Moderators: Elvis, DrVolin, Jeff
justdrew wrote:longish piece by Bruce Sterling... comments and links at source...
The Blast Shack
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Then there is Julian Assange, who is a pure-dye underground computer hacker. Julian doesn’t break into systems at the moment, but he’s not an “ex-hacker,” he’s the silver-plated real deal, the true avant-garde. Julian is a child of the underground hacker milieu, the digital-native as twenty-first century cypherpunk. As far as I can figure, Julian has never found any other line of work that bore any interest for him.
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Ever the detail-freak, Assange in fact hasn’t shipped all the cables he received from Manning. Instead, he cunningly encrypted the cables and distributed them worldwide to thousands of fellow-travellers. This stunt sounds technically impressive, although it isn’t. It’s pretty easy to do, and nobody but a cypherpunk would think that it made any big difference to anybody. It’s part and parcel of Assange’s other characteristic activities, such as his inability to pack books inside a box while leaving any empty space.
While others stare in awe at Assange’s many otherworldly aspects — his hairstyle, his neatness, too-precise speech, his post-national life out of a laptop bag — I can recognize him as pure triple-A outsider geek. Man, I know a thousand modern weirdos like that, and every single one of them seems to be on my Twitter stream screaming support for Assange because they can recognize him as a brother and a class ally. They are in holy awe of him because, for the first time, their mostly-imaginary and lastingly resentful underclass has landed a serious blow in a public arena. Julian Assange has hacked a superpower.
He didn’t just insult the captain of the global football team; he put spycams in the locker room. He has showed the striped-pants set without their pants. This a massively embarrassing act of technical voyeurism. It’s like Monica and her stains and kneepads, only even more so.
Now, I wish I could say that I feel some human pity for Julian Assange, in the way I do for the hapless, one-shot Bradley Manning, but I can’t possibly say that. Pity is not the right response, because Assange has carefully built this role for himself. He did it with all the minute concentration of some geek assembling a Rubik’s Cube.
In that regard, one’s hat should be off to him. He’s had forty years to learn what he was doing. He’s not some miserabilist semi-captive like the uniformed Bradley Manning. He’s a darkside player out to stick it to the Man. The guy has surrounded himself with the cream of the computer underground, wily old rascals like Rop Gonggrijp and the fearsome Teutonic minions of the Chaos Computer Club.
Assange has had many long, and no doubt insanely detailed, policy discussions with all his closest allies, about every aspect of his means, motives and opportunities. And he did what he did with fierce resolve.
Furthermore, and not as any accident, Assange has managed to alienate everyone who knew him best. All his friends think he’s nuts. I’m not too thrilled to see that happen. That’s not a great sign in a consciousness-raising, power-to-the-people, radical political-leader type. Most successful dissidents have serious people skills and are way into revolutionary camaraderie and a charismatic sense of righteousness. They’re into kissing babies, waving bloody shirts, and keeping hope alive. Not this chilly, eldritch guy. He’s a bright, good-looking man who — let’s face it — can’t get next to women without provoking clumsy havoc and a bitter and lasting resentment. That’s half the human race that’s beyond his comprehension there, and I rather surmise that, from his stern point of view, it was sure to be all their fault.
Assange was in prison for a while lately, and his best friend in the prison was his Mom. That seems rather typical of him. Obviously Julian knew he was going to prison; a child would know it. He’s been putting on his Solzhenitsyn clothes and combing his forelock for that role for ages now. I’m a little surprised that he didn’t have a more organized prison-support committee, because he’s a convicted computer criminal who’s been through this wringer before. Maybe he figures he’ll reap more glory if he’s martyred all alone.
I rather doubt the authorities are any happier to have him in prison. They pretty much gotta feed him into their legal wringer somehow, but a botched Assange show-trial could do colossal damage. There’s every likelihood that the guy could get off. He could walk into an American court and come out smelling of roses. It’s the kind of show-trial judo every repressive government fears.
