Electronic Tagging: a Lucrative Business

In a dingy Indian jail cell forty-six years ago, Tom Stacey had an idea that would later develop into a billion-pound industry. The author and former Sunday Times foreign correspondent, jailed after crossing the government while working on a story, dreamt up an alternative to prison that he felt would be more humane: the electronic tag.

On his return to England he became a prison visitor and encouraged companies to create the device. He set up the non-profit Offender's Tag Association to lobby government and, after a short trial period and a flurry of controversy, electronic tagging was eventually introduced by New Labour in 1999.

In the first year 9000 tags were issued in England and Wales. This figure has steadily risen and to date more than 750,000 people have worn one. Between April 2010 – April 2011 alone 116,000 individuals were tagged, including over 6,000 young offenders, some as young as eleven. They are predominantly used to monitor prisoners released early on home detention curfews, but can also be issued as a community penalty.

The technology has attracted sustained criticism over the years, most notably from penal reform campaigners and probation officers who say it does not have any impact on reducing crime or reoffending rates. In September, however, justice secretary Ken Clarke revealed the coalition government was looking to further expand its use of tagging, inviting private companies to bid on over £1bn worth of contracts to provide the service.

For Stacey, who now spends his days working as a publisher based in west London, this was without doubt a positive move.

“It is clearly better than prison,” he says. “Prison is a pretty random and stupid way to handle people. It destroys the ability to get a job. It eliminates a person’s skills if they ever had any and it breaks up families if there ever was one.

“Prison is not just about depriving somebody of their liberty, it’s actually exposing them to all kinds of sustained abuse and fear … The tag is a much more humane alternative.”

Stacey, in fact, believes the government has not gone far enough. He wants to see it adopt high-tech, GPS satellite tracking tags – piloted by former home secretary David Blunkett in 2004 – which would monitor an offender’s every move.

“It’s highly unimaginative and timid of this government not to follow up on the initiative of David Blunkett on that pilot scheme,” he says.

The equipment used most commonly in England and Wales is less advanced, consisting of a tag, worn round the ankle or wrist, and a monitoring unit based usually in the home. Using a radio signal like a mobile phone, the tag acts as a transmitter that communicates with the monitoring unit, which in turn updates authorities, ensuring the offender does not breach their curfew by leaving home during a set period, though not monitoring their exact movements.

Part of the reason tags have proved popular with government is financial. It costs £1,063 to tag an adult for 90-days, which is over £5,000 less than the average cost of imprisoning a person for the same length of time. But despite the saving, according to critics including Frances Crook, chief executive of the Howard League for Penal Reform, tags are not value for money because there is little evidence that they reduce crime.

“Putting people on a tag does nothing to address the causes of crime and has no long-term impact on offending,” she says. “In a recent investigation into the use of tag on young people, many of the people we spoke to explained the dehumanising effects of being placed on tag. One young person described it ‘like being on a dog chain’. Others felt that it actually exacerbated the chances that they would be breached and returned to prison due to the amount of frustration it caused.”

Campaign groups have also expressed concern that under new government plans, the length of a curfew could be raised from its current twelve-hour-a-day maximum to 16 hours, and the order doubled in duration, from six months to twelve.

“Being confined can affect rehabilitation into the community, depending on the number of hours per day,” says Sally Ireland, a policy director for human rights organisation Justice.

“At 16 hours it really starts affecting employment, education and other opportunities to undertake meaningful activity. There should be a rational connection between the offending and the curfew, and it should be proportionate. It shouldn’t just be used as a form of house arrest or a way of putting somebody in custody harshly.”

Advocates of the tag argue that it can provide order and stability to sometimes chaotic lives, allowing an offender to reintegrate into society after committing a crime. However one former Birmingham University student, convicted of an offence midway through a computer science degree, told The Big Issue in the North being tagged for a four month period after an early release from prison had a negative effect on his education.

