What part of the first amendment exonerates knowingly attempting to crack NTLM keys of US military logins? Or is the reasoning that the law should give him special treatment and exemptions not given to others? Also, is the 1st amendment protection even applicable to foreigners on foreign soil?
For someone who isn’t a citizen of the United States, it’s not illegal to fight against the military of the United States. It’s not possible for Assange to have committed a crime here. Would you suggest indicting a drone operator of the US Air Force for violating Afghanistan’s law against murdering people?
Julian Assange Deserves First Amendment Protection
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Re: Julian Assange Deserves First Amendment Protection
#122Earlier quoted context omitted.
Intent is very important in the judicial system. If Assange can show that he was cracking the password of a US military login as a hobby, he might get away with it. But I don't think even his ardent supporters would buy that theory.
I would hope that the government would have to show actual acts in furtherance of the conspiracy to charge people, but that's not what happened here. The only supposed criminal act here is agreeing to help, not actually providing help. This does nothing at all to further the conspiracy.
That is what is being alleged and the chat logs seem to support it. It might come out at trial that he didn't actually do it, of course, but that's what the trial is for.
Re: Julian Assange Deserves First Amendment Protection
#123Its why you never ever do anything illegal when you are in the US. I would try to smuggle a bag of heroine into Singapore before ignoring a red light in New York.
Re: Julian Assange Deserves First Amendment Protection
#124Earlier quoted context omitted.
When does information generated or collected by the government not belong to its people? If we could refactor the government, I think that question would be on my short list of things to define in such a way that it guides everything else.
The government generated the nuclear launch codes. Do you think you should have access to those?
https://www.huffpost.com/entry/nuclear-missile-code-00000000...
There you go.
Re: Julian Assange Deserves First Amendment Protection
#125What part of the first amendment exonerates knowingly attempting to crack NTLM keys of US military logins? Or is the reasoning that the law should give him special treatment and exemptions not given to others? Also, is the 1st amendment protection even applicable to foreigners on foreign soil?
For someone who isn’t a citizen of the United States, it’s not illegal to fight against the military of the United States. It’s not possible for Assange to have committed a crime here. Would you suggest indicting a drone operator of the US Air Force for violating Afghanistan’s law against murdering people?
The U.S. Air Force consists of lawful combatants. They are members of the armed forces and wear uniforms that readily distinguish themselves as combatants, which permits the opposing party to a conflict to abide by principles of distinction and proportionality. They are therefore disanalogous.
CIA operatives, however, engaged in spying or armed conflict, arguably do not enjoy combatant immunity. If the Taliban had captured a CIA drone operator, there is a strong argument that they could have tried, convicted, and sentenced the operator without violating international law.
What part of The Hague Convention of 1907, the Third Geneva Convention of 1949, or the 1977 Additional Protocol I to the Geneva Conventions of 1949 did you rely on in forming the opinion you've just shared with us?
Re: Julian Assange Deserves First Amendment Protection
#126Dark day to see so many people willingly claim assange deserves punishment.
Not to mention that DNC and Podesta were private entities, not government officials and zero illegality was revealed by those leaks. He later was asking Trump Jr to ask Trump to recommend himself as the Aussie ambassador to the US as payment for helping Trump win.
Re: Julian Assange Deserves First Amendment Protection
#127Re: Julian Assange Deserves First Amendment Protection
#128Assange almost certainly had access to hacked information related to both the DNC and the RNC[0]. Only the DNC hacked info got released. Are we supposed to thank him for withholding just the proper amount of information for us to make our voting decision? Or can we admit that he had an agenda in all of this that didn't align with the best interests of the American people?
[0] https://www.wired.com/2017/01/russia-hacked-older-republican...
Re: Julian Assange Deserves First Amendment Protection
#129He has First Amendment protections. That doesn't apply to what he's being charged with, which is conspiracy to gain unauthorized access to US military systems.
If all they were doing was publishing... that should be protected by first amendment.
If Assange conspired with manning that would be a different story, but it doesn't seem to be the case.
I have a lot of issues with Assange, particularly as it pertains to Wikileaks handling of the DNC leaks, and Assange's collaboration with nationalist parties around the world... but despite my distaste for the guy...in this case I don't think he committed a crime.
Re: Julian Assange Deserves First Amendment Protection
#130IANAL but this seeming to be the crux of the article brings with it a lot of legal baggage such as constitutional precedent, being charged ex-post facto for releasing info that's now public/republished, and the proverbial "letter of the law vs. the sprit of the law" type argument.
I can understand any motive behind prosecuting Assange for leaking military secrets; these are strategic parts of a nation state's defence and sovereignty. Go figure.
However, and it's not a popular opinion but, I do believe that if you opt to run for and eventually serve in public office your correspondences (both intra and inter governmental) should be totally public. Secrecy in this area I think leads to corruption viz. misuse of power, brokering sweetheart deals with private companies, and facilitating lobbying by special interest groups all of which, inter alia, don't have the public interest at heart. The classified nature of these comms IMO is purposefully designed to be a grayer area and thicker line than it needs to be.
In that light I don't think he should be reprimanded for any charges surrounding political/cable leakages (which exposed some of the issues I just listed) as much as any journalist would be for exposing mal-intent of an elected official or diplomat.