Earlier quoted context omitted.
well bellingcat went (and still goes) looking for information, sources and then publishes article on those stories, which is not exactly what Assange did, which was mostly making confidential documents (sent by a variety of sources) available to the wider public
They also publish their source materials and how they obtained them. Writing summary articles is not the definition of journalism.
USA vs. Julian Assange Judgment
401–410 of 646 posts
Re: USA vs. Julian Assange Judgment
#402Earlier quoted context omitted.
This fell into a broader question of whether the Extradition Act 2003 has to be enforced notwithstanding the terms of the extradition treaty. The treaty refers to political offences; the Act does not. The answer to this question was yes, the Act is self-contained. Therefore the judge did not need to decide the question of whether it was a political offence. So she did not discuss it or decide the question. You are co…
It's just bizarre that the terms of the extradition treaty, which explicitly bars extradition for political offenses, would be irrelevant. If the terms of the treaty don't matter, then what's the basis for extraditing Assange in the first place?
Hypothetically, let’s say the statute actually had a section with “no extraditions for unsavoury offences” in it. That’s pretty weird and ambiguous, so you might, subject to UK law on statutory interpretation, look to the treaty/treaties the Act is implementing to figure out what the legislature meant by unsavoury when they wrote it. Maybe a bunch of treaties had similar provisions using the word unsavoury, but the US one changed it, and you would analyse why they didn’t use the language again, or whether political offences as referred to by the US treaty would fit the bill... But according to the judgment, the Act is not ambiguous. There is nothing to look to the treaty for.
Still, the basis for the extradition is not the treaty. Treaties bind States (ie countries) against each other. The remedy for a treaty law breach is stern words from the UN, maybe a fine, whatever. But treaty law cannot establish domestic laws that govern things like extradition. The only requirement imposed by the treaty is on the UK as a State to implement the treaty in domestic law, which is how countries like the UK comply with the terms of the treaty. International law does not bind local decision makers who decide whether the extradition goes ahead. It also does not bind parliament, which can refuse to implement a treaty or decide to deviate from it. It should also be quite plain that Assange is not a State party to the extradition agreement, being neither the literal United States nor Kingdom, so he does not have standing to object to the UK’s implementation, and of course, is in utterly the wrong court for that :)
(That the UK is bound to comply makes for a strong suggestion that parliament actually intended to be true to the treaty when they implemented it, but this is only relevant where there is ambiguity in the domestic law requiring resolution, because of the primacy of legislative power and its ability to write laws in clear terms that can’t be wriggled out of.)
Re: USA vs. Julian Assange Judgment
#403Earlier quoted context omitted.
Are we sure that Assange is better off in the UK? Reports from other sources suggest he is being kept in terrible conditions in UK as well. https://www.telesurenglish.net/news/julian-assange-is-kept-u... >> "Each day Julian is woken at 5 am, handcuffed, put in holding cells, stripped naked, and x-rayed. He is transported 1.5 hours each way in what feels like a vertical coffin in a claustrophobic van,” Morris said. >>…
Certainly better in the UK than the US. He gets to see family and has contact with support including calls with e.g. the Samaritans.
Re: USA vs. Julian Assange Judgment
#404Earlier quoted context omitted.
That seems incorrect, you can be prosecuted in your country of origin just fine for stealing from or hacking foreigners
We'll set aside for a moment the fact that a country like Nigeria hasn't even HAD laws against hacking on their books: https://www.zdnet.com/article/new-nigerian-law-means-seven-y... There are countless examples of state sponsored hacking. There's no way the actor would be punished in the country of origin if their country of origin was not only OK with their actions but supporting them. Does that mean whoever did it…
Countries are sovereign, a Nigerian person living in Nigeria is only beholden to laws of Nigeria.
In your world, you can accuse someone who lives in Mongolia of a crime that doesn't even exist is Mongolian legal system, such as some peculiarities of US copyright or packaging of lobsters. You seem to think they should be flown to the US to be tried at your convenience to in a language they don't speak, in a legal system they don't understand at their expense?
You could prosecute him in Australia for hacking in whatever form it broke Australian law. How can any non-US citizen be held responsible for some vague 'damage to US national security' if they have nothing to do with the US? Why should a hypothetical person living in Nigeria be responsible for US, UK, Russian, Saudi, Israeli and everyone else's national security?
Re: USA vs. Julian Assange Judgment
#405Earlier quoted context omitted.
