Assange loses extradition appeal

High Court upholds European Arrest Warrant for rape, sexual molestation, and unlawful coercion.

Julian Assange has lost his challenge to the European Arrest Warrant (EAW) for his extradition to Sweden to face questioning by the Swedish prosecution authority.

Assange had appealed on four grounds against the decision of Westminster Magistrates' Court. However, the High Court dismissed each of these grounds: the warrant had been validly issued, the offences specified existed in both Sweden and the United Kingdom, the request was proportionate, and the conduct alleged amounted to a criminal offence.

Accordingly, the High Court held that the European Arrest Warrant for Assange in respect of the offences of rape, two counts of sexual molestation, and unlawful coercion, was entirely valid.

This decision is no great surprise; for Assange to have succeeded, it would have effectively required the High Court to undermine the entire EAW system.

The 161 paragraphs of the full judgment completely dismantle the four grounds of the Assange's appeal. The two judges, including the President of the Queen's Bench Division, provide detailed and thorough reasoning as to how each of the contentions of the Assange legal team do not succeed. It is thereby unlikely that this is a case that the Supreme Court will hear, even if there is an attempt at a further appeal.

It is not the business of the High Court to try the substantive allegations, that is to determine the guilt of Assange. That is a matter for the Swedish criminal justice system. Assange has not been charged with any offence, but he is required by the Swedish prosecutors to answer important questions about the serious allegations of rape, sexual molestation, and unlawful coercion. There are questions which require answers.

It is difficult to see why there is now any good reason for Assange to seek further delay in returning to Sweden, especially if he has scarce resources for funding his legal defence. He would be well-advised to now return to face the allegations, of which he may well be innocent.

But there seems nothing more he can do in England to avoid this next step. The raising of technical objections to escape extradition for questioning about serious allegations has now effectively come to an end.

Click here for the full judgement.

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Should Facebook face the heat for the Cleveland shooting video?

On Easter Sunday, a man now dubbed the “Facebook killer” shot and killed a grandfather before uploading footage of the murder to the social network. 

A murder suspect has committed suicide after he shot dead a grandfather seemingly at random last Sunday. Steve Stephens (pictured above), 37, was being hunted by police after he was suspected of killing Robert Godwin, 74, in Cleveland, Ohio.

The story has made international headlines not because of the murder in itself – in America, there are 12,000 gun homicides a year – but because a video of the shooting was uploaded to Facebook by the suspected killer, along with, moments later, a live-streamed confession.

After it emerged that Facebook took two hours to remove the footage of the shooting, the social network has come under fire and has promised to “do better” to make the site a “safe environment”. The site has launched a review of how it deals with violent content.

It’s hard to poke holes in Facebook’s official response – written by Justin Osofsky, its vice president of global operations – which at once acknowledges how difficult it would have been to do more, whilst simultaneously promising to do more anyway. In a timeline of events, Osofsky notes that the shooting video was not reported to Facebook until one hour and 45 minutes after it had been uploaded. A further 23 minutes after this, the suspect’s profile was disabled and the videos were no longer visible.

Despite this, the site has been condemned by many, with Reuters calling its response “bungled” and the two-hour response time prompting multiple headlines. Yet solutions are not as readily offered. Currently, the social network largely relies on its users to report offensive content, which is reviewed and removed by a team of humans – at present, artificial intelligence only generates around a third of reports that reach this team. The network is constantly working on implementing new algorithms and artificially intelligent solutions that can uphold its community standards, but at present there is simply no existing AI that can comb through Facebook’s one billion active users to immediately identify and remove a video of a murder.

The only solution, then, would be for Facebook to watch every second of every video – 100 million hours of which are watched every day on the site – before it goes live, a task daunting not only for its team, but for anyone concerned about global censorship. Of course Facebook should act as quickly as possible to remove harmful content (and of course Facebook shouldn’t call murder videos “content” in the first place) but does the site really deserve this much blame for the Cleveland killer?

To remove the blame from Facebook is not to deny that it is incredibly psychologically damaging to watch an auto-playing video of a murder. Nor should we lose sight of the fact that the act, as well as the name “Facebook killer” itself, could arguably inspire copycats. But we have to acknowledge the limits on what technology can do. Even if Facebook removed the video in three seconds, it is apparent that for thousands of users, the first impulse is to download and re-upload upsetting content rather than report it. This is evident in the fact that the victim’s grandson, Ryan, took to a different social network – Twitter – to ask people to stop sharing the video. It took nearly two hours for anyone to report the video to Facebook - it took seconds for people to download a copy for themselves and share it on.  

When we ignore these realities and beg Facebook to act, we embolden the moral crusade of surveillance. The UK government has a pattern of using tragedy to justify invasions into our privacy and security, most recently when home secretary Amber Rudd suggested that Whatsapp should remove its encryption after it emerged the Westminster attacker used the service. We cannot at once bemoan Facebook’s power in the world and simultaneously beg it to take total control. When you ask Facebook to review all of the content of all of its billions of users, you are asking for a God.

This is particularly undesirable in light of the good that shocking Facebook videos can do – however gruesome. Invaluable evidence is often provided in these clips, be they filmed by criminals themselves or their victims. When Philando Castile’s girlfriend Facebook live-streamed the aftermath of his shooting by a police officer during a traffic stop, it shed international light on police brutality in America and aided the charging of the officer in question. This clip would never have been seen if Facebook had total control of the videos uploaded to its site.  

We need to stop blaming Facebook for things it can’t yet change, when we should focus on things it can. In 2016, the site was criticised for: allowing racial discrimination via its targeted advertising; invading privacy with its facial-scanning; banning breast cancer-awareness videos; avoiding billions of dollars in tax; and tracking non-users activity across the web. Facebook should be under scrutiny for its repeated violations of its users’ privacy, not for hosting violent content – a criticism that will just give the site an excuse to violate people's privacy even further.

No one blames cars for the recent spate of vehicular terrorist attacks in Europe, and no one should blame Facebook for the Cleveland killer. Ultimately, we should accept that the social network is just a vehicle. The one to blame is the person driving.

If you have accidentally viewed upsetting and/or violent footage on social media that has affected you, call the Samaritans helpline on  116 123 or email jo@samaritans.org

Amelia Tait is a technology and digital culture writer at the New Statesman.

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