Thread: Purgatory: Wikileaks: What do we think ? Board: Limbo / Ship of Fools.
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Posted by Think² (# 1984) on
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Well, wikileaks have done it - they have released 250000 internal not-so-diplomatic emails from the US government.
Do you think this is merely embarrassing or is it dangerous ? What do we think the impact will be ?
Interestingly, commentators are saying well "we knew they thought x,y,z but they would never say it in public" - so is it the case that we merely are being told what we already knew if we thought about it for more than 5 minutes ?
[ 05. January 2015, 23:43: Message edited by: Kelly Alves ]
Posted by RadicalWhig (# 13190) on
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To my mind, wikileaks shows the need for much greater public openness. It is only the dark decisions, the corrupt decisions, those of dubious legality, which the powerful seek to hide.
Of course they will hide behind the idea of "national security" or "diplomatic sensitivity", but I'd turn the argument they use against us back on them: if they have nothing to hide they have nothing to be afraid of. Greater public openness leads to more honest, and therefore better, government. It stops stupid decisions.
The guy who runs wikileaks should get a Nobel peace prize.
Posted by Anglican't (# 15292) on
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quote:
Originally posted by Think²:
Interestingly, commentators are saying well "we knew they thought x,y,z but they would never say it in public" - so is it the case that we merely are being told what we already knew if we thought about it for more than 5 minutes ?
Well a quick look at the Guardian's website so far tells me that Iran wants to build a nuclear bomb; Iran's neighbours want any bomb-making programme to be stopped, destroyed if necessary; the Russian government is corrupt; the Italian Prime Minister is corrupt; the US spies on UN members; Mrs Thatcher wasn't keen on the ANC; Gordon Brown is bonkers.
So, nothing new, really.
Posted by Jessie Phillips (# 13048) on
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quote:
Originally posted by RadicalWhig:
Of course they will hide behind the idea of "national security" or "diplomatic sensitivity", but I'd turn the argument they use against us back on them: if they have nothing to hide they have nothing to be afraid of. Greater public openness leads to more honest, and therefore better, government. It stops stupid decisions.
I agree with the sentiment, however, I believe there are practical difficulties. One of those practical difficulties is that sometimes, soldiers have kids. Sometimes, politicians have kids too! And sometimes, both soldiers and politicians have elderly and disabled relatives. And some of those people can be, well, a bit vulnerable.
Which perhaps wouldn't be a problem, if we didn't have a media that seems particularly keen on stoking vigilante action. But if you don't like having that sort of media, we're back to the question of media censorship again - and therefore also state secrets.
Another problem relates to decisions of "dubious legality". Supposing for a moment that the legality of the decision needs to be tested in a court of law, with a trial by jury; how do you suppose it will be possible to find an unbiased jury when the details of the decision have already been made globally available by WikiLeaks?
Posted by Niteowl2 (# 15841) on
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They're making a Pfc intelligence officer the fall guy. With the amount of information that was leaked there is no way he could have had access to all that info and leaked it without help from higher up the food chain.
Personally,I think if they find who was responsible they should be tried for treason. Some of the comments about our allies will hurt us in the future. Comments about those who don't care for us will not be coming to the negotiating table - granted they may not have even if this info wasn't released, but it's a guarantee now. Also, aside from families that were mentioned, it puts former intelligence officers citizens in those countries who helped us in grave danger. Wikileaks really doesn't give damn who is hurt.
Posted by Beeswax Altar (# 11644) on
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I don't think this is about transparency. What has wikileaks released that is earth shattering? If any government always openly revealed the type of stuff wikileaks revealed, diplomacy would be next to impossible.
Posted by Think² (# 1984) on
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I don't agree that governments need no secrecy - though I do think that they sometimes use it to avoid accountability. Certainly diplomats need to be able to make honest assessments - even if they would be impolite to state publicly.
Posted by Honest Ron Bacardi (# 38) on
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Radical Whig wrote: quote:
To my mind, wikileaks shows the need for much greater public openness. It is only the dark decisions, the corrupt decisions, those of dubious legality, which the powerful seek to hide.
Of course they will hide behind the idea of "national security" or "diplomatic sensitivity", but I'd turn the argument they use against us back on them: if they have nothing to hide they have nothing to be afraid of.
I agree in general.
But that's only half the story. Any serious consideration is going to need to look at both the up- and the down-side.
I'd like to think I try to get my information from as wide a range of sources as I can. I tend to distrust single-source information. I would hope that democratic governments do something similar. So how am I to weigh this oncoming blizzard of information, stripped as it will be from its context? Am I just going to tune into my favoured source of instapunditry who can stitch it all together in a way that conforms to my accepted form of bigotry - er, prejudice? If not, then what?
And what about my sources? It seems to me that beyond the more obvious risk of my informants not wanting to tell me anything if they risk being embarrassed by being misquoted (let's assume that embrrassment by being accurately quoted is fair game) then there exists a more subtle risk. The risk of me increasingly only consulting sources that are safe, - the unexceptional, the anodyne. Increasingly, discourse will become monovalent for fear of being discovered. This path may (note, may) point towards not diversity, but the socially approved. That may initially seem counter-intuitive, but just think about it for a moment.
I'm only trying to lay out potential pitfalls. I am in favour of greater transparency myself, but let's not fool ourselves by pretending it won't bring new pitfalls. Everything does in its way.
Posted by Martin L (# 11804) on
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Perhaps random releases of documents would help to keep things on the up-and-up. There would be a possibility of confidential things being released, but knowledge that this could potentially happen might force people away from underhanded tactics of diplomacy (or lack thereof). It's a shame that it takes renegade tactics to point out that any government might be doing things it's not proud of.
Posted by Think² (# 1984) on
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Or, people stop writting down honestly what they are doing, information is then not properly shared - leading to a higher ratio of cock-up to effect than we've been used to.
Posted by orfeo (# 13878) on
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My initial reaction is that I'm a bit more worried about this set of releases than the last one. I can see the capacity for some genuine damage this time around to the ability to get things done, by fragile relationships between some countries being completely broken down.
Posted by Darllenwr (# 14520) on
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If I have a concern, it is regarding the responsibiity, or otherwise, of wikileaks. As somebody has remarked, wikileaks appears to be unconcerned who gets hurt as long as they can leak potentially sensitive information to the world's media. I'm sure that's fine for wikileaks; not so good for those who do get hurt, and some will.
So to whom are wikileaks responsible? To whom do they give account? And, please, don't anybody say, "The People". That is an evasion. Who are "The People"? And in what way can any organisation such as wikileaks be accountable to them? Wikileaks has the potential to be a completely maverick outfit with no responsibility to anybody for anything.
Equally, they may prove to be a profound force for good. I don't know but, being a suspicious git by nature, I am wary.
Posted by Eutychus (# 3081) on
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I agree with Darllenwr. Wikileaks looks increasingly as if it's attention-whoring rather than whistle-blowing. It's also a nice distraction from Assange's arrest warrant.
When Pete Broadbent's Facebook gaffe was discussed here, many people argued for a distinction between private comments and ones in the public domain. I think it's completly naive to think such a distinction can somehow not apply to diplomatic relations, naive too to think social relations of any nature don't require levels of discretion.
Posted by Martin PC not & Ship's Biohazard (# 368) on
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I'm all for full and accountable open, transparent government, governance, civil rights, freedom, democracy, the rule of law, complete separation of church and state, proportional representation, minority protection, tolerance, pluralism in China, Russia, North Korea, Saudi Arabia, Turkey, Iraq, Iran, Pakistan, Somalia, Sudan, Nigeria, Syria, Egypt, Indonesia even up to Israeli standards would be awesome.
Until we are no longer at war by other means with these powers (i.e. in diplomatic relationships with them) then Wikileaks is treason.
Posted by lowlands_boy (# 12497) on
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It's all very exciting isn't it, but let's not assume that all the countries that don't have anything published here aren't actually all at it in the same way.
So, are they just "anti American" ? Have they been actively searching for such leaks, or has it just fallen into their lap? Are they searching for similar material from other western countries?
How about some nice juicy leaks from the Saudis, Iranians, the Chinese etc etc. There must be some subversives in all those places busting to get some embarassing material out.
Posted by Think² (# 1984) on
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Don't know but most of this was leaked by one person at one time to the organization.
Posted by Erin (# 2) on
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quote:
Originally posted by Darllenwr:
So to whom are wikileaks responsible? To whom do they give account? And, please, don't anybody say, "The People". That is an evasion. Who are "The People"? And in what way can any organisation such as wikileaks be accountable to them? Wikileaks has the potential to be a completely maverick outfit with no responsibility to anybody for anything.
From what I can tell, Assange is not accountable to anyone, really. He houses servers all over the world where they are protected by various state whistle-blower and freedom of information laws, and is not above taking refuge in Cuba or Russia in order to avoid charges of espionage.
From what I've read from third-party sources (New York Times and the Guardian), not much is new information. I haven't seen anything that is worth damaging foreign relations. You do this kind of thing to stop wars, not because "well, I've got the documents and I've got a server".
Posted by Rosa Winkel (# 11424) on
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I see on The Guardian that they've got page after page about this, so I guess this is important.
When I read what was said, though, I was simply 'meh'. Nothing new was learned. In some cases they think like I do, and probably other people as well.
Maybe I'll get worked up about this another time.
Anyway, I'm all for transparency, but I fear for US diplomats.
Posted by Enoch (# 14322) on
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This is probably a tangent, but this organisation and those involved in it, rather than being noble witnesses and servants of the truth, gives the impression of being driven by smug, self satisfied self-righteousness.
Oh aren't we clever, and isn't the rest of the world obstructive and obscurantist.
Posted by Crœsos (# 238) on
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quote:
Originally posted by Martin PC not & Ship's Biohazard:
Until we are no longer at war by other means with these powers (i.e. in diplomatic relationships with them) then Wikileaks is treason.
Although hard data is hard to come by, it seems like a large proportion of those working on/for Wikileaks are not American citizens. Certainly Julian Assange, the public face of Wikileaks, is not American. And yet Martin maintains that he's a traitor to a country he's not a citizen of.
Posted by Niteowl2 (# 15841) on
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quote:
Originally posted by Crœsos:
Although hard data is hard to come by, it seems like a large proportion of those working on/for Wikileaks are not American citizens. Certainly Julian Assange, the public face of Wikileaks, is not American. And yet Martin maintains that he's a traitor to a country he's not a citizen of.
Wikileaks may be immoral, but there is at least one person facing possible treason charges here in the U.S. He's a very low level military intelligence worker - a private first class. To me he's the fall guy as I find it hard to believe a private first class had access to and could leak the massive amount of info that Wikileaks has published thus far. There had to be persons further up the chain of command who provided info and assisted in forwarding the info to Wikileaks and should be held accountable and IMO charged with treason.
Posted by Apocalypso (# 15405) on
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As always, the questions that such activities raise are:
1. Why is it being done? What is leaking this stuff meant to accomplish? Let's get practical: how many ordinary citizens, however desirous of "hard information," are going to plow through thousands of pages of yaff seeking it?
2. Who is benefiting from the leaks? Who is making money, gaining political, military, diplomatic, or other advantage, influencing what kinds of outcomes?
3. Who is DISadvantaged in the same ways?
Someone above mentioned "attention whoring," and I wonder whether Assange is unbalanced in some way.
Posted by Martin L (# 11804) on
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quote:
Originally posted by Apocalypso:
1. Why is it being done? What is leaking this stuff meant to accomplish? Let's get practical: how many ordinary citizens, however desirous of "hard information," are going to plow through thousands of pages of yaff seeking it?
We don't need to. The media do that for us. If we choose to accept their one-sided conclusions [and we usually do], then so be it. They chunk the information into usable parts, and then people can choose whether they want to delve deeper into the source material or not.
quote:
2. Who is benefiting from the leaks? Who is making money, gaining political, military, diplomatic, or other advantage, influencing what kinds of outcomes?
It could simply be a way to influence future votes by embarrassing past or current politicians and/or parties.
Posted by Squibs (# 14408) on
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quote:
Originally posted by RadicalWhig:
The guy who runs wikileaks should get a Nobel peace prize.
Maybe after they drop the rape charges.
I'm quite torn on wikileaks. I can imagine much good (or justice, at least) coming from revealing the dirty secrets. I can also imagine it being used as a method for disseminating half-truths or outright right lies. I also wonder if there aren't some secrets that really need to stay as such for the greater good.
--Update--
http://articles.cnn.com/2010-08-21/world/sweden.wikileaks.charge_1_julian-assange-molestation-charge-arrest-warrant?_s=PM:WOR LD
One can't help but suspect that these are trumped up BS charges.
Posted by Think² (# 1984) on
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quote:
Originally posted by Niteowl2:
quote:
Originally posted by Crœsos:
Although hard data is hard to come by, it seems like a large proportion of those working on/for Wikileaks are not American citizens. Certainly Julian Assange, the public face of Wikileaks, is not American. And yet Martin maintains that he's a traitor to a country he's not a citizen of.
Wikileaks may be immoral, but there is at least one person facing possible treason charges here in the U.S. He's a very low level military intelligence worker - a private first class. To me he's the fall guy as I find it hard to believe a private first class had access to and could leak the massive amount of info that Wikileaks has published thus far. There had to be persons further up the chain of command who provided info and assisted in forwarding the info to Wikileaks and should be held accountable and IMO charged with treason.
Actually, given they gave access to three million people - it doesn't seem that it would be that hard for someone with IT skills.
Posted by Crœsos (# 238) on
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quote:
Originally posted by Niteowl2:
Wikileaks may be immoral, but there is at least one person facing possible treason charges here in the U.S. He's a very low level military intelligence worker - a private first class. To me he's the fall guy as I find it hard to believe a private first class had access to and could leak the massive amount of info that Wikileaks has published thus far. There had to be persons further up the chain of command who provided info and assisted in forwarding the info to Wikileaks and should be held accountable and IMO charged with treason.
From a legal standpoint, the first amendment largely prevents the U.S. government from prosecuting journalists or private individuals for revealing classified information. The only people who can be prosecuted for that are government officials who have a positive duty to safeguard the information in question.
Posted by Nicolemrw (# 28) on
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Treason is defined in the US Constitution. Article III, section 3 reads:
quote:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open court.
Although I'm not a lawyer, I don't think leaking documents meets that legal standard. Perhaps one of the ships lawyers could render an opinion?
Posted by Erin (# 2) on
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quote:
Originally posted by Niteowl2:
Wikileaks may be immoral, but there is at least one person facing possible treason charges here in the U.S. He's a very low level military intelligence worker - a private first class. To me he's the fall guy as I find it hard to believe a private first class had access to and could leak the massive amount of info that Wikileaks has published thus far. There had to be persons further up the chain of command who provided info and assisted in forwarding the info to Wikileaks and should be held accountable and IMO charged with treason.
Why? None of this was top secret information. If it were the nuclear launch codes, yeah, you'd have a legitimate argument. But "other Arab countries want us to stop Iran from getting nuclear weapons" is more along the lines of "no shit, Sherlock".
Posted by Niteowl2 (# 15841) on
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quote:
Originally posted by Erin:
quote:
Originally posted by Niteowl2:
Wikileaks may be immoral, but there is at least one person facing possible treason charges here in the U.S. He's a very low level military intelligence worker - a private first class. To me he's the fall guy as I find it hard to believe a private first class had access to and could leak the massive amount of info that Wikileaks has published thus far. There had to be persons further up the chain of command who provided info and assisted in forwarding the info to Wikileaks and should be held accountable and IMO charged with treason.
Why? None of this was top secret information. If it were the nuclear launch codes, yeah, you'd have a legitimate argument. But "other Arab countries want us to stop Iran from getting nuclear weapons" is more along the lines of "no shit, Sherlock".
It was classified info and much of it was clearly marked Secret and for U.S. eyes only. There were names listed, some of whom were citizens of foreign countries working with us as well as the sharing of classified intelligence with other nations. Wikileaks has published other secret documents this individual leaked. Everything this individual has done constitutes treason as his actions have deliberately leaked information that were for cleared individuals only and in so doing harmed the U.S. and put individual lives in harms way.
Posted by Niteowl2 (# 15841) on
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The reason this individual had access to all of this information while working in Iraq - a war zone in war time, was that after 9/11 the government wanted those working in war zones to have the best info and opened up much of the secret databases to them. The military is now trying to balance the need for those in war zones to have the info and trying to lock down security. Some of the basics should have been done before now - i.e. either NO personal CDs or flash drives allowed or disabling the ability to copy documents to a CD or flash drive.
Posted by pjkirk (# 10997) on
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quote:
Originally posted by Think²:
quote:
Originally posted by Niteowl2:
quote:
Originally posted by Crœsos:
Although hard data is hard to come by, it seems like a large proportion of those working on/for Wikileaks are not American citizens. Certainly Julian Assange, the public face of Wikileaks, is not American. And yet Martin maintains that he's a traitor to a country he's not a citizen of.
Wikileaks may be immoral, but there is at least one person facing possible treason charges here in the U.S. He's a very low level military intelligence worker - a private first class. To me he's the fall guy as I find it hard to believe a private first class had access to and could leak the massive amount of info that Wikileaks has published thus far. There had to be persons further up the chain of command who provided info and assisted in forwarding the info to Wikileaks and should be held accountable and IMO charged with treason.
