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Extradition and thingsFollow

#1 Dec 31 2009 at 7:31 AM Rating: Sub-Default
Recently a man was executed in China for the crime of being a bit mentally ill and being duped into carrying 4kgs of heroin into the country. Despite pleas for waiving the death penalty from Gordon Brown.

In the UK a teenager hacked into the US dept of defense computers in his bedroom. Despite the fact that it has been established that he was not doing it for commercial gain or with malicious intent (just a sort of see if i can do it mentality) The US want him extradited to face a long jail term in the region of the 10-20 years.

It is nice to know going into the new year that the US and China have common things such as many laws and little to no justice.
#2 Dec 31 2009 at 7:36 AM Rating: Excellent
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I don't understand the mentality that says that if a person knowingly broke the law but meant no harm they shouldn't be punished. (Speaking more to the hacker than the drug mule, as I don't know anything about that case.)

Does the UK not extradite people for trial?

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#3 Dec 31 2009 at 7:53 AM Rating: Decent
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The British man that was executed in China was carrying 4kg of heroin. In China you can get the death sentence for carrying 50g of heroin, this guy had 80 times as much. He was never formally diagnosed as being mentally ill - this condition was just raised by his family post-conviction. The actual condition he may have had - bipolar disorder - is not normally associated with being easily led, nor should it prevent you from knowing what's right and wrong.

Personally, I can't see the problem with executing a convicted drug smuggler. He wanted to make some fast, easy money and got caught. The world's a better place without him.

#4 Dec 31 2009 at 9:02 AM Rating: Good
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Kevanff wrote:
Recently a man was executed in China for the crime of being a bit mentally ill and being duped into carrying 4kgs of heroin into the country. Despite pleas for waiving the death penalty from Gordon Brown.

In the UK a teenager hacked into the US dept of defense computers in his bedroom. Despite the fact that it has been established that he was not doing it for commercial gain or with malicious intent (just a sort of see if i can do it mentality) The US want him extradited to face a long jail term in the region of the 10-20 years.

It is nice to know going into the new year that the US and China have common things such as many laws and little to no justice.
I'm guessing that the punishment for the noted crimes are not secretive. The accusers were given trials and found guilty. While it may be the sentences are overly harsh, inhumane, stupid or just plain unnecessary - they are not really unjust.
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#5 Dec 31 2009 at 9:11 AM Rating: Excellent
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Well, the hacker hasn't been tried yet as far as I know. So far it's all been about getting him extradited to face trial, because the maximum penalty is felt to be too harsh.

There's no guarantee he'd receive the max, of course.

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#6 Dec 31 2009 at 9:24 AM Rating: Excellent
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I'm trying to figure out how a decade in prison equates to being executed. Especially since the OP already established that both "criminals" were just innocent angels who never meant any harm.
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#7 Dec 31 2009 at 9:26 AM Rating: Good
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#8 Dec 31 2009 at 9:45 AM Rating: Decent
Leodis wrote:
Personally, I can't see the problem with executing a convicted drug smuggler. He wanted to make some fast, easy money and got caught. The world's a better place without him.


That's because you're a repulsive human being. Frankly, just reading your disgusting little opinions makes me want to retch.
#9 Dec 31 2009 at 10:37 AM Rating: Decent
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Samira wrote:
Well, the hacker hasn't been tried yet as far as I know. So far it's all been about getting him extradited to face trial, because the maximum penalty is felt to be too harsh.

There's no guarantee he'd receive the max, of course.

He'll probably do two or three years then get a nice cushy internet security job.
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#10 Dec 31 2009 at 5:43 PM Rating: Decent
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I cant believe the OP is comparing jail time to the death penalty.
#11 Dec 31 2009 at 7:48 PM Rating: Good
Especially since jail time is cheaper than the death penalty.
#12 Jan 01 2010 at 3:19 AM Rating: Decent
With smuggling drugs on planes, it is very rarely the people carrying the drugs that stand to gain the most from the sales. They are pretty much messengers.

Imagine if I sent a bomb via the mail to someone who was going to use it to blow up something and enroute the postman got caught and given a severe punishment for having possesion of a bomb. Me the instigator of this event would be free to carry on my business, and perhaps try again, the end user of the bomb (equivalent to the drug distributor in country) is also in place and free to carry on his trade.

Now with regards to the chinese situation, the people manufacturing the drugs and sending them into the country are unaffected apart from losing a small amount of drugs, they will try again. Their contacts in country are also unaffected, all they need to do is wait for the next guy to come along. The actual root problem has not been addressed at all, I doubt the people who sent him give a **** about him being killed, just a small cashflow issue from a lost sale will annoy them.

