Tango down the Ministry of Justice – ICO next?
It was bank holiday Monday yesterday, so I didn’t spend all day in front of the computer. But I got a file from the Ministry of Lulz – it was the TangoDown http://www.justice.gov.uk graphic.
When and why, I asked; and was pointed at Saturday’s Anonymous message of support for Julian Assange.
I also received a copy of legal counsel concerning the Information Commissioner – so I started work on an article.
But it was bank holiday Monday; so I didn’t rush – and got overtaken by events. In the early evening I got another message from the Ministry of Lulz: ‘justice.gov.uk is down for last 2 hours’.
So in some senses my draft story became irrelevant – but I’m pasting it below anyway. Now, however, it is an explanation for downing the Ministry of Justice – and perhaps a warning for the Information Commissioner. Here it is…
The voice behind The Ministry of Lulz is Winston Smith (named after the hero of Orwell’s 1984). The problem with this association is that the fictional Winston Smith was lured into joining a secret organization determined to bring down the Big Brother government. That secret organization clearly translates to Anonymous. But the fictional recruiter (O’Brien in the novel) turns out to be a government agent (Fed) – and Smith is betrayed. In real life, Smith was ‘recruited’ into Anonymous by ‘XX’. Smith must hope that life doesn’t mirror fiction too closely.
The Ministry of Lulz would appear to have two immediate targets in the UK: the Ministry of Justice and the Information Commissioner. Smith sent me a ‘TangoDown’ graphic. It names ‘www.justice.gov.uk’. Asked why, he pointed to the Anonymous video that was posted to YouTube on Saturday. It’s a message of solidarity with Julian Assange following the failure of his High Court plea to prevent extradition to Sweden – from where, suggests Anonymous, there is little doubt that he will rapidly be extradited to the USA.
This second extradition would seem particularly likely following the recent publication of Parmy Olson’s new book, ‘We are Anonymous’. A small section of this book is reproduced on John Young’s Cryptome site (it seems to be the subject of a takedown notice from the DtecNet Anti-Piracy Team but was still available at the time of writing this). In this book, Olson (the London bureau chief for Forbes) states very clearly that “Assange and q appeared to want LulzSec to try to grab the e-mail service of government sites, then look for evidence of corruption or at least evidence that the government was targeting WikiLeaks.” While proof of nothing, especially since FBI-informant Sabu was involved, the suggestion of involvement in a conspiracy to attack government sites merely makes the probability of extradition from Sweden to the USA more likely.
With the tango down graphic I also received copy of a legal opinion on the ICO. The UK’s Information Commissioner’s Office is likely to be targeted for what the Ministry of Lulz considers to be corruption. The legal opinion related to a case where personal medical records were passed to the subject’s (now ex) wife’s solicitors without his permission. The subject also claimed they were incorrect. He complained to the GMC, who ruled that his GP’s action had ‘fallen below the standards expected from a medical practitioner in processing and disclosing information.’ He then complained to the Information Commissioner who rejected his complaint, ruling amongst other things that the accuracy of personal information is not an issue if he (the IC) considers it to be lawfully disclosed. Consider that for a moment: if disclosure is allowed, you can spread lies without hinderance from the ICO.
The subject then took legal counsel (which is what was sent to me). Counsel concludes that “there is a 60-65% prospect of success in an application for permission to apply for judicial review against the IC…” It goes on to say that “the IC is interpreting the justification provisions in the [DPA] 1998 very widely and in a way which is not compatible with guidance and codes from professional organisations such as the GMC and also not in tune with comments from the courts,” and that “issues of wider public interest are raised by the case, namely the correct scope of the justifications in s35 DPA 1998 and the schedules to the Act, especially when seen in the light of the right to respect for private life in Art 8 ECHR.”
That, perhaps, is what you get when you put a marketing man rather than a legal man in charge of the ICO. But given the experience of the Ministry of Justice yesterday, he should look to his defences for the future.