January looks like being a busy month, on the 10th there is a meeting of the Select Committee chaired by Keith Vaz. Among others David Bermingham a victim himself of the current unbalanced extradition treaty who was extradited to the US in 2006 as one of the Nat West 3 has been called to give evidence to the committee. Whilst the Scott Baker review team were clearly not interested in any views the "victims" of extradition might have, preferring instead to travel across the world to seek US opinion at least Keith Vaz's Committee are interested. Update to follow on this on the 10th January.
Richard is due to receive the Judgement on his case on the 13th January, of particular importance will be Judge Purdy's decision on the extradition offence and whether our Barristers argument that "linking" does not constitute copyright infringement and is therefore not a crime in the UK. If this argument is won there will be no extradition.
In the meantime I have requested two Freedom of Information requests from the Home Office both due to be received in January. I anticipate that these will both highlight further inequities in the UK/US treaty and I will forward these to Keith Vaz on receipt.
Still outstanding is the response from the Home Secretary on the Governments intentions with regard to the extradition treaty, Nick Cleggs review of the current extradition treaty being led by Sir Menzies Campbell.
Most importantly the Home Secretary's decision on Gary Mckinnon is awaited. Gary and his family have had this atrocious and despicable threat of extradition hanging over them for far too long. It is time this government did the right thing and remember according to the US Ambassador they are only pursuing Gary because he "mocked" them.
Friday, 30 December 2011
Friday, 23 December 2011
Merry Christmas, A Happy & Better New Year & Thank You
Is this copyrighted? I don't give a damn at this point got it off YouTube
This is for my twitter followers who have supported and helped #RichardO and myself over the last horrendous few months,put up with and RT'd my rants and many who have sent me useful info.
Special mentions to Janis, Gary & family, Claire, Paul,Cliff,Mike,Melanie,Loz,Glyn,Jessica,Deborah,Andy & Tim for your own individual help in different ways.
Merry Xmas to all my followers sorry my tweets are a bit limited on subject matter but needs must.
Twitter love to you all
Julia
Wednesday, 21 December 2011
Monday, 19 December 2011
WHAT THE BRITISH PUBLIC HAVE TO SAY ON IT
"This boy should be free absolutely no doubt about it. It is RIDICULOUS to try and extradite someone for simply letting people share links on his site, that FOR ONE is not illegal. And TWO - the fact the the US goverment can't get to grips with the fact that THEY CANNOT control the internet - it is open source. They should not take their issues with the modern world and technology out on an innocent normal young open hearted boy. This is the modern world - DEAL WITH IT. Leave him alone!!!
Some common sense from our parliament on this please."
"The extradition treaty is one-sided & mal-formed. An extradition would impede justice. Justice for Richard!"
"Look into the facts of the case and you will hopefully realise that the case for extradition is meaningless and ICE is just looking for a new scapegoat to satisfy the MPAA."
"Stop this absolute bullshit. He is a UK citizen operating a website with LINKS to other sites. He has committed no crimes. Sending him to the USA is the only crime here."
"An EU citizen should not be made subject to American law simply by being on the internet. If acts take place within the UK, they should be subject to UK law only".
"Stop him from being extradited and bring some normality back to the legal system!"
"The extradition of a young man purely to feed the endless greedy desires of private corporate entities in the US cannot be allowed to proceed. The majority of right-thinking people already recognise that 'contributory copyright infringement' is a nonsense offence which cannot be truly quantified. If simply by linking to other websites who are hosting infringing content is an offence then every single search engine is also guilty. Where do we draw the line? It is unenforceable - end this madness."
"This is outrageous, that the UK would just give away their citizens like that? Where is your pride England? God Save the queen? I would say "God save the people".
"The US is the US and the UK is the UK. They are completely separate countries separated by an ocean and by completely different legal system. The US has no business whatsoever trying another country's citizens when he never so much as crossed a border or even for-profit business. Extraditing him is the equivalent of forcing someone to pay for a bill to a restaurant he never went to."
Sunday, 18 December 2011
Saturday, 17 December 2011
LETTER ON WIDER IMPLICATIONS OF THE CASE BY SHEFFIELD ACADEMIC
Richard O’Dwyer – The Wider Implications.
There is deep concern about the broader implications of the Richard O’Dwyer Extradition case and how it could lead to the US government controlling the activities and flow of information on the World Wide Web. Please read the following information and look further into this matter in order that the members of both Houses can be made fully aware of how allowing this case to be tried in the US is not only a breach of Richard’s human rights but it also opens the floodgates for any user of the Internet in the UK to fall under the jurisdiction of US law and face extradition.
