PayPal joined Moneybookers, Amazon, Tableau and EveryDNS in cancelling services for WikiLeaks.

In a statement posted on its website, the company wrote: "PayPal has permanently restricted the account used by WikiLeaks due to a violation of the PayPal Acceptable Use Policy, which states that our payment service cannot be used for any activities that encourage, promote, facilitate or instruct others to engage in illegal activity. We’ve notified the account holder of this action."

Daniel Ellsberg and many WikiLeaks supporters have called for a boycott of Amazon. PayPal may be next.

There are many other ways for supporters of truth and free speech to contribute to WikiLeaks, and we would like to encourage you to do so: http://213.251.145.96/support.html

By Peter Kemp, Solicitor of the Supreme Court of New South Wales, on 2010-12-04

Dear Prime Minister
From the Sydney Morning Herald I note you made a comment of "illegal" on the matter of Mr Assange in relation to the ongoing leaks of US diplomatic cables.

Previously your colleague and Attorney General the Honourable McClelland announced an investigation of possible criminality by Mr Assange.

As a lawyer and citizen I find this most disturbing, particularly so when a brief perusal of the Commonwealth Criminal Code shows that liability arises under the Espionage provisions, for example, only when it is the Commonwealth's "secrets" that are disclosed and that there must be intent to damage the Commonwealth.

Likewise under Treason law, there must be an intent to assist an enemy. Clearly, and reinforced by publicly available material such as Professor Saul's excellent article:
http://www.theage.com.au/opinion/society-and-culture/dont-cry-over-wikil...
...Julian Assange has almost certainly committed no crime under Australian law in relation to his involvement in Wikileaks.

I join with Professor Saul also in asking you Prime Minister why has there been no public complaint to the US about both Secretaries of State Condaleeza Rice and Hillary Clinton being in major breach of International law ie UN Covenants, by making orders to spy on UN personnel, including the Secretary General, to include theft of their credit card details and communication passwords. Perhaps the Attorney General should investigate this clear prima facie evidence of crime (likely against Australian diplomats as well), rather than he attempts to prosecute the messenger of those crimes.

While some of his colleagues are calling for Julian Assange to be prosecuted as a terrorist or assassinated, in an interview on Fox News' Freedom Watch on Thursday, Republican Rep. Ron Paul said that Julian Assange and WikiLeaks should get the same kind of protections as the mainstream media when it comes to releasing information.

"In a free society we're supposed to know the truth," Paul said, quoted by Politico. "In a society where truth becomes treason, then we're in big trouble. And now, people who are revealing the truth are getting into trouble for it."

"This whole notion that Assange, who's an Australian, that we want to prosecute him for treason. I mean, aren't they jumping to a wild conclusion?” he added. “This is media, isn't it? I mean, why don't we prosecute The New York Times or anybody that releases this?"

"What we need is more WikiLeaks about the Federal Reserve," he added. "Can you imagine what it'd be like if we had every conversation in the last 10 years with our Federal Reserve people, the Federal Reserve chairman, with all the central bankers of the world and every agreement or quid-pro-quo they have? It would be massive. People would be so outraged."

In a Twitter post on Friday, Ron Paul wrote: "Re: WikiLeaks — In a free society, we are supposed to know the truth. In a society where truth becomes treason, we are in big trouble."

Read more at Politico, CBS News and Raw Story

(Parts 1-4 of this coverage series can be found here, here, here, and here.)

United States: The Office of Management and Budget today directed all federal agencies to bar employees from accessing the Wikileaks web site. Talking Points Memo obtained a copy of letter sent out by OMB, which "directed the agencies to immediately tell their employees to 'safeguard classified information' by not accessing Wikileaks over the Internet.

Classified information, the OMB notes, 'remains classified ... until it is declassified by an appropriate U.S. Government authority.' Employees may not view classified info over a non-classified system (i.e., the Internet), the OMB says, 'as doing so risks that material still classified will be placed onto non-classified systems.'"
Read more

AFP, The Guardian and CNN have more on the story.

Update 1: Gawker reports that "U.S. soldiers in Iraq who try to read about the Wikileaks disclosures—or read coverage of them in mainstream news sites—on unclassified networks get a page warning them that they're about to break the law.[...]

A tipster wrote to tell us that 'the Army's unclassified, NIPRNET network in Iraq has blocked every major news website because of the Wikileaks issue,' going on to say that Foxnews.com, CNN.com, MSNBC.com, the Huffington Post, and a variety of other sites are blocked on the Army's unclassified network."

Update 2: US corporations are getting in on the censorship game too. We are informed that HP sent out a letter to all employees warning them not to visit the WikiLeaks website. Will HP censor The New York Times as well?

Canada: The Montreal Gazette reports that "Defence Department staff have been warned against using government computers to sift through secret documents released by WikiLeaks. An email dubbed 'Wikileaks Notice' in the subject line says military computers are 'not to be used to visit the Wikileaks site or any other websites containing such information.'"

Update 3: Australia: We were also informed that a letter was sent out on the Australian defence network yesterday, warning employees not to access WikiLeaks, which would be considered a security breach.

TIME magazine's December 13 edition features Julian Assange on the cover and a number of WikiLeaks-related articles, including Massimo Calabresi's cover story, WikiLeaks' War on Secrecy: Truth's Consequences, and an additional feature by Fareed Zakaria: WikiLeaks Shows the Skills of U.S. Diplomats.

Further TIME WikiLeaks coverage includes an interview with Julian Assange, features on the US relationship with Germany and Pakistan, and deception in Mideast diplomacy. TIME also spoke with Julian Assange's lawyer Björn Hurtig about the Sweden case.

We would like to remind you that you can still vote for Julian Assange in TIME's Person of the Year reader poll.

The Australian Media, Entertainment and Arts Alliance issued an official statement on WikiLeaks:

Alliance condemns WikiLeaks backlash

The Alliance condemns the political attacks being made against whistleblowing website WikiLeaks, and says the vital role of the press in reporting matters in the public interest and holding the powerful to account must be respected.

Amazon.com ceased to host WikiLeaks after United States officials condemned the torrent of revelations about political, business and diplomatic affairs that has given the public unprecedented access to detailed information from United States sources, much of it embarrassing to leading public figures.

“Amazon’s decision is extremely disappointing,” said Alliance federal secretary, Christopher Warren. “We need to take a step back from the hysteria. It is not known whether WikiLeaks has broken any law. It has – via a free media – upheld the public’s right to know. ”

The Alliance welcomes the decision of WikiLeaks to collaborate with respected publications, including Der Spiegel, The Guardian, the New York Times, Le Monde and El Pais.

“These publications have given assurances that the material published does not put the lives of individuals or sources at risk or reveal material that compromises ongoing military operations or the location of special forces.” said Warren

The Alliance is concerned that the Australian Government has signalled that it may attempt to pressure Australian media outlets not to report some of the WikiLeaks information. “Given that WikiLeaks is working with five leading media organisations around the world to publicise the Cablegate material, any attempt to muzzle the Australian media in this instance would ultimately prove pointless,” Warren said.

The Alliance is concerned about the welfare and well-being of WikiLeaks founder Julian Assange, and Bradley Manning, the United States soldier who is under arrest and suspected of leaking the information.

“This is a time for calm. The leaks are astonishing in their volume, and what they reveal. But this is not the first time that government or diplomatic material has been leaked.” said Warren.

The Alliance says attacks on Assange and Manning point to a dangerous atmosphere of intolerance and persecution not just for the two men, but for all journalists investigating public affairs.

Martin Kettle, The Guardian: WikiLeaks: Openness against secrecy has a rich history of struggle

"Why WikiLeaks? Or, why these leaked documents and not other ones, and why these documents now? The answers may seem obvious. Because we can. Because they're there. Because we want to. Because it is in the public interest, or at least of interest to the public, even though that's not the same thing. All these are parts of the larger answer. But they aren't the full explanation.[...]

The broad parallels with today are very strong. A war that was widely opposed; a traumatic generational experience; a collective belief that the people were deceived; a conviction that public inquiries and the opening up of documents would reveal the incriminating evidence, and a desire to change the rules, above all by making them more democratically accountable, to avoid the same thing happening again. All these were present in the generation that lived through the first world war. All are present today in the generation that has lived through the Iraq and Afghan conflicts.[...]

