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Phantom Parrot (2023)

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Phantom Parrot (2023)

Post by bunniefuu »

[chilling, pensive music]

[Instructor]

So, on your computers today,

go up to the case dashboard.

I'm going to go to process,

end of process, it says,

add new evidence to the case.

I'm going to choose that one.

Is everybody okay?

You still may see locate source

but that's because the evidence

will be located on the phone.

Lawmakers don't understand

technology.

That's what we do.

We help them

understand technology

to be able to use in our cases.

Because my job, and I wear

this bracelet, not as a joke,

"Bring The Truth To Light."

I don't care, good guy,

bad guys,

I think we're all

good guys in the field.

Yeah, there's some different

tactics used by both sides.

But I'm telling you

I'm on the side of,

if they didn't do it,

they didn't do it,

if they did it,

they did it.

[music continues]

The National Institute

for Standards

of Technology Guidelines

that say that we have

to be minimally invasive,

it doesn't say

you can't be invasive.

It says, you need

to be minimally invasive.

We need to be minimally

invasive to someone's rights.

We shouldn't have

to overlook data

that's proven

to be known good data,

because of how we go

to collect it.

There's evidence of a crime

that exists sitting right there,

right there,

and I can't use it yet.

I'm telling you,

it's that time.

It's that time that we help

everybody understand

what this information means,

and what it could mean

to us as law enforcement

solving crime.

[chilling bassy music]

[Secretary Strong]

Terrorism Bill,

Secondary Hearing.

The question will be now read

a second time.

Thank you, Mr. Secretary Strong.

- Hear, hear.

- Madam Speaker,

despite the hope in 1974,

that the need for

counterterrorist legislation

would be short lived,

2,000 people have died

in the United Kingdom

as a result of Irish

and international terrorism,

and thousands more

have been injured.

We will have handed

the t*rrorists the victory

which they seek,

if we descend to their level

and undermine the essential

freedoms and rule of law,

which are the bedrock

of our democracy.

The Terrorism Bill

is therefore about protecting,

not threatening

fundamental rights.

[music continues]

This bill provides the police

special powers

to enable them

to prevent and investigate

a special category of crime.

These powers include

enhanced power to arrest

and detain suspects,

to stop and search vehicles

and pedestrians,

and to examine people

passing through the ports.

[subway car rattles]

[indistinct subway

speaker announcements]

[pensive music]

[music continues]

[interrogator]

The exam is now being recorded.

I just need to read

a few things to you.

You've been detained

under Paragraph 6, Schedule 7

of the Terrorism Act,

so I can question you

to determine whether

you appear to be a person

who is or has been concerned

in the commission,

preparation, or instigation

of acts of terrorism.

Whilst you are detained

for this purpose,

the questions are put to you

and your response

will be recorded on this device

to safeguard all parties

present during the examination,

and ensure complies

with the requirements

of the Code of Practice.

Do you have any objection

to this interview

being tape recorded?

[Rabbani] No objections at all.

[Man] Now, we have the first

of a series of urgent,

short, direct addresses.

[indistinct chatter]

We're delighted to have

Muhammad Rabbani,

Director of CAGE,

who's going to talk about

the insidious development

of Schedule 7 powers

to stop and search

and hold people at airports,

train stations,

and the UK's

border surveillance.

Muhammad?

[audience applauding]

[Muhammad]

Good morning, everyone.

Imagine you're stopped

at the borders

by the police who are there.

Your devices

can be taken off you.

If you're asked

for your password,

and you're also threatened

that if you do not hand

over your password,

you could end up

in prison for three months,

would you give your passwords?

I hope the answer would be no.

That was exactly what

I decided at that point.

I landed from Doha,

Heathrow Airport,

and the police,

after questioning me,

took my devices.

And they asked me,

"Give us your passwords."

Under Schedule 7

to the Terrorism Act 2000,

the government passed laws

that are very broad.

They impact on anyone

who has a concern

for protecting

confidential data.

You have no right

to remain silent.

You have no right

to say "no comment,"

or defer an answer.

You must answer every question

that is posed to you.

I had been stopped previously

coming back into the UK,

the police have taken

my devices in the past,

they've asked for my password,

and I actually refused.

On those occasions,

it didn't lead to an arrest.

On this occasion,

I was arrested.

[dark, brooding music]

[subway rattles]

[woman] Do you want to start

by introducing yourself?

My name is Ryan Gallagher,

I'm an investigative reporter.

I focus on technology,

government, national security,

and different techniques

hackers and governments

are using to collect data.

- You published a story

about Muhammad Rabbani.

How did you kind of

come to that story?

- Well, I've looked before

at the Schedule 7 Power

and the Terrorism Act,

and, I had known reporters

who had been detained

under this power,

people in the human rights

community who had also

been detained under it.

It wasn't just being used to go

after like suspected t*rrorists.

They were using it

to go after people

who were just involved in work

that the authorities

didn't approve of.

Schedule 7 of the Terrorism Act

is a power

that police or security

services can use at airports,

or any other entry

into the country.

They can do a strip search,

they can take biometric data,

they can take fingerprints,

confiscate your belongings,

interrogate you for a period

of up to about six hours.

In a normal situation,

they would need a warrant

to get that information.

But under this power,

at the border,

they don't need any of that.

And they just decide,

you know, this person,

I'm gonna stop this person.

One of my former colleagues,

Glenn Greenwald,

his partner, David Miranda,

was stopped

at Heathrow Airport,

and detained under Schedule 7.

