January 4, 2021
Today, a British judge denied the Trump Administration’s extradition request for Wikileaks Editor Julian Assange, who is facing charges in the United States under the Espionage Act and the Computer Fraud and Abuse Act. The judge largely confirmed the charges against him, but ultimately determined that the United States’ extreme procedures for confinement that would be applied to Mr. Assange would create a serious risk of suicide.
EFF’s Executive Director Cindy Cohn said in a statement today:
“We are relieved that District Judge Vanessa Baraitser made the right decision to reject extradition of Mr. Assange and, despite the U.S. government’ initial statement, we hope that the U.S. does not appeal that decision. The UK court decision means that Assange will not face charges in the United States, which could have set dangerous precedent in two ways. First, it could call into question many of the journalistic practices that writers at the New York Times, the Washington Post, Fox News, and other publications engage in every day to ensure that the American people stay informed about the operations of their government. Investigative journalism—including seeking, analyzing and publishing leaked government documents, especially those revealing abuses—has a vital role in holding the U.S. government to account. It is, and must remain, strongly protected by the First Amendment. Second, the prosecution, and the judge’s decision, embraces a theory of computer crime that is overly broad — essentially criminalizing a journalist for discussing and offering help with basic computer activities like use of rainbow tables and scripts based on wget, that are regularly used in computer security and elsewhere.
While we applaud this decision, it does not erase the many years Assange has been dogged by prosecution, detainment, and intimidation for his journalistic work. It also does not erase the government’s arguments that, as in so many other cases, attempts to cast a criminal pall over routine actionsbecause they were done with a computer. We are still reviewing the judge’s opinion and expect to have additional thoughts once we’ve completed our analysis.”