Gary McKinnon Loses Second Home Office Appeal
Gary McKinnonTom Espiner
writes on
ZDNet.co.uk:
The man accused by the US government of accessing more than 73,000 US military machines has lost his second appeal to the Home Office against extradition.
[Gary] McKinnon's recent diagnosis with Asperger's Syndrome, a condition on the autistic spectrum, had not changed home secretary Jacqui Smith's decision that the self-confessed Nasa hacker be extradited, said McKinnon's solicitor Karen Todner on Monday.
"The secretary of state has advised via the treasury solicitors that, despite Mr McKinnon's diagnosis with Asperger's, she will now be making arrangements for his extradition pursuant to her order for extradition of 4 July, 2006," said Todner. "We are now considering whether or not Mr McKinnon has a further judicial remedy and we are urgently investigating this issue."
The home secretary also failed to make any request to the US for McKinnon to be repatriated to the UK to serve his sentence, should he be found guilty by a US court, said Todner.
More
here.
McKinnon Would Plead Guilty in UK to Avoid U.S. Extradition
Gary McKinnonTom Espiner
writes on
C|Net News:
Self-confessed hacker Gary McKinnon has told U.K. prosecutors he will plead guilty to charges in the U.K., a move that could help him avoid extradition to the U.S.
McKinnon has been accused by U.S. prosecutors of "the biggest military hack of all time," after entering NASA and Pentagon systems. His solicitor, Karen Todner, sent a letter to Keir Starmer, the director of public prosecutions, to say McKinnon would plead guilty if tried in the U.K. under the Computer Misuse Act (CMA). The letter was sent on December 23, Todner told ZDNet UK on Monday.
"Gary has committed offenses under the CMA, and has been diagnosed with Asperger's," said Todner. "I think it's time the DPP recognized that. Gary will plead guilty."
Todner said that under the CMA, McKinnon would receive a different sentence from the one he would receive if tried under U.S. law, as in the U.S. he would be prosecuted on charges of causing damage to military systems. She added that it is "generally accepted" McKinnon would receive a more lenient sentence in the U.K. The Londoner currently faces trial in the U.S., pending the outcome of an appeal to the High Court.
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here.
Gary McKinnon Facing 60 Years in U.S. Prison After Hacking Into Pentagon
Gary McKinnonJamie Doward
writes in
The Guardian:
When he wakes up this morning, Gary McKinnon will be 72 hours from learning whether he is on the fast track to a 60-year prison sentence, thanks to his obsession with aliens.
McKinnon, 42, from Enfield in north London, is accused by American prosecutors of illegally accessing top-secret computer systems in what they claimed in one legal document was 'the biggest military computer hack of all time'.
The self-taught IT expert insists he was simply looking for information the US government had on UFOs and is adamant that he never damaged any of its computer systems. This argument, however, cuts little ice with the Americans, who are trying to extradite him.
Five years after being told by British police that he would probably get a six-month community service order for his exploits, McKinnon finds himself still wanted by the US authorities. A 2006 High Court ruling granted the extradition request, and on Wednesday the House of Lords will decide on McKinnon's appeal against that ruling.
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here.
U.K. to Hear McKinnon's Case Against Extradition
Gary McKinnon.
Gary McKinnon, the ex-systems administrator accused of conducting the biggest military hack of all time, has won the right to have his case against extradition to the United States heard by the House of Lords.
The decision gives McKinnon and his legal team a fresh chance to challenge the extradition, having argued previously that the U.S. authorities acted in an "oppressive" manner to secure his removal from the United Kingdom.
McKinnon has always maintained that, since the alleged offenses took place in the United Kingdom, that is where he should stand trial. No date has been set for the House of Lords hearing, and he remains on bail.
"Gary McKinnon is delighted to learn of this important development," said his barrister, Ben Cooper.
More
here.
Gary McKinnon Update: UK Hacker Extradition Appeal Hearing Begins
Gary McKinnon, appearing at court in London in 2005.