[pensive music]

This was really a show of force

by the British government

to try and sort of

intimidate reporters

who were revealing

controversial information

about the British government's,

and the American government's

massive surveillance programs

that the general public had

no idea were even operating.

So, of course,

when Rabbani contacted me,

I was automatically just

interested to learn more

about what had happened,

given his work

in the field of activism,

and how they would use

the power to target him.

[cars humming]

[indistinct chatter]

[indistinct chatter]

[Rabbani] CAGE was formed

in 2003

in response to the t*rture

that was taking place

in Guantanamo Bay.

Its message was really simple;

charge these men

or release them.

But don't t*rture them.

It's going to take

about five minutes

to even connect, watch.

I'm going to call him,

he's going to call me back...

Actually, let me just...

Salaam Aleikum.

May the peace and blessings

of Allah be with you too.

Wow, we connected

first time, Sheikh.

First time, I didn't do once--

I have with me, Brother Anwar.

He says when he was in Doha,

he met you.

I believe we did,

he came to the camp.

[Anwar] Yeah, yeah, yeah.

[laughs]

- I was in the car

with your lawyer.

For clarity, camp here

means the tent.

Yes, the tent, our Bedouin tent.

[all laughing]

- Yeah, we don't wanna do...

Misconstrue...

Tell me this

- is my understanding correct?

If I was in a no-fly zone or

no-fly list or not welcome to

the country,

they would not

have given me the ticket

or the visa.

- So the visa was approved

by the French?

Yes.

- Inshallah, it's a good sign.

You know my flight, right, so

-Yes, we do.

I should let you know that

I have arrived, right?

- Yes, please.

- And then we'll go from there.

If I'm not out

within a reasonable time

then you can...

- Yeah, we'll make

inquiries after that. Yeah.

I'll just update you on where we

are with the interview schedule,

and also the publication date

and time.

So, Thursday is the day

when we publish the documents,

and the names

of the perpetrators.

Inshallah, nothing

will go wrong.

Yes, yes, God

willing, God willing.

We plan for the worst and

hope for the good.

- Yeah, excellent. Okay, sheikh.

[pensive music]

[man] You cannot

be a good investigator

if you do not understand

and use technology.

I have seen

how we have changed.

When I started,

I started with cloned pagers

and tapping pay phones.

Now, everything that we do

involves this.

This is the fabric of our life.

You cannot investigate anyone

or anything without this.

Suspects, predators,

what have you,

are going to do

whatever they can

to escape detection and evade.

How do we investigate it?

How do we access that data

to protect the innocent?

We'd need a specific

forensic tool

to break that encryption

for us to get that information

out of that phone.

[ominous music]

[interrogator] Obviously,

you've provided us

your mobile phone,

which is fantastic.

But you've expressed that

you don't desire to give us

your PIN code for it.

Do you understand that you must

give the examining officer

any information

in your possession

which the officer requests?

[Rabbani] Yes.

[Interrogator] And if you don't,

you may be committing

an offence

under Schedule 7

of the Terrorism Act.

[Rabbani] I understand that.

[plane whooshes]

[Rabbani] I landed

at Heathrow Airport

around 6:00 a.m.

Up until the desk

everything was fine.

The immigration officer asked

me some basic questions.

There's two officers

behind him who were

sort of plainclothes officers,

they're counter-terrorism

officials.

And I knew that I would

then be handed over

to them for interrogation.

[chilling, tense music]

[Rabbani] At the time

of my stop,

I was returning from

an investigation trip.

On behalf of CAGE,

we were investigating

allegations made

by a Qatari national,

Ali Al-Marri,

who had been

imprisoned in the US

for 12 or 13 years.

He was classed

as an enemy combatant.

Normally, when people hear

the word enemy combatant,

they associate it with prisoners

in Guantanamo Bay Prison.

Ali Al-Marri,

the unique thing

about his case is number one,

he was held on US soil,

which means he does fall

within US jurisdiction.

Number two, he was held

by US prison authorities,

and there are some duties

and rights afforded

to all prisoners,

and there's scrutiny,

accountability.

And number three,

whereas the men

in Guantanamo Bay were detained,

interrogated, tortured

at the behest of the CIA,

in Ali's case,

it was primarily the FBI.

Again, which is

a domestic agency.

He had alleged that

he was being tortured

by specific individuals.

He had names and details

of those individuals.

So, CAGE got involved

in order to try to pursue them

through the courts.

[inaudible chatter]

So our main guy, Ali Al-Marri,

he's booked his tickets,

he's flying on Wednesday,

as agreed.

So, that means in two days time,

he will be in Amsterdam.

And we want to begin

the interviews from Thursday.

The first thing to discuss

is the interview schedule.

So, CNN were suggesting that

they go live at 7:00 p.m.

and ITV would do

their news at 10:00.

And then The Guardian

can publish,

and then we can have Zeit

and everybody else.

Would that work

as a suggestion?

- No, we still have the same

problem for The Guardian

if we're not publishing

at the same time.

- Okay, how do we square that?

What's the way

to get around that?

- Tell CNN to get stuffed...

I'm joking.

- [laughs]

There were some

questions around legal,

like authority for disclosing

the material.

And I think, Andy Savage

has been in touch,

or colleagues here

have been in touch with him

and he's confirmed now,

that actually he had permission

from the prosecutors

or whoever the authorities were

that possessed the documents,

he had permission

to obtain them

and to publish them.

[ominous music]

[music continues]

[Andy Savage] I am a partner

at the law firm of Savage

and Savage,

attorneys for the plaintiff,

Ali Salah Al-Marri.

