Now that the US government has WikiLeaks whistle-blower Julian Assange under their legal thumb, they’re trying to figure out what to do with him next.
Assuming that what Assange has done is wrong (a point that is still very much open for debate as far as I’m concerned), the next step is to figure out what charges to levy against him. This is an important crossroads for the case, because how the government chooses could have an intense and lasting impact on basic citizens’ rights.
There are a couple of choices that political and judicial leaders are likely contemplating. The first that usually comes to mind is the Espionage act, however there are some serious implications that would result if that path is taken.
Kim Zetter at Wired.com explains the problem in a quick and concise manner:
“If prosecutors were to charge Assange for publishing classified documents under the Espionage Act, it would be a political landmine since it would open traditional media outlets, such as The New York Times, to similar prosecutions for publishing classified information, a quagmire the Justice Department likely wants to avoid,” Zetter writes.
The other option is the Computer Fraud and Abuse Act (CFAA), known better as the “anti-hacking law”. This is the law which Pfc. Bradley Manning, the 22-year-old Army intelligence analyst who claims to have downloaded the diplomatic cables from the Secret Internet Protocol Router Network (SIPRNET), has been charged with violating.
“Charging Assange with conspiracy under the CFAA instead would help them avoid the constitutional issues,” Zetter explains. “While journalists have generally been protected from prosecution for publishing classified documents, encouraging a source to obtain documents in a manner known to be illegal is not protected.”
As TechDirt pointed out earlier this year, the US courts have a long history of stretching the CFAA to suit their current needs. The key to the government’s case this time is going to be whether they can generate enough proof that Assange had a relationship with Manning which aided the leaks, thus a conspiracy charge would apply.
Before you make up your mind whether Assange should be charged with breaking either of these laws, I urge you to think carefully about the freedoms you have. As Judiciary Committee Chairman and US Representative John Conyers pointed out today, "Unpopularity is not a crime, and publishing offensive information isn't either".
