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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Doing a Radiohead: how to disappear online

The band has performed an online Houdini in advance of its ninth album – but it’s harder than it looks. 

At the beginning of May, the band Radiohead’s web presence – well, its Twitter, Facebook, and website, at least – went offline.

Lead singer Thom Yorke has repeatedly criticised streaming, and the future of online music in general, and it's clear that his opinion fed into this month's decision to reject social media in favour of sending individual cards to the band's fans in the post. 

However, it’s also a clever publicity stunt in the run up to the rumoured release of the band's ninth album, since it plays into a growing paranoia around the lives we live online, and quite how permanent they are. In reality, though, Radiohead has done a pretty terrible job of disappearing from the internet. Its Facebook and Twitter accounts still exist, and widely available caching services actually mean you can still see Radiohead.com if you so wish. 

These are the steps you’d need to take to really disappear from the internet (and never be found).

Delete your acccounts

Radiohead may have deleted its posts on Facebook and Twitter, but its accounts – and, therefore user data – still exist on the sites. If this was a serious move away from an online presence, as opposed to a stunt, you’d want to delete your account entirely.

The site justdelete.me rates sites according to how easy they make it to delete your data. If you only hold accounts with “easy” rated sites, like Airbnb, Goodreads and Google, you’ll be able to delete your account through what justdelete.me calls a “simple process”. JustDelete.me also links you directly to the (sometimes difficult-to-find) account deletion pages.

Failing that, delete what you can

If, however, you’re a member of sites that don’t allow you to delete your account like Blogger, Couchsurfing or Wordpress, you may be stuck with your account for good. However, you should at least be able to delete posts and any biographical information on your profile.

If this bothers you, but you want to create an account with these sites, Justdelete.me also offers a “fake identity generator” which spits out fake names and other details to use in the signup process.

Go to Google

Search results are the hardest thing to erase, especially if they’re on sites which published your details without your permission. However, thanks to the European Commission “Right to be forgotten” ruling in 2014, you can now ask that certain search results be deleted using this online form.  

Ditch your smartphone

Smartphones tend to track your location and communicate with app and web servers constantly. For true privacy, you’d want to either disconnect your phone from all accounts (including iCloud or Google) or else get a basic phone which does not connect to the internet.

Give out your passwords

The artist Mark Farid decided in October 2015 to live without a digital footprint until April 2016, but was aghast when he realised quite how often our data is collected by our devices. As a result, he decided to live without bank accounts, use a phone without internet connectivity, and use an unregistered Oyster.

When I saw him speak at an event just before his off-grid experiment was due to begin, he announced that he would also be handing out the passwords to all his online accounts to the public. The kind of “bad data” which randomly hacked accounts would show would actually make him less traceable than a radio silence – a bit like how words written over other words mask them more than simply erasing them or scribbling on them would.

Accept that it probably won’t work

Even if you managed all this, the likelihood is that some of your daily activities would still leave a trace online. Most jobs require internet activity, if not an internet presence. Bank accounts are, let's face it, fairly necessary. And even Radiohead will, I’m willing to bet, reappear on the internet soon after their album arrives.

Barbara Speed is a technology and digital culture writer at the New Statesman and a staff writer at CityMetric.