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Australian Extradited For Breaking US Law At Home
Posted by
kdawson
on Mon May 07, 2007 03:33 AM
from the no-safe-haven dept.
from the no-safe-haven dept.
An anonymous reader sends us a link to a report in The Age about an Australian resident, who had never set foot in the US and broke US intellectual-property laws in Australia, being extradited to the US to face trial. Hew Raymond Griffiths pleaded guilty in Virginia to overseeing all aspects of the operation of the group Drink Or Die, which cracked copy-protected software and media products and distributed them for free. He faces up to 10 years in a US jail and half a million dollars in fines.
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Vice versa (Score:5, Interesting)
Re:Vice versa (Score:5, Informative)
I also have another one of a foreigner being sent to the US [bbc.co.uk] -- so it's not just Australia -- not that that's a good thing.
Some conjecture that I can't back up follows: I've read that the US rarely agrees to send their citizens overseas, rather just denying the extradition requests when they are in the courts.
Re:Vice versa (Score:5, Informative)
Needs to be said (Score:5, Informative)
But yet nothing is done to catch the 419 scammers and all the spammers selling (often fake) pharmaceuticals.
Glad to be German (Score:5, Informative)
Re:Glad to be German (Score:5, Informative)
(This is specified in Art. 16 (2) GG: http://www.datenschutz-berlin.de/recht/de/gg/gg1_
EU Expedited Extradition (Score:5, Interesting)
There's no limits on re-extradition.
Worse, there is no judicial check in the UK, that the reasons given for the extradition, really complies with the requirements for extraditing. This is why a McKinnon (who broke US PCs into had a look around and left) is being accused of doing $5000 damage to each PC, in order for it to be a Federal crime and hence extraditable. The extradition mechanism doesn't let a UK judge check it.
http://www.theregister.co.uk/2006/08/25/extraditi
In theory they could make any allegation against any UK citizen and get them extradited (kidnapped in effect) and the court could do nothing.
[rant]F***ing Blair. We elected a leader, and he became a Bush follower and sold us out. I'll piss on his grave when he dies for the damage he's done to the UK sovereignty. [/rant]
Re:Glad to be German (Score:5, Insightful)
Well as a UK Citizen, we signed an agreement that allowed USUK extradition.
However, the US hasn't, and won't sign their half !!!
In contract-law speak, this is called being 'screwed over'.
Blair (et al.) doesn't have the balls to revoke our ratification, despite the fact that several high-profile extradition cases have gone to the high court, and several high profile US->UK cases are just piling up, e.g. US servicemen causing in a large proportion of UK military deaths and casualties in Iraq/Afghanistan.
To quote one US airman, who had just strafed and killed solders in a UK convoy - "Man, we're going to jail.". But luckily, US laws only apply when/where they say it does.
Re:Glad to be German (Score:5, Informative)
Wanna bet... (Score:5, Insightful)
This is entirely unacceptable. (Score:5, Informative)
(a) the person engages in conduct; and
(b) the conduct results in one or more infringements of the copyright in a work or other subjectmatter; and
(c) the infringement or infringements have a substantial prejudicial impact on the owner of the copyright; and
(d) the infringement or infringements occur on a commercial scale.
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
(3) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in one or more infringements of the copyright in a work or other subjectmatter; and
(c) the infringement or infringements have a substantial prejudicial impact on the owner of the copyright and the person is negligent as to that fact; and
(d) the infringement or infringements occur on a commercial scale and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
If equivalent offences were not in existence in Australia, then perhaps I might be more willing to accept it (although even then I would have drastic reservations). As it stands, I cannot accept this.
Nice Precedent? (Score:5, Insightful)
Someone needs to ask for the extradition of your president and our prime minister for crimes against humanity - starting illegal wars, killing 10,000s of civilian non-combatants, detention without trial and lots more bad things.
