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July 31, 2010 4:16 PM PDT

Researcher detained at U.S. border, questioned about Wikileaks

by Elinor Mills

LAS VEGAS--A security researcher involved with the Wikileaks Web site was detained by U.S. agents at the border for three hours and questioned about the controversial whistleblower project as he entered the country on Thursday to attend a hacker conference here, sources said Saturday.

He was also approached by two FBI agents at the Defcon conference after his presentation on Saturday afternoon about the Tor Project.

Jacob Appelbaum, a Seattle-based programmer for the online privacy protection project called Tor, arrived at the Newark, N.J., airport on a flight from Holland on Thursday morning when he was pulled aside by customs and border protection agents, who told him that he was randomly selected for a security search, according to the sources familiar with the matter, who asked to remain anonymous.

Appelbaum, a U.S. citizen, was taken into a room and frisked, and his bag was searched. Receipts from his bag were photocopied, and his laptop was inspected, the sources said. Officials from Immigration and Customs Enforcement, and from the U.S. Army then told him that he was not under arrest but was being detained, the sources said. The officials asked questions about Wikileaks, asked for his opinions about the wars in Iraq and Afghanistan, and asked where Wikileaks founder Julian Assange could be found, but Appelbaum declined to comment without a lawyer present, according to the sources. Appelbaum was not permitted to make a phone call, the sources said.

After about three hours, Appelbaum was given his laptop back, but the agents kept his three mobile phones, sources said.

Asked for comment, Appelbaum declined to talk to CNET. However, he made reference to Defcon attendees about his phone getting seized. Following a question-and-answer session after his talk on the Tor Project, Appelbaum was asked by an attendee for his phone number. He replied, "that phone was seized."

Shortly thereafter, two casually dressed men identified themselves as FBI agents and asked to talk to him.

"We'd like to chat for a few minutes," one of the men said, adding, "we thought you might not want to." Appelbaum asked them if they were aware of "what happened to me," and one of them replied, "Yes, that's why we're here."

"I don't have anything to say," Appelbaum told them. One of the agents said they were interested in hearing about "rights being trampled" and said, "sometimes it's nice to have a conversation to flesh things out."

Marcia Hofmann, an attorney at the Electronic Frontier Foundation, was in the room and asked if the agents were at the event in an official capacity or for personal reasons. "A little of both," one of them said.

Appelbaum asked when his equipment would be returned, and one of the agents said, "We aren't involved in that; we have no idea," and walked away when Appelbaum declined to talk further.

The agents declined to identify themselves to CNET. They said they were attending the conference and declined to talk further.

Appelbaum is a hacker and security researcher who co-founded the Noisebridge hacker space in San Francisco's Mission District. He has also worked to bypass the security of "smart" parking meters, unearth flaws in Web security certificates, and discover a novel way to bypass hard-drive encryption.

At the Next HOPE hacker conference in New York in mid-July, Appelbaum filled in for Assange, the controversial figure who has become the public face of Wikileaks. Assange skipped his appearance at Next HOPE on the expectation that Homeland Security agents would be looking for him. After his own presentation at Next HOPE, Appelbaum made a hasty exit and hopped on a flight to Europe.

Jacob Appelbaum at Next HOPE conference

Jacob Appelbaum, Wikileaks contributor and Tor Project programmer, speaks at the Next HOPE hacker conference in mid-July.

(Credit: Declan McCullagh/CNET)

While he was on stage at Next HOPE, Appelbaum urged the largely sympathetic audience to support Wikileaks by volunteering or by donating money, by addressing recent criticisms of the document-publishing Web site, and by boasting that Wikileaks remains uncensorable. "You can try to take us down...but you can't stop us," he said. He also challenged modern U.S. foreign policy and called for civil disobedience in the form of exposing heavily guarded secrets.

Appelbaum told the Next HOPE audience that though he's significantly involved in Wikileaks, he has no access to classified U.S. data that may have been sent to the site.

Wikileaks has been in the spotlight since it posted a video in April of a U.S. airstrike in Iraq in 2007. The video showed an Apache helicopter shooting at a group of people on the street and at a van that pulled up to rescue the injured. Several children were wounded, and two Reuters journalists, along with unarmed Iraqi civilians, were killed. The episode generated an outpouring of antimilitary sentiment.

The release of the video was tied to U.S. Army intelligence analyst Bradley Manning, who was arrested in June at a military base near Baghdad. Hacker Adrian Lamo confirmed to CNET that he had informed U.S. officials that Manning had confessed to leaking the video and other materials.

About a week ago, Wikileaks released more than 75,000 confidential files related to the war in Afghanistan, prompting White House, National Security Agency, and other U.S. officials to condemn the site and launch an investigation.

The Afghan War Diary page on Wikileaks was recently updated to include a mystery file entitled "insurance." It's unclear what the file contains because it is encrypted.

(CNET's Declan McCullagh contributed to this report.)

Updated at 5:25 p.m. PDT with background on Wikileaks.

Elinor Mills covers Internet security and privacy. She joined CNET News in 2005 after working as a foreign correspondent for Reuters in Portugal and writing for The Industry Standard, the IDG News Service, and the Associated Press. E-mail Elinor.
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by countrugen987 July 31, 2010 4:42 PM PDT
This guy, his organization, and whoever leaked the classified material, are slime.
Reply to this comment 35 people like this comment
by karel3d July 31, 2010 5:05 PM PDT
The "best" thing is - he just runs Tor, that has nothing to do with wikileaks.
1 person likes this comment
by j3them1u5 July 31, 2010 5:06 PM PDT
No, the fascists who detained him are slime, as are their mindless cheerleaders.

