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Asymmetric Extradition - The American Way

Posted: 04/11/2012 23:00

I blame my partner. There I was having a perfectly nice day off, pootling my way through the Sunday newspapers and finding such intriguing articles as the fact that Britain has invaded all but 22 countries around the world over the centuries (France is the second most prolific invader but also has the dubious distinction of being the country most invaded by Britain, apparently).

Then he has to go and say "well, if the US ignores other country's laws, why should we be subject to theirs?". The following is the unavoidable result.

I had made the tactical blunder of sharing two articles with him. The first was an excellent interview in the Independent with news supremo and financial subversive, Max Keiser; the second was an article I found in my Twitter stream from the indefatigable Julia O'Dwyer about her son's ongoing legal fight in the UK.

The connection? Unfortunately and rather inevitably these days - extradition.

Richard O'Dwyer is the Sheffield student who is currently wanted by the USA on copyright infringement charges. Using a bit of old-fashioned get-up-and-go, he set up a website called tvshack.com, which apparently acted as a sign-posting service to websites where people could download media. Putting aside the simple argument that the service he provided was no different from Google, he also had no copyrighted material hosted on his website.

Richard has lived all his life in the UK, and he set up his website there. Under UK law he had committed no crime.

However, the American authorities thought differently. O'Dwyer had registered his website as a .com and the US now claims that any website, anywhere in the world, using a US-originated domain name (com/org/info/net etc) is subject to US law, thus allowing the American government to globalise their legal hegemony. The most notorious recent case was the illegal US intelligence operation to take down Megaupload and arrest Kim Dotcom in New Zealand earlier this year.

This has already resulted in foreign websites that attract the wrath of the US authorities being taken down, with no warning and no due process. This is the cyber equivalent of drone warfare and the presidentially-approved CIA kill list.

As a result, not only was O'Dwyer's website summarily taken down, he is now facing extradition to the US and a 10 year stretch in a maximum security prison. All for something that is not even a crime under UK law. His case echoes the terrible 10-year ordeal that Gary McKinnon went through, and highlights the appalling problems inherent in the invidious, one-sided UK/USA Extradition Act.

So how does this link to the Max Keiser interview? Reading it reminded me of an investigation Keiser did a few years ago into the extraordinary rendition of a "terrorist suspect", Abu Omar, from Italy to Egypt where he was inevitably, horrifically tortured. Since then, 23 CIA officers have now been tried under Italian law and found guilty of his kidnapping (let's not mince our words here). The Milan Head of Station, Robert Lady is now wanted in Italy to serve his nine-year sentence, but the US government has refused to extradite him.

So let's just reiterate this: on the one hand, the US demands EU citizens on suspicion that they may have committed a cyber-crime according to the diktats of American law, which we are all now supposed to agree has a globalised reach; on the other hand, US citizens who have already been convicted by the due legal process of other Western democracies are not handed over to serve their sentences for appalling crimes involving kidnapping and torture.

I have written at length about America's asymmetric extradition laws, but this is taking the system to new heights of hypocrisy.

Just why, indeed, should European countries religiously obey America's self-styled global legal dominion and hand over its citizens, presumed innocent until proven guilty, to the brutal and disproportionate US legal system? Especially when the US brushes aside the due legal processes of other democracies and refuses to extradite convicted felons?

It appears that the USA is in a hurry to reach and breach Britain's record for foreign invasions. But in addition to old-fashioned military incursions, America is also going for full-spectrum legal dominance.

 

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06:12 AM on 11/07/2012
Local and National SEO Consultant
09:34 PM on 11/06/2012
OK lets bring the truth to the table.
Richard O'Dwyer came up with TV share site TVShack.net
In 2010 he was asked to close it down, he refused.
In June 2010 it was closed down along with several other file sharing sites.
Within day O'Dwyer moved operation to TVShack.cc The main page of the new version included the cover image from a rap single called “F*** the Police”,
In Nov that too was closed down
The police knocked on his door that month.
Is this man a really such a victim and here's something else left out. It is a very lucrative business upto June 2010 O'Dwyer earned over £140,000
Even after this he moved location to
06:14 AM on 11/06/2012
Maybe we should be trying to extradite Secretary if State Hilary Clinton for the zillion unpaid congestion charge fines [and presumably parking tickets] that their embassy is running up in London. Or impound all embassy staff vehicles, until the fines are paid? Why do the Americans feel they are immune from such fines in Britain yet employ transatlantic collection agencies to chase even single parking tickets issued in America to Britons?
01:17 AM on 11/06/2012
Given that the inventor of the world wide web is English, the States has a bloody nerve attempting to get heavy handed with any part of it.

