Slashdot is powered by your submissions, so send in your scoop

 



Forgot your password?
typodupeerror
×
Government Security The Courts

US Government Admits It Doesn't Know If Assange Cracked Password For Manning (vice.com) 364

An anonymous reader quotes a report from Motherboard: The U.S. government does not have any evidence that WikiLeaks founder Julian Assange succeeded in cracking a password for whistleblower Chelsea Manning, according to a newly unsealed affidavit written by an FBI agent. Last week, Assange was escorted out of the Ecuadorian embassy in London, and arrested for breaching bail in connection to allegations of sexual misconduct in Sweden. The day of Assange's arrest, the U.S. government unsealed an indictment against Assange with a hacking conspiracy charge. The Department of Justice accused WikiLeaks' founder of agreeing to help Manning crack a password that would have helped the former military analyst get into a classified computer system under a username that did not belong to her, making it harder for investigators to trace the eventual leak.

On Monday, the U.S. District Court for the Eastern District of Virginia unsealed the affidavit, which is dated December 21, 2017. The document contains more details on the interactions between Assange and Manning. And, most significantly, contains the admission that the U.S. government -- as of December of 2017 -- had no idea whether Assange actually cracked the password. Until now, we knew that the U.S. was aware that Assange attempted to crack a password for Manning once, but didn't know if it had more evidence of further attempts or whether it thought Assange was successful. "Investigators have not recovered a response by Manning to Assange's question, and there is no other evidence as to what Assange did, if anything, with respect to the password," FBI agent Megan Brown said in the affidavit.
According to lawyers, the simple offer to help can be considered part of a conspiracy to violate the Computer Fraud and Abuse Act.

"For purposes of a conspiracy charge, it is not necessary for the action to be successful. All that is needed is an overt action in furtherance of the conspiracy, namely Assange's efforts to crack the password for Manning," Bradley, a lawyer at the Mark Zaid P.C law firm in Washington, DC, told Motherboard via email. "That he failed is irrelevant."
This discussion has been archived. No new comments can be posted.

US Government Admits It Doesn't Know If Assange Cracked Password For Manning

Comments Filter:
  • does it matter? (Score:3, Insightful)

    by aepervius ( 535155 ) on Tuesday April 16, 2019 @08:14AM (#58443908)
    Attempting hacking the nsa or us gov is still a crime.
    • As long as he didn't aid/abet and just published what he was given passively then he's protected by longstanding case law around journalism.

      If he crossed that line at any point then he's done for. This is one of the reasons you go to school for Journalism. A big part of your education is law. You have to know exactly what you can and can't publish.
    • Re:does it matter? (Score:5, Insightful)

      by msauve ( 701917 ) on Tuesday April 16, 2019 @11:14AM (#58444788)
      "That he failed is irrelevant."

      But him saying he would isn't proof that he actually tried, either.
  • by Anonymous Coward on Tuesday April 16, 2019 @08:14AM (#58443912)

    The story I always heard was that Assange came into contact with the material way through the means of an anonymous collection process, which forms the basis of how Wikileaks is supposed to work? Or is that all BS too? All the "hacking" was done on Manning's side, which isn't hacking because his job was analyst for the military and working with cables was his job, didn't he just used his own access to steal the information in the first place?

    Or have I got it all wrong here?

    • by jellomizer ( 103300 ) on Tuesday April 16, 2019 @08:23AM (#58443960)

      That was my understanding.
      I am no fan of Assange, but Manning is the real criminal/hero (depending on your point of view) for the leaks. Assange, is just a glorified blogger who is just full of himself.

      • Comment removed based on user account deletion
        • I never stated it was. I just don't like Assange, it doesn't mean I think he needs to go to jail.

    • by AHuxley ( 892839 )
      Thats the problem for the US gov.
      The Pentagon Papers and press freedom is on the side of any US publisher.
    • You have it partly wrong.

      Everything you've described Assange doing is either legal or traditionally-protected journalism. Assange was certainly an asshole about it, but there's nothing that would have been successfully prosecuted in the US...

      The part you didn't mention, which is what Assange is actually charged with, is that at some point in the events, he allegedly offered to help crack a password for Manning. That's not "anonymous collection" anymore. That's a conspiracy to commit an offense (the offense

    • My understanding is they are trying to hit him with a conspiracy change. "Oh you need help? This is how you do blah." He is now involved in the hack.

    • by jeff4747 ( 256583 ) on Tuesday April 16, 2019 @10:45AM (#58444640)

      That was the story until this indictment was unsealed.

      Now, the US government is claiming Assange helped in the leak, which means he's crossed the line into a criminal act. We'll have to see what evidence gets shown in order to evaluate that claim.

      All the "hacking" was done on Manning's side, which isn't hacking because his job was analyst for the military and working with cables was his job

      First, access is not authorized access.

      Second, the UCMJ is not the same as civilian law. Soldiers sign away many constitutional rights as part of joining the military. Part of that is the UCMJ handles leaking classified information differently than civilian law, and can do so because soldiers don't have as strong first amendment rights as civilians.

      For example, if Snowden had just stayed in the US, he probably could not have been charged with espionage. He'd be legally similar to Ellsberg. Once he accepted Russia's asylum offer, he could be charged because he accepted "something of value" from another country - leaking isn't illegal, leaking for money is.

      Manning did not have to accept "something of value" to be charged, because she was subject to the UCMJ and it make the leak itself illegal.

    • ... All the "hacking" was done on Manning's side, which isn't hacking because his job was analyst for the military and working with cables was his job ...