Mr. Al-Marri has been

confined in isolation

in the Special Housing Unit

at the Naval Consolidated Brig

in Charleston, South Carolina,

since he was declared

an enemy combatant

on June 23, of 2003.

Mr. Al-Marri remains

completely isolated,

and is deprived of virtually

all human contact.

Mr. Al-Marri became

increasingly paranoid

that the brig staff

were intentionally

manipulating his surroundings.

He said that he did not know

how much longer he could take

his current situation,

and feared something bad

was going to happen to him

at any time.

By early 2005,

Mr. Al-Marri told me he thought

he was losing his mind.

He says he tries to live

day to day but cannot block

the terrifying thought

that he may spend years,

even decades alone.

"I hereby certify that

the following statements

"were made by me

and that they are true."

[somber music]

[Rabbani] I've been stopped

a number of occasions.

This time it did feel

different.

I was convinced that

the police knew who I was,

and that they were actually

waiting for me to arrive.

CAGE is involved

in a very serious

investigation.

Were the police now

intruding on that?

[Rabbani] Very early on

in the questioning,

without actually going

through any substantial

interview process,

the police officers

were asking about my devices.

It was as though

they had a purpose,

and that purpose was

to confiscate the devices.

[pensive music]

[traffic sounds]

So...

So, let's talk

about the human story.

How do we best get across

your experience

and what happened?

- Then, let me ask you this.

As an audience, you,

what do you want to hear?

- Firstly, I want to know

who you are.

That's the first thing.

I want to get to know you.

Who are you?

What is your story?

What are you about?

- So, what, meaning...

I live in Qatar,

or graduating high school--

[Asim] I think all of that,

you know,

just to make you relatable

to your audience,

the fact that you had

a very kind of like,

normal, growing up,

you did very normal things.

You're not just

some kind of like,

because the thing is that

for a lot of people,

still, even now to this day,

seeing a guy with

a big beard, and whatever,

it still evokes a certain

message of fear,

and whatever else, right?

And so, you first want to be

able to relate to everybody.

And then you want to show them

how you survived something

that's very, very,

very difficult,

being an enemy combatant.

There's only three of you

in the world that this

has ever happened to

on US territory, right?

Like, it's such a unique story,

because there are only other

three people this happened to.

[Anwar] At some point as well,

we have to prepare the Sheikh

for some of the hard questions.

- For sure.

Yeah,for sure.

We'll ask some

of the devil's advocate

questions.

- It's okay.

Believe me, I've been asked.

[all laughing]

- [Asim] He's been

interrogated.

- [Anwar] We'll allow Rabbani

to be the devil's advocate.

[Ali] That's specifically

what I'd do.

[Ali] Also, I want to talk about

the effects of,

me losing the time

with my kids.

[Rabanni] That's very,

very important.

And then the sock incident

has to come out.

[Asim] Could we still say

at the first stage,

that there were FBI

and DoD interrogators?

We don't have to mention

who the FBI--

- Yes, that's the way to do it.

You tell the whole story,

everything.

But in the way you say it,

you say...

- The agent.

- "The agent."

- FBI agent.

- Now, a separate question

is going to be asked,

who did this?

Now, that one,

you will say, he is the one.

So we still got like

two other areas,

but we'll come back in.

We'll come back.

[boy] Why do we

have to do so much meetings?

[Ali] So what? So much what?

[Rabbani] Meetings.

What would you like to do?

- I want to go and play.

I want to go to the playground.

[boy] You don't know

what's happening around you.

- Very nice handwriting.

- Thank you.

[Journalist] Were you expecting

to be tortured?

[Ali] Of course.

Because I know

I was incommunicado.

They can do whatever

they want with me.

This is America.

Believe me, even though

they don't wear the hats,

they're still cowboys.

I was shackled

like iron to the floor.

They have put socks

in my mouth and taped it,

this way...

And this way.

That's coming close

to death, I guess.

[Journalist] Do you think

this was an improvised

measure on their part

to give you the

waterboarding-like sensation?

- I am assuming this

is not their first time

they have done that.

[Rabbani] Can I interject?

If you go through

the observation logs,

they note down

very specifically,

"after today's interrogation,

this is the impact

on the detainee."

"After this particular

interrogation,

this is the impact."

And then the supervising

officer saying, okay,

approve this one,

don't do this one.

Do that, don't do that.

It is very systematic.

It's being done,

monitored, observed.

And then adjustments

to the regime are made

in order to induce compliance.

[Journalist 2]

So are you certain,

sorry for me asking,

but you're certain

that they inserted

something in your mouth?

- Socks. White socks.

[Journalist 2]

You are very certain?

- Very. 100%.

White socks.

If I may, you know,

there is a tape.

[Journalist 2] Mm-hmm.

Do you have it?

[Asim] So we believe that

they have a copy

of the dryboarding incident

because they had

to show the judge

a summary of what

happened in that incident.

[Journalist 2] Is that,

I'm asking, is that abuse?

Is that t*rture?

Is that just unpleasant?

From your point of view,

not from somebody else's.

- It doesn't matter

what I believe,

doesn't matter what you believe.

See, the law is the one

that define what is t*rture,

what is not.

So, when I talk about t*rture

to the American government,

I'm holding them

to their standards,

not my standard.

In American law,

threatening my life,

that is t*rture.

Threatening my wife

to be brought in front

of me and r*ped,

that's t*rture.

When they threatened

to fake my "escape",

and then send me

to a military lab

where I can be their lab rat,

that's t*rture.

