Wednesday, December 1, 2010

American democracy...do as I say and not as I do.

WikiLeaks website pulled by Amazon after US homeland security pressure

Site hosting leaked US embassy cables is ousted from American servers as senator calls for boycott of WikiLeaks by companies
WikiLeaks's website cablegate.wikileaks.org, which was hosted by Amazon
WikiLeaks's website cablegate.wikileaks.org, which was hosted by Amazon.

The United States struck its first blow against WikiLeaks today after Amazon.com pulled the plug on hosting the whistleblowing website in an apparent reaction to heavy political pressure.

The main website and a sub-site devoted to the diplomatic documents were unavailable from the US and Europe on Wednesday, as Amazon servers refused to acknowledge requests for data.

The plug was pulled as the influential senator and chairman of the homeland security committee Joe Lieberman called for a boycott of the site by US companies.

"(Amazon's) decision to cut off WikiLeaks now is the right decision and should set the standard for other companies WikiLeaks is using to distribute its illegally seized material," he said in a statement. "I call on any other company or organization that is hosting WikiLeaks to immediately terminate its relationship with them."

The development came amid increasingly angry and polarised political opinion in America over WikiLeaks, with some conservatives calling for the organisation's founder, Julian Assange, to be executed as a spy.
Availability of his website has been patchy since Sunday, when it started to come under a series of internet-based attacks by unknown hackers. WikiLeaks dealt with the attacks in part by moving to servers run by Amazon Web Services, which is self-service.

Amazon.com would not comment on its relationship with WikiLeaks or whether it forced the site to leave. Messages seeking comment from WikiLeaks were not immediately returned.

The fury building up among rightwingers in the US, ranging from the potential Republican presidential candidate Mike Huckabee to conservative blog sites such as Red State, contrasts with a measured response from the Obama administration.

The White House, the state department and the Pentagon continued to denounce the leaks, describing them as "despicable". But senior administration officials, with a sense of weary resignation, also called on people to put the leaks into context and insisted they had not done serious damage to US relations.

The White House press secretary, Robert Gibbs, interviewed on television, shrugged aside as "ridiculous" a call by Assange, interviewed by Time magazine, via Skype from an undisclosed location, for the resignation of the secretary of state, Hillary Clinton, over an order to spy on the United Nations
.
"I'm not entirely sure why we care about the opinion of one guy with one website," Gibbs said. "Our foreign policy and the interests of this country are far stronger than his one website."

John Kerry, the Democratic head of the Senate foreign relations committee, on Sunday denounced the leaks but he sounded more sanguine at an event in Washington on Tuesday night.

He said there was a "silver lining" in that it was now clear where everyone stood on Iran. "Things that I have heard from the mouths of King Abdullah [of Saudi Arabia] and Hosni Mubarak [Egyptian president] and others are now quite public," Kerry said. He went on to say there was a "consensus on Iran".

But others, particularly rightwingers, are seeking retribution, with Assange as the prime target. Legal experts in the US were divided over whether the US could successfully prosecute Assange under the 1917 Espionage Act. Sceptics said that the US protections for journalists would make such a prosecution difficult and also cited pragmatic issues, such as the difficulty of extraditing Assange.

Huckabee, who was among the contenders for the Republican presidential nomination in 2008 and is likely to stand again in 2012, told the Politico website: "Whoever in our government leaked that information is guilty of treason, and I think anything less than execution is too kind a penalty."

His later comments suggest he had in mind Bradley Manning, the US private in Iraq who is suspected of leaking the information and is under arrest in Virginia, rather than Assange.

Another potential Republican candidate for the presidency, Sarah Palin, had earlier called for Assange to be hunted down.

Conservative blogsites and commentators are full of ire directed at Assange, and criticism of the Obama administration for its seeming inability to do anything about it.

Typical is a blog by lexington_concord on Red State, a popular rightwing site, in which the writers says Assange is a spy.

"Under the traditional rules of engagement he is thus subject to summary execution and my preferred course of action would [be] for Assange to find a small calibre round in the back of his head."

The attorney general, Eric Holder, earlier this week hinted at legal action but did not clarify whether his words were aimed at Manning or Assange. A department of justice spokeswoman failed to clarify this yesterday: "He [Holder] said the department would pursue those to be found violating the law." She added she was not commenting on the scope or direction of the investigation.