Be strong Jake, you're doing a world of good.
52 people like this comment
by karel3d July 31, 2010 5:06 PM PDT
OK sorry, I was wrong, ignore my last comment. He is a WL contributor.
1 person likes this comment
by karel3d July 31, 2010 5:15 PM PDT
(ignore my previous comment, I was wrong)
4 people like this comment
by ajx1 July 31, 2010 11:01 PM PDT
so all journalistic organizations, like new york times, are slime? New York Times released the "Pentagon Papers" in the same way that the documents were released about this war. The secret documents illustrate that most of the people who are killed in this war are innocent civilians.
25 people like this comment
by ghentForever August 1, 2010 6:35 AM PDT
You are the slime. Wikileaks exposed the brutal slaughter of journalists in Afghanistan by US soldiers in a copter.
18 people like this comment
by countrugen987 August 1, 2010 9:03 AM PDT
News Flash: war is ugly and brutal and innocent people die. I would think that would be obvious after several millenia. These classified documents are not damning, nor eye-opening, nor even pointing out anything new, all they do is undermine the US and partners, soldiers in field, and Afghani citizens putting their lives on the line to make their country a safer place.

If you truly think these documents show America being "evil"...go live with the Taliban for a while.
22 people like this comment
by SteamChip August 1, 2010 1:54 PM PDT
>> Wikileaks exposed the brutal slaughter of journalists in Afghanistan by US soldiers in a copter.<<

New Yorker piece [newyorker.com]commented on the leaked video and noted that

These pieces of missing information are not just inherent limitations in video. The producers themselves have chosen not to provide them. There appears to be a purpose to the omissions, which is underlined by the Orwell quote at the start, the prefatory explanation, the quotes and dedication at the end, even the way the helicopter crew?s cruel remarks are edited in a few places for effect. Although the producers identify the camera of the Reuters journalist who, along with his assistant, will be killed by Apache cannon fire, they don?t point to the AK-47 or the RPG launcher carried by other men with whom the journalists are walking in a group. Stripped of much context and weighted with commentary, this video is both an important document of the war, courageously leaked after the military had steadily refused to release it, and, in its way, a propaganda film
6 people like this comment
by maxenem August 2, 2010 5:09 AM PDT
why because the whole world now see's how america breaks international law like it means nothing?
5 people like this comment
by cosuna August 2, 2010 8:08 AM PDT
@Countrugen987: Let's not forget that was precisely the path that Nazi Germany followed from 1929 till 1939. First, defense of the Motherland, then Lebensraum, continuing with quotes on the Gestalt and finally intolerance and the Holocaust.

If you don't want the U.S. to descend into that realm, don't defend this FBI/SS guys. Nobody's gonna be intimidated by this creeps. It's good Obama reads CNET so he's aware of this stuff. I know he's being briefed at this moment of this PR fiasco.
7 people like this comment
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by John0832 July 31, 2010 4:54 PM PDT
Guess what, you're a member of an organization that leaked classified material. You're gonna get searched. They were probably curious if he had any more classified info on his person.
Reply to this comment 23 people like this comment
by EdCenter July 31, 2010 5:55 PM PDT
He should be glad that Wikileaks was releasing classified US files while attending a hacker conference IN THE US. Imagine how he would've been treated had he been part of an organization that released classified files of another country (like China) and was attending a hacker conference (in say, China).
13 people like this comment
by nixermac July 31, 2010 11:19 PM PDT
@EdCenter

That is the difference of being in US and China. In the US of A we are free and we have the right to question. The documents that have been released so far mainly point to wrong doings by partners of US and not US itself. I am proud of our soldiers and believe that the backend support to them is strong too. Sometime it is important to know how our "friends" are faring and we must be able to let the world know that these people are double-faced scums. [The Pakistanis] are sleeping with the enemy while pretending to support the US and just for what? The darn millions of tax payer money. So, do we not deserver to know where our hard earned money goes? Helping countries that support our enemies? ***. [CNET editors' note: Prohibited content deleted.]
10 people like this comment
by solitare_pax August 1, 2010 12:57 AM PDT
What EdCenter implies is that in the U.S. he at least has the veneer of rights and freedoms - oh, customs will make it difficult for him, the FBI will want to 'talk' to him, the government will hassle him - and he will be able to speak his mind and get the story out to the press.

In China (or most other oppressive regimes) he would vanish into a prison system for years without being heard from as friends and family try in vain to get him out.

Our system may not be prefect - but it is somewhat better than most.
7 people like this comment
by ghentForever August 1, 2010 6:37 AM PDT
Wikileaks exposed the brutal slaughter of journalists in Afghanistan by US soldiers in a copter. It was committed by US soldiers, not partners.
4 people like this comment
by synchxts August 1, 2010 1:45 PM PDT
@ nixermac

There is a difference here. Listen to this guy's comments as well as Assange's. They both hate the U.S. and the military. They are not doing this for free speech, to help the U.S., or to expose problems with U.S. partners. They are doing it to hurt America for purely political reasons. Applebaum is, imo, a traitor if he is connected with this site and his own words at this conference damn him. He's a traitor who should face the consequences if it can be proven he is involved.
8 people like this comment
by facts_and_fun August 1, 2010 5:06 PM PDT
Reading all these comments I really believe that we need stuff like Wikileaks.. we need to have places for people to put things that would kill them.. Wikileaks has already exposed a lot to things that are also against countries that are not "aligned" with the US. If you go along, wikileaks has disclosed things on corruption on Kenya, and so on.

Do not blame on the tool, blame on the person that sent the documents!!! That person should be held accountable for all acts, not the tool.
2 people like this comment
by SteamChip August 1, 2010 6:59 PM PDT
>>Wikileaks exposed the brutal slaughter of journalists<<
To understand the "atrocities" it is useful to understand the situation. These journalists were among people who appeared to be insurgents armed with at least an RPG (dangerous to a helicopter) and an AK 47 (less dangerous but still belonging to an enemy combatant). Though camera and other journalist accouterments are visible, in the midst of an armed engagement, these things can be overlooked / misidentified in view of the greater threat of the RPG and other weapons.

Additionally, it may not be entirely unreasonable to consider the journalists to be insurgents themselves, out to film the result of their actions. It does not appear these journalists were carrying any sort of flags or other identifiers that would mark them as neutrals or target verboten.

The filmed deaths of Noor-Eldeen and Chmagh are graphic examples of what may occur after grabbing a camera walking around with men caring AK 47's and RPG's in this type of environment.

