full-disclosure - Re: VPN providers and any providers in general...

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Message-ID: <151954.1317422219@turing-police.cc.vt.edu>
Date: Fri, 30 Sep 2011 18:36:59 -0400
From: Valdis.Kletnieks@...edu
To: secn3t@...il.com
Cc: full-disclosure@...ts.grok.org.uk, Laurelai <Laurelai@...echan.org>
Subject: Re: VPN providers and any providers in general...

On Thu, 29 Sep 2011 23:55:18 +1000, xD 0x41 said:

> there are KNOWN places, i have used, and known places wich will not store
> data, or maybe, provide a proxxy but, they can certainly hide a botnet...

As far as you know... :)

> ONLy people who commit ANY crime in THEYRE country, will be arrested...ever
> noticed the main BIGGER servers are hosted there, even chat ones ?

Not sure how that should be parsed, and the parsing is crucial here - did you mean
"they have to commit a crime in their country", or "They have to do something that
*would* be a crime in their country"?

The general rule is that in order for an extradition to happen, several things must
be true:

1) The two countries involved need to have extradition treaties in place.
2) The activity must constitute a crime in the country harboring the accused.
3) The proposed punishment must not be drastically worse than what the
harboring country would impose

So the US can extradite somebody for murder from pretty much anyplace, because
out of 213 or so recognized sovereign governments, there's something like 8
that don't have reciprocal treaties in place for extradition, and murder is
illegal in pretty much everywhere.  However, if you're going after somebody for
cybercrime, it won't work unless the country has laws against cybercrime that
cover the situation in question.  As for the third part, the US has on several
occasions had to guarantee no death penalty for accused murderers they've
extradited from countries that don't do capital punishment.

So Gary McKinnon got hit with extradition even though he never got accused of
breaking a British law (as far as I  know)- because the charge *would* have
been a crime if he *had* targeted a British server rather than a US server.
Meanwhile, Julian Assange's extradition on a rape charge hit some serious legal
snags because the exact behavior that Assange was accused of didn't actually
meet the definition of "rape" in England.

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