It’s not just about him and the burning urge to punish him; it’s about the public risks to the reputation of the USA. They superpower hypocrisy here is gonna be hard to bear. The USA loves to read other people’s diplomatic cables. They dote on doing it. If Assange had happened to out the cable-library of some outlaw pariah state, say, Paraguay or North Korea, the US State Department would be heaping lilies at his feet. They’d be a little upset about his violation of the strict proprieties, but they’d also take keen satisfaction in the hilarious comeuppance of minor powers that shouldn’t be messing with computers, unlike the grandiose, high-tech USA.
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Assange is no more a “journalist” than he is a crypto mathematician. He’s a darkside hacker who is a self-appointed, self-anointed, self-educated global dissident. He’s a one-man Polish Solidarity, waiting for the population to accrete around his stirring propaganda of the deed. And they are accreting; not all of ‘em, but, well, it doesn’t take all of them.
Julian Assange doesn’t want to be in power; he has no people skills at all, and nobody’s ever gonna make him President Vaclav Havel. He’s certainly not in for the money, because he wouldn’t know what to do with the cash; he lives out of a backpack, and his daily routine is probably sixteen hours online. He’s not gonna get better Google searches by spending more on his banned MasterCard. I don’t even think Assange is all that big on ego; I know authors and architects, so I’ve seen much worse than Julian in that regard. He’s just what he is; he’s something we donâ’t yet have words for.
He’s a different, modern type of serious troublemaker. He’s certainly not a “terrorist,” because nobody is scared and no one got injured. He’s not a “spy,” because nobody spies by revealing the doings of a government to its own civil population. He is orthogonal. He’s asymmetrical. He panics people in power and he makes them look stupid. And I feel sorry for them. But sorrier for the rest of us.
Julian Assange’s extremely weird version of dissident “living in truth” doesn’t bear much relationship to the way that public life has ever been arranged. It does, however, align very closely to what we’ve done to ourselves by inventing and spreading the Internet. If the Internet was walking around in public, it would look and act a lot like Julian Assange. The Internet is about his age, and it doesn’t have any more care for the delicacies of profit, propriety and hierarchy than he does.
So Julian is heading for a modern legal netherworld, the slammer, the electronic parole cuff, whatever; you can bet there will be surveillance of some kind wherever he goes, to go along with the FREE ASSANGE stencils and xeroxed flyers that are gonna spring up in every coffee-bar, favela and university on the planet. A guy as personally hampered and sociopathic as Julian may in fact thrive in an inhuman situation like this. Unlike a lot of keyboard-hammering geeks, he’s a serious reader and a pretty good writer, with a jailhouse-lawyer facility for pointing out weaknesses in the logic of his opponents, and boy are they ever. Weak, that is. They are pathetically weak.
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Well… every once in a while, a situation that’s one-in-a-thousand is met by a guy who is one in a million. It may be that Assange is, somehow, up to this situation. Maybe he’s gonna grow in stature by the massive trouble he has caused. Saints, martyrs, dissidents and freaks are always wild-cards, but sometimes they’re the only ones who can clear the general air. Sometimes they become the catalyst for historical events that somehow had to happen. They don’t have to be nice guys; that’s not the point. Julian Assange did this; he direly wanted it to happen. He planned it in nitpicky, obsessive detail. Here it is; a planetary hack.
I don’t have a lot of cheery hope to offer about his all-too-compelling gesture, but I dare to hope he’s everything he thinks he is, and much, much, more.
Bruce Sterling
vanlose kid wrote:they, like the "sceptics", just don't get where he's coming from, so they focus on catch phrases like freak, geek, albino
vanlose kid wrote:...
there's some stuff i don't agree with there and some of it that just reads like a good author getting carried away by his powers of rhetoric, but what he does get right is Assange, he's an entirely new animal.
and i think this is why so many who (here at RI too) find him suspicious or are convinced he can't be for real is because to them he isn't. what motivates him is nothing they can recognize, so they try their best to fit him into some category that makes sense, to them.
he doesn't even make sense to the US and other authorities who are after him. – they, like the "sceptics", just don't get where he's coming from, so they focus on catch phrases like freak, geek, albino (and if they had paid attention they'd have known by now that his hair color went white due to some pretty harrowing personal experiences), and what not. there's been a lot of that bandied about. and they still don't get him.
asymmetrical. that's it. and alone. clear eyed and clear headed.
he knows what he's doing and has thought it all through. he's no martyr, no.
just doing what he does best.
vanlose kid wrote:there's some stuff i don't agree with there and some of it that just reads like a good author getting carried away by his powers of rhetoric, but what he does get right is Assange, he's an entirely new animal.
