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Judge Finds Cisco, US Authorities Deceived Canadian Courts

djmurdoch writes "The Vancouver Sun reports that 'The giant computer company Cisco and US prosecutors deceived Canadian authorities and courts in a massive abuse of process to have a former executive thrown in jail, says a B.C. Supreme Court judge.' Peter Adelkeye was arrested last year as he was testifying in a special hearing in Vancouver. It turns out he was there because US authorities would not grant him permission to enter the US to testify in a civil case between him and Cisco. The Canadian judge said that almost nothing in the US Attorney's letter was true, and has overturned his extradition order. Slashdot discussed this case in April."

47 of 165 comments (clear)

  1. Soon to be jailed by alphatel · · Score: 4, Funny

    En route to Switzerland, Adelkeye was caught molesting a hotel maid and was turned in by several Good Samaritans.
    "He just looked suspicious," commented a white man with shoe polish on his face. "Yeah, we saw him do it. Molesting that horse. I mean maid," quipped a gentleman with large glasses, puffy eyebrows and elongated nose.

    Adelkeye is expected to please guilty and spend life in prison. Barack Obama, who received a personal plea from Peter last year, stated that "those Canadians and their judges need to be held accountable for Adelkeye's release."

    --
    When the foot seeks the place of the head, the line is crossed. Know your place. Keep your place. Be a shoe.
    1. Re:Soon to be jailed by poetmatt · · Score: 2

      maybe you should have marked this idiocy or sarcasm or something, because it's about as offtopic as it gets. It's pretty disgusting to see such prosecutorial misconduct in the US, and yet the prosecutors aren't even getting a slap on the wrist.

    2. Re:Soon to be jailed by WrongSizeGlass · · Score: 3, Interesting

      It is conspiratorial. It projects a similar fate as Jullian Assange or Dominique Strauss-Kahn encountered, which some believe to be lies perpetrated by those in the government. This story doesn't make the government sound like they're above such things.

    3. Re:Soon to be jailed by GooberToo · · Score: 2

      It's pretty disgusting to see such prosecutorial misconduct in the US

      Hate to tell you, but stuff like this goes on daily in the US. Yes, daily. Many times per day all over the US. It is not uncommon in the least. Seriously, spend some time on websites which center on police, courts, and protection of constitutional rights. On a daily basis you'll find judges looking the other way, DA's lying and even fabricating evidence, police murdering citizens without prosecution, illegal arrests, so on and so on. Seriously, the ACLU is completely useless. If you're donating to them, you are literally wasting your money. In case you don't know, the US courts have literally legalized bribery of politicians and now even protects the identify of those bribing.

      If you're at all shocked to learn Amerika has arrived, honestly, you're not a good citizen. And that's one of the biggest problems which allows these abuses to take place. The simple truth is, no one wants to believe or hear the truth. That's completely why McCain lost the last election. He told the truth and was punished for it. Obama lied and did exactly what McCain said needed to be done. That's the facts. America is almost completely corrupt. Literally the only difference between totalitarian leaders and the US government and courts is in the US, they have legalized means to obscure it from public view. Add to the fact that most US citizens are dumb and even more absolutely do not want to know the truth means they get carte blanch to do almost anything they want.

      I sincerely challenge all of you to start investigating. If you think you are disgusted now, you will likely vomit when you finish a half dozen hours of honest research into the state of government, courts, and police in the US. And that's no hyperbole or exaguration.

    4. Re:Soon to be jailed by Anonymous Coward · · Score: 3, Interesting

      That is one of the dumbest comments I have ever seen on /., when governments and corporations consistently obfuscate, spin, propagandize and outright lie it is not a, "weak feeble mind" that doesn't trust the liars. For example you cherry pick the most ridiculous sounding theories and try to paint everyone with the same brush, that is part of the propaganda ploy to silence all who don't buy the "party line".