Why WikiLeaks? Partly because we can. But, now as in the past, it is about a needless war and the governments that chose to fight it."
Read more

David Samuels, The Atlantic: The Shameful Attacks on Julian Assange

"It is dispiriting and upsetting for anyone who cares about the American tradition of a free press to see Eric Holder, Hillary Clinton and Robert Gibbs turn into H.R. Haldeman, John Erlichman and John Dean. We can only pray that we won't soon be hit with secret White House tapes of Obama drinking scotch and slurring his words while calling Assange bad names.[...]

But the truly scandalous and shocking response to the Wikileaks documents has been that of other journalists, who make the Obama Administration sound like the ACLU.[...] It is a fact of the current media landscape that the chilling effect of threatened legal action routinely stops reporters and editors from pursuing stories that might serve the public interest - and anyone who says otherwise is either ignorant or lying. Every honest reporter and editor in America knows that the fact that most news organizations are broke, combined with the increasing threat of aggressive legal action by deep-pocketed entities, private and public, has made it much harder for good reporters to do their jobs, and ripped a hole in the delicate fabric that holds our democracy together.

In a memorandum entitled "Transparency and Open Government" addressed to the heads of Federal departments and agencies and posted on WhiteHouse.gov, President Obama instructed that "Transparency promotes accountability and provides information for citizens about what their Government is doing." The Administration would be wise to heed his words -- and to remember how badly the vindictive prosecution of Daniel Ellsberg ended for the Nixon Administration. And American reporters, Pulitzer Prizes and all, should be ashamed for joining in the outraged chorus that defends a burgeoning secret world whose existence is a threat to democracy."
Read more

Editorial, The Guardian: US embassy cables: Wiki witch-hunt

"There have been various suggestions as to what to do to Julian Assange, the founder of WikiLeaks, after a week in which his revelations have severely embarrassed US diplomacy. Tom Flanagan, a former aide to the Canadian prime minister, called for his assassination, and then regretted his glib remark. Mike Huckabee said that those found guilty of leaking the cables should be executed for putting national security at risk. You would expect a future Republican presidential candidate to say that. But a Democrat administration is close behind. A team from the justice department and the Pentagon are exploring whether to charge Mr Assange under the Espionage Act. The US attorney general, Eric Holder, has said this is not sabre-rattling. Are they all about to turn into minions of which Richard Nixon would have been proud?

More insidious than that was the complacent yawn emanating from from sections of the liberal commentariat for which freedom of information is a given. So what's new about the Gulf Arab Sunnis wanting America or Israel to bomb Iran, or Colonel Gaddafi's taste for blonde Ukrainian nurses, or Nicolas Sarkozy being described as mercurial and authoritarian, they sneer. Maybe for them, nothing is new. Would that we all could be so wise. But for large areas of the world which do not have the luxury of being able to criticise their governments, the revelations about the private thoughts of their own leaders are important."
Read more

Jay Rosen on Pressthink (video)

"While we have what purports to be a "watchdog press" we also have, laid out in front of us, the clear record of the watchdog press's failure to do what is says it can do, which is to provide a check on power when it tries to conceal its deeds and its purpose. So I think it is a mistake to reckon with Wikileaks without including in the frame the spectacular failures of the watchdog press over the last 10, 20, 40 years, but especially recently. And so, without this legitimacy crisis in mainstream American journalism, the leakers might not be so inclined to trust Julian Assange and a shadowy organization like Wikileaks. When the United States is able to go to war behind a phony case, when something like that happens and the Congress is fooled and a fake case is presented to the United Nations and war follows and 100,000s of people die and the stated rationale turns out to be false, the legitimacy crisis extends from the Bush government itself to the American state as a whole and the American press and the international system because all of them failed at one of the most important things that government by consent can do: which is reason giving. I think these kind of huge cataclysmic events within the legitimacy regime lie in the background of the Wikileaks case, because if wasn't for those things Wikileaks wouldn't have the supporters it has, the leakers wouldn't collaborate the way that they do and the moral force behind exposing what this government is doing just wouldn't be there."
Watch the video

Simon Jenkins, The Guardian: In this World Cup sewer, we reptiles of British journalism hold our heads high

"Yet journalism's stock-in-trade is disclosure. As we have seen this week with WikiLeaks, power loathes truth revealed. Disclosure is messy and tests moral and legal boundaries. It is often irresponsible and usually embarrassing. But it is all that is left when regulation does nothing, politicians are cowed, lawyers fall silent and audit is polluted. Accountability can only default to disclosure. As Jefferson remarked, the press is the last best hope when democratic oversight fails, as it does in the case of most international bodies.

I found myself chastised this week for my defence of WikiLeaks, on the ground that thieves should not revel in their crime by demanding that victims be more careful with their property. But in matters of public policy who is thieving what from whom? The WikiLeaks material was left by a public body, the US state department, like a wallet open on a park bench, except that in this case the wallet was full of home truths about the mendacity of public policy.[...]

What is intriguing is the hysteria of power at seeing its inner beliefs and processes revealed. The denunciation of WikiLeaks as an "attack on America" from the political right is similar to the attitude of Britain's football authorities towards the Sunday Times and the BBC. Someone had broken wind in church. Truth briefly swept aside the deceptions of public form and left reality exposed. The players in a once subtle game that had fallen to lying and cat-calling were suddenly told to stop, pull themselves together and look each other in the eye. As the great Donald Rumsfeld said, stuff happens. The air is cleared.[...]

So thank goodness for disclosure. Thank goodness for journalism."
Read more

World Socialist Web Site: The persecution of WikiLeaks’ Julian Assange

Joseph Kishore writes on behalf of WSWS: "The American state, its spokesmen in the mass media, and its allies around the world are engaged in an international campaign of vilification and persecution against WikiLeaks’ founder Julian Assange.

This campaign has nothing to do with any supposed crime he has committed, since he has committed none. He is the target of an international manhunt for his role in lifting the lid on the lies and criminal operations of imperialist powers the world over—above all, in the United States.[...]

The persecution of Assange in an effort to silence this exposure is not simply a threat to one individual. The methods employed against WikiLeaks will be used against all opposition to the policies of the corporate and financial aristocracy.[...]

In the final analysis, the hysterical witch-hunt against Assange and WikiLeaks is not any sign of strength on the part of the American ruling elite and its state, but rather of fear and weakness. Intensely conscious of the crisis and instability of the political and economic system, they fear that revelations of state crimes will only fuel the inevitable eruption of mass working class opposition to their reactionary policies in the US and around the world. It is this emerging movement of social struggles on a global scale that must undertake an implacable defense of Assange, WikiLeaks and all those who seek to drag the crimes and conspiracies of imperialism into the light of day."
Read more

Robert Niles, Online Journalism Review: Wikileaks challenges journalists: Whose side are you on?

"I hope that Wikileaks, at the very least, encourages reporters to be more aggressive in challenging authority and working with sources to get information that officials, in government or industry, would prefer to keep from the public's eyes.

Sources with government and industry want the truth to get to the public. If journalists do not provide the means to make that happen, alternate media such as Wikileaks will do it instead. Personally, as a citizen, I'm thankful for that.[...]

Reporters' reaction to Wikileaks divides us into two camps: Those who want to see information get to the public, by whatever means, and those who want to control the means by which information flows. While it's fine to want to be the reporter who always gets the scoop, I can't support journalists who imply that the public's better served by having stories go unreported than going through "Journalism-approved" channels.

If you're upset with the way that Wikileaks is getting information to the public, then you'd better try harder to gather and publish that information yourself. (As Rosen suggested yesterday, we wouldn't have Wikileaks if we had a functioning watchdog press.) And if you think that the public shouldn't have information that the government wishes to withhold, might I suggest that you are in the wrong line of work?"
Read more

Nikki Usher, Nieman Journalism Lab: Why WikiLeaks’ latest document dump makes everyone in journalism — and the public — a winner

"Imagine this: Look at what happens when mainstream news and whatever we want to call WikiLeaks work together. The forces are not in opposition but are united with a common goal — again, informing the public — and the result is that mainstream news can do what it does best thanks to the help of the information WikiLeaks provides. (But, of course, it couldn’t do it without WikiLeaks.) This is a moment of glory for all those who talk about crowdsourcing, user-generated content, and the like. Perhaps this is the ultimate form of users helping to create and shape the news. And the result is a better-informed public.

