Hackers are Whistleblowers Too (live blog from HOPE XI)

Naomi Colvin, Courage Foundation
Nathan Fuller, Courage Foundation
Carey Shenkman, Center for Constitutional Rights
Grace North, Jeremy Hammond Support Network
Yan Zhu, friend of Chelsea Manning
Lauri Love, computer scientist and activist

Naomi begins. Courage foundation started in July 2014 to take on legal defense for Edward Snowden. They believe there is no difference between hackers and whistleblowers when they’re bringing important information to light. Information exposure is one of the most important triggers for social action. The foundation has announced their support for Chelsea Manning, who is beginning her appeal.

Carey wants to talk about public interest defenses. In the US, politicians call for whistleblowers to return to the US and present their motivations and “face the music” as part of their civil disobedience. In reality, the Espionage Act and the CFAA do not allow whistleblowers to use public interest motivations as a defense or use evidence to demonstrate a public interest. Whistleblowers like Ellsberg have called for public interest exceptions to the Espionage Act and CFAA. It’s important to protect civil

Grace: Jeremy Hammond hacked Stratfor with AntiSec/Anonymous and leaked the files on WikiLeaks. Tech has an incredible power to bring movements together. This requires some tech people to move outside of their comfort zone to interact with activism around other (non-technical) issues.

Yan: Chelsea really loves to get letters and reads every one she receives. While at MIT, Yan met Chelsea through the free software community. Chelsea’s arrest was the first time Yan saw the reality of whistleblowing and surveillance. Chelsea is very isolated and only gets 20 people on her phone list. To add someone, she has to remove someone else. Visitors have to prove they met her before her arrest in order to visit. She reads a statement from Chelsea Manning.

Lauri Love was arrested in 2013 in the UK without charges and later learned that he was charged in the US, which is very unusual, not having been alleged to have committed any crimes within the US. The problems with the CFAA are being used to contest his extradition to the US. Lauri greatly appreciates the support of the Courage Foundation

Lauri asks Carey: The UK allows you to present a defense of necessity, although it’s difficult. Can that happen in the US?
Carey: It’s difficult to say. The CFAA has always been controversial. The CFAA was passed in 1986, literally in response to the movie Wargames, which sparked the fear of a “cyber Pearl Harbor.”
Grace: Jeremy Hammond’s hacks were politically focused, but there were absolutely no provisions for acts of conscience in his defense. In fact, having strong political views leads to harsher treatment.

Lauri: Can we bypass the court system and national council of conscience?

Lyn: Mother of Ross Ulbricht, creator of silk road. Judges cited political views as reasons for the severity of Ross’s sentence. The court system also allows prosecutors to break the letter of the law when it is done in “good faith” while it doesn’t allow defendants to do so.
Lauri: It’s important to be vocal about these details. It

Audience question: CFAA prosecutions are really about politics, not about computers. It seems like some issues like gay marriage can change very quickly in American culture. What can be done to create these changes?
Grace: We couch issues in certain terms. What people find acceptable or unacceptable is often determined by perspective and simplified views of “legal” vs. “illegal.”