My lawyer was asking me, Andy.

He said, "Do you want us to

transfer you to Qatar or Saudi?"

I said, "Yes, of course."

I will be tortured for a day,

two, a week or two

and then finished, I am done.

But you, American,

you're cooking me

in a slow burner.

For seven years now,

I have no idea.

My family doesn't know

if I'm alive or not.

I don't know if my dad

and mom are alive or not.

I don't know where my kids are,

I don't know what I know.

This is slow burning.

[chilling music]

[Andy] Nobody appreciates

that the GTMO standards

of confinement

took place in America,

in South Carolina,

12 miles from where I'm sitting

today in downtown Charleston.

My role was to talk about

his conditions of confinement

over the past many years.

And I want to know what

the government did to Ali,

what they're responsible for,

in terms of conditions.

So, repeatedly,

month after month,

I made these pleas

to the government

to provide these documents,

and to give me access

to the videos.

I want to say,

two weeks at the most,

before the sentencing hearing,

I was given access.

[music continues]

So, we go out to the brig

and I look in the corner,

and there's a stack of books.

Old-timey government books.

The handwritten notes

of what the DIA and FBI,

when they were there,

who was there,

how long they were there,

and the conditions

that they left behind

for the military members

to carry out.

Take away his glasses,

take away his bedding.

Take away this,

take away that,

do this, do that.

All were directives

of the DIA and the FBI.

[music continues]

Unbelievable.

I mean, just unbelievable.

[chuckles] A treasure trove.

I said, "You sure that

it's okay for me to have that?"

He said, "Ms. Boltus

said you could have

anything in this room."

I said, "Well, thank you."

They helped me Xerox it.

The members of the brig staff

Xeroxed it for me.

[tense music]

I'm absolutely convinced

they had no clue

because of sheer laziness

and arrogance

on the part of the Department

of Justice what I had.

[music continues]

[Andy] The rules of professional

responsibility are,

my file is not mine.

It's my client's.

After he was released,

I sent them to him.

[Rabbani] When the police

officers were threatening

me with arrest,

I had just spent several days

with Ali Al-Marri in Doha,

taking testimony

and building his case.

I would imagine that

it was a very deliberate stop.

It was targeted.

They wanted access

to the devices.

[eerie music]

[interrogator] Sergeant 166422

entering the room.

Mr. Rabbani?

[Rabbani] Yes, sir.

The time of this review

is 8:17.

Your stay here will be

no longer than six hours.

So, at 12:30, you will be done.

But the examining officers

have said to me

that you're not giving out

your PIN number.

All I'm asking you,

I'm not telling you

to do anything.

All I'm asking is you give

that further thought.

[Rabbani] Was it that they

were acting at the behest

of the American government?

The information that I was

in possession of

would implicate serving

and former FBI agents

in t*rture.

US prison documents that placed

particular FBI agents

at the prison during the times

that he was interrogated.

And if this information came out

in the public domain,

then it would cause

serious reputational damage

to one of Britain's allies.

And that's why they were

not really interested in me.

They were just interested

in my devices.

[pensive music]

[indistinct crowd chatter]

[man] Alright, so,

I'm going to show you

how to do a collection

using my own data.

I'm not going to collect

my Google activity,

just because I don't want you

to see my Google activity.

I don't need you to know

that I'm a g*n nut

that goes to the range

every weekend,

and buys more ammunition than

my wife would possibly allow me.

I'm not going to collect

passwords, but they're there.

Even if I delete them

from my device,

even if they're no longer

on my device,

even if I take that device

and throw it in the ocean,

the saltwater destroys it,

it's still here, okay?

I'm a big fan of collecting

as many passwords

from the people that are

my target as possible,

because let's just be honest,

if I can get a couple

of three or four

passwords for you,

generally speaking,

I'll be able to guess

your password

or at least be able to limit my

brute forcing of your password

down to even shorter, right?

Okay.

Google Timeline locations.

Google Timeline.

This is where it starts

getting a little spooky.

Because I've never actually

used Google to check in anywhere

in my entire life,

because I don't

use it like that.

I don't want people to track me.

I don't need people tracking me.

I'm a retired law

enforcement officer.

I don't want people

coming to find me, right?

I went to a meeting

at this place.

Notice that the map just

turned sideways like 3D, right?

It didn't just put me

at the location,

it basically put me

in the room at the location.

That's how good

the satellite was there.

I wasn't in this room.

I was in this room.

But my goodness,

is that close.

On the right floor even.

[cars humming]

[woman] You were involved

in probably the biggest story

in the government

surveillance field.

[Ryan] Yeah, for people

who don't know,

Edward Snowden was,

he worked with the National

Security Agency in the US,

and before that the CIA.

And he basically leaked

a massive trove of top secret

documents that revealed,

really for the first

time in history,

the full scope of what

this agency was capable

of doing.

And not just the NSA,

but also, the NSA's

closest allies,

like the UK, Canada,

New Zealand and Australia.

[dark, brooding music]

A portion of the leaked

Snowden documents

were secret British

government documents

showing what British

intelligence agencies

were doing.

What we found was,

a whole secret system

where they would be stopping

thousands of people

under the Schedule 7

Terrorism Law

and downloading everything

that was on their phone.

And they called this system,

Phantom Parrot.

[music continues]

[Ryan]

This Phantom Parrot document

was fascinating because

it actually explicitly said,

people who were having

their data downloaded,

wouldn't be notified of that.

[music continues]

They do what they call tasked

and untasked stops of people

under this power.

