenged by shrinking Investigative journalists have re- are cynical or cavalier about a connec- revenues, smaller newsrooms, dis- vealed these and much more. They tion between concealment and harm, tracted consumers, and theft by tech have sparked Royal Commissions, they can examine this case. titans Google and Facebook. It is inquiries, apologies, hundreds of unforgivable of politicians to leverage millions of dollars in compensatory this with heavy-handed police raids, repayments, justice for many. No searches by stealth and other Orwellian other institution or regulatory body responses. could have achieved this. In doing so, Toni met me for the first time in investigative journalists have made all Brisbane one afternoon — against the our lives better, even if we weren’t advice of her friend and chaperone, directly involved. Karen. They signed the visitors’ book Democracy’s Watchdogs aims to with false names (Jane English and Sue honour the work of Australian James). Toni became a whistleblower to me that afternoon. She nervously investigative journalists and educate the public about the work of our Toni Hoffman painted a picture of a sick public hospi- watchdogs and how they have tal with a director of surgery who had enhanced our democratic processes. Because now more than ever Australian been feted by the public servants and politicians misuse power to exploit the politicians because he was fast and structural weakness of sections of this hard-working. The system’s ruthlessly country’s media. By tacitly encourag- efficient business model rewarded ing police to rely on search warrants zealotry. and other tools of suppression and Dr Jayant Patel was lauded by his investigation such as mobile telephone bosses because he was particularly keen call charge records, they chip away at a to operate. In his zeal he cut the all- important surgical waiting lists — and fundamental pillar in our democracy. Exposing whistleblowers and intim- any improvement in this public measure idating potential sources into silence of progress gave the bureaucrats and means that vital disclosures to the politicians cause to pat themselves on Don’t scare public will not happen. And this is what the back. our politicians and their minions see as whistleblowers success. into silence In most cases in my experience the Hedley Thomas motive of governments is to minimise The Australian, 21 October 2019 the risk of embarrassment. The oft-cited concerns over privacy or national secu- A VERY SPECIAL NURSE telephoned me rity are usually a ridiculous hoax. a few days ago for an overdue catch-up. These people arrogantly decide We talked about our families and behind closed doors that the infor- health. And we spoke about her remark- mation funded by Australian taxpayers able whistleblowing. and brought to them by journalists Toni Hoffman isn’t a household doesn’t belong to the public. This name. She hasn’t forged a second career creeping culture can only be reversed Jayant Patel in politics or become a media celebrity. with a suite of fundamental reforms to a But by following her conscience and raft of secrecy-promoting laws and They would conjure up a “good news” instincts Toni is a heroine and a policies. It in this context that Toni’s media release, write self-serving