“I couldn’t go in to the [university] labs to use specialist software because of tag,” said the 29-year-old, who asked to remain anonymous. “It impacted my coursework without doubt. It wasn’t ideal and I did get special understanding from the university. They accepted that I couldn’t work for four and a half months because of the tag, but it did restrict me.”

In recent months tags have attracted negative publicity after being imposed for minor offences. In March a 66-year-old great grandmother from Sale was tagged after selling a goldfish to a 14-year-old boy (an animal welfare law passed in 2006 made it illegal to sell goldfish to under 16s). And it was reported in July that a 71-year-old woman from Hattersley was tagged for three months after refusing to have her sick dog put down.

Stacey concedes that “there will always be bizarre instances” and “eccentric judges” who impose an electronic tag in questionable circumstances. But he remains firm in his conviction that the technology will always be a better alternative to prison.

“Tagging is not a massive shock to the system,” he says. “Banging somebody up in prison is completely alarming and heaven knows what sort of consequences it could have.

“Magistrates don’t like sending people to jail … But if they’re not allowed to put them on the tag they won’t have a choice. Just ask a person: would you rather be on the tag or in prison? There’s only one answer you’ll get to that.”

This article first appeared in issue #897 of The Big Issue in the North magazine.

Climate of Fear in the NHS

“The last chance to save the NHS” is how it has been billed. This Sunday thousands from across the country are expected to descend on London to launch a headline-grabbing demonstration against the coalition government’s proposed healthcare reforms.

Led by the anti-austerity group UK Uncut, the protesters plan to temporarily close down the iconic Westminster Bridge just days before a crucial parliamentary debate on the controversial Health and Social Care Bill. If the Bill is passed into law, campaigners say, it will open the NHS up to corporate interests, damage the standard of service and lead to the destruction of an equal and universal healthcare system.

But in the build up to the demonstration, an investigation by The Big Issue in the North has discovered frontline NHS staff across England are already enduring cutbacks that could be putting patient care at risk, with some surgeries being delayed due to tight budgets.

Speaking on the condition of anonymity, Dr Stephen Smith (not his real name), said at one hospital in the south west of England staffing was at a “dangerous level” after the ratio of nurses to patients in each ward had been reduced.

“There is a climate of fear and a feeling that everyone’s budgets are under heavy attack,” he said. “Working in A&E for example there are signs up saying ‘how can we save money’, with people asked to give suggestions. But the amount that’s having to be saved each month is just crazy, and consequently rotas are being designed with less doctors in them because it’s cheaper. Which clearly puts patients at risk.”

Smith added that he believed the Health and Social Care Bill would send things in a “very bad direction”.

“There isn’t anybody I know in the medical profession that thinks it’s a good idea. Everyone has said that this is going to destroy the NHS and is just an attempt at backdoor privatisation. The only people who are pro it are the GPs who are going to make money out of it,” he said.

Jacqui Moore (not her real name), a specialist practitioner who is also a union representative at a hospital in the north west of the country, described increased levels of stress due to a string of job cuts.

“I see alot of staff going off with stress at the moment. The minute you start cutting staff everybody else is just expected to work harder and a lot of staff react to that. They just can’t cope with it. Just about every person I deal with seems to have either been off with stress or has just come back after a period of stress-related illness. Everybody is feeling the pressure.

“I think it’s just symptomatic of what’s going on in the health service as a whole. The whole agenda is very cost driven, and every decision that seems to be made is a financial one, rather than one that’s got patient care at the end of it.”

Shortly after coming to power in May 2010, the coalition government gave an assurance that its cuts agenda would not impact upon frontline services. And in April this year the government launched a “listening exercise” to address concerns about the scale of its NHS reforms.

Launching the initiative, prime minister David Cameron said the government wanted to “safeguard the NHS for future generations”, but added that it was only through “modernisation that we can protect the NHS and ensure the country has a truly world-class health service.”

