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Sabtu, 22 Juni 2013

No word from China on leaker's possible return

No word from China on leaker's possible return

WASHINGTON (AP) — Edward Snowden, the former government contractor who

says he revealed that the National Security Agency collects Americans'

phone records and Internet data from U.S.communication companies, now

faces charges of espionage and theft of government property.

Snowden is believed to be in Hong Kong, which could complicate efforts

to bring him to a U.S. federal court to answer charges that he engaged

in unauthorized communication of national defense information and

willful communication of classified communications intelligence

information.

In addition to those charges, both brought under the Espionage Act,

the government charged Snowden with theft of government property. Each

crime carries a maximum sentence of 10 years in prison.

Hong Kong was silent Saturday on whether Snowden should be extradited

to the United States now that he has been charged, but some of China's

legislators said the decision should be up to the Chinese government.

The one-page criminal complaint against Snowden was unsealed Friday in

federal court in Alexandria, Va., part of the Eastern District of

Virginia where his former employer, government contractor Booz Allen

Hamilton, is headquartered, in McLean.

The complaint is dated June 14, five days after Snowden's name first

surfaced as the person who had leaked to the news media that the NSA,

in two highly classified surveillance programs, gathered telephone and

Internet records to ferret out terror plots.

It was unclear Friday whether the U.S. had yet to begin an effort to

extradite Snowden from Hong Kong. He could contest extradition on

grounds of political persecution. In general, the extradition

agreement between the U.S. and Hong Kong excepts political offenses

from the obligation to turn over a person.

Hong Kong had no immediate reaction to word of the charges against Snowden.

The Espionage Act arguably is a political offense. The Obama

administration has now used the act in seven criminal cases in an

unprecedented effort to stem leaks. In one of them, Army Pfc. Bradley

Manning acknowledged he sent more than 700,000 battlefield reports,

diplomatic cables and other materials to the anti-secrecy website

WikiLeaks. His military trial is underway.

Sen. Bill Nelson, D-Fla., a member of the Senate Armed Services

Committee, welcomed the charges against Snowden.

"I've always thought this was a treasonous act," he said in a

statement. "I hope Hong Kong's government will take him into custody

and extradite him to the U.S."

But the Government Accountability Project, a whistle-blower advocacy

group, said Snowden should be shielded from prosecution by

whistle-blower protection laws.

"He disclosed information about a secret program that he reasonably

believed to be illegal, and his actions alone brought about the

long-overdue national debate about the proper balance between privacy

and civil liberties, on the one hand, and national security on the

other," the group said in a statement.

Michael di Pretoro, a retired 30-year veteran with the FBI who served

from 1990 to 1994 as the legal liaison officer at the American

consulate in Hong Kong, said "relations between U.S. and Hong Konglaw

enforcement personnel are historically quite good."

"In my time, I felt the degree of cooperation was outstanding to the

extent that I almost felt I was in an FBI field office," di Pretoro

said.

The U.S. and Hong Kong have a standing agreement on the surrender of

fugitives. However, Snowden's appeal rights could drag out any

extradition proceeding.

The success or failure of any extradition proceeding depends on what

the suspect is charged with under U.S. law and how it corresponds to

Hong Kong law under the treaty. In order for Hong Kong officials to

honor the extradition request, they have to have some applicable

statute under their law that corresponds with a violation of U.S. law.

Hong Kong lawmakers said Saturday that the Chinese government should

make the final decision on whether Snowden should be extradited to the

United States.

Outspoken legislator Leung Kwok-hung said Beijing should instruct Hong

Kong to protect Snowden from extradition before his case gets dragged

through the court system.

Leung urged the people of Hong Kong to "take to the streets to protect Snowden."

In Iceland, a business executive said Friday that a private plane was

on standby to transport Snowden from Hong Kong to Iceland, although

Iceland's government says it has not received an asylum request from

Snowden.

Business executive Olafur Vignir Sigurvinsson said he has been in

contact with someone representing Snowden and has not spoken to the

American himself. Private donations are being collected to pay for the

flight, he said.

"There are a number of people that are interested in freedom of speech

and recognize the importance of knowing who is spying on us,"

Sigurvinsson said. "We are people that care about privacy."

Disclosure of the criminal complaint came as President Barack Obama

held his first meeting with a privacy and civil liberties board and as

his intelligence chief sought ways to help Americans understand more

about sweeping government surveillance efforts exposed by Snowden.

The five members of the little-known Privacy and Civil Liberties

Oversight Board met with Obama for an hour in the White House

Situation Room, questioning the president on the two NSA programs that

have stoked controversy.

One program collects billions of U.S. phone records. The second

gathers audio, video, email, photographic and Internet search usage of

foreign nationals overseas, and probably some Americans in the

process, who use major Internet service providers, such as Microsoft,

Google, Apple, and Yahoo.

___

Associated Press writer Jenna Gottlieb in Reykjavik, Iceland,

contributed to this report.

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