Last night I received an email from Twitter legal say the received the notification of they had received official correspondence from a yet to be determined authority stating the tweets were in violation of French Law, you will note there is no mention of any applicable law
The tweets mentioned are the pinned tweet citing the Privacy international and Pegasus tweet with links to this blog and 4 others containing pictures of NCA-CPS emails describing Live Interception of Encrochat as you see below
All the documents I have were blind dropped and taken on good faith, the NCA have been aware that this material is circulating in Journalistic circles since November at least, if not before. The NCA are desperate to keep them out of the public domain as there are extremely damaging to the reputation of the NCA, moreover that they are indeed carrying out illegal mass hacking surveillance on UK citizens in the UK and will use foreign agents to do it .
It’s understandable why the NCA wants these documents and their actions kept secret from the public, because the actions of a law enforcement agency as a whole are an affront to civil liberties and rights of us all. Moreover, that these actions are being encouraged and sanctioned by Priti Patel the current Home Secretary.
As you see they basically cover the fact that the whole hack was a live interception and other documentation proves it was a planned hack going back 2 years. But I pose one basic question here in relation to the tweets. If it were completely legal and above board, why make an official complaint to Twitter about it?
As you see from the below the threat is genuine but the fact that they fail to cite which violation of law is indicative of abuse of power and clearly intimidation by an authority because they want the information taken down but have no legitimate grounds to do so. I have requested that Twitter reveal the authority
The action here is nothing more than official Intimidation and a sign of things to come for Journalists, because in autocratic societies they start on the small fish and when there isn’t any fuss, they work their way up the chain. Start with bloggers and it ends with raids on TV stations. So why such an aggressive stance and use the French or French law to carry it out?
It’s clear that in realty the Encrochat hack was a gamble by the NCA and they drove the European initiative to gain access and use the French to cover under the guise of a military secret. In fact in the below 5th Feb Memo to Matt Horne the Deputy Director who would have the world believe he had no knowledge of the details of the hack itself
It is obvious from this that the NCA & police had been exaggerating the numbers surrounding criminal usage of Encrochat despite being aware otherwise. Furthermore the clear concern in the backs of their mind that the criminal use element was not reliable and being presented as fact when it wasn’t. Just like most mistakes that the NCA make, it’s a we believe but don’t have the evidence to back it up but will follow through anyway.
Then there is the claim of sole criminal use which the NCA have pushed in coordinated effort with the PR machine which the following July 2020 police witness statement reveals is patently untrue
The statement clearly states that the police understood that Encrochat was not a communications system solely used by criminals even after it went down. You will also note that this officer also uses the term “avoid they’re (sic) privacy being breached”. It is clear that law enforcement were acutely aware that privacy would and was breached and that celebrities at least also used the network and in fact constitutes a knowing privacy breach of the DPA and GDPR as well as the HRA under Article 8 .
Then we come to the numbers game and a tell of having information to hand already in the 5th February meme which indicates that the NCA had already had IMEIs from the network sent to them by the French before the issuing of an EIO in order that the NCA could render part of the framework to go live and allocate data from the April 1st
However, the emails and statements prior to and after the memo, which some are in are in the tweets, tell a different story and something even more sinister as the extract from the NCA CPS Ventetic meeting of the 13th February states in which Priti Patel’s OBE nominee Sweeting and DD Matt Horne were in attendance with 8 others including 3 from the CPS
So it is clear that to “proactively attribute devices ahead of time” the NCA not only had IMEIs, they were already working on attribution prior to going “live” and with no evidence. That is clearly a breach of the IPA because they are preparing to target by use on information which there is no evidence to support the acquisition or 9000 IMEI numbers which they have no idea who they relate to and say we say Encrochat is illegal with no real evidence to support that suspicion and therefore we have the right to start finding targets without any idea who they are, from a IMEI number. It essential tells us that the NCA obtained and used mass data to go on a trawling expedition before before any chat was to hand.
And it’s also becoming clear that in this pre hack attribution exercise the NCA picked targets from those on the PNC and bulk personal data sets and needed to make the chat fit the targets when it arrived. This is clearly the hallmark of a Stasi like organisation and something you would expect in Venezuela, China, in particular Hong Kong and Russia.
