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Snowden had already exfiltrated the documents by the time he coordinated with journalists to publish them. Assange allegedly instructed Manning on how to exfilt
by bbatha 7y ago
Snowden had already exfiltrated the documents by the time he coordinated with journalists to publish them. Assange allegedly instructed Manning on how to exfiltrate the documents and directed Manning’s exfiltration process. Publishing is protected by the first amendment, stealing classified documents is not and ergo conspiracy to steal documents is not.
- boomboomsubban 7y agoManning knew how to extract the documents already, Assange attempted to help her do it more anonymously. Trying to protect your source is the duty of the press.
- Fjolsvith 7y ago"Assange attempted to help her" Aiding and abetting.
- benologist 7y agoAssange broke US laws that he was never subject to, as an Australian living in Europe.
- threeseed 7y agoThat's not how the entire fabric of international law works though. Citizenship and postal address are irrelevant. If you break the law in another country and there is an extradition treaty then you will face the consequences.
- deleted 7y ago[deleted]
- prepend 7y agoSo if I buy something from a Saudi Arabian e-commerce site am I at risk for extradition from Ireland to Saudi Arabia for the capital offense of being gay? Clearly I was gay while doing stuff online on a Saudi Arabian server.
- foldr 7y agoNo, you couldn't be extradited from Ireland for being gay because it's not illegal to be gay in Ireland. It has to be a crime in both countries. But in general, questions of jurisdiction are complicated. They're settled by courts, not by what people say on the internet.
- deleted 7y ago[deleted]
- prepend 7y agoIf it was illegal in both countries, I wouldn’t need to be extradited since I was gay in Ireland too. Assange isn’t being accused of things that are criminal in the UK.
- foldr 7y agohttps://en.wikipedia.org/wiki/Double_criminality https://en.wikipedia.org/wiki/Double_criminality Whether or not the requirement is met in Assange's case is to be decided by the court. There are certainly laws in the UK that prohibit hacking. Anyway, you are wrong in general about how extradition works. People are often, for example, extradited on murder charges.
- dependenttypes 7y agohttps://en.wikipedia.org/wiki/Gary_McKinnon https://en.wikipedia.org/wiki/Gary_McKinnon While there are certainly laws in UK that prohibit hacking (which should be abolished) they are clearly not enough to perform an extradition.
- foldr 7y agoThat's a legal question for the court to decide. I wouldn't say that there's anything "clear" about it. If you actually read the article on the McKinnon case, you'll see that extradition was ultimately refused by the home secretary - not the courts - on largely compassionate grounds: "Mr McKinnon is accused of serious crimes. But there is also no doubt that he is seriously ill [...] He has Asperger's syndrome, and suffers from depressive illness. Mr McKinnon's extradition would give rise to such a high risk of him ending his life that a decision to extradite would be incompatible with Mr McKinnon's human rights."
- rebuilder 7y agoThat seems a bit simplistic. There's a wide range of crimes you can commit on-line without ever entering the jurisdiction of the victims.
- toomanybeersies 7y agoYes, just ask Kim Dotcom, who has also tried to jump on the "persecuted internet freedom fighter" bandwagon.
- deleted 7y ago[deleted]
- dragonwriter 7y ago> Assange broke US laws that he was never subject to, as an Australian living in Europe. That's not how laws work. Laws are limited in territorial applicability only to the extent that the sovereign adopting them so limit them, and basically no government would fail to hold foreign coconspirators in a crime occuring within their domestic jurisdiction immune to prosecution (some might not have the practical means to bring such an actor to justice, and some might not choose to apply them in most cases as a matter of policy priorities, but that's a different issue.)