Additionally, its a good idea to leave the children at home as well.
4 people like this comment
by rdupuy11 August 2, 2010 6:58 AM PDT
@EdCenter,

As long as it's worse in China then we are OK then? Becareful you'll run out of countries that are worse soon.

The reality is the U.S. we once knew already doesn't exist, having been replaced by a state that doesn't care about right, and does care about protecting the state. And in essence, that is exactly like China.
4 people like this comment
by July 31, 2010 5:10 PM PDT
Thank you for everything that you do, Assange and Co.

I, for one, would like to see this country and its administration made accountable [among many others] for its atrocities. We complain that Wikileaks might put human lives at risk, yet we fail to account for the human lives we have already unjustly taken.

We manipulate the world and lives are forever changed for our selfish desires. We lie to our own people and hold illegal wars to place our stake in countries where we don't belong.

Wikileaks removes the blindfold from ignorant sheeple and gives the world a chance to see reality... might people actually be intelligent enough to interpret the material placed in front of them.
Reply to this comment 27 people like this comment
by Adam-M July 31, 2010 6:01 PM PDT
In laymans terms "This country is so horrible"

If you don't like the country move. Don't let the door hit you on the way out.
21 people like this comment
by redmarine July 31, 2010 6:32 PM PDT
Even though I agree with the wikileak part the rest of your comment is trash. As the guy said above, if you don't like America ****.
5 people like this comment
by marisag July 31, 2010 7:57 PM PDT
Adam, grow up. I don't want to move, but I want this country to improve. Like it or get out is really a meat headed statement. There are plenty of things I want to change, it doesn't make me either unpatriotic or an America Hater, it makes me a concerned American, who thinks that the Military, CIA, FBI, etc. shouldn't be allowed carte blanche to do what they want. We need oversight and since the government can't seem to do it for themselves, the people shall.
35 people like this comment
by Adam-M July 31, 2010 8:26 PM PDT
@marisag

Things happen war is ugly.

The reason these documents are hidden is because people can't seem to take the truth that war is ugly. There is casualties and sometimes people die even by accident but that is just how it is. This is not coming from a conservative or a republican but a liberal democrat that realizes war is not pretty.
4 people like this comment
by skreee July 31, 2010 8:40 PM PDT
@Adam-M and redmarine: Pathetic. I didn't realize dissent was an undesirable and illegal sentiment in the United States of America. Our country is drowning in the ignorant and childish cries of "traitor" and "Benedict Arnold" by folks like you. Dissent and debate are what make this country great. Arguably, they are our most important national ideals. As much as I disdain Tea Party ignorance on the right (and regrettably and wacky ultra-socialists on the far left, I value the fact that their opinions are useful to contextualize the current state of debate in this country. They give us the knowledge of what ideas we need - and more often, do not need - to move forward.

Sure, we can continue down the road of preemptive wars, secretive unsupervised agencies (and whole departments), bailing out corporations, and letting 45 million of our citizens go without healthcare, but that only leads one place. Failure. Slow and gradual, eventually fizzling out. Like every great world power before us, we can choose to look back on our past greatness and move forward, or we can try to flex our muscles and get bogged down fighting insurgent forces for no discernible goal, stoking domestic extremism, and maxing out our credit cards.

In layman's terms: Try thinking critically. Stop swallowing talk-show banter as fact. At your peril, and all of ours, disregard that we are a country in a fundamentally different position than we were just 50 years ago.
31 people like this comment
by olive_juice_mean_I_love_u July 31, 2010 10:16 PM PDT
@Adam-M and redmarine
"If you don't like the country move. Don't let the door hit you on the way out."

Argument By Dismissal

you didn't say why he is was wrong

I suggest you two should read up on logical fallacies.
6 people like this comment
by bbozz11 July 31, 2010 10:23 PM PDT
@Adam-M and @redmarine:

You do realize this is already happening, right? If you don't know, allow me to clue you in on the fact that there are many Americans who are preparing to leave the US. Our schools are in dire straights, 1% of the population is in jail at any point in time, the economy is dead for at least another 10 years, and the government is utterly incompetent to do anything about any of this.

Now if the Americans leaving were fast food workers, who cares? However, those who are leaving are the entrepreneurs. These are the people who could lift the economy out of the great "whatever" we are in right now. Canada is making a major play for American companies, as is France. Lets add to the fact that most new companies that are started (not as a tax shelter) are started outside of the US. Add on to that, the fact that any significant growth in the next decade is going to come in Asia, and well a lot of people are walking away from the US.

The USA is NOT a great country anymore. If you don't like hearing that, then go back to your "rah-rah! snooze stations". And yes, we will make sure your broke-ass door does not hit us, and the vast intellectual resources we possess, on the way out.

Enjoy being somone's *****!!
11 people like this comment
by Adam-M July 31, 2010 10:59 PM PDT
@bboz

And your sources are where?
1 person likes this comment
by joe_bloggs_who August 1, 2010 2:03 AM PDT
We will shape your thoughts for you lest you become confused while thinking for yourselves.
We will suppress dissent so that others may speak freely.
We will restrict your freedom in order to protect your freedom.

To put it succinctly, as George Orwell did in Nineteen Eighty-Four:
War is peace.
Freedom is slavery.
Ignorance is strength.

Reich Marshal Hermann Goering couldn't have said it better: "The people can always be brought to the bidding of the leaders. That is easy. All you have to do is to tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger."
6 people like this comment
by cbscowards August 1, 2010 4:07 PM PDT
"hold illegal wars to place our stake in countries where we don't belong."

