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In UK, Hacker Demands New Government Block Extradition
Stoobalou writes "Pentagon hacker Gary McKinnon has called on the newly elected British government to put its money where its mouth is and tear up his extradition order. US prosecutors have been trying to get McKinnon before a New Jersey court for seven years after they caught him hacking into US military and NASA computers looking for evidence of UFOs. David Cameron, the newly elected prime minister, and Nick Clegg, the deputy prime minister, had both voiced their support for McKinnon's campaign against extradition. Other ministers in the coalition government had branded the extradition unjust. Clegg had even joined McKinnon's mother, Janis Sharp, on a protest march."
Whilst it's undeniable I think that he did actual do it, there are a lot of people that cannot see why he should be extradited. The UK already has adaquate laws for the prosecution of the crime, and the crime was committed in the UK so it has always seemed odd to a lot of people that he should have been extradited, especially with the massive imbalance in potential sentence between the UK and US for this. I rather suspect that that imbalance is what causes many people much disquiet.
Cameron is not going to be too concerned either way one suspects, although he will probably lean towards not extraditing him. Clegg however as a hard and a fast Liberal is almost certainly going to move all that he can to ensure he is not extradited. The one person to consider though in all this is Kenneth Clarke, whos is the Justice Secretary. He has interesting views - he once called Camerons plans for a British Bill of Rights "Xenophobic and a legal nonsensity". Quite what his feelings are on the extradition - and he gets the ultimate say as Justice Minister are as yet unknown. From what little I know of him personally I suspect he would favour prosecution in the UK but for all that his views are relatively unknown.
I'd welcome any other similar example too. Paying another country's taxes,
American expats are the only nationals in the world who have to pay income tax to their country of citizenship even when they have lived on foreign soil for decades.
When information is power, privacy is freedom.
Now I'm interested in anyone's explanation on why would someone have to face a legal process that's not of his country.
It depends on the rules of court for claiming jurisdiction, often jurisdiction is extended to the place where an offence is committed. This is not necessarily where the accused was at the time of the offence, as in this case, where, depending on the relevant law, the offence, at law, may have been committed where the "break-in" occurred.
As regards extradition, where I am .au, and I imagine in the UK too (since we share much of the same law on questions like these), an extradition should be granted only for an offence recognised by local (ie the country granting the request) law, and for which the punishment would not be considered unduly harsh by the standards of the local country. Thus most countries won't extradite (or even cooperate with supplying evidence) if there is a possibility that the state will execute the individual.
Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
But there is a special treaty between the US and the UK that makes it easier. The last I heard, the US hadn't gotten around to ratifying its half of the agreement though, so it is one direction only, but it has been only seven years or so. Anyone got an update?
... then how are they going to know how much you earn anyway? Surely you could just tell them anything and end up paying little or no tax?
In my experience, that's what usually seems to happen: people just ignore this law because it's almost impossible to enforce in many cases.
The exception is where the person still has a significant legal connection with the U.S. -- for instance, someone who works for a U.S. company in one of their foreign offices, and is paid by the U.S. arm of the company. Even in that case, there's a pretty large exemption on which you don't have to pay U.S. taxes, which pretty much covers your entire salary unless you're very well paid.
Because of the large exemption, the IRS also has little incentive to even try to enforce the law unless you're an executive or something and they suspect you have a substantial salary.
We live, as we dream -- alone....
Even here, in the UK, it's against the law to gain unauthorized access to a computer system.
BBZZZTTT, WRONG! Australians also have to pay income tax to the Aaustralian tax office even though the don't live there or use any of the services that income tax provides.
unfair and stupid, yes.
If you mod me down, I will become more powerful than you can imagine....
1) 50 years in PMITA prison is *not* commensurate to the crime
2) The level of damages has been inflated to include *actions they should already have taken* in order to justify the extradition.
3) He has ASKED to be tried in the UK, where the actual act AND intent were committed.
Terrorism? Seems to be a charge frivolously bandied around by the US a lot these days, ask anyone who has been in Guantanamo, or extraordinarily renditioned to Syria while transiting JFK en route home to Canada.
That is a straw man argument. You can't be given the death penalty for simple terrorism in the US. Please show me where there has been a district attorney who has even TRIED to get a death penalty punishment for someone other than 1st degree murder. While I am against the death penalty, that doesn't change the fact that a DA can only ask for the death penalty under a very strict set of circumstances. Hacking isn't one of them. And it isn't optional.
Tequila: It's not just for breakfast anymore!