2013年07月31日

マニング裁判結審、利敵行為に関しては無罪。しかし‥‥最長136年の収監

夕べのチャンネル4ニュースではトップで報じられていた。陪審員のいない完全にクローズドの軍事法廷でさえ、かれがかけられた最大の罪状、「利敵行為」を認めることはできなかった。とりあえずガーディアンの記事を貼付けときます。あとで訳すかもしれないしできないかもしれない。コメント欄がすごいことになっている(現時点で1300人以上の書き込み)。

Bradley Manning verdict: cleared of 'aiding the enemy' but guilty of other charges

• Pfc. Manning convicted of multiple Espionage Act violations
• Acquitted of most serious 'aiding the enemy' charge
• Army private faces maximum jail sentence of 136 years

Ed Pilkington at Fort Meade
The Guardian, Wednesday 31 July 2013

http://www.theguardian.com/world/2013/jul/30/bradley-manning-wikileaks-judge-verdict

Link to video: Bradley Manning cleared of aiding enemy but convicted of espionage charges

Bradley Manning, the source of the massive WikiLeaks trove of secret disclosures, faces a possible maximum sentence of 136 years in military jail after he was convicted on Tuesday of most charges on which he stood trial.

Colonel Denise Lind, the military judge presiding over the court martial of the US soldier, delivered her verdict in curt and pointed language. "Guilty, guilty, guilty, guilty," she repeated over and over, as the reality of a prolonged prison sentence for Manning – on top of the three years he has already spent in detention – dawned.

The one ray of light in an otherwise bleak outcome for Manning was that he was found not guilty of the single most serious charge against him – that he knowingly "aided the enemy", in practice al-Qaida, by disclosing information to the WikiLeaks website that in turn made it accessible to all users including enemy groups.

Lind's decision to avoid setting a precedent by applying the swingeing "aiding the enemy" charge to an official leaker will invoke a sigh of relief from news organisations and civil liberties groups who had feared a guilty verdict would send a chill across public interest journalism.

The judge also found Manning not guilty of having leaked an encrypted copy of a video of a US air strike in the Farah province of Aghanistan in which many civilians died. Manning's defence team had argued vociferously that he was not the source of this video, though the soldier did admit to the later disclosure of an unencrypted version of the video and related documents.

Lind also accepted Manning's version of several of the key dates in the WikiLeaks disclosures, and took some of the edge from other less serious charges. But the overriding toughness of the verdict remains: the soldier was found guilty in their entirety of 17 out of the 22 counts against him, and of an amended version of four others.

The guilty verdicts included seven out of the eight counts brought under the Espionage Act. On these counts, Manning was accused of leaking the Afghan and Iraq war logs, embassy cables and Guantánamo files "with reason to believe such information could be used to the injury of the US or the advantage of any foreign nation". The 1917 act has previously been reserved largely for those who engage in spying as opposed to leaking; the seven convictions under the act are likely to be seen as a major stepping up of the US government's harsh crackdown on whistleblowing.

Manning was also found guilty of "wrongfully and wantonly" causing to be published on the internet intelligence belonging to the US, "having knowledge that intelligence published on the internet is accesible to the enemy". That guilty ruling could still have widest ramifications for news organisations working on investigations relating to US national security.

The verdict was condemned by human rights campaigners. Amnesty International's senior director of international law and policy, Widney Brown, said: "The government's priorities are upside down. The US government has refused to investigate credible allegations of torture and other crimes under international law despite overwhelming evidence.

"Yet they decided to prosecute Manning who it seems was trying to do the right thing – reveal credible evidence of unlawful behaviour by the government. You investigate and prosecute those who destroy the credibility of the government by engaging in acts such as torture which are prohibited under the US Constitution and in international law."

Ben Wizner, of the American Civil LIberties Union, said: "While we're relieved that Mr Manning was acquitted of the most dangerous charge, the ACLU has long held the view that leaks to the press in the public interest should not be prosecuted under the Espionage Act.

