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Julian Assange Deserves First Amendment Protection

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Re: Julian Assange Deserves First Amendment Protection

#41
post #38

This wasn't mentioned specifically in the article, but this reminds me how we have some legal protections for whistle-blowers in the United States (not nearly enough, IMHO) but none of those protections extend to government employees. It's as if the government thinks they're incapable of breaking their own laws. If you do it to a privately held company, it's whistle-blowing. If you do it to the government, it's treas…

This is false. US Government employees have whistleblower protections under the Whistleblower Protection Act of 1989 and PPD-19 which Obama issued in 2012.

Unfortunately too late for Chelsea Manning.

Re: Julian Assange Deserves First Amendment Protection

#42

Earlier 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?

No. So in his proposed system, we would define the procedure for making that information protected. The failure of our current government in this regard is that the default for any information is to classify it. There is more burden to create open documents than classified.

Re: Julian Assange Deserves First Amendment Protection

#43

Earlier quoted context omitted.

As a layman on the subject, I guess cryptographers are attempting to crack keys every day... With house locks, it's a plain distinction between breaking into a lock and breaking into a house. With cryptography, I imagine that distinction is really problematic? Though I'm aware in Assange's case they do have proof of intent, but I wonder if it sets bad precedent, or is a case where they just dug up either far-reaching…

It's illegal if someone "intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains... information from any department or agency of the United States; or... information from any protected computer". It doesn't matter that much how you try and do it, cracking a password would seem to naturally count. It doesn't matter if you guess the password because you knew the owner's…

Attempting to crack a hash locally is distinctly different from trying to gain access to someone elses computer.

Re: Julian Assange Deserves First Amendment Protection

#44
post #29

Earlier quoted context omitted.

Non-Americans are certainly protected by the Constitution while in the US, but I thought there was still a legal debate about whether the US Constitution fully applies to foreign nationals while outside the US. Hasn't that long been the legal excuse used for things like international mass surveillance and what goes on in Guantanamo Bay?

The First Amendment doesn't apply to anyone while outside the US. A US citizen in Saudi Arabia doesn't have First Amendment protections there. For the US to prosecute Assange, they have to prosecute him in the US, where he does enjoy First Amendment protections, as the First Amendment limits what Congress (and via the Fourteenth, state/local as well) can do .

It also limits what speech congress can make illegal, effectively controlling what the executive branch can do because of speech.

Re: Julian Assange Deserves First Amendment Protection

#45

Earlier quoted context omitted.

I guess with house locks, it's a plain distinction between breaking into a lock and breaking into a house. With cryptography, I imagine that distinction is really problematic? Though I'm aware in Assange's case they do have proof of intent, but I wonder if it sets bad precedent, or is a case where they just dug up some law which is practically never really enforced?

I would say a more accurate distinction is breaking into someone's home vs trying to break into a military base. In the first case you're likely to get arrested, in the second they'll probably shoot first and ask questions later

Picking your own door lock is legal.

Picking someone else's door lock is legal if they ask you to.

Picking someone else's lock, if it's not actually in a door and isn't protecting anything, is not illegal, even if they don't ask you to or give permission. You're just picking up a lock and fiddling with it, there's no trespass.

Picking someone else's door lock to burgle their home is illegal.

Handing someone a lockpick so that they can burgle a home for you is illegal.

Re: Julian Assange Deserves First Amendment Protection

#46

Earlier quoted context omitted.

As a layman on the subject, I guess cryptographers are attempting to crack keys every day... With house locks, it's a plain distinction between breaking into a lock and breaking into a house. With cryptography, I imagine that distinction is really problematic? Though I'm aware in Assange's case they do have proof of intent, but I wonder if it sets bad precedent, or is a case where they just dug up either far-reaching…

It's illegal if someone "intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains... information from any department or agency of the United States; or... information from any protected computer". It doesn't matter that much how you try and do it, cracking a password would seem to naturally count. It doesn't matter if you guess the password because you knew the owner's…

>intentionally accesses a computer without authorization or exceeds authorized access

In this case it was Chelsea Manning accessing the computer. Assange didn't touch it.

>It doesn't matter if you guess the password because you knew the owner's dogs's name and date of birth, it's still intentional access

...by Chelsea Manning, not Assange.

Re: Julian Assange Deserves First Amendment Protection

#47

Earlier quoted context omitted.

I guess with house locks, it's a plain distinction between breaking into a lock and breaking into a house. With cryptography, I imagine that distinction is really problematic? Though I'm aware in Assange's case they do have proof of intent, but I wonder if it sets bad precedent, or is a case where they just dug up some law which is practically never really enforced?

I would say a more accurate distinction is breaking into someone's home vs trying to break into a military base. In the first case you're likely to get arrested, in the second they'll probably shoot first and ask questions later

It's like as if Manning copied the lock at the military base and Assange agreed to see if he can figure out how to pick the copy, but failed (or never even tried, we don't know).

Re: Julian Assange Deserves First Amendment Protection

#48
post #29

Earlier quoted context omitted.

Non-Americans are certainly protected by the Constitution while in the US, but I thought there was still a legal debate about whether the US Constitution fully applies to foreign nationals while outside the US. Hasn't that long been the legal excuse used for things like international mass surveillance and what goes on in Guantanamo Bay?

The First Amendment doesn't apply to anyone while outside the US. A US citizen in Saudi Arabia doesn't have First Amendment protections there. For the US to prosecute Assange, they have to prosecute him in the US, where he does enjoy First Amendment protections, as the First Amendment limits what Congress (and via the Fourteenth, state/local as well) can do .

Exactly.

If a person is on trial in the U.S. for breaking U.S. law, then U.S. constitutional protections apply— regardless of citizenship or where the alleged crime took place.

Re: Julian Assange Deserves First Amendment Protection

#49

Earlier quoted context omitted.

It's illegal if someone "intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains... information from any department or agency of the United States; or... information from any protected computer". It doesn't matter that much how you try and do it, cracking a password would seem to naturally count. It doesn't matter if you guess the password because you knew the owner's…

>intentionally accesses a computer without authorization or exceeds authorized access In this case it was Chelsea Manning accessing the computer. Assange didn't touch it. >It doesn't matter if you guess the password because you knew the owner's dogs's name and date of birth, it's still intentional access ...by Chelsea Manning, not Assange.

Conspiracy to commit a crime is a crime.

Cracking a password is one thing; cracking a password for someone else so they can commit a crime (and you knew this was what they were doing with it) is a crime.

If I know Joe's password, and I pass it on to Steve so Steve can log in and steal Joe's secrets and pass them back to me, I am in a conspiracy to commit a crime under the CFAA.

The guy driving the getaway car is on the hook for the bank theft!

Re: Julian Assange Deserves First Amendment Protection

#50

First, I want to say I'm not dismissing the validity of the sexual assault charge. That's a serious change, and it should be addressed via proper legal channels. That said, having watched (the film) "Untouchables" for the Xth time, it's certainly possible given the powers involved he could be getting the Al Capone treatment. Put another way, how or why he ends up in jail isn't nearly as important as him ending up in…

You have to choose: either the sexual assault charges are being investigated by an independent judiciary, or it is all part of some conspiracy to put him in jail.

Judging by how much emphasis on the second option, I find it hard to not read an implied dismissal of the sexual assault charge in your comment.

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