British Hacker Fights U.S. Extradition

U.K. High Court Weigh's Gary McKinnon's Asperger's Diagnosis Against U.S. Cyber-Terrorism Charges

(CBS)  The self-confessed British hacker charged with illegally accessing about 100 computers at the Pentagon and NASA is to hear this week whether his diagnosis with a mild type of autism can prevent his extradition to the United States.

A judicial review by Britain's high court was to weigh the possibility of Gary McKinnon, 40, facing trial on U.S. cyber-terrorism charges and a possible jail sentence of up to 70 years, against the Asperger's Disorder diagnosis.

McKinnon has admitted breaking the law by accessing the computers starting in February 2001, which he said he did looking for information on UFOs. He was arrested about a year later in March 2002.

But his mother and a growing list of high-profile advocates argue that his condition would make him highly vulnerable to depression and even self-harm if sentenced to jail in the United States.

"I've committed a crime. I've admitted to it, and I'm very sorry. I've apologized many times, but I think the American authorities' response to the crime far outweighs what would have happened to me in my own country," McKinnon told CBS News partner network Sky News. "I'm being treated like a terrorist in America."

McKinnon's mother, Janice Sharp, asked during her interview with Sky: "Why haven't they ever extradited any other hacker - I'm glad they haven't - and then decide to extradite someone who is vulnerable?"

His attorney says the Asperger's, in part, also led him to so vigorously pursue hacking into the supposedly-secure American networks.

McKinnon has appealed to several British Home Secretaries during his seven-year legal battle to avoid extradition to the United States. All have refused to intervene in the case.

A reshuffle of the U.K. Prime Minister's cabinet over the weekend saw yet another Home Secretary assume the role, but a Home Office spokeswoman told CBSNews.com's sister-site ZDNet.co.uk on Friday that they would not reconsider - at least not until the court made its ruling.

"The case is before the courts, and we don't propose to comment further pending the outcome of the court's decision," a Home Office spokeswoman told ZDNet U.K.'s Tom Espiner. "It wouldn't be something for the [new] home secretary to get involved in."

McKinnon's attorney, Karen Todner, told Espiner she was hoping the High Court judicial review would prevent McKinnon's extradition and secure a trial for him in the U.K.

ZDNet U.K.'s Tom Espiner interviews Todner ahead of the High Court's judicial review:

• Nasa hacker legal team awaits prosecution decision
• |
• ZDNet UK

ZDNet U.K. reports that a list of U.K. celebrities, including, most notably, Sting, have championed McKinnon's cause, arguing that his actions caused no real harm to the United States and that his condition should negate extradition and trial on terrorism charges.

Terry Waite, a Briton who has become a champion of several causes since being held hostage in Lebanon for four years after his kidnap in 1987, went so far as to say the Pentagon should thank Mr. McKinnon for exposing the "fragility" of the American military's computer systems.

[Slrman]

His real crime was making the American government people look stupid and incompetent. That's something they will never forgive because it's true. He can be assured all chances of due process and legal rights will be suppressed or tossed out because he's a "terrorist", the new boogey man. Any time a government wishes to remove some more freedom, they use fear tactics because it always works.

"Governments need enemies to justify their existence." Edward Abbey - "The Monkey Wrench Gang"

[fdspot]

Its funny, he understands he has broken laws & feels he shouldn?t be punished. If this was your bank account, most would hang him out to dry. Twice. Disorder or not I say let him face the music & then give him a job!

[6591Hou]

Okay he hacked the computers.....that's a crime. The severity of the crime depends on: Did he insert a virus? Did he steal classified information? Did he gain access to classified material? If the story could shed some light on those questions then maybe we'd better understand what he did.

[jimmysdodgyknee]

I've come 'ere, to chew gum

{ DONT TRUST THE FRENCH}

and kick ass

{THE FRENCH ARE EVIL}

right now i'm all out gum

[incog-nito]

you are treated like a terrorist because you are a terrorist but a cyber-virtual one which is no different from the 911 terrorist.
Posted by nebul09 at 6:49 PM : Jun 10, 2009

There are huges difference. One is intent, was there an intent to destroy and cause damage? No. The other is effect. Was there in fact destruction, damage, injury or death? No (unless you considered bruised egos and looking stupid on the part of the government).

Even for crimes where people are killed, intent and effect determine the severity of the punishment. That's why you negligent homicide, manslaughter, 1st & 2nd degree murder, etc. In this case there was mischief, but no intent to cause damage, otherwise there

There is no difference only to those who can't think.