"Since he already pleaded guilty to charges of leaking information – which carry significant punishment – it seems clear that the government was seeking to intimidate anyone who might consider revealing valuable information in the future."

Julian Assange, the founder of Wikileaks, said in a statement from the Ecuadorian embassy in London, where he is sheltering from extradition to Sweden on suspicion of sex crimes, that the verdict set a "dangerous precedent" and was an "example of national security extremism".

In a statement to the Guardian, Manning's family expressed "deep thanks" to his civilian lawyer, David Coombs, who has worked on the case for three years. They added: "While we are obviously disappointed in today's verdicts, we are happy that Judge Lind agreed with us that Brad never intended to help America's enemies in any way. Brad loves his country and was proud to wear its uniform."

Once the counts are added up, the prospects for the Manning are bleak. Barring reduction of sentence for mitigation, which becomes the subject of another mini-trial dedicated to sentencing that starts tomorrow, Manning will face a substantial chunk of his adult life in military custody.

He has already spent 1,157 days in detention since his arrest in May 2010 – most recently in Fort Leavenworth in Kansas – which will be deducted from his eventual sentence.

A further 112 days will be taken off the sentence as part of a pre-trial ruling in which Lind compensated him for the excessively harsh treatment he endured at the Quantico marine base in Virginia between July 2010 and April 2011. He was kept on suicide watch for long stretches despite expert opinion from military psychiatrists who deemed him to be at low risk of self-harm, and at one point was forced to strip naked at night in conditions that the UN denounced as a form of torture.

Lind has indicated that she will go straight into the sentencing phase of the trial, in which both defence and prosecution lawyers will call new witnesses. This is being seen as the critical stage of the trial for Manning's defence: the soldier admitted months ago to being the source of the WikiLeaks disclosures, and much of the defence strategy has been focused on attempting to reduce his sentence through mitigation.

With that in mind, the soldier's main counsel, David Coombs, is likely to present evidence during the sentencing phase that Manning was in a fragile emotional state at the time he began leaking and was struggling with issues over his sexuality. In pre-trial hearings, the defence has argued that despite his at times erratic behaviour, the accused was offered very little support or counselling from his superiors at Forward Operating Base Hammer outside Baghdad.

The outcome will now be pored over by government agencies, lawyers, journalists and civil liberties groups for its implications for whistleblowing, investigative reporting and the guarding of state secrets in the digital age. By passing to WikiLeaks more than 700,000 documents, Manning became the first mass digital leaker in history, opening a whole new chapter in the age-old tug-of-war between government secrecy and the public's right to information in a democracy.

Among those who will also be closely analysing the verdict are Edward Snowden, the former NSA contractor who has disclosed the existence of secret government dragnets of the phone records of millions of Americans, who has indicated that the treatment of Manning was one reason for his decision to seek asylum in another country rather than face similar aggressive prosecution in America. The British government will also be dissecting the courtroom results after the Guardian disclosed that Manning is a joint British American citizen.

Another party that will be intimately engaged with the verdict is WikiLeaks, and its founder, Julian Assange. They have been the subject of a secret grand jury investigation in Virginia that has been looking into whether to prosecute them for their role in the Manning disclosures.

WikiLeaks and Assange were mentioned repeatedly during the trial by the US government which tried to prove that the anti-secrecy organisation had directly steered Manning in his leaking activities, an allegation strongly denied by the accused. Prosecutors drew heavily on still classified web conversations between Manning and an individual going by the name of "Press Association", whom the government alleges was Assange.