Months after the listening exercise, however, the British Medical Association (BMA), which represents around 141,000 doctors and medical students in the UK, called for the Health and Social Care Bill to be “withdrawn or at the very least significantly amended.”

“The clear view of BMA Council is that the Health and Social Care Bill remains deeply flawed,” said Dr Hamish Meldrum, the council’s chairman. “The BMA will continue to publicly and vigorously highlight the concerns of doctors and patients, particularly to peers who have a real opportunity to protect the NHS by addressing the damage that could be done by many aspects of these reforms.”

One long-serving nurse at a hospital in south London, Mike Davey, told The Big Issue in the North the fear is that the standard of service – and ultimately patient care – will be severely compromised by the changes.

“There’s a nervous anticipation and a lot of staff are very concerned. It’s having a negative impact on morale,” he said. “This particular government is putting thumb screws on to the managers, the executives and the trust boards so they have to pretty much market test everything – which means services being privatised out.

“We’re told a private company can do things cheaper and better than our own in-house services. But previous experience, since the Thatcher government in the 80s brought in mass privatisation, has led us to see that this is not actually the case.”

At a hospital on the outskirts of Manchester, some surgeries may have already been rationed due to budget shortages.

According to Oldham and Saddleworth MP Debbie Abbrahams, a 33-year-old man in her constituency had an operation to fix his cataracts delayed because his sight was classed as "impaired" as opposed to "blind". The man, an engineer by trade, cannot work due to his condition and will have to wait until his vision worsens before he can undergo immediate surgery.

"Delays to simple and relatively inexpensive operations, like those for cataracts, can severely affect a person's life,” Abbrahams said. “I am very concerned about this situation as I have had several constituents come to me asking for help because they cannot get their cataracts treated in a reasonable time. Along with Michael Meacher and other Greater Manchester MPs I am asking Oldham's Primary Care Trust for clear answers about why this and other basic operations are being hit so hard by this government's ideologically driven cuts."

On 11 October the Health and Social Care Bill will be debated at length in the House of Lords. The Lords can propose amendments to the Bill, with some Liberal Democrat peers, led by Baroness Shirley Williams, expected to rebel against it. Writing in the Observer last month, Williams said that she had “huge concerns”, adding: “The battle is far from over.”

For Ben Jackson, a spokesman for UK Uncut, this Sunday’s protest will be crucial.

“It all depends on what they [the Lords] hear from the public,” he said. “So we need to take drastic action to make it clear that this isn’t going to be something we’re just going to lie down and take. This is something we really care about. It’s an emergency for the NHS."

This article first appeared in issue #896 of The Big Issue in the North magazine.

Inside the World's Largest Arms Fair

There is a sense of nervous tension outside the ExCeL centre in London's east end. It is the first day of the Defence Systems and Equipment International (DSEI) exhibition – otherwise known as the world's largest arms fair – and a huge line of predominantly middle-aged men in suits are queuing to get inside. Some of them are arms dealers, others government representatives and intelligence agents. Scarcely a word is spoken as we shuffle slowly forwards. Police radios puncture the silence, beeping on and off as burly-looking security guards patrol intently.

Through a set of glass doors and beyond airport-like security scanners are two massive, 145,000 square-feet halls split by a long corridor, dominated on either side by shops and cafes. Delegates from some of the 65 countries in attendance sit enjoying breakfast next to a giant tank, its rooftop gun revolving in circles – much to the approval of passers-by, who point and take photographs.

The two main exhibition halls have previously hosted concerts by Roxy Music, Alice Cooper and UB40. But today they are crammed with around 1300 exhibits, selling guns, bombs and the latest in security technology. A handful of stalls are devoted to life-saving equipment. Most of the space, however, is reserved for displays featuring 100lb hellfire missiles, AK47 rifles, stealth tanks and even gold-plated handguns.

