Again, the legal concept here is that jurisdiction can be at the source or the effect. You can't sit in the UK and feel that you are immune when hacking US or any other counties computers.
This gets quite hard to follow when it comes to issues of libel, copyright, defamation, etc etc. A great deal of consideration occurs in a court to determine jurisdiction. The internet has expanded this greatly but the concept has always been relevant. Reading case law online often leads one to call a lawyer because it is complex.
As a side note, there are very few laws that a country extends past its boundaries. As an example some Western countries will charge citizens for sex crimes committed abroad, aka the legislative branch has determined the crime important enough to dispatch with more normal inter-county legal process. Fair enough.
Well, anyone can be under a court order from anywhere. If you are not in that country it would be up to your country to enforce the foreign court's ruling. Which, quite rightly, would not happen if the foreign court itself did not have standing or treaties with your country. If you did not have a two way handshake over these sorts of things all sorts of detrimental things would occur.
I take it from the Register Story that he did not have "general discretion" to intervene after deciding there was not a human rights issue. I think this is similar to a person not having standing to bring a case to the judiciary.
I think that would be too much of a broad swipe. Case law (chime in lawyers) of similar situations would be useful to look at. Treaties may come into play. A UK court could decide that the US Court is more appropriate for the case as could the legal advice given to the UK Minister.
It would depend on the legal precedent and/or advice he was given by council. The legislative branch is not free to do as it pleases if it has not created laws which allow it to have this power.
If the US courts finds it has jurisdiction then it will hear the case. The government can't change that one way or the other. The UK court could have decided it had jurisdiction and still allowed the case to go to a US court. Ask a lawyer about jurisdiction and be prepared to sit for a long time. Just imagine all the potential cases you would want heard by local courts which in an absolute world could never be brought. No one wants that either.
You can work towards changing bilateral agreements concerning these sorts of issues but I suspect as noted above they can indeed be a good thing.
But this is the whole point. Determination of jurisdiction is not defined in this way. It makes sense to us that you can only be charged with a crime where you commit it. The truth is it can be either or and sometimes both. The only chance of keeping it in the UK would have been if he hacked in through a European subsidiary of the systems hacked in the US.. AKA the break and enter occured locally.
Jurisdiction is a well defined concept. A court will decide if it has jurisdiction, if so it will hear it. If the US Court he lands in finds no reason to believe it has jurisdiction then it will be dropped by said court. In this case it is pretty unlikely given that the offense can be seen to have happened in the US. You would have to find some pretty convincing case law to convince the court it has no jurisdiction. Same could be said in reverse.
Nothing to see here.
Finding myself in my mid 40's with a eye problem has affected work to a large extent. 20/20 all my life to end up with distorted vision in my right eye has led to a number of changes. First, went back to the huge Mitsubishi 2070 CRT. I find it clearer that the 19" LCD's. Second, received glare reducing glasses from corporate HR (gunnars.com) which greatly help glare issues with my wonky eye. Without the glasses I cannot work a full day. Third, installed a theme manager to try and darken the windows screen. For the most part this works except for the inability to darken Outlook backgrounds and still be able to read email.. Fourth, looking into a large LCD or similar which can display a high resolution (lots of real estate) with "large fonts"...
If you are a dev shop you should probably see computer operations as a core competency. Do it inhouse and protect your assets. Anything else looks bad.
Ancient history tells of my grey hairs but Lotus Manuscript was also very good at presenting math formula. We used it in the Metallurgy Department for papers and thesis etc
As an engineer who has spent time in the explosives and pyrotechnics industry "AND" having read the The Gulag Archipelago makes me wonder what sort of walls they are trying to back us into.
Purge this,.|.. fear monger.
Having recently switched from a JDE Edwards CRM system to SFDC I would have to leap to the defense of salesforce. While there have been a few outages the reliability and performance of their system is much better than JDE ever provided. Not to mention the more logial interface etc etc.
Slashdot Mirror
I'm waiting for the green version.
Oh, not to be a pain but it isn't the weight, it is the mass.
Now we are all Rickrolled. When we search for her name and the associated links all we get is the lawsuit. Brilliant!
At least we do not have to worry about the girlfriend's health.................
