Re: BBC: UK hackers condemn McKinnon trial

[Florian Weimer <fw () deneb enyo de>]

* Valdis Kletnieks:

> On Tue, 09 May 2006 18:40:49 +0200, Florian Weimer said:
> > * Cornali Remo:
> >
> > > Accused of hacking into US military computer networks, Mr McKinnon this
> > > week is expected to find out if he is to be extradited for trial in the
> > > US. 
> >
> > Is Mr McKinnon a citizen of the United Kingdom?  If yes, why does the
> > UK extradite its citizens?  IMHO, this is a very strange thing to do
> > for an independent nation.
>
> If I, a citizen of the US, came over to your country and committed a
> felony, would you expect your government to try to extradite me to
> stand trial, or would you just say I had a free pass on it?

I would expect that you were arrested once you reentered the EU.  If
the crime is a felony in the US as well, you should be prosecuted in
the US.

Maybe that's because only the cases where an extradition is not
possible are newsworthy (think Mr Irving).  There is an extradition
treaty between the USA and Germany, but I can't find it on the net, so
I don't know if it covers extradition of citizens.

> The rule is usually "a person can be extradited *if* the offense is
> criminal in the country he is in as well".  So for instance, the US
> was able to extradite that guy Entwistle on a murder charge (yes, I
> know he decided to return voluntarily) because Britain recognizes
> murder as an offense as well.

I didn't know the USA extradite their own people.  Germany doesn't do
it (except for supporting the ICC, and to other countries in the EU,
but this could still turn out to be unconstitutional), Canada doesn't
do it either (at least in some cases, kudos to Mr Schreiber).
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