The Wikileaks Question

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Re: The Wikileaks Question

Postby anothershamus » Sun Jan 09, 2011 4:28 pm

Plutonia wrote:
matrixdutch wrote:So the subpoenas really mean that they can get access to the users information who subscribed to Assange's twitter account?
I've been following the Wikileaks Twitter feed. I'll let you know what happens. If I get the chance. :shock:

WikiLeaks: WARNING all 637,000 @wikileaks followers are a target of US gov subpoena against Twitter, under section 2. B http://is.gd/koZIA



Yeah, I'm one of the 600,000+ followers too. I wonder if the TSA will give me extra special treatment next time I fly?
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Re: The Wikileaks Question

Postby Plutonia » Sun Jan 09, 2011 4:38 pm

anothershamus wrote:Yeah, I'm one of the 600,000+ followers too. I wonder if the TSA will give me extra special treatment next time I fly?


Image

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Re: The Wikileaks Question

Postby wintler2 » Mon Jan 10, 2011 11:15 pm

Swiss Banker Who Brought World's Attention To Wikileaks Goes On Trial This Week
Katya Wachtel | Jan. 10, 2011, 5:51 PM | 384 | comment 3

A Swiss banker called Rudolf Elmer, the man who caused an American judge to shut down Wikileaks temporarily a few years ago (yes, it's that old) faces trial this week.

This is apparently the first time that a WikiLeaks informant will go on trial, according to Businessweek.

Elmer, an ex-employee of Swiss-based Bank Julius Baer, sent CDs with confidential files that reportedly showed Julias Baer was helping its clients dodge taxes by establishing secret offshore accounts. Because the same information was posted on Wikileaks, he has been charged with coercion and violation of Switzerland's banking secrecy laws.

From Bloomberg Businessweek,
Elmer said he will admit certain counts of coercion, but insisted he didn't break Swiss banking secrecy laws because the files he distributed belonged to a Julius Baer subsidiary in the Cayman Islands, where he worked for the bank for eight years.

"This data wasn't subject to Swiss banking secrecy," he told The Associated Press in a telephone interview Monday.

The judge shut down the site after Julius Baer accused Elmer of taking part in "unlawful dissemination of stolen bank records and personal account information of its customer," but reopened the site a few weeks later because of the uproar from free speech groups. The bank also discreetly dropped the U.S lawsuit too.

The furor surrounding the case brought a lot of attention to Julian Assange's site.
But interestingly, when the New York Times covered the case intially, it didn't even mention the Wikileaks aspect.

In an interview with SwissInfo, Elmer talks about making contact with Wikileaks:

swissinfo.ch: How did you make contact with Wikileaks?
R.E.: We built up contact over encrypted software and I received instructions on how to proceed. My complaint to the European Court of Justice and my whistle-blower letter were both translated into English by Wikileaks lawyers and [editor-in-chief] Julian Assange.

swissinfo.ch: Did you meet Julian Assange?
R.E.: I don’t want to comment on that, since how Wikileaks works is meant to remain secret – also to protect them. Personal contact with Wikileaks staff took place.

swissinfo.ch: Do they check everything?
R.E.: I can only talk about the Julius Bär case. One thing that’s certain is that with Julius Bär, genuine and forged documents were published – the latter probably to spread disinformation since Julius Bär couldn’t shut down Wikileaks. Uploading fake data was the only way to question the credibility of the information on Wikileaks.

Unfortunately this also shows that Wikileaks didn’t check the data professionally. This is a general weakness of Wikileaks. That said, one should as a matter of principle question all information, including that found in the media.


So a WL informant assisting law enforcement by exposing tax-dodgers & money launderers is being charged, though the case against him appears weak due to Cayman Islands auspicing.

That'll please the US (via making leakers nervous) and the organised crime & tax dodging clients of Julias Baer Inc. (plain ol' revenge). Has the Swiss legal system has revealed itself as an enabler of organised crime, or just buckled to US-MIC pressure? Or both, cos those interests don't neccesarily conflict.

I bolded the bit at the end cos RE asserts JB put out deliberate disinfo via WL's, 'poisoning the well' so to speak. Would love to see evidence of this if anyones seen any, i can easily believe it is happening, think its worth verifying and spreading around.
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Re: The Wikileaks Question

Postby vanlose kid » Mon Jan 10, 2011 11:44 pm

wintler2 wrote:
Swiss Banker Who Brought World's Attention To Wikileaks Goes On Trial This Week
Katya Wachtel | Jan. 10, 2011, 5:51 PM | 384 | comment 3

A Swiss banker called Rudolf Elmer, the man who caused an American judge to shut down Wikileaks temporarily a few years ago (yes, it's that old) faces trial this week...


a tie in:

Finance can take advantage of insularity, timidity and moral shortsightedness, but the ethos of the Jersey establishment derives ultimately from the offshore industries and their onshore controllers, not from innate island character. Offshore repression can happen in larger jurisdictions, too. Rudolf Elmer, a Swiss banker who had worked for banks in several offshore centres before becoming a whistle-blower on some of the corruption he had seen, felt the pressure in Switzerland, a country of eight million people.