      The reality is that intelligent people question the facts when they don't add up and learn from experience. When dealing with pathological liars we tend not to trust the things they say. Based on past performance such as Operation Mockingbird, COINTELPRO and so on the government of the US engages in premeditated propaganda techniques to control it's own citizens. Maybe before getting all sanctimonious you should avail yourself of the government commission findings that are freely available. There is also quite a bit of evidence recently of the government conspiring with corporations to help the corporations, even at the expense of the people. It has become so commonplace that they do not even bother to hide it most of the time nowadays. In this instance we have the finding of a court of law that the US DOJ conspired with a corporation, in violation of the normal standards of law in the western world, to silence opposition to shady or outright illegal practices that the company was indulging in for profit. So it takes a really weak mind to blame "conspiracy theorists" when the evidence in sitting there in your face.

    5. Re:Soon to be jailed by drinkypoo · · Score: 2

      Seriously, the ACLU is completely useless. If you're donating to them, you are literally wasting your money.

      That's at least partly because just like we have a war on SOME drugs, the ACLU is only interested in SOME rights. The other part is that not enough people are on board. And I would be, if they were interested in one specific right that I believe must be protected in order to protect the all other rights. I can see why they don't want to be conflated with it, but I disagree with them strongly enough to distrust them as a result.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:Soon to be jailed by HungryHobo · · Score: 3, Insightful

      occams razor doesn't exlude simple conspiracies.
      which is all most have to be.

      a handful of powerful friends can fuck a lot of people over with very simple conspiracies like the one in the OP.

      They can be as simple as
      "we don't want him to give evidence? You write an official letter accusing him of something, I'll have an aide make up some bullshit rumors and spread those around and we'll try to make sure the court case is over before he's sorted out the mess"

      or even "fuck the law, make up some charge that's hard to defend yourself against then arrest him and throw him in jail"

      But those kinds of stories are boring.
      massive conspiracies are hard to hold together but a few golf buddies can do fine.

      Conspiracy nuts assume that the world trade centre was some kind of inside job with stupidly complex motives.
      In reality there's no need for that when the same ends can be achieved by a far simpler method of politicians simply taking advantage of the situation after the fact to push through whatever horrific measures they've always wanted.

      the problem isn't a deficit of trust.
      Hell more problems are caused by trusting fools who believe campaign promises and press releases.

    7. Re:Soon to be jailed by Betaemacs · · Score: 2

      Certainly there are both extremes, as there are extremes at both ends of any spectrum. Notice though how you denigrate one of those extremes and simply note the other. We live in the information age and propaganda is king, this technique of dismissing opposing viewpoints by invoking the magic words, "conspiracy theorist" lowers the level of discourse for all. True discussion does not rely on poisoning the well type techniques, but on the give and take of information judged on it's own merits.

    8. Re:Soon to be jailed by _Sprocket_ · · Score: 2

      is it A

      coincidence that the

      sentence structure of posts in this thread

      have started to become erratic

      or is it just mE

  2. Re:Boycott Cisco! by Anonymous Coward · · Score: 4, Funny

    Or switch to Linksys

  3. War! by sgt+scrub · · Score: 2

    May the Baldwins help us now!

    --
    Having to work for a living is the root of all evil.
  4. RCMP - Royal Canadian Monopoly Police by Anonymous Coward · · Score: 3, Insightful

    Our top cops are always eager to serve big corp, especially if they're Uncle Sam's big corp.

    1. Re:RCMP - Royal Canadian Monopoly Police by BForrester · · Score: 4, Informative
  5. Seriously, though by Ritchie70 · · Score: 4, Insightful

    When will the American populace finally tire of the country being for the corporations, of the corporations, and by the corporations and take it for the people instead?

    I think I'm going to go try to find a non crazy group that's working on this. Are there any?

    Or should i just join the ACLU and hope for the best?

    --
    The preferred solution is to not have a problem.
    1. Re:Seriously, though by PJ6 · · Score: 2

      Yeah, like they're going to pass legislation to change that, from the people that are all bought and paid for.

      Any real change must come without their permission. That means "a big to-do". People are lazy though, so it would take a total crisis to get the ball rolling. That's not going to happen over something like this.