The quiet dissipates and is replaced by the sound of chatter. Business cards change hands, and multi-million pound contracts are being negotiated. At a large stand run by the defence arm of SAAB, a Swedish company more renowned for its cars, Håkan Kappelin is showing off a laser-guided missile system to delegates from India. It has a range of 8km and can travel at speeds of up to 680 metres per second.

"It could be deployed inside a city like London. And you can engage any type of target," he says. "Not like when you use an infra-red system, where you have problems with houses in the background. Just reload in five seconds and engage the next target."

The delegates nod approvingly. "680 metres per second," one repeats to another.

Upstairs, in a briefing room, Defence Secretary Liam Fox delivers a speech. Anti-arms campaigners have levelled criticism against the government for doing deals with Bahrain and Saudi Arabia in the aftermath of crackdowns on protesters across the Arab world. Fox is dismissive. "I am proud that the UK is the second biggest defence exporter in the world," he says. "This is fundamental part of the coalition government's agenda for economic growth, but it is also part of our strategy of enlightened international engagement."

Back on the exhibition floor, the atmosphere is carefree. A tall Arab man dressed in a pristine white Thawb, and protected by a circle of six bodyguards, is treated like a celebrity at a stand offering intelligence and surveillance systems, made by German company Cassidian. Gold buckles on his brown leather sandals sparkle in the light; people walking by stop and stare. "I think he's a Saudi prince," one says.

Nearby, two glamour models, Rosie Jones and Charlotte McKenna, joke and flirt as they sign copies of a "Hotshots" calendar in which they are pictured, scantily clad, wielding various pistols and rifles. Next to stalls selling vicious-looking machine guns, gas masks and chemical suits for use in the event of a biological weapons attack, free massages are on offer and delegates eat canapés washed down with glasses of sparkling wine.

The prevailing opinion among the delegates and exhibitors is that they are in the business to bring security to the world – they deny claims made by campaign groups that they are peddlers of death. A representative from Pakistan's exhibit, Major Ali Asghar Mushtaq, says his country is here selling weapons to help bring about a more peaceful world.

"The aim of Pakistan's army is that everything manufactured and sold should not be for killing and terror activities," he says. "It should bring peace on the whole world, not wars." Does he really believe manufacturing arms en masse will help bring about peace? "It's obvious," he says. "Once one country and the other country both have weapons, no one is going to use the weapons against each other. So there will be more stability."

Later, Major Mushtaq and his colleagues are removed from the exhibition after it is discovered they are advertising cluster bombs banned under UK law. But his viewpoint lingers. The South African exhibit on the other side of the hall boasts that it is "securing a peaceful future through high technology defence equipment," and Condor, a Brazilian company that supplied teargas and rubber bullets used against protesters in Bahrain, says it is committed to the "reduction of violence through gradual use of force."

These apparent paradoxes litter the hall. The lavish consumption of food and drink sits awkwardly with the sale of gleaming weapons that are ultimately used to kill and maim. And the talk of security attained through the mass production of arms is reminiscent of George Orwell's dystopian nightmare in Nineteen Eighty-Four, where peace is itself a state of perpetual war.

Walking around the exhibition, it is difficult not to recall US president Dwight Eisenhower's famous 1961 farewell address, during which he warned against the perils of an "immense military establishment and a large arms industry." Although there is an imperative need for the industry to develop, Eisenhower said, it has "grave implications" for the "very structure of our society." Government officials today are keen to point out that last year defence exports generated revenues of more than £22 billion for UK industry. A question Eisenhower might have urged us to ask is: at what cost?

Leaving the ExCeL centre, police officers advise anyone wearing a DSEI pass to conceal it from view. "There are protesters about and they might not like where you've been," one warns. We take a specially ordered train from the stop outside ExCeL to nearby Canning Town, where the arms traders, weapons makers and other defence industry insiders join a crowd of rush hour commuters. Just another bunch of men in suits, they disappear into the night.