In 2004 Elmer noticed two men following him to work. Later, he saw them outside his daughter's kindergarten, then from his kitchen window. His wife was followed in her car. The men offered his daughter chocolates in the street and late at night drove a car at high speed into the cul-de-sac where he lived. The stalking continued, on and off, for more than two years. The police said there was nothing they could do. In 2005, they searched his house using a prosecutor's warrant, and he was imprisoned for 30 days, accused of violating Swiss bank secrecy, which is, as he put it, "an official violation, like murder".

"I was thinking of suicide at this stage," he said. "I would be looking out of the window at 2am. They intimidated my wife, children and neighbours. I was an outlaw. I was godfather to a child whose father is in finance. He said I have to stop – 'you are a threat to the family'." A relative was pressured at work to avoid contact with Elmer; after one warning he left the office in tears. "I was bloody naive to think that Swiss justice was different," Elmer said. "I can see how they might control a population of 80,000 people in the Isle of Man, but eight million? How can a minority in the banking world manipulate the opinion of an entire country? What is this? The mafia? This is how it works. Jersey, the Cayman Islands, Switzerland: this whole bloody system is corrupt."


from here: viewtopic.php?p=376554#p376554

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Re: The Wikileaks Question

Postby Joe Hillshoist » Tue Jan 11, 2011 12:03 am

wintler2 wrote:Would love to see evidence of this if anyones seen any, i can easily believe it is happening, think its worth verifying and spreading around.


hey winter, hows it going. Flooding everywhere round here, I dunno if you heard but there's about 10 dead and 70 missing after flash flooding ripped through Toowoomba and towns downstream.

I haven't heard anything specific.

I have heard that objection to wikileaks being raised a bit.

I think there may be a question wrt their checking of information, possibly. Really thats encumbant on us, as a matter of principle or simple common sense, as well as in the sense that ...

If we expect wikileaks to get all this info, sort it out and present it to us on a platter as a package, then presumably there's an ideology that goes along with that package.

I don't think thats their role, and I think they try to reject it, (cept maybe wrt the US) - if it was they wouldn't have helped publish the climategate stuff.

And on top of that, its pathetic, whats the difference between that and getting your worldview pumped into you brain via Foxnews?

But no, as of yet I haven't seen specific verifiable examples of disinfo on wikileaks.

Flawed info yes, as they published several iterations of the alleged ACMA list the first ones were allegedly inaccurate but the later ones weren't - each time they updated and made it clear.
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Re: The Wikileaks Question

Postby vanlose kid » Tue Jan 11, 2011 10:37 am

WikiLeaks: Julian Assange 'faces execution or Guantánamo detention'
Skeleton argument outlined by Australian's defence team claims he could face rendition to US if extradited to Sweden

Esther Addley
guardian.co.uk, Tuesday 11 January 2011 14.21 GMT

Julian Assange, the founder of Wikileaks, could be at "real risk" of the death penalty or detention in Guantánamo Bay if he is extradited to Sweden on accusations of rape and sexual assault, his lawyers claim.

In a skeleton summary of their defence against attempts by the Swedish director of public prosecution to extradite him, released today, Assange's legal team argue that there is a similar likelihood that the US would subsequently seek his extradition "and/or illegal rendition", "where there will be a real risk of him being detained at Guantánamo Bay or elsewhere".

"Indeed, if Mr Assange were rendered to the USA, without assurances that the death penalty would not be carried out, there is a real risk that he could be made subject to the death penalty. It is well known that prominent figures have implied, if not stated outright, that Mr Assange should be executed."

The 35-page skeleton argument was released by Mark Stephens, Assange's lawyer, following a brief review hearing this morning at Belmarsh magistrates court.

The Wikileaks founder, who is currently on conditional bail while his extradition case is being considered, appeared for no more than 15 minutes in the dock, while supporters including Jemima Khan and Bianca Jagger looked on and waved support from the public gallery.

He later emerged to give a brief statement to a large number of reporters, saying: "Our work with Wikileaks continues unabated. We are stepping up our publications for matters relating to Cablegate and other materials.

"These will shortly be available through our newspaper partners around the world — big and small newspapers and human rights organisations."

The skeleton argument outlines seven points on which Assange's lawyers will contest his extradtion, which was sought by the Swedish DPP, Marianne Ny, following accusations from two women that he had sexually assaulted them in separate incidents in August.

