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<title>Techdirt. Stories filed under &quot;extradition&quot;</title>
<description>Easily digestible tech news...</description>
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<image><title>Techdirt. Stories filed under &quot;extradition&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Thu, 16 May 2013 19:58:00 PDT</pubDate>
<title>NZ Supreme Court Will Review Kim Dotcom's Extradition Case</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130516/12483923107/nz-supreme-court-will-review-kim-dotcoms-extradition-case.shtml</link>
<guid>http://www.techdirt.com/articles/20130516/12483923107/nz-supreme-court-will-review-kim-dotcoms-extradition-case.shtml</guid>
<description><![CDATA[ Back in March, we noted that while a district court had <a href="http://www.techdirt.com/articles/20120815/23472720067/new-zealand-high-court-fbi-must-release-its-evidence-against-kim-dotcom.shtml">ordered</a> the US to hand over the evidence it was planning to use against Kim Dotcom, an appeals court had <a href="http://www.techdirt.com/articles/20130301/02155422167/kim-dotcom-loses-appeal-concerning-extradition.shtml">overturned</a> that ruling, and said that the evidence wasn't needed for the extradition fight.  Dotcom immediately appealed to New Zealand's Supreme Court, who has now said <a href="http://www.hollywoodreporter.com/thr-esq/kim-dotcom-case-be-reviewed-524004" target="_blank">that it will review that ruling as well</a>, so this case will continue to drag on for some time.<br /><br /><a href="http://www.techdirt.com/articles/20130516/12483923107/nz-supreme-court-will-review-kim-dotcoms-extradition-case.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130516/12483923107/nz-supreme-court-will-review-kim-dotcoms-extradition-case.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130516/12483923107/nz-supreme-court-will-review-kim-dotcoms-extradition-case.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-over-yet</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130516/12483923107</wfw:commentRss>
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<pubDate>Thu, 9 May 2013 05:52:54 PDT</pubDate>
<title>Eric Holder Answers Question About Kim Dotcom Prosecution</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130508/16334523008/eric-holder-answers-question-about-kim-dotcom-prosecution.shtml</link>
<guid>http://www.techdirt.com/articles/20130508/16334523008/eric-holder-answers-question-about-kim-dotcom-prosecution.shtml</guid>
<description><![CDATA[ Attorney General Eric Holder was <a href="http://www.washingtonpost.com/blogs/in-the-loop/post/what-are-the-details-of-eric-holders-trip-to-new-zealand-hard-to-determine/2013/05/08/d702e042-b7e4-11e2-b94c-b684dda07add_blog.html" target="_blank">in New Zealand</a> for a meeting of Attorneys General from the US, New Zealand, Canada, Australia and the UK.  Radio New Zealand got to meet up with Holder and after asking him about the meeting proceeded to <a href="http://podcast.radionz.co.nz/mnr/mnr-20130509-0815-attorneys-general_meet_in_auckland-048.mp3" target="_blank">ask him about the Megaupload case</a> (mp3), which the interviewer noted was of great interest to New Zealanders.
<br /><br />
Holder, in his usual fashion, answers with generalities that don't actually answer the questions being asked.  He gives his standard "intellectual property theft = bad!" speech:
<blockquote><i>
Well I don't want to comment on a case that is pending.  But I will say, more generally, that we are very concerned about the theft of intellectual property.  It's something that we take very seriously, both in the United States, and I think our allies do as well.  With regard that case, we've been cooperating with the New Zealand authorities.  And I will just rely on the pleadings we have filed in court to talk about that.
</i></blockquote>
First of all, we've pointed this out before, but you would think that the supreme "lawyer" for the government would know the damn law.  There is no "intellectual property theft."  That's a made up term by copyright maximalists.  There is such a thing as copyright infringement, which is what he means.  He should use the actual term.  Otherwise it does make him look like a pawn of Hollywood.... Which leads right into the next question.  The interviewer notes that Kim Dotcom has been saying that the case is all about the DOJ "heeding the beck and call of Hollywood moguls."  Holder immediately responds:
<blockquote><i>
Well, that's not true.  I don't want to comment on that case other than to say that it was brought on the basis of the facts and the basis of the law and it's consistent with the enforcement priorities that this administration has had.
</i></blockquote>
Well, yes, the enforcement priorities that have heavily been pushed for by Hollywood.
<br /><br />
The interviewer notes the various screwups in the case, and Holder doesn't bite, saying that there's been good collaboration and they expect everything to turn out fine in the end.  The next question is about how serious Holder is about pursuing extradition, and Holder makes it sound like no big deal:
<blockquote><i>
We have made an extradition request.  We have an existing treaty between the US and New Zealand that has been used a great many times throughout the years.  And I don't see how any individual would not be subject to that treaty.
</i></blockquote>
Uh.... that's a bullshit answer.  Because the problem with the extradition issue is not whether or not Dotcom is subject to it, but whether or not the issues in the case are subject to it.  The DOJ had to bolt on some questionable conspiracy claims to make this work, since mere copyright infringement is not an extraditable offense.  Holder also responded to a question about New Zealand's attempt to <a href="http://www.techdirt.com/articles/20130506/07342322961/new-zealand-wants-new-spying-powers-to-legalize-illegal-spying-kim-dotcom-others.shtml">spy more</a> on citizens and residents by saying he doesn't see how that violates civil liberties.  When questioned on that, he throws out some random statement about cooperation to stop terrorism, and again says that spying on people doesn't need to violate civil liberties.<br /><br /><a href="http://www.techdirt.com/articles/20130508/16334523008/eric-holder-answers-question-about-kim-dotcom-prosecution.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130508/16334523008/eric-holder-answers-question-about-kim-dotcom-prosecution.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130508/16334523008/eric-holder-answers-question-about-kim-dotcom-prosecution.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>blah-blah-blah</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130508/16334523008</wfw:commentRss>
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<item>
<pubDate>Fri, 1 Mar 2013 09:47:00 PST</pubDate>
<title>Kim Dotcom Loses Appeal Concerning Extradition</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130301/02155422167/kim-dotcom-loses-appeal-concerning-extradition.shtml</link>
<guid>http://www.techdirt.com/articles/20130301/02155422167/kim-dotcom-loses-appeal-concerning-extradition.shtml</guid>
<description><![CDATA[ To date, Kim Dotcom has been having a long string of victories in court in his ongoing battle with the US concerning their attempt to extradite him and try him in the US for creating and running Megaupload.  One of the big victories was the district court ruling that the FBI needed to <a href="http://www.techdirt.com/articles/20120815/23472720067/new-zealand-high-court-fbi-must-release-its-evidence-against-kim-dotcom.shtml">reveal its evidence</a> against Dotcom as a part of the extradition procedure.  The US DOJ had been arguing that the evidence only matters for the US trial, and that New Zealand should effectively rubberstamp the extradition.  Eventually, you knew there had to be some setbacks in Dotcom's case, and now an appeals court has <a href="http://www.abc.net.au/news/2013-03-01/court-rules-against-kim-dotcom-in-extradition-fight/4548452" target="_blank">overturned that earlier ruling</a>, and said that the FBI does <i>not</i> need to reveal its evidence.
<blockquote><i>
In its judgment, the Court of Appeal says extradition hearings are not criminal trials and that the judge deciding whether to order extradition has only to be satisfied there is a case to answer.
<br /><br />
The court said the US government had a duty of "candour and good faith" in making an extradition bid, but a summary of the evidence held would suffice.
</i></blockquote>
Dotcom has made it clear that he's going to appeal this to the Supreme Court, so there's still the possibility of at least one more level of review before this is over.  I'm sure there are specific reasons for today's ruling, but I have to admit it does seem odd that you can pull someone out of their home country and take them across an ocean without having to actually prove you have an actual case first.  The idea that the US government is doing any of this in "good faith" seems like an assumption that isn't particularly supportable in reality.<br /><br /><a href="http://www.techdirt.com/articles/20130301/02155422167/kim-dotcom-loses-appeal-concerning-extradition.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130301/02155422167/kim-dotcom-loses-appeal-concerning-extradition.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130301/02155422167/kim-dotcom-loses-appeal-concerning-extradition.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it's-going-to-happen-eventually</slash:department>
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<pubDate>Thu, 3 Jan 2013 13:28:00 PST</pubDate>
<title>Music Company Asks For Permission To Pursue Its Delayed Civil Suit Against Megaupload; States Extradition 'May Never Occur'</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130103/10213321569/music-company-asks-permission-to-pursue-its-delayed-civil-suit-against-megaupload-states-extradition-may-never-occur.shtml</link>
<guid>http://www.techdirt.com/articles/20130103/10213321569/music-company-asks-permission-to-pursue-its-delayed-civil-suit-against-megaupload-states-extradition-may-never-occur.shtml</guid>
<description><![CDATA[ It&#39;s not just Kim Dotcom that&#39;s tiring of the <a href="http://www.techdirt.com/articles/20120710/17055819652/kim-dotcom-offers-to-come-to-us-if-doj-releases-funds-legal-defense.shtml" target="_blank">endless procedural delays</a> in the US&#39;s prosecution of him and his service. Other plaintiffs who are looking to legally pursue Dotcom for infringement are getting fed up with the length of the process, which still has no end in sight.<br />
<br />
Microhits, one of two copyright holders who filed civil suits against Megaupload two months after after the FBI raid on Dotcom&#39;s home, has just requested it <a href="http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&#038;objectid=10856439" target="_blank">be allowed to move forward on its civil lawsuit as it feels the DOJ&#39;s case is taking too long to proceed</a>.
<blockquote>
<i>Microhits has asked the United States courts to stop delaying its case against Megaupload until the extradition issue is resolved - because it might never happen.</i><br />
<br />
<i>New papers filed with the US district court in Virginia say the extradition is "a mere possible future event but indeed an event which may in fact never occur."</i></blockquote>
Microhits, whose catalog includes Christina Aguilera, Rod Stewart, Marvin Gaye and Dr. Dre, had its original filing put on hold for six months to allow the US to proceed with its case, something the DOJ doesn&#39;t seem to be in any hurry to do. Megaupload&#39;s legal defense <a href="http://www.computerworld.com/s/article/9227079/Megaupload_files_motion_to_delay_civil_suit" target="_blank">requested these two civil suits be put on hold for a number of reasons</a>, while mentioning the close resemblance between Microhit&#39;s filing and the US government&#39;s indictment.
<blockquote>
<i>In its motion, Megaupload said the civil suit allegations "appear to be copied verbatim" from the indictment filed in January. If the civil suit progressed in parallel with the criminal case, Megaupload&#39;s defendants may be forced to assert their Fifth Amendment right against self incrimination but then waive it as part of the civil case, the motion said.</i><br />
<br />
<i>"This would be an unfair burden on their constitutional rights," the document contends.</i><br />
<br />
<i>Further, Megaupload argued it is broke, as its assets were frozen in January. The company has been asking the U.S. government to unfreeze some funds in order to pay for the preservation of upwards of 28 petabytes of data stored on the service and needed for the legal cases.</i></blockquote>
As it stands now, extradition hearings won&#39;t begin for another 8 months, and Microhit is worried it may never get to directly pursue Megaupload -- and that Megaupload may have its money safely out of reach by the time it gets the green light.