The Whistle, #101, January 2020 19 commendations and seek to reward the land’s public hospital system — despite government action was taken, notwith- hospital with more funds. The out- having no qualifications in psychiatry standing the apparent reluctance of comes for patients were far less or even medicine. Anxious and vulner- hospital administrators and officers of important. able people were treated by a complete Queensland Health to take appropriate Toni told me back then: “To meet the fraud who took them off their anti- action to permit the matter to be budget and surgical targets, hospitals psychotic medication. When this was exposed.” And this is the major point. have to do a certain amount of surgery. discovered by the bureaucrats and Whistleblowers bring their knowledge Hospitals make money from surgical minister, it was covered up at the of scandalous conduct to light when procedures. Because he was churning highest levels. they go to journalists, who then strive to through the surgery, he was making Internal documents and former bring it to public notice. We are all on a them money.” As this deadly cycle public servants revealed how refrigera- slippery slope when governments get gathered momentum the bureaucrats tor trolleys were used to wheel cartons away with scaring our sources into did not want to know about the grave of documents in and out of Cabinet, silence. worries of experienced nurses in the thus ensuring they would be withheld Intensive Care Unit about the ensuing from the public for 30 years. These complications, infections and deaths. documents told the truth about public They didn’t want to know because their health, not national secrets such as the political masters had conditioned them identities of Australia’s spies abroad, to turn a blind eye and actively conceal but the politicians in successive govern- bad news. When Toni tried to report her ments played god with safety. concerns through official channels at By the end of the public inquiry the hospital she was stymied and which began with Tony Morris, QC, bullied. and ended with a hefty and scathing After she came to me with this final report from retired Supreme Court disturbing story I spoke confidentially judge Geoff Davies, QC, there were to other nurses who expressed similar many sweeping reforms to enhance concerns. Then I tried checking Dr patient safety, improve transparency, Hedley Thomas Patel’s credentials. Was he regarded as and deliver billions of dollars in Hedley Thomas won a Walkley Award in competent by his peers? He was trained additional funding to the system to 2005 for breaking the Jayant Patel initially in India, but he’d lived and improve outcomes. story. He wrote a book, Sick To Death, worked mostly in the US. We needed to The findings by Davies were strong. about the case. know if he had any history of negli- One in particular carried a lot of force gence. It led to me discovering with an and is particularly prescient today: A online search that the nurses’ instincts “culture of secrecy” fostered by succes- were right. Patel was indeed a danger- sive governments had been a major Who wants to be a ous surgeon — the Board for Profes- cause of the scandal and ensuing unsafe whistleblower? Public sional Medical Conduct in New York care in the health system. State had ordered him to be “stricken Davies wrote: “It involved a blatant servants keep quiet from the roster of physicians” for his exercise of secreting information from fearing reprisals and the “gross negligence and negligence on public gaze for no reason other than that “un-Australian” tag more than one occasion” in complicated the disclosure of the information might Stephen Easton surgical cases. Patel’s repeated acts of be embarrassing to the government. The Mandarin, 23 October 2019 negligence had harmed many patients Campaigns of concealment at the in the US and these were a matter of highest level were contrary to the public THE anti-corruption commissioners in public record, yet he became Director interest, misleading and deadly. As a Darwin and Adelaide are both worried of Surgery at Bundaberg’s public result of negligence on the part of Dr that public servants are too reluctant to hospital for two years after having lied Patel, 13 patients at the hospital died tell them about misconduct and malad- to the Medical Board of Queensland and many others suffered adverse ministration, while in Canberra, a Sen- and health bosses to land the job. outcomes.” In acknowledging people ate inquiry into the taxation watchdog’s The board and the government were “whose care, passion or courage was performance highlights what they are failing to properly check the profes- instrumental in bringing to light the afraid of. sional records of overseas-trained doc- matters covered here”, Davies singled tors streaming into our health systems. out Toni Hoffman as a heroine, adding: In the ensuing royal commission-style “It was her courage and persistence inquiry more shocking examples came which, in the face of inaction and even to light — but only after attempts by the resistance, brought the scandalous politicians and bureaucrats to cover conduct of Dr Patel to light.” Davies them up. made this finding about my role: “His A child molester from Russia, for investigative skill, persistence and example, had been approved and undoubted authority as a respected employed as a psychiatrist in Queens- journalist ensured that public notice and

20 The Whistle, #101, January 2020 The Northern Territory’s Independent they should rightly be interested in and their patience and understanding as we Commissioner Against Corruption, appropriately acting upon.” establish and embed the people and Ken Fleming, believes some agencies In Canberra, a Senate committee processes to assess and investigate their are not reporting all the matters they probing the performance of the Inspec- reports.” should, partly due to a culture that tor-General of Taxation has turned a At least two current investigations discourages people from speaking up spotlight on the experiences of tax offi- are likely to involve public hearings, about wrongdoing. cials who have faced a hostile response according to McClintock, who reports “If such a culture exists, it must from the Australian Taxation Office these are historical matters from several change,” writes barrister Bruce after reporting perceived wrongdoing. years before the NT ICAC’s establish- McClintock, who notes Fleming’s Ron Shamir contacted the IGT in ment. concern in his first report as NT ICAC 2014 and was then legally compelled to inspector (a part-time role he also provide further information, meaning performs in New South Wales). he was also theoretically protected from McClintock has heard NT public detrimental action as a result. “The IGT servants are afraid to send disclosures promised me protection for making a to the ICAC, where required by law, disclosure and no protection was because they fear reprisals. afforded to me as the process Rally in support of “If that is the case, it is highly regret- unfolded,” he told the committee. Witness K and Bernard Collaery table, and action should be considered Shamir was terminated a day after by way of legislative amendment to the IGT sent a message about its inves- strengthen whistleblower protection,” tigation to the ATO, which said he was comments the watchdog’s watcher. let go for other reasons and the inspec- How a government “If, as the [ICAC] General Manager tor-general essentially accepted this. censored an NSA has informed me, 16 out of 16 whistle- The inquiry heard he hadn’t worked blowers have had reprisals taken since then and his family had lived in whistleblower against them, it is extremely disturb- poverty for over four years. Thomas Drake ing.” Senator Rex Patrick is highly critical Common Dreams, 15 December 2019 McClintock suggests it might help to of the IGT for failing to challenge this put the ICAC in charge of whistle- dismissal as a crime under its legisla- IT WAS THE HEAD of the Australian blower protection instead of the agen- tion. Shamir says the inspector-general Cyber Security Centre (ACSC) who cies that employ the whistleblowers. was too cooperative with the ATO. finally admitted before an Australian “The NT must challenge the adage The recently appointed inspector- Parliament committee that she had that it’s ‘un-Australian’ to dob-in a general of taxation, Karen Payne, unilaterally directed and pressured the corrupt official, colleague or competi- pointed out tax officials have no legal CyberCon conference to drop myself tor,” Fleming writes in his annual protection when they first approach the and an academic research professor (an report. IGT — now additionally styled as the Australian citizen) from the University “It is unfortunate in our society that Taxation Ombudsman — to report of Melbourne as speakers. the actions of the few corrupt and something suspicious. Whistleblower I viewed the extraordinary pressure deceitful people in public administra- protection in the IGT Act only kicks in to block me as an already-accepted tion mean that all public servants are when the office begins a formal investi- speaker — a week before the start of a burdened with increasing layers of gation. Payne agreed this was a high visibility public interest confer- regulation and oversight.” “chicken-and-egg” problem. ence on cybersecurity — as a most The South Australian ICAC Ken Fleming believes the NT and alarming and Orwellian development Commissioner, Bruce Lander, recently other Australian jurisdictions “must do and a distinct form of brazen censorship made similar observations in a mass more” to protect whistleblowers. He for the express purpose of outright email to the state’s entire public sector: will shortly issue new guidelines on: silencing me. too many people do not follow ICAC integrity education and training; poli- reporting obligations. Like Fleming, cies and procedures; responsibilities Lander pointed the finger at “poor and resources; organisational culture; reporting cultures” in some agencies. and management of situations where “Public officers should never be reprisals are possible. discouraged from, or punished for, Policies and procedures are good but reporting wrongdoing to their agencies workplace culture is “far more critical” or the Office for Public Integrity,” he and, as always, leadership is the key wrote. factor. Fleming says managers and Lander is hopeful SA’s new Public supervisors have to take the lead on cul- The head of the ACSC misled the Interest Disclosure Act will “go some tural change and managing disclosures. committee when she said the reason she way to supporting and protecting” “I would like to thank the brave wanted my talk canned was because of whistleblowers. “I also hope it will people who have come to me person- a proposal for me to participate on a convince agencies more broadly to ally, and to my office, to report panel with Edward Snowden that never listen to their staff about matters that improper conduct,” he adds. “I seek went forward.