    2. Re:Seriously, though by dkleinsc · · Score: 3, Insightful

      The ACLU isn't remotely crazy. They are focused on the First, Fourth, Fifth, and Sixth amendments rather than the Second or Tenth, to be sure, and they take the absolute position on what "Congress shall make no law" is. That doesn't make them crazy. However, those who would like to get rid of those freedoms frequently portray them as crazy because they're a roadblock to their cause. For anyone who believes they're crazy, please present evidence of it, and I mean that absolutely seriously.

      As far as government by, for, and of the corporations, that's been going on for at least 150 years now, and there's no reason to think it would stop anytime soon. If you want some idea of the history, I highly recommend A People's History of the United States.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    3. Re:Seriously, though by Dunbal · · Score: 2

      You are part of the problem until you become part of the solution.

      Black or white thinking detected, please take your meds. Ahh no, it's an anonymous coward. Fair enough, carry on.

      --
      Seven puppies were harmed during the making of this post.
    4. Re:Seriously, though by Nadaka · · Score: 2

      The only problem with the ACLU is that they not only do not focus on the second amendment, they officially do not consider it to be a civil liberty.

      It would be fine if they focused only on their specific issues, as there are other organizations dedicated to defending the second, but to deny that infringement on the second amendment is not a violation of civil liberties is wrong.

    5. Re:Seriously, though by Svartalf · · Score: 3, Informative

      My "chief aversion" is the system of greed, private profit, privilege, and violence which makes up the control of the world today, and which has brought it the tragic crisis of unprecedented hunger and unemployment. I am opposed to the new deal [sic] because it strives to strengthen and prolong production for private profit. At bottom I am for conserving the full powers of every person on earth by expanding them to their individual limits. Therefore, I am for socialism, disarmament, and ultimately for abolishing the State itself as an instrument of property, the abolition of the propertied class and sole control by those who produce wealth. Communism is the goal. It sums up into one single purpose -- the abolition of the system dog-eat-dog under which we live, and the substitution by the most effective non-violence possible of a system of cooperative ownership and use of all wealth.

      - Roger Nash Baldwin, founder of the ACLU.

      Do you HONESTLY believe that they're really on about the things you think they are?

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    6. Re:Seriously, though by Svartalf · · Score: 2

      That's because the Second gives arms to the people...if you put this in the perspective of the quote I put in my comment to the parent, it makes a bit more sense.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    7. Re:Seriously, though by Jaysyn · · Score: 3, Informative

      The only problem with the ACLU is that they not only do not focus on the second amendment, they officially do not consider it to be a civil liberty.

      It would be fine if they focused only on their specific issues, as there are other organizations dedicated to defending the second, but to deny that infringement on the second amendment is not a violation of civil liberties is wrong.

      I don't see it as a huge deal considering the NRA & CCRKBA both dwarf the ACLU in membership.

      NRA = 4.3 million members
      CCRKBA = 650000 members

      ACLU = 500000 members

      *using the numbers from each groups website.

      Yeah it would be nice if the ACLU was for liberty across the board, but the way I figure it the more groups we have working towards these goals in total, the better off we are.

      --
      There is a war going on for your mind.
    8. Re:Seriously, though by dkleinsc · · Score: 4, Insightful

      Yeah, I'm totally fine with an organization that started with that kind of talk, for a lot of reasons:
      1. I recognize that capitalist economics can and is used as a tool of oppression. I'm not as radical as Baldwin - I'm ok with a democratically elected government and the use of increase of wealth as a motivator for people to work. But like him, I'm not willing to allow pure capitalism to create a situation where workers are choosing between working at whatever rich people will pay, and dying of starvation, disease, or exposure to the elements.

      2. He sees the US government as a tool of the megacorps of his day. He was generally right - this was at a time when people talking about forming trade unions were routinely attacked by police or arrested for saying that things would be much better if workers got together and demanded a 40 hour work week, safer working conditions, and enough pay to be able to feed their families.