My Exclusive Interview with WikiLeaks Founder Julian Assange
by Cenk Uygur
Wed Dec 22, 2010 at 04:19:36 PM PST
on MSNBC's The Dylan Ratigan Show 12/22/2010
CENK UYGUR, GUEST HOST: First, our exclusive interview with WikiLeaks founder, Julian Assange, who sparked a global uproar with his release of hundreds of thousands of pages of secret government documents and diplomatic cables, information ranging from the outrageous -- we had innocent and unarmed reporters and Iraqi civilians being killed by U.S. troops -- to the downright embarrassing, comments about the hard partying and the corruption of different world leaders.
Not long after that latest release, Assange found himself in legal trouble in Sweden. But not for any reasons having to do with the leaks. Instead, he was booked on a series of sex charges.
With the help of people like the American filmmaker and activist, Michael Moore, Mr. Assange is now out on bail and speaking out to us.
Let's now go to Ellingham Hall in Norfolk, England, where Julian Assange is currently on house arrest.
Julian, great to have you with us.
Cenk Uygur's diary :: ::
JULIAN ASSANGE, FOUNDER, WIKILEAKS: Good evening, Cenk.
UYGUR: All right, the first question I have for you, Julian, is do you consider yourself a member of the press?
Are you a journalist?
ASSANGE: Well, I have been a member of the Australian press union for many years. I co-authored my first book when I was 25 and have been involved in setting up the -- the very fabric of the Internet in Australia since 1993 as a publisher.
So quite interesting that this is something that is being raised.
It's -- it's actually a quite deliberate attempt to split off our organization from the First Amendment protections that are afforded to all publishers.
You know, as time has gone by and our journalism has increased, I've been pushed up into senior management, into a position where I manage other journalists. I now even am in a -- in a position where I'm managing the interrelations between "The Guardian," "Spiegel," "The New York Times," "Al Jazeera" and so on, which were used in -- in our last production.
So, yes, unfortunately, I don't write that much anymore, because I'm busy being editor-in-chief, coordinating the actions of other journalists. But a quite deliberate attempt to split us off in the mind of the public from those "good" traditions of the United States, protecting the rights of the press to publish, to split us off from the support of the press in the United States, the support of journalists.
Some of those journalists have fallen for that.
And why?
Because they're worried that they're going to be next. They believe that if they sell us out, if they say, well, he's not really a journalist, they can have the U.S. -- have the Washington authorities target us and destroy us and somehow steer clear of the crossfire, which they worry will -- will scatter out through all journalists.
But I have a message to them. They're going to be next. And we're seeing these statements that "The New York Times" is -- is, you know, is now also being looked at in terms of whether it has engaged in what they call a conspiracy to con -- commit espionage.
So us journalists and publishers and writers, we all have to stick together to resist this sort of reinterpretation of the First Amendment, this attempt to use the 1917 Espionage Act, something that was put in place in the middle of World War -- toward the end of World War II, in the middle of the U.S. involvement in World War I, to stop bona fide espionage in World War I.
Now, we've got this antiquated act that they are trying to apply to publishers, arguably, unconstitutional. But that will take many years to get through the court.
And in the meantime, what happens?
In the meantime, we have our people harassed. We have calls to apply this to -- to other newspapers.
All members of the press and -- and all the American people who believe in freedom and the -- and the good founding principles of revolution -- of the revolutionary fathers have got to pull together and resist this attack on the First Amendment.
UYGUR: And do you think they have pulled together or do you think that large portions of -- whether it's the American media or the international media -- have abandoned you and not come to your defense when people in government call you a high tech terrorist?
