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Re:Julian Assange granted permission to appeal against extra... by prmoustache on Tuesday March 26, 2024 @07:57AM (#39826745)
I still don't understand how a country can grant extradition of a non US citizen to the USA for "espionage". Every country is potentially spying on every other country and it doesn't even matter if they are supposed to be allies or enemies. The only limits are resources.
Re:Julian Assange granted permission to appeal against extra... by throw0101c on Tuesday March 26, 2024 @08:27AM (#39826995)
> I still don't understand how a country can grant extradition of a non US citizen to the USA for "espionage".

The act happened on a computer system with-in US jurisdiction.

See also "Three North Korean Military Hackers Indicted in Wide-Ranging Scheme to Commit Cyberattacks and Financial Crimes Across the Globe":

> Indictment Expands 2018 Case that Detailed Attack on Sony Pictures and Creation of WannaCry Ransomware by Adding Two New Defendants and Recent Global Schemes to Steal Money and Cryptocurrency from Banks and Businesses while Operating in North Korea, China

* https://www.justice.gov/opa/pr/three-north-korean-military-h...

* https://www.theguardian.com/technology/2021/feb/17/north-kor...

* https://www.bbc.com/news/technology-56103921

> Every country is potentially spying on every other country and it doesn't even matter if they are supposed to be allies or enemies.

There are 'official' spies that have diplomatic immunity, and so cannot be charged, but can be expelled. The 'unofficial' spies can certainly be charged:

* https://www.theguardian.com/world/2010/jun/29/fbi-breaks-up-...

When it comes to cyber-y stuff, certainly countries work against each other, but if it's a "group" that is doing the attacks, it may be hard to identify the individuals, but when they are identified, they can be charged:

* https://www.theregister.com/2024/03/25/china_apt31_charges/

Re:Julian Assange granted permission to appeal against extra... by Etherlord87 on Tuesday March 26, 2024 @01:37PM (#39830581)
> The act happened on a computer system with-in US jurisdiction.

So let's say I google some information about Koran and find a website with Koran, analysis etc. Turns out it's hosted in Saudi Arabia, and the act of me, an atheist, reading Koran is blasphemy, punishable with death.

So should I be extradited to Saudi Arabia, given that the act happened on a computer system with-in Saudi Arabia?

Re:Julian Assange granted permission to appeal against extra... by throw0101c on Tuesday March 26, 2024 @05:53PM (#39833297)
> So should I be extradited to Saudi Arabia, given that the act happened on a computer system with-in Saudi Arabia?

IANAL: AIUI, extradition generally only occurs if the (alleged) action is a crime in both jurisdiction.

> If Country A has no laws against blasphemy, for example, a lack of double criminality could prevent a suspect from being extradited from Country A to face blasphemy charges in another country, i.e. no outbound extradition from Country A, and neither are citizens of Country A eligible for international prisoner transfers from another country having criminally convicted them for blasphemy, i.e. no inbound prisoner transfer to Country A.

* https://en.wikipedia.org/wiki/Double_criminality

Blasphemy (against the Quran) is not a crime in (e.g.) the US, so generally you could not be extradited from there for it. Also, there is no the treaty:

* https://en.wikipedia.org/wiki/Saudi_Arabia–United_States_rel...

Whereas (say) unauthorized computer access is a crime in many places, and so it could be a mutual-crime eligible for extradition.

Of course if you live in Country A and are charged in Country B which has no treaty with A, you could potentially (IANAL) be arrested in Country C—which does have a treaty with B—if you were travelling there.

Re:Julian Assange granted permission to appeal against extra... by graemep on Tuesday March 26, 2024 @08:26AM (#39826984)
I suspect part of the answer is that most or all countries regard leading information to the the public to be far worse than leaking it to other countries.

> Every country is potentially spying on every other country and it doesn't even matter if they are supposed to be allies or enemies.

Very true. The UK spying on Belgium and the US spying on Germany come to mind., but that is "business as usual" and no one expects it to change or start going after people involved.

