This post was originally published over on EFF’s Deeplinks blog, and is cross-posted here.
As the extradition hearing for Wikileaks Editor-in-Chief Julian Assange unfolds, it is increasingly clear that the prosecution of Assange fits into a pattern of governments selectively enforcing laws in order to punish those who provoke their ire. As we see in Assange’s case and in many others before this, computer crime laws are especially ripe for this form of politicization.
The key evidence in the U.S. government’s cybercrime conspiracy allegations against Assange is a brief conversation between Julian Assange and Chelsea Manning in which the possibility of cracking a password is discussed, Manning allegedly shares a snippet of that password with Assange, and Assange apparently attempts, but fails, to crack it. While breaking into computers and cracking passwords in many contexts is illegal under the Computer Fraud and Abuse Act, few prosecutors would ever bother to bring a case for such an inconsequential activity as a failed attempt to reverse a hash. But the government has doggedly pursued charges against Assange for 10 years, perhaps because they fear that prosecuting Assange for publishing leaked documents is protected by the First Amendment and is a case they are likely to lose.Continue reading “The Selective Prosecution of Julian Assange”