Untasked is like basically

an arbitrary random one.

Tasked means they've

got some intelligence

on this person in advance,

and they know they're coming

into the airport at this time,

on this flight, and they want

to do an examination.

[music continues]

[Rabbani]

Your rights are violated,

and your liberties taken away

whilst you're not

under suspicion.

Once you stop 50,000 people

on average each year,

over a period of 10, 20 years,

that's a huge amount

of information.

[Ryan] I knew that when

they were taking

people's phones or computers,

that they would be obviously

maintaining a copy

of that somewhere,

that they'd be sending

it somewhere.

But what I discovered was

that the copies were actually

being processed,

you know, at the airport,

or wherever the data

was taken at the time.

And then they would ship it off

every month or so to GCHQ,

the British surveillance

agency.

[tense music]

GCHQ would then store all

of this on a central database,

which is like this massive

repository of data

taken from the top secret

programs

that they were operating

to monitor communications.

The documents that we've seen

said that their system

had more than a billion

records,

copies of text messages,

phone records,

so like logs showing who

you called and at what time,

and also it said

financial records as well.

And what they would do

with that information

is basically just use it.

Probably the easiest way

to describe it is like

a secret Google search engine

where they can put in

a phone number, maybe a name,

and then get all

the connections

associated with that.

Say, a thousand other numbers

that that person has been

in contact with,

and they can do like

link analysis between like,

who's this person

in touch with,

and at what time?

And maybe they can even see

the content of a text message.

So, this is an extremely

detailed portrait you can get

of an individual

through this massive system.

[music continues]

[phone chimes]

[music continues]

[mouse button clicks]

[man] Alright, so,

everything in this class

that I tell you

is what you can do.

Not what you have permission

to do.

Any way you can get it,

now whether or not you can

use it is a different story.

That's the legal, let them

fight it out in the court,

that's what they do.

But you not collecting it,

once it's gone, it's gone.

Some people can't get

their legal teams up to par,

where they understand

how the legalities or the laws

have updated.

And some of the laws

just haven't updated.

Who changes the laws?

We do.

You also vote,

you have influence

on others who vote.

Even if you don't have

the legal ability to collect

from a warrant,

you do have the ability,

nobody can stop you

through consent.

We have a very

liberal state, Texas.

We have the ability

to pull a lot of data,

we have warrants that allow us

to go out and grab it.

Consents are not even a problem.

You could write consent

on a paper napkin in Texas,

and it's usually

pretty good, right?

We do a lot of verbal

interviews too

where we get them

to consent on tape.

So, I would say to you,

start thinking outside the box

if you're not already.

[water rushing]

[Ryan] At the time

the Terrorism Act was created,

you didn't carry a lot

of information with you

because the devices

you had were so limited.

The potential for them to take

such an intimate copy

of your life from you,

that was not really envisaged.

There were some people

who were scrutinizing the law,

who did sort of try

and look into the future

and say, well, what if,

and raised these

type of questions,

but it wasn't really addressed.

[somber music]

Now, these are powers that

are capable of being misused,

and most powers that

are capable of being misused,

will be misused.

Extending the rights

to stop and search,

to enter premises,

for arrests without warrants,

for the seizure of documents.

There are parts of this bill

which make it quite clear

that it will be the arrested

person's obligation

to prove their innocence.

And that is a complete reversal

of one of the central tenets

of the judicial system

within the United Kingdom.

Those are measures that will

actually severely restrict

the role of investigative

journalists,

and it could actually

have quite a serious impact

on the freedom of the press.

So, what it could achieve

is instead of making our society

more secure,

it will actually make it

more secretive.

[music continues]

[inaudible]

Wa-Alaikum-Salaam.

So to start, I just wanted

to confirm with you

that Rabbani is going

to try and get a quote

from Andy Savage in the report,

and the report is just getting

the last minute changes

done to it.

- What Ali Al-Marri maintains

is that he was abused

by federal agents,

he names them.

And there are documents

that back up his story;

who was there, what happened

to him, how he was treated.

Download our report that details

and makes available

over 35,000 documents

that list and log and confirm

many of the allegations

that Ali has made.

[inaudible]

[woman 2] Guardian's published.

- What?

That's a nice picture

of Ali Al-Marri.

[woman 2] It's a nice picture,

it's not a nice headline.

"t*rror1st held

for over a decade...

"calls for FBI to be

held accountable."

I mean, really?

The headlines are quite bad.

[man 2] It's not that bad

actually.

When you get further

down into the story.

[woman 2] Yeah,

if anyone bothers.

[man 2] What's wrong

with the headline?

[woman 2] "What's wrong

with the headline?"

- "He's a convicted

sleeper t*rror1st,"

in the first paragraph

- That's a fact, isn't it?

"Sleeper" is in quotes

[woman 2] Now backed by UK

advocacy group, CAGE.

Oh, no...

[pensive music]

[Andy] Against my advice,

he entered a guilty plea.

I was so incensed

by the way he was treated,

I wanted to challenge them

in the courtroom,

not only for Ali,

and perhaps I should

have confined my interest

strictly to Ali

but I thought this was

so offensive conduct

by the American government,

let's put it on the record

with legitimate evidence

what this antiterrorism

movement in the United States

was all about.

But from Ali's perspective,

an admission of wrongdoing

gave him an assurance

of the end of this chapter

of his life.

And I respect that.

I don't like it.

You know, I was in the military

from 1968 to 1996,

I'm not some kind of wacko

on the edge of, I hate America.

I love America.