Everyone here seems to forget why we are in Afghanistan: Because we were attacked without provocation, and thousands of our citizens were killed. What about those innocent lives that were lost?
1 person likes this comment
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by mactx July 31, 2010 5:16 PM PDT
a person with his knowledge and background probably wouldn't be traveling across borders with classified materials on himself so I don't see with the point was in his detainment by US-ICE. not to mention any questionable data on his electronics would probably be heavily encrypted (think encrypted data, within encrypted folder within encrypted folder going who knows how deep).
Reply to this comment 1 person likes this comment
by solitare_pax August 1, 2010 1:02 AM PDT
For that matter, and sensitive encrypted material could've been put onto a Micro-SD card and hidden somewhere on his person. I doubt a metal detector would pick something that tiny up.
by truthiness79 July 31, 2010 5:23 PM PDT
"He also challenged modern U.S. foreign policy and called for civil disobedience by way of exposing heavily guarded secrets."

i was sympathetic with Applebaum until I read that line. some crazed intelligence analyst gave them thousands and thousand of classified "but not really secret" documents, and they decided to release them publicly. fine, i can understand that logic. but encouraging people to expose actually classified intelligence? thats just irresponsible. im guessing this guy also applauds Google security researcher Tavis Ormundy for releasing the exploit for Windows XP before Microsoft had a chance to patch it. theyre all just nothing more than pathetic nobodies looking for their 15 minutes of fame.
Reply to this comment 15 people like this comment
by n3td3v July 31, 2010 11:10 PM PDT
Tavis Ormandy is a jackazz.
2 people like this comment
by n3td3v August 1, 2010 1:57 AM PDT
Thursday, 29 July 2010

Pwnie Awards seem to have snubbed Tavis Ormandy Windows Help Center vulnerability after criticism and campaigning by n3td3v Security and other members of the security industry, in that awarding Gaffi? or Ormandy would-be totally immoral and wrong.

n3td3v Security had challenged Pwnie judges to change their mind both privately by email and publicly on news groups, mailing lists, news article discussions, Twitter and on our blog days before award ceremony was due to take place at the Black Hat, Las Vegas, NV USA-based security conference, to avoid an Ormandy win on the basis of social responsibility.

Tavis Ormandy was behind the irresponsible disclosure in which he demanded Microsoft fix a critical flaw within 60 days, and because they didn't agree, Ormandy fully disclosed all technical details within 5 days to the public domain, leading to cyber attacks in the wild by hackers.

Ormandy was criticised by many industry experts as soon as the disclosure was made.

Instead, client-side bug winner went to Sami Koivu who wasn't originally a nomination, but seems to have been fast-tracked as a replacement to avoid Tavis Ormandy being the winner, and wasn't announced on the web site that he was even a contender until after the awards had taken place, this was very much a last minute action by Pwnie Awards.

Read More: http://n3td3v.blogspot.com/2010/07/pwnie-awards-2010-snub-tavis-ormandy.html
1 person likes this comment
by bluemist9999 August 1, 2010 5:43 AM PDT
I agree here. Exposing those guarded secrets can cost the lives---not of Americans, but of those who want to help us. Think the extremists are going to just forgive those people? Or that those people (and their families, most likely) will be publicly tortured horribly then executed, and their bodies put on display as a warning?

Is that worth exposing the horrors of war? Causing the deaths of hundreds or thousands of innocent people?

The Pentagon Papers aren't a fair comparison, because they related strictly to Americans, and the illegal snooping done by various government agencies on Americans.

There are ways to express the displeasure with the horrors of war, and the tragedies of the deaths of innocents, without adding to the body count.
6 people like this comment
by ij57 July 31, 2010 6:04 PM PDT
My biggest fear is that these people REALLY don't know what they're doing.
They are young and want to challenge the "system", okay, but they don't understand the damage they may be causing.
Reply to this comment 16 people like this comment
by OmegaWolf747 July 31, 2010 6:53 PM PDT
I'm not surprised Applebaum was targeted. If the government didn't like Wikileaks before, it must hate it now that those Afghanistan documents were leaked.
Reply to this comment
by imgx64 July 31, 2010 7:22 PM PDT
I really don't understand why they still hold Defcon in the USA. With all the harassment they get from the authorities, you'd think they'd hold it somewhere else, like Mexico.
Reply to this comment 5 people like this comment
by Librum July 31, 2010 7:54 PM PDT
So you think Mexico is a safer and freer place than the United States to hold a conference like that? I think it speaks volumes that they do hold it here, and nowhere else.
1 person likes this comment
by nixermac July 31, 2010 11:27 PM PDT
US is the most free nation in the world where one can ensure to get out if they have nothing to hide, even if challenging the decisions of the government. Say that about any other country? I guess you will not find one. Wake up and be proud to be part of USA.
4 people like this comment
by ddesy August 5, 2010 9:12 AM PDT
@nixermac

If you have nothing to hide, it doesn't mean you are safe. Not since Bush changed things.

Well, at least things are a little better now.
by krosafcheg July 31, 2010 7:43 PM PDT
Random search my azz
Reply to this comment 3 people like this comment
by marisag July 31, 2010 8:01 PM PDT
All our wars in the past 60 years have been wrong. All places we shouldn't have gotten involved in, so many American lives lost for wars in countries that didn't pose a threat to American Soil. Wikileaks is disseminating information that the people should know. This government has far too many secrets in the name of "national security". Under that guise, we can kill anyone for any reason and hide it...and I'm sure that happens all the time. Sorry, but we are AMERICA, we should be better than that. We should ALWAYS take the high road so that we may hold our heads high, not hang them in shame.
Reply to this comment 4 people like this comment
by debasisg July 31, 2010 10:47 PM PDT
I heard American soldiers competed for promotion by body counts in Vietnam. They shot even little children indiscriminately. In fact, they are well documented by some historians. However, US authors won't put them in your history textbooks.

