Key US Allies Collaborate On Espionage Laws Considered Harmful To Whistleblowers And Journalists

Since the legislation was passed, Australian Federal Police have raided the homes and offices of journalists who reported on war crimes in Afghanistan and the monitoring of Australian citizens’ communications.

Groups, such as Reporters Without Borders and the National Union of Journalists, wrote to lawmakers and warned that the bill conflated journalism with spying, expanded the definition of classified information, and disproportionately increased the penalty of espionage to life imprisonment.

Many of these new elements align existing laws with the United States Espionage Act, an antiquated law that was adopted over a century ago.

Richard Spence, Jan 5, 2023  https://thedissenter.org/us-allies-collaborate-to-write-new-espionage-laws/

Ministers and security officials in Australia, Sweden, and the United Kingdom have coordinated with the United States to develop new espionage laws.

Each of the countries have faced criticism from news media and civil society organizations for proposing laws that will harm journalists and whistleblowers’ ability to report on abuse and corruption in their own and each other’s countries.

These states have close intelligence ties to each other and the United States, and they have played some role in the extradition of WikiLeaks founder Julian Assange, whose prosecution is widely recognized as a threat to global press freedom. In fact, disclosures of the kind that Assange published have been cited as what the laws aim to make illegal.

FBI Director Christopher Wray had several days of meetings with “law enforcement partners in the United Kingdom” during July 2022. After these meetings, MI5 chief Ken McCallum promoted the “National Security Bill,” the first change to UK espionage laws since 1989.

The law would purportedly address the perceived threats Wray and McCallum discussed.

McCallum and other intelligence officials’ warnings and suggestions were frequently referenced by parliament members and government ministers who supported the bill when it was debated in the UK Parliament in November 2022.

Priti Patel, when she was UK Home Secretary, said the bill “was designed in close consultation with security services.”

In Sweden, the 2022 Foreign Espionage Act, which was adopted last November, specifically criminalized disclosures that cause “substantial damage” to Sweden’s relations with other countries or organizations. That led reporters to warn that journalists revealing war crimes committed by the US government could be prosecuted.

The Australian espionage bill also defined information that “harm[s] or prejudice[s] Australia’s international relations” as illegal to disclose.

Australia Security Intelligence Organization (ASIO) Director Duncan Lewis, who advised the country’s premier on their legislation, was asked at a parliamentary committee hearing, “Is there a connection, in your view, between our diplomatic and economic relations and our national security? In other words, if someone causes harm to our diplomatic relations with a foreign country, like the United States, can that harm our national security?”

“Absolutely,” Lewis responded. “You would need [to] go no further than perhaps the case of [Edward] Snowden to think about that—the enormous damage that was done to various diplomatic relations as a result of the leaks that came out of Snowden.”

The Espionage and Foreign Interference Act of 2018 introduced a range of measures the Australia government claimed were meant to combat Chinese interference.

A collection of media outlets, including The Guardian and News Corp, opposed the law, saying that “journalists and their support staff continue to risk jail time for simply doing their jobs” due to the possibility of being prosecuted for dealing with classified information.  

Since the legislation was passed, Australian Federal Police have raided the homes and offices of journalists who reported on war crimes in Afghanistan and the monitoring of Australian citizens’ communications.

The ASIO gave “extensive operational briefings” on foreign interference to Malcolm Turnbull, when he was Australia’s prime minister, and Turnbull noted their input as he introduced the legislation in Parliament.

ASIO Director Duncan Lewis explained what in part motivated the push to expand the country’s espionage law. “Our international allies and partners with whom we share threat information tell us resoundingly that Australia is not alone in confronting a new threat environment, one that’s different from what we’ve seen before. In ASIO’s view, we must now adjust to this harsh reality.”

Lewis pointed to UK Prime Minister Theresa May who had urged allied powers to do more to “clamp down on the hostile activity of foreign agents.”

During parliamentary debate in the UK, Patel referred to these discussions.

