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[ISN] Whistle while you work
http://www.guardian.co.uk/theguardian/2008/feb/23/internet.usa
By David Leigh and Jonathan Franklin
The Guardian
February 23 2008
A secretive Swiss bank landed an apparently novel censorship blow
against the internet this week. Anyone who tried to call up
wikileaks.org, a global website devoted to publicising leaked documents,
found themselves frustrated. The site simply wasn't there any more.
The Julius Baer bank in Zurich succeeded in hamstringing the shadowy
individuals behind the website by the simple trick of moving not against
them, but against a US company that hosted their domain name.
Dynadot, the California resellers who collect a few dollars by this
internet trade, submitted to a legal injunction ordering the name to be
deleted. Yet however wise this scheme may have appeared at the time to
the Swiss bank's Los Angeles lawyers, Lavely & Singer, it has now
backfired in a big way.
The injunction blew up a gale of debate about internet freedom, and
sprayed the bank's secret documents all over the net. It has also thrust
into prominence an obscure group of dreamers and programmers who want to
provide what they call an "untraceable and uncensorable" leaking
machine, to be used by dissidents worldwide.
Those behind Wikileaks include Tibetan, Chinese and Thai political
campaigners, an Australian hacking author, and Ben Laurie, a
mathematician living in west London who is on the advisory board.
Wikileaks is not the first site of its kind. John Young, a New York
architect, has been posting leaked intelligence documents on his
Cryptome site for some years. But since its launch in late 2006,
Wikileaks has had an impressive record.
When Northern Rock collapsed last autumn, print media in London were
gagged by a judge's order from re-publishing its leaked sales
prospectus. It was Wikileaks that kept the prospectus before the public,
along with the text of some threatening "not for publication" letters
from the British lawyers, Schillings.
In the US, Wikileaks also made headlines last November with the
publication of secret documents, including the 238-page manual Standard
Operating Procedures for Camp Delta, a document that even the US
military grudgingly admitted was genuine. The Guantnamo document,
including descriptions of everything from transferring prisoners to
evading protocols of the Geneva convention, was a comprehensive guide to
day-to-day operations at the controversial prison.
Wikileaks landed an even bigger coup last August with a previously
secret 110-page draft report by the international investigators Kroll,
which revealed allegations of massive corruption in Kenya. The family of
former Kenyan leader Daniel Arap Moi were reported to have siphoned off
more than 1bn.
The reason Wikileaks has now enraged the Zurich bank is that pages have
been posted detailing the bankers' most intimate trade secret: the way
they hide the funds of their ultra-rich international clients in
offshore trusts. This sort of material is very hot stuff. In Germany,
the federal intelligence service recently paid an informer almost 4m for
a disc containing similar details from a Liechtenstein bank. That led to
raids on hundreds of suspected tax evaders, the disgrace of prominent
businessmen, and a diplomatic collision with the tiny tax haven.
The person Baer describes as a disgruntled former employee at their own
Cayman Islands office has similarly made off with a large quantity of
internal records. A handful of these have made their way on to the
Wikileaks site, which advertises that individuals can leak with the
confidence they won't be discovered, thanks to the site's cryptographic
protection.
The files tell some interesting stories. One of Margaret Thatcher's life
peers allegedly salted away more than $100m (50m) in a secret trust, for
example. The late Lawrence Kadoorie, a Hong Kong millionaire, was
ennobled in 1981 by the former British prime minister. He had built up
the family's fortunes through China Light and Power, which provides Hong
Kong with its electricity, and through a chain of hotels. According to
the files, the Baer bank ran an anonymous company, registered in the
British Virgin Islands and called Seneford Investments. A nominee
director was based in a second tax haven, the Cayman Islands. But the
real owner of Seneford Investments, it is claimed, was Kadoorie's family
trust. In 1998, the documents listed six bank accounts for the company,
in Switzerland and elsewhere. They held a total of $113m. There is no
suggestion that this was illegal.
Kadoorie's son, Sir Michael, who still has major interests in the Hong
Kong companies, did not respond yesterday to invitations from the
Guardian to comment.
The other bank records posted by Wikileaks describe equally elaborate
structures husbanding millions of pounds for Spanish financiers, Greek
ship-owners, Chinese expatriates and wealthy New Yorkers. Although the
leaker hints that tax frauds and bribery may lie behind some of these
other accounts, he does not give enough detail to provide proof.
