Comment Re:Extradition (Score 3, Interesting) 563
> I thought that the usual rule...
The rules for extradition are determined by bilateral treaty, and some treaties have a phrase to the effect of what you say. The US & Australia agreed to something a little different. The treaty says that the parties agree to deliver to each other anyone charged or convicted of commiting any of a bunch of crimes listed in the treaty. I suspect that exchanging warez counts under one or more of the extraditable offenses.
There was at least one amendment to the treaty. It says what happens when the alleged crime does not take place in the requesting country (the US, in this case.) It says
So even if warez'ing isn't an offense in Australia, and even if distributing illegal copies abroad isn't an offense while you're sitting in Australia, this amendment seems to permit the extradition. The accused party's lawyers will find objections to raise, but the extradition request isn't unreasonable.If the offence has been committed outside the territory of the requesting State,
extradition shall be granted if the laws in the requested State provide for the
punishment of an offence committed outside of its territory in similar circumstances.
If the laws in the requested State do not so provide, the executive authority of the
requested State may, in its discretion, grant extradition.