Edward Snowden, the NSA whistleblower. Photograph: Getty Images
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Laurie Penny on whistle-blowing: What do Edward Snowden, Bradley Manning and the Steubenville hacker have in common?

Expose injustice and pay the price.

Bad things happen to whistleblowers right now. Last year, two high-school football players in Steubenville, Ohio, raped an unconscious sixteen-year-old girl over several hours. They took photo footage of themselves doing it, and shared it among their friends. When the pair were finally convicted and sentenced to between one and two years in jail earlier this year, mainstream news outlets wailed that two promising athletes had had their futures ruined, the implication being that the victim really should have shut up and kept quiet and understood that her future and her trauma are far less important than the ambitions of young men.

What was truly shocking, however, was that the case was only prosecuted after a sustained campaign by internet activists, including the protest group Anonymous, which released video and photographic evidence of the crime and drew the world's attention to how little local law enforcement cares about rape victims. Now one of the hackers who helped bring the Steubenville rapists to justice, 26-year-old Deric Lostutter — otherwise known as “KYAnonymous” - is being prosecuted by the FBI

If convicted of computer-related crimes, Lostutter could spend ten years in jail. That's at least five times as long as the rapists. Even if he isn't convicted, his defence could cost hundreds of thousands - he is collecting donations online. Lostutter is entirely unapologetic, and told Josh Harkinson at Mother Jones that he believes that the FBI and Steubenville officials are pursuing him to send a message: “They want to make an example of me, saying, ‘You don’t fucking come after us. Don’t question us.’"

This is how the surveillance state works, and it's also how patriarchy works. The message is: don't tell. Don't ever tell. The people who have power, whether that's the state or the boys on the football team, are allowed to know what you're up to, constantly, intimately, and they can and will punish you for it, but if you turn the tables and show the world how power is abused, you can expect to be fucked with, and fast.

I've been trying for a while now to convince the geek activists and hackers in my life that the fight for the principles of free speech, the fight against surveillance and the fight for a society where whistleblowers are protected, is a feminist fight. Steuvenville isn't the only case where the internet has pursued justice for rape victims where the state was unwilling to do so. There is a growing awareness that commitment to openness and transparency as organising principles necessarily involves a commitment to a new kind of sexual politics. Patriarchy doesn't like it when you tell its secrets, and neither does the government.

Secrecy is only supposed to work for the strong against the weak. Right now Edward Snowden, the former CIA technical operative who leaked data exposing the extent of Anglo-American state internet surveillance to the world, is in hiding in Hong Kong. Snowden, 29, sacrificed everything to tell the world. "The NSA has built an infrastructure that allows it to intercept almost everything. With this capability, the vast majority of human communications are automatically ingested without targeting. I don't want to live in a society that does these sort of things," Snowden told the Guardian. "I do not want to live in a world where everything I do and say is recorded. That is not something I am willing to support or live under." When asked what he thought was going to happen to him now, Snowden replied: "Nothing good."

For now, Edward Snowden is safe. At Fort Meade, Bradley Manning isn't. The Wikileaks whistleblower is preparing to spend the rest of his life in jail for putting private information about US foreign policy, including the murder of civilians in Iraq, in the public domain. It's no accident that both Manning and Snowden are former soldiers who served in Iraq and enlisted because, in Snowden's words, "I felt like I had an obligation as a human being to help free people from oppression." Both were quickly disabused of the notion that the American war in the Middle East is achieving anything of the sort, were horrified to find themselves complicit, and decided to do something about it.

Edward Snowden. Bradley Manning. Deric Lostutter. These young people are on the frontlines of a different war, a war of the old world of violence enforced by secrecy against the new logic of information transparency. It is generational, and it is gendered, and it's about values. The MO of national security, in a world where both the nation state and the notion of security are tenuous ideals, holds that any state should be able to access any information about any person at any time, but not vice versa. You can't ever turn off the internet, nor prevent people having access to it, so ordinary people must learn to fear cracking or publish the private data of state and corporate institutions. We must learn to be silent, to keep secrets, or pay for doing not doing so with our freedom, and possibly with our lives.

Right now, a few brave souls are refusing to learn that lesson. The risks they are taking today will affect how states operate in the future, wherever we live; they will decide whether an information-rich society frees people to have more control over our lives or simply allows governments more control over people. What these hackers are writing isn't just history - it's the base code of future human relations, on the most intimate level. And it’s not just even about the state.

It takes us right back to that kitchen in Steubenville, Ohio, and those pictures of that half-naked teenager slung like a dead deer between her rapists. It’s about who, in the future, will be allowed to hurt and abuse other people and expect complicity. It’s about who will be allowed to speak up and call out, and who will be made to pay the price.
 

Laurie Penny is a contributing editor to the New Statesman. She is the author of five books, most recently Unspeakable Things.

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What are the consequences of Brexit for the refugee crisis?

Politicians neglected the refugee crisis whilst campaigning – but they shouldn't now concede to the darker undertones of the debate.