This article originally appeared at: http://www.newstatesman.com/the-staggers/2011/09/arms-weapons-world-defence

Business as Usual? Arms, Surveillance and Arab Dictatorships

A wave of revolution across the Middle East and north Africa this year has left tyrants and dictators clinging to the power they once took for granted. Citizens of countries including Tunisia, Egypt, Libya, Bahrain and Syria have taken to the streets and in some cases fought and died in an attempt to overthrow their rulers. But as Britain has offered its support to the newfound freedom fighters, some have made accusations of hypocrisy. After all, like many other western nations, the UK has been doing business with authoritarian regimes in the Arab world for decades.

Little is known about the true extent of the relationship the UK has maintained with dictators and autocrats across the region. However, as the old regimes crumble, details have begun to slowly emerge. Last week the organisation Human Rights Watch released documents it discovered in Libya, revealing that UK intelligence agency MI6 collaborated with Muammar Gaddafi's security services to transport terror suspects to Libya for interrogation, where they were allegedly subjected to torture. MI6 continues to deny involvement, though the secret documents paint an altogether different picture.

Amid the uprising in Egypt earlier this year, protesters made a similarly shocking find. After ransacking a government intelligence agency headquarters in Cairo, they unearthed hidden underground interrogation cells, evidence of torture, and a stockpile of documents that outlined a paranoid government programme of industrial-scale mass surveillance. Most controversially, among the many files was a letter from an English, Andover-based IT-security company, dated June 2010, offering to sell Egyptian authorities spy technology that would enable them to intercept dissidents’ emails, record audio and video chats, and take copies of computer hard drives.

The company, Gamma International, denies that it sold the technology, worth over £250,000, to the Egyptian authorities. “Gamma complies in all its dealings with all applicable UK laws and regulations,” it said in a statement. “Gamma did not supply to Egypt but in any event it would not be appropriate for Gamma to make public details of its transactions with any customer.”

Many similar products, manufactured in western countries, are believed to be widely available to Arab governments facing uprising. An extensive recent investigation conducted by the Bloomberg news agency, for instance, found that Trovicor, a German company with links to Siemens and Nokia, had supplied “monitoring centres” to at least twelve Middle Eastern and north African nations.

Such technology is used by governments around the world, including in the UK. However its use in most western countries is strictly regulated and can only be used when authorities have grounds to believe it could help prevent or detect a crime. Authoritarian regimes in the Middle East do not have the same regulatory framework, though this does not restrict western firms such as Gamma International and Trovicor from selling them their products.

Since the discovery of documents showing British and other European companies had either offered or sold intrusive spy technology to regimes across the Middle East and north Africa, a group of concerned European politicians has taken action. Six MEP’s including Baroness Sarah Ludford, Liberal Democrat MEP for London, made a joint request to the EU’s head of foreign policy calling for a decision on whether European companies contributed to human rights violations in countries including Tunisia, Bahrain, Egypt and Syria.

“I don’t know whether the EU has paid sufficient attention to this,” Ludford said. “It raises very important issues about whether export of surveillance equipment from the EU is being used in repression and human rights abuses. The law is a mess: it’s not being properly or rigorously applied and that needs to happen alongside responsible companies that check what the ultimate use [of the technology] is going to be.”

According to Dr Andrea Teti, a specialist in international security at Aberdeen University, it is not possible to stop surveillance systems from being used for repressive purposes unless firm new legislation is implemented, controlling the countries to which it is exported.

“Just because the physical harm comes once removed from this particular technology, it doesn’t mean we shouldn’t be concerned about it,” he said. “If there are safety implications for people in terms of their human rights or physical safety, then we should have some kind of controls. The problem that we have in the west is that in most cases those regulations are quite poor when it comes to export licensing. The onus is definitely on us to deal with that side of things – and we haven’t done so.”

Through the course of the Arab Spring the murky world of mass surveillance has undoubtedly been exposed by the fracture of once intensely secretive regimes. But important questions have also been raised about the UK’s role in arming state forces responsible for brutally repressing protests across the region.

