The following Pirate Parties of Europe have issued a joint statement condemning all attacks on the infrastructure of Wikileaks and employees of Wikileaks.
- Pirate Party of Germany
- Pirate Party of France
- Pirate Party of Italy
- Pirate Party of Austria
- Pirate Party of Russia
- Pirate Party of Switzerland
- Pirate Party of Luxembourg
- Pirate Party of the United Kingdom
The Glenn Greenwald / Kevin Poulsen exchanges this week have centred around a dispute over the alleged Bradley Manning / Adrian Lamo chat logs that form the sole evidence currently implicating Manning in leaking classified information.
As a little more background into Lamo's reliability at the time the chat logs were published, here is a June 22, 2010 thread on Fairfax Underground where someone posted another leaked chat log involving Lamo's wife and Nadim, a person Lamo refers to as a "disgruntled fan".
The original poster also includes the portion of the chat logs which Lamo claims he leaked to Wikileaks, further claiming they then "outed" him as their source. This thread is discussed in an article in DailyTech which contains an update at the end when they discovered that Lamo had actually outed himself "in the form of a podcast interview Lamo gave to an Australian blog site".
All of the evidence into the mental state and reliability of the sole informant in this case raises the question of why chat logs, in the hands of a self proclaimed hacker, passed on to a journalist who professes great respect for the hacking skills of this source, are being treated as reliable legal evidence. In what format were they provided to Wired (and the DoJ)? Was there third party monitoring? Why did Wired believe these logs, knowing their source? Why should anyone?
El País: El jefe de la Guardia Revolucionaria abofeteó a Ahmadineyad, según EE UU (The Chief of the Revolutionary Guard slapped Ahmadineyad's face, according to the United States)
"El presidente de Irán sorprendió a los clérigos con una propuesta de apertura. La diplomacia estadounidense asegura que su fuente es de gran fiabilidad. (Iranian President surprised the clerics with an offer of openness. The American diplomacy affirms its source is completely reliable.)"
El País: EE UU sospecha que el Gobierno de Bolivia simuló una trama terrorista (The United States suspects the Bolivian government faked a terrorist threat)
"Un testigo asegura a la Embajada en La Paz que los servicios de inteligencia prepararon un falso compló para matar a Evo Morales y culpar a la oposición. (A witness assure to the American embassy in La Paz that the intelligence services prepared a fake complot to kill Evo Morales and actually blame his political opposition.)"
El País: EE UU consideró a Enríquez-Ominami un candidato "poco serio" para Chile (The United States believed Enríquez-Ominami was not "a serious enough" candidate for Chile)
""Sus aptitudes son su encanto, sus apellidos y su hermosa mujer", dice un informe. ("His talents are his charm, his family name and his beautiful wife", says a cable.)"
El País: Estambul, nido de espías sobre Irán (Istanbul, nest for spies on Iran)
"El Consulado de EE UU recaba valiosa información entre una diáspora iraní en Turquía amenazada por Teherán. (The American Consulate compiles valuable information between an Iranian diaspora in Turkey threatened by Tehran.)"
In response to today's correction from NPR of their Wikileaks coverage, Matthew L. Schafer at Lippmann Would Roll has compiled a list of other news outlets who should follow their example. While NPR's correction focused on the number of cables published, 1,942 instead of roughly 250,000, Schafer points out other errors that media outlets should avoid:
Moreover, many outlets used phrases similar to “document dump” to describe WikiLeaks’ publishing, which likely leads to the misconception that WikiLeaks did cavalierly publish all 250,000 cables. According to a LexisNexis search, on 397 separate occasions, newspapers around the world used the phrase “document dump.” ...
It’s worth mentioning that often the word “release” is not attributed. That is, the articles do not say to whom the release was made. A release by the website to the public? WikiLeaks’ release of the documents to the newspapers? Thus, a newspaper may say that it was referring to WikiLeaks release of all cables to its newspaper partners, but this is far from clear.
The Case for Privacy
–Evan Hansen, Editor-in-Chief
A Litany of Errors
Rasch, who worked for the Justice Department in Washington D.C., left government service in 1991. I had two prosecutors in my phone-hacking case: David Schindler in Los Angeles and Robert Crowe in San Jose, California.
