“Já se divertiram o suficiente. (…) Não precisam de escrever mais”

A detenção de David Miranda durante nove horas, no aeroporto de Heathrow, não foi o único ataque à liberdade de imprensa no Reino Unido provocado pela publicação das sucessivas notícias com base nos documentos revelados por Edward Snowden. O The Guardian, o jornal onde Glenn Greenwald publicou a maioria das histórias sobre os sistemas secretos de vigilância electrónica da NSA, foi ameaçado pelo governo britânico: ou entregava a documentação ou a destruía. Caso contrário seria fechado judicialmente. Durante meses sucederam-se as pressões e os telefonemas. Até que os editores decidiram destruir o disco rígidos que continha a informação, na presença de funcionários do executivo britânico.

Foi uma destruição simbólica: a maior parte do trabalho sobre este tema já é feito em Nova Iorque ou no Rio de Janeiro. Os documentos estão guardados em várias localizações, por várias pessoas e as notícias sobre o assunto continuarão a ser publicadas. Ainda assim, o governo manteve-se inflexível. 

O resto do computador destruído. Fotografia:  Roger Tooth

O resto do computador destruído. Fotografia: Roger Tooth

 

Na segunda-feira à noite, o editor do The Guardian, Alan Rusbridger, contou toda a história, na sequência da detenção de David Miranda. Esta é a parte mais impressionante. 

“A little over two months ago I was contacted by a very senior government official claiming to represent the views of the prime minister. There followed two meetings in which he demanded the return or destruction of all the material we were working on. The tone was steely, if cordial, but there was an implicit threat that others within government and Whitehall favoured a far more draconian approach.

The mood toughened just over a month ago, when I received a phone call from the centre of government telling me: “You’ve had your fun. Now we want the stuff back.” There followed further meetings with shadowy Whitehall figures. The demand was the same: hand the Snowden material back or destroy it. I explained that we could not research and report on this subject if we complied with this request. The man from Whitehall looked mystified. “You’ve had your debate. There’s no need to write any more.”

During one of these meetings I asked directly whether the government would move to close down the Guardian’s reporting through a legal route – by going to court to force the surrender of the material on which we were working. The official confirmed that, in the absence of handover or destruction, this was indeed the government’s intention. Prior restraint, near impossible in the US, was now explicitly and imminently on the table in the UK. But my experience over WikiLeaks – the thumb drive and the first amendment – had already prepared me for this moment. I explained to the man from Whitehall about the nature of international collaborations and the way in which, these days, media organisations could take advantage of the most permissive legal environments. Bluntly, we did not have to do our reporting from London. Already most of the NSA stories were being reported and edited out of New York. And had it occurred to him that Greenwald lived in Brazil?

The man was unmoved. And so one of the more bizarre moments in the Guardian’s long history occurred – with two GCHQ security experts overseeing the destruction of hard drives in the Guardian’s basement just to make sure there was nothing in the mangled bits of metal which could possibly be of any interest to passing Chinese agents. “We can call off the black helicopters,” joked one as we swept up the remains of a MacBook Pro.

Whitehall was satisfied, but it felt like a peculiarly pointless piece of symbolism that understood nothing about the digital age. We will continue to do patient, painstaking reporting on the Snowden documents, we just won’t do it in London. The seizure of Miranda’s laptop, phones, hard drives and camera will similarly have no effect on Greenwald’s work.

The state that is building such a formidable apparatus of surveillance will do its best to prevent journalists from reporting on it. Most journalists can see that. But I wonder how many have truly understood the absolute threat to journalism implicit in the idea of total surveillance, when or if it comes – and, increasingly, it looks like “when”.

We are not there yet, but it may not be long before it will be impossible for journalists to have confidential sources. Most reporting – indeed, most human life in 2013 – leaves too much of a digital fingerprint. Those colleagues who denigrate Snowden or say reporters should trust the state to know best (many of them in the UK, oddly, on the right) may one day have a cruel awakening. One day it will be their reporting, their cause, under attack. But at least reporters now know to stay away from Heathrow transit lounges.”

O artigo completo pode ser lido aqui

Os ataques ao jornalismo, às fontes e as regras da máfia

Depois de saber da detenção do seu companheiro no aeroporto de Heathrow, Glenn Greenwald utilizou o seu espaço no The Guardian para descrever como soube da prisão de David Miranda, o que lhe disseram, as acções que tomou durante nove horas e como soube da libertação final. Deixou ainda uma promessa: as notícias vão continuar a sair.

David Miranda e Glenn Greenwald. Fotografia: Janine Gibson

David Miranda e Glenn Greenwald. Fotografia: Janine Gibson

“At 6:30 am this morning my time – 5:30 am on the East Coast of the US – I received a telephone call from someone who identified himself as a “security official at Heathrow airport.” He told me that my partner, David Miranda, had been “detained” at the London airport “under Schedule 7 of the Terrorism Act of 2000.”