The takeaway here: Everyone in journalism — from its practitioners to its recipients — emerges from this data drop as a winner."
Read more

Dominique Cardon, Le Monde: En finir avec le culte du secret et de la raison d'Etat (End the cult of secrecy and reasons of state)

"Under the pretext of a tyranny of transparency, the affair WikiLeaks has reanimated in some the cult of secrecy and of reasons of state. One more revelation, and it will be the virtues of Machiavellian politics that will be rehabilitated, and, with them, this habit of protecting any and all acts on behalf of the discretionary "secret defence" power.[...]

It is however less the risk of transparency than that of opacity that threatens the communication of the economic and political powers today. The demand for inside information appears thus as a countereffect to the hypertrophy of communication strategies that clothe the discourse of power in a language increasingly artificial.

Whatever its origin, the abundance of data does not constitute a "conter-democracy" without the mobilization of communities of interpreters who can give it context, sense, narrative and visibility. Societal conversation demands greater and easier access to data, but it demands above all that the politics create a desire for conversation."
Read more

Rebecca MacKinnon, CNN: WikiLeaks, Amazon and the new threat to internet speech

"While Amazon was within its legal rights, the company has nonetheless sent a clear signal to its users: If you engage in controversial speech that some individual members of the U.S. government don't like -- even if there is a strong case to be made that your speech is constitutionally protected -- Amazon is going to dump you at the first sign of trouble.

Let's hope that there will always be other companies willing to stand up for our rights as enshrined both in the U.S. Constitution and in the Universal Declaration of Human Rights -- and by extension their right to do business with us.

The future of freedom in the internet age may well depend on whether we the people can succeed in holding companies that now act as arbiters of the public discourse accountable to the public interest."
Read more

Sofia Mirjamsdotter, Metro: Bara en diktatur kan förbjuda Wikileaks (Only a dictatorship would ban WikiLeaks)

"Either you believe in democracy and freedom of speech, or you do not. There is no middle position.

The internet allows for the collection and dissemination not only of innocent status updates from private individuals, but also, as in the case of WikiLeaks, of document addressing issues directly linked to world peace and war.

Every friend of democracy must appreciate this. Any person who believes in and advocates freedom of speech should encourage and cheer for this kind of use of the internet.

Democracy is back. And one of its tenets is that we must abide by the majority, even when the majority are wrong. Another is that we must allow all kinds of opinions, even those we disagree with. The alternative is that a few should be placed above all others, and that they should decide what is acceptable to say. Another word for that is dictatorship."
Read more

The Guardian: WikiLeaks cables: Conservatives promised to run 'pro-American regime'

"Conservative party politicians lined up before the general election to promise that they would run a "pro-American regime" and buy more arms from the US if they came to power this year, the leaked American embassy cables show.[...]

The incoming Conservatives appear to have made some wide-ranging offers of political co-operation with the US. The cables detail a series of private meetings with Tory frontbenchers, many of whom are now in the cabinet.

Liam Fox, now the defence secretary, promised to buy American military equipment, while the current foreign secretary, William Hague, offered the ambassador a "pro-American" government. Hague also said the entire Conservative leadership were, like him, "staunchly Atlanticist" and "children of Thatcher"."
Read more

The Guardian: WikiLeaks cables reveal how US manipulated climate accord

"Hidden behind the save-the-world rhetoric of the global climate change negotiations lies the mucky realpolitik: money and threats buy political support; spying and cyberwarfare are used to seek out leverage.

The US diplomatic cables reveal how the US seeks dirt on nations opposed to its approach to tackling global warming; how financial and other aid is used by countries to gain political backing; how distrust, broken promises and creative accounting dog negotiations; and how the US mounted a secret global diplomatic offensive to overwhelm opposition to the controversial "Copenhagen accord", the unofficial document that emerged from the ruins of the Copenhagen climate change summit in 2009."
Read more

Der Spiegel: "'Operation Scorched Earth': A US Hand in Yemen's Civil War"

France: The French minister for industry, energy and digital economy, Eric Besson, wrote to CGIET, the body governing internet use, to ask that hosting for WikiLeaks in France be terminated, reports Libération. WikiLeaks has been partly hosted by French provider OVH since December 2nd, after Amazon cancelled its hosting service under political pressure from Sen. Lieberman's office.

Besson wrote that "The situation is unacceptable. France cannot host websites that violate diplomatic relations secrecy and endanger persons protected by diplomatic confidentiality. We cannot host sites that have been called criminal and rejected by other countries on the basis of harm to national rights." One would be tempted to ask Mr. Besson whether he is suggesting that Le Monde cannot be hosted in France either, seeing as how the paper has published exactly the same material as WikiLeaks.

OVH however did not bow to the pressure, responding in a letter that it will refer the issue of the legality of hosting WikiLeaks to a judge, and that "it was not up to the politicians or OVH to request or decide the closure of the site."

Pakistan: The Lahore High Court on Friday dismissed a petition seeking a ban on the Wikileaks website. The petition argued that "since Pakistan had good bilateral relations with a number of countries, particularly Saudi Arabia, the leakage of secret information would adversely affect these ties," reports Pakistan Dawn

High Court Justice Sheikh Azmat Saeed dismissed the petition, calling it non-maintainable. "We must bear the truth, no matter how harmful it is," Justice Saeed was quoted as saying.

Russia: While the Washington Times prominently featured an op-ed by Jeffrey T. Kuhner titled "Assassinate Assange," Pravda's legal editor David R. Hoffman argues for transparency and a free press:

"And we see many right-wing commentators demanding that Assange be hunted down, with some even calling for his murder, on the grounds that he may have endangered lives by releasing confidential government documents.

Yet, for the right-wing, this apparently was not a concern when the late columnist Robert Novak "outed" CIA agent Valerie Plame after her husband Joseph Wilson authored an OP-ED piece in The New York Times criticizing the motivations for waging war against Iraq. Even though there was evidence of involvement within the highest echelons of the Bush dictatorship, only one person, Lewis "Scooter" Libby, was indicted and convicted of "outing" Plame to Novak. And, despite the fact that this "outing" potentially endangered the lives of Plame's overseas contacts, Bush commuted Libby's thirty-month prison sentence, calling it "excessive."

Why the disparity? The answer is simple: The Plame "outing" served the interests of the military-industrial complex and helped to conceal the Bush dictatorship's lies, tortures and war crimes, while Wikileaks not only exposed such evils, but also revealed how Obama's administration, and Obama himself, are little more than "snake oil" merchants pontificating about government accountability while undermining it at every turn.[...]

And damn the right-wing outrage over the Wikileaks revelations. It is the American people who should be outraged that its government has transformed a nation with a reputation for freedom, justice, tolerance and respect for human rights into a backwater that revels in its criminality, cover-ups, injustices and hypocrisies.

So savor the Wikileaks documents while you can, because soon they'll be gone. And for the government criminals of the world, and for those who protect them, it will again be business as usual."

United States: We have already covered Amazon, Tableau and EveryDNS dropping WikiLeaks services, and at least the first two clearly linked to political pressure. It had been already reported that the State Department had prohibited its staff from accessing WikiLeaks, but now we learn that it went as far as to warn prospective student interns to "NOT post links to these documents nor make comments on social media sites such as Facebook or through Twitter."

And in an even more surprising development, Talking Points Memo reports that the Library of Congress has blocked access to the Wikileaks site on its staff computers and on the wireless network that visitors use.

If something looks wrong with this picture, it probably is.

Via The Guardian and WikiLeaks:

"WikiLeaks founder Julian Assange is at the centre of intense media speculation and a hate campaign against him in America, following the leak of 250,000 US diplomatic cables.

He will be live online to answer Guardian readers' questions at 1pm today, subject to his access to an internet connection - which is very much a live issue. His online interview comes at the end of a week of shocking revelations from the cables and on a day when WikiLeaks has been fighting US attempts to take its website down.