      If Manning wasn't cleared to view the information, then viewing or even attempting to is illegal.

      I'm less clear on Assange's charge:

      "For purposes of a conspiracy charge, it is not necessary for the action to be successful. All that is needed is an overt action in furtherance of the conspiracy, namely Assange's efforts to crack the password for Manning," Bradley, a lawyer at the Mark Zaid P.C law firm in Washington, DC, told Motherboard via email. "That he failed is irrelevant."

      Does that mean that Assange

    • by shanen ( 462549 )

      I could attempt to clarify the chronology, but not for an AC (who was only revealed by the tab).

  • It's not clear to me if Assangs actually attempted to crack the password of simply said he would in a chat.

  • by fortythirteen ( 5606969 ) on Tuesday April 16, 2019 @08:38AM (#58444030)
    I say this as a general supporter of Wikileaks:

    If the US actually has correspondence between Assange and Manning, where Assange offers to crack a password (successful or not), then it would completely destroy Wikileak's pure journalism claims and Assange is guilty of attempted espionage.

    The question at hand is whether they actually have that hard evidence or if they just finally broke Manning, who was tortured for years in a solitary + lack of sleep environment, and got her to say that Assange offered to assist.
    • by AmiMoJo ( 196126 ) on Tuesday April 16, 2019 @09:00AM (#58444114) Homepage Journal

      If the US actually has correspondence between Assange and Manning, where Assange offers to crack a password (successful or not), then it would completely destroy Wikileak's pure journalism claims and Assange is guilty of attempted espionage.

      Not at all. Journalism does sometimes involved doing things without authorization in order to expose greater crimes. Examples include secret recordings, trespassing, and taking prohibited photographs. For example, it would be impossible to report on some of the things that happen in North Korea if journalists obeyed all NK laws.

      • by fortythirteen ( 5606969 ) on Tuesday April 16, 2019 @09:36AM (#58444260)

        Examples include secret recordings, trespassing, and taking prohibited photographs.

        And those are still crimes. The journalist runs the risk of being arrested for them, regardless of their justification for wanting info (which is subjective opinion). A state sponsored "journalist" certainly isn't working for the greater good if they trespass to get info.

        Also, there's an even bigger difference between trespassing to get info and picking a lock before you trespass.

      • by Graymalkin ( 13732 ) * on Tuesday April 16, 2019 @09:59AM (#58444400)

        You're skirting a fine line there. Assange and Wikileaks were in active communication with Manning and helping her hack into systems or at least offering to do so. If a Washington Post reporter did the same thing and had the same evidence trail, they would be arrested and likely convicted as well. Being a member of the press is not a magic get out a jail free card or blanket immunity against being convicted for crimes.

        Coercing someone to hack into a system to see what's there isn't really journalism. Helping someone do the hacking also isn't journalism. Simply publishing the hacked documents with no redaction or concern for PII in them (that can lead to retaliation against informants etc) also isn't journalism. Chelsea Manning was just angry/disaffected and wanted to lash out against the Army/USG. That again isn't journalism. If I hacked into a server at work and stole of random documents and dumped them online that wouldn't be journalism either.

        • by AmiMoJo ( 196126 )

          It's one of those grey areas. Technically it's a crime, and is one of the reasons why journalists are allowed to protect their sources where freedom of the press is strong. But also it's understood that if some serious crimes are uncovered in the process it's unlikely that a jury would convict the journalist anyway, i.e. jury nullification, or in countries like the UK the Crown may decide the prosecution is not in the public interest.

      • Examples include secret recordings, trespassing, and taking prohibited photographs

        And if a journalist does those, they can be charged with making an unauthorized recording, trespassing and taking prohibited photographs.

        They can't be charged (in the US) with publishing the result of those acts.

        Assange is currently charged with conspiracy for unauthorized access to a computer system. He can't be charged with espionage (based on what information is currently public).

      • The key difference OP is pointing out is that if Manning cracked the secrets and gave them to Wikileaks, then Assange is in the clear. Manning is the discoverer of the secrets, Assange is the journalist relaying the secrets to the public.

        But if Assange participated in cracking the secrets, then he is no longer functioning entirely in the capacity of a journalist (publicizing important information). Actively participating in cracking the secrets is espionage, and goes beyond journalistic license.

        I sup
        • by AmiMoJo ( 196126 )

          It's a gamble for journalists. If they suspect there is evidence of a crime and think that they could expose it by committing a minor offence they may choose to do so, and either accept the consequences or argue that their actions were in the public interest so no punishment should be metered out.

          Technically a lot of journalists broke the law by publishing some of the documents that Manning and Snowden provided. They were harassed but not prosecuted in the UK. Where Assange's defence is weak is that he didn

      • So, you are saying it would be OK to break into your house to look for evidence of a crime as long as a journalist does it, yes?
    • Of the 13 comments currently moderated as insightful, I think yours [fourtythirteen's] is probably the highest concentration. I feel like your underlying analysis is probably similar to mine as of several days ago, and you led me to a new thought:

      Why doesn't Assange use a Trumpish defense? Either "I was only joking when I suggested Manning commit a crime" or "I was just telling Manning what some other people say about how to hack passwords".

      My real objective is to find comments offering a better analysis th

  • since the proper security response is to accept the fact that all his credentials are public domain and act accordingly.

    Just my 2 cents ;)
  • Attempting to crack it, even claiming to be attempting to crack it is actions in furtherance of the conspiracy.

Ocean: A body of water occupying about two-thirds of a world made for man -- who has no gills. -- Ambrose Bierce

Working...