Linked by Thom Holwerda on Wed 8th Dec 2010 12:16 UTC
Internet & Networking It looks like several companies are learning what happens when you mess with the internet - and they're learning it the hard way. Several major companies have been hit by the collective powers of Anonymous after 4chan launched several distributed denial-of-service attacks. What many have been predicting for a long time now has finally happened: an actual war between the powers that be on one side, and the internet on the other. Update: PayPal has admitted their WikiLeaks snub came after pressure from the US government, and Datacell, which takes care of payments to Wikileaks, is threatening to sue MasterCard over Wikileaks' account suspension. Update II: Visa.com is down due to the attack. Update III: PayPal has caved under the pressure, and will release the funds in the WikiLeaks account.
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RE[6]: Say it isn't so, Thom
by FresheBakked on Wed 8th Dec 2010 19:33 UTC in reply to "RE[5]: Say it isn't so, Thom"
FresheBakked
Member since:
2010-12-08

18 U.S.C. I.37 § 793

§ 793. Gathering, transmitting or losing defense information

(a) Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense; or

(b) Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense; or

(c) Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts to receive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything connected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter; or

(d) Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or

(e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or

(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense,

(1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or
(2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer— Shall be fined under this title or imprisoned not more than ten years, or both.

(g) If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy.

(h)
(1) Any person convicted of a violation of this section shall forfeit to the United States, irrespective of any provision of State law, any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, from any foreign government, or any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, as the result of such violation. For the purposes of this subsection, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of this subsection.

Your "Lawyered" comment is bullcrap - whom ever is your lawyer must really be a good one if he can't simplify the Espionage Act for you.

You Fail.

Reply Parent Score: 1

FresheBakked Member since:
2010-12-08

18 U.S.C. I.37 § 798

§ 798. Disclosure of classified information

(a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information—
(1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or
(2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or
(3) concerning the communication intelligence activities of the United States or any foreign government; or
(4) obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes— Shall be fined under this title or imprisoned not more than ten years, or both.

(b) As used in subsection (a) of this section—

The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution;

The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications;

The term “foreign government” includes in its meaning any person or persons acting or purporting to act for or on behalf of any faction, party, department, agency, bureau, or military force of or within a foreign country, or for or on behalf of any government or any person or persons purporting to act as a government within a foreign country, whether or not such government is recognized by the United States;

The term “communication intelligence” means all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients;

The term “unauthorized person” means any person who, or agency which, is not authorized to receive information of the categories set forth in subsection (a) of this section, by the President, or by the head of a department or agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States.

(c) Nothing in this section shall prohibit the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof.

(d)
(1) Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law—
(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and
(B) any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.
(2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1).

Do you want more, Thom?

Reply Parent Score: 1

RE[8]: Say it isn't so, Thom
by ARUmar on Wed 8th Dec 2010 22:20 in reply to "RE[7]: Say it isn't so, Thom"
ARUmar Member since:
2009-10-08

first document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note , here on the net we deal in bits until they amend the law to relate to reality good luck trying to get your bits "returned"
second For the purposes of this subsection, the term "State" includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States
last i checked the net wasnt any of the above and as far as US law goes it isnt applicable to anyone who isnt a) a us citizen or resident b) a US based company/entity

Reply Parent Score: 1

RE[8]: Say it isn't so, Thom
by MollyC on Thu 9th Dec 2010 06:40 in reply to "RE[7]: Say it isn't so, Thom"
MollyC Member since:
2006-07-04

Thanks for bringing some facts to the table.
Wikileaks fans are so self-righteous as to not care about the law, they think that the law is beneath them, their cause so righteous.

Yet these same folks would raise hell if some Social Security Agent happened to accidentally release their Social Security Numbers to the world. I guess some government info wants to be free, but some does not.

Reply Parent Score: 2

RE[7]: Say it isn't so, Thom
by ralph on Wed 8th Dec 2010 19:48 in reply to "RE[6]: Say it isn't so, Thom"
ralph Member since:
2005-07-10

And the Congressional Research Service is also bullcrap?

