Gary McKinnon, a British hacker who is accused of hacking into secret military and NASA computers has lost his latest High Court bid to avoid extradition to the United States.Appeals
Gary McKinnon is alleged to have illegally accessed computers belonging to the Pentagon, NASA and the U.S. Army and Navy in 2001 and 2002. The US wants to try the 43-year-old for what it claims to be "the biggest military computer hack of all time". McKinnon has lost series of appeals varying from the European Court of Human Rights right up to appealing directly to the British Home Secretary. It will now be decided whether the appeal can be heard at the UK Supreme Court.
McKinnon is appealing against being extradited to the US to be tried for the charges. His lawyers argue the extradition is un-necessary and avoidable. McKinnon suffers from asperger's syndrome and had argued this should be taken into consideration against his extradition.
Hacking
McKinnon first began his hacking into US Army and Navy computers between 2001 and 2002. During this time it is argued by McKinnon's defense that he was only trying to find information on UFO discoveries. If extradited to the US he could face up to 70 years in prison. US prosecutors claim he has caused $800,000 worth of damage from his hacking attempts.
Calling out to Obama
Speaking outside the High Court this morning, his mother, Janis Sharp, said ""Obama wouldn't have this. He doesn't want the first guy extradited for computer misuse to be a guy with Asperger's, a UFO guy. He wouldn't want this. I'm just praying, please hear us, Obama, because I know you would do the right thing," she added.
It's likely that this was the last appeal for McKinnon, he has appealed unsuccessfully to the House of Lords and the European Court of Human Rights. Unless the UK government or Barrack Obama step in then it's likely that McKinnon will be tried in the US.
What will likely happen is that everyone will decry saying that he he should not be tried or that he will have to serve 70 years
Both of those statements are bogus. One, all he needs is to be able to understand the difference between right and wrong, which I think has been established
Secondly, there is no way he will spend 70 years in prison. He will be offered a plea deal and I'd be surprised if he spends more than 2 years in prison, if even that.
just making a point is all... as it might ruin his life if he goes in there and has to do sexual 'stuff' etc etc
The guy has Asperger's for crying out loud.
Last edited by TSO on 31 Jul 2009 - 21:29
You mean salaries for the people who f*@cked in the first place!!!!! McKinnon showed them how bad thier work was. Simple as that.
1. He deserves to be be sent to the US courts. I'm dick of hearing his pathetic excuses, and please, that speech from his Mother is beyond cheesy. Now she claims to know what the American President wants or doesn't want?! Spare me...
2. I just know that if things were the other way around, the US would not extradite one of their own, and we Brits would just accept it. Pathetic really.
1. He deserves to be be sent to the US courts. I'm dick of hearing his pathetic excuses, and please, that speech from his Mother is beyond cheesy. Now she claims to know what the American President wants or doesn't want?! Spare me...
2. I just know that if things were the other way around, the US would not extradite one of their own, and we Brits would just accept it. Pathetic really.
Point #2, precisely. The extradition treaty we have with the US really needs to be looked at, its to beneficial to the US.
Last edited by TSO on 31 Jul 2009 - 21:29
If you'd actually pay attention, he caused no damage, admitted that he should not have "hacked" and apologised. He didn't actually hack, but used "blank password checking", as he stated.
It is frankly stupid that someone with a condition such as this, should be taken away to the US, and face up to 70 years in prison. I hope his next appeal is more successful.
Your forgetting that he said he would happily face the charges in the UK; his condition should be taken into account.
Yeah, of course anyone would rather face the punishment in his home country if he has good reason to believe it would be a slap on the wrist or even just probation
You don't seem to know or understand anything about this condition, let alone how to spell it.
Your example of shooting people in a 'shopping mall' is completely over the top, and has no relation to the actual situation. Once again, he stated that he would be more than happy to serve his time in the UK and be sentenced in the UK; you can't just ignore his condition, but at the same time, it was/is not an excuse.
A possible sentence of 70 years is completely over the top, and certainly not deserved. It was wrong for him to 'hack' but at the same time, extraditing him to the US would have a severe impact on his mental health; it is far better to sentence him in the UK, where a fairer trial can be held.
