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The Case against
WikiLeaks
A direct threat to our community
Belmarsh Virginia
A quick chronology of WikiLeaks publications…
2008 Petrogate (Perú), exposé of extrajudicial killings
in Kenya (Amnesty Award), Sarah Palin emails.
2009 Companies behind banking collapse in Iceland,
details of censorship in China and Iran.
2010 Collateral Murder Video, Afghan War Diaries,
Iraq War Logs, Cablegate. Julian Assange is arrested
in London, on behalf of Sweden. No charges.
2011 Gitmo Files, Spy Files 1 exposing 160 companies
in mass surveillance industries.
2012 5 million emails of contractor Stratfor – Global
Intelligence Files, Syria Files, Julian granted political
asylum in Ecuador.
2013 TPP text, Spyfiles 2, Manning is sentenced to
35y. Snowden granted asylum in Moscow. Jeremy
Hammond convicted and sentenced to 10 years.
2014 TISA, Spyfiles 3, updated TPP text,
2015 The Sony Archives, The Saudi Cables, Hacking
Team searchable database, TPP final texts.
2016 Clinton, Podesta, DNC emails. TTIP. TISA.
2017 Obama commutes Chelsea Manning sentence.
NSA spying on French Election, Vault 7, SpyFiles
Russia.
2018 Amazon Atlas, US Embassy shopping list.
Weapon dealers. Assange gagged most of the year.
2019 Assange is arrested. Manning is arrested
again. Pope orders, Douma Chemical Attack, Fishrot
Exposed by Julian Assange and WikiLeaks
What happened on April 11, 2019?
Asylum weakened forever.
Charges, as predicted, were UNSEALED
What happened with Sweden? A case of Lawfare.
Charges against WikiLeaks: 175 years in prison
Publishing
Protecting sources
Doing journalism
It is the first time the Justice Department
has ever successfully obtained an
indictment from a grand jury with
Espionage Act charges based exclusively
on the act of publication.
“Journalism has not been
collateral damage in this battle—
it has been the target.”
Masha Gessen, The New Yorker
Three relevant aspects of charges:
- Redactions are irrelevant.
- Mention of WL as “intelligence agency
of the people”.
- More people might be detained and
charged after extradition.
Chelsea Manning, Jeremy Hammond, Ola Bini
“I believe this grand jury seeks to undermine the integrity of public discourse
with the aim of punishing those who expose any serious, ongoing, and
systemic abuses of power by this government, as well as the rest of the
international community…”
“I wish to return home. I want to return to my work — writing, speaking,
consulting, and teaching. The idea I hold the keys to my own cell is an absurd
one, as I face the prospect of suffering either way due to this unnecessary and
punitive subpoena: I can either go to jail or betray my principles. The latter
exists as a much worse prison than the government can construct.”
Chelsea Manning, May 2019
“After seven and a half years of ‘paying my debt to society,’ the government
seeks to punish me further with this vindictive, politically-motivated legal
maneuver to delay my release, knowing full well that I would never cooperate
with their witch hunt. I am opposed to all grand juries, but I am opposed to this
one in particular because it is part of the government’s ongoing war on free
speech, journalists, and whistleblowers. I am insulted that those in power
claim that I have an ‘obligation that every citizen owes his government’ to
testify. As an anarchist, I am not part of their social contract, and do not
recognize the legitimacy of their laws and courts. Instead, I believe in a Dr.
Martin Luther King Jr. quote I had taped to the wall of my prison cell for years:
‘One has an obligation to disobey unjust laws.’”
Jeremy Hammond, October 2019
Understanding extradition as a political process
Extradition: What every London taxi driver will tell you
The issues involved in this case are absolutely fundamental
Sovereignty and
political offences
Surveillance and
legal privilege
Implications for the public
“By the government's own admission, Assange
has been charged for his role in bringing to light
true information, information that exposed war
crimes and wrongdoing perpetrated by the most
powerful military in the history of the world.
It is not just a man who stands in jeopardy, but
the future of the free press.“
Edward Snowden
The “Assange Precedent” for investigative journalism
Alan Rusbridger
“The indictment is a mish-mash of accusations,
including the risk of penalizing any reporter
who does more than sit back and passively
wait for material to be leaked to them”
It is about you...
about someone just like you.
He was busy working in our communities
● Back in 1994 he was co-running one of the first public access internet
provider in Australia.
● He was always involved in the free software movement, contributing
thousands of hours to different projects.
● His code was even used by Apple and in other operating systems.
● He wrote the first open source software implementation of a deniable
cryptography file system, with the intention of helping human rights
defenders working in adversarial environments.
CCC, #26C3 and the charges: we are named there
Our communication practices are there
Chelsea Manning: “an ongoing investigation”
Bad omens from across the water: Daniel Hale,
Joshua Schulte and the DNC suit.
What happens next
What can you do?
- Do not be afraid to speak up.
- Immunise yourself against propaganda.
- Understand what is at stake, this is a
political persecution.