David had spent the last week in Berlin, where he stayed with Laura Poitras, the US filmmaker who has worked with me extensively on theNSA stories. A Brazilian citizen, he was returning to our home in Rio de Janeiro this morning on British Airways, flying first to London and then on to Rio. When he arrived in London this morning, he was detained.

At the time the “security official” called me, David had been detained for 3 hours. The security official told me that they had the right to detain him for up to 9 hours in order to question him, at which point they could either arrest and charge him or ask a court to extend the question time. The official – who refused to give his name but would only identify himself by his number: 203654 – said David was not allowed to have a lawyer present, nor would they allow me to talk to him.

I immediately contacted the Guardian, which sent lawyers to the airport, as well various Brazilian officials I know. Within the hour, several senior Brazilian officials were engaged and expressing indignation over what was being done. The Guardian has the full story here.

Despite all that, five more hours went by and neither the Guardian’s lawyers nor Brazilian officials, including the Ambassador to the UK in London, were able to obtain any information about David. We spent most of that time contemplating the charges he would likely face once the 9-hour period elapsed.

According to a document published by the UK government about Schedule 7 of the Terrorism Act, “fewer than 3 people in every 10,000 are examined as they pass through UK borders” (David was not entering the UK but only transiting through to Rio). Moreover, “most examinations, over 97%, last under an hour.” An appendix to that document states that only .06% of all people detained are kept for more than 6 hours.

The stated purpose of this law, as the name suggests, is to question people about terrorism. The detention power, claims the UK government, is used “to determine whether that person is or has been involved in the commission, preparation or instigation of acts of terrorism.”

But they obviously had zero suspicion that David was associated with a terrorist organization or involved in any terrorist plot. Instead, they spent their time interrogating him about the NSA reporting which Laura Poitras, the Guardian and I are doing, as well the content of the electronic products he was carrying. They completely abused their own terrorism law for reasons having nothing whatsoever to do with terrorism: a potent reminder of how often governments lie when they claim that they need powers to stop “the terrorists”, and how dangerous it is to vest unchecked power with political officials in its name.

Worse, they kept David detained right up until the last minute: for the full 9 hours, something they very rarely do. Only at the last minute did they finally release him. We spent all day – as every hour passed – worried that he would be arrested and charged under a terrorism statute. This was obviously designed to send a message of intimidation to those of us working journalistically on reporting on the NSA and its British counterpart, the GCHQ.

Before letting him go, they seized numerous possessions of his, including his laptop, his cellphone, various video game consoles, DVDs, USB sticks, and other materials. They did not say when they would return any of it, or if they would.

This is obviously a rather profound escalation of their attacks on the news-gathering process and journalism. It’s bad enough to prosecute and imprison sources. It’s worse still to imprison journalists who report the truth. But to start detaining the family members and loved ones of journalists is simply despotic. Even the Mafia had ethical rules against targeting the family members of people they felt threatened by. But the UK puppets and their owners in the US national security state obviously are unconstrained by even those minimal scruples.

If the UK and US governments believe that tactics like this are going to deter or intimidate us in any way from continuing to report aggressively on what these documents reveal, they are beyond deluded. If anything, it will have only the opposite effect: to embolden us even further. Beyond that, every time the US and UK governments show their true character to the world – when they prevent the Bolivian President’s plane from flying safely home, when they threaten journalists with prosecution, when they engage in behavior like what they did today – all they do is helpfully underscore why it’s so dangerous to allow them to exercise vast, unchecked spying power in the dark.

David was unable to call me because his phone and laptop are now with UK authorities. So I don’t yet know what they told him. But the Guardian’s lawyer was able to speak with him immediately upon his release, and told me that, while a bit distressed from the ordeal, he was in very good spirits and quite defiant, and he asked the lawyer to convey that defiance to me. I already share it, as I’m certain US and UK authorities will soon see.”

Quando uma democracia se aproxima da ditadura

A detenção em Londres do companheiro de Glenn Greenwald – o autor dos artigos sobre o escândalo de espionagem da National Security Agency, baseados nos documentos de Edward Snowden – ao abrigo de leis antiterrorismo, levanta inúmeras questões sobre a actual liberdade de imprensa. Quando um governo de um país democrático retém por nove horas o familiar de um jornalista apenas para lhe fazer perguntas sobre a sua vida privada e apreender todo o equipamento informático que transportava, sem quaisquer tipos de provas ou suspeitas, estamos mais próximos de regimes ditatoriais do que pensávamos. Isto foi o que David Miranda e Glenn Greenwald disseram à chegada do brasileiro ao Rio de Janeiro.

Mais tarde, os dois deram uma explicação mais detalhada, aqui.