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Irishman Fighting Extradition to U.S. for His Part in Silk Road

The U.S. Government and Microsoft are squaring off with each other now over an Irishman wanted by the FBI.

The Irishman, Gary Davis, from Wicklow (a.k.a Silk Road Admin Libertas) is currently fighting an extradition case to the United States in order to not face charged for is alleged involvement in Silk Road. Davis is said to have been another admin on the site at the time the FBI shut it down.

libertas

The U.S. DOJ served Microsoft with a warrant in relation to an unnamed drug investigation in late 2013, asking for data from a Microsoft outlook account.

“If they’re going to upset an ally, as they are doing here with Microsoft, and potentially with Ireland, it could only be something which has embarrassed them or upset them. Silk Road fits that,” Paul Ennis, who is a researcher at the University College Dublin’s cent for Innovation, Technology and organization told the Times.

Davis provided further support for Ennis’ claims by tweeting,

“Some whistling wind informs me that this centers around my email. Not playing by the rules again, FBI? Shocking.”

The case is currently being considered by the U.S. Court of Appeals for the Second Circuit, and the judgement is highly anticipated by tech. companies and privacy advocate groups alike. Amicus briefs from U.S. tech giants such as Apple, Verizon, ATT, Cisco, and Amazon, Irish Government, ACLU, the EFF and the U.S. Changer of Commerce have all backed Microsoft’s stance.

Tuesday, E. Joshua Rosenkranz, one of Microsoft’s lawyers cited an opinion issued Monday by the Supreme Court in another case that Microsoft believes backs up the argument that shows that U.S. laws cannot apply outside the U.S. unless Congress has provided for it. The ruling is expected next month, but is expected to be appealed by the Supreme Court for whoever loses this battle.

2 comments

  1. I’m not sure the US government want to drag it to the Supreme Court.
    It woulds open an entire set of big cans of worms.

    If US laws apply outside the US by default, other countries will take notice and will be forced to act accordingly like it or not, now or in the future. And, like Brexit, everyone starting a reaction of any type will push others to take their stance too.

    If the US laws do not apply by default outside the US without a Congress provision, then the US government will have a lot more trouble to extend any legal jurisdiction by default.

    Now they can argue something on a side of their mouth and do another with the hand on the other side.

  2. The previous poster was correct — those fools at the U.S. Department of Justice have literally NO idea of the can of worms that they’re threatening to open. The datacentre in question, where the emails were stored is on Irish soil, and therefore subject to Irish and/or EU legislation.

    If this idiocy is not overturned, then virtually NO ONE will entrust an American owned or controlled company with their data, regardless of where the server is located. After the passage of the USA Patriot Act, there was a wholesale exodus of foreign data from American-hosted servers. If the American DOJ succeeds in asserting jurisdiction over American owned or controlled servers, regardless of where they are located, no foreigner will ever trust American companies with their data ever again.

    The U.S. Department of Justice (DOJ) is essentially saying they don’t care about Irish sovreignty. If I recall correctly, the Irish government has sent submissions to the court basically insisting that their sovreignty be respected. This should be a given — it should never be in doubt. The Irish govenment should not have to send representatives, cap in hand, pleading with an American court to have their sovreignty respected.

    What must be further galling to the Irish government is that a legal mechanism already exists for the DOJ to get their hands on these emails — the United STates and Ireland have signed a Mutual Law Enforcement Assistance Treaty (MLAT) which outlines the procedures to be followed. The DOJ doesn’t want to follow those procedures — they’re too time-consuming, and besides which, the Irish could refuse to hand them over.

    Well, the Irish HAVE the right to refuse to hand over these emails, and they also have the right to refuse to hand over Gary Davis as well. I hope they exercise both of these rights, if for no other reason than to punish the Americans for their overweening arrogance.

    One wonders, if the Irish refuse to extradite Gary Davis, are the Americans going to send FBI agents over to Ireland to snatch him off the streets, and spirit him out of the country? They are alleged to have done this with suspects in former Soviet Republics, after the governments there have refused American extradition requests.

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