Alleged hacker Lauri Love to be extradited to US
bbc.co.uk
bbc.co.uk
But for some reason every politician's reaction to cyber events is to make the CFAA more draconian. President Obama is actually in favor of adding more provisions by amendment this year.
I'm not sure of the correct way to handle cybercrime laws, but I know the CFAA isn't it.
I forget who said this, but it's because to a lot of this generation of politicians, a lot of "hacking" and "cybercrime" is a modern-day witchcraft. Aside from a few allies in Congress, technological aptitude (and those that actually understand cybersecurity) will likely lag until a lot of these older career politicians are replaced by "digital natives".
It's not just politicians, either. Some execs at non-tech companies respond to penetration tests in the same way. "How did you do that?" "Why is this possible?" It's just completely outside of their realm of knowledge, and they trust their systems to be as failsafe as most mechanical ones.
Don't even look at the Man sideways. Keep your head down and hope he walks on by.
Reading the indictment he comes across to me as a credit card thief wrapping his crimes in activism.
https://regmedia.co.uk/2016/05/10/lauri_love.pdf
"LOVE and his conspirators unlawfully obtained information the victims identified in thisIndictment morethan 100,000 employee records, including names, social security numbers, addresses, phone numbers, and salary information, and more than 100,000 financial records, including credit card numbers and names, and caused loss aggregating in excess of $5 million"
"On or about July4, 2013, LOVE wrote the following in an IRC chatroom using the online nickname "peace": "it worked ... we have... easily 5-10k contractor and gov credit cards "
"That same day, LOVE uploaded to a computer server a spreadsheet containing information obtained from iq.govwin.com, including names, job titles,addresses, phone numbers, and approximately 23,000 credit cards numbers with expiration dates and items purchased. Other members of the conspiracy obtained copies of the spreadsheet from the server on or about January 24,2014, and on or about March 10,2014"
In other chats published in the indictment, Love is alleged to have said: "You have no idea how much we can fuck with the US government if we wanted to," and, after describing the data as "really sensitive", adding: "It's basically every piece of information you'd need to do full identity theft on any employee or contractor for the [government agency]."
https://www.theguardian.com/world/2013/oct/28/us-briton-hack...
UK should be giving lauri love a new identity and a fat paycheck. Not pandering to the administration of a country soon to be run by either a crazed sickly war hawk or a full retard that gets all his world news from fox.
He's not even a teenager, and can:
* Play the trombone better than peers two years older than he is, all because he inherited a trombone from his late grandfather, and wanted to honor his memory
* Compose music in GarageBand on his iPhone or Mac, and arrange covers of songs from memory, as well as play them on the trombone or piano/keyboard
* Write properly-formatted screenplays, direct and produce (with iMovie) and create VFX (with Apple Motion) for his own creations
* Write automation scripts for various Mac tasks with JavaScript
He has an amazing ability to understand advanced math and science concepts, and recently started positing theories about dark matter (!) during our nightly reading and chatting time. And he's proven that he'll effectively learn (and put into practice) anything he wants to, given the resources to do so. He's expressed more and more interest in computer programming, and I've indulged that interest by teaching him JavaScript (his first request) and now Swift.
And one day, he's going to frighten someone with his skills, and he won't understand why; for all his genius and talent, he's still on the autism spectrum, and one common disadvantage for those on the spectrum is an inability to put themselves in someone else's shoes. He cannot understand why others don't think exactly the way he does, or understand the intentions behind his actions. It is completely alien to him that subterfuge is employed by others, that words and deeds should be taken by anything but their literal or face value. He can't begin to comprehend why his stated intentions behind his words or deeds would not be completely and unconditionally believed by everyone else. It simply does not compute.
He gets services in school to help with his pragmatic communication, and I do everything I can to guide him as well. Once he's out of school, I can only hope we've made enough of a difference for him to live productively and happily in a world that vilifies people with above-average intelligence but below-average pragmatic or social communication skills.
I ask this rather than put it out there as a solution mostly because my only understanding of autistics that have come and gone in my life have all had this thread of bottomless abilities to absorb information on topics that fascinate them as well as loving things they can game. Would turning understanding emotions into a game assist his learning here?
Worked for me, although 'game' is perhaps unduly reductive; for me, it's more in the sense that this is how I can best make myself worthwhile. I don't claim to be on the spectrum, though, so I'm not sure how much 'worked for me' is worth.
Hope it all works out splendid for you, your son and family.
[1] http://www.rollingstone.com/culture/news/the-entrapment-of-j...
[2] https://www.google.com/search?q=special+needs+shot+by+police
Edit: Apparently he's facing 99 years for the charges (yes I know he might get much less). I wonder if he can appeal to the European Court of Human Rights. I know in the past they've said whole-life sentences are ok but I can't see how such a sentence wouldn't be considered inhumane for computer hacking.
These "99 year" sentences are conjured by taking every charged count of an offense, assuming the maximum possible sentence for that class of offense, and then adding all the charges together.
But that's not how federal sentencing works. Like: at all. What happens in reality is that "like" charges group, and you're sentenced only according to the most severe count in the group of charges.