> there's a long precedent of British newspapers doing what WikiLeaks does and even collaborating with WikiLeaks without being prosecuted The judge discusses that in the opinion. The difference she notes is that the newspapers carefully choose what they publish in order to avoid harm--for example, they don't publish the names of government informants even if those names are contained in the materials they obtain, sin…
Except of course she fails to note that Assange tried[1] to do that and was rejected. She cites the Guardian who has a history of questionable reporting on Assange and WikiLeaks because they didn't do a good job[1][2]. In fact WikiLeaks made a point of going via the newspapers after being blamed. 1 - https://www.salon.com/2010/08/20/wikileaks_5 2 - https://www.bbc.co.uk/news/uk-51633303
Assange tried (at least he claims he tried) to get the US government to help him remove names that it felt should not be released. The US government refused. Which is perfectly understandable: why should the US government tell Wikileaks exactly which names in some leaked documents are the names of actual US government informants? That would be stupid.
Assange then chose to release all the material anyway, putting the life of anyone whose names were in that material potentially at risk. Newspapers, in the same position, did not publish the names. Whether you agree or not with either action, the fact remains that they are clearly different actions, and that one involves publishing people's names and potentially putting their lives at risk and the other does not.
Re: USA vs. Julian Assange Judgment
#406Earlier quoted context omitted.
This just proves the point. Wikileaks is not a journalistic organisation because it lacks the editorial expertise, ethics, and resources essential to carry out responsible journalism. They have to rely on real newspapers or the pentagon (!) to do it for them. It’s no defence to say: we tried to get other people to help us do the right thing, but we couldn’t, so we knowingly did the wrong thing instead.
> Wikileaks is not a journalistic organisation because it lacks the editorial expertise, ethics, and resources essential to carry out responsible journalism. There's (luckily) no exams (yet) for what makes a journalist. Someone who has a blog is no less a journalist than anyone at a national newspaper. > They have to rely on real newspapers or the pentagon (!) to do it for them. It’s no defence to say: we tried to ge…
No, it shows that Wikileaks can be just as disingenuous as any other "journalistic" organization. Wikileaks made a request to the US government that it had to know the US government would refuse (for the reason I gave in my other post in response to you upthread). It did that so it could disingenuously claim that it gave the US government a chance to protect people's names and the US government refused, making it seem like it's the US government's fault, not Wikileaks's fault, that the names got published. That's not "responsible journalism"; it's Wikileaks playing power politics just like governments and the media do.
> published vital information to inform the public that the government is committing war crimes of foreign soil in their name
Wikileaks could have published that information without publishing anyone's name. They chose not to do it that way.
Re: USA vs. Julian Assange Judgment
#407If there's anything to learn from Assange and Snowden: 1. Our western "liberal" democracies stop being liberal when the government gets angry at you at a personal level. 2. With enough propaganda, you can make people believe anything, even that Snowden is a "traitor" to the US. 3. Politically vociferous people (the mob) don't give a shit about you unless you're instrumental to support the cause du jour
That's a fairly weak observation both because liberal democracies still punish criminals and many people do take serious issue with what Assange is and has done - it's just not a common thing to say on hackernews.
Re: USA vs. Julian Assange Judgment
#408Quite unexpected! Like many HNers who followed Craig Murray's reporting of the trial (see below), I thought Judge Baraitser was a compliant puppet and the extradition to the US was preordained. Will be interesting to see his take on this. https://hn.algolia.com/?dateRange=pastYear&page=0&prefix=fal...
The first two words explain any surprise here. It's still usable data but the HN-groupthink is still wilfully blind to Craig Murray's habits.
Re: USA vs. Julian Assange Judgment
#409Re: USA vs. Julian Assange Judgment
#410Earlier quoted context omitted.
Assange is not a journalist. He wrote software until he started leaking documents. That isn’t journalism.
And I suppose anyone with a journalism degree isn't a journalist because they were a student until they started working?
If Assange is a mere journalist, he and his organisations are hypocrites because of their use of NDAs and either malicious or deeply incompetent in their complete disregard for the privacy of people (bystanders) mentioned in their dumps. For example, dumping the credit card numbers and addresses of donors to the Democratic Party is unnecessary and clearly intended to do harm.
https://en.wikipedia.org/wiki/WikiLeaks#Promotion_of_conspir... and downwards is a good place to start - the idea that Wikileaks are some kind of bastion of good journalism is pretty naff