US Extradition Treaty - an Act of Treason

US Extradition Treaty - an Act of Treason

Poll: US Extradition Treaty - an Act of Treason

Total Members Polled: 132

Yes: 91%
No: 9%
Author
Discussion

CommanderJameson

22,096 posts

227 months

Saturday 1st August 2009
quotequote all
fluffnik said:
The Internet is more like a public park than a house or car - unless it says "Keep Off the Grass" it's reasonable to wander on the grass...
Your house is attached to the public road in the same way that a computer is attached to the Internet.

Now please, answer the question: if you leave your front door open, may I walk around in your house?

To take your analogy, if you prefer: if you leave your car in a public carpark, unlocked, may I sit in it?

fluffnik

Original Poster:

20,156 posts

228 months

Saturday 1st August 2009
quotequote all
CommanderJameson said:
fluffnik said:
It is soooo trivial to protect areas you wish to keep private that I think it's entirely reasonable to regard any area not so secured as public.
That's not answering the question. The analogy is the open door. May I walk around in your house if you leave the front door open, and may I sit in your car if you leave it unlocked?
It's a bad analogy.

By default houses and cars are private.

Most of the internet is public, it cannot be otherwise and work.

My park analogy is far more apposite - you may open any gate that is unlocked...

fluffnik

Original Poster:

20,156 posts

228 months

Saturday 1st August 2009
quotequote all
CommanderJameson said:
fluffnik said:
The Internet is more like a public park than a house or car - unless it says "Keep Off the Grass" it's reasonable to wander on the grass...
Your house is attached to the public road in the same way that a computer is attached to the Internet.

Now please, answer the question: if you leave your front door open, may I walk around in your house?
No, but unlike the internet there is no presumption of public access.

CommanderJameson said:
To take your analogy, if you prefer: if you leave your car in a public carpark, unlocked, may I sit in it?
No, but unlike the internet there is no presumption of public access.

A park, like the internet, has a presumption of public access.


CommanderJameson

22,096 posts

227 months

Saturday 1st August 2009
quotequote all
fluffnik said:
CommanderJameson said:
fluffnik said:
The Internet is more like a public park than a house or car - unless it says "Keep Off the Grass" it's reasonable to wander on the grass...
Your house is attached to the public road in the same way that a computer is attached to the Internet.

Now please, answer the question: if you leave your front door open, may I walk around in your house?
No, but unlike the internet there is no presumption of public access.
There is no presumption of public access on the Internet, either, at least in the UK. The Computer Misuse Act (1990) codifies this. If I don't open my door (e.g. by running a web server, or some other published protocol) then you may not assume that you have my consent to log in and wander at will.

You may disagree with this, but that's the law, as McKinnon has discovered.

The Computer Misuse Act said:
(5) Access of any kind by any person to any program or data held in a computer is unauthorised if—

(a) he is not himself entitled to control access of the kind in question to the program or data; and

(b) he does not have consent to access by him of the kind in question to the program or data from any person who is so entitled.
I think that this means that putting up a web server grants consent for access to the files served by the webserver. Not to other files. I also think that this means that if I don't explicitly provide access to a system, and then make a complete arse-up of securing it, my negligence in securing said system does not grant you the right to access it.

Not a Wikipedia link!

Jasandjules

69,948 posts

230 months

Saturday 1st August 2009
quotequote all
esselte said:
CommanderJameson said:
esselte said:
Jasandjules said:
A British Citizen who commits no offence under British Law whilst on British soil should face no sanction for he has violated no law.
Is "hacking" allowed in the UK? Serious question,not being sarky.
No.
Bugger..got my threads mixed up,I thought this was the "Hacker extradition" thread..oops getmecoat
In your defence, I suspect that this thread was created with this fellow in mind....... However, in it's terms, it is a generic question.

Ahonen

5,018 posts

280 months

Saturday 1st August 2009
quotequote all
CommanderJameson said:
fluffnik said:
The Internet is more like a public park than a house or car - unless it says "Keep Off the Grass" it's reasonable to wander on the grass...
Your house is attached to the public road in the same way that a computer is attached to the Internet.

Now please, answer the question: if you leave your front door open, may I walk around in your house?

To take your analogy, if you prefer: if you leave your car in a public carpark, unlocked, may I sit in it?
My, very twitchy. Do you set the passwords on the Pentagon's routers?

esselte

14,626 posts

268 months

Saturday 1st August 2009
quotequote all
Jasandjules said:
esselte said:
CommanderJameson said:
esselte said:
Jasandjules said:
A British Citizen who commits no offence under British Law whilst on British soil should face no sanction for he has violated no law.
Is "hacking" allowed in the UK? Serious question,not being sarky.
No.
Bugger..got my threads mixed up,I thought this was the "Hacker extradition" thread..oops getmecoat
In your defence, I suspect that this thread was created with this fellow in mind....... However, in it's terms, it is a generic question.
Yes I suppose it is,what I was attempting to get at is that this guy has comitted what would be a crime in the UK so your statement doesn't hold water with him...so therefore extradition to the US is very possible... I think confusedsmile

Tadite

560 posts

185 months

Sunday 2nd August 2009
quotequote all
What are earth are some of you banging on about?