The Pentagon press secretary, Geoff Morrell, interviewed on Fox, suggested Holder's reference had been to Assange. Asked why the US was not mounting a cyberattack on WikiLeaks, Morrell said the disclosures were awkward and embarrassing but these were not sufficient grounds for offensive action.

He referred back to comments made the previous day by the defence secretary, Robert Gates, who attempted to put the leaks in perspective. Gates said: "Is this embarrassing? Yes. Is it awkward? Yes. Consequences for US foreign policy: I think fairly modest."

A former defence secretary under Bill Clinton, William Cohen, echoed Gates, saying that the information was probably not fatal. Cohen joined the chorus calling for Assange to be prosecuted, provided he can be found.
"He may be hiding in a cave with Osama bin Laden. We don't know where he is but I am confident we will find him in the near future. He will be arrested and brought to justice," Cohen said.

Ruth Wedgwood, a former federal prosecutor and Johns Hopkins law professor, said, in an email exchange, that Assange, an Australian, could prosecuted. "A person who steals or knowingly receives and transmits protected national security information is not exempt from US criminal law merely because he is foreigner. The Espionage Act has been used to prosecute foreign defendants as well as Americans.

"Freedom of the press and the First Amendment would not shelter someone who deliberately steals tens of thousands of closely-held communications containing national security and defence information, and wantonly publishes them to both friends and foes alike, with heedless disregard for the damage that is caused."
Floyd Abrams, the constitutional expert who has argued before the supreme court on the First Amendment, which enshrines press freedom, was more sceptical. He said the government had a plausible case under the Espionage Act, which is phrased very broadly.

The government had looked in 1971 at prosecution of the New York Times over the Pentagon Papers leak and decided against. "Here I think it is a closer call. The documents are much more current and they have the potential to do more harm, for example the reference to the King of Saudi Arabia urging the US to bomb Iran," Abrams said in an phone interview.

"I think for the government it must be a close call. On the one hand, the leaks are of such magnitude and involve topics of such sensitivity and currency, it must be tempting to consider prosecution but on the other hand the government would be forced to address difficult and sensitive issues of whether a journalist could be accused of violating the law."

He added that Assange was not a journalist but does some of the things associated with journalism.
Another legal expert, Scott Silliman, a professor at the Duke University School of Law, said: "A US prosecution of Assange would be possible, but it would be fraught with problems for the government. The applicable statute, section 793(e) of the Espionage Act, is somewhat ambiguous when dealing with a case of this type where the accused claims to be part of or allied with the media. Further, there will probably be difficulties in having Assange extradited to the United States for trial."


WikiLeaks website pulled by Amazon after US homeland security pressure

Site hosting leaked US embassy cables is ousted from American servers as senator calls for boycott of WikiLeaks by companies
WikiLeaks's website cablegate.wikileaks.org, which was hosted by Amazon
WikiLeaks's website cablegate.wikileaks.org, which was hosted by Amazon.