In the chaotic aftermath of Brexit, the refugee crisis seems like a distant memory. Yet not even a year has passed since the body of a young Syrian boy washed up on a Turkish beach, shocking the world.

When campaigning for the EU referendum began, politicians neglected the crisis. Not because the situation had ameliorated, but because the issue had become strategically toxic. Nigel Farage's infamous poster aside, the Leave side preferred scare stories about economic migrants rather than refugees; the Remain side because the refugee crisis, more than anything else since its inception, highlighted the fragility of the ideals that underpin the European Union.

Many of the main issues aired in the course of the referendum debate were related to the refugee crisis, regardless of how little it impacted on them in reality; immigration, strain on public services, national identity. The refugee crisis became a proxy issue; implied, but not addressed, for fear of detrimental impact in the polls.

However, in his repugnant posters (it should be stressed, nothing to do with Leave campaign itself), Nigel Farage made explicit what he thought posed the greatest threat to the UK. Rightly, the posters have been condemned by both sides of the referendum debate, but the underlying suspicion of refugees it reflects has concerned many organisations.Their concern has only been exacerbated by the result of the referendum. The spike in hate crime compounds their fears.

Paul Dillane, head of UKLGIG, a charity that supports LGBTI asylum seekers to the UK, expressed unease at the reaction of his clients: “The asylum seekers I work with do not understand the decision that has been made – they feel vulnerable, they feel unwelcome. Yes the law hasn’t changed, and if they’re at risk of persecution, they will be protected. But they don’t feel like that now.”

Despite the troubling situation, the result of the referendum changes little when it comes to refugee law. “Refugee policy is shaped in London, not in Brussels”, said Stephen Hale, Chief Executive of Refugees Action. “The decision about how well we support refugees in terms of integration is a matter for the UK, not Brussels. The number of Syrian refugees we choose to resettle is a matter for the UK, not Brussels.”

Although the law may not have changed, from a diplomatic or political perspective, the same cannot be said. This does have the power to negatively impact legislation. Post-Brexit reaction in France surrounding the Touquet Treaty typifies this.

The Touquet Treaty, reached between the UK and France in 2003, permits each country to carry out passport checks on the other countries’ soil. It is what, according to French politicians in Calais, has accelerated the growth of the "Jungle", which currently accommodates close to 5,000 refugees.

Because the agreement was signed outside the auspices of the European Union, Brexit does not affect its legal legitimacy. However, for France, EU membership was crucial to the nature of the agreement. Speaking earlier this year, Harlem Desir, French Secretary of State for European Affairs, said the Touquet Treaty is “a bilaterial agreement. So, there will be no blackmail, nor threat, but it’s true that we cooperate more easily in both being members of the EU.”

Natacha Bouchart, mayor of Calais and a long-time critic of the treaty, has been vocal in her demands for legislative change since the result. Speaking to French broadcaster BGM TV, she said: “The British must take on the consequences of their choice. We are in a strong position to push, to press this request for a review and we are asking the President to bring his weight to the issue.” Some have adopted the slogan of the Leave campaign, telling them to now “take back control of your borders.”

Modification of the Touquet Treaty was branded part of ‘Project Fear’ by the Leave campaign. Because of this, change – if indeed it does happen – needs to be handled carefully by both the British and French governments.

The reaction of Natacha Bouchart is already a worrying sign for refugees. Firstly, it perpetuates the toxic narrative that casts refugees as an inconvenience. And secondly, any souring of relations between the UK and France over Brexit and the Touquet Treaty only increases the likelihood of refugees being used as political bargaining chips in the broader EU crisis over Schengen.

A divided government and disintegrating opposition do little to aid the situation. Furthermore, come October, how likely is a Brexit Tory cabinet – governing off the back of a manifesto predicated on reducing immigration – to extend the support networks offered to refugees? Even before the referendum, Theresa May, a supporter of the Remain campaign, said that Britain should withdraw from the European Convention on Human Rights, replacing it with the more questionable Bill of Rights.

Uncertainty of any kind is the most immediate danger to refugees. “Everyone is talking about it,” said Clare Mosesly, founder of Care4Calais. “But opinions on the impact are divided, which is creating yet more uncertainty.” Refugees, unsure whether Brexit will lead to increased fortification of the border, are prone to take ever more dangerous risks to reach the UK. Even economic uncertainty, seemingly distinct from issues such as the refugee crisis or immigration, has a negative impact. “The thing that worries me about a fragile economy”, said Paul Dillane, “is that when a country’s economy suffers, minorities suffer as well. Tolerance and inclusivity are undermined.”

The government must stress that the welcoming principles and legislation Britain had prior to Brexit remain in place. Andrej Mahecic, from the UNHCR, said “we will continue to rely on the UK’s strong support for humanitarian responses to refugee crises. Our work with the government on the UK’s asylum system and refugee resettlement schemes continues.”

The will from NGOs is there. The political will is less assured. In the aftermath of Brexit, the government must not concede to the darker side of the referendum debate.