After many decades of hateful foreign policy, it is the first time we are seeing some fresh air in Obama foreign policy. Not everything is good or perfect. But some are.
4 people like this comment
by cbscowards August 1, 2010 4:14 PM PDT
We invaded Afghanistan because they were giving refuge to the enemy that attacked and killed 3000 innocent civilians on our soil. How is that being wrong? Everyone here seems to forget that as the paint the US as the villains and Wikileaks as the crusading heroes.
3 people like this comment
by tango_fox1 August 1, 2010 8:08 PM PDT
So you're saying that the USA shouldn't have gotten involved in WWII? While Vietnam was not a popular war (no war is ever popular to those who actually serve there) and there were unfortunately some atrocities on both sides but have you not read what Pol Pot and his men did to their own people Can you imagine how much more would have died if the US had not been involved. As someone looking from the outside America is great because you do have the right to criticize but unfortunately alot of your people forget about the responsibilties that come with rights and that's sad.
3 people like this comment
by rhar75 August 2, 2010 6:40 AM PDT
I wouldn't say all... some were correct in principle. As many people here seem to believe US didn't enter WWII out of any altruistic intentions, they did it because they were attacked else they would have stayed neutral. Once they got that out of the way, they seemed to suddenly jump to the other extreme and pretty much interfere in countries throughout the world under the guise of opposing the spread of communism. How many lives did that cost? Do people sitting here at home in a developed country pampered to the hilt even realize it? The current war and the attacks on them are the direct result of this interfering policy. Eventually, you sow what you reap.

Though they are doing the correct thing now, imagine they had the correct thing long back by not supporting the Af-pak nexus. It took them a loss of 1000 lives to suddenly become all righteous and invade an already war-ravaged country. My heart goes out to the all foot soldiers who are paying the price for political and policy decisions.

In war, there are no winners or losers. There are only dead people. The sooner we realize the wold will be a better place.
4 people like this comment
by zmonster August 2, 2010 9:47 AM PDT
cbscowards said, "We invaded Afghanistan because they were giving refuge to the enemy." Afghanistan?? Did you forget that we also invaded Iraq, a country that had absolutely positively nothing to do with 9/11, and ran up a $1 TRILLION bill in the process?
7 people like this comment
by E McCann August 2, 2010 11:23 AM PDT
"All our wars in the past 60 years have been wrong. All places we shouldn't have gotten involved in, so many American lives lost for wars in countries that didn't pose a threat to American Soil"

While I agree in some instances (such as the current situation in Iraq,) tell that to someone in South Korea or Kuwait. Look up what the N. Koreans were doing in territory they held, or some of the actions of the VietCong against civilians. Or go back a little farther and look up "Nanking."

Wikileaks, IMHO, is behaving irresponsibly. Yes, civilians get killed in a war. That's been true for millenia. Yes, there are friendly fire incidents. Also true throughout human history. The difference now? The media - who also tend towards irresponsibility at times - and the immediate access to information for the general public to take (or misconstrue) however they want.

The US isn't perfect. Anyone who says it is is a fool. But by the same token, so is a blanket statement that "every war we've been in for the past 60 years has been wrong." We've made mistakes - sometimes in how we've handled a conflict (Vietnam, one big example of letting the media run the war,) or in not following through properly (our current situation in Afghanistan vs the Taliban - what would have happened if we'd helped rebuild after the Soviet pullout? Or kept the Iraqi military employed and helping to rebuild their own country - instead of letting loose several now-unemployed, armed and defeated people loose with no future? Is it any wonder that was a ripe recruiting ground for insurgency?)

But Wikileaks just releasing documents "because they're secret?" It's easy to count deaths directly by bullets and bombs. It's harder to measure the impact a document has in helping track down an informant, terrorizing a village in reprisal, or throwing boulders in the way of assistance and relationships between countries because an *opinion* in a classified document gets leaked.
2 people like this comment
by blrhead July 31, 2010 9:09 PM PDT
wiki who? that's what I would have said.......
Reply to this comment 3 people like this comment
by Lifeofthemind July 31, 2010 9:47 PM PDT
The United States is in a state of war as declared by Congress. The Authorization on the Use of Force has the full legal effect, that has already been adjudicated. There are six ways that someone can give aid and comfort to the enemy during wartime.
1. They can be enemy civilians engaged in commerce that strengthens the enemy war effort. They may be subject to a certain level of violence and their physical environs may be targeted subject to certain restraints. They are generally protected from genocide and abuse, especially after surrender.
2. They may be neutrals trading with the enemy and subject to interdiction by blockade and possible violence if they attempt to resist or evade. While in territory controlled by the enemy they have no greater or special protection than the local civilians do, less if they associate deliberately with the government or armed forces of the enemy. This applies to Journalists and NGO agents who sometimes think that they deserve a special status.
3. Clergy, medical staff and neutral diplomats are entitled to special protection, and there are guidelines on how they should identify themselves.
4. They can be Lawful Combatants serving in the armed forces of the enemy while wearing a distinct uniform or device and subject to regular military discipline. They are entitled to Geneva Convention protections.
5. They can be unlawful combatants or pirates who are considered the common enemy of humanity (hostis humani generis) and who are not subject to the protections of the Geneva Convention.
They can be enemy agents who infiltrate to commit destruction (sabotage or terrorism) or to steal secrets (espionage) or foment rebellion (subversion.)
7. They can be citizens or subjects of one country giving aid to those the country is at war with. They are traitors. In the United States the crime of treason is defined in the Constitution.

The wikileaks project was openly designed to aid the forces that the United States is at war with. Persons who assisted the war effort are named and can be expected to be killed, as can their families. Further cooperation will be difficult to obtain and that will cost American lives and ensure either defeat or a longer and more brutal war. Mr Assange is not a US citizen. He therefor may be liable to charges of accessory to murder, for the Afghans whose live will be forfeit, and espionage.

Assange could be seized either through the assistance of a friendly government or by agents of the US, such as the DEA or CIA, who may be authorized to deliver him to US jurisdiction. Any complaint about how he gets placed in US custody would be a diplomatic matter between the two countries but would not be a barrier to prosecuting him once he found himself under US control. If DEA agents seize a drug dealer in Mexico and bring him over the border without getting the Mexican governments permission the arrest is still good.

Mr Applebaum is I believe a US citizen. US citizens are free to disagree with government policy. If they provide material assistance to a foreign person or organization that engages in Espionage they could not only be charged with that crime but also the additional crime of treason. Mr Applebaum's bland assurance that he had nothing to do with anything classified not withstanding I would expect the government to inspect him so thoroughly that every scintilla of information he could posses about wikileaks and Mr Assange and information networks is laid bare. He should be considering the real possibility of spending decades without the ability to access any means of electronic communications. If he is found to be complicit in this conspiracy then he should be denied even the possibility of accessing a telephone, let alone a computer. He could communicate with his lawyers using pen and ink.
Reply to this comment 11 people like this comment
by diogratia August 1, 2010 12:19 AM PDT
"The United States is in a state of war as declared by Congress. The Authorization on the Use of Force has the full legal effect, that has already been adjudicated. "

The War Powers Act of 1973, Public Law 93-148, SEC. 5. (b):

Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.

