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I'm honestly expressing no opinion on Assange's actions. "I'll help" is not a problem, if they are not helping someone to commit a crime (clarification: when I
by africanboy 6y ago
I'm honestly expressing no opinion on Assange's actions.
"I'll help" is not a problem, if they are not helping someone to commit a crime (clarification: when I say "it's a problem" I mean it's a problem for whoever says "I'll help" because they are being accessory to a crime).
What routinely escapes from the prosecution of the law is irrelevant.
The fact that I have downloaded copyrighted material without any consequence doesn't make it legal.
A crime is a crime by the law, the court has to decide if you either committed it or not (regardless if you did it for real, if the court can prove you did it, you did it).
That doesn't mean that killing a baby and downloading an episode of a TV show illegally is the same thing, it means that if I helped you to download the content and you are accused of downloading that content and the court can prove it, I am accessory to the crime even if people routinely get by.
> unauthorized possession's of classified information is a crime
Are you referring to this?
> Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.
What journalists do is not retain them, it's publish them, which AFAIK is not illegal.
- Talanes 6y ago>What journalists do is not retain them, it's publish them, which AFAIK is not illegal. Unless you are just immediately releasing all documents you receive unedited, you will have to retain them for a period first. Would a journalist raided the second before he could click publish be committing a crime, while a second later he would not be committing a crime and have never been committing a crime.
- morelisp 6y agoMost journalists are not "an officer, employee, contractor, or consultant of the United States" and therefore it's not a crime for them to retain them at all.
- boomboomsubban 6y agoThey picked the wrong part of the code, 18 U.S. Code § 793 and 798 both have various relevant laws.
- africanboy 6y agoTrue. I'm not American, but I think that two points are relevant to the discussion - few people in American history have been prosecuted for leaking classified documents, the most simple explanation is that it would mean revealing even more classified documents during the trial - journalist can’t be punished for publishing info that was obtained illegally, as long as the journalist didn’t do anything illegal Assange is accused of helping the leaker to obtain the documents illegally, which is illegal. I don't know if that's true or not, but that's what DOJ is charging him with.