No, they wouldn't. You have a nice legal argument there, but JUST THIS WEEK the owners and operators of Megaupload were arrested by US authorities with no extradition, no "prosecution in the target jurisdiction", just arrested in New Zealand for running a company from there.
No judge in the US would allow a grand jury to go ahead against a person that has allegedly breach an US law, that didn't occur in the US, wasn't done by a US citizen, and didn't affect any US citizens. In a way Mega Upload brought themselves within the sphere of US laws, using a .com address, paying money to US companies, hosting within the US, having assets within the US, allowing US customers, registering as a DMCA service provider, etc. These all contribute to allowing a US forum.
If you set up a service like Mega Upload that doesn't have any dealings with US citizens or institutions then an US court has no jurisdiction and a grand jury motion will likely not succeed, and in most countries, other than the sycophantic ones that allow extradition on merely accusation, you can just ignore it.
the owners and operators of Megaupload were arrested by US authorities with no extradition
Umm no, they were arrested in New Zealand by New Zealand authorities.
Dotcom, as well as Bram van der Kolk, Finn Batato and Mathias Ortman were arrested by Organised & Financial Crime Agency New Zealand (OFCANZ) as well as New Zealand police earlier today.
from http://gizmodo.com/5877779/
And the US law enforcement authorities. Hollywood did not ring up the NZ police and say "Arrest these guys". The US police did not fly over to NZ and arrest them.