Extradition isn't new. People get extradited from countries all the time... What do you think? That you can break the law in one country and run to another to hide? smile sheesh....


Jimbeaux

33,791 posts

232 months

Sunday 2nd August 2009
quotequote all
unrepentant said:
Jimbeaux said:
amsie said:
Jimbeaux said:
unrepentant said:
fluffnik said:
jeff m said:
The other problem is that the US has the death penalty in some states and at Federal level which can delay extradition for a long time. Now there is torture to consider, the lawyers would use that too for reasons not to allow their client to be extradited.
As an aside I don't think we should be extraditing anyone to anywhere with a death penalty.
IIRC correctly EU law forbids the extradition of anyone to any country that has the death penalty. There must be an exemption for the USA but presumably they have to undertake not to execute the hackers, bankers etc...
hehe Hackers and bankers don't get the death penalty.
Changing the subject slightly, I hope that English bloke who murdered his American wife & child gets it. Now that did make me sick to the stomach!
Yep, he might make the minimum requirement for that prize.
Nope. He wouldn't (couldn't) have been extradited if he faced the death penalty. I'm not sure which state that case is in but if it's in one that has the death penalty they must have agreed that it will not be used in this case.
IIRC, he committed the crime here, extradition was not an issue.

Jimbeaux

33,791 posts

232 months

Sunday 2nd August 2009
quotequote all
Lefty Guns said:
yes I think the uk justice system should be modelled on the texan one...
I think the Texan system was modeled after the old British one....back when it was effective. smile

Edited by Jimbeaux on Sunday 2nd August 01:12

Jimbeaux

33,791 posts

232 months

Sunday 2nd August 2009
quotequote all
Menguin said:
Jimbeaux said:
fluffnik said:
Jimbeaux said:
fluffnik said:
His only "crime", if such it was, was to expose the rank incompetence of the American military.

It's not like he's responsible for the deaths of countless innocents, like the treasonous twunt who signed the treaty.
I understand your need to voice your obvious disdain for all thing Yank whenever you get the chance, but come on. wink
I dislike imperialism, wherever it arises. smile

Jimbeaux said:
I think he should be tried in the U.K., I agree with that; however, picking up litter along the road is a bit too touchy feely a punishment IMO. He may not have killed anyone this time, the crime is still the crime though.
All he did was wander around unsecured areas - I see no crime.
You hate imperialism? That is ironic seeing that your nation's imperial past is residually responsible for the comfortable life you lead today. smile As for wandering in unsecure areas, that is akin to someone entering and walking around your house with the excuse that the door was unlocked.
By the same logic are you a fan of slavery?

The only reason the US are pushing for extradition is because they are embarrassed at how poor their security was.
Bad analogy IMO. I don't think your imperialism was all that bad, you apparently do. Your empire may have brought pain, but it brought more enlightenment and progress IMO.
As for embarrassment; as I said earlier, if that was the case, they would have just dropped the issue. Doing this only brings attention, that is the last thing "embarrassed" persons do.

unrepentant

21,276 posts

257 months

Sunday 2nd August 2009
quotequote all
Jimbeaux said:
unrepentant said:
Jimbeaux said:
amsie said:
Jimbeaux said:
unrepentant said:
fluffnik said:
jeff m said:
The other problem is that the US has the death penalty in some states and at Federal level which can delay extradition for a long time. Now there is torture to consider, the lawyers would use that too for reasons not to allow their client to be extradited.
As an aside I don't think we should be extraditing anyone to anywhere with a death penalty.
IIRC correctly EU law forbids the extradition of anyone to any country that has the death penalty. There must be an exemption for the USA but presumably they have to undertake not to execute the hackers, bankers etc...
hehe Hackers and bankers don't get the death penalty.
Changing the subject slightly, I hope that English bloke who murdered his American wife & child gets it. Now that did make me sick to the stomach!
Yep, he might make the minimum requirement for that prize.
Nope. He wouldn't (couldn't) have been extradited if he faced the death penalty. I'm not sure which state that case is in but if it's in one that has the death penalty they must have agreed that it will not be used in this case.
IIRC, he committed the crime here, extradition was not an issue.
He committed the crime in the USA but fled to the UK where he was arrested and subsequently extradited from.