I listen to country music because I can 100% ignore it.. Much better than listening to other folks prattle on in the office...
Of course the real change will be the completely different flavour of the politics you will find in the new position. Be ready
This gets quite hard to follow when it comes to issues of libel, copyright, defamation, etc etc. A great deal of consideration occurs in a court to determine jurisdiction. The internet has expanded this greatly but the concept has always been relevant. Reading case law online often leads one to call a lawyer because it is complex.
As a side note, there are very few laws that a country extends past its boundaries. As an example some Western countries will charge citizens for sex crimes committed abroad, aka the legislative branch has determined the crime important enough to dispatch with more normal inter-county legal process. Fair enough.
Well, anyone can be under a court order from anywhere. If you are not in that country it would be up to your country to enforce the foreign court's ruling. Which, quite rightly, would not happen if the foreign court itself did not have standing or treaties with your country. If you did not have a two way handshake over these sorts of things all sorts of detrimental things would occur.
I take it from the Register Story that he did not have "general discretion" to intervene after deciding there was not a human rights issue. I think this is similar to a person not having standing to bring a case to the judiciary.
I think that would be too much of a broad swipe. Case law (chime in lawyers) of similar situations would be useful to look at. Treaties may come into play. A UK court could decide that the US Court is more appropriate for the case as could the legal advice given to the UK Minister.
It would depend on the legal precedent and/or advice he was given by council. The legislative branch is not free to do as it pleases if it has not created laws which allow it to have this power.
Jurisdiction is precisely the concept that prevents cherry-picking.
If the US courts finds it has jurisdiction then it will hear the case. The government can't change that one way or the other. The UK court could have decided it had jurisdiction and still allowed the case to go to a US court. Ask a lawyer about jurisdiction and be prepared to sit for a long time. Just imagine all the potential cases you would want heard by local courts which in an absolute world could never be brought. No one wants that either. You can work towards changing bilateral agreements concerning these sorts of issues but I suspect as noted above they can indeed be a good thing.
But this is the whole point. Determination of jurisdiction is not defined in this way. It makes sense to us that you can only be charged with a crime where you commit it. The truth is it can be either or and sometimes both. The only chance of keeping it in the UK would have been if he hacked in through a European subsidiary of the systems hacked in the US.. AKA the break and enter occured locally.
So very true...
Jurisdiction is a well defined concept. A court will decide if it has jurisdiction, if so it will hear it. If the US Court he lands in finds no reason to believe it has jurisdiction then it will be dropped by said court. In this case it is pretty unlikely given that the offense can be seen to have happened in the US. You would have to find some pretty convincing case law to convince the court it has no jurisdiction. Same could be said in reverse. Nothing to see here.
Finding myself in my mid 40's with a eye problem has affected work to a large extent. 20/20 all my life to end up with distorted vision in my right eye has led to a number of changes. First, went back to the huge Mitsubishi 2070 CRT. I find it clearer that the 19" LCD's. Second, received glare reducing glasses from corporate HR (gunnars.com) which greatly help glare issues with my wonky eye. Without the glasses I cannot work a full day. Third, installed a theme manager to try and darken the windows screen. For the most part this works except for the inability to darken Outlook backgrounds and still be able to read email.. Fourth, looking into a large LCD or similar which can display a high resolution (lots of real estate) with "large fonts"...
If you are a dev shop you should probably see computer operations as a core competency. Do it inhouse and protect your assets. Anything else looks bad.
Actually, its just a kinder gentler insanity... 8)
Ancient history tells of my grey hairs but Lotus Manuscript was also very good at presenting math formula. We used it in the Metallurgy Department for papers and thesis etc
Buttle or Tuttle?
I don't think bringing god into the discussion helps in any situation. It is counterproductive.
As an engineer who has spent time in the explosives and pyrotechnics industry "AND" having read the The Gulag Archipelago makes me wonder what sort of walls they are trying to back us into. Purge this ,.|.. fear monger.
Having recently switched from a JDE Edwards CRM system to SFDC I would have to leap to the defense of salesforce. While there have been a few outages the reliability and performance of their system is much better than JDE ever provided. Not to mention the more logial interface etc etc.