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British hacker can challenge US extradition

  • 16:09 22 October 2007
  • NewScientist.com news service
  • New Scientist and Reuters
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A British computer expert, accused by Washington of "the biggest military hack of all time", was given permission on Monday to take his fight against extradition to the US to Britain's highest court.

Gary McKinnon was arrested in 2002 after US prosecutors charged him with illegally accessing government computers – including Pentagon, US army, navy and NASA systems – causing $700,000 worth of damage.

A district court ruled in May 2006 that he should be extradited, a decision upheld at London's High Court in April this year. But on Monday, three of Britain's top judges gave McKinnon permission to take his case to the House of Lords.

McKinnon's lawyers argue that sending him to the US would breach his human rights, be an abuse of the English court process and should be barred as his extradition was sought "for the purpose of prosecuting him on account of his nationality or political opinions".

Between February 2001 and March 2002, using his own computer in London, McKinnon gained unauthorised access to 97 computers belonging to and used by the US government.

He is accused of causing the entire US Army's Military District of Washington network of more than 2000 computers to be shut down for 24 hours.

At the time of his indictment, Paul McNulty, US Attorney for the Eastern District of Virginia, said: "Mr McKinnon is charged with the biggest military computer hack of all time."

In an interview in 2006, McKinnon said he was just a computer nerd who wanted to find out whether aliens and UFOs really existed.

If found guilty in the US, McKinnon could face up to 70 years in jail and fines of up to $1.75 million.

 
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So Are They Real?

By C. r. Mast

Tue Apr 29 18:33:03 BST 2008

Did this guy find out if aliens really do exist? Im sure there is something else out there, its just a question of where.

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The Fall Guy

By Daryl O'berg

Wed May 14 15:24:26 BST 2008

No doubt about it. What McKinnon did was wrong, he freely admts that. I think the problem here stems not from right and wrong, but from the description of "damages" done and an appropriate sentance commensurate with the crime.

The U.S. Governments attempt to make McKinnon out to be a super-genius-hacker out with malicious intent to damage and bring down military networks while stealing secrets is complete mischaracterization and misleading.

McKinnon was looking for UFO's, not plans to a U.S. Death Star space laser.

His intent must be taken into consideration since intent is such a major part in determining the severity of any crime. For example: a man is hit by a car and almost killed. Was the driver of the car destracted by a telephone or changing radio stations, or was the driver a jilted lover out for revenge and intentionally hit the man? Is this an accident or pre-meditated murder? We have to use the same criterion here.

When KcKinnon "hacked" the computers there was really nothing to it. He was simply accessing machines with BLANK administrator passwords. McKinnon didn't have to "hack" anything. He simply logged onto the network, no password needed. That's equivilent to leaving your front door open and some guy poking his head in to see what kind of dishes you have in your cupboard. He takes nothing, changes nothing, and he destroys nothing. He just looks and leaves. So, can we consider that forcing you to remember to lock your door 'damages?" No, I don't think so. Tresspassing: yes.

KcKinnon didn't smash down doors or any kind, he didn't copy files or code. This case is egg on the face of the government. If the computers were valuable why weren't they at least password protected? My phone is password protected for Pete's sake!

Should we send a guy to prison for 70 years for looking at the pentagon's dishes? I say no. A punishment is in order for sure. But I say if the U.S. Government want's to send this guy away for life , well, that's overkill and totally inappropriate to the crime.

Don't let KcKinnon be a fall guy for sloppy security and heavy handed tactics. He is a British citizen and committed his crime on British soil. I say let him face the penalty in his own country according to their laws. I doubt even McKinnon would argue the appropriateness of that.

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He's In The Wrong But. . .

By Ali Raheem

Mon Oct 22 16:50:36 BST 2007

He's completely in the wrong (what he did) but expedition shouldn't exist one way, where we have to extradite British citizens but the US wont extradite US citizens.

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