The War Powers Act differentiates between War and authorization to use military force. The Constitution neither provides the form for declaring war, nor a definition of war. If you were to look up 'state of war' in Webster's you'd find that it refers to a legal state created and ended by official declaration. The Authorization for Use of Military Force Against Terrorists (Pub.L. 107-40, 115 Stat. 224, enacted September 18, 2001) is subject to Section 5 (b) of the War Powers Act which has no provision for Congress calling an end to an authorization which can expire as noted above. The authorization can be superceded by Congress declaring war.

It's probably safe to to say that the United States has authorized the use of War Powers. It doesn't appear Congress has declared war, which might explain why the economy is not on a war footing, nor has the draft been re-instituted. You could note various Federal laws with clauses providing more executive power during time of war. It might be interesting to see test of those when War Powers are invoked.
2 people like this comment
by BARTELS1 August 1, 2010 2:03 AM PDT
Problem is Assange is an Australian citizen. Strong allies of the US.
3 people like this comment
by andrewh1112 August 1, 2010 1:34 PM PDT
Haha, yes, the "arrest" is still "good" even if US agents don't have any legal rights to do so in a foreign country... That's called "kidnapping" in legal terms, Mr. Out-of-his-mind.

Mr. Assange cannot be a "traitor" to a nation he has no ties to!

Now, I really hate people like you, blind nationalists, you are not even able to think critically. You really want your agents to act like that outside the US? What if European, Asian, African or South American agents decide to do the same? We would love to drag George W. Bush in front of a court for crimes against humanity!

Let's face the fact that the US is waning, the future belongs to the BRIC nations. Do you really want China to act just like you suggested? They will be the most powerful nation soon enough.

In case you didn't notice the US is not the world police just a cowardly BULLY!

P.S. Your sadistic "wet dream" of torturing Mr. Appelbaum is already done for, if you read the article you would know he left for Europe.
1 person likes this comment
by a100024 August 1, 2010 1:49 PM PDT
By the way it seems that wikileaks.org servers are in pretty neutral country "IP: 88.80.13.160
IP Location: Stockholm, Sweden"... like thepiratebay.org.

One can not stop sharing of information like copyrighted games, music or in this case war diaries. World is transparent and it is good and/or bad depending on point of view.
3 people like this comment
by joe_bloggs_who August 2, 2010 1:19 AM PDT
@Lifeofthemind, what utter hubris!

You talk about targeting civilians who participate in commercial activities that supposedly strengthen the enemy war effort. Well, every civilian who works for a living is helping his or her country's economy in one way or another. By your definition, anyone who has a job in a country deemed hostile by your government should expect a good dose of violence for trying to survive.

You believe that clerics, medical workers and neutral diplomats are entitled to special protection, yet expressly deny the same treatment to journalists and NGO staff. Maybe you aren't aware that the clergy in many countries have been revealed as active participants and cheerleaders of mass atrocities. But I suppose clerical robes make the wearer holier than the average pleb. As for reporters and human rights observers, I can see why you have such disdain for them. When your troops have wiped out an entire village of unarmed civilians (a la My Lai), you probably wouldn't want that story to make the international press. The ensuing accusations of war crimes, declining troop morale, and domestic opposition to the conflict are collectively detrimental to any war effort. So, would that make journalists and NGO workers who don't sing to your tune legitimate targets in your book?

You claim that Assange could face charges of being an accessory to murder for exposing Afghan informants who may lose their lives as a result. All of a sudden, you seem to express so much concern for the ordinary Afghan when throughout your comment you show little regard for civilians in hostile territory. Wikileaks have already stated that they have held back 15,000 documents in order to review them and scrub any references to informants. As for the documents that have been released, no one has yet been able to identify a single informant whose life has been put in peril because of Wikileak's actions.

Assange is neither a citizen nor resident of the US. Hence, any calls for him to be arrested for espionage simply because he is in possession of secret US documents is ludicrous. If it were otherwise, countries around the world would be seeking the arrests of intelligence and high-ranking officials in every other nation - hostile or allied.

Your call for Assange to be extradited to the US is nothing more wishful. He has broken no law in Australia and thus cannot be arrested. All that his country's government can do is express its displeasure. To have US agents abduct him is tantamount to kidnap. That's a clear violation of international law. But judging from your statement regarding the seizure of alleged criminals from your neighbouring country without going through its legal channels, I doubt you care very much for international laws or protocols. I'm sure you'd love to bring back rendering, black sites and waterboarding. In the end, it's all about trumping other peoples' rights and sovereignty to further one's own interests, isn't it?
2 people like this comment
by a3th3r August 2, 2010 8:55 AM PDT
"You talk about targeting civilians who participate in commercial activities that supposedly strengthen the enemy war effort. Well, every civilian who works for a living is helping his or her country's economy in one way or another. By your definition, anyone who has a job in a country deemed hostile by your government should expect a good dose of violence for trying to survive."

I don't strongly take to one side or the other regarding wikileaks, however I believe the reason that was placed in there is because during a full scale zero sum war between super powers attacks on an enemies manufacturing and industrial infrastructure is common and expected. Unfortunately when targetting the facilities in which war machines (ie. tanks, aircraft, naval vessels) ammunitions and weapons, civilians employed at those facilities become casualties of war.

I do not think anyone would argue that war is not ugly, and only few would argue that it is fair, however if you are employed at a facility making weapons designed to cause harm to another nation, you should realize that you are at risk. The same would be true of other nations attacking the US, our industrial and manufacturing facilities would also come under attack.

