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What Malwaretech has been charged with here would likely be illegal under UK law as well as US law (section 37 of the Computer Misuse Act [1] appears to be analogous to the charges being brought against him). And regardless, the UK-US extradition treaty is written in such a way that the US charges do not have to be illegal under UK law for an extradition to take place (although the converse is not true).

Now, it may well have been the case that when the inevitable court case to challenge the extradition in the UK took place, it might have gone all Gary McKinnon on them [2], due to public support after WannaCry etc. which I'd suggest is probably why the FBI chose to arrest him in the US rather than put in a formal extradition request or work directly with the UK authorities (AFAIK).

But yes, I do agree that with the advent of a worldwide communications network, travel to countries with oppressive, obscure, or stricter legal regimes has become more dangerous for some. The thing I find curious is that others haven't perceived this change in risk.

I wouldn't necessarily say this is a bad thing either - note there have been a number of (accused) botnet operators/cyber-criminals originating from Russia who were arrested whilst holidaying in the EU, and then extradited to the US. Since Russia has a reputation for being lax about prosecuting such "crimes" (especially if they only target people outside of Russia), and also tends to refuse to extradite Russian nationals, it doesn't seem that there are many other options.

1. http://www.legislation.gov.uk/ukpga/2006/48/section/37

2. https://en.wikipedia.org/wiki/Gary_McKinnon



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