Student who ran file sharing site TVShack could face extradition to US (Guardian)

Wed Dec 14 19:21:16 CET 2011

http://www.guardian.co.uk/law/2011/jun/17/student-file-sharing-tvshack-extradition

*Student who ran file sharing site TVShack could face extradition to US*Richard
O'Dwyer may face jail for copyright infringement in case echoing that of
Gary McKinnon

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Peter Walker <http://www.guardian.co.uk/profile/peterwalker>
guardian.co.uk <http://www.guardian.co.uk>, Friday 17 June 2011 14.49 EDT
 Article history<http://www.guardian.co.uk/law/2011/jun/17/student-file-sharing-tvshack-extradition#history-link-box>

[image: Richard O'Dwyer]
Richard O'Dwyer's website TVShack gave links to other sites that offered
pirated downloads. He faces extradition to the US.
Photograph: Central News

The mother of a British student who is facing
extradition<http://www.guardian.co.uk/law/extradition>to the United
States <http://www.guardian.co.uk/world/usa> over alleged copyright
offences online has spoken of her anguish that he could face a possible
jail sentence.

In a case carrying echoes of that of Gary
McKinnon<http://www.guardian.co.uk/world/gary-mckinnon>,
the computer hacker who has spent years fighting US extradition,
23-year-old undergraduate Richard O'Dwyer was arrested late last month at
the request of the US immigration and customs enforcement department.

Until last year, when police and US officials first visited him at his
student accommodation in Sheffield, O'Dwyer ran a website called TVShack
which provided links to other sites where users could download pirated
versions of films and television shows. He appeared before magistrates in
the capital this week for a preliminary hearing into the planned
extradition, which he is fighting.

The case seemed "beyond belief", said O'Dwyer's mother, Julia, from
Chesterfield. "The first he knew about it was this visit from the police
and the American officials in November," she said. "He shut the website
down the very next day and I don't think he expected it to go this far. But
then in May he even had to spend a night in Wandsworth prison as the court
was too slow for us to sort out his passport and bail.

"Richard's still studying in Sheffield. He's doing his best not to think
about it. But it's a real strain for the family. I wake up every morning
and think about it. What we can do? I'm no expert but I've read the
extradition treaty from cover to cover."

It is the UK's 2003 extradition agreement with the US, campaigners say,
which is at the centre of the problem. Much criticised in the case of
McKinnon, it currently contains no provision for what is known legally as
forum, which would allow a UK judge to consider whether a case is best
heard in the UK or abroad.

O'Dwyer's mother says she is baffled why a case with no direct links to the
US – her son last went there aged five – should be heard in the US. Her
lawyers agree.

"The (computer) server was not based in the US at all," O'Dwyer's
barrister, Ben Cooper, who has also been heavily involved in the McKinnon
case, told Tuesday's hearing at Westminster magistrates court. "Mr O'Dwyer
did not have copyrighted material on his website; he simply provided a
link. The essential contention is that the correct forum for this trial is
in fact here in Britain, where he was at all times."

Some experts on digital law question whether providing links to illegal
downloads rather than directly hosting them would even constitute an
offence in the UK. In February last year charges involving fraud and
copyright against a similar site, TV-Links, were dismissed after a judge
ruled that linking alone was not illegal.

"If it's an offence under UK law, then it has to be prosecuted and tested
under UK law," said James Firth of the Open Digital Policy Organisation
thinktank. "If there is no offence under UK law, then there is no 'victim'
to copyright infringement and no case for extradition."

Civil liberties groups have also questioned why the government has not
swiftly amended the extradition law by enacting a pre-existing but dormant
forum clause, given that both coalition parties were heavily critical of it
while in opposition. In September last year the home secretary, Theresa
May, instead ordered a wider, year-long review of all extradition laws.

"The government hasn't acted in time. This is exactly what we warned
against," said Isabella Sankey, director of policy for Liberty. "Enacting
the forum amendment would have been quite simple. It's not that we're
arguing that in every case where activity has taken place here we shouldn't
allow people to be extradited. But we should at least be leaving our judges
some discretion to look at the circumstances."

*Law <http://www.guardian.co.uk/law>*

   - Extradition <http://www.guardian.co.uk/law/extradition> ·
   - UK criminal justice <http://www.guardian.co.uk/law/criminal-justice> ·
   - UK civil liberties <http://www.guardian.co.uk/law/uk-civil-liberties>

*Technology <http://www.guardian.co.uk/technology>*

   - Filesharing <http://www.guardian.co.uk/technology/file-sharing> ·
   - Internet <http://www.guardian.co.uk/technology/internet>

*Related

*16 Jun 2008
 US abusing extradition says hacker's
lawyer<http://www.guardian.co.uk/uk/2008/jun/16/law.usa?INTCMP=ILCNETTXT3487>

1 Aug 2009
 Gary McKinnon case: Hardline
un-populism<http://www.guardian.co.uk/commentisfree/2009/aug/01/gary-mckinnon-extradition-hacking?INTCMP=ILCNETTXT3487>

23 Feb 2009
 Terror law watchdog Lord Carlile joins clamour for accused hacker to be
tried in UK instead of
US<http://www.guardian.co.uk/technology/2009/feb/23/hacking-extradition?INTCMP=ILCNETTXT3487>

16 Mar 2011
 Refuse this extradition<http://www.guardian.co.uk/commentisfree/libertycentral/2011/mar/16/refuse-gary-mckinnon-extradition?INTCMP=ILCNETTXT3487>

 [image: Gary McKinnon]
<http://www.guardian.co.uk/uk/2009/feb/26/hacker-mckinnon-faces-us-trial>
 UK hacker faces US trial for breaking into defence department
system<http://www.guardian.co.uk/uk/2009/feb/26/hacker-mckinnon-faces-us-trial?INTCMP=ILCNETTXT3487>
26 Feb 2009
Crown Prosecution Service refuses to act against Gary McKinnon, leaving way
open for extradition

20 May 2010
 Extradition of computer hacker Gary McKinnon put on
hold<http://www.guardian.co.uk/world/2010/may/20/computer-hacker-gary-mckinnon-extradition-on-hold?INTCMP=ILCNETTXT3487>

30 Jul 2008
 Pentagon hacker turns to Europe's last-chance
saloon<http://www.guardian.co.uk/technology/blog/2008/jul/30/pentagonhackerturnstoeurop?INTCMP=ILCNETTXT3487>

16 Jul 2009
 Extradition without
justice<http://www.guardian.co.uk/commentisfree/2009/jul/16/extradition-gary-mackinnon-justice?INTCMP=ILCNETTXT3487>

24 Jan 2009
 Hacker wins review over US
extradition<http://www.guardian.co.uk/technology/2009/jan/24/hacker-extradition-us?INTCMP=ILCNETTXT3487>

 [image: Gary McKinnon]
<http://www.guardian.co.uk/commentisfree/2011/oct/31/gary-mckinnon-extradition-america>
 Gary McKinnon's extradition case must not be allowed to stumble
on<http://www.guardian.co.uk/commentisfree/2011/oct/31/gary-mckinnon-extradition-america?INTCMP=ILCNETTXT3487>
31 Oct 2011
Duncan Campbell: America may feel bolstered in the wake of the Baker
review, but Gary McKinnon deserves to be tried in the correct jurisdiction

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