Jeremy Kirk
writes on
InfoWorld:
Lawyers for a British computer hacker started an appeal in London High Court Tuesday to block their client's extradition to the U.S.
Gary McKinnon, of London, is accused of deleting data and illegally accessing information on 97 U.S. military and NASA computers between February 2001 and March 2002. He's been charged in U.S. District Court for the Eastern District of Virginia.
McKinnon, who did not show up in court, could face up to 60 years in prison, said his attorney, Edmund Lawson.
British authorities declined to prosecute McKinnon and the U.S. sought to extradite him. He challenged the extradition order in Bow Street Magistrates Court in May 2006. His attorney contended that since U.S. authorities allege McKinnon disrupted critical military networks after the Sept. 11 terrorist attacks, he could be held as an enemy combatant and subjected to inhuman treatment.
The judge rejected the argument, and the U.K. Home Secretary John Reid subsequently approved an extradition order.
The appeal hearing will continue Wednesday in London High Court.
More
here.
Background
here.
Gary McKinnon Loses Extradition Appeals
Gary McKinnonKevin Poulsen
writes on
Threat Level:
Britain’s High Court on Friday rejected two extradition appeals by Pentagon hacker and 9/11 truther Gary “Solo” McKinnon, who’s trying to avoid a U.S. trial for cracking nearly 100 Pentagon and NASA computers in 2001 and 2002.
If convicted, McKinnon, 43, faces anywhere from six months to six-and-a-half years in prison under federal sentencing guidelines, depending on how much damage he caused, and other factors.
Lawyers for McKinnon argued that Home Secretary Jacqui Smith failed to consider McKinnon’s recent diagnosis of Asperger’s Syndrome when ordering his extradition, and that British prosecutors should charge the hacker in Britain, where he lives. But Judge Stanley Burnton said in a 41-page opinion Friday that extradition was “a lawful and proportionate response to his offending,” according to the AP.
More
here.
Gary McKinnon Wins Right to Fight Extradition to U.S.
Gary McKinnonAn AFP newswire
article, via
SpaceWar.com, reports that:
A Briton accused of hacking into computers owned by the US military and NASA space agency got the green light Friday for a fresh legal challenge against a bid to extradite him to the United States.
Gary McKinnon, 42, faces spending the rest of his life in prison if convicted by a US court of gaining access to 97 computers in 2001 and 2002, following the September 11, 2001 attacks in the United States.
He says he was looking for evidence of unidentified flying objects (UFOs), while his supporters say he has Asperger's Syndrome -- a form of autism -- and could attempt suicide if he is forced to go to the United States.
Two judges at London's High Court gave McKinnon's lawyers permission Friday to seek a judicial review of Home Secretary Jacqui Smith's decision last October that he should be extradited.
More
here.
Gary McKinnon Loses Extradition Appeal
Gary McKinnonBobbie Johnson
writes in
The Guardian:
A British man who hacked into computers at the Pentagon will face trial in the US after the law lords ruled that he should be extradited.
At the House of Lords this morning, Gary McKinnon, 42, was told that his appeal against extradition would not be granted.
McKinnon, an unemployed computer systems administrator from north London, invaded computer systems belonging to the US military in 2001 – shortly after the attacks on the World Trade Center and the Pentagon.
He said he was merely searching for evidence of extraterrestrial life, but American officials labelled him the world's most dangerous hacker and accused him of deleting important files and causing hundreds of thousands of dollars' worth of damage.
More
here.
Gary McKinnon Loses U.S. Extradition Appeal
Gary McKinnon.
A British computer expert accused by Washington of the "biggest military hack of all time" lost an appeal on Tuesday against plans to extradite him to the United States to stand trial.
Gary McKinnon was arrested in 2002 following charges by U.S. prosecutors that he illegally accessed 97 government computers -- including Pentagon, U.S. army, navy and NASA systems -- causing $700,000 worth of damage.