With the internet hacker the issue is where the crime took place and the applicable laws. As far as I am aware the hacker was in the UK, as such the UK courts should deal with it as it is a crime occuring inside the UK. Saying he broke US law is stupid, he is bound by the laws of the country he resides in not any others, you dont see people extradited from the US for drinking alcohol which is illegal in saudi do you?

An example is pornography is technically illegal in china and can carry a 2yr jail sentance, If you emailed some to a chinese national or to the govt, how would you like to be extradited from where you live to face a 2yr jail charge?

Now my issues with these 2 cases are not that they are innocent of any crimes, but that the actions taken against them are totally disproportionate to the actual crime committed.
#13 Jan 01 2010 at 3:56 AM Rating: Good
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Kevanff wrote:
Imagine if I sent a bomb via the mail to someone who was going to use it to blow up something and enroute the postman got caught and given a severe punishment for having possesion of a bomb. Me the instigator of this event would be free to carry on my business, and perhaps try again, the end user of the bomb (equivalent to the drug distributor in country) is also in place and free to carry on his trade.


That's a horrible analogy. A postman doing something completely unknowingly in the course of his daily job is in no way at all like someone willingly smuggling something to make a few bucks.

Kevanff wrote:
With the internet hacker the issue is where the crime took place and the applicable laws. As far as I am aware the hacker was in the UK, as such the UK courts should deal with it as it is a crime occuring inside the UK. Saying he broke US law is stupid, he is bound by the laws of the country he resides in not any others, you dont see people extradited from the US for drinking alcohol which is illegal in saudi do you?


I have to disagree with you. I'd imagine that the servers he broke into were on US soil, and as such I believe that the crime takes place in whatever country houses said servers. And again, your analogy is horrible and fails to take into account the reality of the situation.

Edited, Jan 1st 2010 3:04am by Poldaran
#14 Jan 01 2010 at 4:23 AM Rating: Good
I can't believe we've made it this far without a reference to the opium wars.

No, wait, I can.

Edited, Jan 1st 2010 10:33am by Kavekk
#15 Jan 01 2010 at 4:35 AM Rating: Good
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STOP COPY PASTING FROM SLASHDOT
Seriously, that's my job and only with things that are more relevant than this.

You know, like Canadian copyright law being set by people who aren't even members of the Canadian government.
#16 Jan 01 2010 at 8:20 AM Rating: Excellent
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Kevanff wrote:
Imagine if I sent a bomb via the mail to someone who was going to use it to blow up something and enroute the postman got caught and given a severe punishment for having possesion of a bomb. Me the instigator of this event would be free to carry on my business

Even pretending that the postman would be arrested, in what fairytale land do you live where the guy mailing the bomb wouldn't be arrested if possible? If you're really worried about the guys who are distributing the drugs, press your government to find them and send them to China as well. I'm sure the government there would love to have 'em.

This was, as stated above, a horrible analogy.

Quote:
Saying he broke US law is stupid, he is bound by the laws of the country he resides in not any others, you dont see people extradited from the US for drinking alcohol which is illegal in saudi do you?

You're honestly comparing breaking into servers on US soil with drinking in the UK and its effects on Saudi Arabia? Did you want to withdraw and rethink that point before more people respond to it?

As Poldaran notes, the actual crime is breaking into the US servers, which are located on US soil. The crime is committed at the keyboard end but the keyboard being in the UK doesn't make it any less of a crime against the US. To use your postman analogy in an intelligent manner, it's as though I mailed a bomb to London. The relevant part of the legal code is...
Quote:
Whoever [...] (3) intentionally, without authorization to access any nonpublic computer of a department or agency of the United States, accesses such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects that use by or for the Government of the United States;

He intentionally obtained unauthorized access to computers belonging to the US government and therefore broke US law. He was also silly eough to do this from a country that actually tries to keep amicable extradition agreements with the US instead of doing it from Russia or China like a sane hacker.
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#17 Jan 01 2010 at 12:43 PM Rating: Excellent
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This guy has to be a troll. No one is that stupid.

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#18 Jan 01 2010 at 12:56 PM Rating: Good
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This guy has to be a troll. No one is that stupid.


Never misunderestimate stupidity.



Edited, Jan 1st 2010 2:03pm by Timelordwho
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#19 Jan 01 2010 at 1:13 PM Rating: Decent
Edited by bsphil
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Samira wrote:
This guy has to be a troll. No one is that stupid.
I'm still not convinced varus isn't just an epic, dedicated troll either, but really I wouldn't be surprised if he wasn't.

And I don't know if I'd even believe him if he admitted it.