Berners-Lee had the kindness to make this resource free for all and that is how the Americans repay said kindness. Still, Obama will see to it that they lose their footing on the international stage by damning them to a debt never seen before.
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12:05 PM on 11/06/2012
"Given that the inventor of the world wide web is English, the States has a bloody nerve attempting to get heavy handed with any part of it. "

The web runs over/on the Internet which is an American invention and has been around for a lot longer.
02:36 PM on 11/06/2012
Irrelevant. It is like saying the States invented a tyre whilst the English invented the car.

The States invented darpa net which was a simple system for exchange of messages within the military. WIthout Berna's Lees gift to the world of the web based protocols, the modern web would not exist, and your pathetic government would be unable to bring any action of this kind.

By the way, we created America in the first place. Wheres the gratitude? Perhaps you should pay us for Freedom of Speech, use of the English language, use of English Law and of modern day democracy. If you want, we could spend the rest of the day listing things you should be grateful for.
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novelist2000
veritas non olet
12:11 AM on 11/06/2012
Thei lopsidedness is really quite annoying because when one of their own breaches other people's copyrights by manipulating databases it's quite okay. They just say, you hire an attorney in the US plus forensic IT staff to prove in court who did it. Their lack of fairness and justice is truly staggering, but then they promote another prayer book.
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11:31 PM on 11/05/2012
Annie Machon: Your article did not mention once Babar Ahmad. This is probably because it would be clear that the UK is a racist country.
01:06 AM on 11/06/2012
After reading through your previous comments, it is evident that you are extremely racist against white people, particularly white English people.

It is all but certain that you are a benefit receiving immigrant living in England. It must really grate, living here and sponging off white tax payers, the very people you despise.

I see you are a fan of the evil hook hand! Do you know he too had to rely on the good natured white man to feed and clothe both he and his entire family? In most societies, scrounging is considered disrespectful, especially when the scroungers are terminally lazy. Your society is obviously not very advanced.

A word of advice, do not expect English people to stand up for you lot, your problems are your own.

Manners are obviously lacking in your upbringing; you are hugely indebted to us and yet there is never a word of thanks or any appreciation. Make the most of it; the money pot is nearly empty and when a tipping point is achieved, people like you would be best off to go back to the medieval desert from whence you came.
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LadyRokujo
07:42 AM on 11/06/2012
Junis: The UK is NOT a racist country, but it is getting to the point where everybody is completely sick and tired of some people taking the absolute p*ss.
Plenty of immigrants live in the UK, abide by the law, work, pay taxes, and contribute to society. No problem.
Sadly, some immigrants think it acceptable to move to a foreign country and then proceed to stir up as much trouble as possible, inciting terrorism, preaching hatred of the society in which they reside, whilst all the while claiming tax funded benefits from said country that they express such hatred of. PROBLEM!
Unfortunately the UK is inept at dealing with these nasty pieces of work due to not being racist, but being terrified of being accused as such. Your double standards are absolutely disgusting.
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11:25 PM on 11/05/2012
Under UK law, the two british Muslims Talha Ahsan and Babar Ahmad ALSO committed no crime whatsoever. However, this did not prevent most 'white' Britons applauding their treacherous extraditions to America 4 weeks ago. This happened despite the fact they were already imprisoned for 6 and 8 years respectfully WITHOUT any trial. There is no way England is going to subject Richard O'Dwyer to the injustice of extradition because he is WHITE. I would be very surprised if I turned out to be wrong.
01:11 AM on 11/06/2012
Two less immigrants to house, clothe and feed is cause indeed for a celebration. I am certain I am not alone in applauding loudly the fact that these 2 terrorists from being kicked out of my country.

