Slashdot Mirror


Gary McKinnon Loses Extradition Appeal

G0rAk writes "The BBC is reporting that hacker Gary McKinnon has lost his High Court appeal against extradition to the United States. The fight is not yet over yet: 'We will certainly be applying for this court to certify a point of law of public importance and to grant leave.' said his lawyer, referring to alleged threats by US authorities. One New Jersey prosecutor apparently has stated that that 'he would fry,' a statement that would be among issues raised when they take they appeal to the House of Lords."

380 comments

  1. yet by virgil_disgr4ce · · Score: 1

    This fight is not yet over yet! We represent the Department of Justice Department!

    1. Re:yet by G0rAk · · Score: 2, Informative

      I'm fairly sure that's not how I submitted it not.

      --

      Nothing to see here. Move along.
    2. Re:yet by Raistlin77 · · Score: 3, Insightful

      Leave it to Zonk to ADD errors whilst editing.

  2. New Jersey by BigDaddyNyth · · Score: 3, Funny

    One from New Jersey prosecutor apparently has stated that that 'he would fry' I thought they wacked people in New Jersey
    1. Re:New Jersey by Anonymous Coward · · Score: 2, Funny

      No longer. The Mob lost the contract for dispatching (convicted?) offenders. Yet another case where the state was unwilling to pay for quality work.

    2. Re:New Jersey by SatanicPuppy · · Score: 2, Funny

      Only the Mob...I know it's hard to tell the difference between the Mob and their "opposite numbers" in the government. One of the tell tales is the Whack/Fry thing...If someone offends your wife, you whack him...if someone offends your sense of social stratification, you manufacture evidence and fry him.

      Subtle difference, I know. But it's Jersey, whadda ya gonna do aboud id?

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    3. Re:New Jersey by Billosaur · · Score: 1

      We do... it's called the New Jersey Turnpike.

      --
      GetOuttaMySpace - The Anti-Social Network
    4. Re:New Jersey by falcon5768 · · Score: 1

      no no no no thats where we bury them all ;-)

      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    5. Re:New Jersey by StormReaver · · Score: 3, Insightful

      "...if someone offends your sense of social stratification, you manufacture evidence and fry him."

      In this case, there was no manufactured evidence. Gary admitted the crimes, but tried to justify them with the age old crap of "curiosity". Curiosity with disregard for others is a pale excuse even for a minor, and no excuse for a grown adult like Gary. He didn't click a link on a web site thinking it was going to take him to Slashdot, only to be tricked into breaking into NASA's (and other government agencies') computers. He intentionally broke into their computers, knowing full well that it was illegal in both the U.S. and Britain, and weak security does not excuse that. He is guilty, and he has admitted that.

      That said, the penalties in the U.S. for intentional unauthorized access where no damage was done are ridiculously harsh. At his age, the proposed punishment is a life sentence for relatively minor law violations. While I think extradition would otherwise be reasonable is this case, I also think the statements made by the New Jersey prosecutor indicate an absurdity of justice which are enough in my mind to allow him to be punished at home. Perhaps something along the lines of 180 days in the local jail and a few tens of thousands of pounds in fines -- enough to hurt and discourage him, but not so much as to ruin his life.

    6. Re:New Jersey by Bloke+down+the+pub · · Score: 4, Insightful

      If he'd lived in the US and hacked into UK government computers, do you think there'd be any chance at all of him being extradited? No, it would be ruled unconstitutional.

      On those grounds alone the request should be refused as all such requests should be, until a balanced treaty is in place (and ratified).

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    7. Re:New Jersey by Stooshie · · Score: 1

      ... He didn't click a link on a web site thinking it was going to take him to Slashdot, only to be tricked into breaking into NASA's (and other government agencies') computers. ...

      If you read Gary's profile on the same site he used:

      ... commercially available software ...

      Not just publicly available but commercially available. He also used known windows vulnerabilities, which US public bodies should have been protected against.

      I'm not making excuses for him. However, having US government servers sitting open to the internet with known vulnerabilities is asking for trouble. If he hadn't hacked in someone else would have. From the same profile:

      ... he found evidence that hundreds of others from around the world were also trying to hack the same networks ...
      --
      America, Home of the Brave. ... .and the Squaw.
    8. Re:New Jersey by StealthPenguin · · Score: 3, Insightful

      Perhaps not, but the US government would probably punish the American for hacking UK computers anyway.

      Besides, you all seem to be forgetting that the individual was convicted of a crime. "Boo-hoo" if some tough words made the convict soil his pants -- maybe he should have thought about that before he hacked the computers.

    9. Re:New Jersey by Old+VMS+Junkie · · Score: 2, Insightful

      "You left your door unlocked. I can't help it that I walked around your house while your weren't home. I was just curious."

      Yeah? It's still breaking and entering. And if you took anything, it's robbery.

      If that doesn't get you, how about... "She wore the mini-skirt your honor. Then she got drunk right in front of me. It couldn't be rape! After all, she was asking for it!"

      It's a bit of an extreme example but crime is crime. Victims don't ask for it, no matter how stupidly they act.

    10. Re:New Jersey by psmears · · Score: 1

      Yeah? It's still breaking and entering. And if you took anything, it's robbery.
      No, it's burglary. Robbery is different.
    11. Re:New Jersey by jahudabudy · · Score: 1

      Of course there would be a chance. Britain would simply have to provide "probable cause" and the US would extradite. It is entirely reasonable for the US to hold foreign nations to the same standards as the US government is held before the US agrees to act. As a matter of fact, one of the many, many flaps recently (concerning the US govt) has been the US transporting prisoners to jurisdictions with slacker regulations regarding torture and using the local standards as justification for their behavior. I'm not saying the UK's standard of evidence is nearly as atrocious as torture; I'm just saying that it is generally frowned on as hypocritical to outsource suspects to a different location with lower standards of treatment, proof, punishment, etc. So actually, by that token, I agree the UK shouldn't extradite in this case. Surely the fellow broke a British law, and can be punished under it? If the US punishment is likely to be harsher than UK law allows, I would say UK gov't has an obligation to NOT extradite.

      As for a balanced treaty, your article makes it sounds like the UK chose the standard to which they wished to hold US extradition requests. We said "you must be this tall to ride" and the UK said "fine, you can be a bit shorter if you like". What in that implies the treaty is therefore invalid? Both sides got what they wanted.

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
    12. Re:New Jersey by Cyberax · · Score: 1

      Yeah, sure. Then why wouldn't USA extradite CIA operatives to Spain?

    13. Re:New Jersey by AshtangiMan · · Score: 1

      And, if the door was unlocked there is no "breaking" it is just unlawful entry. He did knowingly commit a crime, but not one that is much worse than speeding.

    14. Re:New Jersey by Anonymous Coward · · Score: 0

      Besides, you all seem to be forgetting that the individual was convicted of a crime.

      Was he? I thought he was being extradited to stand trial. The American justice system is funny, you get convicted before you even face trial!

    15. Re:New Jersey by Anonymous Coward · · Score: 0

      I'm just saying that it is generally frowned on as hypocritical to outsource suspects to a different location with lower standards of treatment, proof, punishment, etc. So actually, by that token, I agree the UK shouldn't extradite in this case. Surely the fellow broke a British law, and can be punished under it? If the US punishment is likely to be harsher than UK law allows, I would say UK gov't has an obligation to NOT extradite.

      I don't think there is a doubt in the world that the punishment the US will hand out will be harsher. On balance I would say that US Evidence law is more favourable to an accused than that of the UK, however the sentence will be longer and prison conditions are going to be worse. If nothing else, it's a lot further for his friends and relatives to travel to visit him in gaol.

    16. Re:New Jersey by tsm_sf · · Score: 1

      Gary admitted the crimes, but tried to justify them with the age old crap of "curiosity".

      You are truly a product of these times.

      --
      Literalism isn't a form of humor, it's you being irritating.
    17. Re:New Jersey by SgtChaireBourne · · Score: 1

      If the door was wide open and you could get in without moving it then it might be unlawful entry. But as it was explained to me by cops and military police in several states, if you move the door or window even an inch to facilitate entry, then it is breaking and entry, not just unlawful entry. IANAL.

      --
      Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
    18. Re:New Jersey by Stooshie · · Score: 1

      I agree with you on the rape argument, but as regards the burglary, do you think your insurance company would pay up if you left your door uinlocked and were burgled?

      --
      America, Home of the Brave. ... .and the Squaw.
    19. Re:New Jersey by Bloke+down+the+pub · · Score: 1

      I think that's the NJ attorney you're replying to.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    20. Re:New Jersey by StormReaver · · Score: 1

      "If he'd lived in the US and hacked into UK government computers, do you think there'd be any chance at all of him being extradited? No, it would be ruled unconstitutional."

      In this case, it's almost guaranteed that he would be extradited if the British government requested it. He confessed to the crime, so the probably cause hurdle would be met automatically.

    21. Re:New Jersey by Anonymous Coward · · Score: 0

      If openly bragging counts as a confession, than why didn't that logic apply to the IRA? Numerous terrorists - proper ones that kill people - not hackers, hid out in the USA for years.

  3. Interesting comparison by clickclickdrone · · Score: 5, Insightful

    In the UK the CPS decided there wasn't enough evidence to bother pushing for a trial and prior to that he'd been warned he could get community service (help in charity shops, that sort of thing) but then the US manages to extradite him using an agreement they refuse to ratify and with threats of the electric chair being thrown at him (and not in a Balmer sort of way) before the trial even begins. Ye Gods.

    --
    I want a list of atrocities done in your name - Recoil
    1. Re:Interesting comparison by G0rAk · · Score: 1

      Indeed, and this is not the only example of this sort of thing as the Enron trio example shows. These men may have committed a crime in the UK against a UK company but the parent company was US and connected to Enron, therefore they must be tried in the US. And this as part of a (non-reciprocated) agreement for extradition designed for use with terror suspects. Yes, you have nothing to fear from our new draconian laws if you are not a terrorist. Or white collar criminal. Or dope-skewed cracker.

      --

      Nothing to see here. Move along.
    2. Re:Interesting comparison by SatanicPuppy · · Score: 2, Insightful

      Here we can look at that and say, "Psssh, effing New Jersey" but in a lot of places in Europe they absolutely believe that we would fry this joker for a non-violent crime.

      Just fricking typical of what passes for "diplomacy" out of the states these days. They should just make him do a stint hacking for the government to pay for some of the (grossly overinflated) damage bills.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    3. Re:Interesting comparison by Billosaur · · Score: 1

      Here we can look at that and say, "Psssh, effing New Jersey" but in a lot of places in Europe they absolutely believe that we would fry this joker for a non-violent crime.

      Also going to prove what a wonderful job "The Sopranos" has done for New Jersey's image... I'm going to start a campaign to get the motto "The Garden State" changed to "The Whacking State" or "Don't F**k With Us".

      --
      GetOuttaMySpace - The Anti-Social Network
    4. Re:Interesting comparison by mi · · Score: 2, Informative

      with threats of the electric chair being thrown at him

      Come, come... Surely, you do not honestly believe, there was such a threat thrown. The prosecutor's threat "to fry him" was, obviously in jest and no more death-threatening, than promises to "destroy competition" — made by sportsmen and businesses daily — are, for example.

      Even if the prosecutor wanted, he would not be able to do it — although New Jersey has capital punishment on the books, it has not executed anyone since 1976... And not for lack of seriously violent crimes in the State — they are not going to execute a computer hacker, if they let murderers and rapists live.

      Mr. McKinnon's lawyers are absolutely right to milk the Americans' "threats" for all they can (and more) to help their client — it is their job. But for you to seriously buy into that is rather foolish...

      --
      In Soviet Washington the swamp drains you.
    5. Re:Interesting comparison by SatanicPuppy · · Score: 1

      Meh, it was always that way underneath...I mean, I lived there for years, long enough to actually see why it was called "The Garden State" which never made any sense to me when I didn't live there...But there was always this undercurrent of "You gotta f**kin problem?"

      To be fair, that's mostly North Jersey, but, unfortunately, that's the face Jersey shows to the world, so it's not surprising that they think all the state is like that.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    6. Re:Interesting comparison by simm1701 · · Score: 1

      Or just someone the US goverment wants to hire...

      Fairly standard recruiting practice I'm sure for certain branches of the goverment...

      Agent 1: I like that kids skills, lets hire him.
      Agent 2: Yeah he looks ok

      Kid: Screw you, I refuse to work for a corrupt establisment!!

      Agent 1: Hmmm what have we got on him?
      Agent 2: Not much, a misdemeanor they can't even be bothered to prosecute in his own country...
      Agent 1: Perfect, dig out that pad of extradition forms and lets draft his new "employment contract"

      --
      $_="Slashdotter";$syn="OTT";s;..;;;sub _{print shift||$_};s!ash!Perl !;s=$syn=ack=i;tr+LLEd+BLAH+;_"Just Another ";_
    7. Re:Interesting comparison by voice_of_all_reason · · Score: 2, Insightful

      You have no issue with a prosecutor jesting in his official capacity as the one who suggests a sentence without penalty?

      I guess you're okay with police officers and judges jesting in a similar matter. This are Serious Court and this is Serious Business, instead we have the "good guys" acting like kids on a playground.

    8. Re:Interesting comparison by Dogtanian · · Score: 2, Insightful

      And not for lack of seriously violent crimes in the State -- they are not going to execute a computer hacker, if they let murderers and rapists live. Uh... not saying that Britain is perfect, but given some of the f****d-up, topsy-turvy values and morality we see coming out of the States at times, I certainly wouldn't take that for granted.
      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    9. Re:Interesting comparison by Anonymous Coward · · Score: 0
    10. Re:Interesting comparison by NDPTAL85 · · Score: 1

      So is the other half of Jersey full of the rich commuters who work in NYC?

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    11. Re:Interesting comparison by jimicus · · Score: 4, Insightful

      Here we can look at that and say, "Psssh, effing New Jersey" but in a lot of places in Europe they absolutely believe that we would fry this joker for a non-violent crime. The BBC is a fairly well respected news source and when they publish things like:

      Speaking later, solicitor Jeffrey Anderson said alleged threats by US authorities, including one from New Jersey prosecutors that Mr McKinnon "would fry", would be among issues raised.

      ....I think you can see where that opinion of the USA comes from.

    12. Re:Interesting comparison by clickclickdrone · · Score: 1

      Yay, democracy in action - a +4 Interesting to Troll :-). If only we could do the same with Blair.

      --
      I want a list of atrocities done in your name - Recoil
    13. Re:Interesting comparison by Anonymous Coward · · Score: 1, Insightful

      Nice theory, but no. McKinnon is by his own admission not particularly skilled; his hacking primarily consisted of connecting to non-passworded windows shares open to the internet(!!) on what were supposed to be fairly secure military/NASA desktop systems, then exploring their networks from that position of trust. IIRC he also used the remote registry service and trojans, but really nothing special. Nor did he use elite h4x0r ninjitsu to hide his tracks, he was hacking from his home dialup for crying out loud ... and he still got away with it for ages.

      The fact is was so ridiculously easy to penetrate such systems is of course deeply embarassing to the US government, as is the fact that he was definitely NOT the only one doing it. He reports that running netstat on the systems showed unauthorised connections from all over the world, some of whom were almost certainly actual spies and saboteurs as opposed to stoned conspiracy theorists. Not for the first time, they're looking to punish one relatively harmless hacker extremely harshly because they were easy to catch and they need a scapegoat.

    14. Re:Interesting comparison by iminplaya · · Score: 1

      Jesting is the least of his offenses. And focusing on it just distracts you away from the truly relevant issue of over-zealous persecution.

      --
      What?
    15. Re:Interesting comparison by mi · · Score: 1

      You have no issue with a prosecutor jesting in his official capacity as the one who suggests a sentence without penalty?

      You are changing the subject from whether a reasonable person can take the threat "to fry" McKinnon for real, to whether or not making such a jest is appropriate for a US prosecutor.

      I'll take it as your agreeing with me, that only a fool would honestly believe such "threat" to be real.

      No, I will not engage in the debate on what's appropriate for US prosecutors to say in public.

      --
      In Soviet Washington the swamp drains you.
    16. Re:Interesting comparison by multimed · · Score: 1

      I haven't seen anyone condoning the prosecutor for making an idiotic statement. Just that it's quite obvious that the statement shouldn't be taking at face value as it is it's quite clear he was speaking idiomatically. Give him some unpaid leave or something or hell, fire him even for saying something stupid - but that's a separate issue and the deportation and case as a whole, the "he'll fry" bit should not really factor into it in the least.

      --
      Vote Quimby.
    17. Re:Interesting comparison by mi · · Score: 1

      given some of the f****d-up, topsy-turvy values and morality we see coming out of the States at times, I certainly wouldn't take that for granted.

      Now you are the one jesting...

      --
      In Soviet Washington the swamp drains you.
    18. Re:Interesting comparison by shadowspar · · Score: 2, Informative

      I agree with you in that the prosecutor should be dismissed When it comes to whether or not his statements should factor into the outcome of the deportation hearings, however, I beg to differ, and, at least in this country, so do the courts.

      United States of America v. Cobb, [2001] 1 S.C.R. 587, 2001 SCC 19

      The defendants were accused of running a telemarketing scam, making phone calls from Canada and bilking people in the US. In a media interview, the US prosecutor said to the defendants, "You're going to be the boyfriend of a very bad man if you wait out your extradition." Further, the US judge sentencing a co-conspirator in the case said that defendants who didn't cooperate (ie, submit to extradition) would receive the "absolute maximum jail sentence". That was enough for the Supreme Court to refuse to extradite them, and IMHO, rightly so.

      --

      There is a spellbook here; eat it? [ynq]

    19. Re:Interesting comparison by Lucivious · · Score: 1

      given some of the f****d-up, topsy-turvy values and morality we see coming out of the States at times, I certainly wouldn't take that for granted.
      Now you are the one jesting...
      Really? For those of us on the outside looking in, it doesn't really seem like that much of a jump. Admittedly it's the civil courts that the rest of the world is amazed at, but your criminal courts are a joke too.
      --
      /*Thus spaketh I, and spaketh I thus.*/
    20. Re:Interesting comparison by mabhatter654 · · Score: 3, Insightful
      But the person making the threat IS somebody connected to the case... somebody with legal, govt granted power. The comment alone is enough to get him removed from the case for conflict of interest.. it's entirely possible their govt could consider an outright threat to be indication that the trial will not be fair and the punishment considered "cruel and unusual" under their country's laws.

      The US govt doesn't stand up for it's citizens.. how'd you like a cop to threaten to "f'n kill you" witha drawn weapon when you were stopped for a simple speeding ticket. It's the same thing here, Only the UK takes it's people seriously. There's no law on any books that would allow a prosecutor to even ask a court for a person to "fry" for computer tresspass.. being as this was an offical agent, under press conference, JEST is not an option.. he was threatening illegal execution of the prisoner. period. American cops and prosecutors are in need of a harsh lesson in professionalism. They have the law on their side, there's no need for idle, illegal threats.

    21. Re:Interesting comparison by mi · · Score: 1

      That was enough for the Supreme Court to refuse to extradite them, and IMHO, rightly so.

      Yes, indeed — because those two threats were quite real and within the power of the people making them.

      Putting a computer hacker on electric chair, however, is not within the power of a prosecutor... Obviously so.

      --
      In Soviet Washington the swamp drains you.
    22. Re:Interesting comparison by mi · · Score: 1

      For those of us on the outside looking in, it doesn't really seem like that much of a jump.

      Thank you for admitting, that it is still "a jump" to believe, that a person can be sentenced to death for computer hacking in the United States.

      Your posts are reeking with the typical short-sighted anti-Americanism, and I'm not going to debate with you. Go smash a McDonald's or something...

      --
      In Soviet Washington the swamp drains you.
    23. Re:Interesting comparison by SatanicPuppy · · Score: 1

      Sadly no, that's North Jersey. South Jersey is full of all the rich commuters who commute to philly.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    24. Re:Interesting comparison by jahudabudy · · Score: 1

      The comment alone is enough to get him removed from the case for conflict of interest
      He is a prosecutor. His job is to try to get a conviction of every defendant, preferably with as harsh a penalty as allowed under the law, mostly. There are of course all sorts of exceptions to this statement, but as a general rule of thumb, it works pretty well. So no, I don't think even a serious comment on the defendant frying would be a conflict of interest. Maybe indicative that the guy is an ass, but no conflict of interest.

      somebody with legal, govt granted power.

      Nope, you're thinking of the judge. The prosecutor has no legal authority, merely (supposed) expertise in convincing judges and/or juries that he is correct concerning the legal question at hand. That's why this can't be considered a threat - he doesn't get to make that decision.

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
    25. Re:Interesting comparison by multimed · · Score: 1

      But there's still a difference between a clear threat/absolute declaration of intent as in the case you mentioned, especially what struck me as prejudice against the appellant by the judge and an off the cuff hyperbole in this case. Personally I dislike the Supreme Court's taking into consideration any international law in their decisions, but that's just me. It strikes me as problematic to say the least, allowing people from other countries to determine the fairness of our legal proceedings - and vice versa. Follow the laws of the land where you are or don't go there/do business with people there. Though I guess I shouldn't inflect my opinion of justice because common sense, fairness, and really even the laws on the books don't have a prominent place - it's politics. Extradition laws aren't based on the evidence in a given case they're based on what one country thinks of another, what the trade & other economic ties are like, etc.

      --
      Vote Quimby.
    26. Re:Interesting comparison by Gulik · · Score: 1

      Yes, indeed -- because those two threats were quite real and within the power of the people making them.

      Er, as one of the two threats involved the defendant becoming "the boyfriend of a very bad man," I really hope that only one of those threats was within the power of the prosecutor. Because if the DA has to be a jailhouse pimp on the side, I don't think the state is paying him enough.

    27. Re:Interesting comparison by HappyEngineer · · Score: 1

      Here we can look at that and say, "Psssh, effing New Jersey" but in a lot of places in Europe they absolutely believe that we would fry this joker for a non-violent crime.
      6 years ago I would have said that such an opinion was stupid reactionary emotional nonsense. Somewhere between 4 and 6 years ago I realized I was wrong. He's right to be afraid to be deported to here. He probably wouldn't be killed, but he'd almost certainly get 250 years in a maximum security prison. During that time our wonderful prison system would not do anything at all to protect him from violent criminals inside the prison because, as we all know, crime is only bad when it happens outside a prison. Rape and murder are no big deal in there right? Piss off the wrong prosecutor and you deserve to be raped.

      Protection from cruel and unusual punishment is not part of our justice system anymore.
    28. Re:Interesting comparison by bkr1_2k · · Score: 1

      No one actually threatened him with the electric chair. That's an idiom meaning he will be tried harshly, not actually receive the death penalty. Seriously, people are making a big deal out of some (state level) bonehead saying "he will fry".

      The guy knew what he was doing and should face punishment. Is the charge harsh? Sure. But when you think about what he could do with the access he gained, the possibility of those kinds of punishments seems reasonable. How much are your State's secrets worth to your government? Hell, if he broke into your computer and had access to your financial records, how much would that be worth? Multiply that by your entire population (somewhat exxagerated, sure) and how much is it worth then?

      --
      "Growing old is inevitable; growing up is optional."
    29. Re:Interesting comparison by kocsonya · · Score: 5, Insightful

      > but in a lot of places in Europe they absolutely believe that we would fry this joker for a non-violent crime

      Why, you kidnapped and tortured that Canadian guy for no apparent reason, kidnapped (and probably tortured) quite a handful of other guys in Europe, some of whom did not do anything unlawful, you run a "the law does not apply here" concentration camp on soil that you rent from your arch enemy communist country from which you can not otherwise import even cigars, bombed the crap out of and pretty well destroyed a country which did nothing to draw your mighty anger, you fight a war in an other against a regimee that you put into power, funded and armed to the teeth, declared that your soldiers can not be held responsible for whatever warcrimes they commit and last but not least, as a matter of fact, you (alone in the developed world) do actually off quite a lot of your people.

      So, there's some reason behind that sentiment in Europe; even if it is stereotyping, like many stereotypes, it is not entirely baseless.

    30. Re:Interesting comparison by mabhatter654 · · Score: 1

      but it IS of interest if you're a foreign country deciding weather the country you are sending your citizen to is going to get a fair trial that would be reasonable under your laws. That's what extradition is all about. In the UK the guy would probably get 1 year in prison and 5 probation or something... this prosecutor is clearly asking for considerably more than that.. saying things like they'll "fry" the suspect would also lead the UK to believe that their citizen will not get a FAIR trail as well as too harsh a punishment. If they believe the deck is stacked too unfairly against their man, they may sentence him themselves and tell the US to sod off. It's not about if what the guy says is legal in the USA or not... it's about whether the lawyers for the defense in the UK can use that to disqualify the extradition... in sort the DA is ruining his case due to lack of professionalism.

  4. Re:WTF?? by grasshoppa · · Score: 2, Informative

    Who is Gary McKinnon?

    Someone who has a very high opinion of himself. Some might say he has an overactive ego. Regardless, he did some naughty things and much to his surprise, his kiddy skillz weren't enough to keep him out of trouble. He's been whining ever since.

    Yeah, I think that might cover it.