The Whistle, #101, January 2020 21 It appears she dissembled and used described as “impenetrable” by their It is quite clear that not all disclo- the apparent floating of the idea of a Federal Court. sures (even when done in the public proposed Edward Snowden panel (for The current debate in Australia interest) are protected by law in which I had no prior knowledge regarding press freedom and whistle- Australia, and the whistleblower is in whatsoever) as a convenient foil and blowing laws strikes at the heart of any danger of exposure as a result. cover to justify and excuse the barring country claiming it is a democracy. At the federal level, whistleblowers of me as a speaker from CyberCon with The recent raids by the Australian face career suicide for public interest the very heavy hand of her “higher government against major media disclosures. And if deemed by the gov- authority” as the head of the ACSC over outlets and whistleblowers have broken ernment to be unauthorized disclosures, the conference organizers (Australian open the tension — between openness those disclosures are even considered Information Security Association). and transparency versus secrecy and criminal. In addition, the reason she gave closed-door government too often As it happened, my removal as a before the committee is not the reason hiding itself (and its actions) away from speaker from CyberCon is the first time given to me when I formally followed accountability and the public interest. I was ever censored anywhere. up with the AISA organizers. Something has to give. The debate centers on the public interest knowing what the government is doing behind closed doors and often in secret in the name of — and under the veil and banner of — national security. The dramatic Right to Know cam- paign on October 21 — with the redacted front pages on all major newspapers in Australia as I woke up in Melbourne before returning to the United States that very day — demon- strates beyond the shadows of secrecy, censorship and press suppression that sunshine is the best antidote for a healthy and robust democracy increas- ingly held hostage by the national secu- rity state. Suelette Dreyfus was also dropped Efforts from on high seek to justify as a CyberCom speaker the actions of that national security state Thomas Drake under the color of public safety for The trend lines of increased secrecy more and more autocratic powers — around the world by governments do In a phone call from the AISA Board while stoking fear and hyping the not bode well for societies at large. Director, I was told that I was no longer danger to society — yet going after History is not kind. a speaker on the conference agenda, but whistleblowers who disclose actions What I do see improving is public- I could still attend the conference as a that clearly rise to the level of wrongdo- interest concern regarding just how far delegate and that they (AISA) would ing, violations of law, coverup and government can or should go. People honor the flight and accommodations endangering public safety, health and are discussing what society sacrifices in arranged for me many months early. the general welfare. the name of secrecy and national I followed up formally and asked for What is happening in Australia is security when too often the mantra is the specific reason I was dropped as a most concerning to me as fundamental the ends justifies the means — and speaker from CyberCon. I was democratic values and principles are government says to just trust us, while informed on October 7, in an e-mail increasingly under direct attack around secret power is too often unaccounta- from the Board Director, that “AISA the world from the rise of increasing ble, even to itself. works with a conference partner in autocratic tendencies and raw executive The price I paid as a whistleblower respect of CyberCon. Our conference authorities bypassing, ignoring and was very high. I just about lost it all and partner has determined your presenta- even undermining the rule of law under came close to losing my liberty and tion is incongruent with the confer- the exception of national security and freedom. I was declared indigent by the ence.” government fiat. court, am still in severe debt, have no Furthermore, this egregious canning Australian public interest disclosure pension as my career and personal life of me as a speaker fed right into the laws are also a mixed bag — a were turned inside-out and upside- current debate in Australia about press conflicted patchwork with huge carve- down because the government treated freedom and whistleblowing laws be- outs for national security and immigra- me as a traitor for my whistleblowing cause their public interest disclosure tion. Nor do they adequately protect a on the mass domestic surveillance process (their legal way for public whistleblower from reprisal, retaliation program that violated the U.S. Consti- servants to blow the whistle) has been or retribution. tution. I also exposed 9/11 intelligence failures and subsequent coverup plus