In February the Foreign Office said it was conducting an “immediate and rapid review” of all UK arms export licences to affected countries. Between February and June, however, arms sales to Libya, Bahrain and Saudi Arabia totalled over £30m – 30 per cent more than for the same period in 2010. Weapons exported included sniper rifles, shotguns and submachine guns, according to an investigation by The Times.

The government has since blocked the export of arms to Libya and Syria as part of an EU embargo, and also revoked a number of military export licences to Bahrain. But Oliver Sprague, director of human rights group Amnesty International’s UK arms control programme, said it was a case of “closing the stable door after the horse had bolted,” and called for tighter regulations.

“Countries are entitled to purchase weaponry for legitimate defence and policing purposes, but was it ever remotely sensible for the UK to sell weapons and crowd-control equipment to countries like Gaddafi’s Libya?” he said. “The key question is: are our existing risk-assessment procedures tight enough when it comes to sending arms overseas? The lesson of countries like Bahrain and Libya is that they’re not and we could still end up sending weapons to human rights abusers in the future.”

The Foreign Office said that there was no evidence of any misuse of controlled military goods exported from the United Kingdom, though admitted “further work is needed on how we operate certain aspects of the controls.”

A spokesperson said: “We do not export equipment where there is a clear risk it could be used for internal repression ... Respect for human rights and fundamental freedoms are mandatory considerations for all export licence applications. HMG [Her Majesty’s Government] reacted quickly to the events in the Middle East: we reviewed licences and moved swiftly to revoke where they were no longer in the line with the criteria.”

This article first appeared in issue no.893 of the Big Issue in the North.

Work Elsewhere

Hello all. Been rather busy recently and have not had the time to update this website very frequently. However, the good news is I'm currently building a new section for 'reports' & 'clippings', as I predominantly only post features, interviews and other longer pieces here... so lots more content is in the pipeline. In the meantime, find below links to work I produced last month (more on the agenda in September):

Banks urged to end loans for cluster bomb makers, Big Issue in the North, August 29 2011.

University staff asked to inform on 'vulnerable' Muslim students, the Guardian, August 29 2011.

Facebook faces up to new privacy row, Big Issue in the North, August 22 2011.

Phone hacking survey & the role of investigative journalism, Frontline Club, August 19 2011.

New police riot powers would be 'unenforcable', Big Issue in the North, August 15 2011.

UK authorities should not be given a communication 'killswitch', openDemocracy, August 11 2011.

Campaigners gear up to oppose fracking in the UK, Big Issue in the North issue, August 8 2011.

Police forces come together to create new regional surveillance units, the Guardian, July 25 2011.

'We were raised by a generation of hypocrites'

Young Deacon is angry. The 17-year-old south London rapper watched his peers wreak havoc across the city last week in a frenzy of fire and destruction. In part of the borough where he lives, Wandsworth, a group of an estimated 1000 ransacked shops and clashed with police for several hours. Similar scenes took place in neighbouring Brixton and Peckham.

As the city was burning, at home in his bedroom Deacon wrote and recorded a song. Though he did not approve of the destruction on his streets, he felt he understood why it was happening. The rioters were filled with rage – and so was he.

Titled “Failed by the System”, the song – which can be heard here – touches on the Iraq war, unemployment, and criticises the media (“We’re branded alot / As rioters, looters / Murderers, yobs / Knifers, shooters / Depicted as the worst / On your news and computers”). It references budget cuts, crime rates and accuses the government of not having a grasp on why the riots happened (“You're focused on an issue / But you don’t know what the issue is / We were raised / By a generation of hypocrites”).