Re:Julian Assange granted permission to appeal against extra... by K0balt on Tuesday March 26, 2024 @09:00AM (#39827284)
Espionage and disclosure are two different things.

Espionage is expected and deterred as possible but because everyone has spies everyone tends to play nice when they get caught, because they don’t want their own agents mistreated.

Disclosure, on the other hand, threatens the power structure of all players.

People need to understand that the every person is meant to be firmly under the foot of the ruling class, and understanding the mechanisms by which this is accomplished is verboten. The excuses range from “what about the children” to “national security” but the goal is the same - maintaining a healthy imbalance of information and power.

Anything that significantly threatens that imbalance will be met with extreme prejudice. JA overplayed his hand and underestimated the willingness of those involved to absorb casualties in order to stem the proliferation of infrastructure which might work against that treasured monopoly of coercion.

Encryption, distributed systems, anonymous networks, and related technologies are the only effective means to provide a counter to the asymmetric threats that endanger our personal agency.

These technologies are much more important to a free society than any possible harm that they may facilitate. Those harms existed before the internet, and will not go away if they are made slightly more difficult.

The ability to pervasively maintain an efficiently functioning surveillance state requires the internet, and P/A technologies are critical to countering the efficiency of this capability.

Re:Julian Assange granted permission to appeal against extra... by FpUser on Tuesday March 26, 2024 @09:59AM (#39827905)
>"everyone has spies everyone tends to play nice when they get caught"

Nope. "Nice" only comes if they are exchanged. Otherwise just rot in jail.

Re:Julian Assange granted permission to appeal against extra... by K0balt on Tuesday March 26, 2024 @05:17PM (#39832967)
Sure, but they are assets at least. JA is most useful as an object lesson in fear.
Re:Julian Assange granted permission to appeal against extra... by sourcepluck on Wednesday March 27, 2024 @06:47AM (#39837471)
"Encryption, distributed systems, anonymous networks, and related technologies are the only effective means to provide a counter to the asymmetric threats that endanger our personal agency."

Here here, well said.

Re:Julian Assange granted permission to appeal against extra... by hnbad on Tuesday March 26, 2024 @07:04PM (#39833827)
FWIW there was a special investigation into the US spying in Germany but it didn't lead anywhere because there was no political desire to create any consequences. It seems to boil down to everyone in government who was affected already having been aware that the US is likely spying on them and shrugging it off as a cost of doing business with the US. Additionally the US used to have a legal provision in West Germany that provided them a carte blanche for various covert ops shenanigans due to the outcome of World War 2. Officially this contract ended eventually but everyone aware of that history seems to be certain that it was merely replaced by similar but less publicly visible agreements.
Re:Julian Assange granted permission to appeal against extra... by M95D on Tuesday March 26, 2024 @08:15AM (#39826882)
I guess it depends on what's written in the treaty.
Re:Julian Assange granted permission to appeal against extra... by 2OEH8eoCRo0 on Tuesday March 26, 2024 @08:17AM (#39826897)
What would the alternative be? Expats can commit cyber crimes risk-free? Just don't be a citizen of the country you reside in or the country you're attacking and you're immune!

They can extradite him because Australia says that they can. Most of our countries at the highest levels agreed to this. It's called international law and it's messy.

Re:Julian Assange granted permission to appeal against extra... by marcus_holmes on Tuesday March 26, 2024 @11:44AM (#39829289)
If you insult the prophet Mohammed in a Facebook post should Iran be able to extradite you from the USA to Iran in order to charge and punish you for committing that crime in their country?

Obviously not. Yet the USA does this routinely. It's effectively what Assange did.

Re:Julian Assange granted permission to appeal against extra... by amanaplanacanal on Tuesday March 26, 2024 @01:14PM (#39830343)
Normally I think it has to be a crime in both countries. Breaking into computers is.
Re:Julian Assange granted permission to appeal against extra... by marcus_holmes on Tuesday March 26, 2024 @09:09PM (#39834687)
Assange did not break into any computers. That was Manning.