22 The Whistle, #101, January 2020 massive multibillion-dollar fraud, Republican attacks as the House prepares for a final vote on waste and abuse. The government then impeachment this week. turned me into an insider threat and on whistleblower Historically, lawmakers across the Enemy of the State and prosecuted me undermine their defense political spectrum in Washington — as a criminal for allegedly violating the from the craziest conservatives to the U.S. Espionage Act. of Donald Trump looniest liberals — have supported If it is left up to the government to When Republicans insist that the whistleblower protections, including determine what are state secrets, then whistleblower should be unmasked, anonymity, knowing that encouraging the government is perversely incentiv- they are going against years of whistleblowers to come forward is an ized to declare as state secrets any precedent. Nothing puts the lack of important way to put a check on disclosures made in the press it does not integrity their case against corruption. like. This thinking can only lead to impeachment in a clearer light. It has not mattered that the whistle- more prosecutions of publishers to blower might have an ax to grind. It has protect the State. In the absence of Editorial, Chicago Sun-Times not mattered whether he or she voted meaningful oversight of the secret side 15 December 2019 Democratic or Republican. What has of government, how does the public mattered is the quality of the tipster’s trust its own government to operate and FOR DECADES, the Chicago City information — the alleged facts them- function in the public interest and not Council refused to allow the city’s selves — which either hold up or fall for special or private interests? inspector general to investigate anony- apart upon investigation. But then again, if the press is not mous complaints of corruption against When Republicans insist that the doing its job holding government and aldermen. whistleblower, whose 7-page complaint the public sector to account, why should Pretty much everybody in town, triggered the impeachment of President they be surprised when the public holds including small children, cats and dogs, Trump, should be unmasked — even the media in lower regard? saw right through that. publicly outed and forced to testify and Government should earn the public’s The aldermen’s refusal to allow dragged through the mud by Fox News trust and not take it for granted or abuse whistleblowers to remain anonymous — they are creating a massive chilling that trust. The heart of democracy rests had nothing to do with their supposed effect. on a civil society that it is not right to confront their accuser. It was They are threatening this whistle- undermined by the very government about saving their own skin. blower’s safety and deterring future that represents it. That impediment to investigating whistleblowers from coming forward. Once the pillars of democracy are corruption was upended in the last And they know it. eroded away, it is quite difficult to couple of years. Inspector General Joe But unable to refute the substance of restore them. The misuse of the concept Ferguson now is free to pursue anony- the accusations against Trump, they of national security — as the primary mous tips. But we always were amazed need a noisy diversion — and a villain. grounds to suppress democracy, the that anybody could argue with a straight press and the voices of whistleblowers face against protecting whistleblowers Nothing of substance to gain speaking truth to and about power — from being named, and we are amazed Trump has called the whistleblower increases authoritarian tendencies in now that Republicans in the U.S. House “almost a spy,” “a disgrace” and — on even democratic governments. are trying to sell the same hogwash. Friday — “a fraud.” He and other The real danger to civil society in Republicans have demanded that the Australia is that these same tendencies name of the whistleblower, who works give rise to extralegal autocratic for the CIA, be made fully public. On behavior and state control over the Wednesday, the reprehensible Rep. institutions of democratic governance Louie Gohmert, Republican from under the blanket of national security Texas, publicly named the person with the excuse of protecting the state. suspected of being the whistleblower while ticking off a list of potential Thomas Drake is a former senior committee witnesses. executive of the US National Security To what end? Agency and whistleblower. In 2006, he leaked information about the NSA’s dysfunctional data-gathering Trailblazer Transparently cynical diversion Project to the Baltimore Sun. He was Nothing, to our thinking, puts the lack prosecuted under the Espionage Act in 2010, but the case collapsed. of integrity of the Republican case against impeachment in a clearer light. They may tell themselves they believe many of the specious arguments they’re making, but not this one. This one is such a transparently

cynical diversion tactic that it puts the Louie Gohmert lie to the whole Republican effort, even

