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[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 terrorists 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 terrorists.

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 torture that was taking place in Guantanamo Bay.

Its message was really simple;

charge these men or release them.

But don't torture 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 torture?

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 torture, what is not.

So, when I talk about torture to the American government,

I'm holding them to their standards,

not my standard.

In American law, threatening my life, that is torture.

Threatening my wife to be brought in front of me and raped,

that's torture.

When they threatened to fake my "escape",

and then send me to a military lab

where I can be their lab rat, that's torture.

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 torture.

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 gun 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.

"Terrorist 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 terrorist," 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, torture,

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 torture 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 terrorist.

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 terrorist,

I'll do it again.

The judge knew I was not a terrorist,

you know I'm not a terrorist, I know I'm not a terrorist.

But the problem is the law made me into a terrorist.

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, torture.

Few detainees have told their stories publicly

but one, Ali Al-Marri, is now coming forward

and alleging torture by other arms of the American government...

[music continues]

[music continues]

[somber music]