Richard O'Dwyer Extradition Case 'Most Asked Question' Of Barack Obama

Richard Odwyer

First Posted: 31/01/2012 10:23 Updated: 31/01/2012 12:09

Barack Obama has been quizzed by Americans over the United States' decision to seek the extradition of a British student for copyright infringement.

Richard O'Dwyer, 23, is wanted over the TVShack website he created which enabled users to watch films and television shows for free.

His case topped of a list of subjects that American voters put to their president during an online question-and-answer session last night run by Google.

The question was submitted by Michael Mozart of Connecticut. He asked: "Why are you personally supporting the extradition of UK citizen Richard O'Dwyer for solely linking to copyright infringing works using an extradition treaty designed to combat terrorism and bring terrorists to judgement in the USA?"

Obama told him that he was "not personally doing anything" as the president did not get involved in such decisions.

"One of the ways our system works is the president doesn't get involved in prosecution decisions and extradition decisions and this has been a decision by the justice department," he said.

"Broadly, we want to make sure intellectual property is protected we want to make sure that the creative works of people in this country aren't expropriated, but we want to do it in a way that is consistent with internet freedom."

Earlier this month a UK court ruled the Sheffield Hallam student could be extradited to the US where he faces jail if convicted.

His legal team have argued that O'Dwyer's website was no different to search engines such as Google, as it merely pointed to copyrighted material rather than hosting it itself.

O’Dwyer's mother, Julia, told the Daily Mail that the UK government’s "passive acceptance of disproportionate extradition" was shameful.

"Now even Americans have woken up to the US administration’s excessive use of the extradition laws between our countries," she said.

"Given our government won’t protect its own citizens, it’s up to Obama to put a stop to the ridiculous and appallingly harsh attempts to extradite Richard, and others facing similarly unnecessary treatment."

The O'Dwyer case mirrors that of Gary McKinnon, the Briton accused by the US authorities of hacking into Pentagon computers in 2002.

American officials have demanded that he is tried in the US despite expert opinions obtained by McKinnon's legal team warning that his mental condition could lead him to commit suicide.

In December MPs demanded the government amended the UK-US extradition treaty amid fears it was unfair on British citizens, an accusation the American government has refuted.

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Barack Obama has been quizzed by Americans over the United States' decision to seek the extradition of a British student for copyright infringement. Richard O'Dwyer, 23, is wanted over the TVShack ...
Barack Obama has been quizzed by Americans over the United States' decision to seek the extradition of a British student for copyright infringement. Richard O'Dwyer, 23, is wanted over the TVShack ...
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11:58 AM on 02/09/2012
Obama is trying to avoid any kind of responsibility, even if he is not directly involved in seeking O'Dwyer's extradition, he is allowing it to take place. By failing to act he is endorsing the misuse of an agreement designed for the extradition of terror suspects, to be applied to a case involving copyright infringement.

The imprisonment of individuals relating to violations of intellectual property law is hugely disproportionate and unnecessary. Custody is designed to protect the public from those who are a danger to society, a fine and a fair trial in his home country would be a more proportionate way of upholding IP laws.

The Extradition Agreement of 2003 hugely favours the US with extraditions 5:2, it is much easier for the US to seek extraditions from the UK than the other way round. British courts are bowing to American pressure rather than protecting British citizens and considering the nature and gravity of O'Dwyer's alleged crimes. If Judge Purdy believes that his conduct would constitute a crime in the UK, why can O'Dwyer not be tried in the UK? There should be a ruling on the legality of applying the Extradition Agreement to such cases.
05:20 PM on 02/02/2012
This is now a question of sovereignty and whether a British Citizen, living in Britain, who has it seems not broken British law can be extradited to the US. The British Government has little option but to repeal this extradition treaty and replace it with one that cannot be abused in this way by the US. It is outrageous that the US government thinks it has some form of Jurisdiction here when what is being alleged is in essence an infringement of copy-write. In a sensible legal system this would be a civil matter

If the US thinks there is a case to answer then it should bring its charges in Britain where the alleged offences took place. The problem is that it would appear that O'Dwyer has not broken the law in the UK.
10:38 AM on 02/01/2012
The extradition treaty between the UK and the US is unbalanced in that extraditions to the US are more or less "on request", whereas those to the UK must be based on a US court agreeing that prima facie evidence exists.

