NCJ Number
169411
Journal
Harvard Journal on Legislation Volume: 34 Issue: 2 Dated: special issue (Summer 1997) Pages: 317-371
Date Published
1997
Length
55 pages
Annotation
This article examines the inability of extradition law to respond quickly to changes in criminal law, a particular problem with respect to computer crime legislation.
Abstract
The authors explore the nexus between extradition law and criminal law and evaluate the role of extradition law in properly accounting for computer crime. The authors also identify characteristics that make certain types of computer crime legislation especially incompatible with extradition. Characteristics of U.S. extradition treaties are examined with regard to reciprocity, double criminality, extraditable offenses, the political offense exception, the specialty doctrine that stipulates a fugitive can be tried in the requesting state only for the crime for which he or she surrendered, and procedural requirements. The extradition of international computer criminals is discussed in terms of specific computer crimes, including child and adult pornography, pedophilia, dangerous speech, computer hacking, threats to national security, computer stalking, and electronic theft. The authors propose multiple solutions to combat computer crime, including a multilateral convention to facilitate the extradition of computer criminals. They note access to the Internet creates a greater need for international cooperation to prevent computer crime. An appendix compares maximum penalties for computer crimes in Australia, Canada, Finland, Germany, Japan, Sweden, the Netherlands, the United Kingdom, and the United States. 279 footnotes