The United States struck its first blow against WikiLeaks today after Amazon.com pulled the plug on hosting the whistleblowing website in an apparent reaction to heavy political pressure.
The main website and a sub-site devoted to the diplomatic documents were unavailable from the US and Europe on Wednesday, as Amazon servers refused to acknowledge requests for data.
The plug was pulled as the influential senator and chairman of the homeland security committee Joe Lieberman called for a boycott of the site by US companies.
"(Amazon's) decision to cut off WikiLeaks now is the right decision and should set the standard for other companies WikiLeaks is using to distribute its illegally seized material," he said in a statement. "I call on any other company or organization that is hosting WikiLeaks to immediately terminate its relationship with them."
The development came amid increasingly angry and polarised political opinion in America over WikiLeaks, with some conservatives calling for the organisation's founder, Julian Assange, to be executed as a spy.
Availability of his website has been patchy since Sunday, when it started to come under a series of internet-based attacks by unknown hackers. WikiLeaks dealt with the attacks in part by moving to servers run by Amazon Web Services, which is self-service.
Amazon.com would not comment on its relationship with WikiLeaks or whether it forced the site to leave. Messages seeking comment from WikiLeaks were not immediately returned.
The fury building up among rightwingers in the US, ranging from the potential Republican presidential candidate Mike Huckabee to conservative blog sites such as Red State, contrasts with a measured response from the Obama administration.
The White House, the state department and the Pentagon continued to denounce the leaks, describing them as "despicable". But senior administration officials, with a sense of weary resignation, also called on people to put the leaks into context and insisted they had not done serious damage to US relations.
The White House press secretary, Robert Gibbs, interviewed on television, shrugged aside as "ridiculous" a call by Assange, interviewed by Time magazine, via Skype from an undisclosed location, for the resignation of the secretary of state, Hillary Clinton, over an order to spy on the United Nations.
"I'm not entirely sure why we care about the opinion of one guy with one website," Gibbs said. "Our foreign policy and the interests of this country are far stronger than his one website."
John Kerry, the Democratic head of the Senate foreign relations committee, on Sunday denounced the leaks but he sounded more sanguine at an event in Washington on Tuesday night.
He said there was a "silver lining" in that it was now clear where everyone stood on Iran. "Things that I have heard from the mouths of King Abdullah [of Saudi Arabia] and Hosni Mubarak [Egyptian president] and others are now quite public," Kerry said. He went on to say there was a "consensus on Iran".
But others, particularly rightwingers, are seeking retribution, with Assange as the prime target. Legal experts in the US were divided over whether the US could successfully prosecute Assange under the 1917 Espionage Act. Sceptics said that the US protections for journalists would make such a prosecution difficult and also cited pragmatic issues, such as the difficulty of extraditing Assange.
Huckabee, who was among the contenders for the Republican presidential nomination in 2008 and is likely to stand again in 2012, told the Politico website: "Whoever in our government leaked that information is guilty of treason, and I think anything less than execution is too kind a penalty."
His later comments suggest he had in mind Bradley Manning, the US private in Iraq who is suspected of leaking the information and is under arrest in Virginia, rather than Assange.
Another potential Republican candidate for the presidency, Sarah Palin, had earlier called for Assange to be hunted down.
Conservative blogsites and commentators are full of ire directed at Assange, and criticism of the Obama administration for its seeming inability to do anything about it.
Typical is a blog by lexington_concord on Red State, a popular rightwing site, in which the writers says Assange is a spy.
"Under the traditional rules of engagement he is thus subject to summary execution and my preferred course of action would [be] for Assange to find a small calibre round in the back of his head."
The attorney general, Eric Holder, earlier this week hinted at legal action but did not clarify whether his words were aimed at Manning or Assange. A department of justice spokeswoman failed to clarify this yesterday: "He [Holder] said the department would pursue those to be found violating the law." She added she was not commenting on the scope or direction of the investigation.
The Pentagon press secretary, Geoff Morrell, interviewed on Fox, suggested Holder's reference had been to Assange. Asked why the US was not mounting a cyberattack on WikiLeaks, Morrell said the disclosures were awkward and embarrassing but these were not sufficient grounds for offensive action.
He referred back to comments made the previous day by the defence secretary, Robert Gates, who attempted to put the leaks in perspective. Gates said: "Is this embarrassing? Yes. Is it awkward? Yes. Consequences for US foreign policy: I think fairly modest."
A former defence secretary under Bill Clinton, William Cohen, echoed Gates, saying that the information was probably not fatal. Cohen joined the chorus calling for Assange to be prosecuted, provided he can be found.
"He may be hiding in a cave with Osama bin Laden. We don't know where he is but I am confident we will find him in the near future. He will be arrested and brought to justice," Cohen said.
Ruth Wedgwood, a former federal prosecutor and Johns Hopkins law professor, said, in an email exchange, that Assange, an Australian, could prosecuted. "A person who steals or knowingly receives and transmits protected national security information is not exempt from US criminal law merely because he is foreigner. The Espionage Act has been used to prosecute foreign defendants as well as Americans.
"Freedom of the press and the First Amendment would not shelter someone who deliberately steals tens of thousands of closely-held communications containing national security and defence information, and wantonly publishes them to both friends and foes alike, with heedless disregard for the damage that is caused."
Floyd Abrams, the constitutional expert who has argued before the supreme court on the First Amendment, which enshrines press freedom, was more sceptical. He said the government had a plausible case under the Espionage Act, which is phrased very broadly.
The government had looked in 1971 at prosecution of the New York Times over the Pentagon Papers leak and decided against. "Here I think it is a closer call. The documents are much more current and they have the potential to do more harm, for example the reference to the King of Saudi Arabia urging the US to bomb Iran," Abrams said in an phone interview.
"I think for the government it must be a close call. On the one hand, the leaks are of such magnitude and involve topics of such sensitivity and currency, it must be tempting to consider prosecution but on the other hand the government would be forced to address difficult and sensitive issues of whether a journalist could be accused of violating the law."
He added that Assange was not a journalist but does some of the things associated with journalism.
Another legal expert, Scott Silliman, a professor at the Duke University School of Law, said: "A US prosecution of Assange would be possible, but it would be fraught with problems for the government. The applicable statute, section 793(e) of the Espionage Act, is somewhat ambiguous when dealing with a case of this type where the accused claims to be part of or allied with the media. Further, there will probably be difficulties in having Assange extradited to the United States for trial."