“Let me say something about the legislation we want to introduce. We are learning from other countries, such as Australia—indeed, I had a bilateral meeting just last week. This is also part of the work of Five Eyes,” Patel shared. “A lot of work is being done to look at the institutional impacts of hostile state activity, alongside issues such as foreign agent registration. We want to get this right through future legislation, and that is what we are working on.”

Groups, such as Reporters Without Borders and the National Union of Journalists, wrote to lawmakers and warned that the bill conflated journalism with spying, expanded the definition of classified information, and disproportionately increased the penalty of espionage to life imprisonment.

Many of these new elements align existing laws with the United States Espionage Act, an antiquated law that was adopted over a century ago.

During a Novembr 2021 speech for the right-wing Heritage Foundation on the US-UK alliance, Patel acknowledged this fact.

“We will modernize existing counter-espionage laws to better reflect the contemporary threat; and we will improve our ability to protect official data and strengthen the associated offenses,” Patel declared “Our strategic partnership must continue to address all this activity – which is uninhibited and growing along with all the other threats we see day in, day out.”

The UK’s proposed legislation updates the current espionage laws to now be applicable to non-UK citizens. Press organizations have complained, “The lack of geographic limits and the overly broad definition of the safety and interests of the United Kingdom can extend the reach of the bill across the globe.”

Australia’s new laws also apply outside of the country and like the UK include assisting (or benefiting in the UKs case) foreign entities, leading to criticism that officials are criminalizing those who work with foreign press outlets.

According to the Australian chair of the Five Eyes Law Enforcement Committee, the organization will arrest those who have committed espionage “no matter where those criminals are in the world.”

Swedish military and intelligence officials studied changes to espionage legislation at the behest of the Swedish government and used WikiLeaks’ release of US diplomatic cables in 2010 as an example of a kind of leak that would harm Sweden’s relationship with other countries if it happened today.

Officials also singled out the North Atlantic Treaty Organization (NATO) and the US as powers that were important to protect from damaging leaks.

In June 2022, Conservative Party parliamentary member Sir John Hayes asked Damian Hinds, who was the UK minister of state for prisons, parole, and probation, if “a WikiLeaks-type disclosure dressed up as being by a guardian of liberty or some such other nonsense” would be illegal.

“The defenses in part one of the bill provide law enforcement with several options for prosecuting disclosures, where the person is acting for or on behalf of a foreign power or where the disclosure would materially assist a foreign intelligence service,” Hinds responded. “That can include bulk disclosures.”

“To be clear, with this bill, the maximum sentence for an indiscriminate disclosure—a bulk data dump—will be higher than it is today if that act is done for a foreign power or the disclosure would materially assist a foreign intelligence service, even if not procured by that foreign intelligence service itself,” Hinds further stated.

Canada, which is a Five Eyes country like Australia and the United Kingdom, has also followed their lead.  Canadian security officials briefed the press and politicians, claiming that China aims to influence Canadian democracy.

Security officials in Canada have submitted reports to their government requesting new security laws to prevent Canada from becoming a “weak link” amongst its allies.

January 8, 2023 Posted by Christina Macpherson | Uncategorized | Leave a comment

A Secret War in the Making: Americans Should Not Die to Defend Taiwan

American Institute for Economic Research Doug Bandow January 2, 2023

The United States might be a democracy in form, but most policies are developed without even a semblance of public participation. For instance, policymakers overwhelmingly believe that the US should go to war with the People’s Republic of China if it attacks Taiwan. President Biden has five times declared that he would back Taiwan militarily. Yet Congress has not voted.

Those predicting conflict believe the hour is late, but some imagine that a tough stance would preclude war. America’s president merely needs to wave his pinky finger, or state his demands, and Chinese Communist Party officials would run screaming back to the leadership compound of Zhongnanhai, never to be heard from again. General Secretary Xi Jinping is, however, made of sterner stuff, buttressed by the People’s Liberation Army, which is rapidly expanding to prevent Washington from treating the Asia-Pacific as coastal American waters.