If they had stayed in the dump they were born in, they would never have been extradited. Perhaps you should think about that! In fact, given that you sound likely for deportation, why don't you go back to your gutter of birth while the going is good.

Oh, I forgot, you would have to actually work to survive back there.
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03:45 PM on 11/06/2012
Talha and Babar are not terrorists. If they are terrorists, for which terrorist event are they responsible?. Both of them were housing and feeding themselves because they were employed before they were imprisoned and treacherously extradited. Babar was born in the UK therefore his extradition to America is racially motivated treachery. Btw, I have read your other comments and it is pretty clear that you don't understand that the Internet is far more important than the www. The former can work without the latter but not the otherway round.
09:07 PM on 11/05/2012
Excellent article.
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Danish5666
What makes life worthwhile isn't measured by GDP
04:57 PM on 11/05/2012
"Just why, indeed, should European countries religiously obey America's self-styled global legal dominion and hand over its citizens, presumed innocent until proven guilty, to the brutal and disproportionate US legal system? Especially when the US brushes aside the due legal processes of other democracies and refuses to extradite convicted felons?"
Very good question indeed.
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11:22 AM on 11/05/2012
oh dear oh dear the american legal system pandering to big business ......
have any british politicians rec'd money directly or indirectly from the usa ..........
the best legal system money can buy.............................

heres an idea lets amend the extradition treaty with the united states.....................so its fair and just..
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Simon Stylites
Dreamer, reader, writer, fool.
12:09 AM on 11/05/2012
My suggestion below might not solve the extradition imbalance, but it could stop this pathetic charade of criminalising those who design or use file sharing web sites and calling them by the absurd name “Internet Pirates”:

Create internationally (perhaps payable to the UN but collected by ISPs) an Internet Tax of $1 per Internet connection per year, and stop persecuting the so-called “Internet Pirates”.

This tax will generate (on the latest figures, but increasing exponentially all the time) $2,267,233,742 per annum.

Take $267,233,742 for administration and that still leaves $2billion.

Give $1billion to the movie industry – let them fight over how it should be divided.

Split the other $1billion 3 ways between the music, games and ebook industries.

What percentage of the $2billion goes to each of all four industries can always be negotiated between them. Rather they use their lawyers against each other than against users of their products.

Everyone whose raison d’etre is to make money – makes money with no effort or lawyers’ fees.

Everyone who wants to relax to a movie or a music collection or a good book, can download what they can find without fear of going to jail – for only a dollar a year.
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10:17 PM on 11/04/2012
Thanks. I CANNOT understand how my free YouTube-MP3 downloading software is LEGAL but what this guy did is ILLEGAL. I just do not get it.
11:38 AM on 11/05/2012
Somebody else has already put the content on YouTube and you are free to view it, so all your software is doing is transferring it from the internet to your computer. The software is legal, but that does not mean the content itself is legal.
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realitytrumpsbull
Two 'alves of coconut!
09:30 PM on 11/04/2012
One way to stop it, is to start cutting up the internet, making it so that it's difficult, if not basically impossible, to establish an internet connection between countries, and clearly delineate jurisdiction, and lay it out in black-and-white as to what's enforceable, how far the enforcement authority goes, and where any such authority basically ends. Government and legal people will happily welcome themselves into your life and your wallet with impunity, otherwise. And, the internet has truly become an attorney's playground, music, movies, pornography, political speech, etc.   What happens, if there's an American content provider providing materials that are in breach of a country's internal laws, do they have the right/need to shut down the network node to prevent it? And, what of 'digital insurgency', deliberate efforts by probably government-affiliated people to agitate and mobilize the citizens of a different country, where does that 'fun' stop and get replaced with 404-NOT FOUND? It's the Internet, an International Network, governance and oversight of the entire (cr)apparatus is a joint and international responsibility, some want to shut it off, some want to take all the filters off...what's right, what's legal, what's feasible, what's just plain a waste of time? Many countries had a hand in helping to lay the foundation for the web, they can just as easily remove it if they want to...