Use
a Dot Com web address? Then you're at risk
Do you have a
website or blog with a .com,
.net
or .org
address? Do you have some responsibility in your workplace for a
website that does? Is your website, whatever its address, hosted by a
company based in the US?
Then watch out. The
US authorities could take your website down if they think it is
breaking US laws. More importantly, they could take YOU
down - extradite you, put you in the dock in a US court, and jail
you.
The
US claims jurisdiction over websites, wherever they are run from, if
they are hosted on servers located in the US - and many of the most
popular and cheapest web hosting companies are located in the US. But
if you think that by avoiding US web hosting companies you can stay
safe, think again. The US also claims jurisdiction over a number of
apparently "international" domains, including .com, .net
.org, and .tv, because the companies that administer these domain
names are located in the US.
Babar Ahmad and
Tahla Ahsan are facing extradition to the US to face terrorism
charges arising from their alleged involvement with a website that
was hosted, for a short period, on servers in the US. Their
connection with the website has yet to be established. You might
think it would fall to a British court to decide on that, and to
decide whether or not the website was legal. But neither the British
nor the US governments want that to happen. Ahmad and Ahsan's
application to the European Court of Human Rights to have their
extradition blocked was rejected on 10 April, but they still have a
right to ask a larger panel of European Court judges to look at
their case. Think
the US will only do something like that if it thinks its security is
at stake? Think again.
Richard
O'Dwyer is facing extradition to the US to answer charges of
copyright infringement solely because his site TVShack.net used a
US-administered domain name. His website broke no UK laws, but that
may not be good enough to keep him out of jail. He has lodged an
appeal against the UK Goverrnment's decision to allow his
extradition. More
cases like this are inevitable. New Zealand based web expert Vikram
Kumar says:
"When
a government finds a means that works, the range of ends to which it
feels justified to apply that means can expand very quickly."
What
you can do to stay safe?
*
If you live in the UK, contact your MPs (you can use
www.writetothem.com)
and demand that they repeal the Extradition Act 2003, which allows
the US to seek your extradition without having to present any
evidence in a British court. And tell your MP that the extraditions
currently in the pipeline must be stopped. The people the US is
trying to extradite should be tried in Britain if there is any
evidence against them.
*
If you live elsewhere, make sure that your country's extradition laws
are French style (French citizens are not extradited to the US), not
British-style. If your country has British-style extradition laws,
ask your democratic representatives to change them.
*
If your website uses a US-administered top-level domain such as .com,
.org or .net, consider changing it to something else, such as .co.uk,
.org.uk. With care, it need not cost you web visibility. One day you
may be very glad you did it.
*
If you have influence in a business or organisation that uses a
US-administered top-level domain, encourage them to consider a
change.
*
If you work with such a website as part of your job, ask your trade
union to look into the legal risks you may be exposed to. Perhaps
your employer thinks the magic of a .com domain is worth the risk.
Your union should ask them to think again.
*
If you live in the UK, contact the Director of Public Prosecutions to
demand that Babar Ahmad be put on trial in the UK. It's the right
thing to do (Ahmad's alleged crimes were committed in the UK, the
evidence against him was gathered in the UK by British police, and he
is a British citizen). It's what Babar Ahmad wants. And it will set a
precedent that makes it less likely that YOU could be extradited to
the US. More
info about writing to the DPP
ann arky's home.
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