<blockquote>
<i>Microhits also pointed to the potential loss of any damages. They said Mr Dotcom had posted messages on his Twitter account in which he wrote about his new Mega business. In the posts, Microhits said he had "openly avowed to move their assets and operations out of reach of the United States".</i></blockquote>
Megaupload&#39;s lawyers fired back, stating that its assets weren&#39;t even under Dotcom&#39;s control at this point.
<blockquote>
<i>They said the US Government had seized the assets and were "doling out limited amounts for living expenses and foreign counsel".</i><br />
<br />
<i>"Defendants&#39; assets are still sequestered and no amount of tweets and blog-posts will &#39;un-freeze them&#39; - that requires a court order."</i></blockquote>
<blockquote>
<i>Mr Dotcom&#39;s team said facing the civil action would be difficult because of no access to seized funds, seizure of books and records and no access to the former Megaupload servers. The FBI has copied parts of the servers and wanted to delete the rest.</i></blockquote>
So, even if Microhits receives the go-ahead, its options are greatly restricted by the DOJ&#39;s previous actions against Megaupload. Microhits does have a point, though -- this case has dragged on far too long with very little progress being made by the prosecution. At this point, it almost looks as though the DOJ has settled in for a war of attrition -- one that will slowly bleed Dotcom, keeping his assets frozen, his business closed and any evidence contained on Megaupload&#39;s servers in the control of people who can&#39;t seem to decide whether to <a href="http://www.techdirt.com/articles/20120321/12073218187/mpaa-asks-megaupload-data-to-be-retained-so-it-can-sue-users-then-insists-it-didnt-really-mean-that.shtml" target="_blank">keep it or destroy it</a>.<br />
<br />
The longer this drags on, the less likely it seems that the DOJ has a strong case. But, as <a href="http://www.techdirt.com/articles/20120829/12370820209/oops-after-seizing-censoring-rojadirecta-18-months-feds-give-up-drop-case.shtml" target="_blank">has been demonstrated</a> by <a href="http://www.techdirt.com/articles/20120508/02352318822/congress-begins-to-wonder-why-ice-doj-censored-popular-hip-hop-blog-year.shtml" target="_blank">other site seizures</a>, it really doesn&#39;t seem to matter whether there&#39;s a winnable case behind the shutdowns. Entities like the DOJ and FBI that are more than willing to <a href="http://www.techdirt.com/articles/20120731/03573919890/us-has-ignored-new-zealand-court-order-to-return-data-it-seized-megaupload.shtml" target="_blank">seize first and ask questions later</a> are probably not the kind that will step aside and let a civil suit take precedence. Microhits is going to find itself empathizing with Megaupload, as delay after delay push any sort of resolution back across the horizon.<br /><br /><a href="http://www.techdirt.com/articles/20130103/10213321569/music-company-asks-permission-to-pursue-its-delayed-civil-suit-against-megaupload-states-extradition-may-never-occur.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130103/10213321569/music-company-asks-permission-to-pursue-its-delayed-civil-suit-against-megaupload-states-extradition-may-never-occur.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130103/10213321569/music-company-asks-permission-to-pursue-its-delayed-civil-suit-against-megaupload-states-extradition-may-never-occur.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>when-even-the-'good-guys'-are-getting-sick-of-the-endless-delays...</slash:department>
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<pubDate>Wed, 28 Nov 2012 09:32:00 PST</pubDate>
<title>Richard O'Dwyer Cuts Deal To Avoid Extradition To The US</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121128/07520621168/richard-odwyer-cuts-deal-to-avoid-extradition-to-us.shtml</link>
<guid>http://www.techdirt.com/articles/20121128/07520621168/richard-odwyer-cuts-deal-to-avoid-extradition-to-us.shtml</guid>
<description><![CDATA[ It appears that the ridiculous saga of the US's baseless criminal case against Richard O'Dwyer is now ending, as O'Dwyer has <a href="http://www.bbc.co.uk/news/uk-england-south-yorkshire-20525891#TWEET400523" target="_blank">effectively cut a deal to pay a small sum</a> in exchange for avoiding extradition and trial in the US.  If you don't recall, O'Dwyer, a computer science student, ran TVshack.net, one of the sites that ICE and the DOJ seized during one of their many questionable censorship days, in which they seize domain names, in direct conflict with what the law requires. Then they went the extra step of seeking to <a href="http://www.techdirt.com/articles/20110615/14240014708/us-trying-to-extradite-uk-tvshack-admin-over-questionable-copyright-charges.shtml">extradite</a> O'Dwyer to face criminal charges in the US.  In this case, it was doubly bizarre, because O'Dwyer, a UK citizen, was running a site that was nearly identical to some other sites that had been found to be perfectly legal in the UK -- and one of the pre-requisites for a criminal copyright charge is that the person needs to be willfully violating the law.  Given that other comparable sites were found to be legal, it's difficult to see how US officials could meet that bar.  There was also the fact that the US was, as it had attempted in the Rojadirecta case, trying to create a completely made up theory of criminal copyright liability for <i>secondary infringement</i>.  In fact, as we noted in other cases, US courts have found that what TVshack was doing <a href="http://www.techdirt.com/articles/20120803/05165019928/judge-posner-embedding-infringing-videos-is-not-copyright-infringement-neither-is-watching-them.shtml">was not infringement</a>.
<br /><br />
The O'Dwyer case continued to get plenty of attention, with widespread <a href="http://www.techdirt.com/articles/20120703/10114319564/jimmy-wales-confident-that-uk-govt-wont-ignore-200000-signatures-against-odwyer-extradition.shtml">protests</a> in the UK, especially after UK officials <a href="http://www.techdirt.com/articles/20120313/10132918091/uk-govt-agrees-to-extradite-richard-odwyer-to-us-linking-to-possibly-infringing-stuff.shtml">approved</a> his extradition to the US.  Now, however, the case will be wrapped up under what's known as "deferred prosecution" in which O'Dwyer will pay a "small sum" and the case will be concluded.  You can see why O'Dwyer would do this deal after a year and a half of fighting the extradition.  It's also not too surprising that the DOJ would agree to such a deal, given how it ran from other similar cases once it realized that there was competent legal help absolutely decimating its ridiculous legal theories.  The DOJ had to realize that it was likely to lose badly even if O'Dwyer was extradited -- so now they get to save face and pretend that O'Dwyer paying a small sum is a form of "victory."
<br /><br />
It's good that the case is over and that O'Dwyer can get on with his life, though it's ridiculous that any part of this case ever happened.<br /><br /><a href="http://www.techdirt.com/articles/20121128/07520621168/richard-odwyer-cuts-deal-to-avoid-extradition-to-us.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121128/07520621168/richard-odwyer-cuts-deal-to-avoid-extradition-to-us.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121128/07520621168/richard-odwyer-cuts-deal-to-avoid-extradition-to-us.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sad-that-it-had-to-come-to-this,-but-good-that-it's-over</slash:department>
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<pubDate>Tue, 16 Oct 2012 15:02:00 PDT</pubDate>
<title>Gary Mckinnon Extradition To US Blocked By UK Home Secretary</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20121016/09573720718/gary-mckinnon-extradition-to-us-blocked-uk-home-secretary.shtml</link>
<guid>http://www.techdirt.com/articles/20121016/09573720718/gary-mckinnon-extradition-to-us-blocked-uk-home-secretary.shtml</guid>
<description><![CDATA[ Way back in 2002, Gary McKinnon made his Techdirt <a href="http://www.techdirt.com/articles/20021112/1041233.shtml">debut</a> when he was caught hacking into NASA and Pentagon computers from the UK in an apparent attempt to find evidence that America was covering up evidence of UFOs. Since that story, subsequent <a href="http://www.techdirt.com/articles/20080828/0946072123.shtml">stories</a> were done on how he basically went on an appeal-losing-tour to avoid being extradited to the United States. But now, despite all those losses, it appears the United Kingdom&#39;s version of Fox Mulder will indeed be staying in the UK and not be trotted off to the States.<br />
<br />
UK Home Secretary Theresa May has announced that <a href="http://www.bbc.co.uk/news/uk-19957138">McKinnon will not be extradited due to mental illness</a> and a fear for his safety. McKinnon reportedly suffers from both depression and Asperger&#39;s Syndrome, and experts consulting with May believe that he is a significant suicide risk if extradited.
<blockquote>
<i>Mrs May said: "After careful consideration of all of the relevant material I have concluded that Mr McKinnon&#39;s extradition would give rise to such a high risk of him ending his life that a decision to extradite would be incompatible with Mr McKinnon&#39;s human rights. I have therefore withdrawn the extradition order against Mr McKinnon."</i></blockquote>
<blockquote>
<i>Mrs May also said measures would be taken to enable a UK court to decide whether a person should stand trial in the UK or abroad - a so-called forum bar.</i></blockquote>
This move is immensely significant, as it represents the first time an extradition was blocked by a Home Secretary under the <a href="http://en.wikipedia.org/wiki/Extradition_Act_2003">Extradition Act of 2003</a>. As extraditions over alleged computer and IP crimes have come into <a href="http://www.techdirt.com/search.php?q=extradite">vogue</a>, with the United States leading the charge, it&#39;s a welcome sign that the UK wants to be able to review cases in which their citizens would potentially be carted across the world to face massive prison sentences (or worse). One would hope similar scrutiny would be applied in the case of Richard O&#39;Dwyer, though Theresa May has thus far <a href="http://www.techdirt.com/articles/20120723/00374519790/uk-wont-extradite-terrorists-if-you-build-site-that-helps-people-watch-tv.shtml">failed</a> to do so. Instead, she has so far bowed to the will of the United States and MPAA <a href="http://www.techdirt.com/articles/20120723/00374519790/uk-wont-extradite-terrorists-if-you-build-site-that-helps-people-watch-tv.shtml">sock puppetry</a> in extraditing him.<br />
<br />
To be clear, none of this suggests that McKinnon will not face a trial at home. In fact, according to May, the UK will now decide whether to bring a case against him at home.
<blockquote>
<i>She said it was now for the Director of Public Prosecutions, Keir Starmer QC, to decide whether he should face trial in the UK.</i></blockquote>
Where he can be tried without the added threat to his well-being. A foreign national, accused of computer crimes against the United States facing trial in his home country. How refreshing.<br />
<br />
&nbsp;<br /><br /><a href="http://www.techdirt.com/articles/20121016/09573720718/gary-mckinnon-extradition-to-us-blocked-uk-home-secretary.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121016/09573720718/gary-mckinnon-extradition-to-us-blocked-uk-home-secretary.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121016/09573720718/gary-mckinnon-extradition-to-us-blocked-uk-home-secretary.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hacker-stay-home</slash:department>
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<item>
<pubDate>Mon, 20 Aug 2012 12:35:00 PDT</pubDate>
<title>Just As Ecuador Grants Asylum To Assange, It Prepares To Extradite Blogger For Exposing Corruption</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120820/10434620100/just-as-ecuador-grants-asylum-to-assange-it-prepares-to-extradite-blogger-exposing-corruption.shtml</link>
<guid>http://www.techdirt.com/articles/20120820/10434620100/just-as-ecuador-grants-asylum-to-assange-it-prepares-to-extradite-blogger-exposing-corruption.shtml</guid>
<description><![CDATA[ We just wrote about <a href="http://www.techdirt.com/articles/20120820/01295420094/same-day-russia-sentences-pussy-riot-it-condemns-uk-over-julian-assange.shtml">hypocrisy</a> from Russia, condemning the UK over the Julian Assange situation at the same time that it was putting Pussy Riot in jail for political speech.  As someone <a href="http://www.techdirt.com/articles/20120820/01295420094/same-day-russia-sentences-pussy-riot-it-condemns-uk-over-julian-assange.shtml#c46">pointed out</a> in our comments, there's plenty of hypocrisy to go around, including with Ecuador, who, at the same time it's granting asylum to Assange, is likely preparing to <a href="http://world.time.com/2012/08/16/assanges-special-asylum-why-ecuador-isnt-nice-to-anyone-else/#ixzz240e3Bsi3" target="_blank">extradite a blogger</a> who was granted asylum after exposing corruption in Belarus.