Two of Britain's leading judges rejected a High Court challenge by McKinnon to an earlier court order backed by Britain's Home Secretary that he should be extradited.
More
here.
UK: Gary McKinnon's Extradition Appeal Reaches Law Lords
Ambrose McNevin writes on Computing:
The fate of UK hacker Gary McKinnon will be considered next week when he appears before the House of Lords on Monday (16 June).
In a case going back to 2002, McKinnon is appealing against his extradition to the US under hacking charges.
McKinnon told Computing he is fighting the extradition, despite claiming that he would have voluntarily presented himself to a US court were it not for the high-pressure tactics used by the Americans.
He claimed that US authorities verbally offered him a plea bargain with the minimum sentence of four years, but that they refused to confirm it in writing and have now said they want to prosecute him to the maximum level. McKinnon said one US prosecutor said the US wants to see him “fry”.
Former home secretary John Reid signed the extradition order on McKinnon, who has not denied hacking into US computer systems, including some of those mentioned in the American indictment. But he claims he was never a threat to security as he broke into NASA and US defence computers to look for evidence of the existence of UFOs.
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here.
'UFO Hacker' Gary McKinnon Tells What He Found
Nigel Watson writes on Wired News:
The search for proof of the existence of UFOs landed Gary McKinnon in a world of trouble.
After allegedly hacking into NASA websites -- where he says he found images of what looked like extraterrestrial spaceships -- the 40-year-old Briton faces extradition to the United States from his North London home. If convicted, McKinnon could receive a 70-year prison term and up to $2 million in fines.
Final paperwork in the case is due this week, after which the British home secretary will rule on the extradition request.
McKinnon, whose extensive search through U.S. computer networks was allegedly conducted between February 2001 and March 2002, picked a particularly poor time to expose U.S. national security failings in light of the terror attacks of Sept. 11, 2001.
McKinnon tells what he found and discusses the motivation behind his online adventures in this exclusive phone interview with Wired News.
More
here.
Pentagon Hacker McKinnon Earns Extradition Delay
John Leyden writes on The Register:
Pentagon hacker Gary McKinnon has been granted a short reprieve from possible extradition to the US while a European court decides whether or not to intervene.
Law lords rejected McKinnon's appeal against extradition last month, leaving the European Court of Human Rights as his final avenue of appeal. McKinnon's solicitors Kaim Todner have lodged an appeal to the European court arguing that strong arm tactics used by US authorities during plea bargaining negotiations and concerns that McKinnon may be subject to a military tribunal constitute a violation of his human rights.
In a brief statement, Kaim Todner said the court had granted McKinnon "interim relief" against extradition until 28 August, in order for his application to considered before the full chamber of presidents of the European Court of Human Rights. David Dinkeldein, a solicitor at Kaim Todner, explained that the injunction prevents McKinnon's extradition until at least 28 August. The case will be considered on the basis of written papers, and no hearing has been scheduled.
More
here.
U.K. Hacker Gary McKinnon Plays the Asperger's Card
Kevin Poulsen writes on Threat Level:
Admitted Pentagon hacker Gary McKinnon lost his appeal to the European Court of Human Rights on Thursday, and is expected to be on a plane to Virginia within three weeks. But -- surprise! -- he's now been diagnosed at 42 with Asperger's syndrome, and his lawyers are asking Home Secretary Jacqui Smith to keep him in London for medical reasons.
McKinnon is accused of breaching over 90 unclassified Pentagon and NASA systems in 2001 and 2002, and crashing some of them, causing $900,000 in damage.
More
here.
UK Hacker Gary McKinnon Vows to Fight U.S. Extradition
Via The BBC.
Former computer hacker Gary McKinnon has vowed to fight extradition to the US, where he faces decades in jail.
He told the BBC he was lodging a High Court appeal against Home Secretary John Reid's decision to allow him to be sent to America.