Assange will answer your questions in the comments section below. From 1pm you will need to navigate to the latest comments for his replies."

The Guardian page is here.

Update 1: The Q&A page proved so popular that it crashed the Guardian website. "...please be patient: the Guardian site is under *huge* load because of the #Wikileaks Julian Assange Q+A," tweeted @guardiantech.

Update 2: The Guardian has posted Julian Assange's answers here:

"The Cable Gate archive has been spread, along with significant material from the US and other countries to over 100,000 people in encrypted form. If something happens to us, the key parts will be released automatically. Further, the Cable Gate archive is in the hands of multiple news organisations. History will win. The world will be elevated to a better place. Will we survive? That depends on you."

Daniel Ellsberg has posted an open letter to Amazon at Antiwar.com:

"I’m disgusted by Amazon’s cowardice and servility in abruptly terminating today its hosting of the Wikileaks website, in the face of threats from Senator Joe Lieberman and other Congressional right-wingers. I want no further association with any company that encourages legislative and executive officials to aspire to China’s control of information and deterrence of whistle-blowing.[...]

I understand that many other regular customers feel as I do and are responding the same way. Good: the broader and more immediate the boycott, the better. I hope that these others encourage their contact lists to do likewise and to let Amazon know exactly why they’re shifting their business."
Read more

DNS provider EveryDNS.net has dropped the wikileaks.org domain, apparently after DDoS attacks, WikiLeaks has said on Twitter.

EveryDNS explained its decision: "The interference at issue arises from the fact that wikileaks.org has become the target of multiple distributed denial of service (DDOS) attacks. These attacks have, and future attacks would, threaten the stability of the EveryDNS.net infrastructure, which enables access to almost 500,000 other websites."

You can still reach WikiLeaks via http://46.59.1.2/, http://213.251.145.96/ or at http://collateralmurder.com as of the time of this update.

You can support WikiLeaks via http://46.59.1.2/support.html , http://213.251.145.96/support.html , https://donations.datacell.com/ or http://collateralmurder.com/en/support.html

Cablegate releases are reachable at http://statelogs.owni.fr or via torrent search.

Update: WikiLeaks is now accessible at http://wikileaks.ch/

(A PDF version of this statement is available here. The Spanish version is available here.)

The controversy over the latest release of documents by Wikileaks and major
newspapers should not be used by nations as an excuse to limit citizens' rights to access information. ARTICLE 19 calls on governments around the world to fulfil their obligations to transparency and the public's right to know, including the obligation to give full effect to principles of proactive and mandatory disclosure of information.

"Information is the oxygen of democracy," says Dr Agnes Callamard, ARTICLE 19 Executive Director. "Rather than passing more secrecy laws and threatening to prosecute journalists and whistleblowers, governments should focus on making more information available and only protecting that which can cause substantive harm. At the same time, journalists have an obligation to exercise caution when revealing possibly sensitive information."

As ARTICLE 19 highlighted previously, respect for international standards on freedom of information and protection of whistleblowers are paramount to the debates on issues raised by latest releases. ARTICLE 19 maintains that under these standards, any restrictions on access to information must fall within the scope of the limited regime of exceptions. It is public bodies who are obliged to show that disclosure of the information would cause substantial harm and information should still be disclosed if the benefits of disclosure outweigh such harm. States should also adopt and implement a legal and policy framework that protects whistleblowers from
prosecution, and allow for public interest exemptions for revealing information such as corruption or human rights abuses.

ARTICLE 19 notes that much of the information contained in the cables appears to be already available in the public domain. None of the released documents were classified as top secret and most of the information in those six per cent classified as secret was also publically known. Further, these documents would likely be released anyway in the course of requests under the US Freedom of Information Act.

ARTICLE 19 is concerned about efforts by the US Government and other countries to prosecute a Wikileaks representative for violating the Espionage Act or other national Officials Secrets Acts. It is an obligation of governments - not of media and private individuals - to protect the confidentiality of official information if necessary under legitimate interests. We also urge the media, government officials, academics, and others to condemn calls for violence against Wikileaks staff and whistleblowers.

ARTICLE 19 also rejects calls and demands to maintain or expand secrecy legislation rather than adopt a comprehensive right to information framework, including the obligation of proactive disclosure. Nations without freedom of information laws such as Singapore have used the Wikileaks revelations as an excuse to justify their current restrictive regimes, while China has blocked internet access to the site. We call on all governments to respect of the right to information and its importance in democratic processes.

ARTICLE 19 does not believe that the leaks are likely to chill the speech of officials and rejects any policy changes that would impact on the free flow of information in this area. Studies of the effects of right to information legislation in numerous countries have found that there has been little impact on the amount of information that is recorded or that opinions are blunted following an increase in transparency. In fact, in some cases, they have found that the quality of documents has improved with the knowledge that it will become public some day, and focus on provision of real political analysis. Officials have a duty to pass on important information and that is not lifted because of fears that it one day may become public. The US FOIA has been in effect for over 40 years so several generations of officials have learned to live with it.

ARTICLE 19 welcomes the apparently extensive efforts by the newspapers involved in the release of the embassy cables to review the documents, place them in context and ensure that the release of the information did not cause serious harm. Most of the analysis has been serious and has shone an important light on relations between nations. We also commend the fact that it was the combination and collaboration of electronic and mainstream media that gave strength to the latest release.

FURTHER INFORMATION:
For more information please contact: David Banisar, Senior Legal Counsel,
ARTICLE 19, banisar@article19.org +44 20 7324 2500;
ARTICLE 19's previous statement on WikiLeaks is available at:
http://www.article19.org/pdfs/press/wikileaks-and-internet-disclosures.pdf;
ARTICLE 19 is an independent human rights organisation that works globally to protect and promote the right to freedom of expression. It takes its name from Article 19 of the Universal Declaration of Human Rights, which guarantees free speech. For more information on ARTICLE 19 please visit www.article19.org.

(Please also see parts one, two, and three, and four in this series.)

Richard Ackland, Sydney Morning Herald: WikiLeaks opens the door to a new enlightenment

"The carefully concocted versions of events that we used to swallow are now no longer swallowable.[...]

What is of lasting significance is that politicians and captains of industry and even the courts have lost the power to control the way information is drip-fed in their self-interest. That was the way it was done in the old world. Journalists grasped at snippets and morsels to assist the insider in some undeclared agenda. This new world represents as big a change for journalism as it does for the rest of the established order.[...]

What precisely is so damaging if citizens know some of the truth? If they know that there was a secret arrangement between US and British officials to subvert the plan to ban cluster bombs. If they know that the British government restricted the investigation of the Chilcott inquiry into the Iraq war to minimise embarrassment for the US. To know that China might be willing to accept the reunification of North and South Korea. To know if the governor of the Bank of England had doubts about the economic credentials of Prime Minister David Cameron. To know that their governments undermine international treaties.

No lasting damage to the US or anyone else's national interest will flow from that, just as there was no damage to the US national interest from the Pentagon Papers. Embarrassment, certainly, accompanied by a lot of posturing, but life in a more informed way went on. The New Enlightenment has arrived and there's nothing anyone can do about it - thank god."
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Guy Rundle, Crikey: The GFC, Wikileaks collide - and the world just shifted

"You can feel the change in the air, read it in every report. The more that the fused political-media-administrative elite try to write it off as 'entertaining anecdote' while at the same time mobilising state power to destroy the organisation, the more they reveal that something has happened. The old process of leaks - a document here and there - only served to reinforce the idea that the state had an unquestionable right to control information, and that there could be no other way to organise society or create law.

That legitimacy has had a fatal crack put it in. The whole question of who should know what has been put into play. There will be reversals, but we're used to those. As I may have mentioned, something is happening."
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Tom Hayden, The Nation: WikiLeaks vs. The Empire

"Why is this drama important? Not because of "life-threatening" leaks, as claimed by the establishment, but because the closed doors of power need to be open to public review. We live increasingly in an Age of Secrecy, as described by Garry Wills in Bomb Power, among recent books. It has become the American Way of War, and increasingly draws the curtains over American democracy itself. The wars in Pakistan and Yemen are secret wars. The war in Afghanistan is dominated by secret US Special Operations raids and killings. The CIA has its own secret army in Afghanistan. Gen. Stanley McChrystal's entire record in Iraq was classified. And so on, ad nauseam.