One accusation, that Assange had sex with one of the women while she was asleep, would amount to rape under Swedish law if proven. Both women had previously had consenting sex with Assange.

The other points of argument include:

• That the European arrest warrant (EAW) is not valid, because Ny is not the authorised issuing authority, and it has been sought for an improper purpose – ie "simply in order to question him and without having yet reached a decision on whether or not to prosecute him". This, they argue, would be in contravention of a well-established principle "that mere suspicion should not found a request for extradition".

• That there has been "abuse of process" as Assange has not had full disclosure of all documents relating to the case, in particular text messages sent by one of the women, in which she allegedly said she was "half asleep" (ie not fully asleep) at the time they had sex, and messages between the two women in which they allegedly spoke of "revenge".

• That the "conduct" of the Swedish prosecutor amounts to abuse of process. Assange's lawyers cite the fact that the rape allegations were initially dismissed and then reopened by a second prosecutor, that the prosecutor has refused Assange's offers of interview, that it has not made documents available to Assange in English. They also cite the leak of part of the prosecution case to the Guardian as "a breach of Mr Assange's fair trial and privacy rights".

• That the alleged offences would not be considered crimes in the UK, and therefore, they argue, an EAW between the two countries would not be valid.

• That the extradition attempt is politically motivated, and that his trial would be prejudiced because of his political opinions of because, they argue, of his gender.

Assange's team will make their case on 7 and 8 February, when Assange will return to court for the full extradition hearing. The case for his extradition is being argued by the Crown Prosecution Service on behalf of the Swedish prosecutor; the full prosecution case is not expected to be released before that date.

District Judge Nicholas Evans agreed at this morning's hearing to ease the terms of his bail conditions, which require Assange to wear an electronic tag and report daily to a police station close to the stately home on the Suffolk/Norfolk border where he is staying. For the nights of 6 and 7 February Assange will be permitted to stay in London.

http://www.guardian.co.uk/media/2011/ja ... -gantanamo

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Re: The Wikileaks Question

Postby vanlose kid » Tue Jan 11, 2011 10:48 am

From Evgeny Morozov's tweet:

...

julianassangemustdie.com domain has been removed http://goo.gl/xVC56 (via @trh_humunculus)
about 3 hours ago via web

arusbridger Live blog of Assange's latest court hearing #wikileaks http://bit.ly/hiPhGz
about 3 hours ago via TweetDeck
Retweeted by evgenymorozov and 30 others

Paul Carr nails it: US govt's reaction to WikiLeaks will make us rethink the appeal of the cloud, esp if it's US-based http://goo.gl/U8obF
about 13 hours ago via web

jwildeboer .@evgenymorozov http://www.killassange.com uses google adsense, analytics to track you and possibly generate revenue, check page source.
about 14 hours ago via identica
Retweeted by evgenymorozov and 11 others

@gebluemte_tapet that was cynically funny
about 14 hours ago via web in reply to gebluemte_tapet

gebluemte_tapet @MelissaTweets tried to create a map with haircrosses but could not find "Suffolk" on the US-Map
about 15 hours ago via Twitter for iPhone
Retweeted by evgenymorozov and 4 others

@GregMitch well, her site may not be loading b/c of 1) too many visits 2) Anonymous 3) she took it down 4) all of the above ;-)
about 14 hours ago via web in reply to GregMitch

Disregard that earlier tweet re Clouthier trying to take it down - little evidence for that
about 15 hours ago via web

@marketmentat actually, if you search GoDaddy, it still lists it as unavailable. so do Domain Tools...
about 15 hours ago via web in reply to marketmentat

Ha, did Clouthier just surrender ownership of assangemustdie.com? We've got screenshots ;-)
about 15 hours ago via web

@techsoc it's #2 where we need more evidence. It's possible that it does prevent/weaken other future acts but could be price worth paying.
about 15 hours ago via web in reply to techsoc

techsoc @evgenymorozov So: 1.The post resonates b/c it is heartfelt 2. It doesn't prevent any other political act 3. It connects ppl in/out of Gaza.
about 15 hours ago via TweetDeck in reply to evgenymorozov
Retweeted by evgenymorozov and 1 other

Jezabeldiablo Seattle: Go to Seatac. Flight: Icelandair 681. Gate: S15. Arrival time unclear: either 5:45P or 4:40PM . Support @ioerror #wikileaks
about 15 hours ago via web
Retweeted by evgenymorozov and 6 others

jwildeboer @evgenymorozov I have documented my mail to abusegodaddy.com here http://ur1.ca/2sya6 #wl #assange
about 15 hours ago via identica
Retweeted by evgenymorozov and 7 others

@techsoc sure, they are not meaningless. Q is what happens afterwards. LRB piece had no evidence it hurt old-school but it seems plausible
about 15 hours ago via web in reply to techsoc

