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December 4, 2022

In May, 2000, the Love Bug virus appeared and spread around the world, causing billions of dollars in damage.

In May, 2000, the Love Bug virus appeared and spread around the world, causing billions of dollars in damage.66 Federal Bureau of Investigation agents pinpointed Manila as the source of the virus.67 FBI agents working with agents from the Philippines’ National Bureau of Investigation identified Onel de Guzman as the person who was probably responsible for disseminating the virus.68 The agents searched de Guzman’s home and discovered evidence linking him to the virus, but the Philippines had not, at the time, criminalized virus dissemination.

Does the US have jurisdiction to extradite de Guzman?

Assume the Philippines criminalized the dissemination of a computer virus months before the Love Bug appeared. Assume three countries want to prosecute de Guzman for disseminating the Love Bug: the Philippines; the United States; and South Korea. Each has citizens who victimized by the Love Bug. Each can assemble a strong case that is based on admissible evidence and free from defenses de Guzman can invoke. The Philippines has made the crime a minor offense punishable by 2 weeks’ imprisonment in a local jail and a fine equivalent to $100. In the United States, disseminating a computer virus is punishable by up to 10 years imprisonment plus a fine of $250,000.69 Assume South Korean law makes virus dissemination a felony punishable by up to 3 years in prison and a fine of $5,000

Who has jurisdiction to extradite de Guzman?

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