<blockquote><i>
The plight of Barankov poses a real test of Ecuador&#8217;s commitment to human rights. A former Belarusian army captain, Barankov arrived in Quito in 2008 thanks to the Ecuadorian government&#8217;s very liberal immigration laws. He then set up a blog denouncing corruption and other crimes allegedly committed under authoritarian ruler Alexander Lukashenko. Ecuador initially granted him refugee status, but after a state visit by Lukashenko to Quito on June 29, he was arrested and is being held in the capital&#8217;s infamous, 19th century prison while the top court hears the case on Belarus&#8217; fresh extradition request. If sent there, according to his partner, Maribel Andrade, he will face charges of treason and could be put to death.
</i></blockquote>
Furthermore, the report in Time notes that Ecuador has a history of not respecting the basic privacy and human rights of its citizens and journalists:
<blockquote><i>
Indeed, the hospitality that Ecuador extends to Assange is withheld from Ecuadorians who may try to emulate his online whistle-blowing tactics. Since Assange entered the embassy, Ecuador&#8217;s government has scrapped the need for a warrant to investigate private Internet Protocol addresses. Additionally, for the second time in 18 months, on July 31 government officials and police seized the computers of the newsmagazine Vanguardia, which has been critical of the Correa Administration. The charge: that the publication had violated labor laws. As a result, Vanguardia only managed to go to print this week with the help of donated computers.
</i></blockquote>
Kinda makes you wonder if there are any reasonable governments out there.<br /><br /><a href="http://www.techdirt.com/articles/20120820/10434620100/just-as-ecuador-grants-asylum-to-assange-it-prepares-to-extradite-blogger-exposing-corruption.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120820/10434620100/just-as-ecuador-grants-asylum-to-assange-it-prepares-to-extradite-blogger-exposing-corruption.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120820/10434620100/just-as-ecuador-grants-asylum-to-assange-it-prepares-to-extradite-blogger-exposing-corruption.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>epic-failures</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120820/10434620100</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 20 Aug 2012 09:23:00 PDT</pubDate>
<title>The Same Day Russia Sentences Pussy Riot, It Condemns The UK Over Julian Assange</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120820/01295420094/same-day-russia-sentences-pussy-riot-it-condemns-uk-over-julian-assange.shtml</link>
<guid>http://www.techdirt.com/articles/20120820/01295420094/same-day-russia-sentences-pussy-riot-it-condemns-uk-over-julian-assange.shtml</guid>
<description><![CDATA[ Someone suggested to me recently that Pussy Riot is to Russia what Julian Assange is to the US.  The parallels are not exact -- especially given the accusations that were leveled in Sweden against Assange are not, on their face, political (and those who insist they know what happened between Assange and the two accusers should admit they have no idea what really happened, because only those three individuals truly do).  That said, it does seem clear that there is a separate factor at work in the Assange mess, and it involves significant political pressure from the US, who it has been claimed have a <a href="http://wikileaks.org/gifiles/docs/375123_fw-ct-assange-manning-link-not-key-to-wikileaks-case-.html" target="_blank">sealed indictment</a> ready for Assange, who for a variety of reasons they feel will be easier to get from the Swedes than the Brits.
<br /><br />
So it seems positively bizarre that on the very same day that Pussy Riot was sentenced to jail, Russia <a href="http://www.france24.com/en/20120817-russia-issues-warning-britain-over-assange" target="_blank">warned the UK against "violating fundamental diplomatic principles"</a> in its pursuit of Assange to ship him off to Sweden.  Honestly, if you had to pick one of those two cases to be sympathetic to, it seems that the Pussy Riot case is a much more clear-cut one of absolutely egregious behavior on the part of a prosecution.  For Russia to complain about the treatment of Assange -- on the very day that Pussy Riot was found guilty and sentenced -- seems especially rich.
<br /><br />
Both cases may involve significant levels of political tinkering against those who have embarrassed certain governments, but it's also pretty clearly taken away any moral high ground for the countries involved in speaking out against one another.<br /><br /><a href="http://www.techdirt.com/articles/20120820/01295420094/same-day-russia-sentences-pussy-riot-it-condemns-uk-over-julian-assange.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120820/01295420094/same-day-russia-sentences-pussy-riot-it-condemns-uk-over-julian-assange.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120820/01295420094/same-day-russia-sentences-pussy-riot-it-condemns-uk-over-julian-assange.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>there-is-no-consistency-in-national-politics</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120820/01295420094</wfw:commentRss>
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<pubDate>Thu, 16 Aug 2012 03:14:30 PDT</pubDate>
<title>New Zealand High Court: FBI Must Release Its Evidence Against Kim Dotcom</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120815/23472720067/new-zealand-high-court-fbi-must-release-its-evidence-against-kim-dotcom.shtml</link>
<guid>http://www.techdirt.com/articles/20120815/23472720067/new-zealand-high-court-fbi-must-release-its-evidence-against-kim-dotcom.shtml</guid>
<description><![CDATA[ The US's case against Kim Dotcom and Megaupload continues to run into significant problems.  While the US Justice Department (with an assist from New Zealand law enforcement) has continued to insist that extraditing Kim Dotcom halfway around the world to the US was a mere formality, and that the evidence against him need not be shown, the courts in New Zealand have taken a rather different view.  They <a href="http://www.techdirt.com/articles/20120529/18175419119/new-zealand-judge-wont-rubberstamp-kim-dotcom-extradition-orders-us-to-share-evidence.shtml">refused</a> to rubberstamp the acquisition as the US hoped.  Then, the New Zealand High Court <a href="http://www.techdirt.com/articles/20120615/17485919355/new-zealands-high-court-steps-into-extradition-fight-over-kim-dotcom.shtml">stepped in</a> to review the extradition issue, making a <a href="http://tvnz.co.nz/national-news/judge-rules-fbi-must-release-dotcom-evidence-5028543" target="_blank">final ruling</a> that says that the FBI needs to <a href="http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&#038;objectid=10827410" target="_blank">reveal its evidence</a> <b>and</b> that the extradition request <i>does not comply with the law</i> as currently written.
<br /><br />
In other words, a complete and utter failure by the FBI in this effort.
<br /><br />
The <a href="http://www.techfirm.com/storage/usmega/kimdotcomrights.pdf" target="_blank">full ruling</a> (pdf and embedded below) is quite an interesting read, if you've got the time.  Basically, the court agrees with the assertion from the US that an extradition hearing isn't meant to try the full case... but, then points out that this doesn't mean you completely ignore the basic rights of the accused.  It is still a criminal case, and as such they have certain basic rights that must be observed -- and which the US was trying to deny to Dotcom.  The court considers a variety of case law, including some Canadian extradition cases, and even directly notes that some past cases involved "rubber stamp" approvals of extradition (literally using that term).  However, more recent cases have pushed back against that and said that the home court need not try all of the evidence, but should at least look at the evidence to see if it is defective.
<br /><br />
The court further notes the fundamental unfairness of the argument made by the US and New Zealand: "severely restrict[ing] the ability of [one party] to file relevant evidence would not easily be characterised as 'fair.'"
<br /><br />
The bigger question, then, was whether or not the FBI needed to release its evidence to Dotcom, and again, the Court ruled against the US's position.  The Court notes that the law enforcement folks rely on obsolete and outdated caselaw to make their argument, and notes that "I do not find this line of authority particularly persuasive" because they really cover different issues, and (of course) the arguments made appear to be stretched from the original intentions.  The judge seems to recognize that the FBI and the Crown are making ridiculous arguments, noting that there is "nothing incompatible" with revealing the evidence in New Zealand and then using it in the US case should extradition be granted.
<blockquote><i>
In my view disclosure should be provided by the requesting state.  The Act provides the person sought with a right to challenge whether the threshold for extradition has been met before he will be extradited.  Consistent with the requirements of... the Bill of Rights Act to a fair hearing, the person sought should be given access to sufficient information to enable him or her to fully participate in that hearing on an equally informed basis.  Without access to materials relevant to the extradition hearing phase, the person sought will be significantly constrained in his or her ability to participate in the hearing and the requesting state will have a significant advantage in terms of access to information. 
</i></blockquote>
The order lists out what needs to be disclosed, and it's a pretty long list.  Basically "all documents" relating to each of the key charges.
<br /><br />
Separately, the judge noted that the "Record of Case" document, which the Crown (with the FBI) used to argue for extradition wasn't up to proper legal standards in that it did not provide the necessary info to support extradition.
<blockquote><i>
She also found the "Record of Case", the document which made the argument for extradition, did not currently meet the legal requirements. She said the FBI was under an "obligation of candour" to provide any evidence which could impact on the court's judgment of whether the extradition threshold had been met - and no information had been provided to support FBI claims. The document "did not comply", she said.
</i></blockquote>
Basically, this is the final ruling on this issue.  The New Zealand government and the FBI can't appeal it any higher and now have to actually let Dotcom and his lawyers see the evidence against him.  What a concept.<br /><br /><a href="http://www.techdirt.com/articles/20120815/23472720067/new-zealand-high-court-fbi-must-release-its-evidence-against-kim-dotcom.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120815/23472720067/new-zealand-high-court-fbi-must-release-its-evidence-against-kim-dotcom.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120815/23472720067/new-zealand-high-court-fbi-must-release-its-evidence-against-kim-dotcom.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-going-well</slash:department>
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<pubDate>Mon, 6 Aug 2012 12:30:07 PDT</pubDate>
<title>Leaked Documents Detail The MPAA's Plans For Sock Puppetry To Mislead People About Richard O'Dwyer</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120806/02595019941/leaked-documents-detail-mpaas-plans-sock-puppetry-to-mislead-people-about-richard-odwyer.shtml</link>
<guid>http://www.techdirt.com/articles/20120806/02595019941/leaked-documents-detail-mpaas-plans-sock-puppetry-to-mislead-people-about-richard-odwyer.shtml</guid>
<description><![CDATA[ Honestly, the MPAA needs to hire someone who actually understands a modern media strategy -- rather than a media strategy from the last century.  It seems like nearly <i>everything</i> they do or say is calculated to piss off the public, rather than convince them of anything reasonable.  Every chance they have to say the right thing, they say the wrong thing.  Every chance they have to take a step towards making a connection with the public, they go the other way.  We've seen how they call their biggest fans criminals.  We've seen how they attack the internet.  The latest is their Quixotic campaign against Richard O'Dwyer.
