Cellos88GT
Well-Known Member
1. Ok, better analogy- "If I had some matches right now, I'd burn down your business". You were threatening to incapacitate the virtual "shop-front" of this organisation.
Fair enough. However, if I had the capability to do it I still would. No one is benefitting from this site's nonsense. If anything it has made the jobs of those employed by the government a bigger pain in the ass. Now gov'ts will spend more money a closer-knit security and confidentiality due to stupid and mindless organizations like these.
2. Seriously? Sweden would issue an arrest warrant for you, your the authorities that preside over the jurisdiction you are currently in will then arrest you. An extradition hearing will be held, and if there is a prima facie case you will be extradited to Sweden to face the charges there. Does sound familiar...?
According to US law, the request for extradition must be reviewed by the Justice Department's Office of International Affairs then the US Attorney Office, and finally by the Secretary of State. So if I were to commit such an act, how do you think these offices will rule? In the eyes of the gov't, I'd be doing them a huge favor, why would they release me to Sweden?
3. There is a legal distinction between the theft and the leaking of property (theft is the taking of property, with no intention of returning it. Leaking is where copies of a document are taken. The originals stay where they are, somebody has just illegally obtained and disseminated copies.) Hence why wikileaks (or any other person/organisation possessing the leaked documents for that matter) can be charged with possession of stolen property. By your definition, we should be charging every person who downloaded the cables (including major news agencies) with possession of stolen property)
Movies and music get "leaked" all the time they are never physically taken yet the copyright laws allow hollywood and the RIAA track people down charge them to the full extent of copyright law.
Oh yeah, and as others have said, even if something is marked as confidential/secret/whatever, it is still under the ownership of the people. Only access to it is restricted. Again, this is why the documents cannot be regarded as stolen if the people who technically own them took them. Hence the need for criminal law regarding leaking the documents.
This country already has its laundry list of laws regarding confidential documents and the end of the day if you take a document without permission you will be tried and arrested.
4. The reason the site/Assange cannot be charged with treason has been stated over and over. Assange is an Australian citizen, not American. You can only commit treason against the country you are a citizen of. And I'm not even sure if organisations can be accused of treason in the first place (and no way would Wikileaks be a US-based organisation)
Yes, I understand that. It is unfortunate that he cannot be charged with any real crime but that is the harsh reality of the situation. I don't agree with the US for making up a crime to have him arrested but their needs to be some action so this doesn't happen again.
5. Yeah, the US is going to put one hacker's interests over that of a fair judicial system, international fairness, the wishes of the prosecutors, etc. There is also a little thing (at least, I hope the US has this- works wonders in Aus) called the separation of powers- the judicial system is completely separate from the legislative system. The government has no control over the courts, the judges or their rulings. In other words, the only thing the government could do for you if you were charged is try and fight having to arrest you (which I doubt would happen-way people are talking at the moment it seems like Sweden and the US have an extradition treaty in place) or give you a good lawyer. They don't have the power to wave a wand and make the charges go away. Or at least I hope all of that is true, somebody clues up on US law feel free to correct me if there is no separation of powers in the US.
Haven't you heard of presidential pardons?
Very few countries could give a shit about international "fairness" especially when it involves the best interests of said country. Also no country would be able to trace my attempt at shutting the site down, so all of this is null.
Wikileaks has given those that have viewed and downloaded the cables a loaded gun and now the world will have to depend on the ethics of these citizens and hope nothing negative will come from this. But, knowing how people in this world behave and where their true ethics lie I can't say that I'm optimistic about the out come.
On top of all this, I feel sorry for all future and current employees of the US gov't as the added bureaucracy due to this bullshit will suck big time.