The federal sentencing guidelines are freely available. You can read through them to get a ballpark of where this case will land. There's a reason most convicted hackers who aren't running giant credit card rings spend single digit years in prison: the sentencing guidelines won't allow for a different sentence.
https://www.eff.org/deeplinks/2013/03/41-months-weev-underst...
† With the nit that I don't believe a 5 year sentence would be in the cards for this particular offender.
No, not because of that. There's this thing called “jurisdiction”, and countries have it over their own territory, but not that of others. The US should sue him in the UK, and try to get him sent to prison in the UK.
I see comments like this one in a lot of threads involving prosecutions - off the cuff statements that "well, it FEELS like things should work this way, rather than the way they actually do." If you're not an expert on the legal issues at hand, perhaps consider refraining from making these types of comments.
I will agree that it is bullshit thaw you can get extradited to a country you've never even been to and tried under their laws for committing a cyber-crime, though. He should remain in Britain for that reason alone. It's also pretty disgusting how if he had committed the exact same crime under the employment of the government they wouldn't have even filed charges.
"But the UK was the head of an empire in long-term decline. In 1956 the political elite in both the UK and France faced a crisis after the Suez crisis effectively slammed on the brakes on British imperial influence east of the Nile; the USA had asserted the primacy of its own interests. What to do? To paint with a very broad brush, the French response was, "we cannot rely on the perfidious Americans to back us up: we need to preserve the capability to act independently at all costs". The British response was, "we can no longer act alone without American support, so we need to preserve a good relationship with the Americans at all costs."
http://www.antipope.org/charlie/blog-static/2013/04/on-the-u...
Mind you - we sometimes did refuse requests from the US (e.g. to get involved in Vietnam) but I think overall this goal does apply - in general we will do whatever it takes to keep in with the US, and the lack of what we would regard as fair treatment for one individual "hacker" is probably seen as a cheap price to pay.
(And I say this as a USian who is actually concerned with the disastrous effects that exercising world jurisdiction is having on our own society. Why bother spending the effort to secure computers when you can just assuredly throw the witches into cages for decades?)
In this instance we have someone who's pretty clearly committed a serious crime (stealing credit card info, for example), being extradited to the country which has jurisdiction with respect to the offense committed. It's a completely normal and proper instance of extradition. I'm surprised to see people here falling for the guy's rather overwrought sob story.
I reject the idea that merely communicating with some place creates a legal nexus giving that place jurisdiction over you - it contradicts the general concept of freedom of speech. By such reasoning, holocaust denial is effectively criminalized in the US because such speech will reach Germany and possibly change people's minds there.
If you are just opposed to all instances of extraposition, then ok, but that has nothing to do with this specific case.
(I assume you meant to type 'extradition'). I'm not opposed to all instances of extradition. It seems perfectly reasonable that if someone commits a crime on US soil and flees, that their destination isn't a a safe haven and they be brought back to the jurisdiction they were in.
But that's not what happened here - the alleged crime was committed while on British soil, and I don't think he's ever visited the US. So "extraditing" him is actually exporting him to a completely foreign jurisdiction!
There is no legal precedent for limiting extradition to instances where the person being extradited has been physically present within the jurisdiction in question. If you hack into US government computers, it obviously makes sense for the US government to prosecute you.
By the way, in relation to your Holocaust denial example, you should look into the concept of "dual criminality".
The dual criminality thing isn't surprising because it's the crudest way of resolving the immediate conundrum. But this case precisely highlights its flaw - a person has only violated the law if they are found guilty in a court. Lauri has not been found guilty in a UK court, and therefore his actions have not been found illegal under UK law! Not to mention the vastly different punishments between the places (owing to societal differences that he never opted into). So either the principle needs to be extended to take these things into account, effectively making him stand trial in a UK court but perhaps with a US prosecutor, or another basic principle needs to be found.
Obviously there is no legal precedent, because if there were we wouldn't be having this conversation (it is the tendency for these systems to grow and erode rights). But I'm arguing that there should be - if someone is not physically present in a jurisdiction, how can they be said to have positively assented to that jurisdiction?
In the age of instant global communication, we either have one world jurisdiction (role currently being filled by USG) or we need to adopt logical demarcation points between different ones. I believe freedom of speech scaled up to nation states makes a lot of sense, for the same pragmatic reasons that it makes sense applied to individuals - a receiver of information is able to easily filter much garbage, and so the onus should be on them to prevent being affected by it.
You're also misunderstanding how dual criminality works. The requirement is that the offence for which the individual is being extradited must be a crime in both countries. That requirement is met in Love's case but not in your hypothetical Holocaust denial case.
I don't see why people should have to assent to being under any given jurisdiction. I didn't assent to being under British jurisdiction, but since I live in Britain, I am. You seem to be suggesting that the physical location of a person should impose hard-and-fast restrictions on which country's laws they may be subject to, but see no reason why that should be so.
Previously it was adequate because one basically had to visit a jurisdiction to commit a crime there. But taking a look at https://en.wikipedia.org/wiki/Pornography_by_region, surely you wouldn't think it just for someone to be extradited from Iceland to Sudan for setting up a pornographic website.
