Tuesday, March 13, 2012

Theresa May confirms extradition of TVShack founder Richard O'Dwyer

Guardian


The home secretary, Theresa May, has signed an extradition order to send the TVShack founder, Richard O'Dwyer, to the US to stand trial for alleged copyright offences. O'Dwyer, 23, set up the website, which the American authorities claim hosted links to pirated copyrighted films and television programmes.

May's decision comes as David Cameron arrives in Washington to meet Barack Obama. It is expected that the UK-US extradition agreement and the case of Gary McKinnon, accused or hacking, will be raised on the margins.

A Home Office spokesman said May took the decision after "carefully considering all relevant matters".

Westminster district magistrates court cleared the way for the Sheffield Hallam University student's extradition in January when it ruled there were no remaining statutory bars to his removal. He could face a maximum sentence of five years in jail in the US, compared with only two years in Britain.

O'Dwyer's mother, Julia, from Chesterfield, said he had been "sold down the river". A petition against his extradition has been signed by almost 20,000 people.

She said: "Today, yet another British citizen is being sold down the river by the British government. Richard's life – his studies, work opportunities, financial security – is being disrupted, for who knows how long, because the UK government has not introduced the much-needed changes to extradition law."

A Home Office spokesman said that the American authorities had alleged that substantive criminal activity in this case had happened in America, and requested his extradition.

The case was brought by the US immigration and customs enforcement agency, which claims that TVShack.net earned more than $230,000 (£147,000) in advertising revenue before a warrant was obtained and the domain name was seized in June 2010. The website was said to have collected and catalogued links to websites containing illegal copies of films, TV programmes and music.
The Westminster district judge found the allegations were comparable to offences under British copyright law and it was appropriate for a trial to be held in the US. It is expected that an appeal will be lodged in the high court against both the home secretary's decision and the ruling by the Westminster district judge.

O'Dwyer will not be sent to the US immediately. An appeal is likely to lead to a lengthy delay.

The case is under the 2003 Extradition Act, which enshrines the UK-US agreement, and which was recently used to send Christopher Tappin, a 65-year-old British businessman, to the US for trial on charges of alleged arms dealing. A decision by the home secretary is also awaited in the case of McKinnon, the alleged computer hacker, who has been diagnosed with Asperger's syndrome.

Julia O'Dwyer said: "The US is coming for the young, the old and the ill, and our government is paving the way. By rights it should make for an interesting conversation between the Obamas and Camerons aboard Air Force One – but I'm not holding my breath. If Richard appears to have committed a crime in this country, then try him in this country."


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