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Share Links, Become Extradited To the US
castrox writes with an in-depth followup to a story we discussed in June:
"Sharing links online, particularly links to copyrighted material, may render you extradited to the United States of America. 'In May, American law enforcement officials opened up yet another front in this war by seeking the extradition of Richard O'Dwyer. The 23-year-old British college student is currently working on his BS in interactive media and animation. Until last year, he ran a "link site" that helped users find free movies and TV shows, many of them infringing. American officials want to try him on charges of criminal copyright infringement and conspiracy.' The case is unique because the site, which the accused Englishman ran, was not located in the US in any way. Does this set a new precedent of things to come? The agency responsible for the extradition request is Immigrations and Customs Enforcement."
First Cisco trying it from Canada, now the MPAA through Britain. An important thing to note through the article is that copyright laws exist in both countries - but that so far, it seems in Britain that link-sharing alone is not as damning as it is in the US. Mainly, it looks like TVShack was much more commercialized than Hotfile, and that's always something that results in a bigger hammer coming down the line. An important thing to note as well is the previous experience British judges have had with copyright litigation - I remember ACS Law and Crossley being torn into, as seen here (http://arstechnica.com/tech-policy/news/2010/09/amounts-to-blackmail-inside-a-p2p-settlement-letter-factory.ars) Really, I don't think he's getting extradited. Britain is markedly hostile to US-style copyright infringement proceedings, and I doubt they failed to figure out where Crossley got his tactics from. Unless if they get someone to play rubber stamp and not examine the case, I'd lay my money on O'Dwyer staying right where he is.
Unfortunately, the previous, very pro-US, government in the UK signed a treaty that allows the US to extradite anyone from the UK, more or less on demand, with no requirement to prove that any crime has been committed.
Of course "terrorism" was used as an excuse, but the treaty is being invoked in many cases where the person concerned seems to have committed only a trivial offence, or in some cases to have done something that was perfectly legal in the UK.
The treaty is very controversial here in the UK: many people feel that the US is using the mere process of extradition as a form of punishment in itself. Sadly, there is a public perception here that the US legal system is vindictive and heavily biased.