ASSANGE: Yes, well, they were. They were. But we saw a bit of a shift around 10 days ago. You know, once I was put in prison, this really focused the mind of people intently into what was happening. So we -- we have seen a turnaround.
We saw the -- the House Judiciary Comm -- Committee issue a finding that this would be a -- a grave step and -- and an attack on the First Amendment. We've seen the New York-based Human Rights Watch saying that this would be a very grave step and should not be done. We've seen Reporters Without Borders issue an open letter to Obama condemning that sort of interpretation.
And we have seen a number of members of the mainstream press rightly stopping forward and understanding that there has to be a line drawn in the sand, that this erosion of the First Amendment must be stopped.
And so I'm quite hopeful about that. I think people are -- are saying that it's going too far. You know, always in this sort of situation, you have an institution like the State Department connected with military contractors and an institution like the Pentagon, an institution like the CIA, able to respond fairly quickly and get its agenda up fairly quickly because they are organized. They have a chain of command. They have internal e-mail communications and systems. They have existing contacts with the press. They spend an enormous amount of money on public relations. So they're -- they're able to get their message out quickly.
But the reality is that a large swathe of the population sees things differently, not just in the United States, but in Australia, my home country, where the -- the prime minister made similar sort of statements to the United States.
Now, that's completely turned around in Australia and Australians have gotten together --
UYGUR: Well --
ASSANGE: -- to even take out a full page ad in "The New York Times" condemning that -- that sort of behavior.
As time goes by, the large number of people -- the silent majority start to become organized. And that's what we've seen over the last two or so weeks -- the gradual organization of the silent majority to resist a new type of tyranny, a new type of privatized censorship, a new type of digital McCarthyism that is being pushed from Washington.
People don't like it. Around the world, people don't like it. They don't like it in the United States, especially because of these good First Amendment, revolutionary traditions about the rights and freedoms of all people to criticize and open up their government.
UYGUR: Well, Julian, I want to get to as much as possible here. So I want to give you a chance to respond one by one to your critics.
First to Mitch McConnell, who is, of course, the leader of the Republicans in the Senate and to Joe Biden, who both said that -- called you a high tech terrorist.
How do you respond to -- to Joe Biden, the vice president of the United States, saying that to you?
ASSANGE: Well, let's look at the definition of terrorism. The definition of terrorism is a group that uses violence or the threat of violence for political ends.
Now, no one in our four year publishing country covering over 120 countries has ever been physically harmed as a result of what we have done. And that's not just us saying that. It's the Pentagon saying that. That's NATO in Kabul saying that. No one -- not a shred of evidence. There are -- believe me that if they could find or even easily manufacture a shred of evidence, they would be doing that immediately.
So it's clear that whoever the terrorists are here, it's not us.
But we see constant threats from people in the Re -- you know, Republicans in the Senate trying to make a -- a name for themselves, the people like Sarah Palin, top shock jocks on Fox and, unfortunately, some members, also, of the Democratic Party, calling for my assassination, calling for the illegal kidnapping of my staff.
And -- and just a few days ago, it was in Fox, that was the phrase that was used -- illegal. He should be illegally murdered if necessary-- assassinated by the law, if possible, if not, illegally.
What sort of message does that send about the rule of law in the United States?
That is conducting violence in order to achieve a political end -- the elimination of this organization or the threat of violence to achieve a political end, the elimination of a publisher. And that is the definition of terrorism.
UYGUR: Now, I want to give you a chance to respond personally, though, because here Mike Huckabee is making it very personal. You saw that quote we had up. He says, I think anything less than execution is too kind a penalty for you. Sarah Palin is saying that you are like al Qaeda and the Taliban and he -- you should be pursued with the same urgency.
So how would you respond to Mike Huckabee, who is a top Republican leader, who's likely to run for president again?
How do you respond to Sarah Palin, a top Republican leader who might run for president again?
ASSANGE: Oh, it's just another idiot trying to make a name for himself. But it's a -- it's a serious business. I mean if we are to have a civil society, you cannot have senior people making calls on national TV to go around the judiciary and illegally murder people.