The US defence in this case is that Richard has allowed a crime to be committed by providing the targeted “linking” on the site, that many of the adverts on the site were aimed at the US market, and that Richard had used a .net domain to register his site, which has to be registered via the US domain registration organisation, therefore purportedly falling under US jurisdiction.
Richard did not store any illegal material on his website server, which was based in the UK, nor did he encourage anyone to use his site or condone the downloading of illegal material. The links work very much like any search engine, such as Google, returning the top results based on most popular links clicked. Nevertheless, as the current extradition treaty with the US does not allow forum, therefore not allowing the case to be assessed for trial in this country, he now finds himself facing up to 10 years in a foreign prison that is showing increasing disregard for human rights, where he wouldn’t even be able to benefit from the support of his family and friends.
The same fate could, theoretically if a precedent is set, await over a quarter of our young people who could face direct US copyright infringement charge; this is reportedly the largest demographic of Internet users who admit to having “illegally” downloaded or shared a movie or music and every single one of them could face a US prison sentence or end up paying financial penalties to US companies.
Given the alleged nature of the crime, this request is a flagrant abuse of the original intention of the Extradition Treaty, which was to help simplify the process of the extradition of suspected terrorists; even the broadest of imaginations could not relate “linking” to a terrorist act. This confirms that any form of control that provides broad sweeping powers to the US government will be abused, and any precedents set will not be isolated cases. In light of that, the above hypothetical scenario does not seem so far-fetched or so far away in the future.
Two recent bills passed by the US Senate and Congress threaten to stifle the free flow of information on the Internet and place the US as the World’s judge and jury on what is copyright and what constitutes an infringement.
The Protect IP Act, was introduced to the US Senate in May 2011, coincidentally shortly after the decision to seek an Extradition warrant for Richard O’Dwyer. Its stated goal is of giving the US government and copyright holders additional tools to curb access to "rogue websites dedicated to infringing or counterfeit goods" and provides for enhanced “enforcement against rogue websites operated and registered overseas”. It was passed in the Senate but Senator Ron Wyden placed a hold on it stating concerns over possible damage to freedom of speech, innovation, and Internet integrity, a fear mirrored by organisations such as Reporters Without Borders and Human Rights Watch. Opposition to the bill has also been met by many of the US global technology giants who, in a letter to Congress signed by 130 technology entrepreneurs and CEOs, amongst them Google, Facebook, Yahoo, LinkedIn and Twitter, expressed great concern that the law in its present form would "hurt economic growth and chill innovation in legitimate services that help people create, communicate, and make money online”. Google’s Chairman, Eric Schmidt likened the proposed bill to the censorship framework used in China and fears the US could be heading for its own “Great Firewall” and the separation globally of the Internet into highly monitored and centrally censored “Intranets”.
An even more recent sister bill to the Protect IP Act, the Stop Online Piracy Act (SOPA), was introduced to the US Congress on 16th November 2011. It builds on the proposals of the Protect IP Act and calls for streaming of illegal content to be a felony act. The bill would authorize the U.S. Department of Justice to seek court orders against websites outside U.S. jurisdiction accused of infringing on copyrights of US businesses, or of enabling or facilitating copyright infringement. Gary Shapiro, the CEO of the Consumer Electronics Association said it "attempts a radical restructuring of the laws governing the Internet" and that "it would undo the legal safe harbors that have allowed a world-leading Internet industry to flourish over the last decade [and] would expose legitimate American businesses and innovators to broad and open-ended liability.”
The definitions written in the bill are so broad that any US consumer who uses a website overseas immediately gives the US jurisdiction the power to potentially take action against it, which puts at serious risk any UK business with US traffic. The language of SOPA is so broad, the rules so unconnected to the reality of Internet technology and the penalties so disconnected from the alleged crimes that this bill could effectively kill e-commerce or even normal Internet use. The bill also has grave implications for foreign relations and international laws and is sure to cost countries decades in court challenges; in these days of severe austerity that is something we all wish to avoid. It would mean the end of open-source software projects and freeware sharing and would create a huge increase in the use of identity-masking solutions, such as proxy servers.
It is suggested that Richard O’Dwyer is being used as a test case for the US to gauge how easily foreign nations such as the UK would be willing to give up its citizens to comply with a law that is undeniably highly stacked in the favour of large corporate (US) monopolies, and leaves the world wide open to excessive application or abuse of these laws from future malignant US leaders.