And what is the purpose of all the secrecy? As Howard Zinn always emphasized, the official fear was that the American people might revolt if we knew the secrets being kept from us. In Rolling Stone's expose of McChrystal's war this year, one top military adviser said that "if Americans pulled back and started paying attention to this war, it would become even less popular." McChrystal himself joked about sending out Special Forces units to kill at night then having to "scold" them in the morning.

And revolt we should, against those who would keep the affairs of empire shrouded. We should not be distracted by the juicy tidbits that may or may not be better left unreported. The focus of Congressional hearings and journalistic investigation should be on matters of public policy in which the American people are being lied to."
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Alexander Cockburn, The First Post/Counterpunch: Julian Assange: wanted by the Empire, dead or alive

"The American airwaves quiver with the screams of parlour assassins howling for Julian Assange's head. Jonah Goldberg, contributor to the National Review, asks in his syndicated column, "Why wasn't Assange garroted in his hotel room years ago?" Sarah Palin wants him hunted down and brought to justice, saying: "He is an anti-American operative with blood on his hands."

Assange can survive these theatrical blusters. A tougher question is how he will fare at the hands of the US government, which is hopping mad. The US attorney general, Eric Holder, announced on Monday that the Justice Department and Pentagon are conducting "an active, ongoing criminal investigation" into the latest Assange-facilitated leak under Washington's Espionage Act. Asked how the US could prosecute Assange, a non-US citizen, Holder said, "Let me be clear. This is not sabre-rattling," and vowed "to swiftly close the gaps in current US legislation…"

In other words the espionage statute is being rewritten to target Assange, and in short order, if not already, President Obama – who as a candidate pledged "transparency" in government - will sign an order okaying the seizing of Assange and his transport into the US jurisdiction. Render first, fight the habeas corpus lawsuits later.[...]

It's certainly not conspiracism to suspect that the CIA has been at work in fomenting these Swedish accusations. As Shamir reports, "The moment Julian sought the protection of Swedish media law, the CIA immediately threatened to discontinue intelligence sharing with SEPO, the Swedish Secret Service."

The CIA has no doubt also pondered the possibility of pushing Assange off a bridge or through a high window (a mode of assassination favoured by the Agency from the earliest days*) and has sadly concluded that it's too late for this sort of executive solution."
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Jonathan Weiler, Huffington Post: Let Us Now Praise Wikileaks

"We love to tout the liberating powers of technology and the information age, and yet the knee-jerk reaction from many of our news arbiters has been to heap scorn on the entity that is, at the present moment, doing the most to ensure that citizens actually have the tools -- information -- to realize the potential of the information age for human freedom. WikiLeaks, whatever its flaws might be, is filling a dangerous vacuum in our information environment, one created by the dereliction of duty by those entities whose constitutional prerogatives were designed to ensure that they would challenge, not protect, government secrecy and abuse. For that, WikiLeaks deserves our thanks."
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Thomas Knapp, Antiwar: If This Be Treason...

"Forced to choose between truth and power, the Bolsheviks chose power. Their regime and its spinoffs became (pardon the pun) the gold standard for secretive government.

The strength of Wikileaks is that it faces no similar choice. It’s not a state, nor do its principals evince any intention of making it one. Truth is its entire portfolio, and this drives the Hillary Clintons of the world insane. It threatens their aspirations to unquestioned power. It forces them to explain themselves to the rest of us: To the serfs who, as the politicians see things, exist for the sole purpose of footing the bill — in money and in blood — for those aspirations.

Which is exactly how it should be. "Treason" to and "betrayal" of the state is service to humanity. Wikileaks is your friend. Hillary Clinton is your enemy. Never forget that."
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Sunny Hundal, Liberal Conspiracy: The assault on WikiLeaks threatens free speech and democracy itself

"Let’s be clear about one simple fact: WikiLeaks is a media organisation.[...] This leads me to one simple conclusion: the attack on WikiLeaks now is not only an attack on free speech itself, but shows how craven and self-serving the traditional media has become.[...]

The traditional media has been cravenly quick to swallow the line that WikiLeaks threatens national security interests and therefor n offensive on Julian Assange is somehow OK. Perhaps they are miffed that WikiLeaks published information they would rather have leaked themselves. It’s a new form of competition and they don’t seem to like it one bit.

WikiLeaks isn’t democratically accountable but neither is the Daily Mail. It isn’t transparent but neither do we know how The Sun gets it’s scoops. These are fatuous arguments to make against the website unless one is also going to argue that most of the media industry be shut down.

You’re either for the right of websites to publish information that national authorities might not like – or you are not. It really is that straightforward.

And with the very existence of WikiLeaks now under serious threat, it is time to unambiguously stand up for its right to publish and be damned."
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After Amazon pulled WikiLeaks off its hosting platform following not a legal order but a call from Sen. Lieberman's office, today Tableau Software, which hosted data visualizations created for the Cablegate material, followed suit. A statement on the Tableau website says:

"Our decision to remove the data from our servers came in response to a public request by Senator Joe Lieberman, who chairs the Senate Homeland Security Committee, when he called for organizations hosting WikiLeaks to terminate their relationship with the website."

Let us look at this more closely. First, the visualizations contained no classified data at all, but merely described the distribution of the data according to various criteria. Secondly, Joe Lieberman's "public request" carries no more legal authority than the next person's.

As Glenn Greenwald wrote today, "Those are the benign, purely legal documents that have now been removed from the Internet in response to Joe Lieberman's demands and implied threats. He's on some kind of warped mission where he's literally running around single-handedly dictating what political content can and cannot be on the Internet, issuing broad-based threats to "all companies" that is causing suppression of political information.[...]

"If people -- and journalists -- can't be riled when Joe Lieberman is unilaterally causing the suppression of political content from the Internet, when will they be? After all, as Jeffrey Goldberg pointed out in condemning this, the same rationale Lieberman is using to demand that Amazon and all other companies cease any contact with WikiLeaks would justify similar attacks on The New York Times, since they've published the same exact diplomatic cables on its site as WikiLeaks has on its. What Joe Lieberman is doing is indescribably pernicious and if "journalists" cared in the slightest about their own self-interest -- never mind all the noble things they pretend to care about -- they ought to be vociferously objecting to this."

TechDirt notes: "Of course, beyond the problem that the government would be doing this in the first place is a separate concern: the role of corporations in helping make this happen. Some have argued, in the case of Amazon, that as a private company it has the right to refuse service to anyone. That's absolutely true. But if it's refusing service based on political pressure from those in positions of power, that's still censorship."

Tech President points to a Google cache version of a post on Tableau's blog on Sunday boasting that "Wikileaks is using Tableau to show the breadth of the data by subject, country, origin and classification, organization, program and topic." The original post has in the meantime been deleted from the website.

Update 1: In related news, Sens. John Ensign, Scott Brown and Joe Lieberman unveiled a bill which would amend the US Espionage Act and would give US authorities "a tool to prevent something like this (WikiLeaks disclosures) from happening again," said Sen. Brown. According to AFP, "the bill would make it illegal to publish the names of informants serving the US military and intelligence community. It was not immediately clear whether the new rule would also apply to traditional US media."

Dave Weigel at Slate has posted the full text of the SHIELD Act. Weigel notes that "Right now, the information protected is 'any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications.' One of the problems for the people who want to nail WikiLeaks is that the information being leaked, while embarrassing, hasn't been highly classified. It's been secret, or marked 'NOFORN,' but it's not classified."

TechDirt commented: "As if to more directly trample the First Amendment, Lieberman has now introduced an anti-Wikileaks bill, which would expand the Espionage Act to make it a criminal act if you publish the name of a US intelligence source. Note that it is already illegal to leak such a name, but this bill seeks to make it illegal to publish the names after they've been leaked. This seems like a classic violation of the First Amendment. As Wired notes, something like this would make it illegal for a newspaper to publish the fact that former Panamanian dictator Manuel Noreiga was once a paid CIA intelligence source. Hell, there are claims that Osama bin Laden worked with the CIA decades ago. Should it be illegal to report that?"

