Richard O'Dwyer

The extradition treaty and it's effects on the Internet
Chris Tappin
Background information  Chris Tappin is a 65 year old retired businessman who exported batteries over the world via his website, and is facing extradition in America for selling them without an export licence. He was entrapped by the Immigration and Customs Enforcement (ICE) which is illegal in the UK but not in America.  Reasons for extradition He is faced with for selling batteries to Iran for alleged military use which according to USA prosecutors he knew that he should have had an export licence due to possible military use. However he says that they were meant for the automotive industry in Holland, and was assured that one wasn’t needed by his client and wasn’t his responsibility.   What’s happening now At the moment his bail has been rejected and he is currently waiting for a date in America to be tried. If he is found guilty he will face 35 years in jail but if he says he is guilty he will take the plea bargain he will face 3 years in jail.

Background information In December 2007 Richard O’Dwyer created a website TV Shack, which was created to allow people to search for a film or TV program and find where you can watch them. In his terms and conditions he said “The governing law will be that of Sweden, the country in which this site is based and from which all services are provided.” So technically as the server was based in Sweden and the domain name “.net” is American where is the legal place where TV Shack existed? This can be answered by under the legal disclaimer part of the “Frequently Asked Questions” page on the website he stated “TV Shack is a simple resource site. All content visible on this site is located at 3rd party websites. TV Shack is not responsible for any content linked to or referred from these pages.” Reasons for extradition Richard has been extradited because he has allegedly breaking copyright laws by distributing them without authorisation. A press release from the 30th of June 2010 along with 6 other websites which each broke the same regulations, which was “MOVIES-LINKS.TV”, “FILESPUMP.COM”, “NOW-MOVIES.COM”,” PLANETMOVIEZ.COM”, “THEPIRATECITY.ORG”, and “ZML.COM”. Then within a few days it was moved to a “cc” domain, which showed how fast technology can change, however in late November 2010 the ICE seized 82 domains including the new domain name of TV Shack. He was then visited by both UK and US police, who seized his computer and his mum said that he shut the site down the next day. What’s happening now At the moment Richard has a lot of people who are supporting him such as his mum, one of his tutors and anyone who thinks that what he did wasn’t an offence On the 13th of March his extradition has been approved by Theresa May based on the Extradition Treaty of 2003. His mum Julia has been researching every day to help prove that her son is innocent, at the Liberty Extradition Watch conference she said “it’s extremely frightening to go to the police station to answer bail but be told the case has been swapped for a one way ticket to America.” To change the current extradition law what is needed is for people to contact their local MP and to David Cameron, signing ePetitions to get it discussed in the government. Maybe by doing these steps there will be more pressure on the government to change it, to make it fairer for anyone who has committed a crime to be tried in the UK. Tim Berners-Lee said on the 1st of March 2007 in Congress about the importance of how important Net Neutrality should be one of their top priorities ”When I invented the Web, I didn't have to ask anyone's permission. Now, hundreds of millions of people are using it freely. I am worried that that is going end in the USA.” As the extradition treaty was created to control the internet which goes against his original idea of the internet being for everyone to share information as they wish.

Gary McKinnon
Background information Gary McKinnon is a computer hacker who researched UFO’s to find out what hadn’t been released, by hacking into American systems which used the windows operating system. Reasons for extradition It took over 4 years for America to start an extradition case on him as he started to hack into their systems in the early 1990’s, why this took so long has yet to be explained. He hacked into 97 military systems and NASA systems using the name “Solo”, the American authorities claim that he deleted a critical file which shut down military systems for 24 hours after September 11th terrorist attacks. He is also accused of copying data, account files and passwords to his computer, which allegedly caused over $700,000 of damage. What’s happening now On the 28th of March 2012 he was declared fit for extradition as in a 2009 report he was a suicide risk due to his Asperger syndrome and ADHD. The Home Office is currently considering what his fate will be, but after 10 years what will happen?

Extradition treaty
The extradition treaty has affected the internet by making every website on the internet a target by whichever government is controlling the internet. This means that if a certain view is tracked by them if it goes against the Extradition Treaty 2003, unless it doesn’t get changed now. In the future I think that the treaty will affect the internet by making it harder for everyone who uses the internet to express their views and opinion’s.

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