Court of Appeal High Court
| Date | 01 August 2018 |
| Published date | 01 August 2018 |
| DOI | 10.1177/0022018318791670 |
| Subject Matter | Case Notes |
Case Note
Court of Appeal High Court
Extradition, forum bar and concurrent
jurisdiction: Is the case of Love a precedent
for trying hackers in the UK?
Lauri Love v (1) The Government of the United
States of America (2) Liberty [2018] EWHC
172
This was an application on behalf of the Government of the USA to extradite Lauri Love, a UK citizen,
accused in three separate US indictments of unlawfully accessing computers used by a number of US
Federal Agencies and private companies and misusing the data. The alleged offences date from October
2012 to October 2013. US prosecutors asserted in United States of America v Love in the US District
Court of New Jersey [18 U.S.C. §§ 371, 1030 & 2] that between those dates Love:
...was a sophisticated and prolific computer hacker who specialised in gaining access to the computer
networks of large organisations, including government agencies, collecting confidential data including per-
sonally identifiable information (PII) from within the compromised networks, and exfiltrating the data out of
the compromised networks. (at [1])
The alleged hacking resulted in the payment of millions of dollars in damages to the US government
victims and substantially impaired the functioning of dozens of computer servers. The US offences were
equivalent to offences under the Computer Misuse Act 1990, The Proceeds of Crime Act 2002 and the
common law offence of conspiracy to defraud.
During the initial magistrates’ court hearing, witnesses gave evidence of Love’s mental and physical
condition. It was accepted by the court that Mr Love suffered from Asperger Syndrome although he was
high functioning and able to participate fully in proceedings. Evidence was also given of Mr Love’s
battle with severe eczema and asthma, both of which were exacerbated by stress and caused him daily
discomfort. Evidence was also given of his depression, and two medical practitioners were of the opinion
that he was highly likely to commit suicide if he were to be extradited to the US. The court accepted that
Mr Love’s mental health was dependent on the care of his parents with whom he lived and who provided
substantial support.
Lauri Love appealed to the High Court a gainst the decision of district judg e Tempia, sitting at
Westminster Magistrates’ Court on 16 September 2016, to send his case to the Secretary of State for
the Home Department for her decision on whether to order his extradition to the USA. The district judge
found extradition to be compatible with Love’s rights under the European Convention on Human Rights
(ECHR) and did not find that the forum bar applied or that extradition would be oppressive.
The Journal of Criminal Law
2018, Vol. 82(4) 296–300
ªThe Author(s) 2018
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DOI: 10.1177/0022018318791670
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