<br /><br />
TorrentFreak, which lately has been on a streak of finding and publishing leaked info from the legacy entertainment industry, has done it again, publishing <a href="http://torrentfreak.com/leaked-mpaa-memo-reveals-tv-shack-press-strategy-120805/" target="_blank">the MPAA's talking points document for responding to press inquiries about O'Dwyer</a>, the UK college student that the US government is trying to extradite from the UK for running TVShack.net.  They also have <a href="http://torrentfreak.com/mpaa-recruits-surrogates-to-support-extradition-of-uk-student-120806/?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">the MPAA's plans to find sock puppets to attack O'Dwyer</a>.  The two documents are from July 19th, so it's quite recent, and they try to respond to <a href="http://www.techdirt.com/articles/20120624/13305419447/jimmy-wales-campaigns-to-stop-despicable-attempt-to-extradite-try-richard-o-dwyer.shtml">Jimmy Wales'</a> recent involvement in trying to stop the extradition process.  As with any good propaganda, the MPAA appears to take comments out of context to twist them against O'Dwyer.  For example, it quotes that the site reminded people of how much money they were saving by watching free videos, rather than paying for movies.  But nothing in that statement says that the videos they were watching were infringing copies -- just substitutes for going to the theater.
<br /><br />
The sock puppet document is the really telling one, in that they admit that that the "overall media coverage has been and will continue to be challenging."  Now, when pretty much everyone sides with O'Dwyer and against the MPAA, a <i>normal, sane</i> organization might think that its strategy is (perhaps) a mistake.  But the MPAA instead decides to double down by trying to find sock puppets to publish blog posts and editorials about why O'Dwyer is a dirty stinking criminal:
<blockquote><i>
To counter these assertions, the MPAA and its allies need a coordinated effort to focus more on the criminal activity involved in the operation of TVShack and other similar linking sites. Ideally, this would be done through third parties &#8211; but finding third parties &#8211; especially in the United Kingdom &#8211; has been very difficult so far, so the MPAA must be prepared to respond to media requests on the issue and set the record straight to counter the misinformation campaign by our opponents.
</i></blockquote>
The thing is, the only "misinformation campaign" is coming from the MPAA itself, with these talking points and "how can we get stooges to spin this" document.  The folks supporting O'Dwyer have no such things.  They just speak the truth.
<br /><br />
Furthermore, the documents completely ignore the legal arguments that make the O'Dwyer case incredibly questionable.  They, of course, highlight the recent <a href="http://www.techdirt.com/articles/20120627/16430219517/exceptionally-troubling-ruling-uk-owners-links-site-guilty-conspiracy-to-defraud.shtml">surfthechannel.com ruling</a> in the UK to support the argument that O'Dwyer was breaking the law in the UK and the US.  But that ignores the <a href="http://www.techdirt.com/articles/20120628/15435419530/anonymous-courtroom-notes-raise-serious-questions-about-surfthechannel-conviction.shtml">many questions</a> raised by that ruling, and the fact that multiple similar cases went <a href="http://www.techdirt.com/articles/20100212/1549298157.shtml">the other way</a> or that similar US cases also seem to be <a href="http://www.techdirt.com/articles/20120803/05165019928/judge-posner-embedding-infringing-videos-is-not-copyright-infringement-neither-is-watching-them.shtml">going the other way</a> too (though, that last one came out after this document was written).
<br /><br />
There are also some laughable claims about how the decision to go after O'Dwyer was made by Homeland Security and ICE.  However, as documents in other cases have <a href="http://www.techdirt.com/articles/20120502/16575418746/judge-lets-feds-censor-blog-over-year-so-riaa-could-take-its-sweet-time.shtml">shown</a>, ICE relied heavily on claims from the RIAA and MPAA, despite little evidence to support those claims.
<br /><br />
Separately, the MPAA weakly tries to hit back on the claims about internet freedom by saying that "this case isn't about Internet freedom. It's about a man profiting from theft."  Funny, he hasn't been charged with "theft" as far as I can tell.  It seems that the MPAA has trouble with <i>ever</i> being truthful -- even when claiming its providing facts to counter misinformation.  And, as the Posner ruling recently showed, being a third party site that has embeds of infringing videos isn't infringing itself -- so arguing that O'Dwyer is some sort of master criminal is pretty laughable.
<br /><br />
Then there's this:
<blockquote><i>
Copyright law is a tool to protect the work of creators and makers, not censorship
</i></blockquote>
They should try to tell that to some of the many people whom copyright has been used to censor over the years.  The fact that copyright was <i>supposed</i> to be a tool to protect creators does not mean it can't be used for censorship. It is, regularly.  The two things are hardly mutually exclusive. And, if the MPAA were being honest (ha ha, I know...) it would note that it doesn't represent the interests of creators and makers at all.  It represents the studios, who do whatever they can to <a href="http://www.techdirt.com/articles/20110912/13500315912/hollywood-accounting-darth-vader-not-getting-paid-because-return-jedi-still-isnt-profitable.shtml">rip off</a> content creators... while keeping the copyright for themselves.  If the MPAA wants to spew bogus "talking points," (and get sock puppets to do so for it) perhaps it should start by figuring out how to defend its regular actions that block artists from getting paid.
<br /><br />
In the end, though, this just highlights how incredibly tone deaf the MPAA and its communications staff is to public perception.  Attacking Richard O'Dwyer, who has strong public support behind him is not a winning strategy by any means.  I'm trying to figure out what the MPAA thinks it's accomplishing here and I'm drawing a blank.  The more the MPAA seeks to demonize O'Dwyer, the worse it looks.  Even if he is extradited and convicted, all they're doing is creating another hero/martyr, and more people who think the MPAA is an old, out of touch, unwilling-to-adapt monster, locking up college students.  At best, I'm thinking the MPAA thinks this will act as an "education campaign" targeted at other sites running forums like O'Dwyer's.  But that seems doubtful at best.  Similar sites are all over the internet and have been for years.  All this effort is doing is helping the MPAA dig its own hole deeper and deeper.  It's like a perfect case study in how not to do communications strategy today.<br /><br /><a href="http://www.techdirt.com/articles/20120806/02595019941/leaked-documents-detail-mpaas-plans-sock-puppetry-to-mislead-people-about-richard-odwyer.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120806/02595019941/leaked-documents-detail-mpaas-plans-sock-puppetry-to-mislead-people-about-richard-odwyer.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120806/02595019941/leaked-documents-detail-mpaas-plans-sock-puppetry-to-mislead-people-about-richard-odwyer.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>nice-try-guys</slash:department>
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<pubDate>Mon, 23 Jul 2012 12:17:00 PDT</pubDate>
<title>Terrorists And Pedophiles Get More Protection In UK Than Guy Who Hosted Links To TV Shows</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120723/00374519790/uk-wont-extradite-terrorists-if-you-build-site-that-helps-people-watch-tv.shtml</link>
<guid>http://www.techdirt.com/articles/20120723/00374519790/uk-wont-extradite-terrorists-if-you-build-site-that-helps-people-watch-tv.shtml</guid>
<description><![CDATA[ For a while now, we've been following the ridiculous story of <a href="http://www.techdirt.com/search.php?cx=partner-pub-4050006937094082%3Acx0qff-dnm1&#038;cof=FORID%3A9&#038;ie=ISO-8859-1&#038;q=o%27dwyer">Richard O'Dwyer</a>, the student in the UK who the US is trying to extradite to face <i>criminal</i> charges, all because he created a website where people <i>linked</i> to streaming TV shows (some legal, some not).  At no time did he host illegal content.  He just built the site.  While the public has <a href="http://www.techdirt.com/articles/20120706/04332719602/poll-shows-only-9-uk-public-think-richard-odwyer-should-be-extradited.shtml">spoken out</a> against the extradition, the Home Office, led by Home Secretary Theresa May, has so far <a href="http://www.techdirt.com/articles/20120703/10114319564/jimmy-wales-confident-that-uk-govt-wont-ignore-200000-signatures-against-odwyer-extradition.shtml">held fast</a> to sending O'Dwyer across the Atlantic.
<br /><br />
Given all that, it's interesting to see this story, sent over by <a href="https://twitter.com/I_need_2_tell_u/statuses/226904911399501824" target="_blank">PressurCookrTheatr</a>, highlighting the <a href="http://www.telegraph.co.uk/news/uknews/immigration/9418163/The-foreign-criminals-we-dont-try-to-deport.html" target="_blank">kinds of folks that Theresa May and the UK Home Office have <b>refused</b> to extradite</a> over the last few years.  It turns out it's a large and growing number, and even includes some terrorists.  In those cases, however, May has magically decided that there are "human rights" reasons to keep them in the UK.
<ul><i>
<li>In 2011, at least one terrorist &#8211; and possibly up to four &#8211; was allowed to stay, as well as up to eight killers and rapists. Also among the total were 20 robbers and up to eight paedophiles, plus as many as four people convicted of firearms offences.</li>
<li> In 2010, the Home Office conceded in the cases of up to four murderers and up to four people convicted of manslaughter, as well as up to four rapists, up to eight paedophiles and 43 people convicted of violent crime or robbery. </li>
</i></ul>
That's from The Telegraph, which found out that and much more via a Freedom of Information Act request.  The article has a lot more detail, but it seems pretty clear that May and the UK government have rejected extradition on all sorts of cases involving people accused of all sorts of horrible things.  But when it comes to O'Dwyer?  Well, you know, the MPAA is upset with him, so he's gotta go...
<br /><br />
Apparently many of these decisions were made to avoid violating the Human Rights Act.  For example, one guy, a Ukrainian accused of running "Britain's biggest sham marriage racket," has avoided extradition because he has two kids in the UK.  What O'Dwyer should have been doing, instead of fighting extradition through legal means, was knocking someone up so he had a kid in the UK to convince Theresa May that he should stay.<br /><br /><a href="http://www.techdirt.com/articles/20120723/00374519790/uk-wont-extradite-terrorists-if-you-build-site-that-helps-people-watch-tv.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120723/00374519790/uk-wont-extradite-terrorists-if-you-build-site-that-helps-people-watch-tv.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120723/00374519790/uk-wont-extradite-terrorists-if-you-build-site-that-helps-people-watch-tv.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>terrrorists-don't-bother-the-MPAA</slash:department>
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<pubDate>Wed, 18 Jul 2012 01:21:04 PDT</pubDate>
<title>Pro-Copyright Judges Never Drop Cases Over Conflicts, So Why Does Megaupload Judge Have To Step Down?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120718/00503119739/pro-copyright-judges-never-drop-cases-over-conflicts-so-why-does-megaupload-judge-have-to-step-down.shtml</link>
<guid>http://www.techdirt.com/articles/20120718/00503119739/pro-copyright-judges-never-drop-cases-over-conflicts-so-why-does-megaupload-judge-have-to-step-down.shtml</guid>
<description><![CDATA[ This isn't a huge surprise, but yesterday, we wrote about some <a href="http://www.techdirt.com/articles/20120716/12223419716/nz-judge-dotcom-extradition-case-speaks-out-against-tpp-us-copyright-extremism.shtml">comments</a> by Judge David Harvey in New Zealand concerning region coding on DVDs and the New Zealand/US negotiations over the TPP agreement.  None of this had anything to do with Megaupload or the Dotcom case, but at one point he referred to a tweet that did a slight satire on the famous saying, and noted that "we have met the enemy and he is [the] US."  The press was already blowing this out of proportion -- suggesting, totally incorrectly, that he had "called the US an enemy" when it came to copyright law.  That's not true at all.  Beyond the fact that he was paraphrasing a common saying in a clearly hyperbolistic manner, the issue he was talking about was very specific to anti-circumvention issues related DVD region coding, and nothing, whatsoever to do with the direct issue in the case.