      3. Baldwin was talking in those terms when communists' primary goals were combating fascism in Europe and developing trade unions here in the US. He later revised his views on communism, notably in a 1953 article entitled "A new slavery; forced labor: the communist betrayal of human rights." which was largely about how Stalin in particular had undermined and betrayed everything communism was supposed to stand for.

      4. Organizations change over time. To say the modern-day ACLU is mostly about Baldwin's socialism makes about as much sense as saying that the modern-day IBM is mostly about selling equipment to classify prisoners to the Nazis.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  6. I love my country by cpu6502 · · Score: 3, Interesting

    but hate my government. "If it were possible, we would have no government. It is only for the protection of our rights that we resort to government at all." - Jefferson. Nowadays it seems the government is more interested in protecting the Non-human Corporations rather than the People.

    Perhaps it is time to call a Constitutional Convention and revert to the Articles of Confederation again - a Union of States, rather than an out-of-control central authority that acts as if it has unbounded power.

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    1. Re:I love my country by Dunbal · · Score: 3, Insightful

      Returning power to the people usually happens just before an emperor is created. Historically I mean. Caveat emptor.

      --
      Seven puppies were harmed during the making of this post.
    2. Re:I love my country by iserlohn · · Score: 3, Informative

      Oh please! The abuse of power by local government is as much as, or even more astounding. You just don't see this because most of it is isn't big enough to make the evening news nationwide.

      The real solution is to make corporations accountable when they screw the little guys - it's got nothing to do with where government is.

  7. Re:Anti-trust suit by wombatmobile · · Score: 4, Informative

    From previous articles:

    Cisco Systems orchestrated the arrest of Multiven founder Peter Alfred-Adekeye last year in order to force a settlement of Multiven's antitrust lawsuit against Cisco.

    Multiven, sued Cisco in December 2008, accusing the company of monopolizing the business of servicing and maintaining Cisco enterprise equipment. Cisco forced owners of gear such as routers, switches and firewalls to buy its SMARTnet service contracts in order to get regular software updates and bug fixes, Multiven said. By providing updates and bug fixes only to SMARTnet customers and not to third parties, Cisco prevented independent companies from servicing its equipment, Multiven alleged.

    The SMARTnet service is a hot-button issue with some customers, who feel that Cisco should provide basic bug fixes and software updates free of charge as Microsoft or Apple do.

  8. how much was actually done by the US gov't? by yincrash · · Score: 3, Interesting

    In the article, it's extremely hard to parse whether the US attorney in question is Cisco's US based attorney or a US gov't attorney. Who am I supposed to be mad at?

    1. Re:how much was actually done by the US gov't? by Rich0 · · Score: 3, Insightful

      I would imagine that an extradition request for a criminal complaint would have to come from the US Justice Department, perhaps even routed through the State Department. Random individuals can't ask governments to arrest people and ship them overseas. Random individuals can file suit in the other country and then that country can take steps as needed to keep the person there if warranted. In many countries however this would be inconvenient to a multinational - since they would be subject to loser-pays, security of costs, and all kinds of other things that they don't have to deal with in the US. And, of course, they have to convince the other country that they have jurisdiction.

    2. Re:how much was actually done by the US gov't? by Effexor · · Score: 4, Informative

      Let me help you.

      'U.S. prosecutors acted outrageously'...
      'The U.S. claimed'...
      'U.S. prosecutors falsely portrayed'...
      'left the U.S. in 2008 and was denied re-entry when he attempted to return to participate in the litigation'

      So yes, I guess they really were Cisco's attorneys.

      --

      As the air to a bird or the sea to a fish, so is contempt to the contemptible -W.B.

  9. I have been saying for a long time, by Grand+Facade · · Score: 2

    That once we granted corporations "individuals rights" everything went straight to hell in a handbasket.

    --
    Rick B.
    1. Re:I have been saying for a long time, by Black+Parrot · · Score: 2

      If only they had the same rights as an individual and not more! ;)

      They've merely been endowed by their creators with inalienable rights.