Actually, given they gave access to three million people - it doesn't seem that it would be that hard for someone with IT skills.
Having worked within that system, I guarantee that one person could have done this. Easily. Heck, my roomate when I was stationed in Korea could have done so.
Posted by pjkirk (# 10997) on
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quote:
Originally posted by Squibs:
I'm quite torn on wikileaks. I can imagine much good (or justice, at least) coming from revealing the dirty secrets.
That's the hope certainly. Maybe if governments need to fear their dealings becoming open knowledge, they will deal more honorably.
Or maybe not. Hence my indecision on this. I lean towards good thing though.
Posted by pjkirk (# 10997) on
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quote:
Originally posted by Niteowl2:
quote:
Originally posted by Erin:
quote:
Originally posted by Niteowl2:
Wikileaks may be immoral, but there is at least one person facing possible treason charges here in the U.S. He's a very low level military intelligence worker - a private first class. To me he's the fall guy as I find it hard to believe a private first class had access to and could leak the massive amount of info that Wikileaks has published thus far. There had to be persons further up the chain of command who provided info and assisted in forwarding the info to Wikileaks and should be held accountable and IMO charged with treason.
Why? None of this was top secret information. If it were the nuclear launch codes, yeah, you'd have a legitimate argument. But "other Arab countries want us to stop Iran from getting nuclear weapons" is more along the lines of "no shit, Sherlock".
It was classified info and much of it was clearly marked Secret and for U.S. eyes only. There were names listed, some of whom were citizens of foreign countries working with us as well as the sharing of classified intelligence with other nations. Wikileaks has published other secret documents this individual leaked. Everything this individual has done constitutes treason as his actions have deliberately leaked information that were for cleared individuals only and in so doing harmed the U.S. and put individual lives in harms way.
Bullshit.
Treason: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
The case that he made an overt act giving aid and comfort to the enemies would be impossible to show (He gave documents to somebody who had the option of releasing them if they wished, etc...). Two witnesses to such an overt act would be apparently impossible (unless they can swear in computer logs now). He probably won't confess.
The private's actions were certainly illegal under the UCMJ and likely illegal under several sections of US Code, but they don't amount to treason.
For Assange and Wikileaks, they certainly aren't.
Posted by Beeswax Altar (# 11644) on
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This has nothing to do with getting government's to act honorably. So far, I haven't read that wikileaks released anything that does something other than make diplomacy more difficult. Why is that a good thing? It's not. The leaking of documents by wikileaks and the subsequent publication of the information with commentary by the world media serves no real purpose other than to benefit the wikileaks founder's ego.
Posted by pjkirk (# 10997) on
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quote:
Originally posted by Beeswax Altar:
The leaking of documents by wikileaks and the subsequent publication of the information with commentary by the world media serves no real purpose other than to benefit the wikileaks founder's ego.
Are you limiting your statements to this release only (about no purpose)? Since they're certainly not true of Wikileaks in general.
Feel free to justify your ego statement with something more than assertion.
Assange may be a smarmy guy, but this whole deal certainly is making his life a lot harder for a mere ego boost.
Posted by Beeswax Altar (# 11644) on
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What does this round of leaks accomplish? You say he's smarmy. I certainly think he's doing it for an ego boost. People do all sorts of crazy things for an adrenaline rush. What kind of adrenaline rush can one person get from grabbing world wide headlines by frequently annoying the most powerful nation in the world and getting away with it?
Posted by pjkirk (# 10997) on
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quote:
Originally posted by Beeswax Altar:
What does this round of leaks accomplish? You say he's smarmy. I certainly think he's doing it for an ego boost. People do all sorts of crazy things for an adrenaline rush. What kind of adrenaline rush can one person get from grabbing world wide headlines by frequently annoying the most powerful nation in the world and getting away with it?
In other words, you have nothing.
What does it accomplish? For a broad, general start, people know what their government is doing. That's a huge thing to me, since I don't trust it much when it tells me itself.
For a more specific and very timely thing, it may help to rein in North Korea since some mentions were made of reunification plans where China was involved with the US and SKorea (i.e. this may help them to realize that China isn't the ally they seem to think they are).
Might Assange and the other Wikileaks founders/board members get an ego kick out of shitting in the US's Wheaties? Certainly. But Wikileaks wasn't started with the US even in mind, and their mission and history strongly atttest to that.
Feel free to bring more than suspicion to your arguments.
Posted by Beeswax Altar (# 11644) on
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What would constitute proof of a motive other than the ability to read a person's mind and record it?
You see this guy as a hero. I see him as an attention seeking asshole. No way to prove either. I suppose we can agree to disagree.
The New York Times admits there will be consequences to publishing the leaks and that it will strain relations with certain nations. You think that's a good thing? You want relations with other nations and heads of state strained? I'm sure that will make cooperation among the nations of the world much more likely. But...at least you feel better knowing more and the New York Times gets a good story. Surely, causing bad blood between the nations of the world during a worldwide recession is a small price to pay for that.
Your point about China and North Korea is naive. China doesn't care much about public opinion. They were willing to massacre 5,000 of their own young people. You think some leaked documents are going to impact how they do business? Besides, China, to say nothing of North Korea, manages to control and manipulate information in China far better than Western nations.
Posted by John Holding (# 158) on
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quote:
Originally posted by RadicalWhig:
Greater public openness leads to more honest, and therefore better, government. It stops stupid decisions.
Nice theory (seriously). Frequently doesn't work in practice.
Here in Canada we have an Access to Information Regime. Far too many years ago, all of us public servants were told that everything -- our datebooks, the notes made of telephone conversations, the doodles on our deskpads -- was Accessible and should not be destroyed. So people stopped writing memos and stopped writing notes about what happened in meetings and stopped noting their phone calls, for fear of what might happen if someone decided to try to get Access. Minutes of meetings became simple records of decisions, without any reference to the discussion and therefore, no reference to why the decision was made or to the considerations that led to it.
And remember, this was all public servants -- Deputy Ministers right down to the lowest level clerks who, basically, made the coffee and transferred phone calls to the right person, or who swept the floors in some hands-on operations.
Result -- total opaqueness. No-one could be held accountable for anything.
Earlier than this, I worked for a realtively sensitive department of government, which relied heavily on receiving information from corporations. The corporations had no trouble supplying the information, but wanted to be sure their competitors could not get access to it. Under Access to Information, all the information had to be accessible. result - end of information flow to the government, and significantly poorer policy development.
I'm all for greater accountability and openness...until it starts to interfere with government's ability to do its job.
Many of these leaks seem to me to be pretty certain to interfere with reasonable relations between states -- they say it won't, but it will -- because no one will ever again trust the US or its diplomats. And while I have issues with the US and its diplomats, a total absence of trust is manifestly unfair. Many of the leaks seem to me pretty certain to lead to deaths among soldiers and their local allies. While I totally oppose the war in Iraq, and have questions about the Afghan war, it's totally wrong that soldiers in the field and locals trying to help should pay that kind of price for information that leads no where in terms of better policy, greater accountability, and a sense of responsibility among politicians and civil servants.
John
Posted by pjkirk (# 10997) on
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quote:
Originally posted by Beeswax Altar:
You see this guy as a hero.
Hyperbole much? As I said, I don't even know if I think this was a good thing for them to do.
quote:
I'm sure that will make cooperation among the nations of the world much more likely.
Or perhaps we will engage in more trustworthy dealings because we think people are watching, and our government might become a bit more trustworthy. Likely? No. Possible? Sure.
quote:
Your point about China and North Korea is naive.
Perhaps naive if you totally fail to get what my point was. The point was that NK seeing China dealing behind their back in a manner planning for their demise might lead the NK gov't to exercise a bit of restraint. Not that this will change China any (I honestly have nfc how you read that into what I wrote).
Posted by Beeswax Altar (# 11644) on
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Wait, North Korea sinks a South Korean sub and shells a South Korean island. China refuses to condemn them. China does nothing to rein in North Korea. You think because the North Koreans read a leak about China possibly turning on them they will stop doing what they are doing? I suppose they can believe that leak or what China is actually doing. The North Koreans can know the Chinese don't really like them and wish they would go away. I bet they knew that before wikileaks.
I don't get this concept about behaving honorably. OK...some US diplomats have some problems with Angela Merkel. Is the world knowing they have problems with Angela Merkel going to help improve relations between the United States and Germany? Is it really helpful for diplomats of any nation not being able to speak candidly among themselves about their enemies and allies without the whole world knowing really a good thing? I can't imagine how it is a good thing.
What else? The Saudis and Egyptians don't want the Iranians to have nuclear weapons. They want the US to prevent them from getting a nuclear weapon and don't see negotiating with the Iranians as worthwhile. If Iran gets weapons, other nations in the Middle East will want nuclear weapons and the NPT will be over. Seems logical to me.
So, with this information about what the government is doing, what do you want your government to do? Here is what we know. Nobody trusts the Iranians. Those nations in the Middle East we call our allies want us to stop the Iranians from getting nuclear weapons. If we can't, they will use their considerable wealth to acquire nuclear weapons of their own. What's the answer?
Are the Iranians shocked that none of their neighbors except possibly Syria want them having nuclear weapons? Are we surprised the Sunni nations will get nuclear weapons if the Iranians do? They'll deny they want them. They'll deny trying to get them. We will know they are lying the whole time. So what?
Posted by IngoB (# 8700) on
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I'm just wondering - why does everybody assume that the content of those leaks is true? How where they fact-checked then, precisely? If I was in the secret service, I would consider Wikileaks to be a prime opportunity for disinformation at the global scale. For very little price (say calling Angela Merkel "risk averse and rarely creative" - which is what she was being elected for), you will get the public to swallow a lot of stuff. Wikileaks needs leaks to justify its existence. Nobody is in a better position to supply purpose-designed "realistic leaks" than the secret services.
Posted by Think² (# 1984) on
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Essentially because of the sheer volume, and because no national government is bothering to try to deny their authenticity (not just the US administration). On top of that, professional journalists have spent months going through the data - which suggests that what is published must be internally consistent and plausible to have passed muster.
Faking on this scale seems unlikely.
Posted by IngoB (# 8700) on
:
quote:
Originally posted by Think²:
Faking on this scale seems unlikely.
Who said anything about faking it all? Why abuse this golden opportunity for global FUD with something that is so easy to discover? I can think of multiple ways of compromising Wikileaks, and none of them would be detectable by some fools on a bulletin board (or in the press for that matter). Give the secret services some credit, there must be some non-morons in their ranks... (I'm not sure that anyone in the secret services was brilliant enough to invent Wikileaks, though even that is possible. If so,
. Seriously, that would be a genius piece of applied crowd psychology. But I'm sure that there is enough opportunistic intelligence and ability in the secret services to work Wikileaks once it's out there...)
[ 29. November 2010, 08:31: Message edited by: IngoB ]
Posted by Yerevan (# 10383) on
:
quote:
If I was in the secret service, I would consider Wikileaks to be a prime opportunity for disinformation at the global scale.
Having waded through lots of literature on intelligence gathering at one point, I'd be incredibly surprised if this isn't happening. And if it isn't, the relevant agencies are seriously stoo-pid.
Posted by Niteowl2 (# 15841) on
:
quote:
Originally posted by pjkirk:
Bullshit.
Treason: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
The case that he made an overt act giving aid and comfort to the enemies would be impossible to show (He gave documents to somebody who had the option of releasing them if they wished, etc...). Two witnesses to such an overt act would be apparently impossible (unless they can swear in computer logs now). He probably won't confess.
The private's actions were certainly illegal under the UCMJ and likely illegal under several sections of US Code, but they don't amount to treason.
This isn't the only info this guy leaked. Some was war zone intelligence - and given that we are still at war in both countries it can be said he aided and abetted the enemy. The fact that he couldn't be sure Wikileaks would publish is immaterial as that info should never have been delivered to anyone without a proper security clearance and especially to anyone not a U.S. citizen. As to witnesses - there should be logs of his computer activity - that someone should have paid attention to at the time - and the fact that he's bragged extensively about what he did. There'd be no problem convicting him, though we seem to have had a problem with charging anyone with treason since the Rosenberg fiasco. Still, I hope this guy pays dearly.
People are only focusing on this release - there have been at least 2 other occasions of massive document releases and God only knows what Wikileaks still has in reserve.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Yerevan:
quote:
If I was in the secret service, I would consider Wikileaks to be a prime opportunity for disinformation at the global scale.
Having waded through lots of literature on intelligence gathering at one point, I'd be incredibly surprised if this isn't happening. And if it isn't, the relevant agencies are seriously stoo-pid.
I think the level of notoriety of Wikileaks *now* would lead to this becoming a possibility. Prior to Manning's leaks, I doubt it. Trying to game another country via fake State Dept. leaks would be a very risky way to do it though. More likely to leak foreign documents which we have come to possess and attribute them to a leaker w/in their gov't (though depending on access levels, this creates a huge risk of losing sources).
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Niteowl2:
This isn't the only info this guy leaked. Some was war zone intelligence - and given that we are still at war in both countries it can be said he aided and abetted the enemy. The fact that he couldn't be sure Wikileaks would publish is immaterial as that info should never have been delivered to anyone without a proper security clearance and especially to anyone not a U.S. citizen. As to witnesses - there should be logs of his computer activity - that someone should have paid attention to at the time - and the fact that he's bragged extensively about what he did. There'd be no problem convicting him, though we seem to have had a problem with charging anyone with treason since the Rosenberg fiasco. Still, I hope this guy pays dearly.
People are only focusing on this release - there have been at least 2 other occasions of massive document releases and God only knows what Wikileaks still has in reserve.
The handing off of classified info most certainly is a crime. Our being at war is irrelevant. It would be very hard to make a case for treason here. I'd more likely expect some thousands of UCMJ counts brought against Manning (one per document) or espionage charges against him.
Check out http://www.slate.com/id/2262801/ for some relevant precedent and history.
Posted by Molopata The Rebel (# 9933) on
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Who cares. This is an opportunity for conspiritualists which is too good to miss. It's inevitable as soon as spooks and libations of information are involved.
Posted by RadicalWhig (# 13190) on
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Yet again, The Daily Mash is spot-on in its analysis.
Posted by Crœsos (# 238) on
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Beyond the question of why U.S. diplomats are collecting fingerprints and DNA the "key civilian and military officials" they interact with, how are they doing so?
"In my country we greet each other by exchanging cheek swabs, Mr. Prime Minister. I brought a swab for you too, General."
Posted by Erin (# 2) on
:
quote:
Originally posted by pjkirk:
The case that he made an overt act giving aid and comfort to the enemies would be impossible to show (He gave documents to somebody who had the option of releasing them if they wished, etc...). Two witnesses to such an overt act would be apparently impossible (unless they can swear in computer logs now). He probably won't confess.
The private's actions were certainly illegal under the UCMJ and likely illegal under several sections of US Code, but they don't amount to treason.
Have you actually read the news articles about this? The guy did confess (boast is more like it) in an online chat and has been sitting in isolation in the hoosegow for the past seven months.
And NiteOwl2, I meant why do you think this has to come from someone higher up the food chain? It seems quite reasonable that an intelligence analyst will have fairly generous access to documents that are not classified as top secret.
Posted by Crœsos (# 238) on
:
quote:
Originally posted by Erin:
Have you actually read the news articles about this? The guy did confess (boast is more like it) in an online chat and has been sitting in isolation in the hoosegow for the past seven months.
Allegedly confessed. I wouldn't be willing to construct a treason case around the credibility of Adrian Lamo, although apparently the U.S. government is.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Erin:
Have you actually read the news articles about this? The guy did confess (boast is more like it) in an online chat and has been sitting in isolation in the hoosegow for the past seven months.
The article is worded "or on Confession in open Court," so I'm not sure such a confession would be be sufficient, were treason charges brought up.
Posted by pjkirk (# 10997) on
:
If anybody is interested in Assange himself, some people have dug up his blog (ended in 2007). I haven't had a chance to run through it yet personally.
Available here:
http://web.archive.org/web/20071020051936/http://iq.org/
Posted by malik3000 (# 11437) on
:
Does anyone wonder if the U.S. might use Wikileaks as an excuse to clamp down on domestic use of the Internet China-style?
[ 29. November 2010, 15:24: Message edited by: malik3000 ]
Posted by Nightlamp (# 266) on
:
I have been interested to note that in the Guardians reporting they have withheld.... the name of the labour minister who was 'a bit of a hound dog where women are concerned' by all accounts a bully and a womaniser. So the Guardian that paper fighting for everything to be revealed keeps a secret. There is nothing like a bit of hypocrisy.
Posted by Molopata The Rebel (# 9933) on
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No. The Internet and its use have become almost functionally synonymous with the 1st Amendment. Seriously call that to question and Obama would be so quickly impeached that he would be lucky to escape from the White House in his pyjamas and even luckier if the NRA didn't snipe him in the grounds.
Posted by Anglican't (# 15292) on
:
quote:
Originally posted by Nightlamp:
I have been interested to note that in the Guardians reporting they have withheld.... the name of the labour minister who was 'a bit of a hound dog where women are concerned' by all accounts a bully and a womaniser.
