Assange's Legal Battle: What Laws Were Broken?

Julian Assange is an Australian editor, publisher, and activist who founded WikiLeaks in 2006. He was arrested in 2019 for breaching the UK Bail Act and was sentenced to 50 weeks in prison. He was also charged with violating the US Computer Fraud and Abuse Act, which prohibits unauthorised access to a computer. The US government further accused Assange of violating the Espionage Act of 1917 and alleged that he conspired with hackers. Critics have described these charges as an unprecedented challenge to press freedom, with potential implications for investigative journalism worldwide.

Violating the Bail Act

On 11 April 2019, Julian Assange was arrested for failing to appear in court. He was subsequently charged and convicted of violating the Bail Act 1976 and sentenced to fifty weeks in prison.

Assange had been granted asylum in the Ecuadorian Embassy in London, where he had taken refuge since 2012 to avoid extradition to Sweden, and what his supporters said was the possibility of subsequent extradition to the US. Ecuador revoked his asylum in 2019, and he was carried out of the embassy by members of the London Metropolitan Police.

At a hearing at Westminster Magistrates' Court, Assange was found guilty of breaching the terms of his bail. The presiding judge, Judge Michael Snow, said that Assange's "assertion that he has not had a fair hearing is laughable. And his behaviour is that of a narcissist who cannot get beyond his own selfish interests." Assange was remanded to Belmarsh Prison and sentenced to 50 weeks' imprisonment.

Assange appealed against his sentence but later dropped his appeal in July. Judge Deborah Taylor said that Assange's time in the embassy had cost British taxpayers the equivalent of nearly $21 million and that he had sought asylum in a "deliberate attempt to delay justice." Assange offered a written apology in court, stating that his actions were a response to terrifying circumstances.

Assange was released from a UK prison after spending five years behind bars. In June 2024, he was released after agreeing to plead guilty to his alleged role in the US government breach.

Conspiracy to commit computer intrusion

On 11 April 2019, Julian Assange was charged with "conspiracy to commit computer intrusion" by the US Department of Justice. The indictment alleged that in March 2010, Assange conspired with Chelsea Manning, a former intelligence analyst in the US Army, to assist Manning in cracking a password stored on US Department of Defense computers connected to the Secret Internet Protocol Network (SIPRNet), a US government network used for classified documents and communications. Manning had access to the computers in connection with her duties as an intelligence analyst and was using them to download classified records to transmit to WikiLeaks.

Cracking the password would have allowed Manning to log on to the computers under a username that did not belong to her, making it more difficult for investigators to identify the source of the leaks. During the conspiracy, Manning and Assange engaged in real-time discussions regarding Manning’s transmission of classified records to Assange, with Assange actively encouraging Manning to provide more information.

Assange was charged with conspiracy to commit computer intrusion and faced a maximum penalty of five years in prison if convicted. However, it is important to note that he was presumed innocent unless and until proven guilty beyond a reasonable doubt. The extradition of Assange from the UK to the US was to be handled by the Department of Justice's Office of International Affairs.

The charge of conspiracy to commit computer intrusion against Assange was part of a broader legal battle involving WikiLeaks' publication of classified information and its founder, Julian Assange. Assange and WikiLeaks have been at the centre of debates surrounding press freedom and the protection of journalistic sources. The case has also raised questions about the extent to which publishers and journalists can be prosecuted for releasing classified or sensitive information.

Violating the Espionage Act of 1917

On May 23, 2019, Julian Assange was charged with 17 counts of violating the Espionage Act of 1917. The charges were related to his involvement with Chelsea Manning, a former US Army intelligence analyst who gave Assange classified information concerning matters surrounding the US Defense Department.

The Espionage Act of 1917 has been used to silence dissent and punish political opponents. It was enacted two months after the US entered World War I, in a climate of fear and antagonism toward German-Americans and other immigrants. The Act has been routinely used to target and prosecute whistleblowers, with the Assange case representing the first time the Act has been used to target a media organisation.

The charges against Assange have serious First Amendment implications and have ignited pushback from journalists around the world who believe that prosecuting Assange for publishing leaked information could threaten press freedoms.

The charges against Assange include:

• Conspiracy to obtain and disclose national defence information
• Conspiracy to commit computer intrusions
• Obtaining national defence information (seven counts)
• Disclosure of national defence information (nine counts)

Assange's supporters have described the charges as an unprecedented challenge to press freedom with potential implications for investigative journalism worldwide.