The woman allegedly behind julianassangemustdie.com is on Twitter - @melissatweets
about 15 hours ago via web

In case you doubt Clouthier's Assange site - see http://whois.domaintools.com/julianassangemustdie.com
about 15 hours ago via web

@techsoc that current policies suck shouldn't distract us from finding a proper framework for making them. otherwise - it's Assange's world
about 15 hours ago via web in reply to techsoc

@techsoc you disregard plenty of foundations and some European govts. but that's besides the point
about 15 hours ago via web in reply to techsoc

@techsoc I meant policymakers who think how to support democracy. Their resource-constraints: $, attention, etc.
about 16 hours ago via web in reply to techsoc

Wow! julianassangemustdie.com is registered to melissaclouthier.com. Clouthier is a blogger for RightWingNews and StopTheACLU
about 16 hours ago via web

@techsoc didn't get that last tweet - who "they"?
about 16 hours ago via web in reply to techsoc

@techsoc unfortunately, when it comes to policy-setting, it's often either/or because of resource constraints
about 16 hours ago via web in reply to techsoc

@trh_humunculus where did you get the info on that Melissa Clouthier woman?
about 16 hours ago via web in reply to trh_humunculus

...

@weddady probably not. should I?
about 16 hours ago via web in reply to weddady

Brace yourself: someone has already registered julianassangesextape.com
about 16 hours ago via web

GoDaddy's own ToS prohibits hate speech http://goo.gl/GEwWs (via @publictorsten)
about 16 hours ago via web

In any case, why is GoDaddy making money off killassange.com and killjulianassange.com?
about 16 hours ago via web

@felixsalmon @mathewi just before it gets out of hand: we don't actually know it's FBI - anyone can set up a redirect...
about 17 hours ago via web in reply to felixsalmon

on second thoughts, it doesn't have to be FBI... just someone who really hates WikILeaks...
about 17 hours ago via web

@Asher_Wolf FBI must have purchased stopwikileaks.com on Jul 31 via GoDaddy...
about 17 hours ago via web in reply to Asher_Wolf

Seriously, FBI has purchased http://stopwikileaks.com to redirect it to https://tips.fbi.gov? That's gross
about 17 hours ago via web

Asher_Wolf @evgenymorozov also http://stopwikileaks.com redirects to https://tips.fbi.gov/ #wikileaks
about 17 hours ago via Twitter for iPhone
Retweeted by evgenymorozov and 4 others

killjulianassange.com registered Nov 30, 2010. Has anyone found similar URLs?
about 17 hours ago via web

killassange.com was registered on Dec 21, 2010. Perhaps, something for DoJ to investigate instead of going after Twitter?
about 17 hours ago via web

http://twitter.com/evgenymorozov

http://www.killassange.com

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Re: The Wikileaks Question

Postby JackRiddler » Tue Jan 11, 2011 1:53 pm

.

Little Miss Murder's site is down as of 1pm EST Tuesday and I don't think that's a coincidence.

http://melissaclouthier.com/

.

She's the one on the left:
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Re: The Wikileaks Question

Postby wintler2 » Tue Jan 11, 2011 7:41 pm

Rudolf Elmer: "..How can a minority in the banking world manipulate the opinion of an entire country? What is this? The mafia? This is how it works. Jersey, the Cayman Islands, Switzerland: this whole bloody system is corrupt."


Thanks Vanlose Kid, thats a keeper. Elmer doesn't seem to have been cowed by adversity, and i reckon we do him a favour by keeping his name in circulation.


OT:
Joe Hillshoist wrote:..hey winter, hows it going. Flooding everywhere round here, I dunno if you heard but there's about 10 dead and 70 missing after flash flooding ripped through Toowoomba and towns downstream.

I have heard, i hope you and yours are high and dry and playing it safe - no rafting, right bro? Same goes for BenD, who is IIRC from Brisbane, hopefully he'll get a day off work at worst. Then maybe we can collaborate on a flooding/climatechange thread :lol:
A bottom edge of same weather system may bring 150mm to northern Tas today, and there was a lady rescued from flash flooding in Natimuk (n.w vic) this morning. Not in same league as Qlds probs of course, but gives me shivers thinking of the scale of the thing. And that idiot Abbott still thinks dams are the solution, when Wivenhoe dam outside Bris. is at 190% of 'optimal capacity'; if he were any dumber he'd get a pension.
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Re: The Wikileaks Question

Postby Joe Hillshoist » Tue Jan 11, 2011 10:00 pm

Man I've heard there's flash flooding round your way now, take care bro.

I have heard, i hope you and yours are high and dry and playing it safe - no rafting, right bro?


