The criminally large difference between leaks to the media and hacking

There is a difference between hacking and leaks.

For example, Julian Assange is unlikely to face charges under American espionage laws because the FBI would have too pop down and arrest everybody at the New York Times and Washington Post  and the U.S. offices of the Guardian and more than a few famous book authors.

U.S. media organizations could be prosecuted for printing leaked classified information under US espionage legislation, but that prospect is unlikely because of official aversion to running afoul of the First Amendment.

If the government were to prosecute the  recipient of classified information – as opposed to the individual who leaked it from within the government such as Bradley Manning – mainstream media would fear that they could face prosecution for reporting information they routinely receive from government sources. There is no way to prosecute Assange for publishing information without the same theory being applied to journalists.

Assigned is in criminal law trouble only if he assisted Bradley Manning to leak the information as distinct from simply receive it from him. An example might be advising Manning on how to  get around computer security at his Defence Department workplace.

Hacking involves breaking into someone else’s place in the full knowledge that this is prohibited under computer crimes laws. Heavy penalties apply in the same way as physically braking in and stealing the documents. There is no moral or legal distinction.

The outrage against the phone hacking scandal in the UK was based upon breaches of computer crime law and corruption of public officials through bribes. The moral outrage in that scandal was topped up by the glee which some papers had at the fall from grace of their commercial and ideological rivals.

Advertisement

Why Evolution Is True

Why Evolution is True is a blog written by Jerry Coyne, centered on evolution and biology but also dealing with diverse topics like politics, culture, and cats.

Great Books Guy

Reading The Classics

Science Matters

Reading between the lines, and underneath the hype.

Peter Winsley

Economics, and such stuff as dreams are made on

A Venerable Puzzle

"The British constitution has always been puzzling, and always will be." --Queen Elizabeth II

Real Time with Bill Maher Blog

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

The Market Monetarist

Markets Matter, Money Matters...

The Antiplanner

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Pedestrian Observations

For Walkability and Good Transit, and Against Boondoggles and Pollution

Bet On It

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Movie Nation

Roger Moore's film criticism, against the grain since 1984.

~

Franck Portier's professional page

Anti-Dismal

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Bowalley Road

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

History of Sorts

WORLD WAR II, EIGHTIES, MUSIC, HISTORY, HOLOCAUST

Tudor Chronicles

News, reviews and talk all about the Tudors

@STILLTish. Gender Abolition

Examining Gender Identity ideology and its impact on Women's Sex based rights and Gay Rights. Exploring how this has taken such firm root in Western societies (Cognitive & Regulatory Capture).

Offsetting Behaviour

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

JONATHAN TURLEY

Res ipsa loquitur - The thing itself speaks

Conversable Economist

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

The Victorian Commons

Researching the House of Commons, 1832-1868

Coyote Blog

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

The History of Parliament

Blogging on parliament, politics and people, from the History of Parliament

Books & Boots

Reflections on books and art

Legal History Miscellany

Posts on the History of Law, Crime, and Justice

Sex, Drugs and Economics

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Doc's Books

A window into Doc Freiberger's library

Media Myth Alert

Calling out media myths

European Royal History

The History of the Emperors, Kings & Queens of Europe

Tallbloke's Talkshop

Cutting edge science you can dice with

Marginal REVOLUTION

Small Steps Toward A Much Better World

The Risk-Monger

Let's examine hard decisions!

NOT A LOT OF PEOPLE KNOW THAT

“We do not believe any group of men adequate enough or wise enough to operate without scrutiny or without criticism. We know that the only way to avoid error is to detect it, that the only way to detect it is to be free to inquire. We know that in secrecy error undetected will flourish and subvert”. - J Robert Oppenheimer.

STOP THESE THINGS

The truth about the great wind power fraud

Trust, yet verify

Searching for the missing pieces of climate change communication

Lindsay Mitchell

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Alt-M

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

croaking cassandra

Economics, public policy, monetary policy, financial regulation, with a New Zealand perspective

James Bowden's Blog

A blog (primarily) on Canadian and Commonwealth political history and institutions

%d bloggers like this: