UFO man 'should face UK hacking trial'

[Gawdzilla Sama]

UFO man 'should face UK hacking trial'

A British "UFO eccentric" accused of hacking into US military networks should be tried in the UK - not America - because of his mental health problems, the High Court was told today.

A QC appearing for Gary McKinnon, who suffers from Asperger's Syndrome, said there was "clear, uncontradicted expert evidence" that the stress of extradition could result in psychosis and suicide because of his illness.

Mr McKinnon, from Wood Green, north London, is seeking judicial review of the then Home Secretary Jacqui Smith's decision last October to order extradition after previous legal challenges failed.

Mr McKinnon's supporters say he acted through "naivety" as a result of Asperger's - a form of autism which leads to obsessive behaviour - and should not be considered a criminal.

Today his QC, Edward Fitzgerald, accused the Home Secretary of reaching a "flawed" decision in the light of the uncontradicted medical evidence of the severe mental suffering extradition could trigger.

The QC told Lord Justice Stanley Burnton and Mr Justice Wilkie: "She underestimated the gravity of the situation without obtaining evidence of her own. She is simply not addressing the issue."

The US government says Mr McKinnon was responsible for the "biggest military hack of all time", involving 97 government computers belonging to organisations including the US Navy and Nasa.

Mr McKinnon has admitted hacking into the system in 2001-2, but claims he was looking for evidence of extra-terrestrial life.

The US government alleges his conduct was intentional and calculated to influence and affect it by "intimidation and coercion". It says the cost of repair totalled more than 700,000 US dollars (£436,000).

But today Mr Fitzgerald described Mr McKinnon at the High Court in London as "an eccentric person who has passionate views about UFOs".

Extradition was "unnecessary, avoidable and disproportionate" as Mr McKinnon could be prosecuted in the UK.

The Director of Public Prosecutions had declined to prosecute in the light of the US extradition request. But if extradition did not take place prosecution would be inevitable, said the QC.

Mr McKinnon was prepared to plead guilty to computer hacking offences, removing the risk to health and life that extradition would bring.

Being forced to travel to America and face separation from his partner and family would impact on his Asperger's Syndrome and expose him to a high risk of serious mental deterioration, said Mr Fitzgerald.

It would violate his Article 8 right under the European Convention on Human Rights to private and family life and breach Article 3, which protects against inhuman or degrading treatment, said Mr Fitzgerald.

Home Office lawyers argue extradition is justified and would not be disproportionate, given the very serious charges Mr McKinnon faces.

They said in written submissions to the court that, although extradition might result in mental suffering, the "degree of suffering" would fall far short of the levels that would justify the High Court's intervention.

Even if there was a real possibility that Mr McKinnon might become suicidal it would not necessarily be unjust or oppressive to extradite.

The US authorities had given assurances he would be provided with appropriate care and treatment. Mr McKinnon, who began writing his own software programmes at 14, was diagnosed with Asperger's last August.

His lawyers have fought a series of battles to block his removal.

They lost every one until earlier this year when two senior judges ruled the fresh evidence about his health "merits substantive consideration", leading to today's hearing.

Previously his case had been rejected on other grounds by a district judge, the High Court and then, in July last year, the House of Lords. The European Court of Human Rights in Strasbourg also refused to intervene.

Mr McKinnon was caught as he tried to download a grainy black and white photograph which he believed was an alien spacecraft from a Nasa computer housed in the Johnson Space Centre in Houston, Texas.

He was easily traced by the authorities because he used his own email address.

He has always said he had no malicious intent but was looking for classified documents on UFOs which he believed the US authorities had suppressed.

He has signed a statement accepting his hacking constituted an offence under the UK's Computer Misuse Act 1990.

[AshtonBlack]

Indeed, but what do you think?

[Gawdzilla Sama]

Indeed, but what do you think?

Hacking is hacking. He gets caught, he should pay the piper. UK courts are fine by me.

[Trolldor]

Indeed, but what do you think?

Hacking is hacking. He gets caught, he should pay the piper. UK courts are fine by me.

The US is beinging false charges against him, and so the case shouldn't even be considered.
The UK can charge him under any UK law for hacking, but nothing about what he hacked should even be taken in to consideration.

[AshtonBlack]

Indeed, but what do you think?

Hacking is hacking. He gets caught, he should pay the piper. UK courts are fine by me.

Yep. The scale of the US charges reflect the embarressment of the DoD rather that the "damage" caused. Since it's fairly obvious to all he's a solo player and not a terrorist, I would agree that he should be tried in the UK.

[Gawdzilla Sama]

Indeed, but what do you think?

Hacking is hacking. He gets caught, he should pay the piper. UK courts are fine by me.

Yep. The scale of the US charges reflect the embarressment of the DoD rather that the "damage" caused. Since it's fairly obvious to all he's a solo player and not a terrorist, I would agree that he should be tried in the UK.

I'd go for a neutral third country. Iran, for example.

[Atheist-Lite]

I reckon Theresa May could have him extradited in the next few weeks as a way of getting some of the media off her case? and re-asserting her crediblity.

[Feck]

They should pay him industry standard wages for all the work he did showing just how fucking shit their security is !

[MrJonno]

The Aspergers(doesnt like people, prefers to spend all day on his computer is a personality type not an illness) like ADD in most cases is bollocks, but the main issue here is if he is tried in the UK he would get a fine maybe a few months in jail at the most but in the US he is looking at 20 years. Extradition is generally a good thing but not when there is such a variation in sentencing

[Exi5tentialist]

Nobody should face US justice. Their system innately promotes cruel and unusual punishment. We should rip up our extradition treaty with the US and make them sign a new one, one that doesn't extradite British citizens for acts that have hurt no-one.

[mistermack]

Nobody should face US justice. Their system innately promotes cruel and unusual punishment. We should rip up our extradition treaty with the US and make them sign a new one, one that doesn't extradite British citizens for acts that have hurt no-one.

All the more reason to extradite this guy.
If he gets fair and reasonable treatment, there is no excuse for criticising the extradition treaty.
If he doesn't, then it's time to scrap or renegotiate the treaty.
Every case of extradition should be scrutinised. It there is a problem, then you act.

[JacksSmirkingRevenge]

They should offer him a fucking job since their security is so obviously inadequate. Win -win.

[Twoflower]

The Aspergers(doesnt like people, prefers to spend all day on his computer is a personality type not an illness) like ADD in most cases is bollocks, but the main issue here is if he is tried in the UK he would get a fine maybe a few months in jail at the most but in the US he is looking at 20 years. Extradition is generally a good thing but not when there is such a variation in sentencing

He was already tried in the U.K. and now the U.S. wants to try him again. The way I see it, he has already been punished for what he did, no reason to send him to another country to re-punish him.

[Xamonas Chegwé]

The Aspergers(doesnt like people, prefers to spend all day on his computer is a personality type not an illness) like ADD in most cases is bollocks, but the main issue here is if he is tried in the UK he would get a fine maybe a few months in jail at the most but in the US he is looking at 20 years. Extradition is generally a good thing but not when there is such a variation in sentencing

He was already tried in the U.K. and now the U.S. wants to try him again. The way I see it, he has already been punished for what he did, no reason to send him to another country to re-punish him.

Especially under a non-reciprocal extradition treaty, where the US can drag any of our citizens over there for trial but we have no such powers. Which dickhead signed that fucker?

[Audley Strange]

Hey if we don't extradite him they'll probably send a drone after him.