    --
    Mod me down with all of your hatred and your journey towards the dark side will be complete!
  5. Re:WTF?? by Hittite+Creosote · · Score: 4, Interesting
    You've a different read to the impression I've seen. He's someone who admits he has no high opinion of himself, some might say he has an overactive imagination, and his kiddie skillz were enough to get him in trouble because US military thought using Windows was a good idea (this is his legal defence line, anyway).

    As you could tell if you read the article.

  6. 6 years ago i would of agreed with the court by Anonymous Coward · · Score: 2, Insightful


    now iam not so sure,
    while watching the Guantanamo debacle continue alongside CIA secret prisons and torture openly embraced by the country that seeks to convict Mr Mckinnon i would be worried about my Human Rights too, is such a thing as a "fair trial" even possible in USA anymore ?

    1. Re:6 years ago i would of agreed with the court by Dun+Malg · · Score: 0, Offtopic

      6 years ago i would of agreed with the court You "would of" would you?

      You can always tell people who don't read much. They spell things the way they hear them in conversation.
      --
      If a job's not worth doing, it's not worth doing right.
    2. Re:6 years ago i would of agreed with the court by G0rAk · · Score: 1

      More to the point the UK is supposed to not extradite people to countries that employ torture or inhumane punishments, which include countries that execute people.

      --

      Nothing to see here. Move along.
    3. Re:6 years ago i would of agreed with the court by morgan_greywolf · · Score: 2, Informative

      More to the point the UK is supposed to not extradite people to countries that employ torture or inhumane punishments, which include countries that execute people.


      Gimme a break. Do you really think that any court in America would give this punk the death penalty? This shows absolute ignorance of U.S. laws.

      In the U.S. there are only two crimes for which you can get the death penalty: 1st Degree (pre-meditated) murder and treason. And treason has only been punished capitally a very few times in the entire history of the U.S., and most of those involved murder as well. And even in states that have capital punishment, in the vast majority of murder cases, prosecutors rarely go after the death penalty. Well, except for maybe Texas. ;)
    4. Re:6 years ago i would of agreed with the court by Anonymous Coward · · Score: 0

      Thankfully you and Jon Stewart aren't running things; the adults of the UK have chosen to remain among the admirable and forthright nations of the world.

    5. Re:6 years ago i would of agreed with the court by nihaopaul · · Score: 1

      vote with your personal information: http://petitions.pm.gov.uk/GaryMcKinnon/sign send blair an email to tell him what a gimp he's made out of the UK, nothing like the movie.!

    6. Re:6 years ago i would of agreed with the court by bmajik · · Score: 3, Funny

      And Texas was only reluctantly admitted to the US, something that both Texans and the rest of the US are equally proud of :)

      --
      My opinions are my own, and do not necessarily represent those of my employer.
    7. Re:6 years ago i would of agreed with the court by Belial6 · · Score: 1

      No, but they might sentence him to 10 years of ass raping. I might consider that torture. Actually the AIDS that he catches from the raping could certainly be considered the death penalty. I guess the question come in... Are the prisons in the UK any better?

    8. Re:6 years ago i would of agreed with the court by NDPTAL85 · · Score: 2, Funny

      Languages change.

      Asshats don't.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    9. Re:6 years ago i would of agreed with the court by clickclickdrone · · Score: 2, Informative

      >Are the prisons in the UK any better?
      Sat TV, collage courses, gyms, all the comoforts of home. TBH it depends on the category of prisoner but a chap who sits next to me at work plays football against prison teams and says the one's he sees are pretty cushy. I'm sure others are less savoury and we're always being told how crowded they are so I guess the answer is mixed.

      --
      I want a list of atrocities done in your name - Recoil
    10. Re:6 years ago i would of agreed with the court by NDPTAL85 · · Score: 1

      Incorrect. If the country seeking extradition promises not to execute the prisoner then extradition is allowed. For this crime the death penalty is not on the table thus he can be extradited.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    11. Re:6 years ago i would of agreed with the court by G0rAk · · Score: 1

      Hmm, maybe I was responsible for the grammatical mistake in the story after all, as I seem to have gratuitously split an infinitive verb in the previous comment.

      --

      Nothing to see here. Move along.
    12. Re:6 years ago i would of agreed with the court by mobby_6kl · · Score: 2, Informative

      >[prisons in the UK have] Sat TV, collage courses, gyms, all the comoforts of home.

      Except, that is, for the prisoners who'll live in cargo containers.

    13. Re:6 years ago i would of agreed with the court by number6x · · Score: 3, Funny

      The US and Mexico fought over who would get Texas.

      Santa Ana won the battle of the Alamo and the US got Texas.

    14. Re:6 years ago i would of agreed with the court by clickclickdrone · · Score: 1

      Which was kind of the point of the phrase "I guess the answer is mixed."

      --
      I want a list of atrocities done in your name - Recoil
    15. Re:6 years ago i would of agreed with the court by Anonymous Coward · · Score: 0

      collage courses I've always wanted to learn how to stick bits of paper on cardboard...
    16. Re:6 years ago i would of agreed with the court by clickclickdrone · · Score: 1

      Dammit, I'm going to have to stick a bit of paper with 'college' on my monitor to remind me. Not the first time I've got that one wrong. For the record, I believe the do collage courses too.

      --
      I want a list of atrocities done in your name - Recoil
    17. Re:6 years ago i would of agreed with the court by Oxygen99 · · Score: 5, Funny

      You insensitive clod! I'm writing this from the local prison and let me tell you what a hellhole English prisons have become. My lattes have been growing ever more tepid, the prisoner ration of fifteen cuban maidens a month has been reduced to twelve and the prison bar doesn't even serve the Chateau Laffite '73 any more. Not since those E Wing Philistines had their way. Barbarians, to a man. I mean I've spoken to the maitre'd about it but what will he do? I'll tell you what he'll do. He'll just shrug in that gallic way Pierre has and reply, "Oh, monseiur prisoner #297848, don't be so silly, non? The '71 is a far superior wine in almost every way. Can't you feel the French sun in every sip?"

      And you call this cushy. I'm supposed to live with fraudsters, ne-er-do-wells and malefactors who consider the easy charms of a '71 preferable to the more challenging '73?

      You, sir, are worse than Hitler.

      --
      I had a dream, bright and carefree, but now there's doubt and gravity
    18. Re:6 years ago i would of agreed with the court by Cederic · · Score: 1, Interesting


      Do you really think that any court in America would give this punk the death penalty?

      Yes.

      Oh, it wont be for 'hacking', it'll be some contrived terrorism charge endangering the American national security or some such bullshit.

      But basically, he wont get a fair trial, he wont get a reasonable punishment, he should not be getting fucking extradited. I'm pissed off with my own government for even considering permitting this.

    19. Re:6 years ago i would of agreed with the court by camusflage · · Score: 1

      Sat TV, collage courses, gyms, all the comoforts of home.

      Unless, of course, your home includes a PS2 or PS3, which have been banned from UK prisons due to their WiFi capabilities

      --
      The truth about Scientology, Xenu, and you: Operation Clambake
    20. Re:6 years ago i would of agreed with the court by morgan_greywolf · · Score: 2, Informative

      Terrorism is not a crime in the U.S. for which one can receive the death penalty (unless people were directly killed by the act -- in which case it could become a 1st Degree murder case ala Timothy McVeigh).

    21. Re:6 years ago i would of agreed with the court by Anonymous Coward · · Score: 0

      Sure it is, as long as you were born in America and it isn't a high-profile case.

    22. Re:6 years ago i would of agreed with the court by Cederic · · Score: 1


      That'll be a massive relief to all the people that have died in US custody while under arrest and/or torture for terrorism related charges (assuming any charges had actually been made).

    23. Re:6 years ago i would of agreed with the court by deets · · Score: 1

      I hate to let the facts get in the way of your US/Texas bashing but Texas was actually a republic for ten years.

    24. Re:6 years ago i would of agreed with the court by turbidostato · · Score: 5, Informative

      "Gimme a break. Do you really think that any court in America would give this punk the death penalty?"

      I don't think it does matter. The thing is that USA applies death penalty. That should be enough for any civilized country not to maintain an extradition treaty with such a country.

      "And even in states that have capital punishment, in the vast majority of murder cases, prosecutors rarely go after the death penalty."

      Just 1057 times in 2006 only.

    25. Re:6 years ago i would of agreed with the court by KDR_11k · · Score: 1

      So he can once again go on TV telling everybody that he thinks they're wrong?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    26. Re:6 years ago i would of agreed with the court by number6x · · Score: 1

      Its a joke.

      You know like:

      Q: Why is New Mexico so windy in the spring?

      A: Because Texas sucks and California blows.

      You have to take these things with a grain of salt. The real fact is that everyone who lives next to Texas learns to hate Texas. Most Texans aren't too bad, its just that they won't stay put. They keep leaving Texas and bothering the rest of us.

      :)

      But seriously. Santa Ana won, and in the end The US got Texas.

      Does that make you feel better?

    27. Re:6 years ago i would of agreed with the court by Anonymous Coward · · Score: 0

      is such a thing as a "fair trial" even possible in USA anymore ?

      You must be new here. The answer is no.

    28. Re:6 years ago i would of agreed with the court by deets · · Score: 1

      We won't stay put? I am sick of every yankee coming to Texas and bitching about how backwards we are. Then they won't leave, saying they can't find work where they came from. And we are the backwards ones who don't know anything? Yes, Santa Anna did win at the Alamo. He did not do so well at San Jacinto a little less than 2 months later. That makes me feel better!

    29. Re:6 years ago i would of agreed with the court by Rockin'Robert · · Score: 0

      Please be well advised of the following:
      1. In 1836 Santa Anna was captured by General Sam Houston's forces at the Battle of San Jacinto some 2 months after the Alamo was sacked.
      2. Santa Anna gave the 'secret' Masonic sign and his life was spared.
      3. Santa Anna Surrendered Unconditionally in the Treaty of Velasco of 14 May 1836 recognising the Republic of Texas forever ( http://www.yale.edu/lawweb/avalon/velasco.htm ), wherein
      4. It was also agreed the Texas / Mexico border was the Rio Gande (Del Norte) to it's headwaters.
      5. The Republic of Texas then garnered mutual (and perpetual) Treaties with: the USA, France, the Netherlands, Great Britain, (now) Germany and about one dozen native American tribes.
      6. Then Santa Anna invaded Sovereign Texas soil with Mexican troops in the 1840s.
      7. The USA intervened in the Mexican / American War and captured Santa Anna (yet again) in Mexico City, then-
      8. Santa Anna sold the lands west of the Rio Grande to the USA for 15 million U$D via the Treaty of Guadeloupe Hidalgo on February 2, 1848 ( http://www.yale.edu/lawweb/avalon/diplomacy/mexico /guadhida.htm ).
      9. Now, Mexico has the gall to claim the Treaty of Velasco of 14 May 1836 with Texas was made "under duress", AFTER THE SLAUGHTER OF THE MEN POW AND THE GANG RAPE(S) OF THE WOMEN AND GIRLS when the Alamo was captured?
      10. Now you know what the battle cry, "Remember the Alamo" really meant. Be further advised that:
      A. Mexicans, as it happens, are not the indigenous to the US' southwest,
      B. They were and still are invaders.
      C. The indigenous people of the US' southwest are the recognised Native 'Indian' tribes / nation states that are most certainly NOT (hybrid) MEXICANS! RR

  7. Wow... by Jaysyn · · Score: 3, Insightful

    Yeah, I can see why Brits would be upset. This would set a very nasty precedent. I didn't realize that even after all the lies about Iraq, etc, that we are *still* far enough into the U.K. that they'd bend over like this.

    --
    There is a war going on for your mind.
    1. Re:Wow... by Jaysyn · · Score: 1

      Yeah, 60 years ago. That should have a whole lot of bearing on this case shouldn't it?

      --
      There is a war going on for your mind.
    2. Re:Wow... by NDPTAL85 · · Score: 0, Flamebait

      Yes, it should. A whole lot.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    3. Re:Wow... by Anonymous Coward · · Score: 0

      Hmm... Was that the war you guys joined late and only after being attacked? Besides there was no threat of invasion after the Battle of Britain. Also we have the Russians to thank for winning the war not America.

    4. Re:Wow... by hachete · · Score: 1

      No it should not. There are other means of repaying debts like that without screwing your own citizens. I'd like to think our government was in it for us, rather than selling us down the river. Indeed, using soldier's lives to buy America's friendship - as Blair admitted in an interview - that's crap all to do with the sentimental drivel of the 2WW now is it? Oh, and what about our "independant nuclear deterrent": try targeting *that* at New York and see how "independant" we are.

      Bend Over, Grease Up, old boy. Blair couldn't give a fuck about liberty or the discomfiture of his voters.