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2011年06月16日

<アサンジと午餐>がe-bayに登場。<ジジェクと午餐>の企画も同時に進行中

アサンジがファンドレイジングのために午餐の企画をオークションにかけている。定員8名。7月2日にはスロベニア人のマルクス主義哲学者ジジェクも午餐を企画しており、この午餐のあとジジェクとアサンジの対談のイベントがあるようだ。濃いなあ。会場のTroxyはグレード2指定(歴史的建造物として外観保全指定された建物)のアールデコビルだそうで、機会があったら行ってみたい。
http://www.londoneastside.co.uk/venue/204/Troxy.html



WikiLeaks auctions lunch with Julian Assange
Bidding for eight seats under way on eBay as whistleblowers seek funds in UK

Haroon Siddique
guardian.co.uk, Wednesday 15 June 2011 18.46 BST
http://www.guardian.co.uk/media/2011/jun/15/wikileaks-auctions-lunch-julian-assange

For those who like their meals to come with a side of indiscreet chatter, WikiLeaks may have an appetising opportunity.

The not-for-profit organisation is offering eight people the chance to dine with founder Julian Assange to raise funds for its work. While Assange is said to often go long periods without eating, he is unlikely to be short of conversation given that he has become one of the most recognisable media figures over the past year and is rarely shy of offering an opinion.

The places are up for auction on eBay's UK site and bidding for one place had reached £620 on Wednesday. It says 100% of the final sale price will support WikiLeaks.

Slovenian Marxist philosopher Slavoj Zizek will also be at the three-hour lunch at "one of London's finest restaurants" on 2 July. The pair will be giving a talk at the Troxy, east London, later the same day, "discussing the impact of WikiLeaks on the world and what it means for the future".

WikiLeaks is dependent on public donations. It suffered a blow when companies including Mastercard, Visa and PayPal stopped processing payments citing illegality after the site leaked US state department cables. But a board member of Germany's Wau Holland Foundation, one of the whistle-blowing platform's main funding channels, said in December last year that despite the blocking of payment channels, funding was booming and that in two-and-a-half months it had collected more than €900,000 (£790,000) on behalf of WikiLeaks.

Assange is on bail in Britain as he fights extradition to Sweden on allegations of sexual misconduct against two women. He denies the allegations and claims they are politically motivated. A separate fund is paying for his defence.

US authorities are investigating whether WikiLeaks broke the law by releasing thousands of secret government documents.

Earlier this month, Assange was awarded the 2011 Martha Gellhorn prize for journalism. The annual prize is awarded to a journalist "whose work has penetrated the established version of events and told an unpalatable truth that exposes establishment propaganda".

Zizek, international director of Birbeck Institute for the Humanities, described Assange as "a real-life counterpart to the Joker in Christopher Nolan's The Dark Knight" in an essay for the London Review of Books, adding that the Joker was "the only figure of truth in the film".
ラベル:J Assange
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2011年05月07日

WSJ紙設立のWL型告発サイト「セーフハウス」は信用に足りず

ウィキリークスに対抗してウォールストリート・ジャーナル紙が設立した内部告発サイト「セーフハウス」が、公開後わずか1日で、利用者に匿名性を保証できない失敗サイトの烙印を捺されたようです。

Wall Street Journal faces backlash over WikiLeaks rival
SafeHouse criticised as a 'total anonymity failure'
by web security and privacy experts


Josh Halliday

guardian.co.uk, Friday 6 May 2011 14.21 BST
http://www.guardian.co.uk/media/2011/may/06/wall-street-journal-wikileaks-safehouse


The Wall Street Journal is facing a backlash from web security and privacy experts over its WikiLeaks-inspired whistleblowers' site, SafeHouse.

SafeHouse, which launched on Thursday to allow anyone to upload documents to the Journal, has been described by one encryption analyst as a "total anonymity failure" that could compromise the security of whistleblowers.

Other researchers have told the Guardian that SafeHouse needs "basic improvements" and that – in its current state – should not have been launched.

"These are technical issues that only technical experts will notice," said Rik Ferguson, a security analyst at Trend Micro. "But given the kind of data that the Journal will hope to get from this, if I [was a whistleblower] there would absolutely be enough for me not to choose that site to upload to.

"There are certainly some relatively basic improvements that could and should have been made before the site went live."