But America to me

is not abusing the power

that you're given.

[somber music]

[interrogator]

Recording device

is switched back on.

Can you confirm that whilst

the device was switched off,

that no further questions

took place?

[Rabbani] Yeah, I can confirm

no further questions

took place.

[interrogator] Now, I gave

you a public information sheet

at the beginning

of the examination outside,

and the bit I want

to draw your attention to is,

"And you can be required

to provide the login

information."

That means the PIN numbers

and the passwords.

[Rabbani] Yeah.

[interrogator] Can you explain

why you have not cooperated,

and do you understand

that you've committed

an offense

and are liable to arrest?

[Rabbani] I understand that.

[interrogator] So basically,

you've committed an offense,

so you are now under arrest

for the offense.

[tense music]

[interrogator] Okay, I'm going

to switch the tape off.

[tape clicks]

[Detective] Okay.

This interview is

being tape recorded.

My name is

Detective Constable [redacted]

and I'm from

the Counter Terrorism Command at

Metropolitan Police.

My colleague here is...

- I'm [redacted] and I'm also

a detective with

Counter Terrorism Police.

- And we're in an interview room

at Heathrow Police Station.

Can you state

your name for me please?

- My name is Muhammad Rabbani.

- And also present is...

- Gareth Peirce, solicitor.

- Mr. Rabbani, I have

a bit of a thick accent,

and I speak quite

quickly as well sometimes

so if there's anything you

don't understand, just stop me,

slow me down, or ask again.

I can make it a bit clearer

for you.

- It's completely fine.

- Good, good.

I understand that you haven't

been arrested before,

is that right?

- Yep.

- This is different from this

morning's process, because

you've now been arrested.

So, you now have the

legal right to say nothing.

And your arrest led out of

a Schedule 7 port examination

and questions were put

to you in that examination

which you didn't give answers to

and the offense

is complete when

you don't answer questions

that are given to you.

Are you clear that under

Schedule 7 of

the Terrorism Act 2000

you are required to give answers

to those questions about

electronic passwords?

- I have no comment.

- Did you understand that

requirement of you this morning?

- I have no comment.

- Do you have

any problem with...

Do you require a translator?

You speak English very well

from

what I understand,

is that correct?

So you were aware...

You weren't unaware of what was

being said to you this morning?

- No comment.

- Thank you.

The officer this morning is

trained in extracting electronic

data from devices

and you had with you an Apple

iPhone 6S Plus, is that correct?

- I have no comment.

- He says that you placed

that Apple iPhone on the table

during the examination.

Do you remember

doing that, Mr. Rabbani?

- I have no comment.

- He said that you then said

that you didn't want to

volunteer the PIN.

Do you remember that?

- I have no comment.

- Why did you not

want to volunteer the PIN?

- I have no comment.

- I understand your solicitor

has a prepared statement.

- So, this is what Mr. Rabbani

would wish to say.

It's a summary of the position.

"I've been

repeatedly stopped at airports

under the provisions of

Schedule 7, Terrorism Act.

The process is intrusive

and I have taken up the issue

with police and intelligence

services

as well as my

Member of Parliament.

On a number of these occasions,

my telephone and laptop have

been referred to in questioning

and I have been

asked for passwords.

My reply has on all occasions

been to reiterate

that I believe the repetition of

the process to be a breach of

my rights

under Article 8 of the European

Convention of Human Rights,

and on each occasion police did

not press further for

the passwords.

On this occasion, however,

I was arrested when I declined.

There is nothing unlawful

on either device.

I've been happy to comply

with the procedure generally

but I know

that the contents of my devices

affect the privacy

and confidentiality of others

including the fact that my work

is in large part to do with

vulnerable people

who've placed their trust

in me and my colleagues.

I ask that the contents of

the devices be neither stored

nor disseminated further

after inspection and

confirmation that they contain

nothing to justify retention."

- Thank you.

- I will copy that outside the

interview room and give you...

- If we could get a copy,

we'd be grateful, thank you.

- I just want to ask you a few

questions around this,

Mr. Rabbani,

and I respect the right

that you've decided to choose

no comment.

Can you tell me about how many

times you've been stopped at

ports and airports?

- I don't have any further

comment, everything's in

the statement for now.

- Thank you.

[tense music]

[music continues]

[music continues]

[music continues]

[Corbyn] My worry is that

the legislation that I suspect

the House is going

to pass tonight,

shifts the balance away

from the prosecution

to prove the guilt

of an individual,

and it shifts the burden

onto the individual

to prove their innocence,

which is obviously

something that's extremely

difficult to do.

I have seen the effect

of miscarriages of justice

by crudely formed legislation

to deal with terrorism.

I'm not in any way

in favor of violence,

any way in favor of terrorism,

but you don't defeat

those problems

by imprisoning the innocent.

And, I do suggest

that this legislation

is not going to do us any good,

and we're going to be back here

discussing it again

in the very near future.

I will join my friend,

the member for Hayes

in opposing this bill.

[speaker] Charles Clarke.

[Clarke] While it is our duty

to maintain the rights

of those individuals

under the rule of law,

it is also our duty

to maintain the rights

to the very existence of life

from the threat which

international terrorism poses.

That is why this bill

is here tonight.

That is why I hope

my honorable friends

will support it,

that is why I'm grateful

for the support

of the official opposition,

and I commend the whole

of this bill to the whole house.

[MPs] Hear, hear!

- Division, clear the lobby.

[tense music]

[speaker] Order, would honorable

gentlemen please take their...

take their seats?