The Guido Fawkes blog, order-order.com, has the name of the minister.
Posted by Niteowl2 (# 15841) on
:
quote:
Originally posted by malik3000:
Does anyone wonder if the U.S. might use Wikileaks as an excuse to clamp down on domestic use of the Internet China-style?
This has nothing to do with freedom of the press and everything to do with leaking Secret classified documents to a foreign country. This is also not the first publishing of the leaked materials and likely won't be the last.
Posted by Niteowl2 (# 15841) on
:
quote:
Originally posted by Erin:
[QUOTE]
And NiteOwl2, I meant why do you think this has to come from someone higher up the food chain? It seems quite reasonable that an intelligence analyst will have fairly generous access to documents that are not classified as top secret.
I was operating on how classified data was handled when I worked for a defense contractor many years ago. I have since learned they opened up the data bases to those working in war zones so everyone had access to everything without proper security safeguards. Stupid, but then it's government, right? I am still wondering, though, how no one checked logs of activity - especially by the lowly peons like this guy - a private first class with an obvious attitude.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Niteowl2:
quote:
Originally posted by malik3000:
Does anyone wonder if the U.S. might use Wikileaks as an excuse to clamp down on domestic use of the Internet China-style?
This has nothing to do with freedom of the press and everything to do with leaking Secret classified documents to a foreign country. This is also not the first publishing of the leaked materials and likely won't be the last.
They weren't leaked to a foreign country though. They were leaked to a whistleblower organization that doesn't operate under a flag. There is a pretty big difference, since they weren't leaked to "aid" anything.
Posted by Niteowl2 (# 15841) on
:
quote:
Originally posted by pjkirk:
quote:
Originally posted by Niteowl2:
quote:
Originally posted by malik3000:
Does anyone wonder if the U.S. might use Wikileaks as an excuse to clamp down on domestic use of the Internet China-style?
This has nothing to do with freedom of the press and everything to do with leaking Secret classified documents to a foreign country. This is also not the first publishing of the leaked materials and likely won't be the last.
They weren't leaked to a foreign country though. They were leaked to a whistleblower organization that doesn't operate under a flag. There is a pretty big difference, since they weren't leaked to "aid" anything.
It is still leaking classified "Secret" U.S. eyes only documents to a foreign citizen - that is a grave offense. The fact they were a "whistleblower" organization makes absolutely no difference. And again - this is not a freedom of the press issue. It is in essence espionage, even if it wasn't leaked to a foreign intelligence agent.
BTW, the head of Wikileaks is a Swiss citizen with legal troubles of his own and this mess may cause more for him as pressure is applied. The U.S. referred to international law so it will be interesting to see if that is true and if it is enforced.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Niteowl2:
It is still leaking classified "Secret" U.S. eyes only documents to a foreign citizen - that is a grave offense. The fact they were a "whistleblower" organization makes absolutely no difference. And again - this is not a freedom of the press issue. It is in essence espionage, even if it wasn't leaked to a foreign intelligence agent.
This makes sense for espionage charges against Manning, yes. You've been talking about treason charges up to this point though, which are entirely different.
quote:
BTW, the head of Wikileaks is a Swiss citizen with legal troubles of his own and this mess may cause more for him as pressure is applied. The U.S. referred to international law so it will be interesting to see if that is true and if it is enforced.
I'm curious what in this violates any tenets of international law which the US largely ignores anyways. I'm also curious if the US's non-ratification of the International Criminal Court treaty renders these moot threats. Any lawyers able to clarify?
Oh, also, from my understanding NightOwl - as a defense contractor you were under far more restrictions on classified networks than actual military members.
Posted by monkeylizard (# 952) on
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I wonder if the US is now finding it more difficult to recruit local informants. The risks associated with being an informant in those areas where informants are most needed is already extremely high. Add in that the informant's name may end up on the Interwebz and the chance of getting caught went up a few notches. I haven't read enough of the leaked docs to know if informant names have been included, but if I were considering becoming one, I'd be really worried that it would happen.
Posted by Honest Ron Bacardi (# 38) on
:
Niteowl2 wrote quote:
BTW, the head of Wikileaks is a Swiss citizen with legal troubles of his own and this mess may cause more for him as pressure is applied. The U.S. referred to international law so it will be interesting to see if that is true and if it is enforced.
If you are referring to Julian Assange, he is AFAIK an Australian citizen still. He has talked of seeking asylum in Switzerland, but that would require him to be able to demonstrate that he is unsafe in Australia, which seems an unlikely proposition.
Posted by Niteowl2 (# 15841) on
:
quote:
Originally posted by pjkirk:
Oh, also, from my understanding NightOwl - as a defense contractor you were under far more restrictions on classified networks than actual military members.
Not in this case - we did weapons system analysis and were on a naval base and had access to everything they had - but it was highly compartmentalized. You got exactly what you needed - but nothing more. The naval employees operated under the same guidelines.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Niteowl2:
quote:
Originally posted by pjkirk:
Oh, also, from my understanding NightOwl - as a defense contractor you were under far more restrictions on classified networks than actual military members.
Not in this case - we did weapons system analysis and were on a naval base and had access to everything they had - but it was highly compartmentalized. You got exactly what you needed - but nothing more. The naval employees operated under the same guidelines.
Sounds like you were on a TS/SCI then. Confidential and Secret aren't so compartmentalized.
You talk about them opening up SIPR access so much after 9/11....that's interesting, since they closed most people's accts at my unit in Korea.
Posted by RadicalWhig (# 13190) on
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I'm really surprised by the general tone of responses on this thread. I thought most people on the Ship would see a little further behind the curtain than they apparently do. The wrong is not that Wikileaks leaked this stuff, but that the governments are doing wrong in the first place: our outrage, if it is directed against wikileaks, is entirely misplaced. And yes, maybe it does make US diplomacy more difficult - given the direction of US diplomacy, that can only be a good thing.
Posted by Anglican't (# 15292) on
:
quote:
Originally posted by RadicalWhig:
The wrong is not that Wikileaks leaked this stuff, but that the governments are doing wrong in the first place.
From the stuff that has been leaked so far, the main 'wrong' is that American embassies around the world have given rather frank character assessments of the
leaders of their host countries. That's rather embarrassing for the Americans but I'm sure everyone does it and I think it's the sort of think that ought to be done on the QT.
Posted by Erin (# 2) on
:
quote:
Originally posted by RadicalWhig:
The wrong is not that Wikileaks leaked this stuff, but that the governments are doing wrong in the first place:
What wrong are they doing?
Posted by RadicalWhig (# 13190) on
:
Well, lobbying German MPs and MEPs to support American data-sharing for a start, which is contrary to the German Constitution.
Posted by malik3000 (# 11437) on
:
quote:
Originally posted by Niteowl2:
quote:
Originally posted by malik3000:
Does anyone wonder if the U.S. might use Wikileaks as an excuse to clamp down on domestic use of the Internet China-style?
This has nothing to do with freedom of the press and everything to do with leaking Secret classified documents to a foreign country. This is also not the first publishing of the leaked materials and likely won't be the last.
I didn't say the WikiLeaks case had to do with freedom of the press. I was just wondering if perchance the situation might be used as an excuse anyway. And, as paranoid as some might consider me (wrongly i hope), i wasn't even saying that i thought this is what will happen. I was just wondering, thinking out loud as it were, and threw it out in case anyone might want to say anything.
<tangent>My policy in putting stuff on the Internet is, quite frankly, i have no expectation of privacy. If anyone REALLY wants to find out everything about me on the internet and has the hacker skills, they will. I just don't put stuff on the internet of that crucial a nature. Even my banking info is not such that i could be left destitute if they cleaned me out -- not that i'd want that. And as far as anything else, mild embarassment i could live with if it came to that. </tangent>
Posted by Squibs (# 14408) on
:
quote:
Originally posted by pjkirk:
If anybody is interested in Assange himself, some people have dug up his blog (ended in 2007). I haven't had a chance to run through it yet personally.
Available here:
http://web.archive.org/web/20071020051936/http://iq.org/
I quite like this entry:
http://web.archive.org/web/20071020051936/http://iq.org/#Witnessing
Posted by Squibs (# 14408) on
:
This one made me laugh - but for the wrong reasons.
http://web.archive.org/web/20071020051936/http://iq.org/#Canberra
[ 29. November 2010, 18:48: Message edited by: Squibs ]
Posted by Erin (# 2) on
:
quote:
Originally posted by RadicalWhig:
Well, lobbying German MPs and MEPs to support American data-sharing for a start, which is contrary to the German Constitution.
Lobbying is wrong? You have such a wide definition of wrong as to be useless.
Posted by Niteowl2 (# 15841) on
:
quote:
Originally posted by malik3000:
I didn't say the WikiLeaks case had to do with freedom of the press. I was just wondering if perchance the situation might be used as an excuse anyway.
Had this been another Washington Post expose I might envision that happening. But with bloggers and those with server space in other countries to serve up whatever private papers they get access to, it's pretty much a lost cause by now.
The only other worrisome thing is the government is now taking upon itself to police pirating sites. This past week saw DHS seizing domains that provided copyrighted material they didn't have authorization to: Government Seizes Pirate Domains I fear this could lead to greater government oversight of the web and what we do and don't have access to.
Posted by dyfrig (# 15) on
:
quote:
Originally posted by RadicalWhig:
Well, lobbying German MPs and MEPs to support American data-sharing for a start, which is contrary to the German Constitution.
Is it actually illegal to lobby a German MP or MEP?
Posted by orfeo (# 13878) on
:
quote:
Originally posted by RadicalWhig:
Well, lobbying German MPs and MEPs to support American data-sharing for a start, which is contrary to the German Constitution.
Assuming that there is anything contrary to the German Constitution, that is a matter for German MPs as law-makers to worry about, not American diplomats. It is a reason for the MPs to say 'no', not a reason for the Americans to not lobby.
Posted by Martin PC not & Ship's Biohazard (# 368) on
:
In that case Croesos it's an act of war, nuke the bastard.
Posted by Niteowl2 (# 15841) on
:
quote:
Originally posted by Honest Ron Bacardi:
If you are referring to Julian Assange, he is AFAIK an Australian citizen still. He has talked of seeking asylum in Switzerland, but that would require him to be able to demonstrate that he is unsafe in Australia, which seems an unlikely proposition.
My mistake. I knew that he had legal troubles and Switzerland had been mentioned and forgot about his Australian citizenship. I agree that asylum seems an unlikely possibility. I have a feeling his legal troubles are going to mount and he's going to be unwelcome just about everywhere.
Posted by pjkirk (# 10997) on
:
I was a bit surprised to see the US Defense Secretary (military chief, 2nd to the President), Robert Gates, speak up on this today.
http://thecaucus.blogs.nytimes.com/2010/11/30/gates-on-leaks-wiki-and-otherwise/?
quote:
Every other government in the world knows the United States government leaks like a sieve, and it has for a long time......
........Now, I’ve heard the impact of these releases on our foreign policy described as a meltdown, as a game-changer, and so on. I think those descriptions are fairly significantly overwrought...........
..........Is this embarrassing? Yes. Is it awkward? Yes. Consequences for U.S. foreign policy? I think fairly modest."
Knowing how Gates operates (very modestly), I have a very hard time not thinking this is the official administration viewpoint.
Posted by Beeswax Altar (# 11644) on
:
Should Hillary Clinton resign as Secretary of State?
Assange says she should resign. No doubt his opinion carries a lot of weight. Jack Schafer of Slate is also calling for her to step down. His reasoning is that the leaks makes it impossible for her to be an effective Secretary of State. I see his point but the next secretary of state would do the same thing.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Beeswax Altar:
Should Hillary Clinton resign as Secretary of State?
Assange says she should resign. No doubt his opinion carries a lot of weight. Jack Schafer of Slate is also calling for her to step down. His reasoning is that the leaks makes it impossible for her to be an effective Secretary of State. I see his point but the next secretary of state would do the same thing.
Honestly, those calls somewhat mystify me. Outside of the UN thing, which while I find it disgusting, doesn't seem that severe, I can't think of any reason for it.
Honestly, these leaks have largely improved my opinion of her and Obama on foreign policy.
Posted by mousethief (# 953) on
:
quote:
Originally posted by Niteowl2:
quote:
Originally posted by malik3000:
I didn't say the WikiLeaks case had to do with freedom of the press. I was just wondering if perchance the situation might be used as an excuse anyway.
Had this been another Washington Post expose I might envision that happening. But with bloggers and those with server space in other countries to serve up whatever private papers they get access to, it's pretty much a lost cause by now.
You miss the point. It's not that they would restrict internet content in order to stop the leaks. It's that they would use the leaks as an excuse to restrict internet content.
Posted by mousethief (# 953) on
:
quote:
Originally posted by Apocalypso:
As always, the questions that such activities raise are:
1. Why is it being done? What is leaking this stuff meant to accomplish?
It draws our attention away from really important things. Anything really important going on that we want the public to not pay attention to? Let's leak some unimportant documents to wikileaks! Yeah!
Posted by Timothy the Obscure (# 292) on
:
quote:
Originally posted by Anglican't:
quote:
Originally posted by RadicalWhig:
The wrong is not that Wikileaks leaked this stuff, but that the governments are doing wrong in the first place.
From the stuff that has been leaked so far, the main 'wrong' is that American embassies around the world have given rather frank character assessments of the
leaders of their host countries. That's rather embarrassing for the Americans but I'm sure everyone does it and I think it's the sort of think that ought to be done on the QT.
Clinton said that one foreign leader's response was, "Don't worry about it, you should see what we say about you." I don't think anybody's going to take it that personally (except Berlusconi, but it's not exactly breaking news that he's vain, feckless, and ineffective).
Posted by Desert Daughter (# 13635) on
:
well, these people said the same things as the man in the street. Part of the outrage stems from the erroneous assumption that those who govern us are somehow superior human beings.
And besides, what's new? People think that Iran is dangerous, that Sarkozy is a clothless emperor, that Putin loves to play the Alpha dog, that Berlusconi is a ridiculous old lecher and that there are (at least according to Prince Andrew, with whom I must agree in this particular case) close similarities between doing business in France and Kyrgyztan.
We all guessed so much, didn't we?
Quite apart from a sensible discussion about press freedom (and that freedom can only be granted to those willing and able to take responsibilities), much of the public outrage is pure self-righteousness. Are we better than those who govern us? Why should they be better than us? They're just elites of rank, not of character. And we let them.
Posted by Think² (# 1984) on
:
Most of it is mildly embarrassing gossip, but, it matters where you have governments that may not react rationally. Iran and North Korea spring to mind.
Posted by RadicalWhig (# 13190) on
:
quote:
Originally posted by Apocalypso:
As always, the questions that such activities raise are:
1. Why is it being done? What is leaking this stuff meant to accomplish?
According to Assange,
quote:
"The more secretive or unjust an organization is, the more leaks induce fear and paranoia in its leadership and planning coterie. This must result in minimization of efficient internal communications mechanisms (an increase in cognitive "secrecy tax") and consequent system-wide cognitive decline resulting in decreased ability to hold onto power as the environment demands adaption.
Hence in a world where leaking is easy, secretive or unjust systems are nonlinearly hit relative to open, just systems. Since unjust systems, by their nature induce opponents, and in many places barely have the upper hand, mass leaking leaves them exquisitely vulnerable to those who seek to replace them with more open forms of governance."
I'd say that's a pretty noble purpose.
[ 01. December 2010, 08:57: Message edited by: RadicalWhig ]
Posted by Enoch (# 14322) on
:
Radical Whig I don't agree with you. This is no cleverer than Jerry Springer the Opera but with live ammunition. Just as the writers of that are saying 'look how clever we are', so are this lot. It's 'Wow. Isn't it terrible. You didn't realise till we wonderful, daring, noble people exposed them to you that that the emperor has no clothes, and politicians, diplomats, the top ranks of the military are devious, tell lies and hypocritical'.
I liked the comment by someone replying to the Guido Fawkes blog on the vital international question as to 'who is the hound dog?'
quote:
I suppose the Guardian didn’t name him because “un-named government minister" attracts more attention than .......... who no one has ever heard of.
Posted by Niteowl2 (# 15841) on
:
Assange is now #1 on the Interpol's Most Wanted list as he's wanted in Sweden on sex crimes charges posted earlier this year. Assange Most Wanted for Sex Crimes
Posted by RadicalWhig (# 13190) on
:
Oh yes, he's wanted alright. But do you really believe these "sex crime" charges have any substance behind them? It's a political set-up.
His only crime was embarrassing the mighty; if he goes down, it will be as a martyr to the truth.
Posted by Niteowl2 (# 15841) on
:
quote:
Originally posted by RadicalWhig:
Oh yes, he's wanted alright. But do you really believe these "sex crime" charges have any substance behind them? It's a political set-up.
His only crime was embarrassing the mighty; if he goes down, it will be as a martyr to the truth.
Oh please, Assange is no saint or martyr. He's a self centered twit who sees himself as the arbiter of truth. Since the charges were filed prior to the leaks I highly doubt Sweden would trump up charges, nor would Interpol put him on the red list. There has to be evidence to go along with this and it will have to be strong enough to gain a conviction.
Posted by RadicalWhig (# 13190) on
:
Utter nonsense.