Comments in chronological order (Total 43 comments)

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  • Gelion Gelion

    1 December 2010 8:03PM
    No surprises there - I hope he moves to somewhere neutral and it can carry on.
    Lots of embarrassing stuff for everyone. It's most hilarious.

  • BitterBunny BitterBunny

    1 December 2010 8:06PM
    There is a piece of minor irony here re: Amazon - this is the company that yanked 1984 off their customers kindles and had all kinds of fun trying to spin its way out of that one.

  • mswinkle mswinkle

    1 December 2010 8:07PM
    "Amazon.co m ceases hosting services for WikiLeaks website -Senator Lieberman" and "DHS says Amazon has agreed to stop hosting WikiLeaks. " Game Over They will start shutting down any site that speaks up against them.
    email/writ e to amazon tell them you will stop using their site. HIt them HARD in their pockets and let's see if they will defy Big Sis. Come on we can do it. let Amazon know they will LOSE LOTS OF MONEY. If we don't do this now they will be shutting down so many sites we will no longer have the POWER They will start shutting down any site that speaks up against them. If we do NOT stand up and FIGHT back now TPTB will have won.

  • teaandchocolate teaandchocolate

    1 December 2010 8:07PM
    Another potential Republican candidate for the presidency, Sarah Palin, had earlier called for Assange to be hunted down.
    The fury building up among rightwingers in the US, ranging from the potential Republican presidential candidate Mike Huckabee
    For the those quotes only, it would be worth keeping Wikileaks online. Hoppin' mad yankees, it can only be good. Anyone offering?
    For goodness sake America, in Hollywood America saves the world single handed, stops bombs with its teeth and fights aliens. Surely you aren't scared of an Australian with white(ish) hair?

  • nadirnwo nadirnwo

    1 December 2010 8:09PM
    Great! Another example offered to China, Mayanmar, Pakistan, Gulf States and the likes on a silver platter of western governments in regards to free speech. The next time a third world country gets lectured on allowing free speech, guess what they will retaliate with - See above

  • Dreagon Dreagon

    1 December 2010 8:10PM
    Actually, Assunge is providing one useful lesson. That it really doesn't matter who is in office as far as foreign policy is concerned, as they have to deal with the same realities that faced their predecessors. Whether it's Bush or Obama, both were elected to act in the interests of the superpower they nominally run.

  • tigi tigi

    1 December 2010 8:10PM
    History will show this to be a benign event. Julian is not exposing sensitive material, he's simply letting light shine on the crap that all governments engage in.

  • vertical vertical

    1 December 2010 8:11PM
    Amazon lose nerve, will lose (if not haemorrhage) customers over this.
    Let's hope Jobs takes time off from his deal with, er, Murdoch to support this humanitarian movement. Or Google? Or the Chinese government?
    Enlightenment - a breeding ground for terrorism, obviously. Let's fight it.

  • legaff legaff

    1 December 2010 8:11PM
    Julian Assange must be protected at all costs.
    Sites like wikileaks are the reason why the internet and technology must be embraced.
    Once again, The United States of America show that the world they can't play fair.

  • Westmorlandia Westmorlandia

    1 December 2010 8:11PM
    Not 100% convinced by the Wikileaks philosophy (broadly, that all secrets are bad). But I don't see how this is a principled response from a democratic government.