“Assange had been systematically slandered to divert
attention from the crimes he exposed. Once he had
been dehumanized through isolation, ridicule and
shame, just like the witches we used to burn at the
stake, it was easy to deprive him of his most
fundamental rights without provoking public outrage
worldwide.”
Nils Melzer, UN Special Rapporteur on Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment
The UK government needs to know
that the world is watching
- No man is an island even after Brexit
- Key issues include the humanitarian ones,
press freedom and fair trial rights given
pervasive surveillance
- Trial monitoring in February 2020
A final word...
“Justice doesn't just happen. Justice is
forced by people coming together and
exercising strength, unity and
intelligence.”
Julian Assange at 25c3

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The Case against WikiLeaks

  • 1. The Case against WikiLeaks A direct threat to our community
  • 3. A quick chronology of WikiLeaks publications… 2008 Petrogate (Perú), exposé of extrajudicial killings in Kenya (Amnesty Award), Sarah Palin emails. 2009 Companies behind banking collapse in Iceland, details of censorship in China and Iran. 2010 Collateral Murder Video, Afghan War Diaries, Iraq War Logs, Cablegate. Julian Assange is arrested in London, on behalf of Sweden. No charges. 2011 Gitmo Files, Spy Files 1 exposing 160 companies in mass surveillance industries. 2012 5 million emails of contractor Stratfor – Global Intelligence Files, Syria Files, Julian granted political asylum in Ecuador. 2013 TPP text, Spyfiles 2, Manning is sentenced to 35y. Snowden granted asylum in Moscow. Jeremy Hammond convicted and sentenced to 10 years. 2014 TISA, Spyfiles 3, updated TPP text, 2015 The Sony Archives, The Saudi Cables, Hacking Team searchable database, TPP final texts. 2016 Clinton, Podesta, DNC emails. TTIP. TISA. 2017 Obama commutes Chelsea Manning sentence. NSA spying on French Election, Vault 7, SpyFiles Russia. 2018 Amazon Atlas, US Embassy shopping list. Weapon dealers. Assange gagged most of the year. 2019 Assange is arrested. Manning is arrested again. Pope orders, Douma Chemical Attack, Fishrot
  • 4. Exposed by Julian Assange and WikiLeaks
  • 5.
  • 6. What happened on April 11, 2019? Asylum weakened forever.
  • 7. Charges, as predicted, were UNSEALED
  • 8. What happened with Sweden? A case of Lawfare.
  • 9. Charges against WikiLeaks: 175 years in prison Publishing Protecting sources Doing journalism
  • 10. It is the first time the Justice Department has ever successfully obtained an indictment from a grand jury with Espionage Act charges based exclusively on the act of publication.
  • 11. “Journalism has not been collateral damage in this battle— it has been the target.” Masha Gessen, The New Yorker
  • 12. Three relevant aspects of charges: - Redactions are irrelevant. - Mention of WL as “intelligence agency of the people”. - More people might be detained and charged after extradition.
  • 13. Chelsea Manning, Jeremy Hammond, Ola Bini
  • 14. “I believe this grand jury seeks to undermine the integrity of public discourse with the aim of punishing those who expose any serious, ongoing, and systemic abuses of power by this government, as well as the rest of the international community…” “I wish to return home. I want to return to my work — writing, speaking, consulting, and teaching. The idea I hold the keys to my own cell is an absurd one, as I face the prospect of suffering either way due to this unnecessary and punitive subpoena: I can either go to jail or betray my principles. The latter exists as a much worse prison than the government can construct.” Chelsea Manning, May 2019
  • 15. “After seven and a half years of ‘paying my debt to society,’ the government seeks to punish me further with this vindictive, politically-motivated legal maneuver to delay my release, knowing full well that I would never cooperate with their witch hunt. I am opposed to all grand juries, but I am opposed to this one in particular because it is part of the government’s ongoing war on free speech, journalists, and whistleblowers. I am insulted that those in power claim that I have an ‘obligation that every citizen owes his government’ to testify. As an anarchist, I am not part of their social contract, and do not recognize the legitimacy of their laws and courts. Instead, I believe in a Dr. Martin Luther King Jr. quote I had taped to the wall of my prison cell for years: ‘One has an obligation to disobey unjust laws.’” Jeremy Hammond, October 2019
  • 16.
  • 17. Understanding extradition as a political process
  • 18. Extradition: What every London taxi driver will tell you
  • 19. The issues involved in this case are absolutely fundamental Sovereignty and political offences Surveillance and legal privilege
  • 21. “By the government's own admission, Assange has been charged for his role in bringing to light true information, information that exposed war crimes and wrongdoing perpetrated by the most powerful military in the history of the world. It is not just a man who stands in jeopardy, but the future of the free press.“ Edward Snowden
  • 22. The “Assange Precedent” for investigative journalism
  • 23. Alan Rusbridger “The indictment is a mish-mash of accusations, including the risk of penalizing any reporter who does more than sit back and passively wait for material to be leaked to them”
  • 24. It is about you... about someone just like you.