As for the live aspect? well the following report from the French clearly states that on the 2nd April everything was live and in contravention of section 56 of the IPA as were all the aforementioned elements.
Now it is clear that the NCA acted illegally throughout and the press needs to ask how is this getting through when the implications are mass surveillance and total disregard for privacy of any innocent parties and where else is this happening? It is clear that in this instance it was a huge gamble that in realty did not pay off so the next step was to pin chat on people without other evidence and try and force conviction to cover criminal activity by Priti Patel’s price agency and those she nominated for honours by the Queen because she wanted another PR coup and a deflection from the fact that she just wants the glory but but not the gory details
There are major issues here and the issue here is that the Home Secretary Priti Patel is supposed to ensure scrutiny and proper conduct of the agencies under her remit. Instead she has encouraged abuses of human rights, including standing in the street watching on as doors are kicked in and terrifying children because she wants to look tough on crime, but doesn’t care that the background to these acctions by law enforcement are breaching human rights and civil liberties across the UK.
All that Priti Patel is interested in is results and not how they are attained and in this case gave permission because there is no way she did not know what was happening and that the Encrochat part of Venetic was an unmitigated disaster. The fact is Priti Patel has not mentioned Venetic and Encrochat as being one in the same, contrary to the NCA narrative in the press. This is evident in her own or Tory HQ tweets on July 2.
Priti Patel and Tory Party itself have not mentioned Encrochat in these tweets or any other official public statements, that narrative has come from the NCA PR propaganda machine and senior Directors, including Matt Horne. The reason that Patel, Cabinet and the party itself have kept away from Encrochat is because to associate Patel and the party itself with what is increasingly toxic situation, would make them complicit of industrial hacking, breaches of civil liberties and human rights.
As I have mentioned the numbers are false because the underlying arrests under Encrochat at that stage were 303 despite having intel to ID cell towers long time before the hack began. From July second on the underlying arrests directly linked to Encrochat have been less than 2 per week
It is obvious now that the NCA chose targets to associate Encrochat with before the hack began and when the numbers did not pan out they still went on a roundup of targets under the Venetic banner and to cover other illegal activities used Encrochat to cover the trail but too many people noticed the cracks, one of them myself
What the NCA and CPS began to realise early on I there were serious issues and the reason why the NCA need to go out and arrest like mad to cover it, because Priti Patel had already nominated 3 women to receive honours. 3 were nominated and awarded but only 2 were named by the NCA. Emma Sweeting, who the French named their operation after, was omitted from press releases because the fallout from the case had begun.
What has happened since because it is clear that the Priti Patel, Attorney General and others, including Privy Council members have pressured members of the Judiciary to allow this fiasco not only to reach the courts, but to set up a prejudicial environment and press driven narrative to associate Encrochat with criminal activity, despite the courts not having physical evidence.
But it gets worse. Throughout legal teams have had issues with the chat evidence itself with the CPS and NCA refusing to provide the raw data for experts to examine and instead providing printouts from reports made in spreadsheet form. The NCA keep citing French military secret however, other documents show that the officer overseeing the data provided forces with packages to read and extract the data using Docker and that in September there was a significant issue with the rendering of reports making them unreliable. Reports are being fed back that despite having the raw data and software in which experts can recreate the attribution process of the chat, the NCA and CPS have continued to mislead courts on the nature of raw data by stating that Excel worksheets constitute that information. Furthermore the NCA and CPS have refused to provide the footprints of cell towers used in what is a subjective attribution of location in every case and have simply drawn lines in the map to give a false and misleading impression of accuracy. In layman’s terms a cell tower is not a laser beam connect but more a massive beacon of light that can receive and send signals from tens of thousands of phones and any one time.
Journalist need to understand that the way this is being fudged in the courts (Dove interpretation) if the police find a burner device which contains any information that implicates an individual, even if planted, would mean that the individual could be prosecuted, even if it is a fit up.
The Dove interpretation would also allow any UK agency to simply request a foreign government spy on any individual or carry out a mass hack.
You have been warned,
More to come in this increasingly disturbing action by the NCA and CPS that is undermining the whole criminal justice system for political point scoring