Conspiring with hackers

In June 2020, a grand jury expanded the indictment against Julian Assange, alleging that he had attempted to recruit hackers and system administrators at conferences around the world. The indictment stated that Assange had conspired with members of hacking groups LulzSec and Anonymous.

The indictment also accused Assange of working with a 17-year-old hacker who provided him with information stolen from a bank. Assange then directed the teenager to steal additional material, including audio recordings of high-ranking government officials.

The indictment further described Assange's alleged efforts to recruit system administrators, as well as his role in helping Edward Snowden flee the US and using Snowden as a recruitment tool. It also mentioned WikiLeaks' exploitation of a vulnerability in the US Congress' system to access and publish the Congressional Research Service reports.

Assange's defenders responded to these accusations, describing him as a journalist who did nothing more than publish leaked information that embarrassed the US government. They argued that Assange's prosecution was an attack on freedom of the press and international law.

The First Amendment

The prosecution of Assange for computer crimes and conspiracy to commit computer intrusion has raised questions about the First Amendment and freedom of the press. Assange's supporters argue that he was acting as a journalist and is protected by the First Amendment.

However, the US government has maintained that Assange's actions went beyond those of a journalist and amounted to an attempt to solicit, steal, and indiscriminately publish classified government documents.

The Computer Fraud and Abuse Act (CFAA), under which Assange was charged, has been criticised for its vague definition of "unauthorized access" to a computer. This lack of clarity allows prosecutors to bring felony charges even when the harm caused is minimal or questionable.

Reactions to the Indictment

The indictment and potential extradition of Assange sparked reactions from various individuals, organisations, and governments.

UN rights expert Agnes Callamard stated that the arrest exposed Assange to the risk of serious human rights violations if extradited to the US. Several jurists, politicians, associations, academics, and campaigners also voiced their opposition to the arrest, viewing it as a threat to freedom of the press and international law.

On the other hand, some US and foreign politicians, including British Prime Minister Theresa May, supported the arrest, stating that "no one is above the law."

The New York Times' Editorial Board warned of the potential implications for journalism, especially given the current US administration's stance on the free press.

The accusations of conspiring with hackers against Julian Assange have sparked debates about the boundaries of journalistic freedom and the interpretation of computer crime laws. While Assange's defenders characterise him as a journalist exposing government wrongdoing, prosecutors argue that his actions went beyond the scope of journalistic activities. The outcome of this case has significant implications for press freedom and the protection of sensitive information in the digital age.

Conspiring to obtain and disclose national defence information

In June 2024, Julian Assange pleaded guilty to a charge of "conspiracy to obtain and disclose national defence information" as part of a plea deal which, due to time already served, resulted in his release from prison.

The charge relates to Assange's role in a conspiracy with Chelsea Manning, a former US Army intelligence analyst, to unlawfully obtain and disclose classified documents relating to national defence. Assange was aware of the harm that the dissemination of such information would cause.

Between January 2010 and May 2010, Manning used US government computer systems to download hundreds of thousands of documents and reports, many of them classified at the SECRET level and relating to the national defence. Manning downloaded four nearly complete US government databases that contained, among other things, approximately 90,000 Afghanistan war-related significant activity reports, 400,000 Iraq war-related significant activity reports, 800 Joint Task Force Guantanamo (JTF GTMO) detainee assessment briefs, and 250,000 US Department of State cables.

After downloading the classified documents, Manning electronically sent them to Assange to be publicly posted on the WikiLeaks website. During Manning's bulk exfiltration and passage of classified materials to WikiLeaks, Manning and Assange communicated regularly via online platforms about Manning's progress and what classified information Assange wanted.

In 2010 and 2011, Assange publicly disclosed via the WikiLeaks website hundreds of thousands of documents that Manning had taken without authorisation. This included approximately 75,000 Afghanistan war-related significant activity reports, 400,000 Iraq war-related significant activity reports, 800 JTF GTMO detainee assessment briefs, and over 100,000 State Department cables, some of which were classified up to the Secret level.

Unlike news organisations that published redacted versions of some of the classified documents that Assange obtained, Assange and WikiLeaks disclosed many of the raw classified documents without removing any personally identifying information. Assange's decision to reveal the names of human sources illegally shared with him by Manning created a grave and imminent risk to human life. By publicly releasing these documents without redacting the names of human sources or other identifying information, Assange subjected these individuals to serious harm and arbitrary detention.

Assange even acknowledged in public statements that he knew that publicly disclosing unredacted classified documents containing the names and other identifying information of people who had shared information with the US government in confidence could put those people at risk of harm.

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