      --
      Patriotism is a virtue of the vicious
    5. Re:Wow... by NDPTAL85 · · Score: 1

      There is nothing wrong with extraditing criminals to other nations. NOTHING. We extradite criminals to the UK, so why shouldn't you do so for us?

      For the record most friendly nations have long standing and well known EXTRADITION TREATIES. For most serious crimes you cannot hide behind your home country to get away with them. If you commit a felony in France, France can ask the UK or US or Germany to send that person back to France to stand trial.

      Of course since in this case it involves the US the automatic built in anti-US hate thats so trendy amongst both Europe and the Slashdot set is simply too tempting to resist.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    6. Re:Wow... by Anonymous Coward · · Score: 0

      "There is nothing wrong with extraditing criminals to other nations. NOTHING. We extradite criminals to the UK, so why shouldn't you do so for us?"

      That would be on the lines of saying there's nothing wrong with mutilating arms and legs; surgeons do it every day.

      The fact is that extradition goes against the very basis of the concept of sovereign state. There are circumnstances when this is an acceptable means, but that's all. And there's just no way for an extradition treaty when the other country supports a different concept about law and justice or in cases where there's a disproportion on the punishment. These both issues rise when considering the USA: it's a country that finds death penalty acceptable and in this case the punishment will be way worse than that the UK contemplates for such a "crime". Even more, we are talking about a country that even forgot about such basic justice principles as 'habeas corpus' (prisioners three years on Guantánamo camps and counting) and the 'in dubio pro reo' (by means of Patriot Act a jugde can punish upon the basis of unknown -even to the judge himself, evidences).

      "If you commit a felony in France, France can ask the UK or US or Germany to send that person back to France to stand trial."

      And that's good enough since France or England has quite similar views and procedures regarding justice, which the USA doesn't support.

      "For most serious crimes you cannot hide behind your home country to get away with them."

      Yes but then, who is the one to say what is or is not a "serious crime"? In Malaysia drugs traffic is death penalty; in Iran adultery is punished with death penalty (at least for the woman): they are considered not only serious but most serious crimes on those countries. In the USA the case here can make for a live prision penalty where in the UK it doesn't deserve even community works.

      "Of course since in this case it involves the US"

      Maybe there are facts to be against extradiction if at least in this case.

      Maybe even there's a case why so many people worldwide has develop "anti-US hate". For me it's not a case of hating the USA, which I don't, but the fact that I can be retained on USA borders, I can be found convict of terrorism and killed without me seeing a judge, inspect the evidences against me, being represented by a lawyer of my choice, or even my country being notified -everything within the current USA legal system. And I'm not even citizen of one of those "countries of terror" of yours: I'm Spanish. I think that will summon for not having an extradition treaty with that country of yours.

    7. Re:Wow... by Anonymous Coward · · Score: 0

      Yeah, maybe you're right. We should have just let Hitler have his way with all of Europe. Besides, it would have been much easier to later on nuke a Nazi Europe all at once and be done with it.

    8. Re:Wow... by NDPTAL85 · · Score: 1

      I wish you weren't an AC so you could see the fact that the death penalty isn't on the table in the US for this type of crime. The death penalty in the US is reserved for 2 crimes, Murder and Treason. Thats it. Anything that falls short of that excludes the death penalty.

      So in this case there's no reason for the UK to not extradite this person.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    9. Re:Wow... by hachete · · Score: 1

      Oh I agree we can have extradition treaties ... but not one with such imbalance. Usually, there's a quid pro quo either side. A two way thing as between friends and allies. Not this time. We're acting almost as if we were an extension of the US govt. Yo, Blair! Get down with that grovelling!

      Oh, and well we're at, whilst our steel industry was being hammered by US protectionism, whose soldiers were dieing in Afghanistan? Yeah, that's right. Ours. And you wonder why there's so much US hate going on?

      --
      Patriotism is a virtue of the vicious
    10. Re:Wow... by Anonymous Coward · · Score: 0

      "I wish you weren't an AC so you could see the fact that the death penalty isn't on the table in the US for this type of crime."

      So? I by other name would have better sights? On the other hand, I never said that this person was affronting death penalty at any moment, you can revise what I posted. What I said is that USA supports death penalty and that should be enough not to have an extradition treaty with such a country no matter what.

      "So in this case there's no reason for the UK to not extradite this person."

      Yes, there is: there is death penalty, which shows a *drastically* different view of what is justice and what is not. And that guy affronts way bigger penalties on the USA than it would in UK for the crime he is accused. These two are two very strong reasons not to extradite him, specially when we consider he is an UK citizen, not an USA or a third party one.

      Of course you didn't even dare to consider everything else I said which is sadly too true.

    11. Re:Wow... by NDPTAL85 · · Score: 1

      As a non AC you don't know when someone replies to your post, thats all. You have to check on your own.

      Unless the rest of the western world wants the US to become a haven for European/Japanese/Austrailan criminals than it makes a lot of sense to have them have reciprocal extradition treaties.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    12. Re:Wow... by ShadowsHawk · · Score: 1

      Your steel industry? So the USA is responsible that all (US & British) steel production is being moved over the China? The US didn't make British companies decide to screw its employees to increase their profits by moving their factories over to a country with loose labor and environmental laws.

  8. Am I the only one... by Noryungi · · Score: 5, Insightful

    ... who thinks this is actually a disgrace?

    AFAIK, Gary McKinnon is a british citizen (check Wikipedia for this). Why does the UK allow one of its citizen to be extradited to the USA? Why is he not judged and sentenced in the UK?

    Does anyone think, for just a millisecond, that the USA would do the same? Extradite one of its own citizen to be tried in the UK?

    Where on earth is the outrage? How come a sovereign country, like the UK, is extraditing one of its own citizen -- regardless of his crimes -- to another country to be tried there? This is ridiculous! Can anyone answer that question?

    --
    The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
    1. Re:Am I the only one... by Silver+Sloth · · Score: 1

      No, you're not the only one. Bill Bailey commented on a recent tour that the US was like the playground bully, with the UK as the little guy who stands behind him going 'Go on, beat him up'. The degree with which the 'special relationship' has made us the USA's lapdog makes me wish I was French - and that's baaaad.

      --
      init 11 - for when you need that edge.
    2. Re:Am I the only one... by Rotten168 · · Score: 1, Informative

      Are you stupid or something? We extradite our own citizens like this. Only in Slashdot could something this ignorant be modded higher.

    3. Re:Am I the only one... by cs02rm0 · · Score: 1

      Our entire nation is completely apathetic. I have no idea why, but it explains the record emmigration levels.

    4. Re:Am I the only one... by Sancho · · Score: 1

      Are there laws against hacking a computer in another country in England?

      The fact is, he committed a crime, and some portion of that crime took place on US soil. By convention, that allows for the US to extradite him, even if he never set foot here, himself.

      That said, with the fucked up US prison system, I hope (for his sake) that he gets to stay in the UK.

    5. Re:Am I the only one... by Anonymous Coward · · Score: 5, Informative

      from the article you cite:

      "A FORMER US marine who sparked an international manhunt after allegedly abducting a 12-year-old British girl he had befriended on the internet was extradited to the UK from Germany yesterday."

      he was arrested in germany, not extradited from the US.

      stupid, indeed.

    6. Re:Am I the only one... by clickclickdrone · · Score: 1

      Our entire nation is completely apathetic. I have no idea why, but it explains the record emmigration levels.
      The non apathetic one's have already gone or are packing their bags. The others are either chavs, chav wannabees (shudder) or just too stupid to care.
      Almost every night, when I catch the bus home there's a mad woman who shouts and swears and threatens any young girls/women, often driving them to tears. She then gets on the bus and does the same to the drivers, telling them how crap they are to be a bus driver. No-one ever does a thing. Last week I had words with her and told her to stop bullying etc. Afterwards several people came over to thank me but of course, none of them were willing to actually do something, oh-no.
      --
      I want a list of atrocities done in your name - Recoil
    7. Re:Am I the only one... by Anonymous Coward · · Score: 1, Funny

      The degree with which the 'special relationship' has made us the USA's lapdog makes me wish I was French - and that's baaaad.


      Well, judging from the UK's handling of the HMS Cornwall situation you are French.
    8. Re:Am I the only one... by Anonymous Coward · · Score: 0


      Are you stupid or something? We extradite our own citizens like this. Only in Slashdot could something this ignorant be modded higher.


      Evidently you are German, since the guy in the link was extradited from Germany.

      Of course Germany gladly gave up the dude. He isn't German.

      The point of the GP is that the US of f-ing A wouldn't allow one of its citizens to be extradited from territories it controls. (which, last I checked, doesn't include Frankfurt).

    9. Re:Am I the only one... by montyzooooma · · Score: 1

      That story was about an ex-marine extradited for allegedly abducting a 12 year old girl he had "befriended". This story is about a hacker who brought to light the lax security of a number of US Government computers, while looking for evidence of alien contact. It's not exactly apples and apples, is it?

    10. Re:Am I the only one... by Zonekeeper · · Score: 0

      So? Your point? Other than the one on your head? The grandparent post was about the UK extraditing IN from another country, a citizen of another country. What, without the US connection, you don't care? OHH sorry I forgot this story is only about attacking the US. When the story or facts used in the conversation don't accomplish that, then those facts become an irrelevant footnote. What a damned joke, just as this whole article/story is. It makes no difference if a British man hacked into US government computers, or if a US citizen hacked into British military computers, or if Ren of Stimpyland hacked into the mud factory computers of Elbonia; if the hacker's government wants to play properly in the international arena, then they better damn well be prepared to help prosecute their citizen, when said citizen perpetrates such a crime. This is such a simple no-brainer, you'd THINK the average slashdottian could figure it out. No? This is my surprised face, see it here?

    11. Re:Am I the only one... by rjshields · · Score: 1

      Are you stupid or something? We extradite our own citizens like this.
      Ignoring your vitriol, the story you link to states that he was extradited from *Germany*.

      Only in Slashdot could something this ignorant be modded higher.
      With any luck you'll be modded troll or flamebait.
      --
      In this world nothing is certain but death, taxes and flawed car analogies.
    12. Re:Am I the only one... by Rotten168 · · Score: 2, Informative

      No? We just extradited the dog, dude! Point is that it happens all the time. We have something things called extradition treaties with other nations. The GP is an ignoramus.

    13. Re:Am I the only one... by bint · · Score: 1

      "A FORMER US marine who sparked an international manhunt after allegedly abducting a 12-year-old British girl he had befriended on the internet was extradited to the UK from Germany yesterday." - did you even read the article you linked to?

    14. Re:Am I the only one... by Anonymous Coward · · Score: 0

      "Where on earth is the outrage? How come a sovereign country, like the UK, is extraditing one of its own citizen -- regardless of his crimes -- to another country to be tried there? This is ridiculous! Can anyone answer that question?"

      International law is the answer. Sovereignty is a myth. Yes UK lawyers can protest for McKinnon but at the end of the day if he has commited a crime via international commercial law (thats pretty much all law nowadays regardless of where you live) then its irrelevant where he lives.

    15. Re:Am I the only one... by pizzaman100 · · Score: 2, Informative
      Does anyone think, for just a millisecond, that the USA would do the same? Extradite one of its own citizen to be tried in the UK?

      No, not the UK. The USA extradites its citizens to Mexico instead.
      Dog' the Bounty Hunter loses extradition battle

    16. Re:Am I the only one... by clickclickdrone · · Score: 2, Insightful

      I think you're missing the point, he's being extradited using a law design for *terrorists* and that the US hasn't ratified i.e. we send them our people but the US won't send us theirs.

      --
      I want a list of atrocities done in your name - Recoil
    17. Re:Am I the only one... by Anonymous Coward · · Score: 1, Insightful

      he was arrested in germany, not extradited from the US.

      Ummm... he's a U.S. CITIZEN. He was extradited to the UK instead of to the US; that was the point the GP was making.

    18. Re:Am I the only one... by Anonymous Coward · · Score: 0

      My point is that just because he is a UK citizen that doesnt make him outside the jurisdiction of the law due to sovereignty. How the laws may be followed by both nations is another issue. It also looks like they are not extraditing him as a 'terrorist' but due to hacking crimes.
      btw I think it sucks I really do. Interesting stuff he allegedly found.

    19. Re:Am I the only one... by Anonymous Coward · · Score: 1, Insightful

      So? Your point? Other than the one on your head?

      the original post was all 'the US wouldn't extradite etc etc'.

      then the idiot above tried to prove that wrong with an example of a guy who was extradited by germany.

      point is, he was wrong. it's not a big deal. don't get all pissy about it.

    20. Re:Am I the only one... by Anonymous Coward · · Score: 0

      awesome, you finally found a real example. good for you. now you just have to find a boatload more to show that it 'happens all the time'. i suspect the evidence will not be forthcoming.