He's not the kind of person you slap and award on and hire for some security firm, you can't trust him because his motives were purely selfish and not of some desire to help others or fighting some "wrong" in the world.
He's not the kind of person you slap and award on and hire for some security firm, you can't trust him because his motives were purely selfish and not of some desire to help others or fighting some "wrong" in the world.
If you watched the interview, he stated that he acted out of "moral obligations" - he really believed that what he was doing was right. Because of his condition, he did not understand that what he was doing was wrong.
And your first sentence isn't even worth a reply.
He did. He pleaded guilty, even without a lawyer.
Hear hear!
As for the US never extraditing, according to the BBC they do in about 70% of cases v 90% from the UK to the US.
As for the US never extraditing, according to the BBC they do in about 70% of cases v 90% from the UK to the US.
Heck, we just sent an old guy back to Germany to be tried. He had much more serious medical conditions than this man
[quote=m.keeley said,]
Heck, we just sent an old guy back to Germany to be tried. He had much more serious medical conditions than this man[/quote]
He is alleged to be a German Nazi scumbag, and have murdered 1000's of innocent people. Not expose massive weaknesses in the most powerful Country on Earth's computer system!
Most powerful what? they wish.
</thought>
You can set a password..
This is where you are wrong. His condition - Aspergers Syndrome - effects how he acts and thinks. He may be intelligent enough to 'hack', but because of his condition, he does not understand that what he did was wrong - he even stated that he thought he was acting out of "moral oblations", to let the truth about UFO's be heard.
What he did wasn't even 'real hacking', but "blank password checking".
Last edited by Blaze42 on 01 Aug 2009 - 15:54
oh come off it. everyone visiting a site like neowin knows that the more they try and full proof it, the more people will poke, prod, and attempt to break it. you're right, there should be no unjust prosecution (not that chugworth has any say), but a system being broken does not mean it wasn't a good one.
What you fail to see here, is the significant impact a condition such as his has on his physiological state.
I am certain if you learnt more about the condition, you would not wish it upon yourself.
No one but the US are 'dragging' it out; they decided to file for him to be extradited relatively late in the case.
Was what he did illegal yes, do the charges and the probable prison sentence he'd get if he was tried i the US match this crime?? - Hell NO!! The sentence will be completely disproportianate, there is no way a US Government agency (as big as this one) is going to allow any person to not be prosecuted within every letter of the law and pushed hard too.
Yes he was wrong but no way should he be tried in the US. The post 9/11 extradition treaty is biased against the UK and it's ******** basically. What's happening is the US are saying this man did it he admitted it hand him over. But according to the treaty they don't have to prove it, they have an idea someone did something, hand them over. On the flip side hey US, Scotland Yard have reason to believe that Joe Bloggs from Kansas has been hacking UK Govt systems can we have him please? - US DOJ do you have any proof, no f*** off then!
We don't belong to the US and shouldn't bow to this bully boy tactic, he broke a law yes, aided by pi** poor security, he looked at files, he caused no damage, he didn't delete files, users access or generally cause chaos, the $800k USD claims is crap. Everyone knows when a company is breached they can practically slap any figure on they like. There is no way someone looking at files they are not supposed to cost that much.
ziggyPatrick
http://en.wikipedia.org/wiki/Asperger_syndrome
Anyways I think the guy should be tried but not extradited. He should definitely go to prison or some form of intense therapy where they can teach him the difference between right and wrong.
Clearly, you know nothing with regards to the physiological impact a condition such as his has on his ability to reason - he stated that he acted out of "moral obligations" - he really believed that what he was doing was right.
Indeed, his actions were wrong, he admitted that he should not have 'hacked' and apologised. He didn't actually hack, but used "blank password checking", as he stated.
Again, a possible sentence of 70 years is completely over the top, and certainly not deserved. It was wrong for him to 'hack' but at the same time, extraditing him to the US would have a severe impact on his mental health; it is far better to sentence him in the UK, where a fairer trial can be held.
His condition should be further taken into account.
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