Furthermore (and I realize many will disagree with me), the US is one of few nations that attempt to reduce casualties. Last year when fire opened between Georgian and Russian armed forces much of the artillery rounds were sent into civilian residential districts, and one of Russia's first targets was a CIVILIAN airport in the capital of Georgia. Despite this, the "international community" said nothing.
by zmonster August 2, 2010 9:48 AM PDT
Congress did not declare war. The war powers act is a temporary half-year approval. We are WAY beyond that now. The wars being waged in Iraq and Afghanistan are not authorized by a Congressional declaration of war.
2 people like this comment
by cohaver July 31, 2010 9:53 PM PDT
A pretty Girl Agent would got them closer to getting the information. But the problem is at the Command and Control of information level. crypt o Key the videos and documents in mosaic encryption with stick keys for viewing the data media that OSI Model software cant read with out a key. when this media is sent to unknown IP Address it become a virus . Classified Information need levels of security multiple levels of destruction if taken.
Reply to this comment 4 people like this comment
by n3td3v July 31, 2010 10:25 PM PDT
Why take his phones from him, it just makes life harder for the intelligence services to track him and monitor him.
Reply to this comment 3 people like this comment
by wintermuteAI August 1, 2010 12:34 PM PDT
You think that that is how they will track him after he spent time in US custody? Think again. There are MANY technical means to subsequently track someone to whose possessions you have had complete access for hours ;<).
2 people like this comment
by AndroidFTW July 31, 2010 10:54 PM PDT
Hacker Snoops on GSM Cell Phones in Demo
"In my experience it's generally the iPhones that connect most easily," he said. "It's actually been the bane of my existence trying to keep the damned iPhones away."
It`s been known for many years GSM is insecure...iPhone being the worst !
Reply to this comment
by AndroidFTW July 31, 2010 10:54 PM PDT
iPhones are leaky too !
by facts_and_fun August 1, 2010 5:18 PM PDT
Sorry AndroidFTW, get the real facts. GSM is not insecure, one old algorithm used is insecure.. Do a search for A5/3, and you will see that the new technology is secure.. question is, which one is used by each operator?

And sorry, an Iphone is insecure? Yeah, right.. Android GSM is the same stuff.. Do not mix OS with Technology, you will fail miserably
by khesanhbro July 31, 2010 11:41 PM PDT
debasisg - I don't know where you "heard" that ****, but as one that served there, for an extended period, I'll tell you it's anti-war bull**** fro the mouths of people who were too cowardly to support a war that was started by 'Uncle Ho'. We got there pretty much as the pentagon papers said we did, and we got out as a political decision - leaving all the people, Viets, Bru, Cambodian & Laotian alike, that helped us to be slaughtered by the NVA and their political masters. If we abandon the Afgahni people to the Taliban, like we did before - well, let's just say that SE Asia likes our jobs, but they don't trust us worth a damn anymore? Want that to happen again, this time in an area that, believe it or not, is a historical invasion route from the far east, with a state that really is not too happy with us (or for that matter, any western nation) who is capable of taking over the fuel supply for the world - after all, it's right next door....DO you REALLY want to fight the third world war there, without the help of the regional forces that that abandonent would alienate? I didn't think so.
Reply to this comment 4 people like this comment
by countrugen987 August 1, 2010 9:05 AM PDT
You remind me that there are intelligent people posting here. Kudos to you sir.
by nbahn August 5, 2010 9:11 AM PDT
khesanhbro--
Unfortunately, implicit to what you are saying is the necessity of building/reinforcing civil society in south-central Asia -- and paying for the necessary social workers, nurse practitioners, teachers, etc. IN THE NUMBERS THAT ARE SUFFICIENT to both build and stabilize the Afghan and Pakistani civil societies is anathema to Democrats (to say nothing of Republicans); and, of course, the same thing applies to expenditures for necessary public infrastructure: The Democratic (to say nothing of the Republican) leadership only GRUDGINGLY provides parsimonious expenditures for domestic needs -- foreign aid (for the most part) is provided for both public relations purposes and to reward politically connected corporations in the U.S. Improving the lives of 3rd world citizens has nothing to do with the mission of U.S. foreign aid.
by amedina2010 August 1, 2010 12:43 AM PDT
Wikileaks are just stating the obvious, war is murder!!
Reply to this comment 3 people like this comment
by countrugen987 August 1, 2010 9:08 AM PDT
Would you prefer the US leave the Taliban in charge? Perhaps you didn't see the CNN documentary. Alleged "sinners" rounded up into a soccer-stadium-turned-execution-field...the women publicly whipped in front of their families for exposing their face, the stonings...

Perhaps we should have left Hitler alone too?

War IS murder, but sometimes it's necessary when there are greater evils at hand.
3 people like this comment
by thawkins2009 August 2, 2010 12:36 AM PDT
@countrugen987

Wether or not you like what the Taliban does, is none of your business, they are Afghanis, not US citizens, what they do within their borders is there own business, if the US stopped poking its nose into every corner of the world, trying to put a MacDonalds on every corner, and an Amoco gas station on the next, and turning everybody into good little consumers, then the world would be a far better place. Democracy is not for everybody, despite what you may think.

And of note, there is no evidence that Afghanistan or Iraq had anything at all to do with 9/11, I seem to remember that all the hijackers where saudi's, if so why have you not invaded Saudi Arabia?.

It appears that the US's two major "Allies" in the region, Saudi Arabia and Pakistan, may not be all they seem to be.
2 people like this comment
by rdupuy11 August 2, 2010 7:11 AM PDT
Buddy, the Taliban were toppled many years ago.

Almost the entire country was in favor of entering Afghanistan in order to topple the Taliban.
The support was overwhelming.

Where there is much less support, is nation building the country for year after year, a decade later, still supporting these people.

Fighting terrorism is important, but as many have noted, the country has to remain fiscally strong, or we won't have the resources to keep up the fight. Even if you love power, you have to know that resources are a source of power.

We didn't have unlimited funds, we never did. We can't let blind desire, overcome financial sense.
China is hoping for 50 years of unbroken growth, and a decade or so thereafter to surpass the U.S. as the world's largest economy.

The U.S. cannot exert as much influence as the economy wanes. Taking down the Taliban, could have been done in a less costly way. Saving money gives us resources for future battles.

