Julian Assange (HSC SSCE Legal Studies): Revision Notes
History
Background
Julian Paul Assange (pronounced "ah-sonje") is an Australian whistleblower who gained international recognition as the founder, editor-in-chief and director of WikiLeaks.
Whistleblower: A person who raises a concern about wrongdoing occurring in an organisation, company or government department.
WikiLeaks: An international organisation (originating in Australia) committed to anonymously publishing documents that are unavailable to the public.
Assange possesses highly sophisticated knowledge and skills in computer technology, software design and encryption. These abilities would later become central to both his activism and his legal troubles.
Early hacking activities (1990s)
Assange has a history of computer hacking dating back to the 1990s. During this period, he accessed company databases and government departments to obtain information not legally available to him. His activities have been described as "kind hacking" because his intention was not to destroy databases or sabotage companies, but rather to find information related to his personal affairs and family.
1995 arrest and conviction
In 1995, Assange was arrested and charged for hacking into the computer systems of Nortel, a Canadian telecommunications company (now defunct). He pleaded guilty to 25 charges and was fined $2,100. Although Assange could have faced up to 10 years in prison, the judge took into account his disrupted childhood when determining the sentence.
Despite facing up to 10 years in prison, Assange received only a fine. The judge's consideration of his disrupted childhood when determining the sentence shows how personal circumstances can influence judicial decisions, even in cases involving serious computer crimes.
Positive use of technical skills
Assange later created a group called "Parent Inquiry into Child Protection", which established a database where protected legal records related to child custody issues in Australia could be accessed. The group enabled parents involved in custody disputes to obtain information from the Children's Court and raise child protection issues with government agencies.
Court records show that in 1993 Assange provided technical advice to the Victoria Police Child Exploitation Unit and assisted in prosecutions, demonstrating that his technical skills were also applied for legitimate law enforcement purposes.
WikiLeaks establishment (2006)
In 2006, Julian Assange established the website and news service WikiLeaks. He believed strongly in publishing primary sources of information based on the principle of the public's right to know.
How WikiLeaks works
Wikileaks.org originally began as a "wiki" – a website that allows multiple users to post, edit and delete content (similar to Wikipedia). The "Leaks" in WikiLeaks refers to information being "leaked" (secretly given out) whilst the identity of the leaker remains anonymous.
This anonymity protection follows a long-held journalistic tradition of "not disclosing sources" so that individuals cannot be punished for passing on information that may be considered confidential.
SHIELD laws and journalist protection
SHIELD laws (Securing Human Intelligence and Enforcing Lawful Dissemination) exist in many Western nations to protect journalists' sources from prosecution and incarceration. In New South Wales, this protection is found in the Evidence Amendment (Journalist Privilege) Act 2011 (NSW). These laws and principles help protect freedom of speech and freedom of the press, both fundamental to Western democracies.
Freedom of speech: Where citizens of a country are not restricted or controlled by government censorship regarding what they say (except in terms of vilification, incitement and defamation).
Freedom of the press: Where news services and media outlets of a country are not restricted or controlled by government (except in terms of vilification, incitement and defamation).
Without freedom from fear of persecution, journalists and news services may not be able to present balanced views of news and politics, or expose weaknesses and faults of governments, oppositions, businesses and other groups. This protection is fundamental to democratic accountability.
Major leaks and international tensions (2010)
Since 2010, Assange has been involved in a highly publicised and politicised legal case of international significance, involving Sweden, the United States, the United Kingdom and Australia. The case relates to a series of releases of highly sensitive information about the behaviour of the US military in Iraq, consisting mostly of communications between staff and departments classified as "secret".
Release of US military documents
In 2010, WikiLeaks released numerous US military documents. Specialist Manning, a US army soldier stationed in Iraq, accessed databases and downloaded secret information about US Government operations in Iraq and Afghanistan. It is alleged that over 250,000 documents or cables were downloaded with intent to leak them to WikiLeaks.
"Collateral Murder" video
One of the most crucial leaks related to a video now known as "Collateral Murder". Viewed from the gunsights of a military helicopter, it includes disturbing footage of an apparent ambush of Iraqi civilians who did not appear to pose a threat. The clip became accessible on the internet despite being highly secret military information not meant for publication.
Collateral (damage): In a military context, damage to or destruction of things other than the intended target such as civilian property and civilians.
The "Collateral Murder" video became one of the most controversial releases in WikiLeaks' history, as it appeared to show US military personnel targeting civilians. This leak significantly escalated tensions between WikiLeaks and the US Government.
"Afghan War Diary"
Later in 2010, WikiLeaks launched another embarrassing set of documents entitled "Afghan War Diary".