-Kevin Poulsen, Senior Editor
By my assessment, this very long, two author rebuttal has one newsworthy point, which is the last. This was the reference Greenwald used.
Update: Greenwald comes back here and provides more sources and dates for the Poulsen-Rasch connection here. He also states, and supports, that he was not aware of Jacob Appelbaum's association with WikiLeaks when he wrote the article in question.
El País: El poder: la mejor manera de robar un banco en África (The power: best way of robbing a bank)
"Un confidente revela a EE UU el desvío de 28 millones de las reservas de seis países al clan del presidente de Gabón. (An informer reveals to the United States the skimming of 28 million from the reserves of six countries to the Gabon President's crew.)"
El País: Rania de Jordania es influyente y colabora en la gestión del reino (Rania of Jordan is influential and collaborates in the administration of the kingdom)
"La soberana no es una mera consorte, y su origen palestino divide a los jordanos. (The sovereign is not just a spouse and her palestinian origin divides the Jordan people.)"
El País: El futuro presidente de China es "elitista" y "muy ambicioso" (The next President of China is "elitist" and "very ambitious".)
"Los cables de la diplomacia norteamericana describen a Xi Jinping como un príncipe del régimen al que "solo puede corromper el poder". (The cables from the American diplomacy describe Xi Jinping as a prince of the regime to whom "power can only corrupt".)"
Dave Winer published an excerpt of a promotional email from Amazon today which he calls "the 800 pound gorilla in the room." It sheds more light on Amazon's officially
stated reason for denying service to Wikileaks.
"Government adoption of AWS grew significantly in 2010. The Recovery Accountability and Transparency Board became the first government-wide agency to migrate to a cloud-based environment when it moved Recovery.gov to AWS in March 2010. Today we have nearly 20 government agencies leveraging AWS, and the U.S. federal government continues to be one of our fastest growing customer segments. The U.S. General Services Administration awarded AWS the ability to provide government agencies with cloud services through the government's cloud storefront, Apps.gov. Additional AWS customers include Treasury.gov, the Federal Register 2.0 at the National Archives, the openEI.org project at DoE's National Renewable Energy Lab, the Supplemental Nutrition Assistance Program at USDA, and the Jet Propulsion Laboratory at NASA. The current AWS compliance framework covers FISMA, PCI DSS Level 1, ISO 27001, SAS70 type II, and HIPAA, and we continue to seek certifications and accreditations that make it easier for government agencies to benefit from AWS."
The U.S. Army is interested in giving each of its soldiers a smartphone, and may give them a choice between Apple's iPhone or one running Google Android.
The wonderful database of research into the Manning-Wikileaks prosecution evidence is growing at FireDogLake. They have given us the basic timeline of events, they merged all of the published portions of the chat logs into one version, and then documented everything that Lamo and others had said about the contents of the logs that were not contained in previously released versions here, and they have collected the key Wikileaks-Manning articles here.
They are now working on compiling transcripts for each video/audio Adrian Lamo interview. Already complete and well worth reading are the June 17th, 2010 interview with Glenn Greenwald, parts one and two, and several other key interviews. Thanks once again to FireDogLake for exemplary journalism, because in their own words:
The transcribed data will be used by Marcy Wheeler, Glenn Greenwald and others to try and piece together what actually happened — and hold journalists to a higher standard of more responsible coverage. We’ll also use it to work up a more detailed and extensive timeline of events.
Because it doesn’t appear that the New York Times and other marquee media outlets are going to stop printing Adrian Lamo’s ever-evolving gibberish like it was gospel until they are all able to see, in painful obvious detail, how his story keeps morphing over time.
Shortly after Bank of America decided to halt the processing of Wikileaks-related transactions, it became the newest target for the anonymous group who set into motion Operation Payback, a hacktivist movement aiming to "raise awareness about WikiLeaks and the underhanded methods employed by ... companies to impair WikiLeaks' ability to function." (Press release in pdf format)
On Monday, Bank of America's web site suffered sporadic downtimes, apparently as a result of DDoS attacks--the same kind of attacks that also plagued Visa, Master Card and Paypal, each of which also recently halted its financial services to Wikileaks.