Wikileaks itself admits that some of the documents might be fabricated,
and the whole affair might have only been seen as a curiosity, had the
Baer bank not called in their lawyers. The federal judge Jeffrey White
in San Francisco not only ordered removal of the domain name, but banned
further circulation of the documents. As a result, they reappeared on
Wikileaks "mirror" sites, hosted in the UK, Belgium and the Christmas
Islands. It even transpired that the deleted main Wikileaks site could
be accessed, slightly less conveniently, by using its IP number
(88.80.13.160) instead of the domain name.
Bloggers, online columnists and websites decried the bank's move as they
launched a counterattack and lobbied in favour of Wikileaks' right to
anonymously publish secrets. Less than a week after the court decision,
a Google search for the court case turned up 69,000 hits. Four hours
later, the tally was 78,000.
A further hearing on February 29 may well overturn the original
decision.
The Zurich bank says: "It was the sole objective of Julius Baer to have
legally protected documents removed from Wikileaks. We brought legal
action against the website only after our initial efforts proved
unsuccessful. In the course of taking such action, the bank has been
made the subject of serious defamatory allegations. Such allegations are
based on forged and stolen documents and are unequivocally denied. We
have always sought to act in the best interests of our clients and shall
continue to do so."
Who are Wikileaks? Although the project makes a feature of the anonymity
of its volunteers, the minds behind it are not hard to find. One
prominent driving force is Julian Assange, a much-travelled Australian
programmer and author who has a flamboyant mane of silver hair. Before
riding his motorcycle across Vietnam, he co-wrote a book about computer
hackers.
"He's a pretty standard modern geek with a thing about dissidents," says
the British encryption expert Ben Laurie, who advised the group on
encryption. "He's quite techie and he can write code."
One of Assange's early schemes was to develop what he called "deniable
cryptography". The idea was to help dissidents resist giving away
secrets under torture. Texts would be encrypted in layers, so that even
if a victim were forced to reveal a password, the torturer would not
realise there was a second layer of information, hidden by a second
password.
Assange then turned up in London and proposed the Wikileaks scheme for
"an open-source, democratic intelligence agency". Laurie said: "I
thought it was all hot air at first." But he became enthusiastic. He
advised on an encryption system, first developed by the US Navy, which
uses a chain of three separate servers, and ensures leakers can post
documents anonymously.
Laurie is an international consultant on internet security. Earlier he
set up a business that bought two military bunkers, at the abandoned US
base at Greenham Common, and at an old RAF radar station in Kent. His
company rents them out to firms and banks who want to protect their
servers from attack. The Kent bunker is deep underground: "The radar
operators were supposed to survive 30 days after a nuclear strike."
Some of his subversiveness may have rubbed off from his father, Peter
Laurie, who wrote a cult book in the 1970s called Beneath the City
Streets, which traced networks of secret government bunkers and tunnels.
Fresh off a flight from Washington, he answers the door to his rambling
house in Acton in bare feet, and willingly explains why he approves of
Wikileaks, while pointing out he is not personally responsible for any
of their legally controversial deeds: "I have a long-term interest in
privacy on the internet. It provides enormous opportunities for
surveillance and this is not a good thing. Also, this is an interesting
technical problem: how do you reveal things about powerful people
without getting your arse kicked? Whistleblowing is a practice which
should be encouraged.
"I'm really quite surprised at Wikileaks' success. They've done a lot of
interesting stuff. It seems people are prepared to take the risk."
Another member of the advisory board is an American former draft
resister, CJ Hinke. Speaking from his home in Thailand, he said:
"Wikileaks is a decentralised phenomenon, and that means there are
volunteers in dozens of countries. These volunteers form a very loose
network so that, in fact, government can't home in on anybody and take
drastic action against them."
In Thailand, Wikileaks has focused on efforts to block access to
websites critical of the government. "The minute Wikileaks was
announced, we sent them a huge trove of secret documents," said Hinke,
founder of Freedom Against Censorship Thailand.
The documents included detailed lists of blocked sites, including all
references to The King Never Smiles, a book published by Yale University
Press. "Ordinary people come across things that governments or companies
or individuals would prefer to keep secret. I think it is possible for
almost everybody to expose these kind of events."
The wikileakers share the same belief in the "wisdom of crowds" that
lies behind Wikipedia, the online encyclopaedia. Their theory is that
their leaked documents will be self-verifying, thanks to the scrutiny of
thousands of pairs of eyes. Some may wonder whether it's quite as easy
as that.
Laurie cautions that Wikileaks' vaunted encryption is not completely
unbreakable. Codebreakers such as the US National Security Agency could
probably crack it, he says. "If my life was on the line, I would not be
submitting [documents] to Wikileaks."
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