Assange next set about hacking into the master terminal of Nortel, a big Canadian company that manufactured and sold telecommunications equipment. He also penetrated the US military-industrial complex, using his own sophisticated password-harvesting program, Sycophant. He hacked the US Airforce 7th Command Group Headquarters in the Pentagon, Stanford Research Institute in California, the Naval Surface War Center in Virginia, Lockheed Martin’s Technical Aircraft Systems plant in California, and a host of other sensitive military institutions. In the spring of 1991, the three hackers found an exciting new target: MILNET, the US military’s own secret defence data network. Pretty quickly, Assange discovered a back door. He got inside. “We had total control over it for two years,” he later claimed. The hackers also routinely broke into the computer systems at Australia’s National University.
But the Australian federal police’s computer crime unit was on their trail. They tapped the hackers’ phone lines and eventually raided Assange’s home. He confessed to police what he had done. But it wasn’t until 1994 that he was finally charged, with the case only being heard in 1996. He pleaded guilty in Melbourne’s Victoria County Court to 24 counts of hacking. The prosecution described Assange as “the most active” and “most skilful” of the group, and pressed for a prison sentence. Assange’s motive, according to the prosecution, was “simply an arrogance and a desire to show off his computer skills”.
At one point Assange turned up with flowers for one of the prosecution lawyers, Andrea Pavleka (described in Underground as “tall, slender and long-legged, with a bob of sandy blonde curls, booky spectacles resting on a cute button nose and an infectious laugh”). It was a courtly gesture. Galbally felt obliged to point out to Assange: “She doesn’t want to date you, Julian. She wants to put you in jail.”
Judge Leslie Ross said he regarded Assange’s offences as “quite serious”. But there was no evidence to suggest he had sought personal gain. He was indeed a “looksee” rather than a malicious hacker, and had acted, the judge said, out of “intellectual inquisitiveness”.
“I accept what your counsel said about the unstable personal background that you have had to endure during your formative years and the rather nomadic existence that your mother and yourself were forced to follow and the personal disruption that occurred within your household … That could not have been easy for you. It has had its impact on you obtaining formal educational qualifications which it seems were certainly not beyond you, and the submission that you are a highly intelligent individual seems to be well founded.”
The judge fined Assange $2,100. He warned him that if he carried on hacking he would indeed go to jail. Despite the fact the case was over, Assange got up to speak. The court transcript reads as follows:
PRISONER: Your Honour, I believe the prosecution has made several misleading claims in terms of the charges and therefore I elect to continue this defence if Your Honour would so let me.
HIS HONOUR: No, you have pleaded guilty, the proceedings are over. You would be well advised to come forward and sit down behind Mr Galbally.
PRISONER: Your Honour, I feel a great misjustice has been done and I would like to record the fact that you have been misled by the prosecution in terms of the charges of [indistinct] and a number of other matters.
HIS HONOUR: Mr Galbally, do you want to have a word with your client?
MR GALBALLY: Yes, Your Honour.
HIS HONOUR: Yes, go and have a word with him.
Assange considered himself the victim of a Solzhenitsyn-style injustice. A decade later, he would blog: “If there is a book whose feeling captures me it is First Circle by Solzhenitsyn. To feel that home is the camaraderie of persecuted, and in fact, prosecuted, polymaths in a Stalinist slave labour camp! How close the parallels to my own adventures! … Such prosecution in youth is a defining peak experience. To know the state for what it really is! To see through that veneer the educated swear to disbelieve in but still slavishly follow with their hearts! … Your belief in the mendacity of the state … begins only with a jackboot at the door. True belief forms when led into the dock and referred to in the third person. True belief is when a distant voice booms ‘the prisoner shall now rise’ and no one else in the room stands.”
Convicted but leniently treated, Assange was now an unemployed father in Melbourne surviving on a single parent pension. The family courts had given him sole custody of his son. Assange and his mother would spend years battling his former wife over access to Daniel; this developed into a bitter fight with the state over access to information in the case. Assange was also working unpaid as a computer programmer. He set up a site on the internet giving advice on computer security, called Best of Security. By 1996 it had 5,000 subscribers. Assange’s early commitment to free information, and free software, would slowly evolve into WikiLeaks. In words that now seem prophetic, Galbally had told the judge in 1996: “He is clearly a person who wants the internet to provide material to people that isn’t paid for, and he freely gives his services to that.”
Assange co-authored several free software programs as part of what would become the open source movement. (They included the Usenet caching software NNTPCache, and Surfraw, a command-line interface for web-based search engines.) He and a couple of collaborators invented the Rubberhose deniable encryption system. The idea was quite simple: that human rights activists who faced torture could surrender a password to one layer of information. Their torturers would not realise another layer was beneath.
According to the Rubberhose website, Assange conceived the software after meeting human rights workers, and hearing tales of abuse from repressive regimes such as East Timor, Russia, Kosovo, Guatemala, Iraq, Sudan and the Democratic Republic of the Congo. The website gives a flavour of Assange’s activist philosophy: “We hope that Rubberhouse will protect your data and offer a broader kind of protection for people who take risks for just causes … Our motto is: ‘Let’s make a little trouble.’”
As early as 1999 he came up with the idea of a leakers’ website, he says, and registered the domain name wikileaks.org. But otherwise he didn’t do much about it. Assange was living in Melbourne and quietly raising his son. The custody battle over, it was probably the most stable period in his life. Daniel – today a computer programmer – went to Box Hill high school in Melbourne’s eastern suburbs. Between 2003 and 2006 Julian studied physics and maths at Melbourne University as well as philosophy and neuroscience. He still didn’t manage to graduate. But the WikiLeaks idea stayed with him.
Assange drafted on his bravely named blog, IQ.org, an apparently fanciful theory for overthrowing injustice in the world: “The more secretive or unjust an organisation is, the more leaks induce fear and paranoia in its leadership and planning coterie. This must result in minimisation of efficient internal communications mechanisms (an increase in cognitive ‘secrecy tax’) and consequent system-wide cognitive decline resulting in decreased ability to hold on to power … Since unjust systems, by their nature, induce opponents, and in many places barely have the upper hand, mass leaking leaves them exquisitely vulnerable to those who seek to replace them with more open forms of governance. Only revealed injustice can be answered; for man to do anything intelligent he has to know what’s actually going on.”
Assange spoke of a high-flown calling: “If we can only live once, then let it be a daring adventure that draws on all our powers … The whole universe … is a worthy opponent, but try as I may I can not escape the sound of suffering … Men in their prime, if they have convictions, are tasked to act on them.”