I've kind of grown out of that. I used to kayak on the Maribyrnong in melb when I was about 14 or 15 when it was in flood. There might even be footage of me from those days on a tv news archive somewhere.

I might start a thread on the floods.
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Re: The Wikileaks Question

Postby nathan28 » Wed Jan 12, 2011 3:29 pm

Glad to see the gov't is busy with a PR campaign to buy up negative domain names now. Next up: "Obama initiative to use preemptive drone strikes against critics of Obama administration only targets invidividuals, not their families or neighbors, FoxNews learns. Is America really safe from terror?" etc.


Anyway, here's the State Dep't in its finest, and I think it reflects quite adequately how fucking retarded (a scientific measurement) this is. Posting f/t for preservation and significance; many links and images in original.

http://nsarchive.wordpress.com/2011/01/07/document-friday-the-department-of-state-was-hiding-this/

Document Friday: The Department of State was Hiding…. THIS?!?!
JANUARY 7, 2011
tags: b(5), holder, redaction, state deparment
by Nate Jones
One of the happiest moments a FOIA requester has is when he (or she) wins a FOIA appeal and gets to see what exactly the government was trying to hide.

Here, have a try. It’s fun.


Original FOIA Release from Department of State (Redacted).

And below is the document we received two years later, after Barbara Elias –the indefatigable director of the National Security Archive’s Afghanistan/Pakistan/Taliban Documentation Project– crafted and won an appeal to the Department of State’s Appeals Review Panel.


Release after Winning Appeal to Department of State (Unredacted).

Yes, you read that right. The Department of State really withheld the phrase, “What a bunch of crap!!”



Having won this game of documentary hide and seek, I had a hearty chuckle, finding it quite funny that 1) a person employed by the Department of State (I don’t know who– are there any graphologists out there?) would write “bunch of crap!!” on a copy of a House resolution, and 2) that the Department of State had tried so hard to prevent the public from knowing it had ever happened.

Then I realized that maybe the situation wasn’t so funny. For two reasons: the first related to historic US policy, the second related to current US policy.

Let’s start with the history. As you can see, “What a bunch of crap!!” was scrawled on a copy of House Resolution 406 that “express[ed] the sense of the House of Representatives that Pakistan should be designated as a state sponsor of terrorism.” The resolution –submitted by a Democrat and a Republican to a Republican-controlled House– was eventually referred to a subcommittee where it died, perhaps for political reasons.

A reading of the resolution shows that many of the representatives’ concerns were farsighted. It indicted the government of Pakistan for harboring various terrorist groups (including Lashkar-e-Toiba), for being one of only three countries which recognized the Afghan Taliban, and for hindering US and international efforts to apprehend Osama Bin Laden.

One year and ten months before the 11 September attacks, the resolution’s plea that “those countries that harbor terrorist organizations or provide them with technical, financial, political or other support should…be held accountable” was prescient, indeed. With the benefit of hindsight, we know that concerns about Pakistan and terrorism was were not “a bunch of crap.” Ask Richard Clarke.

My second concern is with with current US Freedom of information policy. In short: Why was so much time, effort, and money spent to redact this harmless bit of chicken scratch? Merely to prevent government embarrassment?

Ostensibly, the note was redacted under the b(5) exemption for “interagency or intra-agency communications forming part of the deliberative process, attorney-client privilege, or attorney work product.” This justification is murky at best.

It’s even murkier when one examines the second page of the document and sees that other –less profane– marginal notes (also ostensibly “deliberative processes”) were not redacted. It appears to me that State’s redaction was to prevent embarrassment rather than prevent harm to the interagency process or national security.

Furthermore, Attorney General Holder even instructed declassifiers that they “should not withhold information simply because [they] may do so legally.” He also “strongly encourage[d]“ the “discretionary disclosures of information.” Perhaps State didn’t get the memo?

Of course, to State’s credit, the Appeals Panel did get the decision right the second time around; the Panel frequently releases addition information on appeal. (And this “FOIA foible” aside, the Department of State is actually one of the better declassifying agencies.)

But my concerns remain. What if Barbara Elias had not been so dogged as to stick with this request for years until it was finally fully released? What if the Department of State Appeals Panel had been as subjective as the original reviewer? Which other government secrets remain incorrectly hidden under black ink? Are we really safer in the dark?


With things like this being deemed "secret", the State Dep't doesn't really have a leg to stand on.
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Re: The Wikileaks Question

Postby justdrew » Thu Jan 13, 2011 5:40 pm

It would be incredible if the court doesn't throw this bullshit out. How in the fuck is it remotely possible to bring such a completely bat-shit insane case. Let's get a few thousand people to sue people we don't like, and watch the courts pretend they have any jurisdiction over foreign entities. This is one of the key features, US courts should not have any jurisdiction over foreign entities. We can just have endless complete bullshit from allowing such cases to proceed.

