Private surveillance firms: Profits before freedom

(Illustration: Shutterstock)

(Illustration: Shutterstock)

State surveillance has been much publicised of late due to Snowden’s revelations, but allegations against the NSA and GCHQ are only one aspect of the international industry surrounding wholesale surveillance. Another growing concern is the emergence and growth of private sector surveillance firms selling intrusion software to governments and government agencies around the world.

Not restricted by territorial borders and globalised like every other tradable commodity, buyers and sellers pockmark the globe. Whether designed to support law enforcement or anti-terrorism programmes, intrusion software, enabling states to monitor, block, filter or collect online communication, is available for any government willing to spend the capital. Indeed, there is money to be made – according to Privacy International, the “UK market for cyber security is estimated to be worth approximately £2.8 billion.”

The table below, collated from a range of sources including Mother Jones, the Electronic Frontier Foundation, Bloomberg, Human Rights Watch, Citizen Lab, Privacy International and Huffington Post, shows the flow of intrusion software around the world.

Surveillance Company Country of Origin Alleged Countries of Use
VASTech South Africa Libya (137)
Hacking Team Italy Azerbaijan (160), Egypt (159), Ethiopia (143), Kazakhstan (161), Malaysia (147), Nigeria (112), Oman (134), Saudi Arabia (164), Sudan (172), Turkey (154), Uzebekistan (166)
Elbit Systems Israel Israel (96)
Creative Software UK Iran (173)
Gamma TSE UK Indonesia (132)
Narus USA Egypt (159), Pakistan (158), Saudi Arabia (164)
Cisco USA China (175)
Cellusys Ltd Ireland Syria (177)
Adaptive Mobile Security Ltd Ireland Syria (177), Iran (173)
Blue Coat Systems USA Syria (177)
FinFisher GmbH Germany Egypt (159), Ethiopia (143)

Note: The numbers alongside the alleged countries of use are the country’s ranking from 2014 Reporters without Borders World Press Freedom Index 2014.

While by no means complete, this list is indicative of three things. There is a clear divide, in terms of economic development, between the buyer and seller countries; many of the countries allegedly purchasing intrusion software are in the midst of, or emerging from, conflict or internal instability; and, with the exception of Israel, every buyer country ranks in the lower hundred of the latest World Press Freedom Index.

The alleged legitimacy of this software in terms of law enforcement ignores the potential to use these tools for strictly political ends. Human Rights Watch outlined in its recent report the case of Tadesse Kersmo, an Ethiopian dissident living in London. Due to his prominent position in opposition party, Ginbot 7 it was discovered that his personal computer had traces of FinFisher’s intrusion software, FinSpy, jeopardising the anonymity and safety of those in Ethiopia he has been communicating with. There is no official warrant out for his arrest and at the time of writing there is no known reason in terms of law enforcement or anti-terrorism legislation, outside of his prominence in an opposition party, for his surveillance. It is unclear whether this is part of an larger organised campaign against dissidents in both Ethiopia and the diaspora, but similar claims have been filed against the Ethiopian government on behalf of individuals in the US and Norway.

FinFisher GmbH states on its website that “they target individual suspects and can not be used for mass interception.” Without further interrogation into the end-use of its customers, there is nothing available to directly corroborate or question this statement. But to what extent are private firms responsible for the use of its software by its customers and how robustly can they monitor the end-use of its customers?

In the US Electronic Code of Federal Regulations, there is a piece of guidance entitled Know Your Customer. This outlines steps to be undertaken by firms to identify what the end-use of its products is. This is a proactive process, placing the responsibility firmly with the seller to clearly identify and act on abnormal circumstances, or ‘red flags’. The guidance clearly states that the seller has a “duty to check out the suspicious circumstances and inquire about the end-use, end-user, or ultimate country of destination.”

Hacking Team has sold software, most notably the Remote Control System (RCS) to a number of countries around the world (see above). Citizen Lab, based out of the University of Toronto, has identified 21 countries that have potentially used this software, including Egypt and Ethiopia. In its customer policy, Hacking Team outlines in detail the lengths it goes to verify the end-use and end-user of RCS. Mentioning the above guidelines, Hacking Team have put into practice an oversight process involving a board of external engineers and lawyers who can veto sales, research of human rights reports, as well as a process that can disable functionality if abuses come to light after the sale.