The Whistle, #101, January 2020 23 Republicans have an obvious motive almost superhuman ability to believe We’re familiar with this type of in attacking the whistleblower, but what is convenient to believe. presidential behavior. But there’s been there is nothing more to be gained. We have known more than a few less talk about how Trump’s response Everything in the whistleblower’s com- legislators, for example, who believe — comes straight from the playbook of plaint, filed on August 12 with the who really believe — that all taxes are America’s most unscrupulous employ- office of the Intelligence Community evil. Until the lines of their staunchly ers when accused by their employees of inspector general, has been corrobo- conservative districts are redrawn and fraud or other misconduct.| rated by others, including Trump they now must appeal to more centrist As lawyers who have spent decades himself. voters to win reelection. Then they representing whistleblowers who ex- In a phone call on July 25, Trump did believe — really believe — that taxes pose corporate fraud, we know the ins in fact ask Ukrainian President are evil but sometimes they have to be and outs of navigating the often se- Volodymyr Zelensky to investigate raised to pay for such things as schools vere—and unfortunately, predictable— former Vice President Joe Biden and and senior centers. retaliation that befalls a person who his son Hunter, particularly Hunter At some point, though, the worst reveals secrets that powerful interests Biden’s business dealings with a elected officials — on the left and right are dead set on keeping hidden. Ukrainian energy company, Burisma. — don’t believe a word they’re saying. Trump did in fact ask Zelensky to Their ability to kid themselves reaches look into a baseless story that Ukraine its outer limit and they just lie. had interfered, on the side of the This is what we’re seeing with Democrats, in the 2016 presidential respect to the Republicans’ insistence election. on outing the whistleblower. A transcript of the phone call was in They have abandoned any pretense fact placed by White House officials in of intellectual honesty, giving the lie to a highly classified database, contrary to their entire defense of President Trump. the usual practice. Corporate lessons That’s all the whistleblower had to say, and it has been confirmed by a For instance, after the UK bank wealth of evidence and testimony Trump’s whistleblower Barclays received an anonymous letter gathered by the House Intelligence tactics are straight out raising concerns about CEO Jes Committee. of America’s corrupt Staley’s decision to hire an old friend as Trump and the Republicans are a senior executive, Staley went on a attacking the messenger because corporate playbook witch hunt to identify the whistle- they’ve got nothing else. The substance Mary Inman and Ari Yampolsky blower. He did so despite rules that re- of the message itself has been fully Quartz, 9 November 2019 quired him to respect the whistle- confirmed. There is even no doubt, by blower’s request for anonymity. (Regu- any objective assessment of the WHEN a then-anonymous whistle- lators smacked Staley with a $1.5 evidence, about the quid in Trump’s blower revealed information that set the million fine and Barclay’s board quid pro quo. machinery of impeachment proceed- tweaked his bonus, but Staley kept his Until Zelensky announced an inves- ings in motion in Congress, president job.) tigation of the Bidens, Trump was in Donald Trump reacted in a display of Another common flavor of retalia- fact prepared to hold up almost $400 his worst political instincts. tion comes in the form of crushing legal million in military aid to Ukraine and a Shoot the messenger (without really fees. Tyler Schulz learned this after he coveted White House meeting, putting disputing what was revealed); surmise exposed falsified lab tests conducted at our nation’s best interests second to his dark motives (again, ignoring the blood-testing “disruptor” Theranos reelection. substance of the claims); threaten during his employment there. When If there is not as much first-hand crippling legal action (even when Theranos and its high-flying lawyers confirmation of all this as we might taking such action is baseless). And, threatened legal action to keep Schulz like, it is only because Trump won’t most important: Work diligently to quiet, Schulz quipped that “fraud is not allow it. He has attempted to obstruct make life miserable for the supposed a trade secret.” Still, Schulz had to pay justice by dissuading witnesses from antagonist. more than $400,000 to hire counsel to testifying. He knows that would not go defend himself. well for him. Or, retaliation can involve humilia- tion, as Tricia Newbold, a prior Trump Believe what’s convenient administration whistleblower, cruelly In trying to understand the breathtaking learned. Newbold revealed this year willingness of Republicans in the that dozens of officials with histories of House to flip reality upside down, it “significant disqualifying factors,”— helps to remember the first imperative which included conflicts of interest, of elected officials — to get reelected. drug use, and criminal misconduct— Toward that end, they develop an nonetheless got security clearances