Wake up and smell the coffee.
[ 01. December 2010, 13:50: Message edited by: RadicalWhig ]
Posted by Imaginary Friend (# 186) on
:
quote:
Originally posted by pjkirk:
Honestly, these leaks have largely improved my opinion of her and Obama on foreign policy.
Yeah, I think they should be commended for (as an example) standing up to Saudi pressure to do something stupid in Iran. The vast majority of what has been released so far has been in the 'No shit, Sherlock!' category of obviousness. Of course Middle Eastern countries want the US to be tougher on Iran; of course Russia is corrupt; of course Prince Andrew is a tit; of course diplomats sometimes get things a bit wrong. But by and large I would say the absence of anything truly monumental* shows that the US is doing a decent job. Not perfect, but decent.
* Okay, the UN spying thing is a possible exception to that.
Posted by Niteowl2 (# 15841) on
:
quote:
Originally posted by RadicalWhig:
Utter nonsense.
Wake up and smell the coffee.
I put out the entire pot for you to smell. We'll have to agree to disagree. The evidence will be made public after the arrest or during his trial. Perhaps we'll revisit the topic then.
Edited to add: The earlier leaks that were published contained military secrets - those combined with some of what was disclosed this time around will, at the very least make international diplomacy impossible and at the most cost the lives of military or intelligence agents. I cannot think any person who is only out for the public good would intentionally do that.
[ 01. December 2010, 14:01: Message edited by: Niteowl2 ]
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Niteowl2:
quote:
Originally posted by RadicalWhig:
Utter nonsense.
Wake up and smell the coffee.
I put out the entire pot for you to smell. We'll have to agree to disagree. The evidence will be made public after the arrest or during his trial. Perhaps we'll revisit the topic then.
Edited to add: The earlier leaks that were published contained military secrets - those combined with some of what was disclosed this time around will, at the very least make international diplomacy impossible and at the most cost the lives of military or intelligence agents. I cannot think any person who is only out for the public good would intentionally do that.
You both are wrong.
RW - You're being very gullible buying into Assange's paranoid ramblings about this. Combine the source of the complain (an employee who he was with), the slow ramp-up of events, and a country who is already pissed at the US for goofing around in their government, and Assange sounds like a lunatic. His fleeing the country certainly didn't help. The progression of the case through investigation, warrant, etc, to the current state is pretty damn above-board. Pretty slow too, were it a trumped case.
While I don't believe he is a rapist, the charges which were first levied against him include behavior which would be legal in the US/UK but not in Sweden (the criminal molestation charges). His actions since then in fleeing and statements about the reasoning behind the charges certainly haven't helped him.
NO2 - Feel free to offer more than assertion that this cripples our diplomacy. The pretty much official line given by Gates certainly belies that. The content of these messages certainly belies that as well (i.e. not damaging). Heck, in a few specific crisis areas, I could argue strongly that they will help our diplomacy efforts (Iran, NK). Outside of moving some staff around, how have they possibly made diplomacy "impossible"?
Posted by PaulBC (# 13712) on
:
Wikileaks should be shut down and its owner arrested and jailed. He has put many people's
lives in danger .It also makes many nations
intelligence agencies ablity to know what other so & so's are up to much more difficult
Classified material must never be released ever.
Posted by Wisewilliam (# 15474) on
:
Posted by Radical Whig:
I'm really surprised by the general tone of responses on this thread. I thought most people on the Ship would see a little further behind the curtain than they apparently do. The wrong is not that Wikileaks leaked this stuff, but that the governments are doing wrong in the first place: our outrage, if it is directed against wikileaks, is entirely misplaced. And yes, maybe it does make US diplomacy more difficult - given the direction of US diplomacy, that can only be a good thing.
--------------------
It isn't so much a question of the leaks making public that which ought not to have been kept secret. It is, rather, the inhibition the leaks impose on anyone required to brief political heads or diplomats who are negotiating on behalf of the United States. I cannot see how anyone sent to represent their country can be expected to deal adequately with whomever he or she is to meet without a frank and honest assessment of whoever is sitting on the other side of the table. Representatives are entitlted to be told that the person sitting opposite has a quick temper and reacts badly to suggestions that they are indecisive. Yet revealing such assessments is offensive and can poison negotiations to the point where the intersts of the country are inadequately served. I agree about unecessary secrecy, but privacy, especially personal assessments of individuals is essential to effecitive international relations.
Wikileaks is a dangerous, offensive, ego-erving piece of bravado. It should be stopped.
Posted by Ricardus (# 8757) on
:
quote:
Originally posted by Desert Daughter:
And besides, what's new? People think that Iran is dangerous, that Sarkozy is a clothless emperor, that Putin loves to play the Alpha dog, that Berlusconi is a ridiculous old lecher and that there are (at least according to Prince Andrew, with whom I must agree in this particular case) close similarities between doing business in France and Kyrgyztan.
... that Britain promised to protect American interests at the Chilcot inquiry into the Iraq War?
Posted by RadicalWhig (# 13190) on
:
quote:
Originally posted by Wisewilliam:
Wikileaks is a dangerous, offensive, ego-erving piece of bravado. It should be stopped.
The United States is a dangerous, offensive, ego-erving piece of bravado. Ought it to be stopped too?
Posted by Crœsos (# 238) on
:
quote:
Originally posted by PaulBC:
Wikileaks should be shut down and its owner arrested and jailed.
Arrested for what? As I noted earlier, U.S. law doesn't permit the prosecution of journalists or private individuals for disclosing classified information.
quote:
Originally posted by PaulBC:
He has put many people's lives in danger.
You seem to be taking a harder line on this than those bleeding heart lefties over at the Pentagon.
quote:
Pentagon spokesman Geoff Morrell has said previously that there was no evidence that anyone had been killed because of the leaks. Sunday, another Pentagon official told McClatchy that the military still has no evidence that the leaks have led to any deaths. The official didn't want to be named because of the issue's sensitivity.
quote:
Originally posted by PaulBC:
It also makes many nations intelligence agencies ablity to know what other so & so's are up to much more difficult
Actually, I think it might make it a lot easier. All they have to do is go to Wikileaks.
quote:
Originally posted by PaulBC:
Classified material must never be released ever.
Never? Because our benevolent rulers will always keep secrets from us for our own good, never to conceal their own monumental fuck ups or criminal actions?
Of course most people taking this position usually only extend such deference to governments they like. I doubt very many shipmates would object to an exposé of a secret network of Chinese or Cuban prisons where enemies of those nations were routinely tortured, and yet object when such revelations are of American activity along those lines.
Posted by pjkirk (# 10997) on
:
Wikileaks cables reveal....even Canadian secrets are boring!
http://www.theatlanticwire.com/features/view/feature/Wikileaks-Cables-Reveal-That-Canada-Is-Boring-2668
Posted by Wisewilliam (# 15474) on
:
{psted by Radical;l Whig
Originally posted by Originally posted by Wisewilliam:
Wikileaks is a dangerous, offensive, ego-erving piece of bravado. It should be stopped.
--------------------------------------------------------------------------------
The United States is a dangerous, offensive, ego-(s)erving piece of bravado. Ought it to be stopped too?
I trust the next time Radical Whig is seeking funds for his department no local version of Wikileaks has not uncovered a note written by him suggesting that his budget masters are ignorant boobs who do not understand the needs.
Posted by Niteowl2 (# 15841) on
:
quote:
Originally posted by pjkirk:
NO2 - Feel free to offer more than assertion that this cripples our diplomacy. The pretty much official line given by Gates certainly belies that. The content of these messages certainly belies that as well (i.e. not damaging). Heck, in a few specific crisis areas, I could argue strongly that they will help our diplomacy efforts (Iran, NK). Outside of moving some staff around, how have they possibly made diplomacy "impossible"?
Hillary is putting a good spin on it at the moment, but diplomats and leaders of other countries are not going to be as open, honest and frank as they have been in the past. This is going to have a crippling effect on diplomacy as all of these things are critical in a) hammering out deals and b) gaining a consensus in taking any global action. This is going to be true between other countries, not just involving the U.S. With respect to us, we are no longer trusted to keep delicate negotiations and confidences private, which puts us at a disadvantage in any international relationship.
Posted by Niteowl2 (# 15841) on
:
People are also forgetting the earlier leaks involved classified military documents of active war zones and leaks involving intelligence agents. Some of the diplomatic leaks involved Islamic nation states voicing opinions and requests that are in conflict with the radical Islamists in their respective countries, i.e. Pakistan and Saudi Arabia, which could result in terrorist attacks and/or coup attempts in those countries as a result of those leaks. The total amount of Wikileaks publishings could result in loss of human life.
The private who leaked the info and and the head of Wikileaks are arrogant asses who care more for their self image of world judges than for the possible result of their actions.
Posted by Chill (# 13643) on
:
quote:
Originally posted by Erin:
Lobbying is wrong? You have such a wide definition of wrong as to be useless.
How about shooting toddlers I’m fairly sure that is wrong. If not you have a definition of wrong which is too narrow to be of any ethical value.
Along with all the other crap we are reading about he leaked the gun sight footage of the massacre in New Bagdad. Publicly demonstrating what collateral damage is in practical terms.
This revealed, at best, a white was of a monumental fuck up. To me it looked like a cover up of criminal negligence or worse. Yes it was a hot zone and yes combat personal sometimes make mistakes. Still if I had access to that video I would have leaked like dear Liza bucket. At least I hope I’d have the moral courage to follow my conscience and do as Bradley Manning did.
I feel that the fate of two small children wounded as their father died hunched over their bodies to shield them is, just maybe, in the public interest. The fact that their dad died trying to help a wounded, unarmed non-combatant because they were mistaken for hostiles might be worth knowing.
Given that the blood from this conflicts continues to flow as I write this it just seems pertinent to the public interest. More innocents die and more solders come home in body bags as we debate if Bradley did the wrong thing. Its tricky defining right and wrong but I thick he’s a Hero.
Posted by Crœsos (# 238) on
:
quote:
Originally posted by Niteowl2:
People are also forgetting the earlier leaks involved classified military documents of active war zones and leaks involving intelligence agents. Some of the diplomatic leaks involved Islamic nation states voicing opinions and requests that are in conflict with the radical Islamists in their respective countries, i.e. Pakistan and Saudi Arabia, which could result in terrorist attacks and/or coup attempts in those countries as a result of those leaks. The total amount of Wikileaks publishings could result in loss of human life.
The private who leaked the info and and the head of Wikileaks are arrogant asses who care more for their self image of world judges than for the possible result of their actions.
Just so we're clear, you're arguing that:
- Leaks portraying accurate information that might inspire violence (but hasn't yet) is a horrendous crime.
- Lies used to market a war that killed thousands, made millions refugees, and unquestionably inspires terrorism are not only okay, but should be actively protected from being revealed as false.
Posted by Erin (# 2) on
:
quote:
Originally posted by Chill:
quote:
Originally posted by Erin:
Lobbying is wrong? You have such a wide definition of wrong as to be useless.
How about shooting toddlers I’m fairly sure that is wrong. If not you have a definition of wrong which is too narrow to be of any ethical value.
Talk about your non sequiturs. Jesus.
Posted by Crœsos (# 238) on
:
quote:
Originally posted by Erin:
quote:
Originally posted by Chill:
quote:
Originally posted by Erin:
Lobbying is wrong? You have such a wide definition of wrong as to be useless.
How about shooting toddlers I’m fairly sure that is wrong. If not you have a definition of wrong which is too narrow to be of any ethical value.
Talk about your non sequiturs. Jesus.
I'm pretty sure Chill is referring to WikiLeak's "Collateral Murder" video, during which two children were shot.
Posted by Timothy the Obscure (# 292) on
:
I think the first round of leaks about the Iraq war was an important disclosure of governmental misconduct in a fundamentally unjustifiable war. This second round has been titillating, but trivial, and on the whole has probably done slightly more harm than good (though I think the harm has been minimal). I do think that outing Arab attitudes toward Iran and Chinese attitudes toward North Korea is probably a good thing, but the rest is not worth the bother.
Posted by Niteowl2 (# 15841) on
:
quote:
Originally posted by Crœsos:
Just so we're clear, you're arguing that:
- Leaks portraying accurate information that might inspire violence (but hasn't yet) is a horrendous crime.
- Lies used to market a war that killed thousands, made millions refugees, and unquestionably inspires terrorism are not only okay, but should be actively protected from being revealed as false.
First question is yes, that is horribly bad because of the very possible reality that lives could be lost even if they haven't yet. This is especially true in Arab countries where leaders face the very real possibility of Islamic jihadists overthrowing their government because of the opinions expressed privately to us were made public. As I've already stated Pakistan and Saudi Arabia are just 2 of those countries.
The fact that diplomacy has just been made a lot more difficult between all nations because leaders and diplomats aren't going to be as open as they once were also makes this a very bad thing.
Second, it had already been proven that the Iraq war was based on falsehood, but there were other highly classified military documents released - and that is a horrendous crime for a U.S. citizen. I've stated before I think the private is guilty of treason - that's how bad I think it is.
The world is less safer and less transparent, not more transparent with the release of all of these documents.
Posted by Enoch (# 14322) on
:
From link to the Atlantic Wire posted by P J Kirk
quote:
We need to do everything we can to make it more difficult for Canadians to fall into the trap of seeing all U.S. policies as the result of nefarious faceless U.S. bureaucrats anxious to squeeze their northern neighbor.
Could there be a reason why a lot of Canadians think that?
Posted by Chill (# 13643) on
:
quote:
Originally posted by Crœsos:
I'm pretty sure Chill is referring to WikiLeak's "Collateral Murder" video, during which two children were shot.
Yes I was Crœsos thanks for the link.
Over all I feel Manning did a good thing and revealed some real injustices. Of course not every leek was earth shattering. When a person takes such risks I think you would be wise to expect an attitude of; ‘in for a penny in for a pound’.
Of course the release of data has been stage managed for maximum exposure. With investigative journalism some sensationalism and milking of a story is grist for the mill. The stage managed timing by wiki leaks aside some of this stuff ought to be mandatory reading/viewing for voters. So over all is it worth it and are the leeks in the public interest I would have to say yes.
Posted by Ricardus (# 8757) on
:
quote:
Originally posted by Ricardus:
quote:
Originally posted by Desert Daughter:
And besides, what's new? People think that Iran is dangerous, that Sarkozy is a clothless emperor, that Putin loves to play the Alpha dog, that Berlusconi is a ridiculous old lecher and that there are (at least according to Prince Andrew, with whom I must agree in this particular case) close similarities between doing business in France and Kyrgyztan.
... that Britain promised to protect American interests at the Chilcot inquiry into the Iraq War?
... that David Miliband hoodwinked Parliament into letting the Americans bring cluster bombs into the country?
Posted by Erin (# 2) on
:
quote:
Originally posted by Chill:
So over all is it worth it and are the leeks in the public interest I would have to say yes.
I've never really liked leeks. Too oniony.
I'm not sure how thrilled I am that our army intelligence officers live by such a fundamentally stupid adage as "in for a penny, in for a pound". Of course, if you've been demoted and are in the process of receiving an other than routine discharge, I guess I can't expect too much of your reasoning skills.
Posted by Crœsos (# 238) on
:
quote:
Originally posted by Niteowl2:
First question is yes, that is horribly bad because of the very possible reality that lives could be lost even if they haven't yet. This is especially true in Arab countries where leaders face the very real possibility of Islamic jihadists overthrowing their government because of the opinions expressed privately to us were made public. As I've already stated Pakistan and Saudi Arabia are just 2 of those countries.
You shouldn't worry so much about despotic Middle Eastern regimes having to answer to their people. They've got ways of dealing with issues like this.
quote:
Authoritarian governments and tightly controlled media in China and across the Arab Middle East have suppressed virtually all mention of the documents, avoiding the public backlash that could result from such candid portrayals of their leaders' views.
In China, the WikiLeaks site has been blocked by the government's "Great Firewall," and access to other sources for the documents has been restricted. Most Chinese are unable to read the contents of the diplomatic cables - including reports that China's Politburo ordered the hacking of Google's computer system and that Chinese leaders expressed frustration that ally North Korea was behaving like a "spoiled child."
In many Arab countries, the mainstream media have largely avoided reporting on the sensitive contents of the cables, including accounts of Arab leaders drinking alcohol and siding with Israel in advocating a U.S. military strike on Iran's nuclear facilities.
The secrecy and deception you advocate is being maintained in the dictatorships you seem most worried about, so you can relax a bit.
Posted by ken (# 2460) on
:
I'm not sure how much credibility we need to give to the geopolitical perspective of someone who thinks that Pakistan is an Arab country.
Posted by Alogon (# 5513) on
:
Diplomacy has always required secrecy, because diplomacy is an ingredient of making deals with people whom you can't stand, and who probably hate you in return.
All I've read thus far are a a couple of summaries in newspaper articles; but they make depressing reading as to the challenges and failures of contemporary American diplomacy. The number and variety of asses we must hire public officials to kiss nowadays, simply so we can blithely go on living in the manner to which we have become accustomed (particularly in our addiction to fossil fuels) makes sobering reading, and one suspects that the party cannot go on much longer.
It's about time that the ostrich's head is pulled out of the sand.
