I’m a cybersecurity professional familiar with the extradition of foreign cyber criminals to the US. But what if the situation were flipped? Given the following scenario what would likely happen?
- US citizen on US soil
- Perpetrates cyber crimes with effects in foreign countries which do not have extradition treaties with the US
- Commits no acts of “cybercrime or intellectual property crime against the interests of the United States or the citizens of the United States” (6 U.S. Code § 1531)
What is the likely legal recourse against such a person?
- Do nothing?
- Would the US view such an action as a prosecutable offense?
- Can the US (or does the US) domestically prosecute individuals for crimes against foreigners committed on US soil?
- Extradite, with or without a request from that country?