<br /><br />
That said... as many people are noting, Judge Harvey, recognizing the press furor about all this <a href="http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&#038;objectid=10820496" target="_blank">has stepped down from the case and will allow another judge</a> to pick up the extradition issue down the road.  This is unfortunate, as Judge Harvey is noted as one of New Zealand's key internet law experts, who really understood these issues at a deep level.  Still, it's unclear if this change will have a huge impact on the case.  The judge taking over for Harvey, Judge Nevin Dawson, has also been involved in the Megaupload case, and was the judge who <a href="http://www.techdirt.com/articles/20120221/14490517833/megaupload-boss-kim-dotcom-granted-bail-after-us-fails-to-prove-hes-got-cash-stashed-away-to-make-escape.shtml">released</a> Dotcom on bail, despite pressure from the US to keep him locked up.  Furthermore, Harvey and Dawson are district court judges, and it seems likely that, in the end, this will involve New Zealand's High Court, which is <a href="http://www.techdirt.com/articles/20120615/17485919355/new-zealands-high-court-steps-into-extradition-fight-over-kim-dotcom.shtml">already engaged</a> and has <a href="http://www.techdirt.com/articles/20120628/00065919518/yet-another-yes-another-error-megaupload-case-search-warrants-ruled-illegal.shtml">already</a> ruled against the US.
<br /><br />
But, here's the bigger issue: we see stories of judges in big copyright cases all the time who have strong ties to pro-copyright or copyright maximalist organizations... and people shrug and move on.  Let's just say, for example, if Judge Harvey had said that he agreed with New Zealand's efforts to join the TPP because he thought that New Zealand needed stronger anti-circumvention rules to protect DVDs, would anyone even blink an eye?  I doubt it.
<br /><br />
Furthermore, travel around the globe, and you find the exact opposite situation in many cases, where the judges <b>did not</b> step down.  Most famously, over in Sweden, the judge who heard The Pirate Bay trial had <a href="http://www.techdirt.com/articles/20090422/2213024614.shtml">close ties</a> to the copyright lobby, and was a member of a few organizations that worked towards promoting stronger copyright law.  It seems like that would be a much more direct and obvious conflict than Judge Harvey's... yet that Swedish judge stayed on.  Similarly, here in the US, Judge Beryl Howell, who <a href="http://www.techdirt.com/articles/20110323/16344113603/judge-says-mass-suing-people-infringement-is-perfectly-fine-even-benefits-defendants.shtml">bucked</a> the trend in copyright trolling cases, by allowing cases to move forward on questionable theories, was just recently an <a href="http://www.techdirt.com/articles/20110329/04174413675/judge-who-said-lumping-together-unrelated-copyright-cases-is-fine-is-former-riaa-lobbyist.shtml">RIAA lobbyist</a>, and prior to that had helped write the DMCA, while a Congressional staffer.  And, yet, she remained on the case.
<br /><br />
It seems that there's a pretty clear double standard at work here.  If you're strongly pro-copyright, no one blinks an eye if you are hearing copyright cases.  But, if you make an offhand joking comment that's marginally critical of US copyright policy in one specific area, totally unrelated to the case at hand... you step down.<br /><br /><a href="http://www.techdirt.com/articles/20120718/00503119739/pro-copyright-judges-never-drop-cases-over-conflicts-so-why-does-megaupload-judge-have-to-step-down.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120718/00503119739/pro-copyright-judges-never-drop-cases-over-conflicts-so-why-does-megaupload-judge-have-to-step-down.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120718/00503119739/pro-copyright-judges-never-drop-cases-over-conflicts-so-why-does-megaupload-judge-have-to-step-down.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>doesn't-make-sense</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120718/00503119739</wfw:commentRss>
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<item>
<pubDate>Tue, 10 Jul 2012 22:02:00 PDT</pubDate>
<title>Kim Dotcom Offers To Come To The US, If DOJ Releases Funds For Legal Defense</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120710/17055819652/kim-dotcom-offers-to-come-to-us-if-doj-releases-funds-legal-defense.shtml</link>
<guid>http://www.techdirt.com/articles/20120710/17055819652/kim-dotcom-offers-to-come-to-us-if-doj-releases-funds-legal-defense.shtml</guid>
<description><![CDATA[ We just noted how the procedural <a href="http://www.techdirt.com/articles/20120709/23075819636/megaupload-extradition-hearing-postponed-until-least-spring-2013.shtml">delays</a> in the case against Kim Dotcom meant that it was more difficult for him to fight back against the US government.  In response to all of this, Dotcom is offering the Justice Department a deal.  He will <a href="http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&#038;objectid=10818751" target="_blank">come to the US and defend the case here</a> if it agrees to unfreeze assets specifically to allow him to fight the case (i.e., pay lawyers and living expenses during the trial).  In other words, he's willing to skip the extradition fight and believes he can win in a US court, if they're willing to actually let him access the money to pay for the defense.  As he told the New Zealand Herald:
<blockquote><i>
He said he would willingly go to the US if he and his co-defendants were given a guarantee of a fair trial, money to pay for a defence and funds to support themselves and their families.
<br /><br />
"They will never agree to this and that is because they can't win this case and they know that already."
</i></blockquote>
This is an interesting move, because it's entirely possible that the DOJ <i>will</i> call his bluff here.  Certainly, some of the strength in Dotcom's case is that he wasn't violating New Zealand law (which is required for the extradition to take place).  A fight in a US court, against the DOJ, is a much tougher proposition -- and a very risky bet.  There are a lot of reasons why Dotcom may have a strong case, but the DOJ rarely loses.  It happens, but it's rare.  Even in extreme cases, the DOJ is pretty good at railroading those they indict to "plea" out of a case rather than face a full trial.<br /><br /><a href="http://www.techdirt.com/articles/20120710/17055819652/kim-dotcom-offers-to-come-to-us-if-doj-releases-funds-legal-defense.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120710/17055819652/kim-dotcom-offers-to-come-to-us-if-doj-releases-funds-legal-defense.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120710/17055819652/kim-dotcom-offers-to-come-to-us-if-doj-releases-funds-legal-defense.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>your-move</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120710/17055819652</wfw:commentRss>
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<item>
<pubDate>Mon, 9 Jul 2012 23:58:35 PDT</pubDate>
<title>Megaupload Extradition Hearing Postponed Until At Least Spring Of 2013</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120709/23075819636/megaupload-extradition-hearing-postponed-until-least-spring-2013.shtml</link>
<guid>http://www.techdirt.com/articles/20120709/23075819636/megaupload-extradition-hearing-postponed-until-least-spring-2013.shtml</guid>
<description><![CDATA[ Given all of the <a href="http://www.techdirt.com/articles/20120628/00065919518/yet-another-yes-another-error-megaupload-case-search-warrants-ruled-illegal.shtml">mistakes</a> made by both US and New Zealand officials in the raid on Kim Dotcom and Megaupload, there are a series of appeals going on in the case in New Zealand concerning some of the evidence as well as what information Dotcom is allowed to see.  While the extradition hearing was set to occur next month, <a href="http://www.wired.com/threatlevel/2012/07/dotcom-extradition-postponed/" target="_blank">it's now been pushed back until at least March 2013</a> and could get extended longer.  The idea is to give some time to let the appeals process run its course.
<br /><br />
Dotcom seems <a href="https://twitter.com/KimDotcom/status/222483281592066050" target="_blank">pretty pissed off about this</a>, as every moment of delay means more time during which his business has been shut down without a single adversarial hearing -- and during which it can't be re-established.  For pretty obvious reasons, this is immensely troubling.  There was no reason why Megaupload couldn't have been brought to court under a normal civil lawsuit process, like so many other companies over the years -- including Napster, Morpheus, Grokster, Aimster, Veoh, YouTube and others.  After the judge was able to hear both sides, they would have been able to determine if an injunction (and eventually, a complete shutdown) made sense or not.  Megaupload didn't have that luxury.  Instead, the US government simply decided to shut them down on what increasingly appears to be extraordinarily weak evidence.  And as the legal process draws out, that business is gone.
<br /><br />
What happens if the entire case falls apart?  The US government then will have destroyed what turned out to be a legitimate business on no basis.   This way, Hollywood gets to be happy, because the US government took out (at its own expense) a service they hated (but which many artists <a href="http://www.techdirt.com/articles/20120120/15060817494/busta-rhymes-backs-megaupload-says-record-labels-are-real-criminals.shtml">loved</a>).  That doesn't seem right at all.<br /><br /><a href="http://www.techdirt.com/articles/20120709/23075819636/megaupload-extradition-hearing-postponed-until-least-spring-2013.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120709/23075819636/megaupload-extradition-hearing-postponed-until-least-spring-2013.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120709/23075819636/megaupload-extradition-hearing-postponed-until-least-spring-2013.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-its-business?</slash:department>
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<item>
<pubDate>Fri, 6 Jul 2012 10:19:00 PDT</pubDate>
<title>Poll Shows Only 9% Of UK Public Think Richard O'Dwyer Should Be Extradited</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120706/04332719602/poll-shows-only-9-uk-public-think-richard-odwyer-should-be-extradited.shtml</link>
<guid>http://www.techdirt.com/articles/20120706/04332719602/poll-shows-only-9-uk-public-think-richard-odwyer-should-be-extradited.shtml</guid>
<description><![CDATA[ A poll conducted in the UK has found that <a href="http://www.guardian.co.uk/uk/2012/jul/06/richard-odwyer-extradition-opposed-majority?CMP=twt_gu" target="_blank">only 9% of those surveyed agreed that student Richard O'Dwyer should be extradited</a> to face criminal charges in the US for creating TVShack, a site that let people link to videos hosted elsewhere.  So far, the government has been <a href="http://www.techdirt.com/articles/20120703/10114319564/jimmy-wales-confident-that-uk-govt-wont-ignore-200000-signatures-against-odwyer-extradition.shtml">ignoring</a> public cries not to allow the extradition, but this poll really seems to suggest that the public is not too keen on shipping O'Dwyer overseas.
<blockquote><i>
Only 9% of the British public believe he should face trial in the US for his actions, according to the YouGov research. The largest group, 46%, said O'Dwyer should not be prosecuted at all, while 26% felt he should be tried in the UK.