A debate has raged across Britain about whether the riots were just an expression of mere opportunistic criminality or a symptom of something much deeper – rooted in societal inequalities. For Deacon it is unquestionably the latter. His lyrics tap in to a sense, reflected in interviews with young people involved in the rioting, that something at the core of our society is broken or at least failing to function the way it should:

Don’t give up on the kids / They’re in need of support / Better role models / Not leaders at war / It takes a whole community / To raise a single child / So please think twice / Before you blame him 'cause he’s wild / If only he had that / Little bit of guidance / Maybe he wouldn’t be / Running from the sirens / Maybe he wouldn’t be / Adding to the violence / And maybe he wouldn’t be / Out in the riots

So what compelled Deacon to record the song? “The same reason why large amounts of young adults took to the streets that very same night, intent on causing havoc and destruction – the reason is anger,” he says.

“Like so many others my age, I feel as though I have been dealt an injustice within the society I live, or in other words, the sense of being ‘Failed by the System’. This idea is grounded not only in the rising of tuition fees [for university], but also within the spending cuts including youth club activities, and even through the stereotypical generalisation we – as a generation – receive from public authorities such as the Metropolitan Police.”

But it is not just politics or economics that is the root of Deacon’s grievance. The media, he believes, also has a significant role to play. He mentions a peaceful protest the black community staged at Scotland Yard two months ago that received no news coverage, referred to by another young man in Tottenham last week.

“As unfortunate as it is, the young generation have come to the realisation that in this day and age, those with power only respond to violence and destruction,” he says. “It [the media] is there to selectively filter the thoughts and opinions of a whole nation. This may seem like a whole different discussion, but nevertheless is part of an important issue that led up to the outbreak of riots, and therefore needs to be addressed.”

Quoting a friend, he adds: “We steal a pair of trainers, and the youth are in the media spotlight. A banker breaks the economy, and receives bonuses.”

On Wednesday, Deacon plans to release an album – “Poetic Justice” – for free download that he says will address the circumstances that led to the rioting. He invites people to listen to his music to “experience the system through the eyes of the failed.”

As for the future, he warns more trouble could be on the horizon, though remains somewhat hopeful that things could change for the better.

“I believe that the riots Britain faced this week are but a ‘small’ spillage of a boiling pot,” he says. “Save the youth, save the future."

This article originally appeared at: http://www.opendemocracy.net/ourkingdom/ryan-gallagher/raised-by-a-generation-of-hypocrites-youth-riots-london

America, Extradition and 'Policing the Internet'

Not often do US officials pay visits to students in Sheffield. But after building a website that allegedly shared links to pirated TV shows and movies, 23-year-old Richard O’Dwyer became a wanted man.

Accused of criminal copyright infringement, the Sheffield Hallam University undergraduate now finds himself at the centre of an extraordinary story. US authorities are attempting to extradite him so that he can be tried and imprisoned in America.

The threat of extradition came as a serious and unexpected shock to the O’Dwyer family. Richard’s mother, Julia, has since been forced to take sick-leave from work because of the stress it has caused her, and now spends her days trawling the internet to research the law.

“The effect of all this upon our family is immense,” she said earlier this month. “The thought of having my only son taken thousands of miles away to face an unknown legal system and without being able to monitor what is happening or to be able to advocate for him fills me with terror.”

Though Richard’s case is unusual, it is not isolated. Since 2004, 28 British nationals have been extradited to America, made possible by a treaty signed in 2003. Introduced to speed up the extradition of terrorist suspects, the treaty was negotiated by Tony Blair’s Labour government with the George W. Bush administration in the aftermath of 9/11. It allows the US to request extradition of UK citizens without evidence and on the basis of “reasonable suspicion” alone.

Using the powers of the treaty to go after people for breaching copyright and other crimes not associated with terrorism, the O’Dwyer family believe, is a clear abuse of its purpose. By allowing American authorities to seek extraditions on such grounds, they claim that the UK government is failing to protect its citizens and that the treaty is imbalanced in America’s favour.

