………………………….. as if the offenses had been committed locally, how does the US do it…..
The US relies on extradition treaties, international law enforcement cooperation (such as with Interpol, the FBI, and host-country police), or diplomatic pressure to prosecute overseas hackers and cybercriminals.
First, the authorities in the US gather evidence and establish sufficient proof.
Federal agencies like the FBI or Secret Service gather digital forensics, trace IP addresses, review blockchain transactions, and issue subpoenas to tech companies.
Because the suspects are abroad, investigators must build a comprehensive case without the ability to physically interrogate them or execute search warrants on their local premises.
Once prosecutors believe they have enough evidence to meet the legal standard of probable cause, they present the case to a grand jury.
A grand jury indictment is required by the US Constitution for federal felony charges.
The prosecutor presents witnesses (usually the lead FBI agents) and digital evidence to a panel of 16 to 23 citizens.
If the grand jury agrees there is probable cause, they issue a "True Bill", which becomes the formal indictment. A federal judge then immediately issues a sealed arrest warrant.
In almost all hacker cases, the indictment is immediately sealed.
This means the court records are locked, and the public—including the hacker—does not know charges have been filed.
Prosecutors do this to ensure the hacker does not destroy evidence, change their online infrastructure, or permanently stay within a safe-haven country.
The indictment remains sealed until one of two things happens:
- The target travels: If the US learns the hacker is traveling to a country with an active US extradition treaty, they will rapidly unseal the indictment, issue an Interpol Red Notice, and request a provisional arrest at the foreign airport.
- A public deterrent is needed: Sometimes, if a hacker is safely entrenched in a country like Russia or China and will likely never leave, the DOJ will unseal the indictment publicly ("name and shame") to freeze their global financial assets and restrict their international movement forever.
Once a federal judge signs an arrest warrant, the extradition process can legally begin.
The Department of Justice transmits the evidence to the foreign country through diplomatic channels.
The US does not have to prove the hacker guilty "beyond a reasonable doubt" at this stage. Instead, they must provide enough evidence to establish probable cause—meaning a reasonable belief that the individual committed the crime—and satisfy the specific criteria of the bilateral extradition treaty.
Even with solid evidence and an active warrant, extraditing cybercriminals faces steep practical hurdles:
- No Extradition Treaty: Many state-sponsored or high-profile hackers reside in countries that do not share an extradition treaty with the US, such as Russia, China, or Iran. In these cases, the extradition process cannot even start.
- Dual Criminality: The alleged action must be a recognized crime in both countries.
- The Judicial Phase Abroad: Once the target is arrested abroad, a local court in that country evaluates the US evidence. This process can be tied up in local appeals for months or even years.
Once extradition is successfully granted and the individual is physically brought onto US soil, then the formal criminal trial takes place in a US federal court to secure a final judgment.
If a suspect is in a country that lacks an extradition treaty with the United States—or a country that refuses to cooperate (such as nations sheltering state-sponsored syndicates)—U.S. authorities cannot legally or physically enter that country to make an arrest without violating international law.
When direct extradition is impossible, U.S. agencies rely on other tools like economic sanctions through the U.S. Department of the Treasury, international cryptocurrency asset seizures, or coordinating stings/travel lures if the suspect ever steps foot in a cooperating third country.
If the process is so lengthy for even the US to enforce, what makes the DPM believes that
Malaysia can legally pursue, arrest, and extradite foreign hackers or scammers under Clause 2 of the Cybercrime Bill 2026?
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