That is incitement to commit murder. That is an offense. You cannot have senior people on national TV asking people to commit an offense.
That is not a country that obeys the rule of law.
Does the United States obey the rule of law?
Because Europeans are starting to wonder whether it is still obeying the rule of law?
And it needs to be very careful.
Is it going to descend into an anarchy where we don't have due process, where those great Bill of Rights traditions about due process are just thrown to the wind, when -- whenever some shock jock politician thinks that they can use it to make a name for themselves?
Or do we take things according to laws expressly made by the people and their representatives?
That is the way things should be done. And -- and when people call for illegal, deliberate assassination and kidnapping of others, they should be held to account. They should be charged for incitement to commit murder.
UYGUR: Well, that's a very strong charge. And what they're saying is very strong.
What -- what's actually happened, the only person who's actually been arrested on any leak is actually Private Bradley Manning. He's actually been in prison for the last seven months. And I know you spent a week in prison and you got a little sense of how bad it can be. He's had 200 days of solitary confinement in a small cell for 23 hours a day. He gets a 5:00 a.m. Wake up call. He's not even allowed to exercise in his cell. He's not allowed to have sheets or a pillow, etc. Etc. Etc.
A lot of people, including some of the top human rights analysts in-- in the world, believe that this is cruel and inhumane treatment.
Do you think Private Manning is, one, a hero?
And, number two, do you think the American government is treating him wrong by keeping him in isolation for so long?
ASSANGE: We don't know whether this young man is our source or not. Our technology is set up so we don't know that. That is the best way to protect people.
But let's look at the allegations. Regardless of whether he was the whistleblower behind some of these res -- revelations or not, he is a young man that has been caught up in this, kept in solitary confinement for some six months -- some 5,000 hours now -- in conditions that were even worse than the ones that I was in, held in a -- he's now held in a military brig. His visits are very limited, only once a week. And his lawyer has said that they have been getting worse and that his psychological health has been getting worse.
If we are to believe the allegations, then this man acted for political reasons. He is a political prisoner in the United States. He has not gone to trial. He's been a political prisoner without trial in the United States for some six or seven months. That's a serious business. Human rights organizations should be investigating the conditions under which he is held and is there really due process there?
Now, we've recently heard calls to try and set up a plea deal with Brad -- Bradley Manning to testify against me, personally, to say that we engaged in some kind of conspiracy to commit espionage -- absolute nonsense. Absolute nonsense. That's not how our technology works.
UYGUR: Well --
ASSANGE: That's not how our organization works. I never heard of the name Bradley Manning before it appeared in the media.
But actually, mainstream journalists in the United States, mainstream investigative journalists, how do they operate when they're investigating a story?
They do actually ring up their sources and say, do you have anything on this?
That is how they operate.
And if we are to -- if they want to push the line that when a newspaperman talks to someone in the government about looking for things relating to potential abuses, that that is a conspiracy to commit espionage, then that's going to take out all the good government journalism that occurs in the United States.
And, fortunately, as an organization, we're not too exposed to that because that's not how our technology works. But other journalists are. And they need to take action now.
And they need to understand another thing, that in this case of Bradley Manning, his conditions have been getting worse and worse and worse in his cell as they attempt to pressure him into testifying against me.
That's a serious problem.
UYGUR: Right. Right, Julian.
And I want to let the audience know that Private Manning, of course, has not been convicted of anything. He's in isolation as we keep our most serious criminals, even though he has not been convicted.
ASSANGE: But Julian Assange, we -- we really appreciate your time today.
Thank you for joining us.
ASSANGE: All right.
Merry Christmas.