Publishing US state secrets is not a crime in any other country.

Re:Julian Assange granted permission to appeal against extra... by amanaplanacanal on Wednesday March 27, 2024 @11:02AM (#39840193)
> Assange did not break into any computers.

I think that is what the trial is to decide.

Re:Julian Assange granted permission to appeal against extra... by marcus_holmes on Monday April 01, 2024 @09:58PM (#39901591)
No, the USA is specifically only charging him with publication of unredacted documents. They are not charging him with obtaining the secrets (that was Manning) but just with publishing them without redacting the names of US informants. At least, that's what they're claiming at the extradition; what they subsequently choose to actually charge him with once he's on US soil is a different thing.
Re:Julian Assange granted permission to appeal against extra... by eastbound on Tuesday March 26, 2024 @08:29AM (#39827019)
> Expats can commit cyber crimes risk-free?

Not an expat. Julian Assange is not a US citizen, not on US ground, does not work for a US company. He can’t be committing “espionage” because he’s not inside; at most he can be committing “reporting” upon US practices.

Same question arose when EU wrote the GDPR: It was a debate at the time that a US company with no activity in EU could be trialled in EU for misdemeanor against EU laws. Apparently it can.

Re:Julian Assange granted permission to appeal against extra... by _fizz_buzz_ on Tuesday March 26, 2024 @08:42AM (#39827126)
I think the case against Assange is a bit flimsy. But this argument doesn’t hold. If you hire a hitman and kill someone in the US, you commit a crime in the US. Even if you are not a US citizen of, have never been to the US and don’t work for a US company.
Re:Julian Assange granted permission to appeal against extra... by 2OEH8eoCRo0 on Tuesday March 26, 2024 @08:36AM (#39827072)
How is he not an expat of Australia?
Re:Julian Assange granted permission to appeal against extra... by saalweachter on Tuesday March 26, 2024 @08:48AM (#39827177)
Only Americans get to be expats, everyone else has to be immigrants.
Re:Julian Assange granted permission to appeal against extra... by eastbound on Tuesday March 26, 2024 @08:49AM (#39827189)
He came to UK. He’s not an Australian expat in USA.
Re:Julian Assange granted permission to appeal against extra... by slibhb on Tuesday March 26, 2024 @08:38AM (#39827085)
That's kind of the point. Assange wasn't acting on behalf of his country. If he was, there'd be much less of an issue.

I think it's a miscarriage of justice that Assange is just sitting in jail. At the same time, his defenders don't admit that he solicited and provided technical assistance to Americans who expressed interest in stealing secrets. Plus he's almost certainly a creep. The condom-removal allegations are very likely true. While not relevant to his crimes, this makes him much less sympathetic.

Re:Julian Assange granted permission to appeal against extra... by 2devnull on Tuesday March 26, 2024 @09:04AM (#39827313)
Condom removal?

Edit: I see the law is catching up there: https://apnews.com/article/health-crime-california-gavin-new...

Re:Julian Assange granted permission to appeal against extra... by surfingdino on Tuesday March 26, 2024 @08:54AM (#39827240)
It's a complex legal matter and nobody involved is in any rush to make hasty decisions, because they may impact future extradition requests. Speaking of the future, intentional or not, Assange's case has a freezing effect on people who might be thinking of sharing secrets. That's already a win for those who don't want secrets to be shared with the public.
Re:Julian Assange granted permission to appeal against extra... by boomboomsubban on Tuesday March 26, 2024 @09:05AM (#39827320)
>Speaking of the future, intentional or not, Assange's case has a freezing effect on people who might be thinking of sharing secrets

Saying Assange "shared" secrets seems incorrect. Manning shared secrets with Assange so that Assange could publish them.

Punishing Manning surely scared those considering sharing secrets. Punishing Assange would frighten those considering publishing secrets, something the US has generally been unable to freely do.