However, Hacking Team goes a long way to obscure the identity of countries using RCS. Labelled as untraceable, RCS has established a “Collection Infrastructure” that utilises a chain of proxies around the world that shields the user country from further scrutiny. The low levels of media freedom in the countries purportedly utilising RCS, the lack of transparency in terms of the oversight process including the make-up of the board and its research sources, as well as the reluctance of Hacking Team to identify the countries it has sold RCS to undermines the robustness of such due diligence. In the words of Citizen Lab: “we have encountered a number of cases where bait content and other material are suggestive of targeting for political advantage, rather than legitimate law enforcement operations.”

Many of the firms outline their adherence to the national laws of the country they sell software to when defending their practices. But without international guidelines and alongside the absence of domestic controls and legislation protecting the population against mass surveillance, intrusion software remains a useful, if expensive, tool for governments to realise and cement their control of the media and other fundamental freedoms.

Perhaps the best way of thinking of corporate responsibility in terms of intrusion software comes from Adds Jouejati of the Local Coordination Committees in Syria, “It’s like putting a gun in someone’s hand and saying ‘I can’t help the way the person uses it.’”

This article was posted on 11 April, 2014 at indexoncensorship.org 

Egypt: Bassem Yousef steps away from journalism after plagiarism

bassem youssef2

Dr Bassem Youssef, the former heart surgeon and  Egyptian TV presenter likened to Jon Stewart, has declared he is taking extended time off from journalism, after an anti-semitism and plagiarism row swept through Egypt.

Dr Youssef was named by Time Magazine as one of the “100 most influential people in the world.” He has over two and a half million followers on his Twitter account and his weekly TV show, Al Bernameg, attracts millions. A political satirist and comedian, he is heavily influenced by Stewart’s Daily Show in the US.

Youssef’s self-censorship comes after a very public humiliation. The Cairo Post reports that an article written for publication in last Tuesday’s edition of Al Shoroqu, concerning events in Ukraine was heavily plagiarised a similar article Ben Judah wrote for Politico about the same topic.

The article was entitled “Why Russia No Longer Fears the West,” and while Ben Judah is a recognised global expert on Russia, Eastern Europe and Central Asia, Youssef is a pop-politics TV presenter with clearly scant knowledge of tensions with Putin.

Youssef tweeted that he had cited Ben Judah’s work at the end of his piece, but that editors had not include this in the final version.

Judah was then targeted by hundreds of anti-semitic messages, including pictures of Nazi symbols.

“Isreal [sic] under my shoes holocaust b***h lol hitler b***h hahahaha if I were hitler I will burn u all,” said one Cairo-based user.

Another from Cairo – “Jews curse of God on Earth.”

Another from Mansoura wrote “I will f**k your family one by one.”

“I made a public statement to lessen the damage on him as I respect his work for freedom of the press” Judah told Index. “Everyone can make mistakes under journalistic stress.” He received no apology from Dr. Youssef, even after the anti-Semitic tweets started arriving.

“Regarding the Twitter rage : I am from a family of Holocaust survivors, so it did not surprise me such hatred of Jews exists.”

Judah believes that the majority of the abusers were “middle class English-speakers in Cairo.”

“The whole experience reveals the scale of racial hate in the Arab world towards Jews,” he added.

In 1945 there were eight hundred thousand Jews living across the Arab world. Today, there are fewer than eight thousand.

Like Christians in the Middle East, who have seen their numbers drop from 15% to 5% in the last hundred years, the last fifty years saw many Jews move to Europe, the US, or Israel. The beginning of the exodus correlates roughly with the establishment of the state of Israel in 1948, suggesting that Arabs persecutions of Jews has also been politically motivated.

Judah says he received hundreds of anti-Semitic messages, many of them referencing the state of Israel.

“u re a f****** israeli dog &put ur tongue in ur ass f*** u son of pimp,” was one, another “I want to tell you f*** you Israel: F*** u Israelis and all Jews,” as well as “Israel under my shoes holocaust bitch lol hitler bitch hahahaha if I were hitler I wud burn you all.”

Judah also observed that many of those tweeting abuse had been key players in the Arab Spring.