Update 2: Amazon now claims that "There have been reports that a government inquiry prompted us not to serve WikiLeaks any longer. That is inaccurate," in a statement quoted by BoingBoing. Rob Beschizza comments: "Does this add up? Amazon just happened to take an interest in the intellectual property status of government documents after being called by the same U.S. Senator who another company reports was explicitly demanding the removal of Wikileaks material? A Senator who was able to make a public statement about Amazon's removal of the material, as the removal occurred?"

The ACLU has released a statement by Hina Shamsi, Director of the ACLU National Security Project:

“We’re deeply skeptical that prosecuting WikiLeaks would be constitutional, or a good idea. The courts have made clear that the First Amendment protects independent third parties who publish classified information. Prosecuting WikiLeaks would be no different from prosecuting the media outlets that also published classified documents. If newspapers could be held criminally liable for publishing leaked information about government practices, we might never have found out about the CIA’s secret prisons or the government spying on innocent Americans. Prosecuting publishers of classified information threatens investigative journalism that is necessary to an informed public debate about government conduct, and that is an unthinkable outcome.

“The broader lesson of the WikiLeaks phenomenon is that President Obama should recommit to the ideals of transparency he invoked at the beginning of his presidency. The American public should not have to depend on leaks to the news media and on whistleblowers to know what the government is up to.”
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Romanian Insider: New WikiLeaks document: former EU commissioner Patten says Romania, a “feral nation”

"A recently published WikiLeaks document quotes former EU commissioner Chris Patten saying in 2004 that Romania was a “feral nation.” Patten’s comments were recorded and send to US by the US Embassy in Brussels. “Croatia, Patten said, is probably far more prepared for EU membership than either Bulgaria or Romania, who will likely enter the Union earlier”. Chris Patten is a British Conservative politician who wasEuropean Commissioner for External Relations between 1999 and 2004."
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The Guardian: WikiLeaks cables: CIA drew up UN spying wishlist for diplomats

"The US state department's wishlist of information about the United Nations secretary-general, Ban Ki-moon, and other senior members of his organisation was drawn up by the CIA, the Guardian has learned.[...]

US state department spokesman PJ Crowley, in interviews since the release, has tried to deflect criticism by repeatedly hinting that although the cables were signed by secretary of state, Hillary Clinton, and her predecessor, Condoleezza Rice, they originated with another agency. But he refused to identify it.

The Guardian has learned that the intelligence shopping list is drawn up annually by the manager of Humint (human intelligence), a post created by the Bush administration in 2005 in a push to better co-ordinate intelligence after 9/11.

The manager of Humint sets out priorities for the coming year and sends them to the state department. The actual form of words used in the diplomatic cables is written by the state department, based on the CIA's list of priorities."
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The Guardian: Germany accuses US over 'missing' Afghan funds, WikiLeaks cables show

"According to a protest to the US from Germany's ambassador to Nato this year, Berlin raised questions about the fate of €50m (£42m) it dispensed last year as the biggest contribution to a "trust fund" for the Afghan national army.

In protests in Berlin, Brussels, and Washington last February the German government demanded to know what was happening to the money, why earmarked projects were not going ahead and why the US military was taking 15%."
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The Guardian: WikiLeaks: Afghan vice-president 'landed in Dubai with $52m in cash'

"Rampant government corruption in Afghanistan – and the apparent powerlessness of the US do to anything about it – is laid bare by several classified diplomatic cables implicating members of the country's elite.

In one astonishing incident in October 2009 the then vice-president, Ahmad Zia Massoud, was stopped and questioned in Dubai when he flew into the emirate with $52m in cash, according to one diplomatic report. Massoud, the younger brother of the legendary anti-Soviet resistance leader Ahmad Shah Massoud, was detained by officials from the US and the United Arab Emirates trying to stop money laundering, it says. However, the vice-president was allowed to go on his way without explaining where the money came from."
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Der Spiegel: WikiLeaks Cables Fallout: Mole in Germany's FDP Party Comes Forward

"Germany's business-friendly Free Democratic Party has identified the top-level national party employee responsible for passing secret information on to US diplomats during the negotiations to form the current German government in 2009. A worker at the party's headquarters who was chief of staff to the party's chairman and also the head of international relations for the national party came forward and admitted to being the source, an FDP party spokesperson said. The news came after party officials had questioned workers about the issue.

A report in the Frankfurter Allgemeine Zeitung newspaper stated that the person in question is the chief of staff to party boss Guido Westerwell, who is also Germany's foreign minister. Helmut M., a 42-year-old has been released of his current duties, but not fired."
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Der Spiegel: Paranoia and Conspiracy: Dispatches Lay Bare Rocky US Relationship with Karzai

"The US dispatches unveiled by WikiLeaks show just how deep the mistrust is between the US and Afghan President Hamid Karzai. Saudi Arabia's mediator role between NATO and the Taliban, it also becomes clear, faces several hurdles.[...]

In the southern province of Kandahar, home province of the president and also the region where the Taliban movement was founded, the Popalzai clan, with tribal leader Hamid Karzai at the helm, oversees a "semi-modern aristocracy," according to the cable. Ahmed Wali Karzai, formerly the owner of a restaurant in Chicago, acts as the spider at the center of the web, trying to "increase Karzai political dominance."[...]

These deals concern enormous budgets in the security, construction and transport industries, but also lucrative -- and naturally illegal -- control of the all-important ring road and the development of Ayno Maina, an exclusive housing community on the eastern edge of Kandahar City. "The Popalzai occupy the leadership pinnacle," reads a US Embassy dispatch."
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Harper's: The Madrid Cables

Scott Horton writes: "In Spain, the WikiLeaks disclosures have dominated the news for three days now. The reporting has been led by the level-headed El País, with its nationwide competitor, Público, lagging only a bit behind. Attention has focused on three separate matters, each pending in the Spanish national security court, the Audiencia Nacional: the investigation into the 2003 death of a Spanish cameraman, José Cuoso, as a result of the mistaken shelling of Baghdad’s Palestine Hotel by a U.S. tank; an investigation into the torture of Spanish subjects held at Guantánamo; and a probe into the use of Spanish bases and airfields for extraordinary renditions flights, including the one which took Khaled El-Masri to Baghdad and then on to Afghanistan in 2003.

These cables reveal a large-scale, closely coordinated effort by the State Department to obstruct these criminal investigations. High-ranking U.S. visitors such as former Republican Party Chair Mel Martinez, Senator Greg Judd, and Homeland Security Secretary Janet Napolitano were corralled into this effort, warning Spanish political leaders that the criminal investigations would “be misunderstood” and would harm bilateral relations. The U.S. diplomats also sought out and communicated directly with judges and prosecutors, attempting to steer the cases into the hands of judges of their choosing. The cables also reflect an absolutely extraordinary rapport between the Madrid embassy and Spanish prosecutors, who repeatedly appear to be doing the embassy’s bidding."
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El País: How US worked to get three soldiers off the hook for cameraman's death

"One of the biggest objectives at the US Embassy in Madrid over the past seven years has been trying to get the criminal case dropped against three US soldiers accused of the killing of a Spanish television cameraman.[...]

The High Court has charged three soldiers - Sgt. Thomas Gibson, Capt. Philip Wolford and Col. Philip de Camp, all of the Third Infantry Division of the US Army - for the killing of Telecinco cameraman José Couso on April 8, 2003 during a tank shelling of the Hotel Palestine where he and other journalists were staying while they were covering the war in Baghdad. Also killed was a Reuters cameraman, Taras Protsyuk of Ukraine.

