[LINK] Megaupload: A Lot Less Guilty Than You Think
Kim Holburn
kim at holburn.net
Tue Jan 31 09:09:07 AEDT 2012
http://cyberlaw.stanford.edu/node/6795
.....
> Is it a federal crime to conspire to induce others to violate a U.S. civil law?
>
> The answer to that is an obvious "no". The conspiracy statute itself makes clear that the object of the conspiracy must be an offense or fraud against the United States, in other words, a federal crime. 18 U.S.C. 371.
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> Finally, this case is extremely interesting from a JURISDICTIONAL standpoint. One of the very first issue to be litigated will be extradition to the United States. Does the United States have jurisdiction over anyone who uses a hosting provider in the Eastern District of Virginia? What about over any company that uses PayPal? That's a very broad claim of power, and I expect it will be vigorously contested.
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Kim Holburn
IT Network & Security Consultant
T: +61 2 61402408 M: +61 404072753
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