“Egyptians who were baying for my Zionist blood were not peasants but mostly middle-class English speakers. Many of them were women, the heroes of the Arab spring.”

The anti-Semitism was not uniform, according to Judah “a lot of big Egyptian bloggers did touchingly tweet their shame and apologies to make me feel a bit better”.

This article was published on April 1, 2014 at indexoncensorship.org

EDL “terrorise” Legoland staff over Muslim family day out

(Image: LEGOLAND Windsor Resort)

(Image: LEGOLAND Windsor Resort)

A day out for Muslim families at the childrens’ theme park Legoland in Windsor was cancelled last week after multiple threats were received from far-right groups. The Daily Mail was labelled “hateful” by Muslim organisations for its coverage of the episode.

According to press reports members from the English Defence League and a splinter group known as Casuals United had both threatened to protest at the day-out, which was organised by the Muslim Research and Development Foundation (MRDF), and had sent threatening letters to MRDF offices as well as staff at Legoland.

A spokesperson for MRDF told Index: “They terrorised staff at Legoland, staff at MRDF and aimed to terrorise children and families on the day of the event.” He added: “Several articles in the national press helped fuel further hatred and resentment.”

The event, which was due to go ahead on 9 March, was cancelled after Legoland and MRDF consulted with the local police. “The owners of Legoland made the decision to cancel the event in consultation with the MRDF”, a police spokesperson told Index

The police are known to be investigating several malicious messages sent by members of the EDL and Casuals United in the run-up to the cancellation. “Thames Valley Police can confirm it is investigating reports of offences committed under the Malicious Communications Act (1988),” said the spokesperson. They confirmed that the investigation related to several social media messages sent in the days leading up to the cancellation.

It is understood from sources at Legoland that the Anti-Fascist League, who had planned a counter-demonstration against the EDL and Casuals United, was also considered a threat to the peaceful day out.

Fierce criticism has been levelled at trustee and chairman of the MRDF, Haitham al-Haddad, an Islamist preacher, over allegations of being anti-Semitic, homophobic and in favour of female genital mutilation. Al-Haddad describes himself as a Muslim community leader and television presenter, of Palestinian origin. He sits on the boards of advisors for several Islamic organisations in the United Kingdom, including the Islamic Sharia Council. He is the chair and operations advisor, and a trustee, for the Muslim Research and Development Foundation. Al-Haddad, who is outspoken in his criticism of British foreign policy, has been banned from speaking at a number of British universities because of his alleged views.

The MRDF, based in East London, undertakes research and publishing programmes, corporate retreats and development programmes, organises conferences, seminars and lecture tours and analysis of news, information and media material.

Grassroots far-right group the English Defence League had planned to hold protests outside the theme park if the day went ahead. In a press release on their website, they described al-Hatham as a “known hate preacher,” who “thinks Jews and gays should be killed, Israel destroyed, unbelievers converted or killed, women beaten into house slaves…and Osama Bin Laden should be held in high esteem.”

A spokesperson from Legoland told Index: “This was about lots of families having a day out. The park is closed from November to March and we open for private events. This one had no alcohol and halal food available, alongside non-halal. Other than that it was a normal event.” The spokesperson also added: “Anyone was able to buy these tickets – it was not a Muslim-only day.”

Legoland said 9000 tickets were available but it was unclear how many had been sold at the time the event was cancelled. Their spokesperson also confirmed that MRDF had paid a fee to hire the park exclusively. MRDF was responsible for selling tickets to their own members.

In a separate statement released on their website, Legoland made clear that they believed the far-right groups should be blamed for the event cancellation: “Sadly it is our belief that deliberate misinformation fuelled by a small group with a clear agenda was designed expressly to achieve this outcome.” The statement added: “We are appalled at what has occurred, and at the fact that the real losers in this are the many families and children who were looking forward to an enjoyable day out at LEGOLAND.”

The Daily Mail has also been slammed in an open letter to their editor, Paul Dacre, over “hateful” coverage of the events leading up to the cancellation.

In a piece written by columnist Richard Littlejohn on Tuesday 18 February, titled “Jolly jihadi boys’ outing to Legoland”, Muslim groups say the paper “deployed hateful Muslim stereotypes” and “used slurs commonly found in racist and far-right websites.”