Posted by Eutychus (# 3081) on
:
I would like to know from the pro-Wikileaks folks on this thread how leaking the list of facilities vital to US security contributes to the site's stated aim of quote:
providing a universal way for the revealing of suppressed and censored injustices
This week's Economist beautifully describes Wikileaks as quote:
a secretive and autocratic outfit that campaigns for openness
I repeat my charge that this is attention-whoring, not whistle-blowing. In fact I think it's doing incalculable damage to deserved whistleblowing.
Posted by Sir Pellinore (ret'd) (# 12163) on
:
The most recent Wikileaks (to the Guardian & on) seem to prove the US Department of State (which I believe runs your Foreign Service) is basically quite sane and normal.
There seem to be far, far more bizarre people elsewhere.
Posted by Molopata The Rebel (# 9933) on
:
quote:
Originally posted by Eutychus:
I would like to know from the pro-Wikileaks folks on this thread how leaking the list of facilities vital to US security contributes to the site's stated aim of quote:
providing a universal way for the revealing of suppressed and censored injustices
This week's Economist beautifully describes Wikileaks as quote:
a secretive and autocratic outfit that campaigns for openness
I repeat my charge that this is attention-whoring, not whistle-blowing. In fact I think it's doing incalculable damage to deserved whistleblowing.
I read the Economist article and was left wondering with their analysis would have been the same had they hauled out Chinese, Pakistani or Russian diplomatic correspondence. I surmise their reprimand would have been somewhat milder. E.g. would The Economist et al find it as damaging if it were to become public where China see its worldwide vital installations? I think not. But by the same token Wikipedia should pick on someone else other than the Americans next time (...if there is a next time).
PS. I don't think I'm pro Wikileaks (this time round at least), but the latest revelations should have made the US aware that if a whistle-blowing outfit can get hold of such sensitive information, several other powerful countries probably can too. Although under embarrassing circumstances, realising this could be helpful to them.
Posted by Molopata The Rebel (# 9933) on
:
Ok, a question on my part: We are divided whether Wikileaks is moral and good or not. Currently, they certainly seem to be persecuted (rightly or wrongly). PayPal has distanced themselves from them (IMO because they've wet their pants over what the US legal system and media might do to them), and the Swiss post office has cancelled their account on a technicality they normally wouldn't worry too much about.
So is Wikileaks even legal? And if so, where?
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Molopata The Rebel:
So is Wikileaks even legal? And if so, where?
At least for these cables, the question of Wikileaks legality rests mostly on questions of jurisdiction (as I see it).
If a US court decides that the US gov't has jurisdiction to try Wikileaks, the Dept. of Justice has already put in place some framework for an espionage case (thought there's questions as to applicability of those statutes to the case). Generally, this sort of leak is not prosecuted if it comes via a news outlet. Wikileaks is largely seen as an illegitimate news outlet though (and a case which rests on that assumption would have a very tenuous progression through the appeals process).
Then the question arises...just who do you prosecute? Do you prosecute the organization? Depending on how they are incorporated (if at all), this may just shut them down, and leave them able to open another day. Does the US recognize their incorporation under the laws of whatever country they may have incorporated in? (doubtful). Are they even registered in *any* country? (also doubtful) Do you try the people involved? Well, who? Assange? The entire board of directors? Every volunteer? The hundreds of sites now spreading this information?
Prosecution of this case would not be an easy thing to undergo once lawyers and appeals get involved.
Posted by Crœsos (# 238) on
:
quote:
Originally posted by pjkirk:
Generally, this sort of leak is not prosecuted if it comes via a news outlet. Wikileaks is largely seen as an illegitimate news outlet though (and a case which rests on that assumption would have a very tenuous progression through the appeals process).
This is problematic under U.S. law from a first amendment point of view. The U.S. doesn't officially license news agencies, so there's no real mechanism for demonstrating that something is "an illegitimate news outlet". The only way to do that is to prove that something isn't a news outlet at all but rather something else, like an espionage ring. Given that Wikileaks seems to be operating in a manner similar to other news outlets handling leaks (sources recieve no payment, only the possibility that leaked information may be published), I don't see a way to make a legal distintion between WikiLeaks and the New York Times under U.S. law.
Posted by Think² (# 1984) on
:
If a soldier let a load of strangers into a nuclear base - you'd be able to evict them. And probably prosecute them for trespass (whilst the charges against the soldier would be more serious). There doesn't seem to be an equivalent for information.
Posted by Crœsos (# 238) on
:
quote:
Originally posted by Think²:
If a soldier let a load of strangers into a nuclear base - you'd be able to evict them. And probably prosecute them for trespass (whilst the charges against the soldier would be more serious). There doesn't seem to be an equivalent for information.
Unlike access to military installations, the publishing of factually accurate information is an activity specifically protected by the U.S. Constitution.
Posted by Honest Ron Bacardi (# 38) on
:
In any event, pursuing a nebulous entity such as Wikileaks, which is neither a person nor a corporation, is going to be highly problematic. Perhaps the US PTB have simply decided that they will go for maximum entanglement and reverse-annoyance in the hope somebody will be tempted to break a law in a more obvious fashion.
Molopata the Rebel wrote: quote:
Ok, a question on my part: We are divided whether Wikileaks is moral and good or not.
I think only about 5 or so people have ventured an unqualified "good or bad". Most of the rest of us have been pursuing other things such as an interest in consequences. Maybe I'm reading too much into that, but perhaps it suggests that we have as much a division of opinion within ourselves as those others have between themselves.
Posted by Alogon (# 5513) on
:
quote:
Originally posted by RadicalWhig:
I thought most people on the Ship would see a little further behind the curtain than they apparently do. The wrong is not that Wikileaks leaked this stuff, but that the governments are doing wrong in the first place: our outrage, if it is directed against wikileaks, is entirely misplaced. And yes, maybe it does make US diplomacy more difficult - given the direction of US diplomacy, that can only be a good thing.
The more I read, the more sympathetic I become to Wikileaks and those working for it. Any little guy who manages to embarrass a government or corporate big guy without any violence or mayhem whatsoever has has my prima facie admiration. The information is out now and just shutting down the Wikileaks website will not put the genie back in the bottle. There are numerous mirror sites.
What comes out in the New York Times series of articles is the unpleasant surprises regarding problems that we thought had been solved, such as the number of parties circling like vultures over Iraq upon the departure of Americans. Every country and insurgent organization in the region has designs on Iraq. The legitimate government will probably be unable to cope with the threats and challenges to be unleashed. This issue just one example of the ways in which, in the most general terms, our elected officials still refuse to be straight with the voters, instead lulling them with rosy scenarios. What innocent parties would be threatened, or foreign-policy interests compromised, if a President or a Secretary of State were more forthcoming as to a gathering storm abroad?
Posted by Molopata The Rebel (# 9933) on
:
quote:
Originally posted by Honest Ron Bacardi:
In any event, pursuing a nebulous entity such as Wikileaks, which is neither a person nor a corporation, is going to be highly problematic. Perhaps the US PTB have simply decided that they will go for maximum entanglement and reverse-annoyance in the hope somebody will be tempted to break a law in a more obvious fashion.
Maybe that is why a lot of people are focussing on arresting Assange. I'm concerned that it is beginning to gain the hue of a witch-hunt. Maybe I've watched too many spy films, but the rape charges at this point *feel* fishy. Compound this with some of the other constraints being placed on him, I would not be surprised if Assange was being framed. But regardless whether the charges do stand up in the courts of law, an example has been set: think twice before you copy him.
Posted by Eutychus (# 3081) on
:
quote:
Originally posted by Alogon:
quote:
Originally posted by RadicalWhig:
I thought most people on the Ship would see a little further behind the curtain than they apparently do. The wrong is not that Wikileaks leaked this stuff, but that the governments are doing wrong in the first place (...)
The more I read, the more sympathetic I become to Wikileaks and those working for it. Any little guy who manages to embarrass a government or corporate big guy without any violence or mayhem whatsoever has has my prima facie admiration.
The fact that governments misbehave does not justify any and every counter-action. Wikileaks is at once indiscriminate (in terms of just releasing huge dollops of information) and discriminatory (it now seems to be targeting the US exclusively). The more it simply appears to publish any and every US classified document it can get its hands on, the more it looks puerile. (Another interesting question is qui bono? at this point. What's to say Wikileaks isn't now being funded by Al Qaeda, say, or the Chinese government
)
I say 'appears to publish' because there is no such thing as dissemination of information without editorial control. We don't know what Wikileaks might have chosen not to publish or why. And since the content it is publishing no longer seems to add up to its stated aims, there's no telling what it might leak next. Alogon, would you be still be so delighted if it was your e-mail account?
As to the sexual assault charges, on the one hand the timing is fishy. On the other, Assange strikes me as someone who has an unwavering sense of his own righteousness and entitlement to do as he likes (which reminds me of some charismatic church leaders) and in that light the allegations sound quite plausible to me.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Eutychus:
Wikileaks is at once indiscriminate (in terms of just releasing huge dollops of information) and discriminatory (it now seems to be targeting the US exclusively). The more it simply appears to publish any and every US classified document it can get its hands on, the more it looks puerile.
Of course, it isn't publishing every US classified document it can get its hands on. It was given a huge number of them in one dump, and is publishing those until they're gone. One upload to them, that's it. They have even expressed some great annoyance to the backlog they have gained while trying to work through this dataset and wishing to move on.
Indiscriminate? Sure, and I'm not sure how I feel about that. Discriminatory? That's simply a laughable claim without making up assertions about them.
Posted by orfeo (# 13878) on
:
Like Eutychus, I am less than impressed with the publication of a list of critical assets/facilities.
Some of the bluster against Wikileaks seems exaggerated, but when something of that nature is published, it really does seem that they don't give much thought to the damage that might be caused.
Posted by Eutychus (# 3081) on
:
quote:
Originally posted by pjkirk:
Of course, it isn't publishing every US classified document it can get its hands on. It was given a huge number of them in one dump, and is publishing those until they're gone.
At the least, it looks biased. I haven't heard many Wikileaks about, say, human-rights abuses in North Korea this week. They are under no obligation to keep on publishing everything they have, and in fact I'm sure they aren't - see my point above. Their actions are a semblance of transparency, not actual transparency. Does US diplomatic intelligence suck at security? Apparently. I think the point's been made now.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Eutychus:
At the least, it looks biased. I haven't heard many Wikileaks about, say, human-rights abuses in North Korea this week. They are under no obligation to keep on publishing everything they have, and in fact I'm sure they aren't - see my point above. Their actions are a semblance of transparency, not actual transparency. Does US diplomatic intelligence suck at security? Apparently. I think the point's been made now.
It looks biased because we have a short memory.
Take a look at http://en.wikipedia.org/wiki/WikiLeaks#Leaks for a few more things they have released.
Should they publish what they are? There will possibly never be consensus on that. I think they are dedicated to publishing everything that doesn't, in their eyes, endanger informants/etc, and therefore the continued publications are fair game, even if we think they're hitting that button just for an ego boost. Right? Wrong? Arguable either way. To claim that they're biased towards anti-US reporting though is simply wrong. They're biased towards the data that they have been provided with, even to the point of hosting leaks of their own internal data.
Posted by Eutychus (# 3081) on
:
quote:
Originally posted by pjkirk:
To claim that they're biased towards anti-US reporting though is simply wrong.
I don't dispute they have previously released material concerning other nations and issues. What I'm questioning is whether this latest leak is consistent with their stated policy.
For all their secrecy, Western governments are relatively open. (As I understand it, the relatively easy access Brendan Manning had to a lot of classified information was the result of a response to insufficient information-sharing by government agencies at the time of 9/11). That openness relies on a measure of discretion by the press and other media. If politicians can no longer talk "off the record" to journalists, they will clam up entirely.
If Wikileaks' only policy guideline is to publish whatever anyone sends it, it's bound to unearth more on the US than, say, China. But that's likely to lead to more secrecy by governments, not less, and to miss worse misdeeds by nastier regimes.
Posted by Think² (# 1984) on
:
If someone leaked the day's nuclear launch codes and passed them to a journalist who broadcast them on the radio, that wouldn't be illegal and/preventable ?
That seems dumb.
Posted by Ricardus (# 8757) on
:
Breaking news: Assange's just been arrested in London.
Posted by RadicalWhig (# 13190) on
:
quote:
Originally posted by Ricardus:
Breaking news: Assange's just been arrested in London.
Maybe his best course of action is to have his day in court. Then again, I don't much stand his chances before the English judiciary.
Posted by Molopata The Rebel (# 9933) on
:
Intrinsically, any allegations of sexual misconduct should be taken seriously. However, it strikes me as weird that Assange supposedly went into a mode of repeated sexual aggression in the space of a few weeks, it that (1 x rape, 1 x coercion, 2 x molestation) - at the very time that American spooks must have started taking a keen interest in him.
Was it that he couldn't deal with Bond-girl-type agents? Or is it that this Wikileaks thing puts men into sexual overdrive?
Posted by Boogie (# 13538) on
:
My question is - what if he is a nutter or sociopath with malicious intent and no conscience? - looks to me like he could do a lot of damage.
Posted by Pre-cambrian (# 2055) on
:
quote:
Mr Stephens [Assange's lawyer] said Mr Assange had been trying to meet the Swedish prosecutor to find out the details about the allegations he faces.
which has a rather Kafka-esque ring to it. I suppose he ought to be glad the US didn't just go straight out for special rendition.
Posted by Honest Ron Bacardi (# 38) on
:
He's only before the English judiciary to determine whether the extradition request is adequate to proceed upon. He's not being tried here.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Eutychus:
(As I understand it, the relatively easy access Brendan Manning had to a lot of classified information was the result of a response to insufficient information-sharing by government agencies at the time of 9/11
50/50. His access to the war materials was part of his job, and appropriate. His access to State Dept. cables was pure idiocy on the part of the gov't (that traffic should have *never* been run over SIPRnet). His ability to pull the info off the system was apparently as a result of 9/11 and (I think moreso) the wars. When I was in 'til 2005 I never would have been able to burn a CD on any classified systems.
Posted by ken (# 2460) on
:
When assesing a conspiracy, ask whop benefits. (Something at the back of my mind says that that was called qui bono?)
These wikileaks generally make the US government look better than it did. So assuming the CIA are the competent to do it, I suggest them as the real source of the leaks. Whether or not Mr Assange is a willign ally or has been tricked we will probable never know.
Posted by Molopata The Rebel (# 9933) on
:
But in what respects do you feel the American government now looks better than it did?
Posted by Honest Ron Bacardi (# 38) on
:
Ken wrote quote:
When assessing a conspiracy, ask who benefits.
Yeah - but the conspiracy theory loses out to the cockup theory nine times out of ten.
Conspiracy theories are a lot more fun, though.
Posted by Alogon (# 5513) on
:
quote:
Originally posted by Molopata The Rebel:
But in what respects do you feel the American government now looks better than it did?
It looks like the underdog in an arena with many and various unattractive adversaries-- just how unattractive they really are being the most interesting revelations.
Posted by Garden Hermit (# 109) on
:
The Police (well the intelligent ones) always never jump to conclusions but ask who benefits from a crime.
So who benefits here..
US Government has had some things released that it may have wanted to say, but couldn't diplomatically. I personally don't think they have done too bad out of it.
Gordon Brown has gone up in my eyes as well.
Nice to know that China is thinking rationally about foreign policy.
Is anyone making any money out of this ? Newspapers and Journalists probably.
Any more suspects ?
Pax et Bonum
Posted by Eutychus (# 3081) on
:
quote:
Originally posted by Garden Hermit:
Is anyone making any money out of this ? Newspapers and Journalists probably.
Any more suspects ?
Hey, I was the first to usen the words qui bono on this thread!
One interesting answer here. Again, I might be projecting my own past experiences, but it wouldn't surprise me if that take was close to the truth.
Posted by The Royal Spaniel (# 40) on
:
Ummm......I think you'll find it's cui bono, chaps......
Posted by orfeo (# 13878) on
:
If you have to choose between a conspiracy and a stuff-up, choose the stuff-up every time...
Posted by Crœsos (# 238) on
:
quote:
Originally posted by ken:
These wikileaks generally make the US government look better than it did.
Would that be the leak about how the U.S. tried to cover up kidnapping and torturing an innocent German citizen, the one where it colluded with the British government to cover up a bunch of lies that got thousands killed, or the one where it tried to get its kidnappers and torturers off the hook in the Spanish courts? While you may think that kidnapping, torture, and wars of aggression make countries "look better", most people regard these things as attrocities.
Posted by Crœsos (# 238) on
:
quote:
Originally posted by Think²:
If someone leaked the day's nuclear launch codes and passed them to a journalist who broadcast them on the radio, that wouldn't be illegal and/preventable ?
That seems dumb.
As I noted earlier, U.S. law has statutes which targets government officials or others who have a positive legal duty to safeguard certain information. It has no mechanism (or very limited ones) of prior restraint to contrain the actions of private citizens or professional journalists to whom such information is revealed.
One interesting and novel application of the state secrets privilege that the U.S. government tried out a few years ago was to argue that certain torture . . . excuse me, "enhanced interrogation" techniques were classified information and that since they had been revealed to certain Guantanámo detainees by applying said techniques to said detainees, the detainees must remain detained until such time as the "enhanced interrogation techniques" used were no longer classified.
