An Alleged “Teenage hacker awaits ruling on US extradition”

May 16, 2013

The Herald (heraldscotland.com) on May 16, 2013 released the following:

“A COMPUTER hacking teenager from Shetland will learn today if he is to be extradited to the United States given his core role in a series of damaging cyber attacks on the networks of the NHS, the FBI and major international corporations.

Jake Davis, 18, has admitted he and fellow members of LulzSec stole huge amounts of personal data belonging to hundreds of thousands of people and posted it online for anyone to download.

Southwark Crown Court in London heard yesterday that Davis, along with Ryan Ackroyd, Mustafa Al-Bassam and Ryan Cleary considered themselves “modern day pirates”, who carried out the attacks for entertainment.

All members of the group, which included a schoolboy and an ex-soldier, have pled guilty to carrying out various acts of cyber crime in 2011.

At a pre-sentencing hearing, prosecutor Sandip Patel said the men lacked the political drive of groups like Anonymous, from which they had developed, and seemed to have been doing it for kicks.

He said: “It’s clear from the evidence that they intended to achieve extensive national and international notoriety and publicity. They saw themselves as latter-day pirates.

“This is not about young immature men messing about. They are at the cutting edge of a contemporary and emerging species of criminal offender known as a cyber criminal.”

Smartly dressed Davis, 20, from Lerwick, who used the alias Topiary, smirked in the dock when details of his activities were outlined to the court. He was LulzSec’s main publicist and in charge of media relations.

Both he and Al-Bassam previously pled guilty to hacking and launching cyber attacks on organisations, including the CIA and the Serious Organised Crime Agency.

Davis’s barrister, Simon Mayo QC, told the court his client had completely turned his life around since being arrested.

Born in Canterbury, Kent, he moved to the Shetlands aged six with his mother to escape his alcoholic father, who later committed suicide. Socially isolated from his early teens, Davis suffered from depression and fell under the spell of a “misguided ideology”, Mr Mayo said.

But since his arrest, he had moved to London via Lincolnshire and found work with several artistic groups, also writing for the Observer about his time with Anonymous.

Carole Cadwalladr, a feature writer with the paper, provided a reference.

Michael Morris MBE, the co-director of art group Artangel, gave a character reference in court.

“In short, Davis has been given an opportunity he was previously denied, an opportunity to transform himself from a depressed 18-year-old in the Shetland Islands into a self-sufficient scriptwriter living in London,” Mr Mayo added, suggesting his client could be given a suspended sentence.

The court heard that the “DDoS” attacks they carried out with other unidentified hackers belonging to online groups such as Anonymous and Internet Feds flooded websites with traffic, making them crash and rendering them unavailable to users.

To do it, they used a remotely controlled network of “zombie” computers, known as a “botnet”, capable of being programmed to perform the attack.

The court heard the codes, written by Cleary, may have been using up to one million computers to carry out attacks via the internet without their owners knowing it.

The group only existed for a matter of months in 2011 before the main members were arrested between June and September, the court heard.

Attacks like those on Sony and Nintendo harvested massive amounts of private data. The Sony leak alone saw it lose details relating to 26.4 million customers, causing its Playstation network to shut down.

Davis was found to have 750,000 separate pieces of sensitive data on his computer after his arrest, and Cleary 10,000.

The hearing continues.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and the United Kingdom here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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What would happen if USA request the extradition of the creator of a web of links to Spain?

March 21, 2012

The Delta World on March 14, 2012 released the following:

“Although worldwide anti-piracy laws are not achieving significant progress in the fight against illegal downloading of Internet, United States you not desist, and even with the parked soup and pipe laws, maintains a tough line of action that began with the closure of Megaupload, continued with sending threatening letters to websites of the globe by the RIAA and persists with extradition requests.

The case of Kim Dotcom, creator of the aforementioned Megaupload, has yet to be resolved. It is now on bail, in New Zealand, waiting for the home in August of the process of extradition to United States. However, this week has taken an extradition for similar reasons: the Minister of Interior of the United Kingdom, Theresa May, has authorized the shipment to us of a young British man accused of having infringed copyright by creating a web page, TVShack, allowing access to films and television programs protected by copyright.

It is noteworthy that, unlike Megaupload, TVShack portal not housed content but simply confined to put links to other websites. If you take this case as a model, thousands of websites around the world could be accused of violating intellectual property laws Americans and their creators should deal with extradition requests.

Do it could then be something like in Spain?, it is possible that United States seek the extradition of those responsible for a page as Seriesyonkis and Spain access? As explained by Carlos Sánchez Almeida, lawyer expert in Internet, 20minutos.es, is “possible but unlikely”. The main reason that would be rare are produced in Spain that has occurred in the United Kingdom is that “the regulation of this type of crime is very different in some countries and in others” and influences much “the existence or non-existence of international conventions”. Almeida said that “the common law is very different from the law that applies in the continent” and, on the other hand, it is usual I United Kingdom firm agreements with United States, which makes it easier to give situations such as the extradition of the young creator of TVShack.

If United States requested the extradition of a Spanish for alleged violation of intellectual property, “would be a question of powers that would surely be resolved at the national hearing”. “I see very unlikely that a judge gives their skills to another country, and when we talk about a type of case that has already passed through the Spanish courts on many occasions and that always ended with the same result: link is not a crime”, explains the lawyer.

Almeida mentions cases in which Yes is has agreed to the extradition request, as it was the case with the porn director Pablo Lapiedra, he was sent to Colombia for child abuse offences, but explains that these matters, in addition to being more serious, are much more regulated. Orthrus issue would be, according to the lawyer, to request the extradition of persons connected with the collective Anonymous hacktivist, that the implications of this movement include many areas from the economy and culture policy.

Already nationally, and asked about the consequences of the implementation of the so-called law Sinde-Wert, Almeida considers that cases which will be reported to the Commission on intellectual property “will be very measured, very studied.” “They will be Virgin cases who have not gone previously by the courts, since in that case you could be accused of obstruction of Justice”.

“Jose Manuel Tourné, President of the coalition of creators of content, it has been said on many occasions: will not go for pages as Seriesyonkis, currently with an open judicial process or Cinetube, whose case has already been filed”, said the lawyer. In fact, does not believe that it is true that pages reported to the Commission include some who have already left airy several trials, thus doubting the reports a week ago of the first 25 web pages reported.

“I think they will go for pages which are prejudicial to publishers and television.” “I am not surprised receive the first complaint in two or three days”, concludes Almeida.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Spain here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.