  • 25.
  • 26. He was busy working in our communities ● Back in 1994 he was co-running one of the first public access internet provider in Australia. ● He was always involved in the free software movement, contributing thousands of hours to different projects. ● His code was even used by Apple and in other operating systems. ● He wrote the first open source software implementation of a deniable cryptography file system, with the intention of helping human rights defenders working in adversarial environments.
  • 27. CCC, #26C3 and the charges: we are named there
  • 29. Chelsea Manning: “an ongoing investigation”
  • 30. Bad omens from across the water: Daniel Hale, Joshua Schulte and the DNC suit.
  • 32. What can you do? - Do not be afraid to speak up. - Immunise yourself against propaganda. - Understand what is at stake, this is a political persecution.
  • 33. “Assange had been systematically slandered to divert attention from the crimes he exposed. Once he had been dehumanized through isolation, ridicule and shame, just like the witches we used to burn at the stake, it was easy to deprive him of his most fundamental rights without provoking public outrage worldwide.” Nils Melzer, UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  • 34.
  • 35. The UK government needs to know that the world is watching - No man is an island even after Brexit - Key issues include the humanitarian ones, press freedom and fair trial rights given pervasive surveillance - Trial monitoring in February 2020
  • 37.
  • 38. “Justice doesn't just happen. Justice is forced by people coming together and exercising strength, unity and intelligence.” Julian Assange at 25c3

Editor's Notes

  1. It is not a surprise that Julian was arrested in London, as the statute of limitations of the Espionage Act was approaching and the government of Ecuador was weaker than ever to resist the temptation to collaborate with its most important trade partner. But it was disturbing to see Chelsea Manning arrested again. They are here today.
  2. RA: a quick overview of WikiLeaks publications, an impressive record of the last decade covering key public interest areas.
  3. When proper accountability is exercised, and you exposed the most powerful global leaders, corporations, the security apparatus and even the Pope, you only have a reliable ally left: the people.
  4. Countless media organisations worked through the years with WikiLeaks as media partners.
  5. RA
  6. From day 1, it was argued that the Swedish case was a fast track to limit Julian Assange freedom of movement, and have him arrested before he could travel to a safe jurisdiction and seek asylum or protection. It happened as predicted. The line was crossed.
  7. The case in Sweden and the role media played on it deserved examination. The Justice system failed everyone and it acted irregularly, based on geopolitical motivations rather than the public interest. It cannot be examined out of its context.
  8. NC We don’t need to speculate about the dragnet because it has already begun. Acts of intimidation and petty venegance against those in our communities. CM jailed since 8 March 2019 (one week period), for not cooperating with a grand jury in the EDVA. being fined 1000 USD a day.
  9. CM statement from May motion for her release - on basis she will never cooperate with the GJ
  10. In September this year, Jeremy Hammond - who was nearing the end of his sentence for his role in exposing corrupt and unethical practices by the US intelligence consultancy Strategic Forecasting - was called against his will to testify before the EDVA grand jury. This is from his statement in Cotober. Had this not happened to JH, he would be out of prison by now. He might have been able to participate in Congress.
  11. Technologist Ola Bini was arrested in Ecuador the same day that JA was expelled from the Ecuadorian embassy. After serving two months in horrific conditions in a jail in Quito he was released on a habeas corpus petition. Charged, misunderstanding of substance. Senior figures from the Ecuadorian goverment have proncouned his guilt on tv. In recognition of the deteriorating stu for security researchers ike Ola, a group fo civil soceity orgs has produced statement for the rptoectin of digital human rights defenders. EFF have said that in their opinion thsi is a political prosecution.
  12. NC - it’s at least 50/50. Started as an agreement between sovereigns and has slowly become more legal. But often still a role for politicians. And it is often used for political purposes
  13. NC … is that the UK has an unequal extradition treaty with the US. US just has to fill in the paperwork. All the onus is on the defence. Reason why every UK taxi driver knows this is bc of the 10 year battle to save Gary McKinnon (left). More recently, saving Lauri Love. Won his case at appeal. LL won on two bases. Forum and prison conditions/health. Maybe we’ll see that one comign up again.
  14. Issues of fundamental importance, even if we set to one side the journalism context. JS Mill’s Autobiography (1873, after he died). And this is about ppl from their home countries. If you saw Andy Mueller Maguhn’s talk yesterday morning…
  15. AR
  16. AR
  17. AR
  18. RA
  19. RA
  20. RA
  21. Ra
  22. RA
  23. NC this process is not over - it is ongoing.
  24. Charges being laid, prosecution theories being developed are extremely worrying.
  25. Timeline and basic logistics: 3 or four weeks from 24 February 2020. At Belmarsh Magistrates Court BUT using one of the courtrooms in the bigger courthouse next door. Woolwich Crown Court.
  26. AR
  27. We have to win this in the UK. Unlike the US, the UK is capable of being embarrassed. Global Media Freedom conference. 25 from 12 (set to increase!), RSF, medical professionals