There are a few laws – such as child sex tourism performed by US citizens abroad – where the US asserts extraterritorial jurisdiction (in that case, because wealthy US citizens discovered that they could just go to countries with corrupt law enforcement/judiciary and buy them off; even if they can beat the local justice system, the American one will go after them using American anti-child-sex-tourism law). Same thing for some anti-terrorism laws. My bet is that this is probably one of those.
The United States’ indictment alleges that Assange committed one count of conspiracy (18 U.S.C. § 371)
to commit computer intrusion in violation of the Computer Fraud and Abuse Act (CFAA) (18 U.S.C. §
1030).
A brazen and sophisticated computer intrusion into the records of over 145 million Americans launched from computer hackers based in China led to recent criminal prosecutions under the Computer Fraud and Abuse Act. [1] Courts are willing to extend American law beyond U.S. boundaries often when criminal misconduct takes place overseas that injures Americans. The Constitution grants Congress broad powers to enact laws with extraterritorial scope.[2] The Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”), is one such statute that provides criminal and civil remedies resulting from unauthorized access to computers used in interstate commerce or communications.[3] And, it further provides for extraterritorial jurisdiction for criminal or civil violations of the CFAA.
The CFAA’s potential reach goes beyond U.S. borders and packs a jurisdictional punch that will likely be able to bring a foreign party into an American court. Thus, a computer hacker outside the U.S. who causes injury[26] here is likely not immune from a civil or criminal action.
The indictment includes one count of conspiracy to hack a computer to disclose classified information that “could be used to injure” the U.S. According to the indictment, Assange “conspired” with Manning by helping her crack a Defense Department computer password in March 2010 that provided access to a U.S. government network that stored classified information and communications.
Hmm. That does raise some interesting questions, though. Assange was charged with conspiracy to violate the CFAA. The justification for the CFAA being extraterritorial would be that you can access computers across international lines. In theory, Assange might have conspired with people in the US to commit murder, and I don’t think that that would have applied. I wonder if there’s some sort of doctrine where conspiracy to commit a crime has extraterritorial jurisdiction apply if it would apply to the original crime.
In addition, courts have reasoned that ‘the extraterritorial reach of an ancillary offense such as conspiracy is coterminous with that of the underlying statute’.
Not the person you are replying to, but it don’t think it matters if the victim is American – the US has the right to prosecute it’s own citizens. (You can’t kill an illegal immigrant – they may not have constitutional rights, but murder is still illegal)
True, but we’re talking about things done in a foreign country. You can go out of the country and buy a Cuban cigar, visit a weed cafe, or go to a legal brothel in Amsterdam. I’m just wondering how they know where the line is.
There are a few laws – such as child sex tourism performed by US citizens abroad – where the US asserts extraterritorial jurisdiction (in that case, because wealthy US citizens discovered that they could just go to countries with corrupt law enforcement/judiciary and buy them off; even if they can beat the local justice system, the American one will go after them using American anti-child-sex-tourism law). Same thing for some anti-terrorism laws. My bet is that this is probably one of those.
googles
Yeah, sounds like it.
https://crsreports.congress.gov/product/pdf/LSB/LSB10291
https://www.natlawreview.com/article/extraterritorial-application-computer-fraud-and-abuse-act
https://www.pbs.org/newshour/world/the-charges-against-julian-assange-explained
Hmm. That does raise some interesting questions, though. Assange was charged with conspiracy to violate the CFAA. The justification for the CFAA being extraterritorial would be that you can access computers across international lines. In theory, Assange might have conspired with people in the US to commit murder, and I don’t think that that would have applied. I wonder if there’s some sort of doctrine where conspiracy to commit a crime has extraterritorial jurisdiction apply if it would apply to the original crime.
googles
Ah, sounds like it.
https://globalinvestigationsreview.com/guide/the-practitioners-guide-global-investigations/2022/article/extraterritoriality-the-us-perspective
Thanks for your awesome explanation.
Going back to your original point, how to they justify that sex tourism harms Americans back home? (Not endorsing it, just curious)
Not the person you are replying to, but it don’t think it matters if the victim is American – the US has the right to prosecute it’s own citizens. (You can’t kill an illegal immigrant – they may not have constitutional rights, but murder is still illegal)
True, but we’re talking about things done in a foreign country. You can go out of the country and buy a Cuban cigar, visit a weed cafe, or go to a legal brothel in Amsterdam. I’m just wondering how they know where the line is.