Wikileaks' Assange charged in US with 'treason'
And loads of other stuff too
12 January, 2011

WikiLeaks founder Julian Assange has been accused of "treason" by a Florida man seeking damages for distress caused by the site's revelations about the US Government.

David Pitchford, a Florida trailer park resident, names Assange and WikiLeaks as defendants in a personal injury suit filed with the Florida Southern District Court in Miami.

In the complaint filed on 6th January, Pitchford alleges that Assange's negligence has caused "hypertension", "depression" and "living in fear of being stricken by another heart attack and/or stroke" as a result of living "in fear of being on the brink of another nucliar [sic] WAR".

Just for good measure, it also alleges that Assange and WikiLeaks are guilty of "terorism [sic], espionage and treason".

The court filing stipulates Pitchford's demand for $1.5 million in damages.

Enterprising US blogger Superkuh, who claims to have spoken to Pitchford over the phone, says the Florida man boasted that he once sued Osama Bin Laden - and, had he been around at the time the Pentagon Papers were leaked in 1971, would have sued the culprit, Daniel Ellsberg, too.

Ex-CIA officer Ellsberg was among a number of former US intelligence staff who threw their weight behind WikiLeaks in an open letter released in December.

On the face of it, we don't think Assange has much to fear from Mr Pitchford - Sweden's extradition treaty with the United States doesn't allow for him to be handed over for a civil suit.

Then again, the powers that be in the US haven't always relied on legitimate means to get their man. Assange's UK lawyers yesterday warned that their client might face illegal rendition to the US - and possibly execution - if extradited to Sweden.
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Re: The Wikileaks Question

Postby Joe Hillshoist » Fri Jan 14, 2011 8:22 pm

"David Pitchford, a Florida trailer park resident, names Assange and WikiLeaks as defendants in a personal injury suit filed with the Florida Southern District Court in Miami."

All we need to do is change that d to a k.
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Re: The Wikileaks Question

Postby nathan28 » Sat Jan 15, 2011 11:47 am

justdrew wrote:It would be incredible if the court doesn't throw this bullshit out. How in the fuck is it remotely possible to bring such a completely bat-shit insane case. Let's get a few thousand people to sue people we don't like, and watch the courts pretend they have any jurisdiction over foreign entities. This is one of the key features, US courts should not have any jurisdiction over foreign entities. We can just have endless complete bullshit from allowing such cases to proceed.

Wikileaks' Assange charged in US with 'treason'
And loads of other stuff too
12 January, 2011

WikiLeaks founder Julian Assange has been accused of "treason" by a Florida man seeking damages for distress caused by the site's revelations about the US Government.



It's vexatious and groundless litigation. There's a copy of another complaint filed against Assange, by someone in prison, accusing Assange of pretty much everything from the Chicago fire to 9/11 to character defamation.
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Re: The Wikileaks Question

Postby vanlose kid » Mon Jan 17, 2011 9:29 am

Good Manners in the Age of WikiLeaks
Slavoj Žižek

In one of the diplomatic cables released by WikiLeaks Putin and Medvedev are compared to Batman and Robin. It’s a useful analogy: isn’t Julian Assange, WikiLeaks’s organiser, a real-life counterpart to the Joker in Christopher Nolan’s The Dark Knight? In the film, the district attorney, Harvey Dent, an obsessive vigilante who is corrupted and himself commits murders, is killed by Batman. Batman and his friend police commissioner Gordon realise that the city’s morale would suffer if Dent’s murders were made public, so plot to preserve his image by holding Batman responsible for the killings. The film’s take-home message is that lying is necessary to sustain public morale: only a lie can redeem us. No wonder the only figure of truth in the film is the Joker, its supreme villain. He makes it clear that his attacks on Gotham City will stop when Batman takes off his mask and reveals his true identity; to prevent this disclosure and protect Batman, Dent tells the press that he is Batman – another lie. In order to entrap the Joker, Gordon fakes his own death – yet another lie.

The Joker wants to disclose the truth beneath the mask, convinced that this will destroy the social order. What shall we call him? A terrorist? The Dark Knight is effectively a new version of those classic westerns Fort Apache and The Man Who Shot Liberty Valance, which show that, in order to civilise the Wild West, the lie has to be elevated into truth: civilisation, in other words, must be grounded on a lie. The film has been extraordinarily popular. The question is why, at this precise moment, is there this renewed need for a lie to maintain the social system?

