Outrage as UK student faces Extradition to US over Alleged Copyright Breaches

British student Richard Oliver faces extradition to the US for his website TV Shack, which offered links to films. He could face up to five years in a US jail.

Commentators have demanded an explanation as to how there can be any justification to extradite a UK national, with a UK based website and server, with no connection to the US at all.

The controversial 2003 US-UK extradition treaty has been heavily criticised for working one way only, there is no reciprocal agreement. Is it a threat to British sovereignty, particularly when used for such minor offences?

It is very questionable whether Mr Oliver has committed any offence at all. In fact some have speculated the attempt at extradition is precisely because Mr Oliver hasn’t actually committed an offence under UK law. His website doesn’t actually contain any copyrighted material itself, it only links to other sites.

In a very similar preceding case brought against Alan Ellis (Accused of Conspiracy to Defraud the music industry – note not a copyright offence) the prosecution’s case collapsed. It is likely that any case brought against Mr Oliver in the UK would have a similar result. http://blogs.computerworlduk.com/open-enterprise/2011/06/us-abuses-copyright-and-extradition-law-uk-acquiesces/

The case is particularly worrying given the recent e-G8 summit where governments discussed the possibility of regulating the internet. This despite the recent UN report which argued access to the internet was a basic right of expression. http://frostmagazine.com/2011/06/cutting-off-your-internet-could-breach-human-rights-says-un/

 

UN Says Cutting Off Your Internet Could Breach Human Rights

Frank La Rue, the UN Rapporteur for the promotion and protection of the right to freedom of expression, has argued that removing somebody’s internet access deprives them of a basic right.

Mr La Rue presented his report, ‘on global access of the internet as a medium for freedom of expression, to the UN Human Rights Council this week.

In his report Mr La Rue condemned certain proposed and existing government legislation. In particular he singled out the UK’s Digital Economy Act which has a provision to restrict or remove internet access from those breaking copyright laws. His report was particularly concerned with ‘a centralised on/off control over the internet. He said, removing somebody’s internet access is to deprive them of a key component for the basic human right of freedom of expression.

The report comes in the wake of the e-G8 summit in Paris where Mr Sarkozy led discussions on proposals to regulate the internet. Governments worldwide have become increasingly fearful of the power of the internet, particularly in the wake of the Arab spring.

In his opening speech Sarkozy said, ‘the world you represent is not a parallel universe where legal and moral rules and more generally all the basic rules that govern society in democratic countries do not apply.’

But many internet entrepreneurs including Google chairman Eric Schmidt warned governments against attempts at legislation arguing, ‘technology will move faster than governments’.

Sarkozy has faced severe criticism for a recent internet law (the HADOPI law) which he has pushed forward. The law (to be enforced by a new government agency) could see those suspected of illegal file sharing brought before a judge.

Could these new government agencies precipitate a major government crackdown on the internet? While Mr La Rue’s report will be welcomed by many, it will take more than UN reports to ensure the freedom of the internet.

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