Richard faces a maximum of 10 years in a US prison for “linking”, something that has previously been successfully argued to not be a crime in the UK. If we allow him to become the guinea pig for the US censorship bills we are paving the way for many many more cases of our young people facing a very bleak future being US bars and a world where the US decides what we are allowed to see and know. This is not why Tim Berners-Lee gave away his code for free for everyone in the world to use as he/she sees fit.
The Internet is not the property of the US government, it belongs to everyone and no one. We must fight with every ounce of strength to ensure that we do not lose the freedoms that the Internet has given to the peoples of the world.
SOME COMMENTS FROM AROUND THE WORLD
As a US citizen, I am appalled that our government finds it acceptable to remove young people- people who are not dangerous and not exactly criminals- from their homes, families, and the protections of their own government, just so that some billionaire media mogul can "make an example of him" for crimes that weren't even committed on US soil. Even oppressed countries like Iran and North Korea don't do that.
This is a UK matter, the US has absolutely no business forcing themselves on it.USA
This is a UK matter, the US has absolutely no business forcing themselves on it.USA
The madness of the British politicial system allowing this youth to face trial in a foreign country when your own police have dropped charges for the same crime beggars belief.
Your political elite have sold your hearts to the EU and your souls to the US.
Tell them to grow some balls and protect your children! AUSTRALIA
Your political elite have sold your hearts to the EU and your souls to the US.
Tell them to grow some balls and protect your children! AUSTRALIA
No one should be pulled out of their OWN country for a crime committed in their OWN country. Also the pain and suffering caused by putting a person into a FOREIGN court system and the holding and jailing procedures are never taken into consideration.USA
I can not begin to express my disgust for this case. I know in the United States we have the word justice attached to our system as a partial oxymoron, but I thought the UK actually had capable courts, judges, and laws that seek justice.USA
It is disgraceful to think that the UK or any developed sovereign nation would allow its citizens to be treated this way. For shame AUSTRALIA
This attempt at extradition is a nasty and contemptible piece of work and should be stopped forthwith.IRELAND
good luck on your fight against extradition. the US seems to be the big mean bully in the playground, and this it yet another classic case of just that. i wish you the best of luck fighting this nasty opponent, who's own demise shall be through its own greed.CANADA
PLEASE TAKE ACTION & SIGN HERE
PLEASE TAKE ACTION & SIGN HERE
Mr. O'Dwyer will and can _not_ be fairly tried on this matter in the United States. Due to regulatory capture it is impossible for civil or criminal penalties to issue on these matters in U.S. jurisdictions.USA
This is a violation of human rights, I'm ashamed that my government would engage in such malicious activities and violates one's human rights to this extent. It's an unfortunate injustice, that is just more cause for a revolution-- to change ourselves, for the better.USA
I fully support Richard O'Dwyer, what is happening to him is complete non sense. Please stop this Extradition immediately USA
IP infringement should only be actionable in the country in which it occurred. If the UK does not acknowledge that infringement occurred, or that no reasonable laws were broke, then a person should not be extradited to a foreign power. That's the right of a people to rule themselves. The UK is not an American colony, don't act like one.USA
This is absolutely absurd - if this extradition goes through, my company will be locking out US IP addresses, and I will be urging companies I consult for to do the same. The Internet is a global community, and the laws of the United States do not apply outside of their borders. If they can't accept that, they will find a lot of locked doors on the Internet.CANADA
My American government is getting too arrogant, obnoxious, and obtrusive in forcing it's draconian laws not only on it's own citizens, but now the rest of the world. Someone needs to stand up to the American government and stop them. The U.K. Parliament needs only to remember that U.S. laws do not apply in the U.K. Stop the extradition of Richard O'Dwyer. PHILLIPINES
The extradition of an UK-student - living in the UK, having used UK-domains and UK-servers only - to the USA for a non-crime, non-violent action like copyright infringement of all things under acts made for terrorists is ridiculous, grossly unfair, out of any proportion and a shocking abuse of justice. I'm stunned and disgusted. I hope common sense will prevail!HONGKONG
I'm American but if I were a citizen of the UK I would be ashamed that my own country isn't protecting me. I hope this situation gets resolved without him having to be tried in the US or in the UK. Movie studios & tv networks are trying to hold on to a DEAD business model that is not sustainable in the 21st century. They are using vast financial resources to enlist the government to do their bidding, & it's not right. I had more to say but no room. Go here 2 read my comment http://bit.ly/oxjOhH USA
Switzerland is watching the UK's reaction to these events.
For the sake of Justice and Integrity, the UK should not allow one of it's young citizens to be deported to the country that operates Guantanamo Bay, especially not for an activity that so far has not even been ruled as illegal (i.e. linking to other websites).