UYGUR: And -- all right. Merry Christmas to you, as well.
lupercal wrote:vanlose kid wrote:they, like the "sceptics", just don't get where he's coming from, so they focus on catch phrases like freak, geek, albino
Good grief, we get him, we got him a year ago. What difference does it make if he's James Earl Ray or Lee Harvey Oswald, or James Bond for all it matters, he's still a patsy and this wiki business is about as obvious as the sky is blue. I wish JA well but I don't expect it will end well for him so I hope he enjoys his 15.
justdrew wrote:
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yeah, I think he plays it a bit wrong in saying WL 'hacked' - really no hacking involved in the Manning releases and none from WL ever. I assume he means hacked in the broadest sense of the term, which I guess is fine, but I worry it plays wrong to call it that.
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JackRiddler wrote:.
Bruce Sterling: Never heard of him before. excellent writer! Very sharp insights.vanlose kid wrote:there's some stuff i don't agree with there and some of it that just reads like a good author getting carried away by his powers of rhetoric, but what he does get right is Assange, he's an entirely new animal.
Yes. He sketches both Manning and Assange brilliantly. He's right that Assange is endeavoring a vision of the Internet already 20 years in the making. And about how the state is still having trouble understanding it. (The idea that All is Psyop seems increasingly remote and absurd.) Also, that this is a very specific subculture -- where anarchists and "real" libertarians and hippies meet hackers -- and this is why Assange seems so strange to those who've had no contact with that subculture. But there are many thousands just like him, although he is very well-spoken and charismatic for that group.
"Hacked the planet" is an unfortunate choice of words because it sounds like computer hacking, but very apt in describing what Sterling means: a planned disruption of the world's political programming, for the moment.
Good read. Thanks.
vanlose kid wrote:lupercal wrote:vanlose kid wrote:they, like the "sceptics", just don't get where he's coming from, so they focus on catch phrases like freak, geek, albino
Good grief, we get him, we got him a year ago. What difference does it make if he's James Earl Ray or Lee Harvey Oswald, or James Bond for all it matters, he's still a patsy and this wiki business is about as obvious as the sky is blue. I wish JA well but I don't expect it will end well for him so I hope he enjoys his 15.
![]()
dude, your playbook is so old your mama uses it as kindle in her range oven. it's so old it went out of style 213 times. in fact, it's so old the first Gutenberg print was the 197th edition with a 334 page appendix of obsolete terms.justdrew wrote:
...
yeah, I think he plays it a bit wrong in saying WL 'hacked' - really no hacking involved in the Manning releases and none from WL ever. I assume he means hacked in the broadest sense of the term, which I guess is fine, but I worry it plays wrong to call it that.
...
i think its a hack in the strictest sense.JackRiddler wrote:.
Bruce Sterling: Never heard of him before. excellent writer! Very sharp insights.vanlose kid wrote:there's some stuff i don't agree with there and some of it that just reads like a good author getting carried away by his powers of rhetoric, but what he does get right is Assange, he's an entirely new animal.
Yes. He sketches both Manning and Assange brilliantly. He's right that Assange is endeavoring a vision of the Internet already 20 years in the making. And about how the state is still having trouble understanding it. (The idea that All is Psyop seems increasingly remote and absurd.) Also, that this is a very specific subculture -- where anarchists and "real" libertarians and hippies meet hackers -- and this is why Assange seems so strange to those who've had no contact with that subculture. But there are many thousands just like him, although he is very well-spoken and charismatic for that group.
"Hacked the planet" is an unfortunate choice of words because it sounds like computer hacking, but very apt in describing what Sterling means: a planned disruption of the world's political programming, for the moment.
Good read. Thanks.
yep, the coldest systems hack ever, in broad daylight, and in meatspace to boot.
eversion – and in a way Gibson never imagined.
*
UN Special Rapporteur on the Promotion and Protection
the Right to Freedom of Opinion and Expression
Inter-American Commission on Human Rights
Special Rapporteur for Freedom of Expression
Joint Statement On Wikileaks
December 21, 2010 – In light of ongoing developments related to the release of diplomatic cables by the organization Wikileaks, and the publication of information contained in those cables by mainstream news organizations, the United Nations (UN) Special Rapporteur on Freedom of Opinion and Expression and the Inter-American Commission on Human Rights (IACHR) Special Rapporteur for Freedom of Expression see fit to recall a number of international legal principles. The rapporteurs call upon States and other relevant actors to keep these principles in mind when responding to the aforementioned developments.