Re:Julian Assange granted permission to appeal against extra... by surfingdino on Tuesday March 26, 2024 @02:37PM (#39831280)
We might be splitting hairs here, but is publishing not sharing?
Re:Julian Assange granted permission to appeal against extra... by boomboomsubban on Tuesday March 26, 2024 @02:59PM (#39831532)
From my position, your post looked like it was saying the prosecution of Assange would scare whistleblowers not journalists. You probably meant publishers, but I figured clarification would be better.

I say that, but my post also could use clarification. The US has typically been unable to scare publishers of documents, the last time they really tried was with the Pentagon Papers and the Supreme Court ruled they couldn't punish publishers.

Re:Julian Assange granted permission to appeal against extra... by hnbad on Tuesday March 26, 2024 @07:04PM (#39833830)
It's important to keep in mind that this is not just about the US. Countries not aligned with the US may have an interest in exposing the US but most countries do not have an interest of being exposed in a similar manner and setting an example with Assange not only deters exposure of the US but exposure of any of the countries aligned with the US and supporting the extradition.
Re:Julian Assange granted permission to appeal against extra... by bdw5204 on Tuesday March 26, 2024 @08:59AM (#39827270)
Arguably, the rest of the "free world" can be seen as provinces of an American Empire with their independence. From that perspective, the Assange extradition makes perfect sense.

This isn't as crazy as it sounds because the Roman Empire had provinces which were technically "independent" monarchies aligned with Rome. Most famously, Egypt under Cleopatra and Judea under Herod.

Re:Julian Assange granted permission to appeal against extra... by williamdclt on Tuesday March 26, 2024 @09:21AM (#39827490)
> Arguably

You're going to have to write a book or two of argumentation, because you seem like you're drawing parallels between intersecting lines

Re:Julian Assange granted permission to appeal against extra... by sofixa on Tuesday March 26, 2024 @09:47AM (#39827768)
> Arguably, the rest of the "free world" can be seen as provinces of an American Empire with their independence

Arguably, this is bullshit. The UK might be dangerously friendly with the US on multiple fronts, but e.g. France has refused to extradite Polanski forever, refuses to hand over control of their nukes to NATO, and pursues an independent but aligned foreign policy to the US.

Re:Julian Assange granted permission to appeal against extra... by manquer on Tuesday March 26, 2024 @03:32PM (#39831883)
Polanski is French citizen though and key figure in the French cultural circles, also he was well connected enough to be let go in the US in the first place multiple times .

While US would prosecute him if they could , they have not tried anywhere as hard to extradite him like they are doing with Assange .

Assange is not a UK citizen , UK has some of the weirdest privacy and human rights laws they are not fully part of EHCR anymore and actively trying to deport refugees to Rwanda , France is hardly in the same category as UK .

I wouldn’t characterize UK as country with strong human rights they are pretty exploitative (see how they treated windrush generation or the Gurkhas )

Re:Julian Assange granted permission to appeal against extra... by bdw5204 on Tuesday March 26, 2024 @06:38PM (#39833644)
Polanski is very different from Assange. Assange exposed US government secrets which directly threatens the US government's power. From the perspective of a government, that's far more serious a crime than (allegedly) raping a child because it directly harmed the US government's interests.

Crimes that directly threaten the sovereign are always the most serious crimes especially if they involve waging war against it or undermining its war effort. This is a constant throughout all societies. The next most serious class of crimes would be those that undermine the state's control of the financial system which is critical to its power. That's also why the US government has thrown the book at those who trespassed in the Capitol as part of a comically incompetent attempt to overturn the 2020 presidential election. Likewise, intentional tax evasion is going to get the book thrown at you. When the state feels genuinely threatened, "human rights" and "constitutional rights" are irrelevant and will be "interpreted" to allow whatever the state wishes to do.