UK courts are perfectly capable of trying this case and the UK must protect it's citizens.SWITZERLAND
For the sake of Justice and Integrity, the UK should not allow one of it's young citizens to be deported to the country that operates Guantanamo Bay, especially not for an activity that so far has not even been ruled as illegal (i.e. linking to other websites).
UK courts are perfectly capable of trying this case and the UK must protect it's citizens.SWITZERLAND
Best of luck to you Richard, I really hope everything goes well for you. You don't deserve this. USA
Watch out, Google, you're next for referring people to other websites that break the law.CANADA
Running an internet site with an extension that is managed by a US company does NOT give the US the jurisdiction to supersede other countries' laws, despite the fact they might feel otherwise. If no other connection abroad exist, people should be prosecuted under local laws.HUNGARY
Friday, 16 December 2011
HERE ARE JUST A FEW COMMENTS FROM RICHARD'S PETITION, I'LL KEEP THEM COMING!
Extradition for something like this is laughable, at best. The man is not a US citizen and, as such, cannot be tried fairly in a US court of law. If he has committed offenses of a high enough calibre, take care of it without an international pissing contest. This just screams "totalitarian paid police". Stop going after kids simply because you want more money. US Comment
Uploading links its not illegal.UK COMMENT
The US talks about freedom and democracy, they need to respect other country's laws more and mind their own business.CANADA COMMENT
People should be free to use the internet without fear of America.UK COMMENT
The U.S. Government, the courts and law enforcement are completely out of control with this copyright insanity. To allow them to reach across borders and extradite a citizen of another country for such an absurd non-crime is a complete intolerable travesty. The U.S. does NOT run the world. Their primary concern is protecting and looking out for the interests of big business and the rich. If they choose to chase down their own people, so be it. Their insanity must remain within the U.S. UK COMMENT
TVShack was intended for residents of the United Kingdom. No attempt was made to target anyone with TVShack in the USA. An extradition of Richard O'Dwyer from the United Kingdom to the USA is NOT supported by large numbers of residents of the USA (including myself).US COMMENT
This extradition policy is one sided. It is unfair, unjustified and unreasonable.UK COMMENT
These laws were drawn up to deal with terrorism suspects. Why is there even a debate about it? The UK desperately strives to nurture a so called "special relationship" with the US which only suits the US. UK MPs should make the law absolutely unambiguous that it is for terrorism offences and nothing else. We know what US "justice" looks like and whilst they see themselves as the land of the free, we know better. If my MP does not sign up to this I will vote for someone who will as should we all. UK COMMENT
This is ridiculous. Firstly his site did not host any illegal content, only links. And secondly everything that happened was in the uk. Another blatant abuse of power by the American movie industry. If hes committed a crime ok fair enough, if the law says he has then he has but the us needs to stop sticking its nose into other country's affairs. Why do they think they are becoming so unpopular around the world. Isn't their country big enough for them anymore? I hope he gets a fair trial:) NEW ZEALAND COMMENT
This is ridiculous. I live in the USA and they should not have any power over any other countries citizen, hell they can not take care of their own problems, and this certainly is not a problem they should be throwing money at. Linking, and Streaming should be left alone. America Clean up your own back yard before you start extraditing some nice college kid for linking sites.
US COMMENT
Thursday, 15 December 2011
THE FACTS OF THE CASE
The facts of the case
Richard created a website called TVShack.net. The site held links only which its users could select, on selection they would be taken elsewhere on the internet where they could access films, tv shows,new and documentaries. No films etc were held/stored on his website nor could they be downloaded from his website. Richard did not make copies of films, sell films or charge people money to access his website which was available on the internet for anyone who wanted to do so.Two foreign advertising companies approached Richard asking if they could place ads on his site, he agreed and this generated income when the public visited the site, not when they selected the film/show links.
How Linking Works
How Linking Works
When the ICE seized Richards website placing their banner and now their promotional video on it, he was annoyed as he thought he was nothing to do with America or subject to their laws so he placed a Youtube video of a rap song "F**k the Police " on the site for about 1 hour only before taking it down, across the video were the words F**K the Police.(Censored on his site) Apparently this did not amuse the humourless Americans so they decided to come after him. In the mean time Richard quickly resurrected TVShack with a new domain name TVShack.cc.
On November the 29th a "CyberMonday" in an ICE "Operation in Our Sites" UK Police came to question Richard, they had two Americans with them who were not present during questioning. The Police took away his computer and laptop, these are still in their possession. Richard told them all about his website then the same day closed it down.At no time during questioning by the UK Police was extradition mentioned, Richard assumed when released on bail without charge that they may or may not charge him at a later date.