Jacob Appelbaum, a security researcher and senior developer on the Tor online anonymity network, was also critical of SafeHouse: "They're negligent and this is the wrong project to beta-test on an open internet," he said.

Within hours of SafeHouse being launched, security experts pointed out that the site has an insecure way of redirecting whistleblowers who visit the unencrypted version of the site. "This leaves any potential whistleblower open to the chance of getting their traffic – and any documents they're uploading – intercepted by someone on the same network," said Ferguson.

SafeHouse's terms and conditions includes a disclaimer that it "cannot ensure complete anonymity" of whistleblowers who opt to use the most secure form of uploading to the site – and recommends using "cloaking" tools such as Tor, which hide the online identities of web users.

However, uploading from Tor did not work on Thursday or Friday when tested by security researchers. "This is quite worrying and makes you think that it's quite risky if you're going to put information on there," Paul Mutton, a web security tester, told the Guardian.

Mutton added it was also "surprising" the Journal had not opted for an independently-verified SSL certificate – as used by PayPal and other companies which transmit sensitive information – which notifies site visitors of its enhanced protection with a green address bar.

"Not only would this instil more confidence in submitters, but it would also be more difficult for someone else to impersonate the site," Mutton said.

SafeHouse is also facing criticism for its terms and conditions, which state the Journal "reserve[s] the right to disclose any information about you to law enforcement authorities or to a requesting third party, without notice, in order to comply with any applicable laws and/or requests under legal process [...]".

The Journal confirmed to the Guardian on Friday that it would shortly update SafeHouse in an attempt to eliminate some potential vulnerabilities.

Ashley Hutson, a spokeswoman for the Journal, said: "We take these issues very seriously. Development for eliminating the Flash dependency, which is required for Tor compatibility, is complete, and we expect to implement the update within 48 hours.

"In addition, our system has been updated to limit the types of less secure connections it will accept. As is standard procedure, we will continue to assess new specifications and analyse any potential situation that may impact the privacy of our users.

"Our priority is to ensure that SafeHouse fulfils its mission as a secure location that provides sources with access to highly skilled, experienced journalists."

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2010年12月13日

日刊 WL 015(ガーディアン2010年12月13日)

P1 US embassy cables
2010.12.13 p1.jpg

MI5 offered to give up Ulster murder files
Lead: Leaked cables could pave way for inquiry into shooting of Pat Finucane
(continued on page 2)


P6-7 US embassy cables / Ireland
2010.12.13 p6-7.jpg

SinnFein leadership aware of plan to rob bank, cables claim
(Based on the cable number 33538)

Celtic Tiger / IRA took advantage of economic boom to diversify

Pat Finucane / Murder of lawyer that fuelled distrust and suspicions of collusion
(Based on the cable number 19072)


P8-9 US embassy cables / Central Asia
2010.12.13 p8-9.jpg



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2010年12月12日

日刊 WL 014(オブザーバー2010年12月12日)

P1
Russia on trial of Litvinenko killers 'but warned off by UK'
(continued on page 7)


P23 In Focus / Wikileaks backlash
2010.12.12 p23.jpg

FIRST SHOTS FIRED IN THE GREAT CYBER WAR
Lead: Some of the world's major corporations came under sustained assault last week from hackers as they rallied to support Wikileaks and its founder, Julian Assange, with every weapons they had. And the fight has only just begun
(continued overleaf)


P24-25 In Focus / Wikileaks backlash
2010.12.12 p24-25.jpg

Why did I back Julian Assange? It's about justice and fairness
Lead: Democeacy needs a free media. It is the only way to ensure governments are honest and remain accountable
Lead: Wikileaks has offered us glimpses of how the world works. And in most cases nothing but good can come of it
Commentary by Jemima Khan


P31 Comment
The powerful may howl, but only because we are learning the truth
By Henry Porter



Supplement / The New York Times (digest 8 pages)

P2 NEWS ANALYSIS
U.S. Engages in Diplomacy, but Is Ready for Plan B



ラベル:ロシア UK J Assange
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