Acceptable Use Policy Which Bradley Manning Didn’t Sign Used By Prosecutors Against Him

[Catherina]

Acceptable Use Policy Which Bradley Manning Didn’t Sign Used By Prosecutors Against Him
By: Kevin Gosztola Thursday June 13, 2013 10:52 am

During trial proceedings for Pfc. Bradley Manning on Thursday, his defense objected to the use of a sample Acceptable Use Policy (AUP) he had not signed, which the prosecution wanted to use to elicit testimony on whether Manning exceeded his authorized access on his government computer.

...

Coombs stated in military court at Fort Meade that the defense was objecting because three of the counts Manning faces “rise and fall” on whether he violated the AUP.

He is accused of “knowingly” exceeding “his authorized access on a Secret Internet Protocol Router network (SIPRNet) computer” in Specification 2 and Specification 3 to “obtain information” that was classified. These are both alleged violations of the Computer Fraud and Abuse Act (CFAA). (Note: Specifications are like counts.)

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After Whyte concluded, Coombs had an opportunity to fully cross-examine the witness. He pressed Cherepko on how he could possibly remember the AUP Manning signed was similar to this sample AUP. He was not reading it on a “daily basis” nor was he “in charge of briefing other people on the AUP” to have them sign it. He did no reviewing of the document ever. He was basing all of his statements on what he remembered reading in the document back in 2009—three to four years ago.

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Then, this exchange happened:

COOMBS: Now, even within the AUP, the one term that the government had you look at with, you know, I will not add malicious code or whatnot, had a phrase in there without authorization, correct?

CHEREPKO: I believe so, sir. I don’t recall what it said but yes.

COOMBS: You don’t recall something you just read a few minutes ago?

CHEREPKO: Yes, sir.

COOMBS: Okay. So do you need me to refresh your memory on something you read a few minutes ago?

CHEREPKO: No, I’m fine. We’re good.

COOMBS: So, again, did it say without authorization in it?

CHEREPKO: On the sample AUP, sir?

COOMBS: Correct.

CHEREPKO I would, if you could refresh me that would be great.

COOMBS: I’ll be glad to.

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http://dissenter.firedoglake.com/2013/06/13/acceptable-use-policy-which-bradley-manning-didnt-sign-used-by-prosecutors-against-him/

[Hydra]

1. lol

They were so focused on torturing him that they wasted an entire year they could have been building an airtight(thought false) case against him.

And to think a DUer told me once while he was being held without charge: "Of course they have charges! Lots of them!"

You'd think they'd have ones that stick better...but then again we never heard about Jose Padilla's dirty bomb outside of the court of public opinion.