Even so, many Blob members assume that if Beijing were foolish enough to fight, it would (of course) be defeated. Not so. Any war over Taiwan would be won on the seas, and the PRC is much closer and can more easily reinforce its forces. Breaking a naval blockade would be difficult and would invite full-scale conflict. Beijing now possesses a larger (based on numbers, not tonnage) navy than America. And China is able to concentrate its forces in the Asia-Pacific. Reported the Congressional Research Service: “China’s navy is a formidable military force within China’s near-seas region, and it is conducting a growing number of operations in the broader waters of the Western Pacific, the Indian Ocean, and waters around Europe.”

Geography is a major problem: Taiwan is barely 100 miles off China’s shore, roughly the same distance as Cuba from America. The PRC could rely on two score mainland military bases and enjoy air superiority over the island. Beijing’s strategy would be anti-access/area denial, using submarines and missiles, especially, to keep the US Navy afar.

Washington would have to rely on allied bases, most notably Japan (Okinawa), the Philippines, and South Korea. However, none of America’s friends want to end up as targets of Chinese missiles. The Republic of Korea, confronting a dangerous North Korea, is least-likely to back the US in a war against the PRC. The Philippines is a semi-failed state; a former defense secretary once opined that his nation had “a navy that can’t go out to sea and an air force that cannot fly.”

Which leaves Japan. North Korea’s nuclear turn and China’s rise have caused Tokyo to plan a major increase in defense outlays. That government now notes its strategic interest in Taiwan, but has insisted that nothing said so far commits Japan to go to war with China over the issue. Entry into any war would turn the entire country into a potential target, and reaffirm Tokyo’s status as an enemy of the PRC.

Alas, the US usually loses wargames involving a Taiwan conflict. ………

Equally important, China cares much more about Taiwan than does the US  For the Chinese, the issue is nationalism at its most raw: the island was seized by Japan as war booty more than a century ago. Regaining Taiwan would complete recovery from the so-called “century of humiliation,” during which outside imperialistic powers, including America, effectively humbled and dismantled the moribund Chinese empire.

Taiwan also has obvious military significance. No great power would accept an enemy base so close to its territory. In the event of defeat, China could expect the island to fill with US bases and forces. Washington faced such a possibility with Cuba in 1962 and almost fought a nuclear war with the Soviet Union over the issue.

No surprise, then, that the PRC is serious about forcing reunification. In his talk at the twentieth Chinese Communist Party congress in October, Xi Jinping insisted that “The complete unification of the motherland must be realized, and it will be realized.” Several Chinese diplomats strongly expressed similar views to me after House Speaker Nancy Pelosi’s ill-considered August visit to Taiwan.

In contrast, in terms of security, Taiwan doesn’t matter one whit to the US.At most, Washington would gain by denying Taiwan to China, inhibiting the latter’s naval activities in the region. But that is no justification for war. Beijing will always be willing to spend and risk more in any fight over the island.

Moreover, a conflict between the US and China might not remain conventional. Never before have two nuclear-armed powers fought a major conventional war. Escalation would be a constant danger. The US could not easily ignore military targets on the Chinese mainland. Attacking China proper, however, would force Beijing to respond by, for instance, hitting American possessions like Guam, at least. The PRC would face even-greater pressure to escalate if it was losing, since Taiwan is an existential interest………………..

The US needs to have a serious debate over Taiwan. Now.

……………… Finally, the US should seek tripartite negotiations to find a modus vivendi to keep the peace in the Taiwan Strait. We might begin with Taiwan downplaying its efforts to assert a separate international identity, the US pledging to forgo a military relationship with Taipei and minimizing efforts to highlight ties with Taiwan, and Beijing reducing military forces targeting the island and agreeing to eschew military action as long as the other parties keep their promises.

Most members of the Washington foreign policy elite have never met a war they didn’t want other Americans to fight. Policymakers managed to blunder through Afghanistan, Iraq, and Libya without wrecking the US. A war against China over Taiwan could have far more destructive consequences. It is vital for the American people to participate in the decision-making process over policy toward Taiwan. For their future, and that of their kids and grandkids, the right answer is no to war.  https://www.aier.org/article/a-secret-war-in-the-making-americans-should-not-die-to-defend-taiwan/

January 8, 2023 Posted by Christina Macpherson | Uncategorized | Leave a comment