The treaty should be suspended and replaced with one which gives 'equal rights' to both countries.
03:51 AM on 02/01/2012
Can we have our last British citizen from Guantanamo bay please, after 10 years of illegal detention!
02:56 AM on 02/01/2012
The british government for the handling of this case alone should be called to account for their disgracefull attitudes and behaviours to its citizens, this kid is the lastest in the line to be dumped on by his own political "leaders". Obama is full of it also, really..nothing to do with him? its his government, they all work for him..he's the head honcho, CEO of america, he could simply with a phone call stop it all..but no of course he wont because the american government is loving stomping on people (no, not the american people im talking the government) and taking away rights and throwing its weight around.
The fact the british government is just sitting by and letting this kid get bullied...should get everyones back up
01:53 AM on 02/01/2012
And the mighty CORPOCRACY rules all.
12:58 AM on 02/01/2012
Most Americans do not want the internet regulated, there was recently a big battle over that in congress
11:57 PM on 01/31/2012
Are these the facts of this case. If I set up a website which had links to other websites for which anyone could download music or films for free. I would be extradited to the U.S.A. for copyright infringement. as nobody could download anything from my website, Where is the copyright infringement. ? Can a lawyer explain this?
photo
HUFFPOST SUPER USER
minimemo
Can I be your friend...if they let me out...
11:50 PM on 01/31/2012
Another result of the Bush/Blair love in. Should be overruled as being an unfair law. Thanks Tony the tan :/ Link here to sign gov petition please...

http://epetitions.direct.gov.uk/petitions/27431
11:36 PM on 01/31/2012
If the American jury thinks O'Dwyer's likely sentence is excessive, it can acquit him regardless of the "law" and the facts, and the acquittal is binding. It's called "jury nullification". But the jurors won't be told this in court. They'll need to hear about it from elsewhere. Spread the word!
11:28 PM on 01/31/2012
It sems that the current President Of the USA forgets the statement of one of his predeccessors.
'The Buck stops here,'
HUFFPOST SUPER USER
gumpo
10:52 PM on 01/31/2012
If a Yank was sat in the U.S and set up a website that directed people to sites and the U,K asked for that person to be extradited to the U.K. it probably wouldn't get past a hearing here in our Courts to establish whether it fell within the remit of the extradition treaty's, let alone be accepted by the U.S., but as usual the U.S asks us to jump, and we reply "how high" !
I can't se how he has committed any offence here, and therefore shouldn't be extradited. The Companys in the U.S ought to be told, tough, tighten up your internet security, but no doubt some high flying burger eating cigar smoking American businessman who has contact within congress has been stung for a few bucks, so heads must roll !!
10:26 PM on 01/31/2012
This is a difficult one. Copyright law was set up to protect those who have originated material whether it be a piece of music, a film, or a book. It is in a way, stealing to encourage others to access it free of charge. Or perhaps you could call it dealing in stolen property. At the very least, it is unfair to take advantage of the hard work and talent of other people without being prepared to pay for the privilege.
11:32 PM on 01/31/2012
It does not warrant extradition. Extradition is supposed to be used for terrorists, murderers etc.
11:30 AM on 02/01/2012
I agree. It is over the top.
photo
AlanDente
Noses: made to hold glasses
11:06 AM on 02/01/2012
If I used the Yellow Pages to contact a plumber who sold me a bag of weed, would the Yellow Pages be liable?
HUFFPOST SUPER USER
sabpol
06:54 PM on 01/31/2012
I have always said the americans only want to know us when they want us to help fight their battles
08:12 PM on 01/31/2012
I think thats a bit in reverse it seems the US keeps coming to our aid in wars and conflagrations we are allies and I for one am grateful as my German is a bit Scleck so I probably would not have got on to well and as a Gypsy I would have been a bit dead Red xxx
11:33 PM on 01/31/2012
The US was very glad to help us in WW2, at a cost, we have only recently paid off 'our' war debt.
At the same time as our troops were fighting the war, US companies were trading with our enemy.
The US only decided to join in after they were attacked, happy to let us fight alone and pay for their armaments, such a good allied nation in our time of need.
11:34 PM on 01/31/2012
Only the attack by Japan brought the USA into the war, and even then many Americans only wanted a Pacific war.
06:09 PM on 01/31/2012
Looks like steve hit the mark as Huff seem to have pulled this article from their front (or any) page.

Gone off in a Huff again, truth hurts eh.