24 The Whistle, #101, January 2020 from the Trump White House, over the more robust internal whistleblowing with a private audience, Trump dubbed opposition of career staffers. systems that get more complaints are the whistleblower “almost a spy” and After she complained about the healthier than those that don’t. suggested the person is guilty of improper security clearances, Newbold, “treason.” He mused that the govern- who has a rare form of dwarfism, found ment should “handle” the whistle- that her boss moved her files to a shelf blower like it did “in the old days”— beyond her reach. which, in traditional mafioso vernacu- lar, means execution. Trump’s vicious smearing of the whistleblower is not only outrageous and unethical, but his persistent demand to reveal the whistleblower’s identity violates the laws he swore to faithfully execute upon taking office. It also jeop- ardizes the whistleblower’s safety. Just as critically, Trump’s attacks give official sanction on a national level to the old-school way of treating whis- tleblowers. Such companies are sued less fre- Reverting to the tired tropes that quently, for one. And if they are sued, vilify whistleblowers as snitches and rats threatens to set back the growing Tricia Newbold they have considerably less liability recognition that whistleblowers help than companies where employees can’t organizations far more than they hurt The autoimmune reflex report misconduct in real time. them. As Trump’s economy falters, In these worst cases, employers respond For corporations, whistleblowers are that’s not something American busi- to whistleblowers like the immune the good bacteria that makes a corpora- nesses—or legal system—can afford. system responds to disease: It fights the tion’s body stronger. Enlightened cor- offending virus and tries to expel it porate leaders understand that, far from from the body, supposedly to make it needing to be expelled, whistleblowers healthy again. must be encouraged and supported. How to be a Physical energy is concentrated on Senior managers who foster an open- the problem area, sometimes at the door culture, where employees are whistleblower expense of other functions. encouraged to raise concerns without “There is no easy way As the above examples show, in the fear of reprisal, can fix a problem long to secure yourself.” corporate world, the spotlight is often before they have to call on hired-gun Charlie Warzel trained on the whistleblower, rather crisis managers. Simple logic dictates New York Times, 12 November 2019 than the misconduct they exposed. This that corporate managers have a finan- can be an effective defense reflex. The cial interest in discovering a problem— LAST WEEK, at a conference in Portugal, purpose is to discredit, isolate, and before it becomes a scandal. I met John Napier Tye. He is a former professionally assassinate the person’s These are some of the key reasons State Department employee, a whistle- reputation and character. Was the behind Congress’s repeated initiatives blower and a co-founder of Whistle- person a star performer climbing in the to encourage, incentivize, and protect blower Aid, a nonprofit law firm that organization’s ranks? Take away their whistleblowers from retaliation in represents individuals trying to expose responsibilities and neuter their ability corporate America. And they’re also wrongdoing. As you may have noticed, to excel. Does the person have a prom- the motivation behind Congress’s whistle-blowers are very much in the ising future in the industry? Blackball attempts to protect government whistle- news these days, and Tye is very much them to ensure they have nowhere to blowers, like the Civil Service Reform in the center of that world. turn. Does the person lean on co- Act, which protects the rights of workers for support? Make sure every- government employees who report one understands the whistleblower is wrongdoing, and the Whistleblower holding kryptonite and that consorting Protection Act, which protects disclo- with them is professional suicide. sure of information as well as a govern- What’s so unfortunate about this ment employee’s refusal to participate reflexive autoimmune response is that in wrongful activities. it’s unilaterally terrible for any organi- Trump’s reaction to the intelligence zation. In the case of corporations, new whistleblower mirrors the very behav- academic research shows that whistle- ior that has been proven to weaken blowers are actually good for a corporations in similar situations. John Tye company’s bottom line. Somewhat While the country reels, Trump and counterintuitively, companies with his henchmen are calling for the Today’s newsletter is a Q and A with whistleblower’s head. In a recording Tye. We talked about whether it’s