      --
      Sheesh, evil *and* a jerk. -- Jade
  10. Take five minutes by wonkavader · · Score: 3, Interesting

    It'll only take you five minutes. Get the email address for the other big ISP you don't use. (In Chicago, for example, if you use Comcast, email AT&T, if you use AT&T, email Comcast.) Tell them the reason you don't use them is that they use Cisco gear and that you don't support the supporters of corporate malfeasance. Tell them to email you when they've eliminated Cisco gear from their network.

    You can protest to Cisco to change their ways all you like, and they won't give a crap. But if AT&T tells them to clean up their act, or QWEST, or Comcast or COX, etc, they'll listen.

  11. Oh no... by vvaduva · · Score: 3, Insightful

    ..a multinational corporation lied and the US government lied to protect it! What a huge surprise!

  12. Different expectations of Govt by redelm · · Score: 3, Interesting

    No surprise at the ruling -- why _wouldn't_ Cisco have a US govt Attorney in its' pocket? Why would a Fed respect the some foreign court any more than a US State court?

    Having lived for multiple adult decades on both sides of the Canada-US border, I can say they might look alike and speak close to the same language, but the two nations are really very different:

    The US is run by elected officals who are basically empowered uniquely by their election and feel they can do whatever they want, with highly variable respect for the US Constitution (some think it should be pushed, a few are very strict).

    Canada is an elected dictatorship, basically devoid of checks and balances, with legislatures totally dependant on the executive, and highly subordinate courts. But they don't run the country, the civil service does and they are loyal to The Crown, not
    elected office-holders. There, something to offend everyone.

    Of course there's lots of cross-over -- mostly by Canada picking up US institutions, like the Charter of Rights & Freedoms, and a Supreme Court that sometimes enforces it, "notwithstanding". The US Civil Service has also grown tremendously, and it rather tired of all the switching political appointees, so becomes more rule-bound and apolitical, where the armed services have led.

    1. Re:Different expectations of Govt by AHuxley · · Score: 3, Informative

      Enjoy that border while it lasts http://www.calgaryherald.com/news/Canada+perimeter+security+agreement+crucial+diplomats/4886235/story.html
      Soon it will be a security "perimeter" around Canada.

      --
      Domestic spying is now "Benign Information Gathering"
    2. Re:Different expectations of Govt by redelm · · Score: 2
      Yes, lived there! I realize "elected dictatorship" is inflammatory, but there really is no other term applicable: Look at the _tremendous_ popular opposition to a number of measures (however logical and well-intentioned) to things like Joe Clarks Gasoline Tax and Brian Mulroney's GST (two decades apart). Sure, in both cases the electorate soundly thrashed the perps, but _note_: they were unrepealed when the opposition took power.

      And do not tell me spectacles like UK's Tony Blair dragging the Labour MPs kicking-and-screaming into Iraq are unlikely in Canada. Overwhipped MPs. You might not like the US Reps/Sens and their [corrupt] campaign finance, but at least they have their own independence [money] and have to be bought one-at-a-time.

    3. Re:Different expectations of Govt by tnk1 · · Score: 2

      Actually, by dint of being a parliamentary system modeled on the Westminster System, Canada really is much like an Executive-heavy government with almost no actual checks on it. While your Legislative branch controls the taxation, the Legislature is controlled by its party leadership to an extent that makes US party loyalty seem almost mercenary. And since the Executive comes from the Legislature, there is no other body that can threaten it with actual substantial actions, like refusing money for programs. In order to be in charge of the Executive, you need to control the majority of the Legislatures votes to begin with, so that is already covered.

      Further, as a legacy of being a monarchy where the government technically still is all invested in the monarch, the Executive has recourse to ancient powers that have not been constrained by Legislative statutes. That means that in addition to controlling the Legislative, the Executive, as ministers and Privy Councilors, have certain powers that do not fall under Legislative supervision, but instead fall under Royal Prerogative. The fact that the actual monarch no longer exercises them personally does not mean that the actual powers are any more based on popular sovereignty than in the past.