    21. Re:Am I the only one... by hnile_jablko · · Score: 1

      Mate, the UK is not much better in this regard. After the 7 July bombings, they carried out on the spot judgement, sentencing and execution of a Brazilian national who was walking to the tube without a backpack. Metropolitcan police shot Jean Charles de Menezes in the head numerous times.

      While this is an extreme case, the UK is not all that concerned about a lot of things it should be. The policemen were acquitted....

      But hey, who really cares, at least the weather in London was nice yesterday. Too bad its shit today.

    22. Re:Am I the only one... by Rotten168 · · Score: 1

      Eh? Why do you think we have extradition treaties? The parent poster I responded to acted like nobody has ever been extradited. I pointed out that he was ignorant, which he was.

    23. Re:Am I the only one... by mpe · · Score: 2, Informative

      Metropolitcan police shot Jean Charles de Menezes in the head numerous times.
      While this is an extreme case, the UK is not all that concerned about a lot of things it should be. The policemen were acquitted....


      They wern't "acquitted", since they were never even charged with an crime. AFAIK they wern't even arrested.

    24. Re:Am I the only one... by Anonymous Coward · · Score: 0

      Does anyone think, for just a millisecond, that the USA would do the same? Extradite one of its own citizen to be tried in the UK?

      The way you've phrased it there, the answer would probably be yes. The real issue (from what I see) is that this UK citizen allegedly committed a crime while in the UK. And it is a crime under UK law. So why wouldn't the UK laws apply? He should be tried there, if anywhere.

      This is like if you were a US citizen, and you sold a joint to a Netherlands citizen, while you were in the US. Would the US let you be extradited to the Netherlands for trial (which would probably be something like a $500 fine for not being a registered coffee shop or whatever) just because the person you sold the drugs to was a citizen there? Absolutely not. You committed the crime in your own country, and you'd be tried in your own country.

      Maybe you don't like that example. What if a Chinese citizen was caught with a few grams of cocaine and he claimed that you sold it to him while he was in the US? Certainly it is a serious crime in the US, but you probably couldn't be convicted here based solely on that evidence. If you were extradited to China, you'd face almost certain execution. Would the US extradite you?

      Everyone has agreed that this is a crime in the UK, and the act was committed by a UK citizen while in the UK. It should be tried under UK law, and if they don't have sufficient evidence, that means he should be found not guilty under UK law.
    25. Re:Am I the only one... by yusing · · Score: 1

      What record emigration levels? I'd welcome some evidence.

      --

      "You must try to forget all you have learned. You must begin to dream." -- Sherwood Anderson

    26. Re:Am I the only one... by yusing · · Score: 1

      In what sense did part of the crime take place on *American soil*? Since when is there "soil" in cyberspace? Could this confusion be part of what's at stake in this case?

      --

      "You must try to forget all you have learned. You must begin to dream." -- Sherwood Anderson

    27. Re:Am I the only one... by hamburger+lady · · Score: 1

      the point the GP was making was that the US extradites people all the time. it isn't exactly convincing to support that with a story about germany extraditing a US citizen.

      --

      ---
      Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
    28. Re:Am I the only one... by Anonymous Coward · · Score: 0

      Why do you think we have extradition treaties?

      why can't you offer any evidence that the US extradites people 'all the time'?

      the presence of a treaty doesn't prove that.

      The parent poster I responded to acted like nobody has ever been extradited. I pointed out that he was ignorant, which he was.

      by pointing to a story of germany extraditing someone? talk about stupid.

    29. Re:Am I the only one... by Sancho · · Score: 1

      The SERVER was on AMERICAN SOIL.

      I didn't think it was that hard to understand.

    30. Re:Am I the only one... by netwars · · Score: 1

      I think it's a disgrace as well, but for different reasons. In a democracy a group of people get together either directly or via representatives to decide what the limits of their freedoms are, and call this the law. They also decide what the punishments will be for breaking those laws. We may not like the laws we are subject to but we at least have the freedom to complain about them and persuade our fellow nationals to change them (or the tarrifs for breaking them). If people travel to foreign territoties, then they do so under the knowledge that they will then be subject to the laws of the countries they are visiting.

      The difference with this treaty is it effectively introduces a whole new slew of laws that a British citizen is subject to without their knowledge, and without them having any say about how those laws are drafted, WITHOUT THEM NECESSARILY LEAVING THE COUNTRY.

      It is easy to think of situations that could arise that would highlight the absurdity of this treaty. Suppose the US passed a law that made it illegal to insult George Bush punishable by death, and while I was I the phone to a US colleague said something that broke that law. Is it reasonalble I should subject to that law?

      The only way this kind of treaty could be fairly expected to work would be if it only applied to laws which were common between territories, and had similar punishments (or similar punishments would be enforced as part of the treaty).

      In the UK we now have to make the introduction of this extradition treaty and election issue and make our politicians aware it is not acceptable in its current form.

    31. Re:Am I the only one... by Anonymous Coward · · Score: 0

      It makes no sense.

  9. to extradite or not to extradite by N3wsByt3 · · Score: 3, Insightful

    European countries (well, their governments) are ubelievably hypocritic in this regard. I think it's just because, time after time, they buckle to USA pressure. Not all that long ago, a EU-citizen was extradited to the USA, facing a possible deathsentence (acording to US laws). It is clearly stated, in many national laws, but also as an European law, that NO EU-citizens may be extradited to countruies which implement the death-sentence. Luckily, there are only a hanful of barbaric states left who do such a thing, such as china and N.-Korea, etc. Even fewer countries which claim to be democratic still practise it, such as...the USA.

    But, what did they do? The govenments made a deal, where the USA 'promised' they wouldn't actually deal out the capital punishment to that citizen. That was *before* any sentence on guilt or lack thereof was made. Actually, this should anger americans as much, because this means their government arbitrarily decided to NOT treat a person who (alledgely) commited crimes on USA soil according to their own law, and that that EU-person got an illegal advantage which no ordinary US citizen gets.

    For me, however, the anger comes at the fact they *did* extradite him to the USA, clearly in violation of the rules and laws of that country and the EU. If the USA wanted him so badly, they could abolish the death penalty. speaking of which, if I'm not mistaken, some more progressive non-bible-belt states in the USA already have forbidden such practises, as any civilised society would do. Or does it ultimately remain a federal decision? Maybe some US slashdotters can fill me in on this.

    --
    --- "To pee or not to pee, that is the question." ---
    1. Re:to extradite or not to extradite by thebdj · · Score: 2, Informative

      Actually, it is pretty widespread in the US and hardly limited to the "Bible Belt". I also wouldn't call many of the states where the DP is no longer practiced "progressive". And if you check out the map here you might find that there are a few more countries still holding on to the death penalty then you originally thought. It isn't just something used by those oppressive regimes.

      --
      "Some days you just can't get rid of a bomb."
    2. Re:to extradite or not to extradite by Anonymous Coward · · Score: 0

      It is clearly stated, in many national laws, but also as an European law, that NO EU-citizens may be extradited to countruies which implement the death-sentence.

      Actually, you've slightly mis-quoted the law(s). The extradition laws of most countries state that a suspect cannot be extradited if the court is seeking the death penalty. But that's easy enough to get around anyway:

      1. Charge criminal with offense not punishable by death.
      2. Criminal is extradited.
      3. Prosecutor drops charges.
      4. Prosecutor raises new charges and seeks death penalty.
      5. ???
      6. Fry the bastard.

    3. Re:to extradite or not to extradite by Zenaku · · Score: 5, Informative

      That would depend on which sovereign is trying the defendant. Some states have the death penalty, others have outlawed it. The FEDERAL government does have the death penalty.

      Since in this case the crime is against the Department of Defense, it would be a federal crime, under federal jurisdiction.

      However, hacking is not a capital offense under any jurisdiction, so far as I am aware. When the prosecutor said he would fry, it was a figure of speech.

      That being said, if I were the U.K. I sure as hell wouldn't extradite one of my citizens to a country where due process and habeas corpus have recently been ruled to not apply to "enemy combatants," a designation which is applied to non-citizens solely at the discretion of the executive branch. Under our constitutional system of justice, he would not have anything to worry about as far as the death penalty -- but since he hacked the military, and the government could ignore the constitutional system of justice by uttering the magic words. . .

      Well, that probably wouldn't happen. Probably.

      --
      If fate makes you a motorcycle, you become a motorcycle.
    4. Re:to extradite or not to extradite by clickclickdrone · · Score: 2, Insightful

      >When the prosecutor said he would fry, it was a figure of speech.
      Which I'm happy to believe but hardly professional behaviour by an official though is it?

      --
      I want a list of atrocities done in your name - Recoil
    5. Re:to extradite or not to extradite by Zenaku · · Score: 5, Insightful

      Agreed. If you ask me, the defense department was made to look foolish (having machines so insecure that some stoned UFO nut was able to waltz right into them), and now the feds need to save face by portraying him as a scary and highly dangerous hacker, who has used his mad skillz to compromise our national security.

      Asshats, one and all.

      --
      If fate makes you a motorcycle, you become a motorcycle.
    6. Re:to extradite or not to extradite by UbuntuDupe · · Score: 1, Insightful

      Just a heads-up: the UK doesn't follow due process very rigorously regarding IRA crimes.

    7. Re:to extradite or not to extradite by andphi · · Score: 1

      No, it's not precisely professional, but he probably thought the statement was non-literal enough to be understood as pure hyperbole. Or he was just speaking off the cuff, which is a fairly stupid thing for a lawyer to do.

      For example, if he had said "We're going to throw the book at him" or "We're going to bring the hammer down", Americans would immediately understand these as metaphors for "We're going to punish him severely", since book-throwing and hammer-thwacking are recognizable figures of speech, not literal forms of punishment.

    8. Re:to extradite or not to extradite by sumdumass · · Score: 1

      No sane prosecutor is going to go around this. The damage done with respect to extradition treaties and relation aren't worth it for one person. Unless it is something like the one 9/11 hijacker who got away or something, it just wouldn't be worth it.

      If anything, it would be a situation were life in prison was given and then some bizzar accident in prison took care of it. Jeffrey Dahmer found his fate in this way. A couple years after he was sentenced, he was beat to death by weight lifting bars in the shower at a prison gym. The official story is that he was alone but an inmate claims the guards watched and did nothing.

    9. Re:to extradite or not to extradite by SatanicPuppy · · Score: 3, Insightful

      He's from New Jersey...I don't know of a better way to explain it. Anyone who works as a prosecutor in that state is bound to be such a hardass, just to deal with the locals...You don't get it unless you live there, but there are a lot of verbally aggressive people in that state, and that sort of language isn't viewed the same way it is in the rest of the US, or the world for that matter.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    10. Re:to extradite or not to extradite by couchslug · · Score: 1

      "Actually, this should anger americans as much, because this means their government arbitrarily decided to NOT treat a person who (alledgely) commited crimes on USA soil according to their own law, and that that EU-person got an illegal advantage which no ordinary US citizen gets."

      That's as ordinary as plea-bargaining. In the real word situations are not ideal, and a little of something is better than nothing.
      Given the choice between never punishing a criminal or getting a lesser sentence, it makes perfect sense.

      "Even fewer countries which claim to be democratic still practise it, such as...the USA."

      Many of us disagree with you about deleting criminals. We, democratically, support killing them and continue to vote for the death penalty.
      We as voters know that when we vote for the death penalty we are asking the state to use it!

      The criminals concerned are primitives that only understand fear, and often not that. They are without value, so we don't value them more than the example they make by dying. They chose to be worthless and forfeit social protection.

      The elitist EU has a remarkable fascination with preserving the criminal trash in US prisons. My reaction is that everyone who bootlicks these vermin should volunteer to share cells with a few of them. It would be quite the social science project. Better yet, offer every US citizen facing the death penalty refugee status and a plane ticket, conditional on not returning to the US. Think these folks are blossoms of humanity tragically trampled by the Man? You take 'em.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    11. Re:to extradite or not to extradite by clickclickdrone · · Score: 1

      Just a heads-up: the UK doesn't follow due process very rigorously regarding IRA crimes.
      Such as?
      --
      I want a list of atrocities done in your name - Recoil
    12. Re:to extradite or not to extradite by clickclickdrone · · Score: 1

      My reaction is that everyone who bootlicks these vermin should volunteer to share cells with a few of them
      Congratulations, you've just invented the next reality TV project.
      --
      I want a list of atrocities done in your name - Recoil
    13. Re:to extradite or not to extradite by praksys · · Score: 1

      US prosecutors routinely make deals where the death penalty is taken off the table in return for testimony (against accomplices for example), information (about where other bodies might be buried for example), because they think it might be easier to get a conviction, or even because they think it would be a waste of money to pursue the death penalty in a particular case. So your claim that the US prosecutors were ignoring US law is incorrect. They have wide discretion when it comes to pursuing the death penalty.

