full-disclosure - Re: Supporters urge halt to hacker's, extradition to US

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Message-ID: <48DF6AF0.4060800@ore.org>
Date: Sun, 28 Sep 2008 12:30:56 +0100
From: Kyrian <kyrian@....org>
To: full-disclosure@...ts.grok.org.uk
Subject: Re: Supporters urge halt to hacker's,
	extradition to US

full-disclosure-request@...ts.grok.org.uk wrote:
>> "American officials involved in this case have stated that they want
>> to see him 'fry'."-- BBC.
>>     
[IANAL, correct me if I'm wrong, etc, but...]

Yes, that's a large part of the problem.

That courts *can* be bought (usually indirectly via already-bought 
officials, or more nasty methods), and that government officials have 
said the above makes it worse still.

The thought that US law was apparently changed from requiring damage to 
systems to get a conviction to not requiring such damage, very recently, 
is another problem.

The fact that neither the US or the UK (as far as I'm aware) actually 
has a sane enough legal framework for this sort of thing, or enough 
police (anyonewho's dealt with the UK's former "High Tech Crime Unit" 
will know this), judges (there are many examples of judges being "out of 
touch" in their rulings), etc. who are actually aware enough of the 
underlying technology to deal with it sensibly is another.

I agree with whoever said that people should be extradited to the 
country in which they caused damage, but not under circumstances like 
these, and not when there is no agreed standard of law between the 
country the person would be extradited from, and the one they would go to.

In the UK it still requires damage to be done for it to be a criminal 
offense, and that does not seem set to change.

That it is possible to cause damage to (badly managed) systems by doing 
absolutely nothing in a lot of circumstances (as I am finding right 
now), that logs can be faked, and that the dividing line between probes 
versus actual hacking attempts is at times a very narrow one, there is 
plenty of reason not to agree extradite Gary.

That he's "autistic" is probably neither here nor there, I'm afraid, as 
it seems to be very common for people involved in computing the be 
somewhere high on the autistic spectrum (even if they are not 
'officially' autistic). I have taken the test. I'm not telling, but I 
know what I'm talking about.

So, I shall be there, I won't be shouting or chanting, but I will be 
there. I hope that the event is not hijacked by another purpose, and 
that I do not get shot by the armed police at the US Embassy there (it 
is a scarey looking place, which puts me on edge whenever I'm near). 
Strangely I also find myself wondering if the staff there are paying the 
London congestion charge yet, rather than ignoring it...?

Just my 2c, or so.

K.

-- 
Kev Green, aka Kyrian. E: kyrian&#64;ore.org WWW: http://kyrian.ore.org/
Linux/Security Contractor/LAMP Coder/ISP, via http://www.orenet.co.uk/
                 DJ via http://www.hellnoise.co.uk/

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