I started off this thread explicitly saying that I reject the idea of communication creating a legal nexus. Borders and physical locations are a strong Schelling point for determining jurisdiction. I'm referencing free speech for its aspect of "what is said cannot hurt me", which is another Shelling point.
The Nigerian scammer is still committing fraud, but in Nigeria.
With regard to your Iceland example, I doubt that Iceland and Sudan have an extradition treaty. If they do, I don't see in principle why someone who lived in Iceland but was involved in producing pornography in Sudan should not be extradited for it. In practice, however, the probable lack of an extradition treaty, and the probable flaws in the Sudanese justice system, would make it very unlikely that an Icelandic court would approve such a request.
I'm not really sure why you bring the example up. People don't in fact get extradited from Iceland to Sudan, so it's not as if it highlights a problem with the present system.
>The Nigerian scammer is still committing fraud, but in Nigeria.
I don't see how that is necessarily the case, if the victims are in other locations.
An action can only be an offense if it illegal. And something can only be illegal if found so in a court of law. So, in abstract, dual criminality would require a proper trial in the extraditing country to determine if an offense was committed. The actual implementation takes shortcuts (because bureaucrats' goal is focused on achieving punishment), but this is an erosion of the legal system as I've been pointing out.
Surely you don't think that someone in a country with due process should be mechanically extradited to a country with no due process, but you're relying on a merciful extradition court to essentially try the case and provide due process before extradition.
> I don't see in principle why someone who lived in Iceland but was involved in producing pornography in Sudan should not be extradited for it
And distribution? eg just setting up a website that isn't not accessible from Sudan? I made this example because it shows how something can be technically "illegal" in two different places, yet have entirely different criminal procedures and punishments.
> I don't see how that is necessarily the case, if the victims are in other locations.
I have repeatedly stated that I'm rejecting the idea that communication can create a legal nexus. In this context since the fraudster has not left Nigeria, all his crimes are happening within Nigeria. This has been my main argument the whole time.
Rather than directly addressing my main point, you've only countered with how things currently are. Obviously if I thought the current state of affairs was worthwhile I would not be making this argument, so it's hardly a refutation.
No, dual criminality requires that the person be extradited for (allegedly) doing something which is a crime in both countries. So for example, you can be extradited from the UK to the US on a murder charge because murder is a crime in both countries. Whether or not you have been found guilty of murder in the UK is irrelevant.
>Surely you don't think that someone in a country with due process should be mechanically extradited to a country with no due process,
That is why extradition treaties are generally only signed with countries which have due process. But all of these extradition requests have to go before a court; they're not "mechanical".
>I have repeatedly stated that I'm rejecting the idea that communication can create a legal nexus. In this context since the fraudster has not left Nigeria, all his crimes are happening within Nigeria.
This is just wrong on the face of it, and you've provided no supporting argument. If the fraudster is defrauding people in another country then his is potentially subject to the jurisdiction of that country.
> This is just wrong on the face of it, and you've provided no supporting argument
All of my comments have contained the supporting arguments, to which you've merely responded with how things currently are. This does not make for much of a refutation.
IMHO this is one of the problems with a common law legal system. It's all too easy to forget that its various principles and precedents are actually man made and not manifest immutable truths.
I suspect McKinnon would also have been extradited under the current administration.
McKinnon had wide support in parliament and media, and seemed to get a much higher profile than this case has. May's politics are complex - she's a liberal tory, but very right on some issues. The forum bar is probably window dressing - it looks designed to change little, and adds a prosecution certificate that can negate it (not sure how they get that certificate). Love just failed the forum bar. She also removed, in the same act, the ability of the Home Secretary to intervene on human rights grounds - passing that to the High Court. IANAL but that would see McKinnon extradited under current rules.
So, coalition or May? Can never be sure, but I think the coalition will have moderated.
It seems like that's how it should be. Having politicians override the law willy nilly could be very dangerous. Worrying to think that preventing McKinnon's extradition required that though.
The problem is extradition sets too low a hurdle that the last act significantly lowered (no longer requiring evidence amongst other things), and that's quite unpopular. Has been for ages and no govt or Home Sec has managed to convince the public - yet there continue to be high profile cases - McKinnon, NatWest 3 (which was a farce) etc.
So, it can be done but politicians are preventing it. Market is bigger problem, though. Burroughs B5000 was first, high-security system nearly immune to code injection in 1961. They did good in market but IBM had better price/performance. That plus more feature improvements is all market will really buy. Something uglier, slower, a few less features, and cost double for the security? Most wont go for that. They usually dont do it even if the software is free and easy to use like a few in FOSS with strong security. So, suppliers are right to keep giving them the garbage they demand until they'll pay for something better.
Note: Companies and CompSci people continue developing higher, security stuff anyway. Just very few of them with commercial stuff costing big $$$ due to low volume/demand and academic stuff delivered in prototype form since FOSS people dont put time in them. Hard to see how it will get better on a large scale.
For the ones with the worst intentions, it's likely something to do with chasing material and/or social rewards. (edit) And they don't much care about how much it hurts others.