      EU countries are not supposed to allow extradition if the individual in question might face the death penalty. If the extraditing country agrees not to pursue the death penalty then this requirement is satisfied. Whether or not the death penalty is on the books has nothing to do with it. So your claim that EU countries are hypocritical or "buckling" to US pressure is also incorrect. The US and most EU countries have extradition treaties, and in such cases both sides are living up to their legal obligations.

      BTW, if you count countries, then most democratic countries do not have the death penalty, but if you count population then most of the democratic world has the death penalty (the US, Japan, and India, alone make up more than 2/3s of the democratic world).

    14. Re:to extradite or not to extradite by Zontar_Thing_From_Ve · · Score: 1

      Even fewer countries which claim to be democratic still practise it, such as...the USA.

      For what it's worth, Japan does too.

      For me, however, the anger comes at the fact they *did* extradite him to the USA, clearly in violation of the rules and laws of that country and the EU. If the USA wanted him so badly, they could abolish the death penalty. speaking of which, if I'm not mistaken, some more progressive non-bible-belt states in the USA already have forbidden such practises, as any civilised society would do. Or does it ultimately remain a federal decision? Maybe some US slashdotters can fill me in on this.

      I'll bite. I'm a pro death penalty kind of guy living in a state with captial punishment. I don't see abolition of the death penalty ever happening here. Maybe fewer states will have it, but I don't think it will ever go away. The blunt truth, which you probably won't like to hear, is that the EU is notorious for its rather weak ideas of punishment. Good grief man, Italy seems to be convinced that victims are to blame for what criminals do as Italy can't release people soon enough from jail. The EU extradites people to the US because they generally know that their own laws are too weak to lock up the really bad people, so they send them us to do their dirty work for them. I love Europe, I really do, and I don't have a problem per se if they are opposed to the death penalty, but you guys really need to get tough with killers and lock them up for life instead of putting them in jail for 5 years and feeling sorry for them. Even Japan is pretty weak compared to the US. I remember a few years ago when some US servicemen got "very long sentences" for raping a Japanese woman, ranging from 5 to 7 years. Crap man, here in the US we can lock you up for LIFE for doing that.

      We don't really care all that much when we have to make deals about "no capital punishment" to get people extradited here. At least if WE lock them up, they stay locked up. They don't get out on work release or similar nonsense after a few years because the system felt sorry for the poor little criminal. If there was ever a country that probably could use capital punishment, I would vote for Brazil. Their weak "we can't punish anyone for long no matter what" legal system, which is a direct result of the abuses of the military dictatorship in the past, has completely failed the country.

    15. Re:to extradite or not to extradite by voice_of_all_reason · · Score: 1

      if I'm not mistaken, some more progressive non-bible-belt states in the USA already have forbidden such practises, as any civilised society would do

      If there's one thing Jesus taught us, it's that bad people must be hung by the neck until they are dead. It was in his Sermon on the Gallows.

    16. Re:to extradite or not to extradite by clickclickdrone · · Score: 1

      I'm anti-DP but I fully agree that in the UK at least we're far too light weight with sentences. Life means anything but - you could be out in 8 years. OK, it's on licence, which is probably stricter than most people realise but as say the parents of a murdered shild, knowing the murderer was out and about just 8 years after the event when it's still pretty damned raw for them is a bit of a kick in the teeth.

      --
      I want a list of atrocities done in your name - Recoil
    17. Re:to extradite or not to extradite by simm1701 · · Score: 1

      The original terrorism act in the uk (dated some time in the 80's I think) removed the right to remain silent.

      Ever since then remaining silent was counted as an admission of guilt in terrorism cases.

      Oh and we STILL don't have bins (translation for across the pond: trash cans) at train stations!

      --
      $_="Slashdotter";$syn="OTT";s;..;;;sub _{print shift||$_};s!ash!Perl !;s=$syn=ack=i;tr+LLEd+BLAH+;_"Just Another ";_
    18. Re:to extradite or not to extradite by Raistlin77 · · Score: 1

      There's such a thing as a sane prosecutor? Heh, who knew?!

    19. Re:to extradite or not to extradite by UbuntuDupe · · Score: 1

      Thanks, I'm sure others have examples.

      Oh and we STILL don't have bins (translation for across the pond: trash cans) at train stations!

      Yeah, and you still say "tee-yoob" instead of "toob".

    20. Re:to extradite or not to extradite by clickclickdrone · · Score: 1

      >Yeah, and you still say "tee-yoob" instead of "toob".
      How do you pronounce cube & pube? Pah, you'll be saying aluminum next, whatever that is ;-)

      --
      I want a list of atrocities done in your name - Recoil
    21. Re:to extradite or not to extradite by clickclickdrone · · Score: 1

      Good one, yup you win ;-)

      --
      I want a list of atrocities done in your name - Recoil
    22. Re:to extradite or not to extradite by Anonymous Coward · · Score: 0

      Bloody Sunday? Death on the Rock?

    23. Re:to extradite or not to extradite by hey! · · Score: 1

      Humbug. I say he's just an incompetent a**hole.

      What you say about people in NJ may or may not be true. But a lawyer's job is to deal with the results of other people acting too stupid to keep their traps shut. People who promise things they can't deliver, people who carelessly let the cat out of the bag, people who provoke people who are dangerous to provoke. A lawyer is supposed to be too smart to do that sort of thing himself, but our guy here has managed a hat trick:(1) he promised something he couldn't deliver (capital punishment); (2) he let the cat out of the bag (namely, the government is going to cover the embarrassment of its lax government security by being irrationally harsh); (3) he has provoked an entire nation for no imaginable reason.

      But that's what you get when the chief qualification to be a US attorney is political loyalty.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    24. Re:to extradite or not to extradite by N3wsByt3 · · Score: 1

      "BTW, if you count countries, then most democratic countries do not have the death penalty, but if you count population then most of the democratic world has the death penalty "

      Huh? Since when is is the legal system dependend on per capita basis?

      Besides, did you count in (or rather out) all the states (well, follow your reasoning, all the people from those states) in the USA where capital punishment has been abolished? And doesn't India have states too, where laws differ?

      --
      --- "To pee or not to pee, that is the question." ---
    25. Re:to extradite or not to extradite by BendingSpoons · · Score: 1

      He's from New Jersey...I don't know of a better way to explain it. Anyone who works as a prosecutor in that state is bound to be such a hardass, just to deal with the locals
      Uh, no. Speaking as a New Jersey prosecutor, I can tell you that shit like "he's gonna fry for this" certainly does not fly. If you say that sort of thing to the press, you're inflaming the populace and preventing the defendant from finding a fair jury in your area. The defendant moves to change venue, you're reprimanded by the judge, the trial is moved somewhere else, and the whole thing is now a huge pain in the ass. If you say anything like that to the jury, it's prosecutorial misconduct and the conviction will certainly be reversed on appeal.

      If you're talking about "say whatever the hell you want", you must be thinking of defense attorneys. A defense attorney is expected to zealously advocate for his client, and if he says something outrageous, he suffers no harm for it. If a prosecutor says something he shouldn't, he probably loses his conviction to prosecutorial misconduct.

      So I have my doubts about this "alleged death threat" by an NJ prosecutor. Especially since New Jersey has a moratorium on the death penalty and hasn't executed anyone since 1976.
      --
      For all we know the moon may be as conscious as a poet or a realtor, and extremely weary of its monotonous round. - HLM
    26. Re:to extradite or not to extradite by praksys · · Score: 1

      Huh? Since when is is the legal system dependend on per capita basis?

      I'm not sure what you're asking. My point was that most of the free world still has the death penalty. Indeed some places in Europe would still have the death penalty if the public had any say in the matter.

      Besides, did you count in (or rather out) all the states (well, follow your reasoning, all the people from those states) in the USA where capital punishment has been abolished? And doesn't India have states too, where laws differ?

      Laws at the federal (or national) level in the US and India allow for the death penalty.
    27. Re:to extradite or not to extradite by Jtheletter · · Score: 1

      where due process and habeas corpus have recently been ruled to not apply to "enemy combatants," a designation which is applied to non-citizens solely at the discretion of the executive branch.

      According to the Military Commissions Act of 2006 the President can declare ANYONE an enemy combatant, regardless of citizenship: foriegn, naturalized, or citizen-by-birth. This is a key distinction that I often see made that is simply untrue, a lot of people shrug off the suspension of habeas corpus because "it can't happen to me" but it can. I hate the fact that some people seem to accept it for even this reason, there should be outrage that it is suspended at all for reasons other than what is clearly provided for in the Constitution - rebellion or invasion - neither of which have occurred.

      For a quick reference, check the wikipedia article on it, it cites many useful sources under the 'Criticism' section, in particular see notes 17, 22, and 24.

      --
      -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    28. Re:to extradite or not to extradite by UbuntuDupe · · Score: 1

      Hey, I'm not *that* bothered by a diphthong in tube -- but there is such a thing as overkill. "tyoob" wouldn't bother me, but when you tilt the scales toward the "teeeeeee" ... then, you're askin for it :-P

    29. Re:to extradite or not to extradite by N3wsByt3 · · Score: 1

      Well, I was pondering about why you would want to count the death penality in function of a per capita calculation.

      Anyway, let's not dodge the ball! ;-)

      You said: "BTW, if you count countries, then most democratic countries do not have the death penalty, but if you count population then most of the democratic world has the death penalty (the US, Japan, and India, alone make up more than 2/3s of the democratic world)."

      Note the "*has* the death penalty". Thus, it was not about what governments 'allow'. I'm sure the USA allows the EU to have capital punishment as well, but that doesn't mean we have it.

      Thus, I'll repeat my question: did you incorporate (= left out) all the populace living in the states in the USA and India that don't have the death sentence? If you count population and not the countries, as you said, then it doesn't matter whether the country allows it, it matters if the population has it. If states don't have the death penalty, then obviously, the populace in those states don't have it either (as far as they're living there). If, say, half of the states (and thus the people in those states) would turn out not to have the death sentence, it's obvious your conlusion would not be correct.

      --
      --- "To pee or not to pee, that is the question." ---
    30. Re:to extradite or not to extradite by raddan · · Score: 1

      Your're right. Spot on. I work with sales reps who have NJ as their territory. Combine 'salesman' with 'New Jersey', and holy shit... when their computers break, I'd rather unplug the phone and let them email me instead. The California reps are laid back to a fault. Not to stereotype. Or anything.

    31. Re:to extradite or not to extradite by Quila · · Score: 1

      The govenments made a deal, where the USA 'promised' they wouldn't actually deal out the capital punishment to that citizen.

      This is standard practice according to treaty, and has been for a long time. It's not just a 'promise,' but part of the terms of the extradition. I don't believe we've ever violated them, because if we did we'd never get an extradition again.

      that EU-person got an illegal advantage which no ordinary US citizen gets.

      If you kill someone, quickly take a flight to Germany and claim asylum for being subject to the death penalty. You'll get the same treatment.
    32. Re:to extradite or not to extradite by praksys · · Score: 1

      When I said that US and Indian federal laws "allow" for the death penalty I meant that the death penalty is a possible punishment, but not a mandatory punishment, for certain federal crimes. In other words there are certain crimes for which you can be executed regardless of which state you are in, so the whole of the US and India have the death penalty.

    33. Re:to extradite or not to extradite by Dannon · · Score: 1

      That being said, if I were the U.K. I sure as hell wouldn't extradite one of my citizens to a country where due process and habeas corpus have recently been ruled to not apply to "enemy combatants," a designation which is applied to non-citizens solely at the discretion of the executive branch.

      Correct me if I'm wrong here, but as far as I know, everyone who's been declared as an "enemy combatant" so far was, at one point or another, captured during the course of... well, y'know... combat. Hard to call someone a combatant with a straight face if there's no combat involved, I'd think. If you know of any examples to the contrary, I'd be glad to hear them.

      Not saying that this abuse of power couldn't happen, or that it hasn't. I just don't think it any good to cry wolf. I mean, every country out there has laws that are ripe for abuse, and those laws should be lobbied against, always. I'd just be interested to know if these laws actually have been abused before I decide how upset I need to get right now.

      --
      Good judgment comes from experience.
      Experience comes from bad judgment.
    34. Re:to extradite or not to extradite by Quzak · · Score: 1

      Quote:
      However, hacking is not a capital offense under any jurisdiction, so far as I am aware. When the prosecutor said he would fry, it was a figure of speech.

      No, that is NOT a figure of speech. That is a threat against another person and is illegal. Also it is not the job of prosecutor to decide punishments (only recommend) that is up to a Judge/Jury.

      He said, "He would fry". This denotes a statement of fact, EG a threat.
      He said, "He should fry". This denotes opinion and is acceptable.