Consider too the renewed popularity of Leo Strauss: the aspect of his political thought that is so relevant today is his elitist notion of democracy, the idea of the ‘necessary lie’. Elites should rule, aware of the actual state of things (the materialist logic of power), and feed the people fables to keep them happy in their blessed ignorance. For Strauss, Socrates was guilty as charged: philosophy is a threat to society. Questioning the gods and the ethos of the city undermines the citizens’ loyalty, and thus the basis of normal social life. Yet philosophy is also the highest, the worthiest, of human endeavours. The solution proposed was that philosophers keep their teachings secret, as in fact they did, passing them on by writing ‘between the lines’. The true, hidden message contained in the ‘great tradition’ of philosophy from Plato to Hobbes and Locke is that there are no gods, that morality is merely prejudice, and that society is not grounded in nature.

So far, the WikiLeaks story has been represented as a struggle between WikiLeaks and the US empire: is the publishing of confidential US state documents an act in support of the freedom of information, of the people’s right to know, or is it a terrorist act that poses a threat to stable international relations? But what if this isn’t the real issue? What if the crucial ideological and political battle is going on within WikiLeaks itself: between the radical act of publishing secret state documents and the way this act has been reinscribed into the hegemonic ideologico-political field by, among others, WikiLeaks itself?

This reinscription does not primarily concern ‘corporate collusion’, i.e. the deal WikiLeaks made with five big newspapers, giving them the exclusive right selectively to publish the documents. Much more important is the conspiratorial mode of WikiLeaks: a ‘good’ secret group attacking a ‘bad’ one in the form of the US State Department. According to this way of seeing things, the enemy is those US diplomats who conceal the truth, manipulate the public and humiliate their allies in the ruthless pursuit of their own interests. ‘Power’ is held by the bad guys at the top, and is not conceived as something that permeates the entire social body, determining how we work, think and consume. WikiLeaks itself got the taste of this dispersion of power when Mastercard, Visa, PayPal and Bank of America joined forces with the state to sabotage it. The price one pays for engaging in the conspiratorial mode is to be treated according to its logic. (No wonder theories abound about who is ‘really’ behind WikiLeaks – the CIA?)

The conspiratorial mode is supplemented by its apparent opposite, the liberal appropriation of WikiLeaks as another chapter in the glorious history of the struggle for the ‘free flow of information’ and the ‘citizens’ right to know’. This view reduces WikiLeaks to a radical case of ‘investigative journalism’. Here, we are only a small step away from the ideology of such Hollywood blockbusters as All the President’s Men and The Pelican Brief, in which a couple of ordinary guys discover a scandal which reaches up to the president, forcing him to step down. Corruption is shown to reach the very top, yet the ideology of such works resides in their upbeat final message: what a great country ours must be, when a couple of ordinary guys like you and me can bring down the president, the mightiest man on Earth!

The ultimate show of power on the part of the ruling ideology is to allow what appears to be powerful criticism. There is no lack of anti-capitalism today. We are overloaded with critiques of the horrors of capitalism: books, in-depth investigative journalism and TV documentaries expose the companies that are ruthlessly polluting our environment, the corrupt bankers who continue to receive fat bonuses while their banks are rescued by public money, the sweatshops in which children work as slaves etc. However, there is a catch: what isn’t questioned in these critiques is the democratic-liberal framing of the fight against these excesses. The (explicit or implied) goal is to democratise capitalism, to extend democratic control to the economy by means of media pressure, parliamentary inquiries, harsher laws, honest police investigations and so on. But the institutional set-up of the (bourgeois) democratic state is never questioned. This remains sacrosanct even to the most radical forms of ‘ethical anti-capitalism’ (the Porto Allegre forum, the Seattle movement etc).

WikiLeaks cannot be seen in the same way. There has been, from the outset, something about its activities that goes way beyond liberal conceptions of the free flow of information. We shouldn’t look for this excess at the level of content. The only surprising thing about the WikiLeaks revelations is that they contain no surprises. Didn’t we learn exactly what we expected to learn? The real disturbance was at the level of appearances: we can no longer pretend we don’t know what everyone knows we know. This is the paradox of public space: even if everyone knows an unpleasant fact, saying it in public changes everything. One of the first measures taken by the new Bolshevik government in 1918 was to make public the entire corpus of tsarist secret diplomacy, all the secret agreements, the secret clauses of public agreements etc. There too the target was the entire functioning of the state apparatuses of power.

What WikiLeaks threatens is the formal functioning of power. The true targets here weren’t the dirty details and the individuals responsible for them; not those in power, in other words, so much as power itself, its structure. We shouldn’t forget that power comprises not only institutions and their rules, but also legitimate (‘normal’) ways of challenging it (an independent press, NGOs etc) – as the Indian academic Saroj Giri put it, WikiLeaks ‘challenged power by challenging the normal channels of challenging power and revealing the truth’.[*] The aim of the WikiLeaks revelations was not just to embarrass those in power but to lead us to mobilise ourselves to bring about a different functioning of power that might reach beyond the limits of representative democracy.