Raw Story was able to confirm, via two third party website verification services, [Bank of America's] site difficulties on Monday (with screenshots here and here).
Greg Mitchell, who pens The Nation's media blog, also noted sporadic outages on Bank of America's domain.
“Assange’s organization indisputably demonstrated the emerging power of social media, while illustrating the risks governments run when they say one thing in private and another in public,” said Marlon Marshall, managing editor of the Regina Leader-Post.
“This was a game-changer in terms of citizen journalism, as well as marking a shift in the balance of power between government, big business and the collective citizenry via social media,” agreed Patricia Graham, editor-in-chief of the Vancouver Sun.
In a recent BBC interview Julian Assange stated: "People affiliated with our organization have already been assassinated." This was not pursued by the BBC interviewer, but apparently caused consternation among other members of the media who had not heard this story. So here it is for reference.
On Thursday afternoon March 5, Oscar Kamau Kingara, director of the Kenyan based Oscar legal aid Foundation, and its programme coordinator, John Paul Oulo, were shot at close range in their car less than a mile from President Kibaki's residence. The two were on their way to a meeting at the Kenyan National Commission on Human Rights.
Both had been investigating extrajudicial assassinations by the Kenyan Police. Part of their work forms the basis of the "Cry of Blood" report Wikileaks released on November 1 last year and subsequent followups, including the UN indictment last month. ...
Two men got out, approached the vehicle of Oscar Kamau Kingara and John Paul Oulu, and shot them through the windows at close range. According to eyewitnesses, the driver of the minibus was in police uniform whilst the other men were wearing suits. The closest eyewitness to the incident was shot in the leg and later taken away by policemen.
THOSE INCITING MURDER UPON JULIAN ASSANGE AND/OR MEMBERS OF HIS FAMILY.
We, among many law abiding citizens of the world deplore and condemn, as applicable, your utterances and writings calling for the extra judicial ie unlawful: kidnapping/assassination/murder/physical harm of Julian Assange, his supporters, Wikileaks workers or members of Assange's family.
We remind you of the laws in your country and others against incitement, inter alia:
In English criminal law, incitement was an anticipatory common law offence and was the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime....The inciter must intend the others to engage in the behaviour constituting the offence, including any consequences which may result, and must know or believe (or possibly suspect) that those others will have the relevant mens rea."
Codified Incitement Law:
(1) Australian Commonwealth
(1) A person who urges the commission of an offence is guilty of the offence of incitement.
(2) For the person to be guilty, the person must intend that the offence incited be committed.
464. Except where otherwise expressly provided by law, the following provisions apply in respect of persons who counsel other persons to commit offences, namely,(a) every one who counsels another person to commit an indictable offence is, if the offence is not committed, guilty of an indictable offence and liable to the same punishment to which a person who attempts to commit that offence is liable; and
(3) United Kingdom
The story of Bradley Manning's arrest has had one crucial detail missing for the last six months. The chat logs allegedly between Adrian Lamo and Bradley Manning have had 75% of their alleged content redacted by the journalists allowed access to them, and the details of the initial contact between Manning and Lamo have never been understood. While the NY Times is content to run a front page article detailing testimony from a mentally unstable ex-felon who is suddenly remembering details that directly contradict what he stated last fall, other journalists have dug much deeper.
Glenn Greenwald continues to call for an end to the chat logs suppression by Wired, as he also continues to pursue the relationships between Wired, the FBI, and Adrian Lamo (the sole provider of evidence against Bradley Manning). A few things we now know, courtesy of Greenwald and the sources he references, about Lamo, his friend Kevin Poulsen who published the chat logs story, and their accomplice Mark Rasch who put Lamo in touch with federal law authorities in order to inform on Manning:
The Guardian: Morgan Tsvangirai faces possible Zimbabwe treason charge
"Lawyers to examine PM's comments on sanctions after WikiLeaks reveals talks with US diplomats. Zimbabwe is to investigate bringing treason charges against Prime Minister Morgan Tsvangirai and other individuals over confidential talks with US diplomats revealed by WikiLeaks."