Posted by Cod (# 2643) on
:
Another point often missed is that to commit a crime, the criminal act has to be done in or be in some way connected with the jurisdiction whose laws make that act a crime.
Even if Assange's acts re Wikileaks are a crime under US law, it may be impossible to charge him if he did them while in Australia.
It might well be Australian law rather than US law that applies. And I very much doubt that publishing a foreign government's sensitive documents constitutes a crime under Australian law.
IN the meantime, the Guardian has published a summary of leaks relating to the release of Abdelbasat al-Megrahi; in short nothing to surprise anyone.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Cod:
Another point often missed is that to commit a crime, the criminal act has to be done in or be in some way connected with the jurisdiction whose laws make that act a crime.
Aye, and any claim of jurisdiction that a US court might make, and any willingness to extradite on such a far-reaching claim, would set horrendous precedents.
Posted by orfeo (# 13878) on
:
quote:
Originally posted by Cod:
Another point often missed is that to commit a crime, the criminal act has to be done in or be in some way connected with the jurisdiction whose laws make that act a crime.
Even if Assange's acts re Wikileaks are a crime under US law, it may be impossible to charge him if he did them while in Australia.
It might well be Australian law rather than US law that applies. And I very much doubt that publishing a foreign government's sensitive documents constitutes a crime under Australian law.
IN the meantime, the Guardian has published a summary of leaks relating to the release of Abdelbasat al-Megrahi; in short nothing to surprise anyone.
There's no evidence he's been in Australia any time recently, either. If anything, he's spent most of his time in recent months in the UK and Sweden.
Posted by Pre-cambrian (# 2055) on
:
quote:
Originally posted by Crœsos:
quote:
Originally posted by ken:
These wikileaks generally make the US government look better than it did.
Would that be the leak about how the U.S. tried to cover up kidnapping and torturing an innocent German citizen, the one where it colluded with the British government to cover up a bunch of lies that got thousands killed, or the one where it tried to get its kidnappers and torturers off the hook in the Spanish courts? While you may think that kidnapping, torture, and wars of aggression make countries "look better", most people regard these things as attrocities.
And the method revealed in all three cases was to try to subvert judicial independence and the rule of law.
Posted by Erin (# 2) on
:
I don't know... this right here makes me think he's a retarded howler monkey:
quote:
Assange defended his Internet publishing site in a newspaper commentary on Wednesday, saying it was crucial to spreading democracy and likening himself to global media baron Rupert Murdoch in the quest to publish the truth.
Rupert Murdoch is on a quest to publish the truth? Has anyone told him that?
Posted by ken (# 2460) on
:
quote:
Originally posted by The Royal Spaniel:
Ummm......I think you'll find it's cui bono, chaps......
I was kicked out of Latin at age 13
quote:
Originally posted by orfeo:
If you have to choose between a conspiracy and a stuff-up, choose the stuff-up every time...
Ummm......I think you'll find it's cock-up, chaps...
quote:
Originally posted by Crœsos:
While you may think that kidnapping, torture, and wars of aggression make countries "look better", most people regard these things as attrocities.
But I already knew that our governments did those things. After all the USA invaded Iraq so that they could kill large numbers of Arabs and win an election at home by seeming to take revenge for New York, even thought the Arabs they were killing had nothing to do with the attacks. The whole war was based on two ideas: (1) Arab lives don't matter, and (2) Americans are too ignorant to tell one load of Arabs from another. The UK government joined in because the Americans were the biggest kids on the block and they didn't have the guts to say "no".
The bad stuff I believed already, so the bits of common sense that come out now and again actually make me feel better about them.
Posted by Choirboy (# 9659) on
:
quote:
Originally posted by ken:
The bad stuff I believed already, so the bits of common sense that come out now and again actually make me feel better about them.
You have to appreciate, Ken, that the real problem here is that Assange has circumvented the U.S. press in bringing these topics that you have known all along to an American public that largely has never heard them at all, and has the exquisitely documented primary sources to back it up. It's the public embarrassment at home that is the real issue.
Posted by malik3000 (# 11437) on
:
Actually, even given the low level of knowledge of current events among U.S. Americans, i don't think that the WikiLeaks revelations were a huge surprise. And then again, for that all-too-large segment of the U.S. population for whom facts are irrelevant, WikiLeaks won't matter except as an excuse for some more mindless huffing and puffing.
[ 08. December 2010, 17:18: Message edited by: malik3000 ]
Posted by Honest Ron Bacardi (# 38) on
:
Ken wrote quote:
The UK government joined in because the Americans were the biggest kids on the block and they didn't have the guts to say "no".
I have been increasingly struck, each time Tony Blair has given an extended interview since leaving No. 10, of his views on the removal of Saddam and the consequent collapse into semi-anarchy of Iraq.
My own view at the time was that he sounded like a pet poodle cheerleading for GWB. I'm increasingly coming to think that is an underestimate of what was going on. He did the above of course. But he constantly stresses how worthwhile it was to get rid of Saddam, a necessary block on the road to democracy. His vision in this is progressive (his description), of an admittedly toxic variety. It is strongly teleological. It is just that so far as middle eastern interests were concerned, this vision aligned perfectly with the oleocracy ruling the White House.
The point being that far from being followers, we were up there with the leaders in this, to our shame. Or at least our beloved ex-leader was. I don't have enough insight into views within the cabinet to be able to comment on the extent to which they shared this perspective.
Posted by orfeo (# 13878) on
:
quote:
Originally posted by ken:
Ummm......I think you'll find it's cock-up, chaps...
Maybe in your country...
Posted by Eutychus (# 3081) on
:
Now Anonymous and /b/ have joined the fun.
quote:
An Anonymous member told AFP news agency the group would extend their campaign to anyone with "an anti-Wikileaks agenda".
Not accountable, not even named. Speak out against the regime (in this case, Wikileaks) and you get wiped out. Maybe somebody should send a whistleblowing report to Wikileaks. Oh, wait...
Posted by Evangeline (# 7002) on
:
quote:
Another point often missed is that to commit a crime, the criminal act has to be done in or be in some way connected with the jurisdiction whose laws make that act a crime.
So what do people think about Assange being in prison for alleged sex crimes in Sweden ?
Conspiracy or what? Gotta say the timing is very interesting.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Evangeline:
quote:
Another point often missed is that to commit a crime, the criminal act has to be done in or be in some way connected with the jurisdiction whose laws make that act a crime.
So what do people think about Assange being in prison for alleged sex crimes in Sweden ?
Conspiracy or what? Gotta say the timing is very interesting.
The details sound like bullshit, but we'll see if he even gets extradited (not a sure thing).
I learned today that the extradition treaties between US-UK, US-Sweden, Sweden-UK do not allow for extradition based on political charges. Australia has also implied they would not extradite him for this either. So he has a few apparently safe havens from the US, if they do decide they somehow have jurisdiction.
Posted by Niteowl2 (# 15841) on
:
Sweden has some very liberal sex laws. One instance, if true, would qualify as rape in my book and that is the charge he had sex with an unconscious woman. I believe that will also lead to a charge of rape in the U.S.
Also, anyone have any thoughts on the "revenge" attacks his loyal followers are doing? I rather thought his threat of unleashing a poison pill mass leak if he was arrested was pretty much blackmail. Pretty much goes along with what I think of him - narcissistic. Definitely not any kind of hero.
Posted by Molopata The Rebel (# 9933) on
:
quote:
Originally posted by Niteowl2:
Sweden has some very liberal sex laws. One instance, if true, would qualify as rape in my book and that is the charge he had sex with an unconscious woman. I believe that will also lead to a charge of rape in the U.S.
The nature of the accusations mean that they have to be taken seriously. However, under the circumstances I am rather suspicious whether they weren't fabricated.
quote:
Also, anyone have any thoughts on the "revenge" attacks his loyal followers are doing? I rather thought his threat of unleashing a poison pill mass leak if he was arrested was pretty much blackmail. Pretty much goes along with what I think of him - narcissistic. Definitely not any kind of hero.
IMO, the whole affair is quickly devolving into a struggle between two curious alliances:
1. On the one side you have those who feel (understandably, at least to a degree) that the state has to be able to have private internal conversations and those who have some very embarrassing truths to hide.
2. On the other side you have those who genuinely think the press has right, nay, a duty to scrutinise what the publicly elected leaders of state and their"retainers are up to, and those who see Wikileaks as a vehicle to attack the state out of purely anarchistic motivations.
I suspect that Assange is probably fairly anarchistic in outlook, which is underpinned by his former career as a hacker. Recent events have probably tipped him more in in that direction. I also suspect that the large amount of people who have recently turned their backs on Wikileaks have done so because they are "scrutinists" and not anarchists, and have become increasingly uncomfortable with the underlying motivations of the anarchists which seem to have gained the upperhand in the organisation. It is no secret that the Wau-Holland Foundation in Guxhagen, Germany (established with the estate of the late Herwart Holland-Moritz, co-founder of Hamburg's Chaos Computer Club), has been a large sponsor of Wikileaks. Wikileaks has thus, premeditatedly or otherwise, become an anchor point for anarchists, with an agenda to suit and excellent connections to a body capable of carrying out cyber attacks. It is not surprising that the motivation - and abilities - could be mustered to carry out a reprisal DDoS attack in defence of Wikileaks.
Accordingly, Wikileaks is quickly becoming a vehicle for state subversion. As an organisation it has only flirted with illegality. As a movement it has certainly crossed the fine line.
Posted by Honest Ron Bacardi (# 38) on
:
Interesting analysis, MtP.
But first, some background reading:-
1. Useful background article on Julian Assange from the New Yorker by Raffi Khatchadourian, dating to before this business blew up (link here). It's an 11-pager so give yourself time!
2. More information than you probably needed on the anonops ddos attacks (here).
The anonops servers have been pretty comprehensively blitzed and hacked since yesterday, so this is obviously a game that two can play. And if people are so naive that they think that volunteer botnets won't get traced, then heaven help them.
But the point is the ongoing link with what is coming to be called the Pirate Party tendency. Julian Assange has most definitely been heavily involved with these people in Iceland, Sweden, Germany and Switzerland. If you visit their websites, their main thrust appears to be that they want reform of copyright and intellectual property laws so they are fit for a digital age. Fair enough - I can support that myself. But in practice, they seem to use more bandwidth to host pirated music and video torrents. Presumably the choice of the word "pirate" was deliberate...
This has consequences - unless you are one of the few names that can command stellar sums from international recognition, the net effect of pirated file-sharing has been to depress adversely the ability of new entrants to the music business to make any realistic income. It used to be possible, but now you really have to do it for love. As always, it is the less well off that suffer disproportionately from theft.
I always have trouble deciding whether anarchists are left-wing or right-wing. Their self-image is left-wing usually. But things like this increasingly convince me that whilst they talk the left-wing talk, they walk the right-wing walk. Pirates were the robber-barons of the sea after all.
But the question I cannot at present answer is whether Julian Assange associates with these people because of their hacktivist abilities or because he genuinely feels his cause lies there. I have read his own rationale for the Wikileaks approach, and think it great if confined to theory, but absurd in practice, liable to cause the exact opposite of what is needed. But that would be a tangent too far at present.
Posted by JFH (# 14794) on
:
From what has been seen in public in Sweden, the case for Assange as a rapist is rather anorexic.
First a low-ranking prosecutor orders his arrest and runs to the media with the story (not necessarily in that order), then her superior removes the order as soon as she gets in charge, and then after the attorney of the alleged victims goes out to the media and says it's a clear-cut deal of women's rights another even higher ranking prosecutor re-orders for Assange to be arrested. 2 notes, just here:
1. There's something Simpsonian about it all.
2. The women's attorney is Claes Borgström, the former national ombudsman for equality and a high-ranking politician in Sweden's biggest party, the Social Democrats. In my opinion he has well crossed the line for populism a couple of times in the past, but that's just my opinion - a lot of people would disagree. And that might just be party policy.
Assange stayed for 40 days extra in Sweden to be available for hearings, and even offered himself to show up for the hearings. The police didn't. After he had left, they claimed to know nothing of this. Voices have been raised by Swedish law professors saying there is something strange going on here - not sure if all of them agree on this, though.
Also, the Swedish police isn't known to be the brightest authority we've got. They messed up on the Interpol arrest order, and that's not so surprising. Older Brother found out through dealing with the police through his work that some police stations are unfamiliar with e-mail systems, and don't even have them. They are currently digitalizing their files (2010).
These are just some thoughts from a young suspicious Swede. I won't say that I know all about this, but there seems to be something fishy about all of this. Assange could still be a rapist, and he could have violated Swedish law - but at least one rather high-ranking prosecutor didn't think it was even worth digging into since the case seemed so thin to her. I'm not giving any guarantees as to in what way the Swedish police and prosecutors have mishandled the entire situation, but whatever the outcome, that should be the conclusion.
Posted by Alogon (# 5513) on
:
According to analysis on the BBC early today, the greatest significance of this affair will be the technological showdown between the resilience of the Internet and those who believe in freedom of information worldwide, and governments which attempt to make it respect national borders. Just a few months ago, most Americans scoffed at the censorious habits and efforts of the Chinese. Today there are those in our own superpower government who dearly wish to do the same, and some may be secretly attempting it at this moment. My bet (and crtainly my hope) is that the Net will survive these onslaughts, at least with the help of its friends who fight back. At least, it is most likely survive American onslaughts. (China has recently unveiled a supercomputer that runs rings around anything in the U.S., demonstrating that the glory has departed in yet another respect.)
Although no doubt those embarrassed by Wikileaks will make life as difficult as possible for the site and all who have worked for it, both out of sheer vindictiveness and to warn others not to do likewise, the conflict essentially has gone beyond these localized, vicissitudes, in that there are now many mirror sites.
Posted by Honest Ron Bacardi (# 38) on
:
Thank you for that insight, JFH. I've deliberately tried to steer clear of the whole rape allegations issue precisely because it all seems a bit too convenient to me. Some of the shortcomings you mention have made it through to here, but if a European arrest warrant is issued by any country, action has to be taken by the receiving country, provided the warrant has been issued properly. That hasn't been tested yet of course.
Posted by JFH (# 14794) on
:
Missed the edit window, so this apprentice gets a walk of shame - on googling for sources, I can't seem to find those articles by law professors. I thought I had read them, but it seems I can't find them right now (my computer is having a bad day though, so might find them later on). Could mean I made stuff up, though.
Posted by Ender's Shadow (# 2272) on
:
On the whole I was inclined against the Wikileaks position until this article emerged. It suggests that the British Foreign Office and the US military were conspiring to pervert the clear choice of the elected government on the issue of cluster bombs. If this is proven, a large number of FCO mandarins - and preferably David Milliband - should be attaindered, i.e. stripped of all status, pension and property. But of course it won't happen.
I still think that most of the wikileaks stuff shouldn't have been released - governments need to be able to discuss things in private - but there are a few gems in there that seem to be worth having; it's a shame that the journalists have not focused on the significant stuff.
Posted by JFH (# 14794) on
:
One of the cables proves that the US used pure power measures to get Norway to pick the F-18 fighter planes instead of the Swedish JAS-39 Gripen. In order to get it to work in public, they had Norway fake an open deal, and it was a surprise of rather Qatari measures when it was revealed that the Norwegian defence preferred the American planes. This was a deal worth about 1 billion dollars, which I guess many Americans would think is a small matter to bother about, given the size of the national deficit and all, so I'm just thinking, "Could we have it back? Just for European good will and stuff? We might even throw in Assange for a small add-on fee (Ryanair style)?"
Posted by Molopata The Rebel (# 9933) on
:
So we now know that Wikileaks is worse than even the Ku Klux Klan.
This article in the Süddeutsche Zeitung attests (sorry, it's in German), that while Wikileaks credit card payments are blocked, you may cheerfully use them to make a thoughtful donation to the kkk (though, please, only if you're white).
I clicked through the kkk homepage as far as the payment - and they really do offer Visa - Mastercard - American Express payment options! (though, obviously I didn't actually finish the test by making a payment)
I am now going to empty my cache, wash my hands and go for a shower.
Posted by JFH (# 14794) on
:
I read about it in a Swedish newspaper, that attested the discovery to the Guardian.
I am getting more and more convinced of actually getting a Diner's Club card. They seem to be the least horrible creatures in the cave.
Posted by JFH (# 14794) on
:
Sorry for the double-post, but I just wanted to post this new discovery concerning Assange on the thread before I'm off to bed:
The Guardian just posted their take on the situation. I must say though that I find their sources rather bewildering. They are quoting a "professor Monica Burgman" whom I have never heard of. Neither has Google. Thus it's hard for me to verify the quality of that source, honestly. There IS a Monika Bergman mentioned in a report I found, who is apparently working with the Crime Victims' Association, but I she has no title listed - which she'd be likely to have if she had a special one. No universities show up when I google for her name and "professor".
Also, the correspondent they are quoting is also rather unheard of, and from a minor TV network. Google points out that he's a reporter for one of the morning newscasts doing interviews with movie actors (in the particular case, those from the movie "Sex and the City"). That article is from 2008, but he's still not a Mike Wallace. He's not well-known, and not with one of the most respectable news-sources, so I find it strange that he is the one whose opinion gets spead over the world.
