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UK and US spy chiefs have some explaining to do UK and US spy chiefs have some explaining to do
(3 months later)
Worried spy chiefs in the UK and US are desperately trying to come up with a convincing explanation about why they spend their time and money bugging their friends and allies.Worried spy chiefs in the UK and US are desperately trying to come up with a convincing explanation about why they spend their time and money bugging their friends and allies.
They have a lot of explaining to do.They have a lot of explaining to do.
Over the past few weeks, leaks to the Guardian and elsewhere have revealed that GCHQ, Britain's electronic eavesdropping centre, and its close US partner, the NSA, harvest personal data belonging to millions of entirely innocent people, and target international conferences, including Commonwealth summits.Over the past few weeks, leaks to the Guardian and elsewhere have revealed that GCHQ, Britain's electronic eavesdropping centre, and its close US partner, the NSA, harvest personal data belonging to millions of entirely innocent people, and target international conferences, including Commonwealth summits.
Now we learn that the NSA also bugs EU offices and embassies.Now we learn that the NSA also bugs EU offices and embassies.
The revelations have caused genuine outrage in Germany and Brussels. President Francois Hollande of France, where the response to the revelations of UK and US bugging over the past weeks has been muted, said on Monday the US must "immediately stop" spying on the EU.The revelations have caused genuine outrage in Germany and Brussels. President Francois Hollande of France, where the response to the revelations of UK and US bugging over the past weeks has been muted, said on Monday the US must "immediately stop" spying on the EU.
"We steal secrets… but we steal only those things that keep British or American subjects safe and free. We don't steal things to make Americans — or in GCHQ's case British — subjects rich. The Chinese do," Michael Hayden, former director of the NSA, told Gordon Corera, the BBC's security correspondent, in a recorded interview broadcast on BBC Radio 4 on Monday evening."We steal secrets… but we steal only those things that keep British or American subjects safe and free. We don't steal things to make Americans — or in GCHQ's case British — subjects rich. The Chinese do," Michael Hayden, former director of the NSA, told Gordon Corera, the BBC's security correspondent, in a recorded interview broadcast on BBC Radio 4 on Monday evening.
GCHQ director Sir Iain Lobban referred to "industrial espionage" on an "industrial scale".GCHQ director Sir Iain Lobban referred to "industrial espionage" on an "industrial scale".
He added: "We started a couple of years ago thinking this was going to be very much about the defence sector but really it's any intellectual property that can be harvested."He added: "We started a couple of years ago thinking this was going to be very much about the defence sector but really it's any intellectual property that can be harvested."
MI5's unidentified head of cyber, told the programme: "There are now three certainties in life — there's death, there's taxes and there's a foreign intelligence service on your system".MI5's unidentified head of cyber, told the programme: "There are now three certainties in life — there's death, there's taxes and there's a foreign intelligence service on your system".
Privately, the finger is pointed at China, though the country is not publicly accused — perhaps because of the difficulty in obtaining hard evidence in the cybersphere.Privately, the finger is pointed at China, though the country is not publicly accused — perhaps because of the difficulty in obtaining hard evidence in the cybersphere.
Trying to defend British companies and government departments from cyber attacks from potentially hostile powers is one thing. Targeting allies, presumably to obtain competitive or negotiating advantage, is quite another.Trying to defend British companies and government departments from cyber attacks from potentially hostile powers is one thing. Targeting allies, presumably to obtain competitive or negotiating advantage, is quite another.
What value really is there in such activities? They certainly sit uneasily by Hayden's claim that US spy agencies do not steal secrets to make Americans rich.What value really is there in such activities? They certainly sit uneasily by Hayden's claim that US spy agencies do not steal secrets to make Americans rich.
In law, the job of GCHQ, and MI5, one of GCHQ's main customers, is to protect Britain's "national security".In law, the job of GCHQ, and MI5, one of GCHQ's main customers, is to protect Britain's "national security".
Even though the term does include the country's "economic well-being", such random snooping that has now been revealed can hardly be justified at a time the security and intelligence agencies are demanding more and more resources - needed, they insist, to combat the continuing threat of terrorism.Even though the term does include the country's "economic well-being", such random snooping that has now been revealed can hardly be justified at a time the security and intelligence agencies are demanding more and more resources - needed, they insist, to combat the continuing threat of terrorism.
The government was applauded when it awarded these agencies a 3.4% increase in their budgets last week in its latest spending review. Perhaps it would have been better to insist first that the spooks do not waste their money bugging conversations and intercepting communications in activities which have little to do with our security and more to do with the commercial market place.The government was applauded when it awarded these agencies a 3.4% increase in their budgets last week in its latest spending review. Perhaps it would have been better to insist first that the spooks do not waste their money bugging conversations and intercepting communications in activities which have little to do with our security and more to do with the commercial market place.
Ministers responsible for the agencies, notably the foreign secretary, William Hague, insists no-one is breaking the law.Ministers responsible for the agencies, notably the foreign secretary, William Hague, insists no-one is breaking the law.
But the law is wide open to interpretation by clever ministerial advisers with the help of the latest technology. For example, section 8 of the Regulation of Investigatory Powers Act 2000 (Ripa) clearly implies that intercepts, allowed by a ministerial warrant, can be authorised only when "external", ie foreign, communications, are involved.But the law is wide open to interpretation by clever ministerial advisers with the help of the latest technology. For example, section 8 of the Regulation of Investigatory Powers Act 2000 (Ripa) clearly implies that intercepts, allowed by a ministerial warrant, can be authorised only when "external", ie foreign, communications, are involved.
Yet GCHQ can intercept traffic from cables in a way whereby it is impossible to distinguish which messages drawn from the cables are external and which are entirely domestic.Yet GCHQ can intercept traffic from cables in a way whereby it is impossible to distinguish which messages drawn from the cables are external and which are entirely domestic.
We might have caught a glimpse of how spy chiefs explain themselves by a promised unprecedented public meeting of the parliamentary intelligence and security committee this week.We might have caught a glimpse of how spy chiefs explain themselves by a promised unprecedented public meeting of the parliamentary intelligence and security committee this week.
It has been postponed, we are told, because the committee " is currently investigating both the murder of Drummer Lee Rigby and the allegations surrounding GCHQ as a result of material leaked by Edward Snowden, and these inquiries must take precedence".It has been postponed, we are told, because the committee " is currently investigating both the murder of Drummer Lee Rigby and the allegations surrounding GCHQ as a result of material leaked by Edward Snowden, and these inquiries must take precedence".
The intelligence agencies might have been asked precisely about the juxtaposition of a terrorist attack on a soldier and what they knew about the individuals allegedly involved, and the resources spent on operations which have nothing to do with terrorism.The intelligence agencies might have been asked precisely about the juxtaposition of a terrorist attack on a soldier and what they knew about the individuals allegedly involved, and the resources spent on operations which have nothing to do with terrorism.
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