Jimbeaux

33,791 posts

232 months

Sunday 2nd August 2009
quotequote all
unrepentant said:
Jimbeaux said:
unrepentant said:
Jimbeaux said:
amsie said:
Jimbeaux said:
unrepentant said:
fluffnik said:
jeff m said:
The other problem is that the US has the death penalty in some states and at Federal level which can delay extradition for a long time. Now there is torture to consider, the lawyers would use that too for reasons not to allow their client to be extradited.
As an aside I don't think we should be extraditing anyone to anywhere with a death penalty.
IIRC correctly EU law forbids the extradition of anyone to any country that has the death penalty. There must be an exemption for the USA but presumably they have to undertake not to execute the hackers, bankers etc...
hehe Hackers and bankers don't get the death penalty.
Changing the subject slightly, I hope that English bloke who murdered his American wife & child gets it. Now that did make me sick to the stomach!
Yep, he might make the minimum requirement for that prize.
Nope. He wouldn't (couldn't) have been extradited if he faced the death penalty. I'm not sure which state that case is in but if it's in one that has the death penalty they must have agreed that it will not be used in this case.
IIRC, he committed the crime here, extradition was not an issue.
He committed the crime in the USA but fled to the UK where he was arrested and subsequently extradited from.
Ah, I didn't recall that; thanks.

unrepentant

21,276 posts

257 months

Sunday 2nd August 2009
quotequote all
Tadite said:
What are earth are some of you banging on about?

Extradition isn't new. People get extradited from countries all the time... What do you think? That you can break the law in one country and run to another to hide? smile sheesh....
Well done. You've managed to completely miss the entire point of the whole thread and do so in a pompous manner. clap

The issue at stake is that Bliar signed the UK up to a new extradition treaty that allows the USA to extradite British citizens in circumstances that are not reciprocated. As such it is unique in that in every other situation where Britain has extradition agreements the arrangements are mutual and reciprocal. As such it is patently unfair.


Sheets Tabuer

18,991 posts

216 months

Sunday 2nd August 2009
quotequote all
I was reading the act earlier and I have to say I have never seen such a one sided piece of legislation in my life, basically we have to extradite our citizens to them but they can tell us the feck off if we want theirs.

Scrap it and tell them to do one, whoever agreed to that needs taking to court.

Tadite

560 posts

185 months

Sunday 2nd August 2009
quotequote all
unrepentant said:
Well done. You've managed to completely miss the entire point of the whole thread and do so in a pompous manner. clap

The issue at stake is that Bliar signed the UK up to a new extradition treaty that allows the USA to extradite British citizens in circumstances that are not reciprocated. As such it is unique in that in every other situation where Britain has extradition agreements the arrangements are mutual and reciprocal. As such it is patently unfair.
From the Times:

"Home Office figures show that,since January 2004, 46 people were returned to the US out of 78 requests. In the same period, the United States extradited 27 people to Britain out of 37 requests."

So what is this again about how the UK doesn't extract criminals from the US? Hell proportionally you extract over two times more people....




thehawk

9,335 posts

208 months

Sunday 2nd August 2009
quotequote all
unrepentant said:
Lefty Guns said:
yes I think the uk justice system should be modelled on the texan one...
Yeah because no innocent person ever gets fried do they? rolleyes

Anyway that's a whole new (and regularly debated right here) question.
Using similar logic:

Immigrants have murdered innocent people, therefore we should halt immigration just in case another innocent person is murdered.


Jimbeaux

33,791 posts

232 months

Sunday 2nd August 2009
quotequote all
Tadite said:
unrepentant said:
Well done. You've managed to completely miss the entire point of the whole thread and do so in a pompous manner. clap

The issue at stake is that Bliar signed the UK up to a new extradition treaty that allows the USA to extradite British citizens in circumstances that are not reciprocated. As such it is unique in that in every other situation where Britain has extradition agreements the arrangements are mutual and reciprocal. As such it is patently unfair.
From the Times:

"Home Office figures show that,since January 2004, 46 people were returned to the US out of 78 requests. In the same period, the United States extradited 27 people to Britain out of 37 requests."

So what is this again about how the UK doesn't extract criminals from the US? Hell proportionally you extract over two times more people....
If accurate, that is interesting.

Sheets Tabuer

18,991 posts

216 months

Sunday 2nd August 2009
quotequote all
Jimbeaux said:
Tadite said:
unrepentant said:
Well done. You've managed to completely miss the entire point of the whole thread and do so in a pompous manner. clap

The issue at stake is that Bliar signed the UK up to a new extradition treaty that allows the USA to extradite British citizens in circumstances that are not reciprocated. As such it is unique in that in every other situation where Britain has extradition agreements the arrangements are mutual and reciprocal. As such it is patently unfair.
From the Times:

"Home Office figures show that,since January 2004, 46 people were returned to the US out of 78 requests. In the same period, the United States extradited 27 people to Britain out of 37 requests."

So what is this again about how the UK doesn't extract criminals from the US? Hell proportionally you extract over two times more people....
If accurate, that is interesting.
Depends which paper you read.

different view

Semi hemi

1,796 posts

199 months

Sunday 2nd August 2009
quotequote all
CommanderJameson said:
fluffnik said:
The Internet is more like a public park than a house or car - unless it says "Keep Off the Grass" it's reasonable to wander on the grass...
Your house is attached to the public road in the same way that a computer is attached to the Internet.

Now please, answer the question: if you leave your front door open, may I walk around in your house?

To take your analogy, if you prefer: if you leave your car in a public carpark, unlocked, may I sit in it?
If you left your car unlocked in the public car park would you be suprised if someone sat/shat in it..