Neither is Oisin Cantwell a household name. They are essentially quoting minor journalists of the Daily Mirror and Wail. I don't understand why, when there are so many brilliant and respected journalists and commentators writing on the subject, in and from Sweden.
I'm still not saying that Assange is innocent - just that I don't understand why everything is so strange about this business. It might be that it is strange because I don't understand it, but that still would not explain why the Guardian has such a low standard suddenly. Nor why no international newspaper has interviewed Eva Finné, the prosecutor who wanted to drop all charges until mr Borgström of Borgström & Bodström (Bodström being Sweden's former minister of justice) came along and made it a national business. And made sure that the prosecutor one step up decided to press those charges again.
Posted by Tukai (# 12960) on
:
quote:
Originally posted by Niteowl2:
This has nothing to do with freedom of the press and everything to do with leaking Secret classified documents to a foreign country.
Is this why some one (the CIA?) is hounding Assange on 'rape' charges, that seem from the outside to be about as credible and as strategically timed as the sodomy charges against Anwar in Malaysia?
Posted by Niteowl2 (# 15841) on
:
quote:
Originally posted by Tukai:
quote:
Originally posted by Niteowl2:
This has nothing to do with freedom of the press and everything to do with leaking Secret classified documents to a foreign country.
Is this why some one (the CIA?) is hounding Assange on 'rape' charges, that seem from the outside to be about as credible and as strategically timed as the sodomy charges against Anwar in Malaysia?
I'm one of the relative few that don't believe Assange's legal problems are neither our fault nor are they are a result of U.S. pressure and are possibly due to his own behavior and the fact that Sweden's sexual assault laws are about the most liberal in the world. We'll see what finally shakes out there.
We still haven't gotten around to filing our own charges against him that we've been threatening and would be more on target.
Posted by the giant cheeseburger (# 10942) on
:
quote:
Originally posted by Molopata The Rebel:
So we now know that Wikileaks is worse than even the Ku Klux Klan.
This article in the Süddeutsche Zeitung attests (sorry, it's in German), that while Wikileaks credit card payments are blocked, you may cheerfully use them to make a thoughtful donation to the kkk (though, please, only if you're white).
I clicked through the kkk homepage as far as the payment - and they really do offer Visa - Mastercard - American Express payment options! (though, obviously I didn't actually finish the test by making a payment)
I am now going to empty my cache, wash my hands and go for a shower.
quote:
Originally posted by JFH:
I am getting more and more convinced of actually getting a Diner's Club card. They seem to be the least horrible creatures in the cave.
Oh puh-lease are people these days really so thick as to take that at face value?
It's not like the KKK would actually be registered as the merchant, account holder, donation recipient or whatever relevant title applies. It would go through a front company and be channelled to them, but just displayed on the screen as going directly to them. Wikileaks is only being punished for a combination of being up front about where money is going and being slandered by the US (and Australian) Governments as an illegal organisation without a fair trial, not for being worse than the KKK.
Another thing with properly illegal organisations (i.e. not just distasteful ones) is that if an account was found to be used for money laundering purposes then leaving it open but under surveillance is always an option. I don't know if the KKK is illegal or just distasteful so whether this could apply. With distasteful organisations that are not illegal then banking regulations regarding refusal of service may be an issue as well.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by the giant cheeseburger:
I don't know if the KKK is illegal or just distasteful so whether this could apply.
They are perfectly legal in the US, which is why they are able to directly hold merchant accounts. They are disgusting and cause many illegal or borderline things to happen, which is why this is ridiculous.
I'm very curious what will happen when/if the US presses charges. UK-US extradition treaties don't allow for deportation for political crimes. Same w/ US-Sweden and UK-Sweden.
[ 11. December 2010, 13:45: Message edited by: pjkirk ]
Posted by Honest Ron Bacardi (# 38) on
:
Niteowl2 wrote:- quote:
...possibly due to his own behavior and the fact that Sweden's sexual assault laws are about the most liberal in the world.
As to what his own behaviour involved, no doubt we shall hear in due course if the matter comes to trial. But as to whether Sweden's sex laws are the most liberal in the world - well, not according to this article (link).
Posted by Stetson (# 9597) on
:
quote:
But as to whether Sweden's sex laws are the most liberal in the world - well, not according to this article (link).
I think that by "liberal" Nightowl meant something like "more influenced by feminist thought and hence victim-friendly". Not "liberal" in the ACLU sense of being tilted in favour of the suspect.
Posted by Niteowl2 (# 15841) on
:
quote:
Originally posted by Stetson:
quote:
But as to whether Sweden's sex laws are the most liberal in the world - well, not according to this article (link).
I think that by "liberal" Nightowl meant something like "more influenced by feminist thought and hence victim-friendly". Not "liberal" in the ACLU sense of being tilted in favour of the suspect.
Exactly.
Posted by Honest Ron Bacardi (# 38) on
:
OK - understood.
Posted by Think² (# 1984) on
:
First blood from the wikileaks ?
Posted by Crœsos (# 238) on
:
quote:
Originally posted by Think²:
First blood from the wikileaks ?
I guess the question is how WikiLeaks got access to Mr. Holbrooke's aorta.
And the latest "victim" of WikiLeaks seems to be the Vatican.
quote:
Pope Benedict refused to allow Vatican officials to testify in an investigation by an Irish commission into alleged child sex abuse by priests, according to U.S. diplomatic cables released by WikiLeaks, The Guardian newspaper reported.
<snip>
According to the cable detailing the Vatican's refusal to cooperate in the abuse investigation, the Vatican believed opposition politicians in Ireland were publicly putting pressure on the government to vilify the Vatican just to make "political hay".
The Irish government, meanwhile, wanted "to be seen as co-operating with the investigation" because its churches and education department were also involved in the scandal.
Now I'm sure that there are those who will explain how the ability to cut back-room diplomatic deals to prevent embarassing revelations of child rape are an important facet of diplomacy, but I'm not seeing why anyone outside the guilty parties has an interest in keeping this secret.
Posted by JFH (# 14794) on
:
I'm sorry if my outbursts before have been OTT regarding conspiracistity.
Regarding extradition, Swedish law does not allow extradition for political crimes, but if you could arrange a regular assault or something along those lines, it might be possible. I guess it depends on what charges they may press, though. It also outlaws extradition for crimes that could render a death sentence, so Mike Huckabee's hopes are in vain.
I'm not sure anymore as to whether it's all a conspiracy, but I remember that it was the first thought that struck my brain when I first read the news in August that he was arrested, before all the complications came along. Yet the victim does apparently act rather victimly, according to what I read, and some trustworthy columnists seem to believe that she is for real, although whether a crime has actually been committed is to be judged by the courts.
Regarding "innocent until proven guilty" and similar basic principles of justice, they have been decreased in Sweden over the last four years, and for some time before that. The current minister of justice suggested at one time that suspects of purchasing sex should receive their summonings in purple envelopes. I never made it to parliament, but that's the direction in which Sweden is going. (Article in Swedish, just wanted to source it to point out it's true, sadly. Google Translate might be your friend.)
While looking for sources on a quote by Assange's son from August that I remember reading, I stumbled upon this chat in the Daily News (Swedish newspaper, but chat in English) that has an interesting bit:
[Questioner]: Do you see yourself as a threat to US National security?
Julian Assange: We must be careful when ever we see "national security". Taken literally, that means the security of the entire nation. It does not seem that anything we could release would ever be a threat to US national security in that sense. If, by "national security" you mean the expressed interests of the "national security" sector, or industry, or to some individuals, that is a different matter, but then, we should use a different phrase.
In another article (Swedish) the employer of the women says, "She is at home on sick leave. There is no chance at all she wanted this to become public. She is a crime victim." (24th August)
Question: When some of Assange's British lawyers claim that "I've never experienced ANYTHING like this!", how trustworthy is that? I don't believe Borgström (the lawyer of the two women) for a second when he says similar things, but I wonder to what extent British lawyers saying that could be trusted/taken seriously?
Also, Assange's British lawyers claim that he has offered to do the hearings over the phone or using videocalls, and that this is allowed in the UK. How common is this in the UK and what are the limits for that?
Posted by Think² (# 1984) on
:
quote:
Originally posted by Crœsos:
quote:
Originally posted by Think²:
First blood from the wikileaks ?
I guess the question is how WikiLeaks got access to Mr. Holbrooke's aorta.
I was more thinking of his stress levels.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by JFH:
I'm sorry if my outbursts before have been OTT regarding conspiracistity.
Those are amazingly restrained outbursts, then
The Sweden parts that bother me:
*The prosecutor who reopened the case, I've read, has a very wildly feminist history and this may be biasing her.
*Assange offered to talk with them repeatedly from within a Swedish Embassy. I poo-poo'ed his videoconference stuff before, but if he is putting himself under Swedish control to do so, that's a much higher level of cooperation to be spurning imo. I presume that he could be detained/arrested at an embassy and arrangements made for his departure to Sweden.
*One of the women apparently wrote positive comments on her blog about Assange after this is supposed to happen, and then wiped them (and ones from before they got together) from her twitter acct/blog/etc.
The whole thing reeks of, at minimum, incompetence and confusion. Sweden doesn't seem to have enough of a dog in this fight though to cooperate on the conspiracy front.
Puzzling.
Posted by Jay-Emm (# 11411) on
:
Something terrorist like* happened in Sweden, just hit the news.
*It may be an accident and details are sketch in local (uk) news (suggest 1 fatality, vague reports of gas canisters in a car).
[ 11. December 2010, 18:35: Message edited by: Jay-Emm ]
Posted by Think² (# 1984) on
:
Car bombs in Sweden
Posted by Honest Ron Bacardi (# 38) on
:
quote:
Also, Assange's British lawyers claim that he has offered to do the hearings over the phone or using videocalls, and that this is allowed in the UK. How common is this in the UK and what are the limits for that?
Videoconferencing seems to be used quite widely when people are being remanded, questioned etc., if they are already in custody. It is also used in some trials, for example so that children don't have to face people accused of molesting them. I don't know the full details of when its use is permitted though - maybe someone with greater knowledge of the courts might help.
Posted by Crœsos (# 238) on
:
quote:
Originally posted by Think²:
quote:
Originally posted by Crœsos:
quote:
Originally posted by Think²:
First blood from the wikileaks ?
I guess the question is how WikiLeaks got access to Mr. Holbrooke's aorta.
I was more thinking of his stress levels.
That seems as tenuous as it is speculative. The theory is what? That there's no other way a sixty-nine year old man who worked for decades in a high stress job could develop heart trouble, so the only possible explanation is stress from the fear that someone might find out what he did on that job?
Come to think of it, I think that's how the CIA eventually decided to assassinate Castro: make his life stressful for long enough.
Posted by JFH (# 14794) on
:
The latest news from the Swedish police is that the man who died is believed to have blown himself up in some way. He carried a backpack, which a bomb squad examined. Some sources to one newspaper say that the bag was supposed to have contained nails, but the police hasn't confirmed anything.
Some local witnesses reported that there had been consecutive blasts, but no one knows for sure.
1 man dead, 2 people were taken to hospital with light wounds.
Personal comments:
I'm not sure if this is related to Wikileaks. I would be very skeptical of that. This (Assange's trial) is big news in Sweden, but I'd have a hard time thinking anyone would go this far over that issue. I guess we'll find out as time goes by, though. (Not sure though, given the recently shown competence level of the Swedish police.)
Posted by Think² (# 1984) on
:
quote:
Originally posted by Crœsos:
quote:
Originally posted by Think²:
quote:
Originally posted by Crœsos:
quote:
Originally posted by Think²:
First blood from the wikileaks ?
I guess the question is how WikiLeaks got access to Mr. Holbrooke's aorta.
I was more thinking of his stress levels.
That seems as tenuous as it is speculative. The theory is what? That there's no other way a sixty-nine year old man who worked for decades in a high stress job could develop heart trouble, so the only possible explanation is stress from the fear that someone might find out what he did on that job?
Come to think of it, I think that's how the CIA eventually decided to assassinate Castro: make his life stressful for long enough.
I was not entirely serious - but I thought that changes in the american diplomatic scene would be relevant to the thread.
Posted by JFH (# 14794) on
:
According to one tabloid, there were six pipe-bombs on the man's body, but only one went off.
Posted by JFH (# 14794) on
:
[Sorry for double-post, edit time elapsed.]
Concerning the bombing:
According to one tabloid, there were six pipe-bombs on the man's body, but only one went off.
Also, the same paper claims there was a message sent to a Swedish news agency saying something like "Now your children, sisters and daughters will die, just like our children, sisters and daughters are dying."
This has apparently also gone to the SäPo - the Swedish special police.
The man is also supposed to have said that, "Our actions will speak for themselves. As long as you do not stop your war against Islam and defiling the Prophet and your silly support of the pig Lars Vilks."
The man then, according to the tabloid Aftonbladet, told all muslims in Sweden to "stop sucking up and defiling yourselves". Then he is supposed to have told everyone not to wait any longer, and strike with "whatever you have, even a knife - and I know you have far more than a knife." whereupon he is supposed to have finished off with the somewhat Shakespearian, "Fear no one, fear not prison, fear not death."
I don't know if it's confirmed that this man is the one who actually executed the bombing. Either way, Sweden sure has become a very complicated country these days.
Posted by Jay-Emm (# 11411) on
:
Oh I hadn't heard about the Swedish cartoons, thought it was just Denmark.
With Anarchists interested in your country, groups that would find it convenient if you were more scared, and actual terrorists having you as a prime target, not to mention having offended China. Sweden is suddenly looking more complicated than I could ever of imagined.
In any case
for the victims and
for the people and government as they come to terms.
Posted by JFH (# 14794) on
:
quote:
Originally posted by pjkirk:
quote:
Originally posted by JFH:
I'm sorry if my outbursts before have been OTT regarding conspiracistity.
Those are amazingly restrained outbursts, then
The Sweden parts that bother me:
*The prosecutor who reopened the case, I've read, has a very wildly feminist history and this may be biasing her.
*Assange offered to talk with them repeatedly from within a Swedish Embassy. I poo-poo'ed his videoconference stuff before, but if he is putting himself under Swedish control to do so, that's a much higher level of cooperation to be spurning imo. I presume that he could be detained/arrested at an embassy and arrangements made for his departure to Sweden.
*One of the women apparently wrote positive comments on her blog about Assange after this is supposed to happen, and then wiped them (and ones from before they got together) from her twitter acct/blog/etc.
The whole thing reeks of, at minimum, incompetence and confusion. Sweden doesn't seem to have enough of a dog in this fight though to cooperate on the conspiracy front.
Puzzling.
Well, never underestimate the human capacity of incompetence.
I haven't heard these things. Concerning the prosecutor, I don't know. That might be true, and it might not. I have a hard time buying that it is all just a feminist conspiracy, though. Possibly from the two women, but I don't think Borgström (the lawyer) would do such a thing. Possibly he has heard the story and wants to try out the limits. In his former job as Ombudsman for (Gender) Equity it was part of his assignments to stir up discussion on the issues (which is insane, given that the Ombudsmen have the ability to go into trial without having to pay for the courts - that is sponsored by the government).
I don't know about the Embassy thing either, could you source that, so I can have a look at it?
Concerning that the woman had posted twitter comments and seemingly felt well, that seems true - but that is no guarantee for that she wasn't raped. It would seem that she was somewhat infatuated with Assange, but from there on we do not know. It is strange that she deleted them, but that could also be a reflex - if you have experienced something rather traumatic your body does not react sane. But I really don't know anymore.
It would be silly to deny that many look up to Mr Assange, and that many would like for him to be innocent, yet there are also a lot of powerful people who would like to see him in jail. The problem is to find the truth in all this. I don't know. I'm hoping the courts will do a fair job.
Posted by pjkirk (# 10997) on
:
quote:
http://www.bbc.co.uk/news/uk-11930488
Mr Assange's lawyer, Mark Stephens, has criticised the Swedish prosecutors, saying Mr Assange had been offering to meet since August.
He said they had offered to put Mr Assange up for interview at the Swedish embassy, by video conference recorded in Sweden or at Scotland Yard.
Mr Stephens said: "So far the Swedish prosecutor has declined to take up those offers.
Posted by JFH (# 14794) on
:
Jay-Emm:
We haven't offended China. That was Norway.
A couple of years ago we were actually mentioned among the best countries in the world, where no terrorists would commit any acts, in a report by Mr Bin Ladin himself. Then we had the Vilks drawings (published in my local paper very early on; the editor had an enormous amounts of death threats I hear) and a major debate concerning free speech. The parliament decided to cut down on privacy with a few laws, and then the free speech-movement was mixed with the piracy movement. Then along comes a financial crisis with its regular chaos, and a right wing party enters parliament (almost as if to counter the Communist Party, there since WWII). Terrorists, Assange, Euro down the drain, it sure looks like these could become interesting times. Did I mention the Chinese took over one of our biggest industries, the Volvo cars?
I'm guessing this should be in the IDIOT thread in hell, but yeah, we're basically screwed. America doing all it can to distance itself from us (the other continent that likes liberal democracy and human rights) doesn't make me feel any better. And no finer Arts either - Bergman is dead.