Edited, Jan 1st 2010 1:20pm by bsphil
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#20 Jan 01 2010 at 4:10 PM Rating: Excellent
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Leodis wrote:
The British man that was executed in China was carrying 4kg of heroin. In China you can get the death sentence for carrying 50g of heroin, this guy had 80 times as much. He was never formally diagnosed as being mentally ill - this condition was just raised by his family post-conviction. The actual condition he may have had - bipolar disorder - is not normally associated with being easily led, nor should it prevent you from knowing what's right and wrong.

Personally, I can't see the problem with executing a convicted drug smuggler. He wanted to make some fast, easy money and got caught. The world's a better place without him.



Bipolar disorder is associated with taking unreasonable risks and being detached from reality, especially the consequences of your behavior. Now, I don't know if that is the reason but if he was fully manic, it'd definitely be an issue. It'd be an issue of criminal responsibility. But besides the psychiatric diagnosis, I wouldn't say good riddance to a small time drug smuggler b/c I think the punishment is disproportionately severe to the crime. At the same time, I wouldn't necessarily think it was effective to try to intervene in China when someone breaks the law there.



Edited, Jan 1st 2010 6:20pm by Annabella
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#21 Jan 02 2010 at 1:38 AM Rating: Good
When a person breaks a law in a foreign country, he would be tried according to the laws of that country, not his native country. I think the OP has difficulty grasping this concept.
#22 Jan 02 2010 at 4:36 AM Rating: Decent
Now my issues with these 2 cases are not that they are innocent of any crimes, but that the actions taken against them are totally disproportionate to the actual crime committed.

OK maybe analogies made may have been crap, the above statement is what I was trying to get at, so in simple terms do you agree with it or disagree.

As for ecrime, thanks for posting the section of the law, as far as I understand that, the US passed a law saying that comprimising their stuff is a crime under US law. I think I get that now.

But, just a hypothetical situation, if old mad as a badger Kim-Jong-Il decided that posting stuff making him look bad on his national website, was illegal under his law, would that not be similar as the servers n stuff are in his country etc.
#23 Jan 02 2010 at 6:43 AM Rating: Good
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Kevanff wrote:
But, just a hypothetical situation, if old mad as a badger Kim-Jong-Il decided that posting stuff making him look bad on his national website, was illegal under his law, would that not be similar as the servers n stuff are in his country etc.


I'd imagine that he would find it hard to get extradition for someone if they posted something on built in comment sections. If someone hacked his server to post the messages, then yes, it would be similar.

Kevanff wrote:
Now my issues with these 2 cases are not that they are innocent of any crimes, but that the actions taken against them are totally disproportionate to the actual crime committed.


Breaking into government servers is a fairly serious crime. In fact, I'd almost compare it to breaking into a government office and rifling through documents. I personally don't see a decade or two of jail time as disproportionate. Not only that, but as stated earlier:

Quote:
There's no guarantee he'd receive the max, of course.


The max penalty would likely only be invoked in cases of malicious intent, I'd imagine. He won't get a slap on the wrist, but I doubt the guy would spend more than 5-10 with the possibility of parole before that.
#24 Jan 02 2010 at 10:10 AM Rating: Excellent
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Kevanff wrote:
Now my issues with these 2 cases are not that they are innocent of any crimes, but that the actions taken against them are totally disproportionate to the actual crime committed.

Well, what you were actually doing was saying that the US was the same as China because China executed some retarded guy for drug trafficking and the US wants to put someone in jail for hacking into Dept. of Defense computers.

Should China be executing people under the situation you described? I'll say "no", sure. But so what? It's China. They don't care what the UK thinks of their drug enforcement policies. Was the purpose of that line to discuss China's policies or just to set up a "You're as bad as China!" line because you spent all of one sentence talking about it and the rest of the OP discussing how this hacker guy was a blushing innocent being mauled by the monster of the US justice system (which we have in common with China!)?

Quote:
But, just a hypothetical situation, if old mad as a badger Kim-Jong-Il decided that posting stuff making him look bad on his national website, was illegal under his law, would that not be similar as the servers n stuff are in his country etc.

I don't even know what you're asking here. On N. Korea's national website? I suppose if I was to hack into N. Korea's government computers and put up goatpr0n, N. Korea would have a valid *****. They probably wouldn't get far with it because the US & N. Korea don't have an extradition treaty. N. Korea and the US also wouldn't cooperate in finding out who I am and bringing me in, which authorities in the UK almost certainly did in the case you presented. Which goes back to what I said before: this guy was stupid enough to not only break US law in a way certain to attract the federal government's attention but did it from a nation with strong ties to the US. If you want to hack US federal computers, do it from Venezuela or Russia or something.

Edited, Jan 2nd 2010 10:20am by Jophiel
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#25 Jan 02 2010 at 5:32 PM Rating: Good
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If they find goat **** on North Korea's website, I'll tip them off to Joph's whereabouts.
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