PLEASE TAKE A MINUTE TO SIGN PETITION HERE
Stop Extradition Fair UK Trial for Richard O'Dwyer
Please sign and pass on this petition to anyone you think may wish to sign it. Richard is not trying to evade justice in fact he would welcome charges being brought against him in the UK where he was at all times. In a UK court of law Richard would be able to defend himself and may be found guilty or not guilty and would if found guilty pay the penalty.
Please help me to get these numbers up by spreading the word.
Thank you
Julia
Please help me to get these numbers up by spreading the word.
Thank you
Julia
Tuesday, 13 December 2011
#Extradition Art by @mak_art
Thanks to @mak_art for taking so much time to create this piece of art in support of Richard, Gary and Babar
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| Click on Image to enlarge |
14th December 2011- Happy Birthday Janis
Whilst Gary Mckinnon has been fighting for a UK trial and against extradition to the US since he was first questioned by the UK Police early in 2002 although extradition was not actively pursued until 2005 and conveniently after the current 2003 Extradition Treaty was enacted. Gary's mum Janis has fought tirelessly for him for all these years and it has been one long tortuous battle. So while this Christmas will be Gary's 10th Christmas living under the threat of extradition and all that would entail, today will be Janis's 10th birthday fighting the fight, never giving up "Fighting like a Tiger " to save Gary from being shipped off thousands of miles away from his family and left to rot in a US jail only for as long as Gary could bear it before committing suicide. Janis's fight was recently acknowledged by Liberty who awarded her with a Human Rights award - very well deserved.
Janis should not have to endure another birthday or another Christmas suffering this mental torture that no decent human being would allow an animal to suffer, so lets hope and wish that this is the very last birthday Janis has to spend fighting for her son's life.
There have been lots of small wins recently on the political front with extradition.Gary's fate is in the hands of Theresa May the Home Secretary who is still considering the medical evidence which supports the opinion that Gary should not be extradited to the US as suicide would be almost certain.
Keep strong Janis, keep up the fight and keep your chin up! A HAPPY BIRTHDAY to you, may your next one be a "Proper" Happy Birthday, the one that can celebrate you and Gary having that terrible threat removed and being able to rebuild your lives and repair the damage done to Gary, you and your family.
Best Wishes on your Birthday Janis from Julia and Richard XX
Janis should not have to endure another birthday or another Christmas suffering this mental torture that no decent human being would allow an animal to suffer, so lets hope and wish that this is the very last birthday Janis has to spend fighting for her son's life.
There have been lots of small wins recently on the political front with extradition.Gary's fate is in the hands of Theresa May the Home Secretary who is still considering the medical evidence which supports the opinion that Gary should not be extradited to the US as suicide would be almost certain.
Keep strong Janis, keep up the fight and keep your chin up! A HAPPY BIRTHDAY to you, may your next one be a "Proper" Happy Birthday, the one that can celebrate you and Gary having that terrible threat removed and being able to rebuild your lives and repair the damage done to Gary, you and your family.
Best Wishes on your Birthday Janis from Julia and Richard XX
Friday, 9 December 2011
ALL THE INFO & RECENT PRESS ON UK TO US EXTRADITION
David Burrowes MP Speaking for Gary at the Debate
Monday, 5 December 2011
MOTION CARRIED! SUCCESSFUL DEBATE ON REFORM OF EXTRADITION LAWS
Newsflash *********
More news to follow I expect watch the space and twitter
Janis on BBC 6th Dec
The Debate in Full -Hansard
The Extradition reform debate resulted in the motion being carried! Woo
Janis on BBC 6th Dec
The Debate in Full -Hansard
5th December 2011 TODAY FULL PARLIAMENTARY DEBATE
Janis Sharp on London Tonight on the run up to the debate.
Since the success of the debate on 25th November which has resulted in successfully achieving todays debate, extradition has been very much in the news. Supporters of Gary Mckinnon and Babar Ahmad who have very long established active campaigns have been very much in the media spotlight and both have been highlighting Richard's case along with that of Chris Tappin. Many thanks to Janis Sharp and Babar's family. You know what WE ARE ALL IN THIS TOGETHER.
Here is some of the reporting from this week beginning with hot off the press a small win for Julian Assange who whilst fighting extradition to Sweden under an EAW could also find himself fighting extradition to the US.
Brilliant Speaking as usual today from Janis Sharp on Russia Today along with Keith Vaz
This is exactly why Janis truly deserved the Human Rights Award from Liberty Human Rights Organisation
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