      Sadly we will never see him punished for those statements.

      --
      Support your local school shooter, give them your firearms.
    35. Re:to extradite or not to extradite by Zenaku · · Score: 1

      Well, I'm not going to spend my afternoon chasing down an exhaustive list, but we can start with Jose Padilla (Who may well have had ties to terrorism but was certainly not captured in "combat") and Canadian Maher Arar, who was arrested by the U.S. during a stopover in New York on his way home to Canada and turned over to Syria, tortured, and later exonerated.

      I'll admit that I don't even know if they bothered declaring Arar a combatant -- when you render someone to a secret foreign torture sight and nobody knows it, you don't have to designate them anything.

      But all the major legal challenges to the Bush Administration's assertions about what it's powers are on this subject have been based on cases like Padilla and others, who were not captured on any battlefield, but simply arrested at an airport on "suspicion of having ties to terrorism."

      Are there other cases? I'm confident I have read of others. Can I produce them on demand without a lot of web searching that I don't want to do right now? No. But there's a couple of names to start with if you feel like searching for yourself.

      --
      If fate makes you a motorcycle, you become a motorcycle.
    36. Re:to extradite or not to extradite by Anonymous Coward · · Score: 0

      He said, "He would fry". This denotes a statement of fact, EG a threat.

      As you seem intent on being pedandic about it, I'm gonna have to call you on it. "He would fry" is future indicative tense, and denotes the prosecutor's opinion on what is likely to happen. As you yourself pointed out, he has no authority to decide punishments.

      It is no more a statement of fact than "My team will win the super bowl next year," or "Spiderman 5 is going to suck."

    37. Re:to extradite or not to extradite by N3wsByt3 · · Score: 1

      Ok, let me see if I got this right:

      Are you saying that if, for instance, florida makes a law which explicitly forbids capital punishment, for whatever reason, but a citizen in florida does something in Florida which allows the federal governement to ask for the deathpenalty, he risks being put to death in florida anyway, regardless of the states' own laws?

      If that's the case, obviously, one can't remove the populace even from states where the death sentence has been abolished. Are you sure this is the case, even in India and such?

      --
      --- "To pee or not to pee, that is the question." ---
    38. Re:to extradite or not to extradite by Anonymous Coward · · Score: 0

      I bet you believe abortion is civilized... particularly state funded abortion.

      Just a hunch.

      http://dictionary.reference.com/browse/Consistency

    39. Re:to extradite or not to extradite by Quzak · · Score: 1

      That is quite true. However note the person that it is coming from. A Prosecutor. I am not looking at the statement of an individual, but rather that of a professional.

      --
      Support your local school shooter, give them your firearms.
    40. Re:to extradite or not to extradite by praksys · · Score: 1

      Are you saying that if, for instance, florida makes a law which explicitly forbids capital punishment, for whatever reason, but a citizen in florida does something in Florida which allows the federal governement to ask for the deathpenalty, he risks being put to death in florida anyway, regardless of the states' own laws?

      That's correct - state law cannot override federal law. In the US there is some division of legislative authority between the federal government and the states. The way it works is that the federal government can make laws about *almost* anything, but there are certain specific issues that only the states can make laws about. In India the division of authority is less robust. Although there are some matters that the states typically deal with, I don't think there is anything in the constitution that prevents the federal government from making laws about whatever it likes.
  10. The moral of the story... by DragonPup · · Score: 4, Insightful

    Don't try to gain unauthorized access into the freaking Department of Defense network, and then basically admit to it.

    For a smart guy, he's rather stupid.

    --
    "Useless organic meatbag" -HK-47
    1. Re:The moral of the story... by Anonymous Coward · · Score: 1, Insightful

      I'm not saying that's why he did it, but it is certainly something that needs more public awareness and resistance: The EU, and its individual member states, will extradite their citizens to a country that has the death sentence, abducts people, detains people without due process and tortures people. And that country has a hackable DoD network.

    2. Re:The moral of the story... by Frozen+Void · · Score: 1

      See my sig.

  11. End justifying the means? by Critical+Facilities · · Score: 3, Insightful

    From TFA
    ...has always maintained that he was motivated by curiosity and that he only managed to get into the networks because of lax security.

    So by that rationale, if I can kick in your front door to get into your house, is it your fault for not having a better door lock/frame?

    1. Re:End justifying the means? by Anonymous Coward · · Score: 0

      No, by the same rationale, if you left your door slightly ajar, its not his fault for pulling it open the rest of the way and walking straight in just in order to look around.

    2. Re:End justifying the means? by Rob+the+Bold · · Score: 5, Funny

      So by that rationale, if I can kick in your front door to get into your house, is it your fault for not having a better door lock/frame?

      I still don't get it . . . Maybe you could use a car analogy.

      --
      I am not a crackpot.
    3. Re:End justifying the means? by Billosaur · · Score: 1

      No, he's saying he found your key under the mat and let himself in to have a look around, believing you're hiding secret spaceship technology somewhere in your house that you're not sharing with the rest of the world. The man is a loon, pure and simple; I suspect the Brits will be more than happy to extradite him, simply to be rid of him.

      --
      GetOuttaMySpace - The Anti-Social Network
    4. Re:End justifying the means? by Aladrin · · Score: 1

      So by that rationale, if you lock you car door, but leave the window open a crack and I ue that to steal your car, is it your fault for not rolling up your window?

      There, I think that does it ;)

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    5. Re:End justifying the means? by Critical+Facilities · · Score: 1

      I still don't get it . . . Maybe you could use a car analogy.


      Sure. If you park your car in a poorly lit parking lot/deck with no security and leave the top down with the key in the ignition and the stereo blaring with a giant sign on the windshield that says "Please steal me" and....

      ah, forget it.
    6. Re:End justifying the means? by MrShaggy · · Score: 1

      So you there would still be entering someones house, which I still think is break and enter, and mischief, not to mention trespassing.

      Especially if you left your drivers license there.

      It doesn't matter what kind of lock is on the door.

      In your country, its ok for the owner of the house to shoot you. If you're in there.

      --
      I have mod points and I am not afraid to use them.
    7. Re:End justifying the means? by clickclickdrone · · Score: 1

      break and enter
      If you can just wander in without force, it's not B&E

      trespassing
      Only if they can prove you had intent to cause damage/trouble. Bizarrly, in theory, you can walk in to a strangers house and stand there quite legally. Better yet, if you hurt yourself in their house, you can sue them.
      This is one area where I'm more of the American persuasion. If someone is in your house and you don't want them there, you should be entitled to use lots of force to get them out.
      --
      I want a list of atrocities done in your name - Recoil
    8. Re:End justifying the means? by Anonymous Coward · · Score: 0

      You can claim squaters rights and stay there for quite a while too

    9. Re:End justifying the means? by Anonymous Coward · · Score: 0

      So you there would still be entering someones house, which I still think is break and enter, and mischief, not to mention trespassing.
      If someone left the door ajar, you haven't broken anything, silly.
    10. Re:End justifying the means? by toonevdb · · Score: 1

      He didn't change anything so he didn't kick(force) any door. If you leave your door open, it's not a crime to enter your house. I wouldn't say he didn't do anything wrong but his motives are just. He wanted to know something, didn't plan any attack or threat. In my opinion, he should receive a mild sentence like a fine or community service.

    11. Re:End justifying the means? by lawpoop · · Score: 1

      " So by that rationale, if I can kick in your front door to get into your house, is it your fault for not having a better door lock/frame?"

      "I still don't get it . . . Maybe you could use a car analogy.
      "

      If I can kick in your driver's side door to get into your car, is it your fault for not having a better door lock/frame?

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    12. Re:End justifying the means? by Anonymous Coward · · Score: 0

      yeah according to most insurance companies

    13. Re:End justifying the means? by Quila · · Score: 1

      If you can just wander in without force, it's not B&E

      Even pushing open a door or lifting a window is enough force to qualify for B&E. The only way you get out of it is if the door or window were left sufficiently open for you to enter without touching a thing. I think "administrator/[blank]" is the equivalent of opening an unlocked door.

      Only if they can prove you had intent to cause damage/trouble.

      They overlap. In general, trespass requires damage even of the slightest amount (scuffing the floorboards applies) or deprivation of the owner's use of the property in any way. However, that can be civil tort or a misdemeanor offense. If you go in with any criminal intent, it's burglary (no theft needed) or criminal trespass. Laws vary by state, YMMV.

      Of course we're dealing with none of those laws here, since his actions fall under federal computer trespass laws.
    14. Re:End justifying the means? by turing_m · · Score: 1

      Ok, so if I kill you by colliding into your Honda Insight with my Ford Expedition, is it your fault for not driving a Hummer?

      --
      If I have seen further it is by stealing the Intellectual Property of giants.
  12. Go To Jail, Do not Pass Go by sycodon · · Score: 2, Interesting

    maintained that he was motivated by curiosity
    Hmmm... .I wonder how easy it is to get into...(insert anything here).

    B.S. The guy is a hacker who purposely broke into a system he was not supposed to be in. He knew it. He knew it was improper and illegal.

    It's no different that getting into bank accounts, credit card accounts, school records, etc.

    If you excuse him, then no one can bitch and moan about hackers and vulnerabilities in Windows, OS X, Linux, or anything else.

    If we are serious about computer security and viruses, and everything else, this guy must go to trial and probably go to jail.
    l.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    1. Re:Go To Jail, Do not Pass Go by C4st13v4n14 · · Score: 0
      It's not about excusing him, it's about not sending him to a barbaric country where he will be tortured, held indefinitely without a fair trial, and possibly executed. It's bad enough that he'll never have a normal life now. Why not let the poor geezer stay in England and serve his time there? He's already sorry for what he did. He doesn't really know anything. He didn't steal highly classified information.

      If we are serious about computer security and viruses, and everything else, this guy must go to trial and probably go to jail.
      If we are serious about computer security, then we should get serious about computer security already!
    2. Re:Go To Jail, Do not Pass Go by ElephanTS · · Score: 1

      If *they* were serious about security they wouldn't have left default admin settings on hundreds of machines. Gary talks of seeing many people from round the world doing the same thing he was as the security was so bad. He only had a 56k modem, hardly the connection of choice for an uber-hacker.

      This case I believe is a disgrace.

      --
      spoonerize "magic trackpad"
    3. Re:Go To Jail, Do not Pass Go by voice_of_all_reason · · Score: 1

      It's no different that getting into bank accounts, credit card accounts, school records, etc.

      For that particular example, yes. Usually those who commit the act of stealing credit card numbers have to deal with the state suggesting the intent of malicious use. If this guy is not being charged with such, it's highly likely there is zero evidence of it.

      If you excuse him, then no one can bitch and moan about hackers and vulnerabilities in Windows, OS X, Linux, or anything else is a false dilemma. There is a middle ground (sentencing him for the commiting an act without the malicious intent.

    4. Re:Go To Jail, Do not Pass Go by Anonymous Coward · · Score: 0

      It's not about excusing him, it's about not sending him to a barbaric country where he will be tortured, held indefinitely without a fair trial, and possibly executed.

      Time to give up drugs, dude.

    5. Re:Go To Jail, Do not Pass Go by sycodon · · Score: 1

      So would it be ok for him to go around a neighborhood and checking the front doors? If one is unlocked, could he then just walk in a take a look around? Would you be ok with him doing that at your house? Lousy locks or unlocked doors is no excuse fo trespassing.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    6. Re:Go To Jail, Do not Pass Go by sycodon · · Score: 1

      This is the sort of thing a trial woulid sort out. Given our justice system, it is likley he would plea bargin and get probation or a fine or both. Who knows, hell, child molesters get probation many times, especially in New Jersy.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    7. Re:Go To Jail, Do not Pass Go by toonevdb · · Score: 1

      There's definitely a difference in hacking bank accounts to get rich and snooping around in information that you're not supposed to see, at least to me. There must be degrees to computer crimes, I suppose.

    8. Re:Go To Jail, Do not Pass Go by Cederic · · Score: 1


      No idea why you've been modded down to 0, but you're entirely correct.

      He did something stupid, so lets put him on trial and (if found guilty) send him to prison.

      He did it while he was in the UK. So lets try him in the UK.

      Extraditing him to a country reknowned for its inability to apply justice fairly, where a prosecutor is making pretty fucking wrong statements about how he'll be treated, where torture is Government sanctioned and prison-rape a national pastime is what's pissing off so many people in the UK.

      Nobody (I've heard) is saying he should get off scot-free. What is being said is, he's in the UK, he broke UK laws, try him here, and don't hand him over to the US.

    9. Re:Go To Jail, Do not Pass Go by sycodon · · Score: 1

      Yes.

      Remember, this is New Jersy we are talking about, the armpit of America.

      The prosecuter was doing what they do best, breaking wind for the media.