The Guardian: WikiLeaks: rule of law in Mikhail Khodorkovsky trial merely 'gloss'
"US dismisses Russian efforts to show due process in tycoon's trial, whose verdict is due today, as 'lipstick on a political pig'.
The trial of Russian oligarch Mikhail Khodorkovsky shows the Kremlin preserves a "cynical system where political enemies are eliminated with impunity", US diplomats say in classified cables released by WikiLeaks today." [Though this information has been already released by El País: 26-12-2010]
El País: EE UU usa el arresto de un marine de la VI Flota para tildar de racista a la policía (The United States used the case of an arrested marine to argue that the police in Spain are racist)
"Washington alertó el pasado verano a sus ciudadanos del riesgo que corrían los turistas afroamericanos que viajaran a España. (Last summer, Washington warned its citizens about the alleged risk for African-American tourists traveling to Spain.)"
El País: Siria alentó el ataque a las embajadas por las caricaturas de Mahoma (Syria cheered the attack against the embassies do to the Muhammad cartoons)
"El primer ministro dio instrucciones al gran muftí para que los imanes caldearan las protestas. El régimen usó los disturbios para legitimarse. (The Prime Minister gave instructions to the Great Mufti to encourage the protests through the Imams. The regime utilized the disturbances to publicize itself.)"
El País: "Piñera maneja la política y sus negocios al límite de la ética y la ley" ("Piñera leads politics and business on the ethical and legal edge")
"La Embajada de EE UU en Santiago siguió con recelo la carrera del actual presidente de Chile antes de la campaña que le llevaría al poder en 2010. (The American Embassy in Santiago followed with mistrust the current Chilean President's road to the campaign that gave him the power in 2010.)"
The Sydney Morning Herald: Australian police help build secret hit lists
"Australian police in Afghanistan have helped compile secret intelligence files on insurgent leaders later targeted in capture-or-kill missions by special forces soldiers.
The Pentagon has confirmed that Australian Federal Police officers are ''assigned to work with'' a joint police task force in Kabul that produces files used by military commanders to "shape the battlefield" - a term often used to describe the capture-or-kill raids mounted by elite troops in Afghanistan."
El País: China garantizó su apoyo a EE UU en lo peor de la crisis financiera (China announced its support to the United States during the worst part of the financial crisis)
"Pekín sugirió que seguiría comprando deuda pública estadounidense tras la quiebra de Lehman Brothers para no recrudecer la crisis. Amenazó a Washington con cambiar su política de adquisición de bonos por una operación de venta de armas a Taiwán. (Beijing suggested that it will keep buying American public debt after Lehman Brothers bankruptcy to not make the crisis worse. Though it threatened Washington with changing that policy due to an American weapons deal with Taiwan.)"
El País: Washington destapó el ataque israelí a Siria tras ocultarlo siete meses (Washington unveiled the Israeli attack against Siria after covering it for seven months)
"EE UU solo informó a sus aliados del bombardeo de una planta atómica secreta en el desierto sirio para impulsar la investigación nuclear de Naciones Unidas. (The United States informed only to its allies about an Israeli bombing of a secret nuclear facility in the Syrian desert in order to push nuclear investigations in the UN forward.)"
El País: EE UU ve el juicio contra Jodorkovski como una farsa (The United States sees the trial against Mikhail Khodorkovsky as a charade)
"La Embajada en Moscú considera que el antiguo magnate del petróleo ruso es una víctima del régimen de Putin. (The American Embassy in Moscow believes the former russian oil magnate is a victim of Putin's regime.)"
The New York Times: Cables Portray Expanded Reach of Drug Agency
"The Drug Enforcement Administration has been transformed into a global intelligence organization with a reach that extends far beyond narcotics, and an eavesdropping operation so expansive it has to fend off foreign politicians who want to use it against their political enemies, according to secret diplomatic cables."