1. The right to access information held by public authorities is a fundamental human right subject to a strict regime of exceptions. The right to access to information protects the right of every person to access public information and to know what governments are doing on their behalf. It is a right that has received particular attention from the international community, given its importance to the consolidation, functioning and preservation of democratic regimes. Without the protection of this right, it is impossible for citizens to know the truth, demand accountability and fully exercise their right to political participation. National authorities should take active steps to ensure the principle of maximum transparency, address the culture of secrecy that still prevails in many countries and increase the amount of information subject to routine disclosure.
2. At the same time, the right of access to information should be subject to a narrowly tailored system of exceptions to protect overriding public and private interests such as national security and the rights and security of other persons. Secrecy laws should define national security precisely and indicate clearly the criteria which should be used in determining whether or not information can be declared secret. Exceptions to access to information on national security or other grounds should apply only where there is a risk of substantial harm to the protected interest and where that harm is greater than the overall public interest in having access to the information. In accordance with international standards, information regarding human rights violations should not be considered secret or classified.
3. Public authorities and their staff bear sole responsibility for protecting the confidentiality of legitimately classified information under their control. Other individuals, including journalists, media workers and civil society representatives, who receive and disseminate classified information because they believe it is in the public interest, should not be subject to liability unless they committed fraud or another crime to obtain the information. In addition, government "whistleblowers" releasing information on violations of the law, on wrongdoing by public bodies, on a serious threat to health, safety or the environment, or on a breach of human rights or humanitarian law should be protected against legal, administrative or employment-related sanctions if they act in good faith. Any attempt to impose subsequent liability on those who disseminate classified information should be grounded in previously established laws enforced by impartial and independent legal systems with full respect for due process guarantees, including the right to appeal.
4. Direct or indirect government interference in or pressure exerted upon any expression or information transmitted through any means of oral, written, artistic, visual or electronic communication must be prohibited by law when it is aimed at influencing content. Such illegitimate interference includes politically motivated legal cases brought against journalists and independent media, and blocking of websites and web domains on political grounds. Calls by public officials for illegitimate retributive action are not acceptable.
5. Filtering systems which are not end-user controlled – whether imposed by a government or commercial service provider – are a form of prior censorship and cannot be justified. Corporations that provide Internet services should make an effort to ensure that they respect the rights of their clients to use the Internet without arbitrary interference.
6. Self-regulatory mechanisms for journalists have played an important role in fostering greater awareness about how to report on and address difficult and controversial subjects. Special journalistic responsibility is called for when reporting information from confidential sources that may affect valuable interests such as fundamental rights or the security of other persons. Ethical codes for journalists should therefore provide for an evaluation of the public interest in obtaining such information. Such codes can also provide useful guidance for new forms of communication and for new media organizations, which should likewise voluntarily adopt ethical best practices to ensure that the information made available is accurate, fairly presented and does not cause substantial harm to legally protected interests such as human rights.
Catalina Botero Marino
Inter-American Commission on Human Rights Special Rapporteur on Freedom of Expression
Frank LaRue
UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression
The Consul wrote:It is like Wittgenstein's one armed brother playing chess against a player piano.
Is it real, or is it Memorex?
It is information.
It appears much of it is verifiable fact of various episodes forgotten or unknown of embarrasing indecencies of men at war and empires at play.
The game to be played rests in a diamond that stretches from gag orders and lawsuits and corporate foreplay bowing confidently to the masses slumbering, waiting to be told in bold, red headlines:
IT'S OVER! EVERYTHING IS GOING TO BE OKAY!
If Wikileaks is a psyop it is part of a max factored measurement to see if the zombies in the bleechers have any life left in them at all.
So far, doesn't look like it...
But just what would it take, at this stage, anyway?
December 23, 2010
Swiss Judge Presses for Nuclear Trial Despite C.I.A. Link
By DAVID JOLLY
PARIS — Three engineers suspected of violating Switzerland’s nuclear nonproliferation laws should face charges, an investigating magistrate said on Thursday in a case with national security implications for the United States.