On May 25, 2007, US Ambassador Eduardo Aguirre, who served in Madrid between 2005-2008, wrote to US Secretary of State Condoleezza Rice days before her visit to Spain to tell her that the Zapatero government "has been helpful behind the scenes in getting the case appealed by the Spanish prosecutor." Aguirre recommended that Rice should express "continued US government concern" about the case when she met with Prime Minister José Luis Rodríguez Zapatero and Foreign Minister Moratinos. "We want continued vigilance and cooperation by the government of Spain until the case is dropped," Aguirre wrote."
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The Guardian: UK overruled on Lebanon spy flights from Cyprus, WikiLeaks cables reveal

"Americans dismissed 'bureaucratic' Foreign Office concern that Lebanese Hezbollah suspects might be tortured," write David Leigh and Richard Norton-Taylor.

"Labour ministers said they feared making the UK an unwitting accomplice to torture, and were upset about rendition flights going on behind their backs.

The use of RAF Akrotiri in Cyprus for American U2 spy plane missions over Hezbollah locations in Lebanon – missions that have never been disclosed until now – prompted an acrimonious series of exchanges between British officials and the US embassy in London, according to the cables released by WikiLeaks. The then foreign secretary David Miliband is quoted as saying, unavailingly, "policymakers needed to get control of the military".[...]

At this point Richard LeBaron, charges d'affaires at the London embassy, cabled Washington that human rights concerns could not be allowed to get in the way of counter-terrorism operations. Britain's demands were "not only burdensome but unrealistic", he said, proposing "high-level approaches" to call the British to heel."
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Foreign Policy: Did a U.S. ambassador accuse Sri Lanka's president of war crimes?

"Are we surprised to learn, via WikiLeaks, that American diplomats in Colombo blame Sri Lankan President Mahinda Rajapaksa and his top officials for the massacre of tens of thousands (by most estimates) of Tamil civilians during the final months of Sri Lanka's bloody civil war? The goods are in a Jan. 15 cable sent by U.S. Amb. Patricia A. Butenis on the eve of Sri Lanka's presidential elections (which Rajapaksa won handily). Butenis was assessing the country's ability to come to terms with the atrocities committed in the protracted conflict between the government and the Tamil Tigers rebel group, which was defeated in May 2009 after nearly three decades of fighting."
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Foreign Policy has also started a website dedicated to analysing the Cablegate revelations: http://wikileaks.foreignpolicy.com/

The Guardian: WikiLeaks cables: Berlusconi 'profited from secret deals' with Putin

"US diplomats have reported startling suspicions that Silvio Berlusconi could be "profiting personally and handsomely" from secret deals with the Russian prime minister, Vladimir Putin, according to cables released by WikiLeaks.

Exasperated by Berlusconi's pro-Russian behaviour, American embassy staff detail allegations circulating in Rome that the Italian leader has been promised a cut of huge energy contracts. The two men are known to be personally close, but this is the first time allegations of a financial link have surfaced."
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The Guardian: WikiLeaks cables link Russian mafia boss to EU gas supplies

"Gas supplies to Ukraine and EU states are linked to the Russian mafia, according to the US ambassador in Kiev.

His cable, released by WikiLeaks, followed statements by the then prime minister of Ukraine, Yulia Tymoshenko, to the BBC that she had "documented proof that some powerful criminal structures are behind the RosUkrEnergo (RUE) company".

Allegations have long swirled that the Russian crime don Semyon Mogilevich had covert interests in Swiss-registered RUE, which distributes gas from central Asia."
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Der Spiegel: In Russian Hands: US Forced to Change Course in Relations with Ukraine

"When seeking a productive working relationship with an undesired newcomer, it is best to have a plan. On Feb. 23 of this year John Tefft, the American ambassador in Kiev, was preparing a plan for the arrival of US National Security Advisor James Jones. On the occasion of the inauguration of the new Ukrainian President Viktor Yanukovych, Jones was to convey a generous offer of friendship: The administration of US President Barack Obama "looks forward to working with you across the full range of issues," Tefft's brief suggested Jones tell the new Ukrainian leader.

Jones, who had fought against Moscow's allies in the Vietnam War, was seeking to strike a diplomatic blow against the Kremlin, by making Yanukovych into a US partner."
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Der Spiegel: Cables Track US Diplomatic Efforts to Avert Russian-Georgian Conflict

"The leaked embassy cables show how the US, after spending years helping to build up Georgia's military capabilities, made last-ditch diplomatic attempts to avert the August 2008 conflict between Georgia and Russia.[...]

The Georgians were close allies with the US, while the Abkhazians and South Ossetians were supported by Russia. Neither the Russians nor the Americans wanted a major escalation in the regions -- but they weren't averse to fanning tensions. It was a dangerous approach that eventually backfired."
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Der Spiegel: 'Virtual Mafia States': Russian Mafia an International Concern for US Diplomats

"The secret embassy reports read like descriptions of a small banana republic. The mayor of the capital city allegedly has "connections to the criminal world," a few of his friends, including members of parliament, are said to be little more than "bandits," with city officials supposedly "requiring bribes from businesses attempting to operate in the city." The mayor, US diplomats allege, "oversees a system in which it appears that almost everyone at every level is involved in some form of corruption or criminal behavior."

The US cable, dated Feb. 12, 2010, originated from one of the world's largest capitals, Moscow. Russian President Dmitry Medvedev fired Moscow Mayor Yuriy Luzhkov at the end of September because he is no longer trusted by the government. Nevertheless, the memos documented by the American diplomats show how the mafia appears to be deeply anchored in Russian society and to have ties with the government. US diplomats believe that some criminal masterminds have the blessing of people in the Kremlin and security services."
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The Local: US embassy: 'Sweden no longer neutral'

"Among the wealth of documents that the whistleblower website Wikileaks has exposed include several hundred from the US embassy in Stockholm, showing a close security arrangement with the US, according to the Svenska Dagbladet daily.

In a classified telegram from May 4th 2007, prior to prime minister Fredrik Reinfeldt's visit to the USA, the then US ambassador to Sweden, Michael Wood wrote that Sweden was a "pragmatic and strong" partner. Wood added that even though the official line is non-alignment, Swedish participation in NATO's Partnership for Peace and role as leader of the EU's Nordic Battle Group show that the position is an untruth.

Then US president George W Bush is advised to discuss with Reinfeldt in private, if he wants to praise Sweden's role in the cooperation against terrorism, a formulation which is taken to meant that the ambassador did not believe that the extent of the cooperation is known across the government offices. Wood furthermore wrote that information from Sweden's military and civil security services is an important source of information for the USA for Russian military conditions and for knowledge of Iran's nuclear programme."
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The New York Times: Cables Depict Heavy Afghan Graft, Starting at the Top

"From hundreds of diplomatic cables, Afghanistan emerges as a looking-glass land where bribery, extortion and embezzlement are the norm and the honest man is a distinct outlier.

Describing the likely lineup of Afghanistan’s new cabinet last January, the American Embassy noted that the agriculture minister, Asif Rahimi, “appears to be the only minister that was confirmed about whom no allegations of bribery exist.”

One Afghan official helpfully explained to diplomats the “four stages” at which his colleagues skimmed money from American development projects: “When contractors bid on a project, at application for building permits, during construction, and at the ribbon-cutting ceremony.” In a seeming victory against corruption, Abdul Ahad Sahibi, the mayor of Kabul, received a four-year prison sentence last year for “massive embezzlement.” But a cable from the embassy told a very different story: Mr. Sahibi was a victim of “kangaroo court justice,” it said, in what appeared to be retribution for his attempt to halt a corrupt land-distribution scheme. "
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The New York Times: Embracing Georgia, U.S. Misread Signs of Rifts

"Throughout the cold war and often in the years since, Western diplomats covering the Kremlin routinely relied on indirect and secondhand or thirdhand sources. Their cables were frequently laden with skepticism, reflecting the authors’ understanding of the limits of their knowledge and suspicion of official Russian statements.

A 2008 batch of American cables from another country once in the cold war’s grip — Georgia — showed a much different sort of access. In Tbilisi, Georgia’s capital, American officials had all but constant contact and an open door to President Mikheil Saakashvili and his young and militarily inexperienced advisers, who hoped the United States would help Georgia shake off its Soviet past and stand up to Russia’s regional influence.

The Tbilisi cables, part of more than a quarter-million cables made available to news organizations by WikiLeaks, display some of the perils of a close relationship."
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The Sweden Supreme Court has declined today to consider the appeal request filed on behalf of Julian Assange against the arrest warrant previously issued, reports Dagens Nyheter, quoting case handler Kerstin Norman.

