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posted by janrinok on Monday June 20 2022, @04:27AM   Printer-friendly

Julian Assange's extradition from UK to US approved by home secretary

Priti Patel has approved the extradition of the WikiLeaks co-founder Julian Assange to the US, a decision the organisation immediately said it would appeal against in the high court.

The case passed to the home secretary last month after the supreme court ruled there were no legal questions over assurances given by US authorities over how Assange was likely to be treated.

While Patel has given a green light, WikiLeaks immediately released a statement to say it would appeal against the decision.

"Today is not the end of fight," it said. "It is only the beginning of a new legal battle. We will appeal through the legal system; the next appeal will be before the high court."

Also at NYT.


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  • (Score: 5, Insightful) by bradley13 on Monday June 20 2022, @08:04AM (10 children)

    by bradley13 (3053) on Monday June 20 2022, @08:04AM (#1254544) Homepage Journal

    You don't have to like the guy. Not only did he just act as a journalist, he (a) did not perform any of these actions while in the US, and (b) is not a US citizen. What possible basis for prosecution does the US have?

    Of course, the US will trump up some charges. Even if he is ultimately acquitted, they will keep in in jail for years, as the process plays out. More likely, they will trump up some charges that they can stick him with. Think "Martha Stewart", if nothing else.

    --
    Everyone is somebody else's weirdo.
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  • (Score: 2) by DeathMonkey on Monday June 20 2022, @02:16PM (8 children)

    by DeathMonkey (1380) on Monday June 20 2022, @02:16PM (#1254605) Journal

    he (a) did not perform any of these actions while in the US, and (b) is not a US citizen. What possible basis for prosecution does the US have?

    If you hack a bank online from Australia and the US authorities manage to catch you then those charges are all very much legal. There is no difference if that "Bank" happens to be a US intelligence agency.

    Now, whether or not Assange actually did that will be decided by a jury. I make no claim one way or the other on that. I'm just pointing out that your legal analysis above is very flawed.

    • (Score: 4, Informative) by bradley13 on Monday June 20 2022, @02:41PM (3 children)

      by bradley13 (3053) on Monday June 20 2022, @02:41PM (#1254612) Homepage Journal

      My analysis was simplistic, yes. However, see this lovely summary of applicable law [justice.gov], especially the section on jurisdiction on page 113. The relevant bits from the Patriot Act, which is likely the relevant law applicable here:

      Any person who, outside the jurisdiction of the United States, engages in any act that, if committed within the jurisdiction of the United States, would constitute an offense under subsection (a) or (b) of this section, shall be subject to the fnes, penalties, imprisonment, and forfeiture provided in this title if—

      (1) the offense involves an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity within the jurisdiction of the United States; and

      (2) the person transports, delivers, conveys, transfers to or through, or otherwise stores, secrets, or holds within the jurisdiction of the United States, any article used to assist in the commission of the offense or the proceeds of such offense or property derived therefrom.

      Summarized: As I understand this legalese, Assange would have to have (1) accessed a sensitive device in the US (he didn't, Manning did), and (2) stored data in the US (unlikely, but possible - where was his storage located).

      AFAIK, the plan of the prosecution is to claim that he helped Manning to steal the documents, by providing technical advice. Unlikely, since Manning simply had to copy documents to which he had access - no hacking necessary.

      --
      Everyone is somebody else's weirdo.
      • (Score: 3, Informative) by DeathMonkey on Monday June 20 2022, @02:52PM (1 child)

        by DeathMonkey (1380) on Monday June 20 2022, @02:52PM (#1254616) Journal

        (1) accessed a sensitive device in the US (he didn't, Manning did),

        The allegation is that he did exactly that. Manning did as well but the legal case against Assange is based on his own access to that secured device.

        I posted the indictment here, it is alleging he accessed the system directly and without authorization. [soylentnews.org]

        • (Score: 2) by DeathMonkey on Monday June 20 2022, @03:53PM

          by DeathMonkey (1380) on Monday June 20 2022, @03:53PM (#1254644) Journal

          Yikes, the attempt to mod objective reality onto oblivion in this thread is egregious!

          Please, mods and posters, actually look at the indictment I have posted before repeating/modding as fact things that have not been established as facts yet.

      • (Score: 2) by DeathMonkey on Monday June 20 2022, @05:49PM

        by DeathMonkey (1380) on Monday June 20 2022, @05:49PM (#1254685) Journal

        2) the person transports....within the jurisdiction of the United States, any article used to assist in the commission of the offense or the proceeds of such offense or property derived therefrom.

        Sending data from a US server to an external server doesn't count as "transporting" the data within the jurisdiction of the US?

    • (Score: 2) by legont on Monday June 20 2022, @03:22PM (3 children)

      by legont (4179) on Monday June 20 2022, @03:22PM (#1254626)

      If you hack GRU of Russia and Russian authorities managed to catch you anywhere in the world regardless of you working or not for the US or any other government...
      Come to think about it, if you designed a tool and sold it to the perpetrators...

      --
      "Wealth is the relentless enemy of understanding" - John Kenneth Galbraith.
      • (Score: 2) by DeathMonkey on Monday June 20 2022, @03:39PM (2 children)

        by DeathMonkey (1380) on Monday June 20 2022, @03:39PM (#1254637) Journal

        Yes, and the opposite is also true. Remember how all those indictments against Russian citizens for illegally interfering in the 2016 election are just meaningless paper?

        • (Score: 2) by legont on Monday June 20 2022, @03:42PM (1 child)

          by legont (4179) on Monday June 20 2022, @03:42PM (#1254639)

          Well, I am pretty sure Assange will be hard pressed to admit the whole Wikileaks is Russian intelligence operation.

          --
          "Wealth is the relentless enemy of understanding" - John Kenneth Galbraith.
  • (Score: 2) by Thexalon on Monday June 20 2022, @11:33PM

    by Thexalon (636) on Monday June 20 2022, @11:33PM (#1254782)

    Think "Martha Stewart", if nothing else.

    Except that Martha Stewart actually did some criminal stuff involving breaking securities laws. Julian Assange has, as far as anyone can tell, broken no US law whatsoever.

    My understanding is that the theory of prosecution is that he solicited the crime of hacking the Clinton campaign, rather than somebody doing that without his direction and giving him the information to publish. But really, it's just an excuse to get him behind bars any way they can, and his political protection disappeared once he annoyed both powerful Democrats and powerful Republicans.

    --
    The only thing that stops a bad guy with a compiler is a good guy with a compiler.