Theft?
I’m not a lawyer, nor do I play one on TV or the Internet, but the Hong Kong legal system is based on English common law, and charging Edward Snowden with theft is going to be a bit of a problem. I realize they did it to get the Hong Kong authorities to arrest Mr Snowden, but the facts don’t support their charge.
To support a charge of larceny/theft something of value must be taken. Snowden made copies, he didn’t take anything. The originals from which the copies were made are still there. You don’t charge someone with theft of the Washington Monument if they take a picture of it.
Talk about ‘stealing’ music or videos is not accurate. No one steals them, they violate the copyright. Even that isn’t possible with what Mr Snowden copied, because, although it might be classified, it cannot be copyrighted – products of the US government are in the public domain.
Hauling out the benighted Espionage Law of 1917 is an admission of failure. Some court should show mercy and put a stake through the heart of that beast. It was a pitiful mutant when it was passed, and it is still a monstrosity.
The only real charge is passing classified information to people without the clearance necessary to see it. Even that has a problem, as Bruce Schneier noted. Snowden’s legal team can argue that the government must show the legality and Constitutionality of the programs before prosecuting Snowden for revealing them. There are rules about what can be classified, and crimes or embarrassing information don’t make the cut.