Re:Julian Assange granted permission to appeal against extra... by manquer on Thursday March 28, 2024 @12:25AM (#39847783)
> has thrown the book at those who trespassed in the Capitol

Really? It doesn't seem that way at all to me, it seems only few rioters have been given a slap on the wrist, none of the key organizers are in jail, neither is head of the moment, many of them who attempted to overthrow the government are serving in congress even now. The leader is the presumptive nominee of a major political party and openly talks about being a dictator when elected. Not one have been disqualified under 14th amendment and does not look at all likely before the election.

The extremely slow speed and ineptitude at which the system has moved so far is just astonishing and is completely counter to your point on Government moves faster, harder when its survival is at stake, compare that to say how quickly Brazil has reacted to a similar attempt by Jair Bolsonaro.

> far more serious a crime than (allegedly) raping a child because

It is sad that we have come far to these days characterize actions by foreign reporters not subject to any U.S. law whatsoever and who merely published and did not leak themselves damning evidence of atrocities and war crimes committed in violation of Geneva convention of which US is a signatory as crimes.

Also I cannot but help notice that you feel need to say allegedly about an horrific incident in which no one disputes the facts, but afford no such benefit of doubt to Assange.

Re:Julian Assange granted permission to appeal against extra... by api on Tuesday March 26, 2024 @09:39AM (#39827676)
If you believe “free world” should be in quotes you need to travel more or talk to more expats.

Maybe we really do need a little dance with authoritarianism here to remind people what that is.

Re:Julian Assange granted permission to appeal against extra... by devsda on Tuesday March 26, 2024 @10:00AM (#39827909)
I think the "free world" here is not a reference to the people's freedom but a reference to the sovereignty & freedom of national governments themselves w.r.t to certain policies on the global stage.
Re:Julian Assange granted permission to appeal against extra... by PickledHotdog on Tuesday March 26, 2024 @10:36AM (#39828452)
Traveller and expat here - "free world" is absolutely correct.

Even its allies aren't free of government interference from the US.

Re:Julian Assange granted permission to appeal against extra... by api on Tuesday March 26, 2024 @12:50PM (#39830034)
I meant at the individual level. I don't care nearly as much about what governments can do.
Re:Julian Assange granted permission to appeal against extra... by bdw5204 on Tuesday March 26, 2024 @07:30PM (#39834038)
From the individual level, obviously the US and its allies are the freest countries in the world. US adversaries are basically all obvious tyrannies of one form or another.

But US allies are not "free" in the sense that they can't do something that the US really doesn't like. Japan's government, for example, would not be trying to repeal its pacifist constitution unless they had the US's blessing to re-militarize.

Basically, there are 2 different senses in which a country can be called "free". But even in the individual liberty sense, a libertarian (either of the Ron Paul or Noam Chomsky variants) would not consider the US or any of its allies to be free and acting like they are libertarian countries is a good way to become a martyr.

Re:Julian Assange granted permission to appeal against extra... by doikor on Tuesday March 26, 2024 @09:20AM (#39827470)
Important part is that it is the countries spying in each other not private individuals.

This gives the spy protection as both sides are spying on each other so usually what happens is some snarky comment/strongly worded letter and expulsion of a few spies back to their home country from both sides.

In the worst case someone goes to prison but usually in response the other side also finds some spies to put into prison too as "revenge".

Also whatever information the spies manage to get in general is not released to the public.

Re:Julian Assange granted permission to appeal against extra... by VoodooJuJu on Tuesday March 26, 2024 @09:24AM (#39827528)
They're allowed to because justice is the interest of the stronger.
Re:Julian Assange granted permission to appeal against extra... by Lionga on Tuesday March 26, 2024 @09:40AM (#39827687)
bigger army diplomacy
Re:Julian Assange granted permission to appeal against extra... by amanaplanacanal on Tuesday March 26, 2024 @01:12PM (#39830315)
I thought the legal case was about hacking, not espionage.
Re:Julian Assange granted permission to appeal against extra... by singularity2001 on Tuesday March 26, 2024 @03:35PM (#39831914)
Remember the judge of Epstein who boasted that he got murderers aquitted? That's the level of legal juggling you get in such cases.