Posted by Jay-Emm (# 11411) on
:
quote:
Originally posted by JFH:
Jay-Emm:
We haven't offended China. That was Norway.
Sorry, my mistake (in my defence I don't think it was that hard to make, given you give out the real prizes).
Posted by Honest Ron Bacardi (# 38) on
:
JFH - I'm very sorry to learn of the bombings - I do hope that it gets cleared up rapidly, and that justice prevails.
There are indeed many puzzling facets of this whole business. I still think something like Wikileaks is of great potential help to transparency. I think Julian Assange is undoubtedly a clever man. Whether he is a wise one is another matter entirely.
Posted by Ender's Shadow (# 2272) on
:
quote:
Originally posted by JFH:
America doing all it can to distance itself from us (the other continent that likes liberal democracy and human rights) doesn't make me feel any better.
Given that Sweden sat out WWII as a neutral and then persisted in holding to neutrality between the West and the USSR and is still not a member of NATO, it really doesn't have the right to expect the US to make an effort on its behalf now that it's apparently attracting the attention of Islamic extremists.
Posted by JFH (# 14794) on
:
quote:
Originally posted by pjkirk:
quote:
http://www.bbc.co.uk/news/uk-11930488
Mr Assange's lawyer, Mark Stephens, has criticised the Swedish prosecutors, saying Mr Assange had been offering to meet since August.
He said they had offered to put Mr Assange up for interview at the Swedish embassy, by video conference recorded in Sweden or at Scotland Yard.
Mr Stephens said: "So far the Swedish prosecutor has declined to take up those offers.
Oh, yeah, I remember that. Didn't remember that bit about the embassy, though.
I don't know what to say anymore. I find it strange, but maybe they just want him on the spot. I've never heard of this being done in Sweden, so it might be that (remember what I said about Swedish police and technology - they are currently digitalizing their file system), or it might be against Swedish regulations or something. It might be that they want him in one place until certain measures have been taken...
Posted by Honest Ron Bacardi (# 38) on
:
Hyperventilating paranoid idiots! (politicians that is)
Posted by JFH (# 14794) on
:
Ender: And while our troops are dying for you in Afghanistan and Iraq, and we take care of your refugees (Sweden accepted as many refugees from Iraq as the US in total, IIRC), and while our embassy in North Korea does your dirty laundry and fix out your journalists when they mess up (oh, that happened in Belarus too), how about you just respect our democracy for being one of few fellow democracies and don't steal our 7 billion dollars from Norway, and grow a little decency and dignity and respect for a 9 million nation that has produced more UN leaders than you have, that has more embassies than you have, that have a history three times yours and that builds better fighter planes than you do?
Hell, just respecting your own democracy (and possibly rule of law) would be a good start.
Posted by Honest Ron Bacardi (# 38) on
:
pssst - JFH - I think you'll find ES is posting from the UK, not the USA. It's best not to take these matters personally.
Posted by Cod (# 2643) on
:
quote:
Originally posted by orfeo:
quote:
Originally posted by Cod:
Another point often missed is that to commit a crime, the criminal act has to be done in or be in some way connected with the jurisdiction whose laws make that act a crime.
Even if Assange's acts re Wikileaks are a crime under US law, it may be impossible to charge him if he did them while in Australia.
It might well be Australian law rather than US law that applies. And I very much doubt that publishing a foreign government's sensitive documents constitutes a crime under Australian law.
IN the meantime, the Guardian has published a summary of leaks relating to the release of Abdelbasat al-Megrahi; in short nothing to surprise anyone.
There's no evidence he's been in Australia any time recently, either. If anything, he's spent most of his time in recent months in the UK and Sweden.
The issue is where he was when he committed his alleged "crimes" (espionage seems to be nosing in front at present). It is not where he is at present.
It may be that under US law, the crime of espionage may be committed by any person in any part of the world. I don't know. But if not, US prosecutors have a problem.
ISTM they also have a major problem if they can't show that Assange did anything more than receive and publish information leaked by someone else. Still, if they get him in front of a lynch-mob jury that might not matter. I daresay they could also lock him up in the legal black hole that is Gauntanamo.
Posted by JFH (# 14794) on
:
quote:
Originally posted by Honest Ron Bacardi:
pssst - JFH - I think you'll find ES is posting from the UK, not the USA. It's best not to take these matters personally.
...
Methinks it best to just head to bed now.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Cod:
The issue is where he was when he committed his alleged "crimes" (espionage seems to be nosing in front at present). It is not where he is at present.
It may be that under US law, the crime of espionage may be committed by any person in any part of the world. I don't know. But if not, US prosecutors have a problem.
ISTM they also have a major problem if they can't show that Assange did anything more than receive and publish information leaked by someone else. Still, if they get him in front of a lynch-mob jury that might not matter. I daresay they could also lock him up in the legal black hole that is Gauntanamo.
Well, he most certainly wasn't in the US. Our gov't seems inclined to extend our jurisdiction world-wide though. It's anybody's guess if that would hold up when the appeal gets to the current Supreme Court.
As far as the applicability of the Espionage Act...
quote:
(1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or
(2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or
(3) concerning the communication intelligence activities of the United States or any foreign government; or
(4) obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes—
This is the section on transmission of classified information, and none of it applies. The information most in line w/ (3) was HUMINT, not COMINT, so is specifically not covered. Perhaps the cable talking about directions to spy on the UN could be considered under this section, though. Generally, since there is no Top Secret traffic in any of the three dumps, there is no COMINT.
§ 793, though could possibly be used. (See here for text of the section. This involves receiving or passing on things connected to national defense with intent to injure the US national defense, or reason to believe that they could be used to the advantage of another nation. Sickeningly vague.
Given statements from officials about how this has not harmed our national defense (SecDef Gates, for the highest and most relevant official, probably), the (disputed) press status of Assange, and the lack of citizenship he has, it seems like a difficult case to get into the courts much less have hold up through appeals.
Posted by Molopata The Rebel (# 9933) on
:
Maybe I'm a bit slow, but what has the bomb in Sweden got to do with Wikileaks?
Posted by Og: Thread Killer (# 3200) on
:
If even the smallest meatball falls from the sky in Sweden, it is all the fault of Wikileaks.
Posted by Jay-Emm (# 11411) on
:
quote:
Originally posted by Molopata The Rebel:
Maybe I'm a bit slow, but what has the bomb in Sweden got to do with Wikileaks?
Wikileaks is the most obvious difference between Sweden in 2010 and anywhere and anywhen else, and there are millions of narratives that almost make sense (esp given the first details, could easily describe an accident or assassination as standard terror attack).
Since then JFH has filled us in with more details, which make it sound more like co-incidence.
Posted by the giant cheeseburger (# 10942) on
:
If it was determined that Australian law was relevant it would be impossible for a fair trial to be conducted as Assange has been slandered in the press by the Prime Minister. If the Government was foolish enough to press any charges it would lead to them being dismissed in disgrace and a lengthy term in opposition.
Posted by Think² (# 1984) on
:
Given the scale of the wikileaks phenomenon, it is difficult to see how Assange would get a fair trial anywhere in relation to it. And no-one who disagreed with the verdict would believe the trial to be fair anyway. Which makes the whole thing a bit moot.
If he did commit rape he should be tried and sentenced for it. But looking at the charges leveled against him I would have thought it next to impossible to prove his guilt beyond reasonable doubt, unless there is extant surveillance footage. It is inherent in the nature of the charges - it will be a he said / she said case.
Posted by JFH (# 14794) on
:
quote:
Originally posted by Think²:
If he did commit rape he should be tried and sentenced for it. But looking at the charges leveled against him I would have thought it next to impossible to prove his guilt beyond reasonable doubt, unless there is extant surveillance footage. It is inherent in the nature of the charges - it will be a he said / she said case.
A problem arises if the charges are movable goalposts - if a broken condom is a sexual molestation, then that seems to have been proven already (the women have been examined by a doctor, IIRC). The prosecutor who once dropped the charges kept the charges for "molestation" at the time, and when an expert was asked what that crime consists of, he replied, "Well, it could mean a lot of things, like just shouting at a public square or something..." (I haven't got a source, but I remember reading this, I could google it for anyone interested, though.)
As you hear, those charges are pretty open. I don't know what the charges for sexual molestation could mean in practice, and I don't know how badly you have to prove something in a rape case in Sweden. I know Borgström (lawyer of the women) knows a lot about the law and precedents and I don't think he will let go of this case very easily.
Posted by Think² (# 1984) on
:
My understanding was that the charge was that he had sex with one woman whilst she was asleep (and therefore without consent) and with another proceeded to intercourse using his physical weight to prevent her from getting away from him - because she had consented to protected sex and he refused to put on a condom.
Either of those cases would meet the legal definition of rape in the UK - because consent was not given or was withdrawn. If you could prove that was what had happened.
Posted by Ender's Shadow (# 2272) on
:
A well argued piece from the Independent presenting both sides of the debate.
Posted by JFH (# 14794) on
:
I think there are four charges, three with the first woman and one with the second.
*digging*
Hmm. The best thing I can find is an official message from Svea Hovrätt (the second stage out of three in the Swedish court system) 24th November, declining Assange's appeal against his remanding. It states that he is suspected for one case of duress, and two cases of sexual molestation. One case of sexual molestation was let go.
It doesn't say precisely what happened, but you may well be right. There is so much material out there about this, it's near impossible to find anything completely reliable amongst these probably two hundred and fifty thousand documents or so on Assange.
Posted by Molopata The Rebel (# 9933) on
:
quote:
Originally posted by Think²:
Given the scale of the wikileaks phenomenon, it is difficult to see how Assange would get a fair trial anywhere in relation to it. And no-one who disagreed with the verdict would believe the trial to be fair anyway. Which makes the whole thing a bit moot.
If he did commit rape he should be tried and sentenced for it. But looking at the charges leveled against him I would have thought it next to impossible to prove his guilt beyond reasonable doubt, unless there is extant surveillance footage. It is inherent in the nature of the charges - it will be a he said / she said case.
Iran? They (the government) must love Wikileaks so far, and I don't know if there is such a thing as male rape in practice.
Posted by Think² (# 1984) on
:
That would just be a trial biased toward him, rather than a fair trial.
Posted by Inger (# 15285) on
:
quote:
Originally posted by Ender's Shadow:
Given that Sweden sat out WWII as a neutral.
Some 8,000 Danish Jews have reason to be grateful for that. We did what we could in Denmark to save them from the Nazis, but without Sweden's willingness to welcome them that would likely not have been enough.
Posted by Ender's Shadow (# 2272) on
:
For those who want to know these things, they might find it helpful to remember Article 1 Section 9 of the US constitution states:
"No Bill of Attainder or ex post facto Law shall be passed."
From here. This means that they can't pass a law to punish Assange for this offence... ![[Big Grin]](biggrin.gif)
[ 12. December 2010, 21:11: Message edited by: Ender's Shadow ]
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Ender's Shadow:
For those who want to know these things, they might find it helpful to remember Article 1 Section 9 of the US constitution states:
"No Bill of Attainder or ex post facto Law shall be passed."
From here. This means that they can't pass a law to punish Assange for this offence...
But if he keeps dribbling them out, then each cable is a 'new' offence, and they might get a law passed in time.
Or they could forseeably take the position that, once they have a law passed, just keeping the material available is a violation.
Posted by Golden Key (# 1468) on
:
I have mixed feelings about WikiLeaks.
I grew up during Watergate, and Nader's Raiders, and assorted other investigations...so I know that leaks can be very good things. But there can also be dangerous fallout. And leakers may have mixed or bad reasons for releasing information, even if it's info that really needs to get out.
Assange seems like a complicated guy, and I don't think what he does is just about benevolently getting crucial info to the masses. But the information does seem to be real. OTOH, governments sometimes have very good reasons for keeping information secret.
I don't think his supporters are doing him any favors by doing cyberattacks--if anything, they're making things far worse.
I don't know if the sexual charges are true, but they sure seem convenient. IIRC, they first came up a few months back, when the first big batch of info was released. Then the DA decided not to proceed with the case. Then the charges were brought up again when *this* batch of info came out. I heard that one charge has to do with whether or not he used a condom. Evidently, Sweden has a law that you have to use a condom, even if both parties have consented to not using it.
If I were Assange, I'd be very worried that many someones were trying to either put me in a very secure, secret cell for the rest of my life...or kill me.
Posted by Cod (# 2643) on
:
quote:
Originally posted by pjkirk:
§ 793, though could possibly be used. (See here for text of the section. This involves receiving or passing on things connected to national defense with intent to injure the US national defense, or reason to believe that they could be used to the advantage of another nation. Sickeningly vague.
Thanks for the link.
It could be worse. It's clearly directed at classified military information. Although I understand that Wikileaks has published plenty of information concerning the Afghan war, I wonder how much of it could be considered military rather than diplomatic. For example, has Wikileaks published battle plans, inventories of weapons and so on?
My brief read of §793(e) makes me think that the section criminalises newspaper editors who publish documents. I'm sure that can't be right, and I wonder what I am missing.
If people will not mind me scratching an irritating itch, it is depressing to note the number of people who think that Britain is caving in by holding Assange in custody and possibly allowing his extradition. Some idiot on the Guardian website commented that Britain will probably extradite Assange, yet it wouldn't extradite Pinochet. Assange has been accused of rape, and any extradition application proceeds on that basis alone.
Ender's Shadow: you might enjoy this: The Act for the Attainder of the Earl of Strafford. When you can't show that a person has broken the law, simply pass a law saying that he has!
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by Cod:
My brief read of §793(e) makes me think that the section criminalises newspaper editors who publish documents. I'm sure that can't be right, and I wonder what I am missing.
It most certainly does. That conflicts with Freedom of the Press though, which trumps the act, so no press member/organization has ever been convicted of espionage. I can't recall if any have even been charged with it, right now, but I think they haven't.
Posted by Cod (# 2643) on
:
Doesn't the US constitution protect free speech rather than a free press?
If so, wouldn't that cover Assange as much as, say, the Guardian?
Posted by Crœsos (# 238) on
:
quote:
Originally posted by Cod:
Doesn't the US constitution protect free speech rather than a free press?
If so, wouldn't that cover Assange as much as, say, the Guardian?
It does both.
quote:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Insofar as WikiLeaks is publishing (i.e. making public) information, they would seem to qualify as "the press" as much as The Guardian or The New York Times.
Posted by JFH (# 14794) on
:
I know that Mr Assange was here in Sweden in August (when the incidents that are now being investigated occurred) in part to apply for a Swedish publishing authorization, since they say the Swedish constitution has one of the most far-reaching protection of the freedom of the press in the world. He was denied it, though, on account that he hadn't been firmly based in Sweden for those two years that are necessary for being eligible for one, according to those in charge of the decision.
It seems the internet is tricky to place in the world, and Assange obviously wanted to make his website's asserted home country a little bit more certain. Either way, which country's freedom of the press should be in charge of the internet, really? I'm sure if the US can't condemn him, they could always extradite him to some less democratic ally who are also dissatisfied with the contains of Wikileaks, say, Yemen for example...
Posted by Alogon (# 5513) on
:
quote:
Originally posted by Cod:
Another point often missed is that to commit a crime, the criminal act has to be done in or be in some way connected with the jurisdiction whose laws make that act a crime.
Yeah, in the good old days. Then someone thought of prohibiting "sex tourism." That little idea has diluted the concept of jurisdiction irretrievably.
[ 13. December 2010, 19:09: Message edited by: Alogon ]
Posted by Crœsos (# 238) on
:
quote:
Originally posted by Alogon:
quote:
Originally posted by Cod:
Another point often missed is that to commit a crime, the criminal act has to be done in or be in some way connected with the jurisdiction whose laws make that act a crime.
Yeah, in the good old days. Then someone thought of prohibiting "sex tourism." That little idea has diluted the concept of jurisdiction irretrievably.
If the concept of jurisdiction is "irretrievably" damaged by trans-national prosecutions, it could certainly be argued that such damage far predates sex tourism laws. For example, the later Nuremberg trials prosecuted numerous individuals for actions which were perfectly legal under the laws of the Third Reich. While it could be argued that violations of the laws of armed conflict are, by their nature, international in jurisdiction, this distinction isn't obviously applicable to the Judges' Trial or the trials of industrialists who weren't direct combatants.
Posted by JFH (# 14794) on
:
I know that one of the reasons that some of the servers of Wikileaks are placed in Sweden is the extensive freedom of publishing things on the internet, if there is any such stated.
This is also why Wikileaks have been related to the people behind The Pirate Bay - they both have an interest of an internet where people can freely post what they want, although not necessarily for the same reasons.
Posted by orfeo (# 13878) on
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Now the Swedes are appealing a bail decision? That genuinely seems odd to me.
Posted by JFH (# 14794) on
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Yessiree, they do!
Seems they can hold him behind bars for 48 more hours by doing that, and it does seem to be legal, doesn't it?
Others claim it's about the Swedish government trying to work out a deal with the Americans, but I doubt it - that might cause some interesting feelings among the people, interesting because Sweden so rarely experiences extreme political climate. Not making any promises, though.
Posted by Nightlamp (# 266) on
:
I quite like the name of the CIA group dealing with this, the WikiLeaks Task Force.
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