US Government response
The US Government's response to these leaks has been central to Assange's conflict with the state. Chelsea Manning (formerly Bradley Manning) was arrested in July 2010 and faced 22 charges. The most serious accusation was "aiding the enemy", which carries a life sentence under the Espionage Act of 1917 (US). The basis for this charge was that information passed to WikiLeaks became available to Al-Qaeda.
Espionage: The use of spies or spying to obtain information.
Manning alleged there was no relationship with Julian Assange, and that WikiLeaks allowed material to be uploaded secretly without revealing the identity of the provider.
Manning's treatment and sentencing
In early 2013, Manning's sentence was reduced by 112 days by a military judge because she suffered mistreatment in confinement. Under Article 13 of the Uniform Code of Military Justice, prisoners awaiting trial are to be protected from punishment on the grounds that they are innocent until proven guilty. However, Manning was ultimately sentenced to 35 years in jail in 2013 with an eight-year non-parole period.
Manning's mistreatment while in confinement violated the principle of "innocent until proven guilty". This harsh treatment would later become a key factor in Assange's fear of facing the US justice system.
There are unconfirmed reports that at some point in 2012–13, a US Grand Jury (a panel of prosecutors) prepared a prosecution of Assange under the Espionage Act 1917.
Censorship and blocked access
Many governments blocked the WikiLeaks website from their citizens. The US Government remains in conflict with Julian Assange and appears to be pursuing him to prosecute for criminal offences related to his publication of classified diplomatic cables on WikiLeaks.
Information published by WikiLeaks has ranged from "mildly embarrassing" to "highly sensitive". Australia's Anti-Terrorism Act 2005 (Cth) and the National Security Legislation Amendment Act 2010 (Cth) aim to fight terrorist activities and deal with other national security issues, and do not appear to have been breached by Assange's behaviour. However, legal opinion is divided in the United States, and Assange may face charges of sedition if he enters that country.
Sexual assault allegations (2010)
In 2010, WikiLeaks moved its head office to Sweden. In August of that year, two women – Sophia Willen and Anna Ardin – reported they had non-consensual sexual relations with Julian Assange.
Assange was interviewed by Swedish police but was not detained. He maintained that his encounters with both women were consensual and was free to leave the country.
European arrest warrant
Later in 2010, when Assange was in London, Swedish authorities issued a European Arrest Warrant (EAW) for him. He surrendered to British police and was detained for 10 days. He was released on bail of $300,000, which was posted by notable friends. Interpol issued a red notice on him.
Extradition: The handing over of a person accused of a crime by the authorities of the country where he or she has taken refuge to the authorities of the country where the crime was committed.
Red notice: A request for the arrest and extradition of an individual for whom an arrest warrant has been issued in the requesting country, distributed by Interpol (the international police authority).
Assange fought the EAW through the British legal system for over a year, with numerous appeals through the lower courts. On 14 June 2012, the UK Supreme Court ruled that he must be extradited to Sweden.
Political asylum (2012–present)
Julian Assange entered the Ecuadorian Embassy in London on 19 June 2012, after breaking his bail conditions in the United Kingdom. He was granted political asylum by the Ecuadorian Government.
Political asylum: A fundamental human right affirmed by Article 14 of the UN's Universal Declaration of Human Rights: "Everyone has the right to seek and to enjoy in other countries asylum from persecution."
Reasons for seeking asylum
The key factor in Assange's request for asylum was the treatment of Manning. Assange feared similar treatment and believed that his extradition to Sweden was a guise for a subsequent extradition to the United States to face the US justice system.
Assange's primary concern was not the Swedish sexual assault charges themselves, but rather that Sweden would extradite him to the United States where he feared he would face the same harsh treatment as Manning, potentially including charges under the Espionage Act carrying a life sentence.
Living in the embassy
Having been granted asylum, Assange was allowed to remain within the embassy where he could not be arrested by UK authorities. However, he would not be protected if he left the embassy grounds.
From 2012 to August 2015, Assange resided inside the embassy with London police guarding it "around the clock". In September 2015, London police removed the 24-hour guard.
The continuous police presence outside the embassy for over three years represented a significant commitment of resources by UK authorities. The removal of the 24-hour guard in September 2015 suggested a shift in the UK's approach to the standoff.
December 2015 development
In December 2015, the Ecuadorian Government reached agreement with Swedish authorities for Assange to be interviewed inside the Ecuadorian Embassy rather than be extradited to Sweden.
Key legal and ethical tensions
Assange's situation is interesting from a legal perspective because it is not clear that he has broken any law. He is an Australian citizen but remains inside the Ecuadorian Embassy in the United Kingdom, having resisted Sweden's extradition request related to sexual assault charges. Ecuador has granted him asylum. Assange resisted the Swedish extradition request because he believed the US Government would seek his extradition from Sweden.