Obviously they are not illegal in the USA or the UK because they say so, but there are lots of places where this sort of behaviour is against the rules. If such extraditions are not a good thing, perhaps someone should say why mass murder is less important than intellectual "property".
Re:Why is this news? (Score:5, Insightful)
He most certainly IS under US jurisdiction (Score:5, Insightful)
Perhaps the fact that he isn't under US jurisdiction?
He most certainly is under US jurisdiction. We own the Australian government, which means we own Australia, which means we own your ass. Break our laws and we'll slam you in our prisons, because we can, and it makes us money to do so.
Welcome to the new world order, Bush (Sr., Jr.) and Clinton style.
Until Australia (and, for that matter, the UK) learns to stand up to the world's biggest bully (what to my immense shame is what my country, the United States, has become), they and their people will be under our jurisdiction, subject to our laws on their own soil, and with no protection from their own governments. Just like the soviet satellite states of the last century, we'll let you wave your own flags and call yourselves whatever you like, but fuck with us and our cash flow, and we'll slam you into our gulag.
You want this to not be the case? Then elect and demand a government with some backbone that will tell the United States exactly where it can get off.
Re:He most certainly IS under US jurisdiction (Score:5, Insightful)
Re:He most certainly IS under US jurisdiction (Score:5, Insightful)
The US, at the moment, is not behaving as befits a leader in freedom and human rights. It's traditional allies should stand up and refuse to endorse the excesses. We are not helping our friends in the US by pandering to their government and corporate world's ugly abuses.
If you were to suffer a mental illness and set fire to your own house, who would be the better neighbor; the one who tried to stop you, and tried to extinguish the fire, or the one who followed you into the flames?
Re:He most certainly IS under US jurisdiction (Score:5, Insightful)
A very apt description of the relationship between Australia and the US, Howard and Bush.
And since John Howard is another Bush-like proto-fascist authoritarian, it should not surprise that his administration would play fast and loose with outdated concepts like "rights" and "sovereignty".
John Howard has chosen to lead Australia by following George Bush into the flames of his phony "war on terror", and the rest of us will have to live in the hell they leave behind.
Re:He most certainly IS under US jurisdiction (Score:5, Insightful)
Re:He most certainly IS under US jurisdiction (Score:5, Insightful)
Re:He most certainly IS under US jurisdiction (Score:5, Insightful)
Re:He most certainly IS under US jurisdiction (Score:5, Insightful)
We're a similar culture, a similar government, a common language, but the US doesn't "own" us any more than we "own" the US.
Just because we don't agree with the law being enforced doesn't mean we should complain about common laws being enforced across borders, it means we should be against that common law.
International cooperation is good, the law is bad.
Re:He most certainly IS under US jurisdiction (Score:5, Insightful)
Re:He most certainly IS under US jurisdiction (Score:5, Insightful)
Re:He most certainly IS under US jurisdiction (Score:5, Interesting)
This "New World Order" goes back at LEAST 60 years
I will say, however, that this is the first time I've heard of anything involving extradition for violating US law when the person involved has never set foot in the US, and the crimes never took place on US soil.
Re:He most certainly IS under US jurisdiction (Score:5, Insightful)
Re:He most certainly IS under US jurisdiction (Score:5, Insightful)
Re:He most certainly IS under US jurisdiction (Score:5, Informative)
Fascist America, in 10 easy steps
From Hitler to Pinochet and beyond, history shows there are certain steps that any would-be dictator must take to destroy constitutional freedoms. And, argues Naomi Wolf, George Bush and his administration seem to be taking them all
http://www.guardian.co.uk/usa/story/0,,2064157,00
Hope is very pleasant and all but once a nation starts down a road it can be hard to reverse course. Things can get _much_ worse. Empire is incompatible with democracy.
Re:He most certainly IS under US jurisdiction (Score:5, Insightful)
You're right, this is about representation first and foremost -- but the responsibility lies with citizens of other countries to ensure that their own governments protect them.