</i></blockquote>
At some point, something has to give.  The UK Home Office can't keep pretending that this is a minor issue that it can brush under the rug to keep the American government (and Hollywood) happy.<br /><br /><a href="http://www.techdirt.com/articles/20120706/04332719602/poll-shows-only-9-uk-public-think-richard-odwyer-should-be-extradited.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120706/04332719602/poll-shows-only-9-uk-public-think-richard-odwyer-should-be-extradited.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120706/04332719602/poll-shows-only-9-uk-public-think-richard-odwyer-should-be-extradited.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>will-of-the-people</slash:department>
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<pubDate>Fri, 6 Jul 2012 03:03:00 PDT</pubDate>
<title>FBI Continues To Insist There's No Reason For Kim Dotcom To Be Able To See The Evidence Against Him</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120705/01494319582/fbi-continues-to-insist-theres-no-reason-kim-dotcom-to-be-able-to-see-evidence-against-him.shtml</link>
<guid>http://www.techdirt.com/articles/20120705/01494319582/fbi-continues-to-insist-theres-no-reason-kim-dotcom-to-be-able-to-see-evidence-against-him.shtml</guid>
<description><![CDATA[ We already noted that the New Zealand judicial system apparently isn't as willing as the US expected to <a href="https://www.techdirt.com/articles/20120529/18175419119/new-zealand-judge-wont-rubberstamp-kim-dotcom-extradition-orders-us-to-share-evidence.shtml">rubberstamp</a> approval of the extradition of Kim Dotcom.  Part of that ruling was a requirement that the US turn over the evidence they're using against Dotcom, so that he can counter it in fighting against the extradition.  However, it appears that the US is still fighting this, having the New Zealand prosecutor (who is fighting on their behalf) argue that <a href="http://www.stuff.co.nz/technology/7222754/Dotcom-can-see-one-file-of-22-million-says-FBI" target="_blank">Dotcom should only be allowed to see a single document out of the 22 million emails the FBI collected</a> and that this really isn't a matter for the New Zealand courts to concern themselves with, as they should just let the Americans handle it.
<blockquote><i>
Crown lawyer John Pike argued that there was no need for Dotcom to have access because he was not being tried in New Zealand.
<br /><br />
The judge in the extradition case needed only to decide if there was a case for him to answer in the US, Mr Pike said, and that question was answered by the record of case.
</i></blockquote>
That's kind of amazing when you think about it.  He shouldn't be allowed to even see the evidence against him... even if it might prove that there is no "case for him to answer to in the US."  That's what's so troubling about the US position on cases like this one and the O'Dwyer/TVshack case.  They seem to assume that it shouldn't be of any concern if they drag someone thousands of miles across oceans to face trumped up charges in the US.<br /><br /><a href="http://www.techdirt.com/articles/20120705/01494319582/fbi-continues-to-insist-theres-no-reason-kim-dotcom-to-be-able-to-see-evidence-against-him.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120705/01494319582/fbi-continues-to-insist-theres-no-reason-kim-dotcom-to-be-able-to-see-evidence-against-him.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120705/01494319582/fbi-continues-to-insist-theres-no-reason-kim-dotcom-to-be-able-to-see-evidence-against-him.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>of-course-not</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120705/01494319582</wfw:commentRss>
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<pubDate>Tue, 3 Jul 2012 11:29:00 PDT</pubDate>
<title>Jimmy Wales Confident That UK Gov't Won't Ignore 200,000+ Signatures Against O'Dwyer Extradition</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120703/10114319564/jimmy-wales-confident-that-uk-govt-wont-ignore-200000-signatures-against-odwyer-extradition.shtml</link>
<guid>http://www.techdirt.com/articles/20120703/10114319564/jimmy-wales-confident-that-uk-govt-wont-ignore-200000-signatures-against-odwyer-extradition.shtml</guid>
<description><![CDATA[ We mentioned, recently, that Wikipedia founder Jimmy Wales had <a href="http://www.techdirt.com/articles/20120624/13305419447/jimmy-wales-campaigns-to-stop-despicable-attempt-to-extradite-try-richard-o-dwyer.shtml">started a petition</a> to try to stop the extradition of Richard O'Dwyer, the UK student who set up a site for users to point others to online sources for TV shows (some of which were legit, some of which were infringing) -- and is now facing extradition and criminal charges in the US for daring to help people find video online.   Since then <a href="http://www.change.org/petitions/ukhomeoffice-stop-the-extradition-of-richard-o-dwyer-to-the-usa-saverichard" target="_blank">the petition has received well over 200,000 signatures</a>, including UK politicians <a href="http://www.guardian.co.uk/uk/2012/jun/29/richard-odwyer-160000?newsfeed=true" target="_blank">from all three parties</a>.  You might think that the UK government would take notice.
<br /><br />
Not yet, it seems.
<br /><br />
The UK Home Office <a href="http://www.v3.co.uk/v3-uk/news/2188558/home-office-ignore-anti-odwyer-extradition-petition" target="_blank">is apparently ignoring the petition</a> and sticking with the party (i.e., Hollywood lobbyist) line.  The site V3 (linked in the last sentence) reached out to the Home Office who said that they were aware of the petition, but didn't seem to care:
<blockquote><i>
"Richard O'Dwyer is wanted in the US for offences related to copyright infringement," a Home Office spokesman told V3. 
<br /><br />
"The UK courts found there were no statutory bars to his surrender under the Extradition Act 2003 and on 9 March the Home Secretary, having carefully considered all relevant matters, signed an order for his extradition to the US." 
</i></blockquote>
That said, Jimmy Wales insists that the "low level" spokesperson <a href="https://twitter.com/jimmy_wales/status/220154886598299648" target="_blank">"is wrong"</a> and he fully expects that the Home Office will, in fact, respond after meeting with him about this issue.  Let's hope that's true.  Given the large public outcries about other related copyright issues (SOPA, ACTA...) you would think that the UK government would at least be paying attention when a rather large group of the public speaks out on an issue related to copyright.  Hopefully, the answer given to V3 was just a spokesperson stalling until the Home Office is ready to officially address the matter.<br /><br /><a href="http://www.techdirt.com/articles/20120703/10114319564/jimmy-wales-confident-that-uk-govt-wont-ignore-200000-signatures-against-odwyer-extradition.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120703/10114319564/jimmy-wales-confident-that-uk-govt-wont-ignore-200000-signatures-against-odwyer-extradition.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120703/10114319564/jimmy-wales-confident-that-uk-govt-wont-ignore-200000-signatures-against-odwyer-extradition.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>public-will-be-damned</slash:department>
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<pubDate>Wed, 27 Jun 2012 14:39:00 PDT</pubDate>
<title>UK Politician Speaks Out Against The Travesty Of Trying To Deport Richard O'Dwyer To Feed Hollywood's Anger</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120627/00160319501/uk-politician-speaks-out-against-travesty-trying-to-deport-richard-odwyer-to-feed-hollywoods-anger.shtml</link>
<guid>http://www.techdirt.com/articles/20120627/00160319501/uk-politician-speaks-out-against-travesty-trying-to-deport-richard-odwyer-to-feed-hollywoods-anger.shtml</guid>
<description><![CDATA[ Given the <a href="http://www.techdirt.com/articles/20120624/13305419447/jimmy-wales-campaigns-to-stop-despicable-attempt-to-extradite-try-richard-o-dwyer.shtml">renewed attention</a> in the Richard O'Dwyer case, it's good to see UK MP Tom Watson <a href="http://www.guardian.co.uk/uk/2012/jun/25/tom-watson-richard-odwyer-extradition" target="_blank">speak out eloquently against the extradition</a>.  Watson hits on a bunch of good points, starting with the fact that O'Dwyer was "hung out to dry" by UK politicians who don't seem to even care about the details here.  He notes that the response is clearly disproportionate and then gets to the heart of the matter:
<blockquote><i>
"Somewhere behind this case lie the powerful vested interests of the content industry. If they succeed in exercising their lobbying might by forcing the extradition of an able student to face trial in America, it will further undermine public confidence in an important treaty designed to combat terrorism.
<br /><br />
"But let's also be honest about what is going on at the heart of this case: a generation for whom the net is not a 'new' technology are being hung out by an older generation of lawmakers who do not understand the new reality of the connected digital planet.
<br /><br />
"Mr O'Dwyer's situation can be sorted out with common sense at the top of the UK government and US administration. But how many more bright youngsters will have their lives turned upside down because we haven't reached a new copyright settlement that understands the internet is here to stay?"
</i></blockquote>
Of course, it won't just undermine confidence in the extradition treaty, but also in copyright law.  After all, O'Dwyer linked to content all over the web, rather than hosting it himself -- and a nearly identical site was already found legal in the UK (which certainly suggests a lack of "willful" infringement, which is necessary for a criminal copyright infringement charge in the US).  Either way, it's good to see more high profile people -- especially those in government, realize that the attempt to extradite O'Dwyer is a travesty.<br /><br /><a href="http://www.techdirt.com/articles/20120627/00160319501/uk-politician-speaks-out-against-travesty-trying-to-deport-richard-odwyer-to-feed-hollywoods-anger.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120627/00160319501/uk-politician-speaks-out-against-travesty-trying-to-deport-richard-odwyer-to-feed-hollywoods-anger.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120627/00160319501/uk-politician-speaks-out-against-travesty-trying-to-deport-richard-odwyer-to-feed-hollywoods-anger.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-would-be-a-mistake</slash:department>
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<pubDate>Mon, 25 Jun 2012 08:08:00 PDT</pubDate>
<title>Jimmy Wales Campaigns To Stop The Despicable Attempt To Extradite &#038; Try Richard O 'Dwyer</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120624/13305419447/jimmy-wales-campaigns-to-stop-despicable-attempt-to-extradite-try-richard-o-dwyer.shtml</link>
<guid>http://www.techdirt.com/articles/20120624/13305419447/jimmy-wales-campaigns-to-stop-despicable-attempt-to-extradite-try-richard-o-dwyer.shtml</guid>
<description><![CDATA[ Wikipedia founder Jimmy Wales is <a href="http://www.guardian.co.uk/commentisfree/2012/jun/24/richard-o-dwyer-my-petition" target="_blank">speaking out against the attempt to extradite Richard O'Dwyer</a> from the UK to the US.  As we've been <a href="http://www.techdirt.com/search.php?cx=partner-pub-4050006937094082%3Acx0qff-dnm1&#038;cof=FORID%3A9&#038;ie=ISO-8859-1&#038;q=richard+o%27dwyer">detailing</a> over the past year, O'Dwyer ran a site called TVShack.net, that was a search engine for TV shows.  It pointed people to the results, some of which were authorized -- and some of which were infringing.  But, of course, a search engine should not reasonably be blamed for the results in points to.  In fact, the admin of an extremely similar site in the UK, TV-Links, had faced criminal charges in the UK, but was <a href="http://www.techdirt.com/articles/20100212/1549298157.shtml">found not guilty</a>, because just linking to infringing content is not a crime.  And yet... the US has pushed <i>really</i> hard to extradite O'Dwyer, and tragically, the UK has <a href="http://www.techdirt.com/articles/20120313/10132918091/uk-govt-agrees-to-extradite-richard-odwyer-to-us-linking-to-possibly-infringing-stuff.shtml">approved</a> this charade.