  • TeaJunkie TeaJunkie

    1 December 2010 8:11PM
    The White House press secretary, Robert Gibbs, interviewed on television, shrugged aside as "ridiculous" a call by Assange, interviewed by Time magazine, via Skype from an undisclosed location, for the resignation of the secretary of state, Hillary Clinton, over an order to spy on the United Nations.
    "I'm not entirely sure why we care about the opinion of one guy with one website," Gibbs said. "Our foreign policy and the interests of this country are far stronger than his one website."

    Gibbs could do well to remember that 'pride comes before a fall'.

  • ifshespins ifshespins

    1 December 2010 8:12PM
    Typical is a blog by lexington_concord on Red State, a popular rightwing site, in which the writers says Assange is a spy.
    "Under the traditional rules of engagement he is thus subject to summary execution and my preferred course of action would [be] for Assange to find a small calibre round in the back of his head."
    At first I thought this was a joke.. Sadly mistaken.

  • Ind3pendant Ind3pendant

    1 December 2010 8:12PM
    What happens now then?
    Anyone have any ideas as to how we will get access to the files again?
    Is it time for the Insurance Torrent password to go live?

  • Expialadocious Expialadocious

    1 December 2010 8:12PM
    Sarah Palin said Julian Assange should be hunted down like Osama Bin Laden.
    Good, that means Assange is safe for at least another decade.
    Long live the Wikileaks!

  • Gelion Gelion

    1 December 2010 8:12PM
    @amnesiac88
    "This is getting silly now. School yard tactics courtesy of the land of the free."
    Disregarding my comment at the top of the page, I want to point out @amnesiac88 that the US is in NO WAY the Land of the Free - what it is is the "Land of the Corporation influencing laws and military industrial complex" - free speech in the US may part of the constitution but it is not effective and it is also prone to revision by the right wing Republicans to control society.
    We probably have more "Freedom of speech" in post 1980s Thatcherite UK, over the last 30 years. Which considering her assault on the unions, etc, is surprising.
    There are no surprises that this has happened - and I hope that the Guardian can still publish.

  • BobHughes BobHughes

    1 December 2010 8:12PM
    This is hardly going to be an issue for Wikileaks. If recent history is anything to go by, I would imagine that the database will be mirrored on a number of sites within 24 hours.

  • timjsharpe timjsharpe

    1 December 2010 8:13PM
    Not surprised. Amazon must have been under immense pressure, though it may influence those seeking to use a cloud hosting provider in the future as they might like their web presence not to be subject to the US government's opinion on their right to operate.
    More concerning is the right wing vitriol, particularly those calling for execution of either Assange or Manning. I can't see the Obama administration indulging these calls but it really does weaken any attempts to reason with states that use execution more routinely.

  • mcyigra3 mcyigra3

    1 December 2010 8:13PM
    what you thought you lived in a democracy?
    what you thought you could say what you liked?
    what you thought you could do what you liked?
    what you think we dont control you?
    what you think we dont tell you what you should think, do, and how you should live?
    what you think we will not kill you if we want?
    what the hell do you think is going on?
    what no suprise?

  • MidEnglandAce MidEnglandAce

    1 December 2010 8:13PM
    Democracy, freedom, liberty & transparency, US dominated west style.
    Life, under the liberal democracy's of the west, seems to be becoming less democratic and more authoritarian by the day.

  • BlairM BlairM

    1 December 2010 8:14PM
    Palin is correct. Assange has blood on his hands. His leaking of confidential information is a direct security threat to the United States, and to many other countries and their governments.
    I hope he does get a bullet in the back of his head, the least that could happen to atone for the lives lost in Kenya especially.

  • Arveyate Arveyate

    1 December 2010 8:14PM
    Land of the free: free to torture, free to limit access to websites.
    It is odd, isn't it. As our freedoms are restricted we are told that if we haven't got anything to hide, what have we got to worry about.
    They don't like it up 'em, do they.

  • Salongvaenster Salongvaenster

    1 December 2010 8:14PM
    No more shopping from Amazon for me then!
    If you care about freedom and the right to expose wrongdoing, wherever it is carried out, you too should boycott Amazon - one thing capitalists do care about is a drop in their profits.