Order! Order!

- Ayes to the right, 210.

Nos to the left, 1.

[laughter]

- Order.

The ayes to the right, 210.

The nos to the left, 1.

The ayes have it, unlocked.

[tense music]

[presenter] Our next speaker

is Gareth Peirce.

Gareth is a leading human

rights lawyer who has been

fighting against unjust laws,

and the criminalization

of communities

that started with

the Irish community,

and continues with the targeting

of the Muslim communities.

Gareth.

- Thank you very much.

Ironically,

in this 21st century

we still have the concept

of the nation state,

that the state protects us,

therefore, we owe

the state our loyalty.

We haven't achieved between us

in the world nation states

that police each other.

Instead, with rare exceptions,

they're complicit.

And the law has been

largely useless

in the face

of state criminality.

Rendition, t*rture,

were not topics that

we ever thought we would be

familiar with debating.

How could this be?

This is not what is done.

This was outlawed

centuries ago.

And yet we were doing it,

and we're still doing it.

This slippage

in ability to react,

not just to injustice,

but to state criminality

sustained and perpetuated.

In a way, we get numbed,

we get calloused,

and our ability

to be shocked diminishes.

So, this message

is a bleak one,

but to say the capacity

to be shocked is important.

[dark, brooding music]

This is an enormously

restrictive, coercive power,

a form of arbitrary detention.

It affects hundreds

of thousands of people

each year.

It is affecting entirely

disproportionately

the sense of safety

and wellbeing

of Muslims who travel,

absolutely no doubt about it,

expecting journeys

to be interrupted, or worse.

You know, this case

has brought to our attention,

the fact that some people

it's clear aren't traveling

because of their concerns.

I know that you said at least

one person had come to CAGE

who had been traveling

with a laptop,

to do with work, to do

with a significant corporation

and gave up

their firm's secrets.

[Rabbani] Because the police

made it clear that if you

refuse to,

you could be arrested.

And they say, you know,

that could land you

with a conviction

so it's all done

in a very intimidating way.

- They say you've got to,

and if you don't...

- Yeah, there'll be penalties.

- I think a lot of people

think,

but you should have said

it was someone you'd seen

in Qatar who'd been tortured,

and you know, if you explain

that to the officers,

what would they have done?

We know from experience

that the next logical thing

they'll do

is ask about that man.

And they'll ask

everything about him,

everything about your work.

And each time

you refuse to answer,

you run the risk

of committing an offense.

Hence, my thing was

just close it all down,

without saying I'm not going

to answer, I was answering

but I'm not opening up

any avenue of

what I've been entrusted with,

just as I had landed.

- The rightness of the action

is absolutely clear as crystal.

Clear as crystal.

[somber music]

[Rabbani] The human impact

of being told

you're a criminal.

And not only that,

one of the worst

accusations you can face

in modern times

is the accusation of terrorism.

You will suffer huge

reputational damage.

Whenever you apply for a job,

it will always be there.

There'll be repercussions

for your banking.

Every time your name

is mentioned,

it'll be mentioned

in association with this label.

[music continues]

And what if I do go to prison?

What's going to happen

to my family, my kids?

My son goes to school,

someone asks him

about his father,

and he says he's in prison.

Then he has to explain,

why is your father in prison?

Next week, I, Muhammad Rabbani

may be sent to prison

for my belief in the right

to privacy

and source protection,

for refusing to hand over

passwords to my electrical

devices at the airport.

I have not been suspected

of a crime,

nor have I been accused of any.

Yet, I'm being threatened

with three months in prison.

The border power

that I was held under

is an example

of how the balance

between national security

and commitment to human rights

is totally misaligned.

Such an unwieldy

and draconian piece

of legislation

is actually only one example

of an underlying logic,

which is characterized

by precrime, inconsistency

with the rule of law,

discriminatory application,

disproportionate force,

and counterproductive outcomes.

The role of states intruding

on the private life of citizens

has always been contentious.

States will always want

to consolidate more

and more power,

thus eroding power

from their citizens.

The state has a responsibility

to keep its citizens

safe and secure.

However, there must be

security and privacy,

security and digital rights,

security and freedoms.

I urge all member states

and policymakers

to think about where

we have reached as a society

when an innocent man

can be sent to prison

for a password.

My case goes

to the heart of that debate

between security and liberty.

Can and should the law

allow police officers

to gain access to all

of our personal records

and their professional records,

confidential information,

location data, going back,

you know, maybe years,

even though there's

no suspicion of any wrongdoing,

even though there's

no accusation of any crime.

I felt that there is

a moral duty upon me

to assert my innocence.

It's something

any conscientious person

would do, should do.

Especially someone like myself,

who's leading an organization

that's supporting

vulnerable people,

to stand up for the fact

that the law

is absolutely wrong on this.

How is that point

going to be made

if I don't actually assert

that case in court?

[imam] Allahu Akbar.

Allahu Akbar.

[Rabbani] In her final

concluding statement,

the judge attested that

she believes that I'm a person

of good character,

and I was in possession

of confidential information.

But their hands were tied,

and she had to find me guilty.

It wasn't a prison sentence.

It was a conditional discharge.

But I now find myself

in this strange situation

where I'm actually guilty

of committing

a terrorism offence.

There was always the possibility

of a negative outcome,

but the judge's and

prosecution's acceptance

that at no point was

I under suspicion

highlights

the absurdity of Schedule 7 law.

There are important implications

for our collective privacy,

as Schedule 7 acts as

a digital strip search.

We will be

appealing this decision

and we have won

the moral argument.