The legal ambiguity of Assange's case is striking: it remains unclear whether he has actually broken any law. This uncertainty exists across multiple jurisdictions and relates to both the Swedish sexual assault allegations and potential US charges under the Espionage Act.
Conflicting perspectives
Assange's situation raises important social and political issues relating to:
- Freedom of speech
- Freedom of the press and information
- The balance between government confidentiality of political and strategic information versus the right of news services or individuals to publish such information and the public's right to know
Assange has been viewed differently by various groups:
Supporters' view: Some see him as a man with a brilliant mind and an outstanding journalist. He won the 2010 Martha Gellhorn prize for journalism.
Critics' view: Others label him a traitor, vandal and irresponsible journalist because his actions compromise the ability of national governments to keep information secret to ensure citizen security.
The stark contrast between these perspectives reflects fundamental tensions in modern democracies: how do we balance transparency and accountability with national security and confidentiality? There is no easy answer, and Assange's case exemplifies this ongoing debate.
International status
Assange is now in conflict with at least four countries, which rank his status anywhere from the "most dangerous person in the world" to a "bail jumper" who refuses to face accusations of sexual assault.
Timeline of key events
| Date | Event |
|---|---|
| 2006 | WikiLeaks founded as a wiki edited by anti-government individuals; Julian Assange listed as Director |
| 2009 | WikiLeaks establishes head office in Iceland (liberal internet censorship laws); US Embassy in Reykjavik becomes early "target" |
| 2010 | "Collateral Murder" video released (allegedly leaked by Specialist Manning) showing Iraqi civilians gunned down by US helicopter; Manning arrested on 22 charges of treason and aiding the enemy |
| June 2010 | WikiLeaks moves head office to Sweden |
| Early August 2010 | Sexual assault allegations emerge |
| Late August 2010 | Assange goes to Swedish police but not detained; free to leave country |
| September 2010 | Assange flies to London for WikiLeaks-related conferences |
| October 2010 | WikiLeaks launches "Afghan War Diary" documents |
| December 2010 | Swedish authorities issue EAW for Assange; surrenders to British police, detained 10 days; released on bail of $300,000; red notice issued by Interpol |
| 2011–12 | 500-day legal process fighting EAW ends 14 June 2012; UK Supreme Court rules Assange must be extradited to Sweden |
| 2012–13 | Unconfirmed reports of US Grand Jury deciding to prosecute Assange under Espionage Act 1917 |
| June 2012 | Assange takes refuge in Ecuadorian Embassy in London claiming diplomatic asylum |
| August 2012 | Ecuador grants Assange diplomatic asylum |
| 2012–August 2015 | Assange resides inside embassy with London police guarding "around the clock" |
| September 2015 | London police remove 24-hour guard |
| December 2015 | Ecuador and Sweden reach bilateral agreement for Assange to be interviewed inside Ecuadorian Embassy rather than extradited to Sweden |
Exam technique: analysing the Assange case
Exam Technique: Analysing the Assange Case
When analysing this case in an exam, consider:
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Multiple jurisdictions: Note how Assange's case involves four countries (Australia, USA, UK, Sweden) with different legal systems and interests
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Conflicting rights: Balance freedom of speech/press against national security concerns
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Legal ambiguity: Identify that it's unclear whether Assange broke any law
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International law: Consider concepts of extradition, asylum, and jurisdiction
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Timeline importance: Use chronological understanding to explain how events escalated
Command word guidance:
- "Analyse": Break down the competing interests (press freedom vs national security; individual rights vs state power)
- "Evaluate": Assess the effectiveness of international legal mechanisms in resolving conflicts between individuals and states
- "Assess": Make judgments about whether asylum was justified given the circumstances
Remember!
Key Points to Remember:
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Julian Assange is an Australian whistleblower who founded WikiLeaks in 2006 to publish documents unavailable to the public
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His 1995 conviction for hacking into Nortel resulted in a $2,100 fine rather than jail time
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Major leaks in 2010 included "Collateral Murder" and "Afghan War Diary", leading to international tensions
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Chelsea Manning was sentenced to 35 years for leaking classified documents to WikiLeaks
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Assange sought political asylum at the Ecuadorian Embassy in London (2012) to avoid extradition to Sweden (sexual assault allegations) and potentially the USA (espionage charges)
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The case raises fundamental tensions between freedom of speech/press and national security, with no clear resolution
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Key legal concepts include: whistleblower, extradition, political asylum, red notice, espionage, freedom of speech, freedom of the press