[homespunlady]

Um, this guy got into those computers in late 2001 and maybe a little in 2002!!

Around that time if I remember right the US was freaking out over 9/11 and telling the people to "go shopping" while simultaneously putting out "DUCT TAPE ALERTS" and snatching every Muslim who sneezed wrong to "undisclosed locations".

PARANOIA REIGNED SUPREME!

Poor fool did his "area 51 loonie looking" at the wrong time in the wrong place -nothing more.

This is just another attempt to create BOGEYMEN to frighten the gullible into being god little boys and girls and not question the logic of "BIG BROTHER".

Come on folks - AIG DID MORE DAMAGE and NOBODY'S going to jail for TAKING OUT America's financial system.

Heck Geithner's even REWARDING the greed-mongers by reassuring them they can get UNLIMITED compensation!

[jimmysdodgyknee]

Sorry for butting in to a US debate again, most things i said were maybe abit cheeky about your justice system, truth is Brits accept he IS A CRIMINAL, and he should'nt go anywhere near anyones national security, he has to be punished, but when we hear US will lock him up for the rest of his life, question marks in Britain were raised.

Our justice system is too soft, life in England means around 15 yrs, which means crim's who commit murder get parole after maybe 8 - 10 yrs, both countries maybe need to find a medium that everyday people can have faith in.

But if his story of what he suffers from, and what he was upto were lies, you can have him, nobody likes a traitor.

We get told that US , UK have a ' SPECIAL RELATIONSHIP' ,politicians have made our alliance, call it what you will sound abit cheesy almost cringe worthy, but we do have alot of common ground, and with-holding criminals from each other isn't one of them.I think public
opinion is what your fighting to get your man, not british politicians or the courts.

politicians over here, have a history of ignoring it's voters (Iraq war) so the US may eventually get the hacker, just dont crush him and label him a terrrorist. Names like Martin Luthor King, JFK are important icons for Brits aswell as Americans, and sometimes we all lose sight of the examples they set when it comes to rights, fairness, equality, freedom and the WESTERN WORLDS way.

[nebul09]

you are treated like a terrorist because you are a terrorist but a cyber-virtual one which is no different from the 911 terrorist.

[barbaram99]

Read this on the BBC site as well. The gent was looking for UFOs..There is none that I know of.The only reason this man is singled out is he is a sp needs person. He is most likely running the same operating system we all use. He may live with a care giver in the UK. Is the American taxpayers willing to payer for him. Really now. Leave him home. The govt should block sites it don't want others accessing. If he does come to yhe US they will have to put in a prisom for persons with health issues. The American pridon system has too many in it all ready. Let his govt take care of him. America booted out an 89 year old. The American Indians would deport us if they xould. They hate us..i wqa told to leave this nation by one. Leave him in his nation.

[incog-nito]

Yup, our privatized prison system is a growth industry. Build a prison, then help elect judges who are "tough on crime", and voila! Great return on investment.

[incog-nito]

I'd be very interested to learn your statistical source on that.

Posted by drewmm1 at 9:22 AM : Jun 10, 2009

Excerpt from Wikipedia:

The United States' incarceration rate is, according to official reports, the highest in the world, at 737 persons imprisoned per 100,000 (as of 2005).[5] A report released in 2008 indicates that in the United States more than 1 in 100 adults is now confined in an American jail or prison.[6] The United States has 5% of the world's population and 25% of the world's incarcerated population.

[usedeqbroker]

prsjfk,

Well said... reforming the court system in our country is something, like health care, that HAS TO BE DONE! Including limiting the house and senate terms of office!!

[drewmm1]

"You are kidding right? There is no system in the western world that puts more innocent people in jail and allows the guilty to go free."

I'd be very interested to learn your statistical source on that.

"Those without money or ability to borrow money, are stuck with public defenders. Justice in the US goes as far as the money you have to defend yourself. You get what you pay for, a free public defender can be dangerous."

As someone who's worked in a PD's office, I'm going to have to call you on your ignorance. Sorry.