US laws -- and constitutional rights -- apply to US citizens. I'm not especially concerned about what other countries allow us to do to their own citizens. That doesn't mean I like it or condone it, but quite frankly these are the same people who deride us and our country on a regular basis. It strikes me as a little odd that their own paradisaical existence can be so terribly flawed as to permit them to be bundled up and submitted for processing by the big bad United States. Huh, maybe problems of government aren't unique to the US? Imagine that.
Re:He most certainly IS under US jurisdiction (Score:5, Informative)
Unfortunately, our current government has decided that it is not in fact a limited government and has repeatedly ignored the Constitution. Even the courts have noted this. Hopefully, hopefully we will be able to steer things back on course before it's too late. But that hope strikes me as dim, given the fact that Congress, for instance, has so much it can impeach the president for -- Gitmo, Warrantless searches, authorizing torture, denying habeus corpus, etc -- but has done nothing.
--sabre86
Re:Why is this news? (Score:5, Informative)
Re:Why is this news? (Score:5, Insightful)
Re:Why is this news? (Score:5, Insightful)
They do.
Just so long as it doesn't involve US citizens. Or military personnel.
Re:Why is this news? (Score:5, Insightful)
Re:Why is this news? (Score:5, Insightful)
Assuming you're American, would you want to be extradited to Australia for breaking an Australian law in the US even though you'd never been to Australia?
Re:Why is this news? (Score:5, Insightful)
If an American currently in Australia is mugged then that crime is comitted in Australia. The fact that American interests (people) were affected does not mean that the offence was comitted in the USA.
The global nature of the Internet does make the location of some crimes ambiguous but that doesn't make it right to just go ahead and pick a jurisdiction.
Re:Why is this news? (Score:5, Insightful)
Uh, yes, actually, it's called "sovereignty" and other countries get to have it too! Sucks for us, don't it?
If you want to stop "harm to American interests" then the appropriate method of doing it is to deal with the UN and international law, not to bully other countries into following our national ones.
Re:Why is this news? (Score:5, Insightful)
Oh, by the way, I'm sure you and just about every other American has done enough things that are illegal in some country that we'd be locked up for life, or worse, if we were extradited there. Have sex outside of marriage, or in some "deviant" (i.e., anything other than missionary) position? I'll bet that's a capital offense in some religion-infested place. Spit on the sidewalk? That'll land you in prison in Indonesia. Drive on the right side of the road? Ooh, that's a severe violation in England and Japan! Remember, it doesn't matter that you were driving down Route 66 at the time...
Now, think of the madness that would ensue if everyone were as stupid and shortsighted as you are. Aren't you glad you're not in charge?
Re:Why is this news? (Score:5, Insightful)
Re:If I was stealing AUS shit, yes, I'd expect to (Score:5, Insightful)
Personally, I moderate on the merits of the post. I have stopped correcting spelling/grammar errors by followup comment as I've discovered that English is not the first language of many posters, although their point of view is as valid as mine. Please don't be misled by the fraction of slashdotters who are loud-mouthed assholes and swagger around like ultra-patriots. Since this is supposedly a free nation, all of us must suffer the inelegant employment of that freedom by some in order to justify our own. I repeat, we are not a monolithic nation, but I concede it could look that way from afar...
Re:Why is this news? (Score:5, Insightful)
This case does not appear to be based on any of those theories of jurisdiction. According to the article, the US charged Mr. Griffiths with conspiracy. Under conspiracy, any one conspirator is liable for the acts of any other person in the conspiracy.
This is very troublesome when applied to such a mundane crime as copying works and giving them to people who never would have bought them in the first place. The actual effect of the conspiracy is arguably insignificant. It doesn't seem as troublesome when applied to something who planned the 9/11 attacks, where the effect is very significant. But the theory of jurisdiction is the same: conspiracy with people who committed criminal acts inside the prosecuting country.
Re:Why is this news? (Score:5, Funny)
Have a nice day.