<br /><br />
Wales recently met with O'Dwyer and learned the details of the story, and was quite reasonably horrified:
<blockquote><i>
<p>Given the thin case against him, it is an outrage that he is being extradited to the US to face felony charges. No US citizen has ever been brought to the UK for alleged criminal activity on US soil. There is a disparity here that ought to raise concerns at the highest levels of government in both the US and UK.</p><p>From the beginning of the internet, we have seen a struggle between the interests of the "content industry" and the general public. Due to heavy lobbying and much money lavished on politicians, until very recently the content industry has won every battle. Internet users handed the industry its first major defeat earlier this year with the epic <a href="http://www.guardian.co.uk/technology/2012/apr/18/online-copyright-war-internet-hit-back" title="">Sopa-Pipa protests</a> over planned copyright laws that culminated in a widespread internet blackout and 10 million people contacting the US Congress to voice their opposition.</p><p>O'Dwyer is the human face of that battle, and if he's extradited and convicted, he will bear the human cost.</p>
</i></blockquote>
Wales has set up an online petition addressed to the UK government seeking to 
<a href="http://www.change.org/petitions/ukhomeoffice-stop-the-extradition-of-richard-o-dwyer-to-the-usa-saverichard" target="_blank">stop the extradition of O'Dwyer</a>.  Who knows if it will actually have any impact, but getting more people to speak out about this ridiculous overreach by ICE and the Justice Department would be a good thing.<br /><br /><a href="http://www.techdirt.com/articles/20120624/13305419447/jimmy-wales-campaigns-to-stop-despicable-attempt-to-extradite-try-richard-o-dwyer.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120624/13305419447/jimmy-wales-campaigns-to-stop-despicable-attempt-to-extradite-try-richard-o-dwyer.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120624/13305419447/jimmy-wales-campaigns-to-stop-despicable-attempt-to-extradite-try-richard-o-dwyer.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>speak-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120624/13305419447</wfw:commentRss>
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<item>
<pubDate>Fri, 15 Jun 2012 18:35:05 PDT</pubDate>
<title>New Zealand's High Court Steps Into Extradition Fight Over Kim Dotcom</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120615/17485919355/new-zealands-high-court-steps-into-extradition-fight-over-kim-dotcom.shtml</link>
<guid>http://www.techdirt.com/articles/20120615/17485919355/new-zealands-high-court-steps-into-extradition-fight-over-kim-dotcom.shtml</guid>
<description><![CDATA[ As the Justice Department continues to pretend there's nothing strange at all about its highly questionable tactics in shutting down Megaupload and having its executives arrested, the courts are still struggling with the details.  A few weeks back, we noted that a judge in New Zealand <a href="http://www.techdirt.com/articles/20120529/18175419119/new-zealand-judge-wont-rubberstamp-kim-dotcom-extradition-orders-us-to-share-evidence.shtml">rejected</a> the US's demand that New Zealand merely rubberstamp an extradition order to the US, despite there being numerous questions over the case itself and whether or not extradition is appropriate.  As part of that, the judge also ordered the US Attorneys to hand over the evidence they're using to make the case against Dotcom and his colleagues, such that they can properly respond to the evidence. The US, as you might expect has gone absolutely ballistic about this, insisting that such an effort is impossible -- and that "it would take at least two months" to get the evidence together.
<br /><br />
Of course, to some of us, that suggests that the DOJ hasn't yet looked at the evidence -- and thus it shut down the company and arrested its staff first, without even knowing if a crime had been committed.
<br /><br />
Either way, that months-long delay presented a problem, since New Zealand had scheduled the extradition hearing for August 6th, and the Megaupload legal team deserved some time with the evidence to formulate its defense.  The latest, however, is that New Zealand's High Court has <a href="http://tvnz.co.nz/national-news/kim-dotcom-s-plea-drop-charges-rejected-4930614" target="_blank">agreed to an "urgent review" of the original ruling</a>.  The court also told the US to start the process of putting together the evidence to hand over to Dotcom's lawyers, but that it can wait until the High Court has reviewed the case before actually handing them over.
<br /><br />
No matter what, this is once again showing the US's hubris in this case -- assuming it could waltz into New Zealand, with highly questionable evidence, shut down a company, and extradite the executives to the US without anyone asking questions.  With each move in this case, more questions are raised about the competence of the DOJ staff who worked on this case, led by Neil MacBride -- a former "anti-piracy VP" for the copyright industries, who may have let his biases and previous (and future?) employers' interests get the best of him.<br /><br /><a href="http://www.techdirt.com/articles/20120615/17485919355/new-zealands-high-court-steps-into-extradition-fight-over-kim-dotcom.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120615/17485919355/new-zealands-high-court-steps-into-extradition-fight-over-kim-dotcom.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120615/17485919355/new-zealands-high-court-steps-into-extradition-fight-over-kim-dotcom.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-so-simple</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120615/17485919355</wfw:commentRss>
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<item>
<pubDate>Wed, 30 May 2012 07:59:00 PDT</pubDate>
<title>New Zealand Judge Won't Rubberstamp Kim Dotcom Extradition; Orders US To Share Evidence</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120529/18175419119/new-zealand-judge-wont-rubberstamp-kim-dotcom-extradition-orders-us-to-share-evidence.shtml</link>
<guid>http://www.techdirt.com/articles/20120529/18175419119/new-zealand-judge-wont-rubberstamp-kim-dotcom-extradition-orders-us-to-share-evidence.shtml</guid>
<description><![CDATA[ Once again, it appears that the US prosecution of Kim Dotcom and the other Megaupload folks suggests that US federal prosecutors have been acting like they have a slam dunk case, whereas every time anyone digs into the details, all of the important infrastructure is missing.  The latest is that the US seemed to assume that as long as they kept going on and on about the "mega conspiracy" and the "money laundering" involved (even if that "laundering" appeared to be normal payments to service providers), that New Zealand would rubber stamp the extradition request without reviewing any of the evidence.
<br /><br />
No such luck.
<br /><br />
The New Zealand judge is <a href="http://torrentfreak.com/megaupload-wins-crucial-evidence-disclosure-battle-with-us-govt-120529/?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">raising significant questions about the US's case</a> while also ordering the US government to provide copies of the evidence it is using to Dotcom's lawyers -- something the US insisted was not necessary.  What's clear is that the US really thought that New Zealand would just roll over and hand over Dotcom because they sprinkled the indictment with scary phrases like money laundering and conspiracy.  But, as the judge notes, the US seems to be taking a somewhat extraordinary interpretation of copyright infringement -- using <i>civil copyright infringement</i> as the basis for a <i>criminal</i> copyright charge... and then pumping up that criminal copyright charge into conspiracy and money laundering charges.  And that's important, because New Zealand won't extradite someone if the case is really just about copyright infringement.
<br /><br />
The distinction between civil and criminal copyright infringement is an important one -- and confusion over this point is one that the US government has been relying on in seizing various domain names for the past couple of years.  It's good to see that the judge here was not at all confused by this, and seemed to get to the heart of the matter pretty quickly.
<blockquote><i>
As I have already observed this is a case that is more complex than many.  There is a complex factual matrix and the justiciable issues are complicated by the fact that the United States is attempting to utilise concepts from the civil copyright context as a basis for application of criminal copyright liability which necessitates a consideration of principles such as the dual use of technology or what they be described as significant non infringing uses.
<br /><br />
The existence of criminal copyright charges is a keystone to providing the unlawful conduct element of the racketeering, money laundering and wire fraud charges...
</i></blockquote>
Separately, the judge was not at all persuaded that it would be too difficult to do discovery for the extradition phase of this case, because the evidence is all in electronic form.  Yes, the US argued that going through a discovery process to share evidence with Dotcom and his lawyers would be too difficult.  But the judge is having none of that:
<blockquote><i>
During the course of arguments the issue was raised as to the difficulty of effecting disclosure given that so much material is in electronic format.  During the course of argument I reminded counsel of recent amendments to the High Court Rules relating to electronic disclosure and what is a widespread and growing practice of the use of computer equipment and specialised search techniques to swiftly recover relevant material, to eliminate irrelevant or repetitive material and to utilise a number of search techniques including keynote searching, concept searching, clustering technology, predictive coding or document prioritising technology, email threading and near duplicate identification.  It may not be necessary under the circumstances to engage, at this stage of the process, in native file review but there are procedures available and that are utilised within the civil arena that will enable the prompt disclosure of relevant information.
</i></blockquote>
Perhaps I'm mis-translating my New Zealand, but I sense a certain hint of sarcasm in that statement.  The US government is really claiming that finding the relevant documents for disclosure is <i>too difficult</i> because it's in electronic format?  Really?  Thankfully, it appears that the judge in New Zealand isn't as technologically clueless as US prosecutors expected him to be.<br /><br /><a href="http://www.techdirt.com/articles/20120529/18175419119/new-zealand-judge-wont-rubberstamp-kim-dotcom-extradition-orders-us-to-share-evidence.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120529/18175419119/new-zealand-judge-wont-rubberstamp-kim-dotcom-extradition-orders-us-to-share-evidence.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120529/18175419119/new-zealand-judge-wont-rubberstamp-kim-dotcom-extradition-orders-us-to-share-evidence.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-so-easy</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120529/18175419119</wfw:commentRss>
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<item>
<pubDate>Thu, 19 Apr 2012 09:06:00 PDT</pubDate>
<title>Facebook Blocking Stories About Richard O'Dwyer's Fight Against Extradition To The US</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120418/15531718548/facebook-blocking-stories-about-richard-odwyers-fight-against-extradition-to-us.shtml</link>
<guid>http://www.techdirt.com/articles/20120418/15531718548/facebook-blocking-stories-about-richard-odwyers-fight-against-extradition-to-us.shtml</guid>
<description><![CDATA[ Well, this is unfortunate, though Facebook does have a history of somewhat arbitrarily deciding what you can and can't talk about.  A few years ago, we noted that it had <a href="http://www.techdirt.com/articles/20090408/2132314439.shtml">blocked any link</a> to The Pirate Bay -- even if it had nothing to do with infringing material.  A year later, we discovered an even more unfortunate situation, in that it wouldn't allow <a href="http://www.techdirt.com/articles/20100726/17493610367.shtml">any mention</a> of Power.com -- a company it was in a legal dispute with.  However, it keeps getting worse.  We've written multiple times about Richard O'Dwyer's <a href="http://www.techdirt.com/articles/20120313/10132918091/uk-govt-agrees-to-extradite-richard-odwyer-to-us-linking-to-possibly-infringing-stuff.shtml">fight</a> to prevent being extradited to the US for running a site, TVshack.net, which links to TV shows -- some of which were infringing.  As we noted, there are all sorts of important questions being discussed around this case, both about copyright law and the US's influence over UK courts.
<br /><br />
Apparently, Facebook doesn't want you discussing any of that.
<br /><br />
The Guardian's James Ball wrote an <a href="http://www.guardian.co.uk/technology/2012/apr/18/richard-odwyer-extradition-piracy-charges" target="_blank">interesting article about how some UK politicians are fighting</a> to stop the extradition.  It's a good article.  But, you won't find out about it on Facebook apparently.  The story details how Tim Farron, president of the LibDems, in the UK has called the extradition approval "ludicrous" and has asked the government to reconsider.
