Re: Will Amnesty International be taking up the case of DavidCarruthers of BetOnSports?

[Drsolly <drsollyp () drsolly com>]

On Thu, 20 Jul 2006, Matthew Murphy wrote:

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> Brian Loe wrote:
> > Question I have here is: how did this guy break a US law from the UK?
> > I never understood it with the Panama bullshit and I don't understand
> > it in this instance...
>
> The United States uses a liberal theory of legal jurisdiction -- anytime 
> you do business with people inside the U.S., that business is subject to 
> federal law.  Foreign nationals whose business relationships with 
> Americans violate U.S. law are eligible for prosecution just as they 
> would be if their business were done within the physical boundaries of 
> the territory of the United States.
>
> California used this same theory of jurisdiction at the state level to 
> regulate all businesses with California customers under its now-infamous 
> breach notification law.
>
> The only reason they waited to arrest him until he arrived in the U.S. 
> was because extradition arrangements were not available due to the 
> "shared standard" rule of most extradition treaties.  That is, because 
> Mr. Carruthers actions were NOT illegal in his homeland, U.S. 
> extradition treaties could not be applied.
>
> IMO, the concern about flight lists being used to identify Carruthers is 
> misplaced.  Carruthers would have been obligated to file customs 
> declarations upon arrival in the United States that would have exposed 
> him to identification.

No - if you're transiting via a country, you get into the transit lounge, 
and you don't have to do paperwork. The transit lounge is a kind of 
limbo for customs.

> An outstanding arrest warrant signed by a 
> federal judge would have been identified at that stage, regardless. 
> That, of course, assumes there wasn't any immigration paperwork filed 
> prior to his arrival -- probably a lofty assumption.

A good assumption - he wasn't immigrating to the USA. He was on his way 
someplace else.

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