The Whistle, #101, January 2020 25 possible to stay anonymous in 2019, The best thing you can do is avoid being you might be individually targeted for how to protect your privacy like a spy, a target. Because if you are a high-value hacking. Even if you work as a hair whether regular people are at risk of target, there is no safe way to use digital stylist, public-school teacher, restaurant becoming targets and how to become a communication devices. Companies, server or some other job with a very whistle-blower if you’re a witness to like NSO Group, sell surveillance local focus, it appears that there’s more something troubling. software to governments with terrible targeted hacking in local disputes and This is a condensed and edited human rights records, no questions by intimate partners. version of our conversation. asked. NSO surveillance software was found on Jamal Khashoggi’s phone You deal with incredibly sensitive before he was murdered, and on the information every day. What’s your phones of other journalists, human setup to ensure communications stay rights defenders and opposition figures. private? It’s not just journalists and activists Unfortunately, security is expensive — more people than you would expect and inconvenient, and there is no easy are targeted for individual surveillance. way to secure yourself. Whistleblower There are auction sites where anyone Aid has gone to great lengths to create can pay to get targeted surveillance systems that are harder to hack. While software in a matter of minutes. It’s not we aspire to become the most secure just governments, but also run-of-the- legal organization on earth, we know What are the biggest threats right mill criminals and jilted lovers who are that there is no such thing as 100 now to privacy for normal citizens? using this kind of surveillance software percent security. Whenever possible, at a lower cost than you would expect. It’s useful to distinguish between bulk we do things in person with no devices And the victims almost never even collection and targeted surveillance. nearby, or in hard copy, and then we learn they were hacked. A lot more Both are threats. The average citizen is burn the paper. We have a manual type- industries than you would expect are likely already caught up by bulk collec- writer with the old-fashioned ribbons. targeted for penetration by foreign tion, although the proliferation of targeted surveillance technologies are governments. And it’s not just the top increasingly threatening whistle- executives; most hacking starts with blowers, journalists and others that find junior employees and then escalates. themselves on the wrong side of unaccountable governments and secu- rity agencies. Bulk collection affects everyone. A number of governments and companies have the goal of building databases with detailed profile information for every person on earth, or at least every internet user — including where you are at any given moment, who your How does Whistleblower Aid protect potential clients’ privacy? friends are, what kind of messages and photos you are creating and how you After someone becomes our client, we think about the world. They are closer What about tech companies or typically give them a new device that than you might expect. companies with some security they use only for communication with Some entities, including the Ameri- savvy? us. But because it’s so easy to hack any can government, effectively capture Hopefully, employees at Facebook and particular device, and we expect that we and store a huge portion of all the other internet and telecom companies are being targeted, we have to ensure private data worldwide, perhaps even a understand by now that they are being that our clients’ devices are not associ- majority. The last decade or so is the targeted. But we know that foreign ated with ours in any way. first time in human history that such a governments are hacking energy From the moment a client reaches thing has even been possible, and we’re companies and utilities, state and local out to us, we make an extensive effort only just now starting to wrestle with governments, financial firms, airlines, to protect their communications with us the implications. hospitals, universities, manufacturing, and advise them about how to be safer Hollywood studios, rideshare compa- in the rest of their life. From burners to I hear objections that regular people nies, even agriculture, fashion and Faraday Bags and other tried-and-true without public profiles or those who retail. The costs of hacking are so low, techniques to avoid surveillance, we don’t deal with sensitive information and the value of our data is so high, that invest heavily in providing clients with don’t need to worry about spyware targeted surveillance happens a lot alternate technological means to com- swooping in and compromising their more than we expect. municate with us, and work hard to devices. What’s your response to If you’re in an industry of any avoid physical and location tracking. that? interest at all to foreign governments, We have a special system for receiv- even if you’re a junior employee, then ing new inquiries from prospective

26 The Whistle, #101, January 2020 clients. Prospective clients must install this won’t happen. What we recom- Whistleblowing a special browser called Tor onto a mend instead is that people consult a personal laptop and send us encrypted guide like this one. Avoid email, which International messages to our custom platform called is always insecure. https://www.wbinternational.org SecureDrop. Tor is the only browser Established 1 October 2019 that strips off all the metadata like IP Can a whistle-blower stay truly addresses from all traffic, so that if our anonymous in 2019? SecureDrop is somehow hacked, even Sometimes, but it can’t be guaranteed. we aren’t holding identifying data. Even when the law says you have a

right to be anonymous, some people may have an interest in trying to identify you. On the other hand, there are still a lot of whistle-blowers, includ- ing some of our clients, who are able to make disclosures and hold institutions

accountable while remaining anony- Whistleblowing International fights for mous. the rights of whistleblowers every-