"This report identifies some criminal statutes that may apply, but notes that these have been used almost exclusively to prosecute individuals with access to classified information (and a corresponding obligation to protect it) who make it available to foreign agents, or to foreign agents who obtain classified information unlawfully while present in the United States. Leaks of classified information to the press have only rarely been punished as crimes, and we are aware of no case in which a publisher of information obtained through unauthorized disclosure by a government employee has been prosecuted for publishing it."
http://opencrs.com/document/R41404/

Reply Parent Score: 3

FresheBakked Member since:
2010-12-08

Ralph - the leaked Diplomatic Cables were obtained through a UNIFORMED MEMBER OF THE US ARMED FORCES...or, did you conveiniently forget that fact?

Pfc. Bradley E. Manning SHOULD HANG!

This is just speculation on my part, but wouldn't it be interesting if Manning joined the US Army JUST TO DO THIS!?

Manning and Assange in collusion? Welcome to Leavenworth, boys!!

Reply Parent Score: 1

Thom_Holwerda Member since:
2005-06-29

First, Julian Assange is not a US citizen, nor is WikiLeaks a US organisation. Hence, your precious espionage act can go to hell. In other words, you still haven't shown a single US law violated by Assange or WikiLeaks. I've broken US law more times than I can count - I break it almost every day - but since I'm not a US citizen (thank god), I actually didn't break it at all.

Second, I assume this means you believe The New York Times should be prosecuted as well?

Good luck with that.

Reply Parent Score: 1

FresheBakked Member since:
2010-12-08

Absolutely, Thom.

We see your leftist / liberalism shining-through, Thom - and that can go to hell in a handbasket.

OSNews has now become another faggoty version of /.

Enjoy your ignorance, Thom. You're the one who started the snide comments and can't deal with the facts. We've extradited hackers before, and now we're going to extradite Ass-ange.

Manning will hang, and Assange will be extradited.

Deal with it, son.

Freshe Bakked - out.

Edited 2010-12-08 20:09 UTC

Reply Parent Score: -1

RE[8]: Say it isn't so, Thom
by Bounty on Wed 8th Dec 2010 21:34 in reply to "RE[7]: Say it isn't so, Thom"
Bounty Member since:
2006-09-18

First, Julian Assange is not a US citizen, nor is WikiLeaks a US organisation. Hence, your precious espionage act can go to hell. In other words, you still haven't shown a single US law violated by Assange or WikiLeaks. I've broken US law more times than I can count - I break it almost every day - but since I'm not a US citizen (thank god), I actually didn't break it at all.

Second, I assume this means you believe The New York Times should be prosecuted as well?

Good luck with that.


If you're talking about:
'Failure to fulfill dual criminality - generally the act for which extradition is sought must constitute a crime punishable by some minimum penalty in both the requesting and the requested parties."

Espionage has been a crime in the UK since at least 1911. https://www.mi5.gov.uk/output/espionage-and-the-law.html

Second, what's this about the New York Times? If we're going back to the Pentagon papers type of argument, then see http://www.osnews.com/thread?452770

Reply Parent Score: 2

RE[8]: Say it isn't so, Thom
by boldingd on Thu 9th Dec 2010 00:36 in reply to "RE[7]: Say it isn't so, Thom"
boldingd Member since:
2009-02-19

No, but, any U.S. organization that supports or works with Assange is potentially liable, see above. Materially, if Amazon had hosted WikiLeaks, or PayPal had continued to process payments to WikiLeaks, they could have been prosecuted under U.S. law.

Reply Parent Score: 2

RE[8]: Say it isn't so, Thom
by vodoomoth on Thu 9th Dec 2010 12:24 in reply to "RE[7]: Say it isn't so, Thom"
vodoomoth Member since:
2010-03-30

First, Julian Assange is not a US citizen, nor is WikiLeaks a US organisation. Hence, your precious espionage act can go to hell.

Can't non-US citizens be prosecuted for espionage?

I vaguely remember the story of a russian spy ring in the summer and I must confess I don't even know where that story went. One of those people was a woman whose facebook photograph appeared in news paper front pages... for some time. Couldn't these people be prosecuted? What if they were just residents? what happens then?

The citizenship requirement seems weird.

Reply Parent Score: 2