The Swiss magistrate, Andreas Müller, said in a telephone interview that he was recommending that the three Swiss men — Friedrich Tinner and his two sons, Marco and Urs — be tried for violating a Swiss law on the use of war material, “specifically in supporting the development of nuclear weapons.”
The investigation stems from the Tinners’ relationship with Abdul Qadeer Khan, the Pakistani atomic bomb pioneer who later peddled his knowledge on the black market. The three family members are alleged to have acted as middlemen in Mr. Khan’s dealings with rogue nations seeking nuclear equipment and expertise.
The Tinners have acknowledged working for Mr. Khan, but they maintain that they believed he was developing peaceful nuclear power applications. Judge Müller said that that defense did not hold up after May 1998, when Pakistan tested an atomic bomb. “After that, they had to know it was for bombs,” he said.
Judge Müller, an independent federal judge, said that the government was not bound by his recommendation to prosecute, and he noted that the state had been dragging its heels or actively obstructing the investigation.
The Tinners’ involvement with Mr. Khan was born of Friedrich Tinner’s expertise in vacuum technology, which aided Mr. Khan’s development of atomic centrifuges to produce fuel for Pakistan’s nuclear arsenal. American officials have said that in 2000, Urs Tinner was recruited by the C.I.A. to work secretly for the agency, and that he later persuaded his father and younger brother to join him as moles.
Lawyers for the Tinners did not immediately respond to requests for comment, and Paula Weiss, a spokeswoman for the C.I.A., declined to comment.
The six-year investigation has been hampered at times by the Swiss government’s insistence that it had to destroy evidence — which included plans for nuclear arms and technologies — in the name of national security.
The New York Times reported in 2008 that the administration of President George W. Bush had also urged the Swiss government to destroy the files. The reason, according to officials, was less to thwart terrorists than to hide evidence of a clandestine relationship between the Tinners and the C.I.A. The officials told The Times that the Tinners had been paid as much as $10 million to deliver secret information that helped to end Libya’s bomb program, to reveal Iran’s atomic labors and, ultimately, to undo Mr. Khan’s nuclear black market.
“I would appreciate it if the attorney general would go to court with the case,” Judge Müller said on Thursday. “With all that’s happened, with the destruction of files and all, we need to see if the whole procedure still withstands the rule of law. I think that’s a very big question mark.” In the Swiss system, the prosecutor makes decisions independently of the federal government. Regardless of whether officials pursue prosecution, it will take time, he said, and it will “be midyear, at the least,” before anything concrete happens in the case.
He also said that as far as the investigation is concerned, the Tinners’ involvement with the C.I.A. is an established fact, though he said that no one from the agency or from the executive branch of the Swiss government had ever explicitly said that it was true. The involvement of an American intelligence agency in the case has been important not only for the Tinners’ defense, he said, “but also for the prosecution, in that it limits the duration of the time they were working illegally for the Khan network until June 2003,” when they began working for the agency.
“We were not allowed to prosecute their work for the C.I.A., even though it is illegal to work for foreign secret services in Switzerland,” which is a neutral country, Judge Müller said.
Jeannette Balmer, a spokeswoman for the federal prosecutors’ office, said officials would analyze Judge Müller’s 174-page final report “and decide what action to take.” She declined to comment further.
The Institute for Science and International Security, a Washington-based research organization, said in a report this week that Swiss federal prosecutors believe the Tinners should be brought to justice regardless of their assistance to the C.I.A., because they illegally supported Libya’s nuclear weapons program. The prosecutors believe “this assistance was probably forced, and Swiss courts are the rightful place to determine their guilt or innocence and decide on any extenuating circumstances,” the report said.
The case has been extremely controversial in Switzerland. The Swiss Parliament issued an opinion saying the executive had acted “disproportionately” in destroying the evidence.
“It was the first time that the executive had interfered that hard with justice,” Judge Müller said. “The separation of powers was overrun.”
William J. Broad and David E. Sanger contributed reporting.
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