Mr McKinnon, 40, from London, said he would take the case to the European Court of Human Rights if he needed to.
He is accused of hacking into US government computer networks, causing thousands of pounds worth of damage.
More
here.
Hacker Gary McKinnon Fears 'UFO Cover-Up'
Via The BBC.
In 2002, Gary McKinnon was arrested by the UK's national high-tech crime unit, after being accused of hacking into NASA and the US military computer networks.
He says he spent two years looking for photographic evidence of alien spacecraft and advanced power technology.
America now wants to put him on trial, and if tried there he could face 60 years behind bars.
Banned from using the internet, Gary spoke to Click presenter Spencer Kelly to tell his side of the story, ahead of his extradition hearing on Wednesday, 10 May.
More
here.
U.S. 'Threatened' Alleged NASA Hacker, McKinnon Defense Says
Colin Barker writes on C|Net News:
The fate of Gary McKinnon, the alleged NASA hacker, is hanging in balance after his appeal against extradition to the U.S. was adjourned at the Court of Appeal in London on Wednesday evening.
Over two days in court, McKinnon's defense team presented new evidence that it said meant the judges should reject his extradition to face charges of breaking into and damaging U.S. government computers.
The Court of Appeal is the court of last resort under U.K. law, and usually it will only find for or against the appellant. But the defense argued on Tuesday and Wednesday that evidence brought to light by the McKinnon case raised serious questions about the U.S. government's case.
More
here.
Alleged NASA Hacker Loses Extradition Ruling
Colin Barker writes on C|Net News:
Accused hacker Gary McKinnon has lost a crucial battle in his fight to avoid prosecution in the United States after a British judge ordered his extradition to America.
Judge Nicholas Evans, sitting at Bow Street Magistrates' Court, ruled on Wednesday morning that McKinnon must face U.S. courts.
McKinnon, who lives in London, is accused of hacking into 53 U.S. government computers, including some used by NASA, and causing $700,000 worth of damage.
Evans rejected the defense arguments that McKinnon would not face a fair trial in the U.S. or that he risked being treated as a terrorist suspect.
More
here.
Update: NASA Hacker Case Adjourned Over Extradition Concerns
Graeme Wearden writes on C|Net News:
Gary McKinnon, the U.K. citizen accused of hacking into computer systems run by NASA and the U.S. military, will not be extradited across the Atlantic to face trial unless the U.S. can guarantee he won't be treated as a terrorist.
At a hearing at Bow Street Magistrates' Court on Wednesday, McKinnon's lawyers claimed that he could be detained indefinitely by the U.S. authorities. McKinnon is charged with illegally accessing 97 U.S. government computers and causing $700,000 worth of damage over a 12-month period starting in Feb. 2001.
Last year, McKinnon told ZDNet UK that he had accessed the computers because he was looking for evidence that the U.S. had found extraterrestrial life. He denied causing serious damage.
Quote of The Day: Kevin Poulsen
"According to his lawyers, the United States offered McKinnon a deal of six months to a year in U.S. federal custody, followed by repatriation by the U.K., where he'd be eligible for parole after six months. McKinnon turned it down, then went running to the U.K. courts whining that the big bad Americans were trying to extort him into pleading guilty. You think? That's what a plea bargain is, slick."
- Kevin Poulsen, writing on the Wired "Threat Level" Blog, about the news of Gary McKinnon's unsuccessful extradition appeal.
UK: McKinnon's Extradition Condemned
Via The BBC.
Supporters of Gary McKinnon have condemned the decision to let the former hacker be extradited to the US.
On 4 July Home Secretary John Reid granted the US request to extradite Mr McKinnon for trial.
One friend of the hacker said he was being made a "scapegoat" for the shortcomings of security policies on US military networks.
Others said the potential sentence he could serve if found guilty was out of proportion to the crimes he committed.
More
here.
Gary McKinnon