Re:Listen... (Score:5, Insightful)
Huh? (Score:5, Insightful)
Since we don't want criminals using national borders to shield themselves, a large number of nations have extradition treaties with each other. There are restrictions on those treaties, for example Canada can refuse to extradite in cases where the person would face the death penalty, but in general if it is a legit request, the extradition is honoured.
Re:Huh? (Score:5, Insightful)
The only reason any of this seems OK is because it's going on between countries with similar laws. If the laws of two countries are too different nobody would thing it was a good idea. It would be like the US trying to extradite someone from Amsterdam for smoking pot. What if Iran decided it wants to extradite someone for breaking their laws? Doesn't seem like such a good idea does it?
Re:Huh? (Score:5, Interesting)
The Netherlands does actually get dozens of US extradition requests a year for drugs related crimes, and regularly does extradite Dutch citizens for engaging in drugs transactions with Americans and in some cases even with DEA agents operating on Dutch soil. It's a major political issue here, but the major (conservative) government coalition parties apparently basically tolerate this kind of activity because it creates a possibility to use forms of entrapment that would otherwise be illegal here, and it is easier to get people in jail in the US, particularly through plea bargaining, which is also illegal here. Just smoking pot is safe, though.
Re:Sad (Score:5, Insightful)
Now, the guy violated copyright law - Australian copyright law, as mentioned in TFA, However, since the unlawful act was carried out in Australia, I have no idea why he can't be sentenced there. The US argument is presumably that the copyright owners are in the US, but so what? If I injure a German person while he visits France, should I be extradited to Germany from France? This whole issue just seems bizarre.
Re:Sad (Score:5, Insightful)
FTFA: "...Griffiths, 44, is in a Virginia cell, facing up to 10 years in an American prison after a guilty plea late last month...."
This means the "accused" admitted he was wrong. Therefore, in the eyes of the law, his "question of guilt" has been examined by a court. Actually, there is not even a question of guilt, but an admission of guilt. He convicted himself in court. No need for the whole process. How many more times do I have to say he's guilty as examined by a court. A judge even has the chance to look at the facts of the case with a guilty plea and say "there's no case here, dismissed." But, that is not happening here because what occurred is legal in the US, Australia, and international law.
Better check your facts next time. Oh, wait; this is Slashdot.
Re:Sad (Score:5, Insightful)
Unfortunately, a few too many Australians. 40% of them voted for him directly, and another 6% for the national party with which they have a formal alliance. Due to the allocation of preferences this allowed them to ultimately win power. But you could not say that the majority of voters directly voted for him at the last election.
It certainly looks like alot less are going to vote for him now for our unconditional support in invading Iraq. The disaster that Iraq has proven to be wasn't so evident in 2004 at the last election, at least to the general public.
Its not like that many Australian companies have even had sweetheart deals with Iraq - so its hard to see even the commercial gain for the venture for Australia.
Whilst I think that most Australians (myself included) would support the US in any war or real threat to US soil, few of us really want to go invading other countries without good reason. One of the major holidays in Australia, ANZAC day, reminds us yearly of the horrors of unnecessary wars. The words we repeat at the end of the dawn service is "Lest we forget". It reflects the Australian ethos that war is a bad thing, and we should remember this. Sadly, it would seem that John Howard did forget the horror of war when he chose to support the invasion of Iraq.
Anyway, for the majority of Australians who didn't actually vote for John Howard at the last election, I think we are entitled to grumble a little.
But I certainly agree with you that we have no right to blame the US for our mistakes. Including John Howard. That was all our own doing.
Michael
Not really (Score:5, Insightful)
Thankfully we still have some sanity here in NZ. Although there was perhaps some keenness to hitch up withAustralia in the 1980s and 1990s, less kiwis think thta way now.
Re:Looks like he violated... (Score:5, Informative)
If you break a law in a country you get tried IN THAT COUNTRY. Extradition works to preserve that - if you break the law then leave the country, you can be extradited BACK to that country to stand trial.