4 ms·
How does extradition apply as there is no person to be extradited? The feds would also not be able to legally search because of this little thing called the fo
by codeonfire 10y ago
How does extradition apply as there is no person to be extradited? The feds would also not be able to legally search because of this little thing called the fourth amendment and the fact that there is no court sanctioning the search.
- Crito 10y agoCould it possibly work the same way asset forfeiture works? Sue the property, not the owner. Extradite the server, not the owner?
- deleted 10y ago[deleted]
- sverige 10y agoThere would be a court in that jurisdiction that would issue the warrant to be enforced by their police arm (U.S. Marshals or their proxies in the case of federal courts). This has been accepted in certain cases for a long time; e.g., under maritime law, the Marshals can arrest a foreign flagged ship at a U.S. port.
- codeonfire 10y agoMaybe, IANAL but the article seems presumptuous since neither the executive branch nor legislature have or control courts. Warrants are not needed to search a car either, but a data center is not a car.
- chris_wot 10y agoThe executive don't dictate how the law is interpreted and they don't enforce it, but they do make it. Treaties are one form of law, and whilst for some reason the OP is focussing on extradition treaties (which will only mean a person is moved from one country to another to be judged for a crime) there are other binding treaties that could be used. Still not a good idea though.
- jschwartzi 10y agoThe executive enforces the law, the legislative creates it, and the judicial interprets it.
- chris_wot 10y agoOh drat. Complete brain fart, you are completely right - that's embarrassing!
- dragonwriter 10y agoCourts apply the law, the political branches, through legislation and treaties, among other means, make the law that courts apply.