where. We are the only independent non-profit organization that supports whistleblowers, investigates corruption cases, and advocates for stronger whis- tleblower rights worldwide. Reporting crime is only the first half of the story. We also work to hold cor- rupt politicians, company executives, environmental polluters and other crim- inals to account. And we directly con- front bullies and crooks who punish It’s possible that somebody reading whistleblowers — without fear or hesi- this now has seen something in their tation. We protect the confidentiality line of work or has evidence they’d and anonymity of whistleblowers — like to come forward with. What’s without exception. the best way to become a whistle- True to our independence, we do not With the presumption that Whistle- blower? And what should they abso- accept funding or any other support blower Aid is under surveillance, we’ve lutely avoid? from governments, billionaire philan- deliberately disabled all other ways to Before you do anything else, you thropists, or multinational companies contact us so that we aren’t inadvert- should talk to a lawyer you trust, who such as Microsoft, eBay and Google. ently exposing new clients before they can protect your conversation with Whistleblowing International will even get started. We don’t have emails attorney-client privilege. Do not talk to build on the successes of the European or web forms or even a mailing address. anyone at work, do not forward any Center for Whistleblower Rights and emails. Following the advice of Southeast Europe Coalition on Whistle- What’s your advice for how people counsel, you should preserve the blower Protection. can replicate this practice them- evidence of misconduct. But you We can help people who have made selves? Can it be done without should be careful to follow all laws that a report or who are considering making burner phones and dead drops? a report. Encrypted communication is apply; for instance, you can’t just take For someone who’s truly a high-value classified files home with you. Every available — ask for our public PGP target, there is no way to safely use a case is different, so the only universal key. digital device. The surveillance systems advice is to speak with experienced that we face are designed to track counsel. people with resources and motivation to hide what they are doing. It is a terrible If you’ve seen something troubling, you irony that journalists trying to protect can find instructions at https://whistle- their sources, and lawyers trying to bloweraid.org/contact/#whistleblower- protect their clients, must borrow contact to get in touch with Whistle- digital tradecraft techniques from the blower Aid. We fought corrupt officials and lawyers world of espionage in order to make in Paraguay until they dropped the their essential contributions. retaliatory criminal charges filed It is hard to be totally secure. Invari- against whistleblower ably, people want that one device or app Brigitte Fuzellier (centre) that will protect them. Unfortunately

The Whistle, #101, January 2020 27 Whistleblowers Australia contacts Thanks to Trump

Donald Trump has done wonders in putting whistleblowing Postal address PO Box U129, Wollongong NSW 2500 on the media agenda. In condemning the whistleblower Website http://www.whistleblowers.org.au/ whose report led to impeachment proceedings, Trump has Facebook https://www.facebook.com/Whistleblowers- provided a vivid example of the tactic of shooting the Australia-Inc-172621456093012/ messenger. He may be displaying a widespread attitude that Members of the national committee is seldom articulated with such vehemence. http://www.bmartin.cc/dissent/contacts/au_wba/committee.html Should whistleblowers thank Trump for the free publicity?

Previous issues of The Whistle Trump came to power in part by breaking so many http://www.bmartin.cc/dissent/contacts/au_wba/ conventions that he garnered vast amounts of media attention. Perhaps there is a lesson for whistleblowers, or at New South Wales contact Cynthia Kardell, least some of them: do what you can to attract media phone 02 9484 6895, [email protected] coverage, and don’t worry if it’s negative. The problem here Wollongong contact Brian Martin, phone 02 4228 7860. is a familiar one: attention to the whistleblower diverts Website http://www.bmartin.cc/dissent/ attention from what they are speaking out about.

Queensland contact Feliks Perera, phone 0410 260 440, [email protected]

Tasmania Whistleblowers Tasmania contact, Isla MacGregor, phone 03 6239 1054, [email protected]

Schools and teachers contact Robina Cosser, [email protected]

Whistle Editor: Brian Martin, [email protected] Phone 02 4228 7860 Address: PO Box U129, Wollongong NSW 2500 Thanks to Cynthia Kardell and Lynn Simpson for proofreading.

Whistleblowers Australia membership

Membership of WBA involves an annual fee of $25, payable to Whistleblowers Australia. Membership includes an annual subscription to The Whistle, and members receive discounts to seminars, invitations to briefings/ discussion groups, plus input into policy and submissions. To subscribe to The Whistle but not join WBA, the annual subscription fee is $25. The activities of Whistleblowers Australia depend entirely on voluntary work by members and supporters. We value your ideas, time, expertise and involvement. Whistleblowers Australia is funded almost entirely from membership fees, donations and bequests. Renewing members can make your payment in one of these ways. 1. Pay Whistleblowers Australia Inc by online deposit to NAB Coolum Beach BSB 084 620 Account Number 69841 4626. Reference your surname. 2. Post a cheque made out to Whistleblowers Australia Inc with your name to the Secretary, WBA, PO Box 458 Sydney Markets, Sydney, NSW 2129 3. Pay by credit card using PayPal to account name [email protected]. Use your surname/membership as the reference. New members: http://www.bmartin.cc/dissent/contacts/au_wba/membership.html

28 The Whistle, #101, January 2020