      Of course, the Prime Minister is democratically elected, if indirectly, and is responsible to someone besides themselves, again indirectly, so calling it a dictatorship is really stretching it, but there is definitely a lack of strong checks and balances as in the US.

  13. I saw this one a mile away by erroneus · · Score: 3, Interesting

    http://yro.slashdot.org/comments.pl?sid=2094166&cid=35892994
    Did Cisco "fabricate evidence"? In other words, did they make claims that were later repeated by the US government's law enforcement people?

    http://yro.slashdot.org/comments.pl?sid=2094166&cid=35893892
    And at the time of the article, the evidence hadn't even been presented to Canadian officials.

    And now, when claims were finally presented, they turned out to not have any merit. I am not surprised that they could not produce the evidence they claimed to have had. This is more of the same "government interference at the request of business" that we have been seeing a LOT of lately. Most of the time it has been the oil, GM foods, pharmaceutical and entertainment industries that pushed government into interfering with governments and affairs of other nations. Now it's Cisco... next, I suspect, it will be Microsoft. (After all, the EU is not quite done with Microsoft's legal cases...)

    Canada now had additional reason not to trust in and support the US government or the US companies that influence Canadian law. I hope Canada and other countries wake up to this and stop bowing to US demands the way they have.

    1. Re:I saw this one a mile away by MikeBabcock · · Score: 2

      As a proud Canadian, I'd like to point out that we don't bow to American interests very often.

      We're allies and good business partners, but we fight a lot over issues from softwood lumber to water usage to arctic ownership. On a diplomatic level, the US and Canada try to get along because its good for both our countries' interests, but on a nit-picking level, we certainly do not agree on everything.

      --
      - Michael T. Babcock (Yes, I blog)
    2. Re:I saw this one a mile away by erroneus · · Score: 2

      And yet you're taking it up the pooper at the behest of the US entertainment industry... which happens to have offices in Canada...

    3. Re:I saw this one a mile away by Effexor · · Score: 2

      As slightly less proud Canadian I'd like to point out -

      "Canadian Justice Department lawyer Diba Majzub argued that it didn’t matter U.S. prosecutors falsely portrayed Adekeye as a Nigerian scofflaw who was a flight risk. He filed three thick volumes of legal precedent and emphasized that only five times since the current Extradition Act was enacted in 1999 has a judge sought to stay proceedings because of abuse of process. A stay required extraordinary misconduct, he said."

      So it seems our governments do in fact agree that what's good for Cisco is good for the nation(s).

      --

      As the air to a bird or the sea to a fish, so is contempt to the contemptible -W.B.

  14. How much jail time will the US attorney's do? by fredrated · · Score: 2

    How about 'none at all' because rule of law now only apply's to those that have no pull or can't afford to buy their way out.

    1. Re:How much jail time will the US attorney's do? by Maximum+Prophet · · Score: 2

      I'm sure they'll never be allowed to practice law in Canada. (or Zimbabwe, or certain parts of Lichtenstein)

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  15. Not the first time we've lied to Canada by Quila · · Score: 2

    Remember the Leonard Peltier extradition?

  16. Jefferson once said. by gubers33 · · Score: 2

    The government is becoming big business's puppet. If there is a law exists that pervents big business CEO from making bank, the law is changed or removed for them. *cough* Financial controls in the stock market *cough* Reminds me of Jefferson's quote before the Revolutionary War... "And what country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms."

    --
    Just because you are wrong and I called you out on it doesn't mean I am a Troll.
  17. Re:Uhm, you're alread in a dictatorship by tnk1 · · Score: 2

    You clearly have no concept of what an actual dictatorship is if you believe that.

    Yes, the US government falls short of its ideals. That doesn't mean it's a dictatorship. That's pure hyperbole.

  18. Re:Anti-trust suit by mikkelm · · Score: 2

    You can be absolutely certain that people have been fired for buying HP.