<br /><br />
However, as James Losey discovered, <a href="http://jameslosey.com/post/21345118902/when-spam-filters-go-too-far" target="_blank">Facebook won't let you post about it</a> -- calling the article "spammy or unsafe."  Specifically, it appears that (as with TPB) Facebook is blocking any and all mention of TVShack.net.  However, Facebook's spam implementation is <i>so stupidly programmed</i> that it can't figure out that this is a story about TVShack.net in the well-respected Guardian newspaper, and not a direct link to TVShack.net.  And, of course, merely linking to TVShack.net isn't against the law, so it's bizarre, obnoxious and stupid for Facebook to be blocking all such links in the first place.  Finally, since the US government <i>seized</i> TVshack.net nearly two years ago, I don't think the site is really that unsafe any more, unless you don't trust the government to keep its server clean (which, actually, might be reasonable).
<center>
<a href="http://imgur.com/UYvHa"><img src="http://i.imgur.com/UYvHa.png" width=500 /></a>
</center>
Either way, shame on Facebook for hamfisted "filtering" which blocks important and legitimate discussions. <b>Update</b>: Facebook has fixed this particular issue, and now lets people post that story, but it's unclear what the overall rules are.<br /><br /><a href="http://www.techdirt.com/articles/20120418/15531718548/facebook-blocking-stories-about-richard-odwyers-fight-against-extradition-to-us.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120418/15531718548/facebook-blocking-stories-about-richard-odwyers-fight-against-extradition-to-us.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120418/15531718548/facebook-blocking-stories-about-richard-odwyers-fight-against-extradition-to-us.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sad</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120418/15531718548</wfw:commentRss>
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<pubDate>Tue, 13 Mar 2012 11:07:21 PDT</pubDate>
<title>UK Decides Hollywood, US Gov't's Interests More Important Than Own Citizens; Extradites Student For Linking</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120313/10132918091/uk-govt-agrees-to-extradite-richard-odwyer-to-us-linking-to-possibly-infringing-stuff.shtml</link>
<guid>http://www.techdirt.com/articles/20120313/10132918091/uk-govt-agrees-to-extradite-richard-odwyer-to-us-linking-to-possibly-infringing-stuff.shtml</guid>
<description><![CDATA[ In January, a judge said that the UK <a href="http://www.techdirt.com/articles/20120113/09184917400/us-to-extradite-uk-student-copyright-infringement-despite-site-being-legal-uk.shtml">could</a> extradite student Richard O'Dwyer to the US to face criminal copyright infringement charges for the "crime" of linking to streaming videos  hosted elsewhere -- something that had already been <a href="http://www.techdirt.com/articles/20100115/1051307772.shtml">found legal</a> in the UK <a href="http://www.techdirt.com/articles/20110225/10324413257/uk-court-dismisses-yet-another-bogus-criminal-lawsuit-against-torrent-tracker-admins.shtml">multiple times</a>.  This is pretty important, because for it to be <i>criminal</i> infringement, it has to be willful, and if sites that were nearly identical to O'Dwyer's TVShack.net were found legal in his home country, where he lived and where he operated the site, it's difficult to see how there's anything willful at all.  
<br /><br />
Furthermore, since he's only <i>linking</i> there isn't direct infringement, only the possibility of secondary infringement.  Now, there are aiding and abetting laws, but it would have to be aiding and abetting of <i>criminal copyright infringement</i> and that would require the <i>users</i> of TVShack to be guilty of criminal infringement -- meaning that <i>they</i> were profiting from willful infringement.  And that doesn't seem likely either.  There are so many holes in the case it's difficult to understand why ICE and DHS are ruining the life of a UK student with no clear legal basis.
<br /><br />
Either way, as the UK government continues to kowtow to the US entertainment industry, the Secretary of State has taken the court's initial okay and <a href="http://www.bbc.co.uk/news/uk-england-south-yorkshire-17355203" target="_blank">approved the extradition</a>.  This is really damning for the UK government.  Given the growing concerns about the overreach of the entertainment industry to take away basic freedoms, sending Richard O'Dwyer across the Atlantic on bogus charges just so the MPAA can stick his head on a pike somewhere isn't going to go over very well.<br /><br /><a href="http://www.techdirt.com/articles/20120313/10132918091/uk-govt-agrees-to-extradite-richard-odwyer-to-us-linking-to-possibly-infringing-stuff.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120313/10132918091/uk-govt-agrees-to-extradite-richard-odwyer-to-us-linking-to-possibly-infringing-stuff.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120313/10132918091/uk-govt-agrees-to-extradite-richard-odwyer-to-us-linking-to-possibly-infringing-stuff.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sad</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120313/10132918091</wfw:commentRss>
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<item>
<pubDate>Mon, 6 Feb 2012 05:50:53 PST</pubDate>
<title>Would The US Extradite UK Blogger For Linking To Works In The Public Domain In Other Countries?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120201/00455517613/would-us-extradite-uk-blogger-linking-to-works-public-domain-other-countries.shtml</link>
<guid>http://www.techdirt.com/articles/20120201/00455517613/would-us-extradite-uk-blogger-linking-to-works-public-domain-other-countries.shtml</guid>
<description><![CDATA[ James Firth has an interesting post, talking about some of the more <a href="http://www.slightlyrightofcentre.com/2012/01/shrinking-public-domain-animal-farm.html" target="_blank">ridiculous consequences of current US law enforcement interpretation</a> of copyright law.  Looking at the case of Richard O'Dwyer, the computer science student that the US is getting closer to <a href="http://www.techdirt.com/articles/20120113/09184917400/us-to-extradite-uk-student-copyright-infringement-despite-site-being-legal-uk.shtml">extraditing</a> to the US to face <i>criminal</i> copyright infringement charges for merely <a href="http://www.techdirt.com/articles/20110615/14240014708/us-trying-to-extradite-uk-tvshack-admin-over-questionable-copyright-charges.shtml">linking</a> to infringing works (something that had already been found <a href="http://www.techdirt.com/articles/20100115/1051307772.shtml">legal</a> in the UK <a href="http://www.techdirt.com/articles/20110225/10324413257/uk-court-dismisses-yet-another-bogus-criminal-lawsuit-against-torrent-tracker-admins.shtml">multiple times</a>), Firth takes it to its logical ends.  He points out that George Orwell's works, <i>Animal Farm</i> and <i>1984</i> have gone into the public domain in  South Africa, Canada or Australia.  And thus, there are <i>completely legal</i> free copies of such works online.  But they're only legal in those countries.  In the US and the UK, both remain under the yoke of copyright thanks to copyright extensions.
<br /><br />
This leads to a simple fear.  If he merely pointed people to the location of these <i>completely legal</i> versions of the work, he would now be just as "guilty" as Richard O'Dwyer under the interpretation of the US Justice Department.  After all, he is using a .com domain (American property, according to the stretched interpretation of the DOJ) to link to works that technically infringe in both the UK -- where he is -- and the US, where the DOJ has suddenly become the US entertainment industry's private police force.
<br /><br />
This is creating a truly chilling effect on speech around the globe.  The public domain is the public domain for a purpose, and it's somewhat insane to think that US actions are now chilling the mere discussion of where public domain works in other countries can be obtained completely legally in those countries.<br /><br /><a href="http://www.techdirt.com/articles/20120201/00455517613/would-us-extradite-uk-blogger-linking-to-works-public-domain-other-countries.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120201/00455517613/would-us-extradite-uk-blogger-linking-to-works-public-domain-other-countries.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120201/00455517613/would-us-extradite-uk-blogger-linking-to-works-public-domain-other-countries.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>insanity-of-today's-copyright-laws</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120201/00455517613</wfw:commentRss>
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<pubDate>Fri, 13 Jan 2012 10:10:00 PST</pubDate>
<title>US Can Extradite UK Student For Copyright Infringement, Despite Site Being Legal In The UK</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120113/09184917400/us-to-extradite-uk-student-copyright-infringement-despite-site-being-legal-uk.shtml</link>
<guid>http://www.techdirt.com/articles/20120113/09184917400/us-to-extradite-uk-student-copyright-infringement-despite-site-being-legal-uk.shtml</guid>
<description><![CDATA[ Want to understand just how insane things may get under SOPA/PIPA?  Just take a look at what's <i>already happening</i> under today's laws.  Back in 2010, one of the first websites that Homeland Security's ICE (Immigrations & Customs Enforcement) group <a href="http://www.techdirt.com/articles/20100630/14391410029.shtml">seized</a> was TVShack.net.  TVShack was a site that collected <i>links</i> to TV shows.  Certainly, many of those shows were likely to be infringing -- but TVShack did not host the content at all, it merely linked to it.  Richard O'Dwyer, the guy who ran the site, was a student building an interesting project over in the UK.  However, the US Department of Justice decided that he was not only a hardened criminal, but one who needed to be tried on US soil.  Thus, it began <a href="http://www.techdirt.com/articles/20110615/14240014708/us-trying-to-extradite-uk-tvshack-admin-over-questionable-copyright-charges.shtml">extradition procedures</a>.  Even worse, nearly identical sites in the UK had already been <a href="http://www.techdirt.com/articles/20100115/1051307772.shtml">found legal</a> multiple <a href="http://www.techdirt.com/articles/20110225/10324413257/uk-court-dismisses-yet-another-bogus-criminal-lawsuit-against-torrent-tracker-admins.shtml">times</a> -- with the court noting that having links to some infringing content was certainly not criminal copyright infringement.  That makes things even more ridiculous, because extradition is <i>only</i> supposed to be allowed for activities that are criminal in both the US and the UK.
<br /><br />
But, seriously, think about how insane this is.  With all the problems in the world, the US was spending time trying to extradite a UK student to the US, because he set up a site that had links to some infringing material.  Is this really the best use of US law enforcement's time?
<br /><br />
O'Dwyer has been fighting the extradition attempt... but today, unfortunately, <a href="http://www.independent.co.uk/news/uk/crime/student-to-face-us-trial-over-tvshack-website-6289235.html" target="_blank">a UK judge ruled against him</a>.
<blockquote><i>
District Judge Purdy said in his ruling: "There are said to be direct consequences of criminal activity by Richard O'Dwyer in the USA albeit by him never leaving the north of England.
<br /><br />
"Such a state of affairs does not demand a trial here if the competent UK authorities decline to act and does, in my judgment, permit one in the USA."
<br /><br />
He added: "I reject all challenges advanced to this request. No bars or other challenge being raised or found, I send the case to the Secretary of State." 
</i></blockquote>
O'Dwyer can and almost certainly will appeal this decision.  But this is just ridiculous.  And this is under existing laws.  Just think what happens under SOPA/PIPA -- which are even more targeted at foreign sites.  Do we really want the US government going around the world, dragging kids from their homes and taking them back to the US to throw them in jail... because they set up a web page with some links on it?<br /><br /><a href="http://www.techdirt.com/articles/20120113/09184917400/us-to-extradite-uk-student-copyright-infringement-despite-site-being-legal-uk.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120113/09184917400/us-to-extradite-uk-student-copyright-infringement-despite-site-being-legal-uk.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120113/09184917400/us-to-extradite-uk-student-copyright-infringement-despite-site-being-legal-uk.shtml?op=sharethis">Email This Story</a><br />
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