The article referenced a coach that would be “packed with explosives” and that might “blow up” after stopping in Parliament Square. At Legoland, guests would be “reminded that music and dancing are punishable by death”. Later, girls would be expected “to report to the Kingdom of the Pharaohs for full FGM inspection” while boys would “report to the Al-Aqsa recruiting tent outside the Land of the Vikings for onward transportation to Syria.”

The letter of complaint was published by the Muslim Council of Britain, and co-signed by more than twenty five other Muslim organisations.

This article was posted on March 5, 2014 at indexoncensorship.org

How to spot the difference between a terrorist and a journalist

To: All Governments

From: Index on Censorship

Index on Censorship here. We’ve noticed some you have had trouble telling the difference between terrorists and journalist lately (yes, you too Barack: put the BlackBerry down). So we thought as people with some experience of the journalism thing, we could offer you a few handy tips to refer to the next time you find yourself asking: journalist or terrorist?

Have a look at your suspect. Is he carrying a) a notebook with weird squiggly lines on it, or b) an RPG-7. If the latter, odds on he’s a terrorist. The former? Most likely a journalist. Those squiggly lines are called “shorthand” – it’s what reporters do when they’re writing things down for, er, reporting. It might look a bit like Arabic, but it’s not, and even if it was, that wouldn’t be a good enough reason to lock the guy up.

A journalist

A journalist

Still not clear? Let’s move on to the questioning part.

Questioning can be difficult. Your modern terrorist will be highly committed, and trained to withstand even your steeliest glare (and whatever other tactics you might use, eh? LOL! Winky Smiley!). So it may be difficult to establish for certain whether he or she is in fact a terrorist by simply asking them. They might even say they are a journalist, when actually they are terrorists! Sneaky! But there are some ways of getting past this deviousness.

Does your suspect have strong feelings about unpaid internships and their effect on the industry? Or “paywalls” and profit models?  Your journalist will pounce on these question in a way that may be quite scary to watch, and keep you there talking about it long after you’ve told her she’s free to go. Your terrorist is not as bothered by these issues, generally, though may accept that it is very difficult for kids to get on the terror ladder these days and nepotism is not an ideal way to run a global bombing campaign.

A terrorist

A terrorist

Ask your suspect if he spends too much time on Twitter: If he gets defensive and says something along the lines of “Yes, but the fact is it’s justified. Stories break on Twitter. It’s not just all hashtag games and…” (again, this could go on for several hours, and will most likely end up being all about hashtag games), then he’s a journalist. [Note: If your suspects seem to spend a lot of time getting into Twitter spats with the Israel Defence Force, they may be a bit terroristy].

Does your suspect look stressed? Like, really, really stressed? Probably a journalist.

Finally, just try saying the phrase “below the line”. If you get a slightly confused look, you’ve probably got a terrorist. If there is actual wailing and gnashing of teeth, journalist.

Now let’s go over why you might be making this mix up. This is where a lot of people get confused, so we’ll be as clear as possible, but do keep up.

Terrorists generally hold quite extreme views which, it’s fair to say, most of us probably do not agree with. However, this does not mean that anyone you disagree with is a terrorist. Or, importantly, that someone who’s spoke to someone who you disagree with is a terrorist.

We understand that this can be quite a difficult point to get your head around, so here’s an example: If, say, a large, international news organisation reports on things you’d rather they didn’t, in a way you don’t like, this does NOT make them a “terrorist organisation”. The people working for them are NOT terrorists “broadcasting false news that harms national security”.

Sometimes, journalists will cover the activities of terrorist organisations, like al-Qaeda. This, however, does not automatically make them their “media man”. Get this — you can even interview members of a terrorist organisation without actually being a terrorist yourself.

Similarly, if someone has something that you want back, that doesn’t mean you get to use terrorism laws to get it, even if you think that thing is very, very important. And yes, even if they intend to use that thing to write stories about you.

Keep these basic ideas in mind and we can almost guarantee you’ll never make the embarrassing mistake of calling journalists terrorists again. Any doubts? Call us. We’re here to help.

The Index team

This article was posted on 21 February 2014 at indexoncensorship.org

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