Thank you.

[crowd cheering, applauding]

I believe that I took

the right position,

protecting the rights

of a t*rture survivor.

And probably, in the future

when the political climate

has changed,

people will look back

and think actually,

that was the right thing to do.

In court, the police officers

who arrested me

tried to say that

it was a random stop.

But the judge managed

to get it on record

and they admitted that this

was a deliberate targeted

intelligence-led stop.

They were determined

to try and get the data.

[somber music]

[presenter 2] A lot of people

are worried

about the government.

Some individuals believe

that the government shouldn't

have access to anything,

it's we the people.

But I'm telling you this,

we are looking for specific

information involving a crime.

If it's a fraud let's say

or a financial case,

I might be looking

at your financial apps,

I might be looking

at your Bank of America app,

your cash app, Venmo,

I might be looking

at your cryptocurrency wallet.

I am not looking

at your personal photos.

Quite frankly,

if it's not evidence,

we really don't care about it.

It's funny is that,

we talk about privacy,

and we talk about well,

we don't want law enforcement

to have access to information,

we want to be privacy,

yet Amazon can tell you

the last two minutes

of what your last conversation

that you had in your kitchen

on Amazon Alexa, right?

Now, we have

the Internet of Things.

So, you can go

from your Nest camera

to your Ring doorbell camera.

By the way, where's all

that information going?

[music continues]

We worry about law enforcement,

but we're being tracked

no matter what we do.

Whether it be Amazon,

whether it be Facebook, Google.

All those are tracking

everything that we do.

The amount of data

and the amount of information,

who has that information?

What is that information

used for?

[rustling wind]

[indistinct chatter]

[speaking in German]

On the back is where the

microcontroller goes on it

and then in the front here go...

three resistors, a capacitor and

two Zener diodes and that's it.

That's all it needs.

- Today, I'm going to talk about

Behavioral Biometrics

and how it relates to and

clashes with our privacy.

Behavioral Biometrics reveals

much more about us than mere

identity

especially with eye movements

for example, someone could

discern your sexuality

similar to where you 'like'

things on Facebook, but without

even clicking a button

because you do

it more subconsciously

and it's very difficult to hide

what you wanted to look at.

Another important body movement

is gait recognition.

In fact, this has a few

advantages over facial

recognition

because it's

much harder to hide.

From speech, you can understand

which country someone is from,

their socioeconomic background,

and whether they are educated or

uneducated

or what emotion they're feeling

in that moment.

Of course, that is very

interesting from Mark's

point of view

because he might be

able to sell us something.

Facebook has announced they are

going to build the Metaverse

to create virtual

characters and avatars.

For this, you will need a lot of

data, and new types of data

that we don't have yet.

The way this technology is

developing, more and more data

will be captured in the future,

and because these AR/VR

devices are worn permanently on

the body,

they are constantly recording

data from the wearer and

their environment.

Now, I would like to look

a little bit into the future.

That could be

odor identification.

For now,

I think the technology is

still not quite good enough

but it's one to keep an eye on.

But there are

initial studies showing

that it is possible to predict

people's intentions,

what they'll do next

and how they might behave.

[heavy thunderstorm]

[crowd murmur]

[Policewoman]

This is the SIM card.

Vodafone.

So, there are two SIM cards.

[Rabbani] Don't even remember

any of these things.

- There's a SIM card.

USB Drive.

- I remember these.

- Yeah?

Phone, and of course,

the laptop.

It wasn't with a charger

or anything, no?

- I don't think it was.

- All right.

So if you just sign

underneath there.

That's it.

So, I'll make a copy of that.

- Okay, great.

- You can put all those

together.

- Thank you very much.

- And finally,

after all this time.

It was a big deal

when this came in.

- See, I don't remember

half these...

This I think is my tails...USB.

I remember that.

I forgot about that sticker.

Representing Tor.

I've been told

I shouldn't open it.

As soon as you open it,

you power it up.

So we don't want to do that.

We're just gonna leave it.

And my colleagues

from the information security

company,

those guys will open it,

and they'll be able

to figure out what's gone on.

Thanks a lot,

I really appreciate that.

[pensive music]

[Rabanni] So, here I am

speaking to you,

proudly, as a convicted

t*rror1st.

If it's a crime to protect

the privacy of others,

if it's a crime to protect

the confidentiality

of vulnerable people,

then Alhamdulillah,

I'm proud to be

a convicted t*rror1st,

I'll do it again.

The judge knew

I was not a t*rror1st,

you know I'm not a t*rror1st,

I know I'm not a t*rror1st.

But the problem is the law

made me into a t*rror1st.

Everybody possesses a heart

and your heart has a feeling

called compassion.

You need to act because

you care for other people,

not because you have

some ideology,

or some agenda

or some political interest.

Forget all that.

There are people

and they need help.

Many people came before us

who've gone through oppression

and difficulties and all that.

They endured, they survived,

they came out the other end.

Yes, there are many challenges,

but every challenge

has a solution,

every challenge

can be overcome.

So take it easy,

don't become too emotional,

don't let it get to you, okay?

There will always be a way out.

Inshallah.

I'll leave it at that.

[audience clapping]

[music continues]

[music continues]

It is one of the darkest

periods

in America's post-9/11

national security policy,

government-approved

enhanced interrogation,

aka, t*rture.

Few detainees have told

their stories publicly

but one, Ali Al-Marri,

is now coming forward

and alleging t*rture

by other arms

of the American government...

[music continues]

[music continues]

[somber music]