This would leave the current warrant standing.

Update 1: The Court's statement says that a review would only be granted if it is essential to the interpretation of the law, or in exceptional circumstances, when there is a "serious reason" for Supreme Court involvement. The Court has not found this to be the case, according to Aftonbladet.

We are to understand that evidence of false charges and prosecutorial misconduct does not constitute a sufficiently serious reason for the Supreme Court to grant a review. The Swedish justice system has failed, again.

WL Central would like to reiterate our support for Julian Assange and WikiLeaks, and we ask you to do the same. Here are some ways to help.

Update 2: Jennifer Robinson, a UK-based lawyer for Julian Assange, gave a live interview on Democracy Now! earlier today. She said that Assange had not been formally charged and that he was not evading arrest, as some had suggested, but that he kept his location confidential because of genuine concerns over his safety. Robinson said that calls for his assassination (see some examples) are outrageous and illegal, and that those making such statements should be prosecuted for inciting violence. She also noted that there were serious due process problems related to the conduct of the Swedish prosecutors, and that in view of statements like those of Sarah Palin, there are real concerns over whether Assange would get a fair trial in the US, should he be prosecuted under the Espionage Act. Robinson mentioned that US lawyers were involved in consultations over the Espionage Act, but that in her opinion the WikiLeaks disclosures fall under the protection of the First Amendment.

"Attorney General Eric H. Holder Jr. has confirmed that the Justice Department is examining whether Mr. Assange could be charged with a crime, but legal scholars say that such an effort would encounter steep legal and policy difficulties," writes Charlie Savage in the New York Times.

“The government has never brought an Espionage Act prosecution that would look remotely like this one,” law professor Stephen I. Vladeck told Savage. “I suspect that has a lot to do with why nothing has happened yet.”

"A relic of World War I, the Espionage Act was written before a series of Supreme Court rulings expanded the First Amendment’s protection of speech and press freedoms. The court has not reviewed the law’s constitutionality in light of those decisions," continues Savage. He points to a 2005 case which "ended in embarrassment" for the government because it could not prove that the accused "specifically intended to harm the United States or benefit a foreign country."

“If you could show that [Assange] specifically conspired with a government person to leak the material, that puts him in a different position than if he is the recipient of an anonymous contribution. If he’s just providing a portal for information that shows up, he’s very much like a journalist,” said Jack M. Balkin, a Yale professor of constitutional law.
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Reuters' Mark Hosenball writes that "U.S. authorities could face insurmountable legal hurdles if they try to bring criminal charges against" Assange. "Three specialists in espionage law said prosecuting someone like Assange on those charges would require evidence the defendant was not only in contact with representatives of a foreign power but also intended to provide them with secrets. No such evidence has surfaced, or has even been alleged, in the case of WikiLeaks or Assange."

Reuters quotes Mark Zaid, a defense lawyer who specializes in intelligence cases, saying it would be "very difficult for the U.S. government to prosecute (Assange) in the U.S. for what he is doing."

"Joseph DiGenova, a former U.S. Attorney in Washington who prosecuted high-profile espionage cases, said that federal authorities would face "pretty tough" legal obstacles if they tried to bring a prosecution against Assange. But he said officials like Holder had to make threats of prosecution, even if they lack legal substance, to "send a signal" to other would-be leakers."
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Trevor Timm of the New York Law School has already made the case last month that WikiLeaks and Julian Assange have committed no crime in publishing such information.

London-based lawyer Mark Stephens spoke with The Guardian:

"Comparing the Swedish prosecutor to Lavrentiy Pavlovich Beria, Stalin's notorious security chief, Mark Stephens said "neither Mr Assange nor his lawyers have been provided any further information beyond that reported in the press."

He continued: "This appears to be a persecution and a prosecution. It is highly irregular and unusual for the Swedish authorities to issue a red notice in the teeth of the undisputed fact that Mr Assange has agreed to meet voluntarily to answer the prosecutor's questions. Mr Assange has repeatedly sought meetings with the prosecutrix – both in Sweden and subsequently – in order to answer her questions and clear his name. It is relevant that Mr Assange sought permission from the prosecutrix to leave Sweden and she gave him her permission. Since leaving Sweden Mr Assange has continued to seek meetings with the prosecutrix, but his requests have either been ignored or met with a refusal."

He added: "At this point in time, we have no evidence pointing to a link between these allegations from August and the issue of the Interpol alert just two days after the WikiLeaks first release of US diplomatic cables. However, it is highly unusual for a red notice warrant to be issued in relation to the allegations reported as having been made, since Swedish law does not require custodial orders in relation to the allegation – indeed to our knowledge this is a unique action by the Swedish prosecuting authorities in applying for a red notice on the basis of these allegations.

"We are also investigating whether the prosecutor's application to have Mr Assange held incommunicado without access to lawyers, visitors or other prisoners – again a unique request – is in any way linked to this matter and the recent, rather bellicose US statements of an intention to prosecute Mr Assange."

The Guardian also refers to Stephens's statements to The Times arguing that the arrest warrant issued was invalid:

"The arrest warrant has been issued in circumstances where Assange has an outstanding appeal in Sweden," Stephens said in the Times, while a police source was quoted as saying Assange's warrant was "not a properly certified warrant so we can't act on it."

Stephens argued that although Assange was originally wanted on a charge of rape, this had been thrown out after a partially successful appeal and which meant that Swedish law did not allow for another arrest warrant for current allegations.

He said British police had probably not taken any action against Assange because the warrant was issued incorrectly rather than because they didn't know where he was.

"The sole ground for the warrant is the prosecutor's blatantly false allegation that he is on the run from justice: he left Sweden lawfully and has offered himself for questioning. An appeal against this decision was filed on Monday and is pending," Stephens said.

Separately, Melbourne barrister James D. Catlin wrote in Crikey:

"Apparently having consensual s-x in Sweden without a condom is punishable by a term of imprisonment of a minimum of two years for r-pe. That is the basis for a reinstitution of r-pe charges against WikiLeaks figurehead Julian Assange that is destined to make Sweden and its justice system the laughing stock of the world and dramatically damage its reputation as a model of modernity.[...]

That further evidence hasn’t been confected to make the charges less absurd does Sweden no credit because it has no choice in the matter. The phenomena of social networking through the internet and mobile phones constrains Swedish authorities from augmenting the evidence against Assange because it would look even less credible in the face of tweets by Anna Ardin and SMS texts by Sofia Wilén boasting of their respective conquests after the “crimes”.

In the case of Ardin it is clear that she has thrown a party in Assange’s honour at her flat after the “crime” and tweeted to her followers that she is with the “the world’s coolest smartest people, it’s amazing!”. Go on the internet and see for yourself. That Ardin has sought unsuccessfully to delete these exculpatory tweets from the public record should be a matter of grave concern. That she has published on the internet a guide on how to get revenge on cheating boyfriends ever graver. The exact content of Wilén’s mobile phone texts is not yet known but their bragging and exculpatory character has been confirmed by Swedish prosecutors. Niether Wilén’s nor Ardin’s texts complain of r-pe.

But then neither Arden nor Wilén complained to the police but rather “sought advice”, a technique in Sweden enabling citizens to avoid just punishment for making false complaints. They sought advice together, having collaborated and irrevocably tainted each other’s evidence beforehand. Their SMS texts to each other show a plan to contact the Swedish newspaper Expressen beforehand in order to maximise the damage to Assange. They belong to the same political group and attended a public lecture given by Assange and organised by them. You can see Wilén on the YouTube video of the event even now.[...]

A great deal more damning evidence is yet to be revealed about what passes for legal process in Sweden, such as Assange’s lawyers having not received a single official document until November 18, 2010 (and then in Swedish language contrary to European Law) and having to learn about the status of investigations through prosecution media announcements but make no mistake: it is not Julian Assange that is on trial here but Sweden and its reputation as a modern and model country with rules of law."

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An appeal against the arrest warrant was filed on Tuesday on behalf of Julian Assange with the Sweden Supreme Court, covered here. Our full Sweden case coverage section can be found here.