14.12.10

Thoughts. Mostly About WikiLeaks.

I've been neglecting you, dear reader(s?). I apologize.

Now, I also apologize for the rest of this post if you dislike political commentary.  Don't click the "read more" link if you don't want to read my perspective on the WikiLeaks/Julian Assange scandal.


Regarding the whole Assange/WikiLeaks scandal. If he did what those two Swedish ladies say he did: Assange deserves jail time. Sex crimes are heinous. End of story. However, should he be charged with any crimes against the US? I don't think so. He has the right to create whatever he wants to create, including a vessel for treason. WikiLeaks is not, on its own, any more than storage space.

A simple explanation of what WikiLeaks does, and what the US is trying to do:

Say I'm a wealthy person who believes that people have the right to read whatever information they wish to read. I open a library where, instead of simply carrying certain books, this library starts with a collection of books and other documents that people may read without charge. Say my library also accepts any documents anyone brings to us.

I have a box that people can drop books and documents into day or night, without having to show their face or leave their name. On the box is a disclaimer that reads "Any person ('the Contributor') contributing any documents that knowingly and willingly break the law(s) of this nation or of the Contributor's nation take full legal responsibility. Furthermore, the Contributor agrees not to hold this library accountable for his/her actions, including but not limited to the public release of any documents placed in this box." This disclaimer is also a takeaway sheet that is automatically dispensed by the box before someone is allowed to put documents into it. The disclaimer, basically, covers me if someone drops some sort of banned document or other less-than-legal material in the box.

As a good librarian, I take the documents and books from the box, file them, and, once a week, put them on the shelves for people to access whenever they'd like. Now, before I put the items on the shelf, I send out my weekly newsletter about what new books and documents will be available next week.

Often, people drop secret documents from foreign countries into the box. I have secret documents from China and Germany on the shelves.

One person, whose name I do not know, from Australia comes by. He drops secret documents from the Australian government into the box. And, as a good librarian, I do what I would do with those documents: I file them in the "Foreign Governments" section, and send out my newsletter, with these documents listed as becoming available next week. Before I release the documents, not only do I tell the Australian government that I have them, but I give them the chance to redact names or other potentially fatal information.

Next week rolls around, and the documents are on the shelf, as promised. People may read them whenever they like and free of charge, as usual.

My library is in the USA, and I'm an American citizen. The Australian government does not have jurisdiction over me, as I am neither Australian nor in their country, even on a visit. In fact, I never plan to visit Australia or open up a library there, as I have no interest in either action. Australia is attempting to hold me accountable for the documents being contributed to my library. They had nothing to say when documents from China went onto the shelves, or when documents from Germany were announced.

Australia is now trying to convince the US government that they, in fact, have jurisdiction over me and that I am guilty of treason against the Australian government. The actions of the third party, as he agreed when dropping those Australian secret documents into the box, are not, legally, my responsibility. I can be asked to cooperate, or, if the American government steps in, I can be forced to aid in their investigation into who gave the documents to my library.

Basically, WikiLeaks is my library. I am Assange, and the other founder(s) of WikiLeaks, and Australia, for all intents and purposes in this example, is the USA.

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