El País: Dubái reveló la pista israelí en la muerte de un líder de Hamás por temor a represalias (Due to feared sanctions, Dubai revealed the Israeli track on the death of famous Hamas leader)
"El emirato quiso evitar que los radicales lo considerasen cómplice del Mosad. (The Emirate wanted to prevent the radicals from thinking Dubai was working with Mossad.)"
El País: El Gobierno pidió ayuda a la CIA para paralizar la construcción de una fábrica española de ácido nítrico en Libia (The Spanish government asked for help to the CIA to prevent a Spanish factory of Nitric Acid from working in Libia)
"Técnicas Reunidas nunca logró hacer la planta por la sospecha de que la factoría sirviese para elaborar combustible para misiles Scud. ("United Techniques" never achieved its facilities in Libia due to the suspicion of producing fuel for Scud missiles.)"
El País: La Agencia Antidroga de EE UU pone el punto de mira en África Occidental (The American Drug Enforcement Administration focuses on West Africa)
"La DEA alerta de que la región ha caído en manos de los narcotraficantes sudamericanos. Los carteles usan esos países como escala en la ruta internacional de la cocaína. (The DEA warns about the region, allegedly on the ands of South American drugdealers. The cartels use these countries as part of the international route of cocaine.)"
El País: El presidente de Panamá pidió a la DEA escuchas telefónicas (The President of Panama asked the DEA to wiretap [other politicians])
"La agencia respondió que no espiaba a "objetivos políticos". (The Administration answered that they do not spy on "political targets".)"
Backtracking a little from the UK’s Extradition Act (in the Extradition 1 post) it is necessary to understand that the origin of that legislation comes from the European Arrest Warrant (“EAW”) regime in turn based on the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.(Pdf)
It is also necessary to understand that where interpreting legislation like the UK’s Extradition Act (that will be applied in Assange's hearing) and if finding ambiguity or uncertainty, resort can be made--ordinarily to parliamentry second reading speeches in countries like Australia for example
—to examining, in this case, that very document of the Council Framework Decision.
The Preamble to the Council Framework Decision states in part:
I object to the Guardian's decision to publish selective passages from the Swedish police report, whilst omitting exculpatory evidence contained in the document. ...
Assange has been criticized for not being willing to return to Sweden to prove his innocence. It is hardly surprising he has reservations, given Sweden's human rights record. ...
In the Today Show on December 21st, Assange revealed that Sweden has requested that if he returns and is arrested, he is to be held incommunicado, and his Swedish lawyer is to be given a gag order. ...
I suspect that what is on trial here is not Julian Assange's alleged sexual misconduct, but freedom of speech ....
Le Monde Magazine: WikiLeaks: défis et limites de la transparence (WikiLeaks: challenges and limits of transparency)
"Julian Assange homme de l'année? Time Magazine a hésité, puis lui a préféré Mark Zuckerberg, le père de Facebook. L'homme de WikiLeaks, ou l'homme de Facebook? Le Monde a hésité aussi, mettant en plus dans la balance une femme exemplaire, qui n'a créé ni site pour fuites géantes ni réseau social, mais qui inspire tout un peuple par son idéal et son courage, Aung San Suu Kyi. Puis nous avons choisi Julian Assange – un choix confirmé par celui des lecteurs du Monde.fr."
(Julian Assange: man of the year? Time Magazine hesitated, then chose instead Mark Zuckerberg, father of Facebook. The man of WikiLeaks, or the man of Facebook? Le Monde also hesitated, balancing as well an exemplary woman who has created neither a giant site for leaks nor a social-networking giant but who has inspired an entire people by her ideals and her courage, Aung San Suu Kyi. Finally we have chosen Julian Assange, a choice confirmed by the readers of Le Monde.fr.)
Photo credit: Le Monde
Glenn Greenwald has assembled a graphic collection of headlines from around the world that dramatize how much WikiLeaks has revealed since April 2010, and counters claims either that there was "nothing new" in the documents or that they have done "grave harm" to U.S. national security.
As a coda to the succession of headlines, Greenwald writes:
Those are the truths that led WikiLeaks -- and whomever the leaker(s) is -- to sacrifice their own interests in order to disclose to the world.