[lloydbest1]

As far back as I can remember (and I have been around a VERY long time) justice in this country is just like any other commodity; something to be bought and sold.
That we are better than North Korea or Iran or even Poland is simply not good enough.
As a public defender, you should know better than anyone else just what a cesspool you are working in. Props to you if you do your job ethically and honestly and work hard for the accused - most do not.
I don't often agree with presjfk but he's dead right on this one. The privatization of our penal system has a lot to do with the sorry state of American justice these days. Have you already forgotten the scandal in Lucerne County Pennsylvania earlier this year? Thats just the tip of the iceberg and only one instance out of hundreds where the word "criminal" in the criminal justice system can be used as an adjective.

[govtguy]

Wouldn't it be easier just to employ him as US overseas contractor, learn all his skills, then dump his butt back to his UK collaborators? Lots easier than bringing him to US soil, housing and caring for him, medically treating him, and then rehabilitating him?
Why would we want to pay that bill? Smack the crap out of him, and let him go.

[presjfk]

" This is a criminal. Criminals might suffer depression in lockup. Big deal! This is America. You are supposed to pay for your crimes. Get him here. Lock him up.
Posted by southwerk"

You are kidding right? There is no system in the western world that puts more innocent people in jail and allows the guilty to go free.

No system can destroy a person even found innocent like US justice. If a person is wrongly accused of a crime, it can cost everything they have and more to defend themselves. Those without money or ability to borrow money, are stuck with public defenders. Justice in the US goes as far as the money you have to defend yourself. You get what you pay for, a free public defender can be dangerous.

The innocent and guilty are threatened by prosecutors to plea bargain. The vast majority of cases go this way. For all cases to go to trial would clog and destroy the system in a short period of time. This is corruption.

The innocent are faced with a system that if found guilty will put them in jail even for minor offenses - but if plea bargained and admit guilt, will set them free but with a record. The guilty fare much better in this system, as they get off and go free - over and over again. This is not justice and its not right or fair.

Like our health care system, people have been brainwashed to believe that its the best system in the world despite all the facts to the contrary.

When it comes to US justice, the best advice is to stay clear. Make sure you have lots of insurance to cover lawsuits. The system is harder on the innocent than the guilty and people are destroyed every day by this ridiculous system.

[agrun]

You may be right, but there is a lot more missing in the US justice system. I have observed cases where the judges have overruled just about every constitutional right to help the prosecutor win a case and having close communication with the applet judges to make sure that an appeal of such gross judicial violations will not succeed as well. Though the Constitution demands that the accused have the right to see the evidence, the judges will allow the prosecutor to keep the evidences a secret. This has been found to have a connection with fabricated evidence that cannot stand the scrutiny of expert investigation. We have also found that judges are in the pockets of the prison industry as well. The other well known trick is to let appeals take forever so by the time an accused wins a case the sentence have already been served, and nobody is ever held accountable.
Taken that the Human Right Court in Strasbourg have already found the Jury System a human rights violation and the impossibility to find an impartial jury in the US, for international cases- the US has no business trying anybody from another country. Such cases should go to an international court.

[presjfk]

Our government has proven its inability to protect nuclear secrets, war plans, lists of foreign spies, contingency plans regards security, space programs, defense contracts and plans, the pentagon computer system and NASA and that is just what we know about! No doubt much more has been lost the government doesn't want to admit, and there must be much more being lost every day they do not know about.

Every day there are hackers from all over the world, much of it sponsored by our enemies like China, Russia, Iran cyber-attacking our defense contractors and government. Why are these systems on the web anyway? Pull the damn cord and do away with this risk.

Our government is incompetent at every level.

[stevienc]

A crime is a crime in any country. If this guy goes unpunished then it opens the door for any other person with border-line mental problems. Let's face it, we all have some kind of problem. I don't care what he was searching for, he commited a crime and to hack into another country's computer system is certainly terrorism.
LOCK HIM UP!!

[Dgunner]

If he can hack our national security data base ? We need to put the SOB on the payroll.

[barbaram99]

America wants this Brit. Firstly. He has sp needs and no prison in America is the place for him. That said..Where is the bloody fire wall etc.He should have gotten access denied. It seem they use not strong passwords. Their system adm aint doing what they should. The man is 40. In his mind younger maybe. True what he did is wrong..I don't think he could read what he saw. He has aurism. If he does come to the states it will be the taxpayers that care forhim and prison will hurt him. What did he see and could he understand what he read. .

[jimmysdodgyknee]

I'm sure US and UK share lots of information anyway, Chinese and Russian goverments have already been accused of Hacking various countries, these are the ones you should worry about.

Think of this British fella as someone who works for Fox Mulder trying to get access to alien porn.