However, it is a mistake to assume that revealing the entirety of what has been secret will liberate us. The premise is wrong. Truth liberates, yes, but not this truth. Of course one cannot trust the façade, the official documents, but neither do we find truth in the gossip shared behind that façade. Appearance, the public face, is never a simple hypocrisy. E.L. Doctorow once remarked that appearances are all we have, so we should treat them with great care. We are often told that privacy is disappearing, that the most intimate secrets are open to public probing. But the reality is the opposite: what is effectively disappearing is public space, with its attendant dignity. Cases abound in our daily lives in which not telling all is the proper thing to do. In Baisers volés, Delphine Seyrig explains to her young lover the difference between politeness and tact: ‘Imagine you inadvertently enter a bathroom where a woman is standing naked under the shower. Politeness requires that you quickly close the door and say, “Pardon, Madame!”, whereas tact would be to quickly close the door and say: “Pardon, Monsieur!”’ It is only in the second case, by pretending not to have seen enough even to make out the sex of the person under the shower, that one displays true tact.

A supreme case of tact in politics is the secret meeting between Alvaro Cunhal, the leader of the Portuguese Communist Party, and Ernesto Melo Antunes, a pro-democracy member of the army grouping responsible for the coup that overthrew the Salazar regime in 1974. The situation was extremely tense: on one side, the Communist Party was ready to start the real socialist revolution, taking over factories and land (arms had already been distributed to the people); on the other, conservatives and liberals were ready to stop the revolution by any means, including the intervention of the army. Antunes and Cunhal made a deal without stating it: there was no agreement between them – on the face of things, they did nothing but disagree – but they left the meeting with an understanding that the Communists would not start a revolution, thereby allowing a ‘normal’ democratic state to come about, and that the anti-socialist military would not outlaw the Communist Party, but accept it as a key element in the democratic process. One could claim that this discreet meeting saved Portugal from civil war. And the participants maintained their discretion even in retrospect. When asked about the meeting (by a journalist friend of mine), Cunhal said that he would confirm it took place only if Antunes didn’t deny it – if Antunes did deny it, then it never took place. Antunes for his part listened silently as my friend told him what Cunhal had said. Thus, by not denying it, he met Cunhal’s condition and implicitly confirmed it. This is how gentlemen of the left act in politics.

So far as one can reconstruct the events today, it appears that the happy outcome of the Cuban Missile Crisis, too, was managed through tact, the polite rituals of pretended ignorance. Kennedy’s stroke of genius was to pretend that a letter had not arrived, a stratagem that worked only because the sender (Khrushchev) went along with it. On 26 October 1962, Khrushchev sent a letter to Kennedy confirming an offer previously made through intermediaries: the Soviet Union would remove its missiles from Cuba if the US issued a pledge not to invade the island. The next day, however, before the US had answered, another, harsher letter arrived from Khrushchev, adding more conditions. At 8.05 p.m. that day, Kennedy’s response to Khrushchev was delivered. He accepted Khrushchev’s 26 October proposal, acting as if the 27 October letter didn’t exist. On 28 October, Kennedy received a third letter from Khrushchev agreeing to the deal. In such moments, when everything is at stake, appearances, politeness, the awareness that one is ‘playing a game’, matter more than ever.

However, this is only one – misleading – side of the story. There are moments – moments of crisis for the hegemonic discourse – when one should take the risk of provoking the disintegration of appearances. Such a moment was described by the young Marx in 1843. In ‘Contribution to the Critique of Hegel’s Philosophy of Law’, he diagnosed the decay of the German ancien regime in the 1830s and 1840s as a farcical​ repetition of the tragic fall of the French ancien regime. The French regime was tragic ‘as long as it believed and had to believe in its own justification’. The German regime ‘only imagines that it believes in itself and demands that the world imagine the same thing. If it believed in its own essence, would it … seek refuge in hypocrisy and sophism? The modern ancien regime is rather only the comedian of a world order whose true heroes are dead.’ In such a situation, shame is a weapon: ‘The actual pressure must be made more pressing by adding to it consciousness of pressure, the shame must be made more shameful by publicising it.’


This is precisely our situation today: we face the shameless cynicism of a global order whose agents only imagine that they believe in their ideas of democracy, human rights and so on. Through actions like the WikiLeaks disclosures, the shame – our shame for tolerating such power over us – is made more shameful by being publicised. When the US intervenes in Iraq to bring secular democracy, and the result is the strengthening of religious fundamentalism and a much stronger Iran, this is not the tragic mistake of a sincere agent, but the case of a cynical trickster being beaten at his own game.


http://www.lrb.co.uk/v33/n02/slavoj-ziz ... -wikileaks

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