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Lauri Love judgment: Extradition would be 'oppressive' and breach forum bar

rh587

The forum bar was introduced after the Gary McKinnon case in the 2000s, when a British hacker with Asperger's was accused of hacking into various US government agencies.

...

Peter Caldwell QC of Drystone Chambers, the UK Crown Prosecution Service barrister appearing for the US government, argued in court in November that the forum bar should not have been applied to Love because the harm he was said to have caused was in America, and therefore he should answer for that to the US justice system.

I have to say, without commenting on the case itself, I'm inclined to think the Prosecution need a new barrister. The barrister is arguing that the forum bar should not apply, despite the bar being specifically created for an identical case (British national hacking US computers in the US from Britain)?

"This test that was specifically created based on a similar case to deal with exactly this type of case should not apply because the alleged harm was caused in the US, exactly like the other case".

Is that really the best you've got? Really?

In commenting on the case, I am supportive of the McKinnon and Love findings - try them in the UK. The high profile that the Americans have generated for the case limit the possibility of a fair trial being obtained stateside.

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