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My mention was that civilian prosecution is absolutely possible. Legal from both sides will work together on this. Given a guilty plea, both jurisdictions may a
by LanceH 2y ago
My mention was that civilian prosecution is absolutely possible. Legal from both sides will work together on this. Given a guilty plea, both jurisdictions may agree for that to occur in one location or another. You'll see this a lot with DUI cases where it will be handled under UCMJ because it can be wrapped up in a week (with a plea).
> leaking sensitive customer call records stolen earlier this year from AT&T and Verizon
It says he was arrested for "two criminal counts of unlawful transfer of confidential phone records". This would seem to refer to "selling and leaking sensitive customer call records stolen earlier this year from AT&T and Verizon". No mention of arrest for the NSA hacking claims.
Not much info in the article about lots of things which could impact this.
First, it's in South Korea -- on base or off?
Personal computer or government furnished equipment?
What are the treaties in place for South Korea with regard to this?
What is the location of the victims' data for this?
Big things which could make this a UCMJ case would be (in my completely non-professional guess): He did it from somewhere on base. The victims were other military personnel. He used government equipment to do this. The US wants to assert jurisdiction according to a treaty.
All of this said, with the NSA issue hanging over it, there may be efforts to use the more easily proved crime to negotiate everything they can learn about the NSA claims.
tl;dnr - they can choose the jurisdiction. One side may assert priority and win (probably the feds).
The only thing I'm certain of is that every enlisted member will be brought in for a safety brief.