"If Richard has committed any crime, it was committed on UK soil, and we have sufficient copyright legislation over here so that he can be prosecuted in the UK,” said a family spokesperson. “To extradite a young man in the middle of his university studies is wholly disproportionate.

“Since the Extradition Act came into force in 2004, the US has agreed to the extradition to the UK of only three people with a claim to US nationality. So presumably the US would understand if Britain were equally as protective of its own in preferring to try British defendants in the UK ... Just because an extradition request is made, doesn't mean that the British authorities have to agree to it.”

At the heart of the issue is the internet and how it has changed the nature of crime. In the seven years since the UK-US extradition treaty was brought in to force, the internet has hugely expanded – and with it hacking, piracy and other so-called “cyber-crimes”.

Another British citizen, Gary McKinnon, finds himself in a similar situation. A Scottish computer hacker who suffers from Asperger’s syndrome, McKinnon has been fighting extradition to the US since 2003. He admits hacking in to US government computer systems in order to try and find information about UFOs, but wishes to face trial in the UK. If sent to America, he could face a prison sentence of up to 70 years.

According to one of the UK’s leading experts on extradition law, Julian Knowles QC, the problem is that the extradition treaty does not contain a provision – known as “forum” – allowing courts to decide on balance whether each respective case is best heard in the UK or abroad. And because the internet has made it much easier for crime to be committed across borders at such a rapid pace – as well as change the nature of crime itself – the law has as yet failed to adapt.

“The law just doesn’t cater for this situation,” he said. “They [the Americans] will go after people who have committed crimes abroad with very little linkage to the US. And the English courts are powerless to say: ‘well, actually, the crime has been committed here in the UK.’ It’s the absence of that power that I think is the problem.

“What the McKinnon and O’Dwyer cases have indicated is that there can be real injustice in sending people back to the US to face very savage sentences – nothing like the sort of sentence that really matches the harm.”

A forum amendment, which would allow judges to consider whether McKinnon and O’Dwyer would be better tried in Britain, was tabled by politicians back in 2006. But it was not brought in to force at the time, Knowles says, because there is a “big dose of politics in extradition law making” and a reluctance to “upset the Americans”.

In June, a joint parliamentary committee on human rights recommended that urgent action was needed to make sure Britons were not extradited over alleged offences committed inside the UK or without any evidence being offered against them. “We wholeheartedly support the introduction of a forum safeguard,” the committee wrote. “It is difficult to understand why this has not yet happened.”

Isabella Sankey, director of policy for the human rights group Liberty, said that due to changes in technology there has been an upsurge in countries asserting jurisdiction over alleged actions that take place in other parts of the world. She agrees that it is in the interests of justice for a forum provision to be introduced.

“The Internet increases our risk of falling foul of the law, making it possible to commit an offence on the other side of the world without even leaving your bedroom,” she said. “[A forum amendment] would allow UK courts to bar extradition in the interests of justice where conduct leading to an alleged offence has quite clearly taken place on British soil.”

Earlier this month US authorities went further than ever before, claiming that anyone in any country who owns and runs a website with the .com or .net suffix is under their jurisdiction because these domains are by a technicality registered in the US state of Virginia.

Critics have branded this a clear attempt by America to “police the internet” as it struggles to control piracy of American-made films and television shows outside its own borders; the implications are severe. If the country was to try to prosecute every British individual with a .com or .net website linking to copyrighted content, it would put huge and unprecedented pressure on the UK’s extradition system.

In the meantime, US authorities continue to aggressively pursue both O’Dwyer and McKinnon, as well as nine other British nationals whose extradition cases are pending. McKinnon’s case is currently being reviewed by home secretary Theresa May, while O’Dwyer will face a preliminary hearing in September.

A Home Office spokesperson said: “The UK's extradition arrangements are currently being reviewed by an independent panel to ensure they operate effectively and in the interests of justice. We expect the panel conducting the review to report at the end of the summer.”

This article first appeared in issue no.887 of Big Issue in the North.