Is Wikileaks committing a crime?

[ProudDad]

"Wikileaks is a private operation, and Assange is a private individual, so whether or not you or I or the pundits or the White House likes what they’re doing is immaterial. The only question that should be asked is: did the release of “cablegate” break the law?

Both Politico and Reuters asked legal experts that question, and the answer is, in all likelihood, no. Wikileaks might have committed a crime had it been connected to a foreign government, but that hasn’t been alleged. According to Reuters, “Other parts of U.S. law make it easier to prosecute people for unauthorized disclosures of undercover U.S. intelligence officers' identities and classified information related to nuclear weapons and electronic eavesdropping …But there is no evidence that Assange or WikiLeaks has trafficked in materials that would fall under those statutes.”

It appears NOT...

http://www.alternet.org/media/149068/is_the_crackdown_on_wikileaks_and_threats_of_julian_assange%27s_arrest_exactly_what_he_was_planning/

[kgnu_fan]

1. NO.

[Taverner]

13. +1000000

[xchrom]

2. Love. It.

So then what's all the establishment hysteria about?

[stray cat]

3. If I find our your SS number and medical records it is not illegal for me to post it on the internet

[Bodhi BloodWave]

4. I'm gonna wager that you will at most get 1 possibly 2

halfway 'reasons/excuses' from Assange cheerleaders on how its vastly different things, I've made this question myself a few times in other threads and its ignored around 80% of the time

[druidity33]

8. If that bothers you...

write to your Congressperson/Senator. Maybe it's time there was a law against that.

:shrug:

[druidity33]

9. oops... that's a dupe.

edit to nt.

[Luminous Animal]

27. You would be subject to being sued for invasion of personal privacy by revealing private facts.

[malaise]

5. No

Go Julian

[Wind Dancer]

6. ..and be safe!

:scared:

[Puregonzo1188]

7. Perhaps, but the US Government most certainly has.

[BzaDem]

10. Depends on whether soliciting classified information is interpreted to be illegal under the

espionage act. I'm not sure.

[sabrina 1]

35. What espionage act? He is not a citizen of this country so not

subject to our laws.

But, speaking of espionage laws, apparently the State Dept. under both Condi and Hillary, DID very likely violate espionage laws when they used the State Dept. to instruct diplomats to engage in espionage against U.N. member states for nefarious purposes.

It's laughable to watch the U.S. currently the biggest lawbreakers in the world, throw a temper tantrum, like the bullies they are viewed as around the world now, over someone publishing documents that reveals their crimes.

No other country, even those also embarrassed by these leaks, is throwing a fit over them. But Congress should be holding hearings to find out why the State Dept. violated espionage laws re the U.N.

[struggle4progress]

11. I don't think we know enough about this yet. A quarter of a million pages of diplomatic cables

looks like a huge breach of security. But it seems at least possible to me that this is somebody's very clever distraction from a less obvious, but potentially more damaging, security weakness

[mmonk]

12. Not by law.

Exposing embarrassing behavior the US government and others don't want you to see or concentrate on is their "crime". They aren't leaking classified information they are bound to. They are just reporting what they have been given.

[Creative]

14. I think it is called espionage.

http://en.wikipedia.org/wiki/Espionage_Act_of_1917

[EFerrari]

19. No, it's not. Wikileaks is not working for any foriegn power

and it didn't steal anything.

[Creative]

21. So, are you suggesting that Wikileaks just pulled this information out of the sky?

[EFerrari]

22. No, I'm asserting that Wikileaks' conduct is not espionage.

Do a search on your own for other opinions. No one is buying it.

[Creative]

23. From what I've gathered, it's a close call for Wikileaks. It could go either way.

On the other hand, those who are feeding them the info have clearly committed criminal acts.

[EFerrari]

24. It's not close at all. It's more that we no longer have the rule of law here.

But don't worry, these pissed off, embarrassed government officials will nail someone. And it won't be Bush or Cheney but a whistle blower, as per usual.

[Creative]

26. I wouldn't be so sure about that--one thing's for sure, Assange will stand trial.

And it will be interesting, to say the least.

(I just hope the Swedes don't jam things up with the rape allegation)

[monmouth]

15. The real crime goes to the media. If they had done their jobs this

would not have been news and much of the corruption could have been avoided. I was just over at HuffPo and was pleased to read many, many, of the posters there think Assange is a hero, the truth will set you free posts.

[treestar]

16. Here is a possible

http://www.law.cornell.edu/uscode/search/display.html?terms=classified&url=/uscode/html/uscode18/usc_sec_18_00000798----000-.html


§ 798. Disclosure of classified information

(a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information—
(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—
Shall be fined under this title or imprisoned not more than ten years, or both.


Of course it's available to all foreign governments now. And the or language includes just any unauthorized person.

[EFerrari]

17. Except no one can argue that informing the American people

of wrongdoing by their government is against the interests of the nation. Although, they do try to argue that.

[mmonk]

25. That information was disclosed to them by a leaker.

Hard to classify it as espionage and square it with freedom of the press, a press that isn't ours. Should Novak be charged under § 798? He disclosed classified information leaked to him.

[msanthrope]

29. I think the Rosenberg case might give some guidance...

I think if Assange is charged, it will be under conspiracy to commit espionage.

[cbdo2007]

18. If someone robs a bank and gives you the money....

can you legally go and give it all to charity?

[EFerrari]

20. LOL. Even better: if you catch someone robbing a bank

and distribute their hold up note, can you legally be scapegoated?

[laughingliberal]

31. Bingo! n/t

[msanthrope]

28. They are looking at the wrong statutes...Assange, if arrested by the US and brought to trial

will see charges of conspiracy to commit espionage.


Ask the Rosenbergs how that worked out for them.


FYI--conspiracy means the government doesnt have to prove he actually commited espionage, or got anyone killed.

[truedelphi]

33. Ew-ww. Hadn't realized that possibility.

Hope what you' re saying is not the truth.

[msanthrope]

34. Oh, yeah....if they go after him, it's going to be for conspiracy to

commit espionage.

[Jackpine Radical]

30. What, you never heard of Thought Crimes?

A crime is whatever Big Brother says it is.

[Swamp Rat]

32. Next thing we'll hear is the so-called "Birthers" will try to prove Assange was born in Hawaii

just so he can be charged with treason. :dunce:

[sendero]

36. Don't care..

... whether some Yoo lawyer can make it into a crime or not. If lying a country into war is not a crime, then I don't think Assange has anything to answer for.