This whole plan - is moronic, and short sighted.
by Adam-M August 2, 2010 11:55 AM PDT
@thawkins

Okay so its okay that the Taliban has been consistently trying to bomb the US? But they live in another country so we are supposed to let them do what the hell they want? I'd hope you'd have the same mindset when one of your family members is used as a walking time bomb. They live in another country they can do what they want right?
by Infinity-Customs August 1, 2010 3:52 AM PDT
They should have just shot this traitor in the head and saved a lot of trouble later. (insert hateful ultra leftist comments below).
Reply to this comment 2 people like this comment
by 0ri0n August 1, 2010 6:35 AM PDT
As long as his second round took out you - to balance out the extremist idiot opinion scale, of course...sheesh...

it was a tough call though - disagree and therefore i'm 'hateful', or agree and become an extremist idiot whose moral compass is blindly obedient to government opinion...decisions, decisions..
5 people like this comment
by andrewh1112 August 1, 2010 1:43 PM PDT
Yes, no need for any trial as guaranteed by that filthy piece of paper everyone thinks is so holy.

I really hope your vision of America becomes reality, I would love to see America destroy itself in a brutal fascist regime like you suggest. Sure, there would be blood, but you can find ways of justifying it. I'm sure you can!

My suggestion is that you remove the right to vote, only veterans should have that privilege!

I'll be cheering from Europe!
1 person likes this comment
by Infinity-Customs August 16, 2010 11:32 AM PDT
Yes, because it's a well known fact that whenever you execute a traitor to your country the next logical step is fascism. Ugh... Brains, some people just don't have them. Nobody in history was ever shot for being a traitor without the government of that nation immediately falling into fascism, we know that from our history lessons in school, right children? So the proper way to deal with traitors is to praise them as wonderful people who bring national secrets out into the light of day, especially if they result in the deaths of our citizens and military personnel, because that's only right.

As far as a trial, yes, a military tribunal, not a regular trial. That's how we deal with these things. But I can't imagine what kind of defense this scumbag could come up with that'd excuse his actions. What's he going to do, say "Oh, I thought it was just the latest Tom Clancy conspiracy theory novel called Classified"? But by all means, yes, lets give him a military tribunal so that when he's shot for the traitor he is, people like you can say the trial wasn't fair or whatever other lame excuses you'll come up with.
by ggore August 1, 2010 5:20 AM PDT
To call this man a "researcher" is a quite obvious attempt to legitimize what he does, which is hacking, which, if not illegal in a particular incidence, is certainly not a proper thing to do when you are hacking into property that is not yours. It's the same thing as calling someone a "journalist" when they are involved in a crime in order to obtain information or stolen property to use in a story they want to write. End result, they are slime, end of subject.
Reply to this comment 1 person likes this comment
by makardhwaj August 2, 2010 6:46 AM PDT
@ggore: "End of subject." Glad you cleared that up for everyone. I see no more debate is necessary on the matter. Thanks.
1 person likes this comment
by dumbspammers August 2, 2010 3:07 PM PDT
Yes, after all, those filthy hackers keep making changes and improvements on non-Microsoft operating systems, and preventing Steve Jobs from exercising total dictatorial control over iThings, and they find security problems and tell software publishers about them so script-kiddies can't exploit them indefinitely, and they tell corporations about security problems and "human engineering" problems that might otherwise allow you to clean out their bank accounts.

Those hackers sure are evil. But at least, unlike some who post here, they aren't complete and utter useless morons.

End of subject.
by ggore August 4, 2010 2:26 AM PDT
Oh, so by my hacking the code to your garage door opener, then breaking a window to get into your car and stealing everything and the stereo out of it, I have done you a favor, and is a good thing. It gives you the knowledge of how to better secure your garage, secure your car, and secure your stereo and belongings in your car which are now either destroyed or gone, including the code for your home security system which I stole because you wrote it on a piece of paper and kept it in the glove box, and was able to break into your house while you were at work today. Of course all the damage and thievery I did was only because I am a "researcher" in home security. The fact I destroyed your property in the process doesn't matter, either to me or to you, because we both are better off for the experience. Gotcha, I learned something here.
by 0ri0n August 1, 2010 6:29 AM PDT
They just need to host these hacker/blackhat conferences off U.S. soil - usually American companies (using US security) or homeland security just see it as an opportunity to snag some speaker.

These conferences bring in a ton of money, and if the local law enforcement doesn't want to recognize the value in exchange for amnesty, that money can go to another country - hell, host it in Haiti and help rebuild THEIR economy...I am sure you won't get their government looking to jeapardize an influx of funds for an opportunity to apprehend and interrogate the guests....
Reply to this comment 1 person likes this comment
by n3td3v August 1, 2010 6:39 AM PDT
"They just need to host these hacker/blackhat conferences off U.S. soil - usually American companies (using US security) or homeland security just see it as an opportunity to snag some speaker."

You do know the owner of Blackhat/Defcon is a member of the U.S Department of Homeland Security's Advisory Board?

Here's something I wrote a few years back:

Human Honeypot: reader comment from n3td3v

Posted on: August 1, 2006, 4:54 AM PDT
Story: Black Hat with a Vista twist

Its the 'manufactured' hackers who go to these 'talk to the police'
conferences, you know the ones who spent thousands on student loans to
become a hacker.

Any criminal hackers who go are just stupid and don't realise what
they are actually attending.

The U.S Security Services will have hidden cameras and befrienders in
place to grab as much information out of people as possible.

These conferences have just turned into a 'human honeypot' for the
intelligence services.

Good on the people who are brave enough to step into that 'human
honeypot', but the majority in the underground wouldn't go near these
conferences.
2 people like this comment
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About InSecurity Complex

Elinor Mills became fascinated with hacker culture when she was sent to Las Vegas to cover DefCon in 1995. Since then, script kiddies have given way to cyber criminals targeting bank passwords, and privacy risks are everywhere, from Google to Facebook and the iPhone. InSecurity Complex keeps tabs on the flaws, the foibles, and the fixes.

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