      In the end, a trial is what will sort out the degree of the crime.

      But, tell me this, would you be happy if he just walked into your house and looked around just because the door was unlocked or had a flimsy lock? How would you fell knowing he did it...maybe more than once?

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    10. Re:Go To Jail, Do not Pass Go by Anonymous Coward · · Score: 0

      Yeah, people are saying he should get off scot-free, since he didn't crack any UK-based systems. That loophole is now closed.

      He had it coming. Send him to Egypt or Saudi Arabia, in fact. Or China, since he probably gained access there, too. Which would you prefer? Or should the Americans turn him over to those other countries when they are done with him? I would fully expect to be sent overseas if I cracked someone's system over there.

      These little bastards play this like it's a game, until they get caught, then they howl "Human rights!" while they neglect to understand that they violated someone else's.

      He had it coming.

    11. Re:Go To Jail, Do not Pass Go by ElephanTS · · Score: 1

      No, I know but conversely if you left your door open would you be surprised to find you were burgled one day? Would you expect much sympathy if that happened? I don't like that he is portrayed as a criminal threat when all did was log into machines that were left wide open on the internet using bog standard Windows admin techniques which most people here could do without thinking. He shouldn't have done it but a simple password would have kept him out. He was only looking for wacky Area51 stuff because he appears to be interested in free energy. That I think is misguided but he should not face the rest of his life in jail on foreign soil. That is wrong and typical of the ridiculous justice that is handed out to 'hackerz'.

      --
      spoonerize "magic trackpad"
    12. Re:Go To Jail, Do not Pass Go by phorm · · Score: 1

      If you excuse him, then no one can bitch and moan about hackers and vulnerabilities in Windows, OS X, Linux, or anything else.

      So try him in his own fucking country then. The arguement is not whether he should be tried or even go to jail, but rather that he's being sent to the US rather than being tried in his home country (and he's not a US citizen).

    13. Re:Go To Jail, Do not Pass Go by Anonymous Coward · · Score: 0

      "The guy is a hacker who purposely broke into a system"

      For Christ's sake! A "hacker"? "Broke into a system"? The guy simply made a connection to some unprotected microsoft windows' shares wide opened to the Internet!

  13. This is crazy by hairykrishna · · Score: 1
    I can't believe they managed to extradite him. Blowing it up into 'the biggest millatary hack ever' seems a bit over the top. From what I read he scanned for default passwords and installed publically available trojans while leaving a clear trail back to himself.

    He is both incompetant and a bit crazy (he was looking for UFO evidence...) Why go to all this trouble to lock him up?

    --
    "Physics is to math as sex is to masturbation." -R. Feynman
    1. Re:This is crazy by couchslug · · Score: 1

      As an example to other people who think that they are so special and precious that your/my/anyone elses computer they fancy is fair game.
      "Why go to all this trouble to lock him up?"
      There are some people who don't "get" this, so we step on a few to send a message.

      If he were a burglar who just wanted to look around and fiddle with the premises, he'd still go down for breaking and entering.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    2. Re:This is crazy by Anonymous Coward · · Score: 0

      He found UFO stuff.

    3. Re:This is crazy by curecollector · · Score: 1

      If he were a burglar who just wanted to look around and fiddle with the premises, he'd still go down for breaking and entering.

      Take it one step further: if were a burglar who went in to where he wasn't welcome, looked around AND installed a webcam overlooking the shower, bedroom, what-have-you.

  14. Sad by Bralkein · · Score: 1

    This guy has clearly committed a crime, and I certainly think that there ought to be some repercussions regarding that. Nonetheless, I can't help but feel that he's being treated very unfairly. The guy is crazy, as evidenced by the fact that he was actually cracking the machines to look for complete conspiracy theory stuff; he wanted to find information about UFOs, anti-gravity technology and "free energy". In addition, he cracked the machines using a simple perl script to find machines with blank or default passwords, which demonstrates that he's not some elite danger-to-society hacker genius.

    I think it's awfully sad that this guy is going to be shipped off to a foreign prison for 45 years, for what honestly seems to be a matter of US pride.

    1. Re:Sad by rjshields · · Score: 1

      It is indeed very sad. Using the playground bully analogy that people have been using for the USA, if you humiliate the playground bully he's going to hit you very hard or else lose credibility as a bully.

      --
      In this world nothing is certain but death, taxes and flawed car analogies.
    2. Re:Sad by Alioth · · Score: 1

      Assuming he's not already in custody, I'm surprised he hasn't gone on the run. A 45 year sentence from what he is surely expecting to be a kangaroo court means at this point he essentially has nothing to lose, as he's likely to die in federal pound-me-in-the-ass prison.

  15. No Surprise Really by segedunum · · Score: 4, Insightful

    This is no surprise really. Sadly, Britain has become another state of the US and a bitch that bends over at every available opportunity when the US government asks, and people like Blair and John Reid have been happy to go along with it. The favours are not returned, needless to say (witness the current Iran hostage problem).

    The CPS (Crown Prosecution Service) have even stated that there is insufficient evidence to go ahead with a prosecution, but as soon as the US steps in (using some very murky agreement related to terrorism the last I looked) the seas (or should I say, the legs) part. If there are grounds for deportation then fine, but sadly, if this guy had sneezed he would have been on the next plane if the US asked.

    As a British person I find all this humiliating to see, and quite frankly, treacherous now. I'm not having a go at the US or Americans here. This is a British problem, and one related to standing up for itself, self respect and knowing what its own self interests are. The US are merely looking out for theirs.

    1. Re:No Surprise Really by Raistlin77 · · Score: 1

      the seas (or should I say, the legs) part

      A more appropriate analogy would be the ass-cheeks part...

    2. Re:No Surprise Really by BlueTrin · · Score: 1

      I, for one, welcome our new overseas governing overlords !

      --
      Don't you know it is now both immoral and criminal to think beyond the next quarterly report?
    3. Re:No Surprise Really by sumdumass · · Score: 1

      Ok, the Iran thing is of no importance here but as a side note, Bush has publically stated that we are with them in anything they need. He went on to state he wishes to avoid violence with Iran but isn't taking that off the table, it is England's call.

      Also we have had extradition treaties for most of the history between the two countries. Just because the latest rendition happens to follow signs of the times is also irrelevant. We have given criminals to England and they have done the same for us in the past.

      Finally, I think your correct in that it is a British policy and problem. However, i don't think it is as much of a problem as it could be. For one, the majority of the British war machine has been dismantled. Their large fleet of warships are mostly in mothballs and would take over a year to bring them back into service with another year to competently train crews for them. An overwhelming show of force right now could get the hostages back without firing a shot. But in Iran's eyes, they are just another punk kid on the block in much the same ways they viewed America after Vietnam when the latest rage was to get rid of the military spending.

      When people clamor abut diplomacy instead exacting their will on other countries, you get this type of behavior. Iran see this as a way to provoke a country not able to finish a war if one started and this gives them some relative impunity to their actions. Now, they are attempting to use this as a bargaining chip to get better deals and so far the responses has been to ask them to please return the soldiers. Eventually someone has to break and give in, Iran doesn't have much to lose so it will probably be England. And unfortunately, England doesn't have the military power any more to scare Iran into thinking it has more to lose even f shots were never fired.

    4. Re:No Surprise Really by clickclickdrone · · Score: 2, Insightful

      Their large fleet of warships are mostly in mothballs and would take over a year to bring them back into service with another year to competently train crews for them.
      No, not in mothballs, just run down in numbers and has been since WW2. Modern warfare that the UK is ever likely to be involved in just doesn't need them. We're still keen on our nuclear subs (well, Blair/Brown are anyway). As our own head of the armed forces noted, the sort of wars that get fought these days are different and we need forces more used to small fast attacks against terrorists and such like.
      --
      I want a list of atrocities done in your name - Recoil
    5. Re:No Surprise Really by goldaryn · · Score: 1

      Sadly, Britain has become another state of the US

      I blame the .uk.com domains..

    6. Re:No Surprise Really by jimicus · · Score: 1

      More or less by definition, you can't declare war in any conventional sense on a ragtag bunch of terrorists. Or even on a well-organised bunch of terrorists. As often as not, they don't have any specific land, sea or airspace to defend - just ideas and/or the desire for land/sea/airspace.

      The closest you can come is declaring war on any country you think may be harbouring them, which is an extremely dubious route to go down. Before you know it you'll have any other country in that area starting to get jumpy, and looking for some way to strengthen their hand.

      Oh look....

    7. Re:No Surprise Really by clickclickdrone · · Score: 1

      Hey, you don't need to convince me. War on Terror is the ultimate oxymoron from where I'm sitting.

      --
      I want a list of atrocities done in your name - Recoil
    8. Re:No Surprise Really by sponga · · Score: 1

      I agree there are a lot of people around here who have no idea that there have been countless extraditions back to Britian.

      There was recently in my town Seal Beach,CA where a Irish bartender who was caught up with the IRA and a murder of a British police officer back a long time ago; apparently they wanted to try him for murder for that crime so long ago.
      We tried to raise money for his lawyer but in the end he was extradicted.

    9. Re:No Surprise Really by Idarubicin · · Score: 1

      The favours are not returned, needless to say (witness the current Iran hostage problem).
      A question for the class: Would the present situation between Iran and the UK be

      a) better, or
      b) worse
      if Bush were to jump in and started saber-rattling?

      Honestly, do you think a peaceful resolution and return of the soldiers would be more likely if the Great Satan started making ultimatums?

      --
      ~Idarubicin
    10. Re:No Surprise Really by yusing · · Score: 1

      The "current Iran hostage crisis" bears the earmarks of a manufactured product.

      And so does the example being made of McKinnon. The US Military certainly has the budget and talent to secure its computers. Most likely they were waiting for McKinnon, or someone like him, like they were waiting for a terrorist attack in 2001. The words applied to Mick Jagger's arrest come to mind.

      --

      "You must try to forget all you have learned. You must begin to dream." -- Sherwood Anderson

    11. Re:No Surprise Really by sumdumass · · Score: 1

      And that has backfired in this case. Maneuvering to a complete blockade of Iran to pressure them for a return of the soldiers is almost impossible. Previously, Briton was able to blockade entire ports along the enemy armaments and still take care of business. Now, they won't be able to effectively control two waterways in a way to pressure Iran to release the soldiers.

      I understand the reasons behind the movement. I understand wanting to relax the war stance and I understand wanting to spend the funding in other places or not spend it at all. I just think it is sad that it went in excess of their needs for defense and because of that they have become the little bitch of a more or less crippled country. And yes, The USA has too but we saw wars preventing some of it. IF there were a couple dozen cruisers with newer weapons systems and an aircraft carrier or two, They could effectively stop any and all trade to Iran and pressure the release of the hostages without firing a shot. I guess then they would be hated like America is, but I think that would be an acceptable price to pay.

      I think the worst thing about Iran taking these soldiers is that they calculated they could with acceptable reprisals. If Briton was still a superpower in the way they were, I doubt this would have happened. And I also doubt the soldiers would still be held by Iran this late in the game. But this is coming from personal opinion. We can't guarantee the future would have been different to our advantage if we done certain things in different ways. It would be more appearent on the real intent of Iran. I think this intent is to either force Briton to take a stand contrary to their current position or provoke a fight to destabilize the rest of the region. The later is likely to happen because Iran has the upper hand at the moment. Caving to demands because of terrorist like activities (even though they justified it in someway) would only encourage others to do the same when they wanted something they weren't getting. And I think this is something a lot of people miss in the big picture.

    12. Re:No Surprise Really by Anonymous Coward · · Score: 0

      Most of the fleet is not in mothballs. Most of the fleet gets scrapped when it's no longer wanted. HMS Invincible is a notable exception (and 18 months reactivation, kept until 2010 is clearly just so that we still have the hull until the new carriers are ready rather than a serious attempt at preserving expanded capacity long term).
      You're thinking about the US Navy (which does mantain a substantial mothball fleet).
      On a side note, conventional military power is not what's needed here, an extremely fast, extremely sharp surgical strike by the SAS to rescue the prisoners before the Iranians know what's hit them is what's needed here. Britain doesn't have the power to threaten Iran (8th largest army in the world), but it does have the best special forces on the planet.

    13. Re:No Surprise Really by toxicity69 · · Score: 1

      If Briton was still a superpower in the way they were, I doubt this would have happened.

      Iran took hostages from the US Embassy in the eighties, so I doubt superpower status has any bearing on what that country will do.
    14. Re:No Surprise Really by sumdumass · · Score: 1

      Actually, I think it was the late 79 early eighties. When Reagan took office, the hostages were released and the big conspiracy was that Bush SR took an SR71 to Iran, negotiated some deal and then flew back in time for the inauguration of Reagan. The US was just kicked out of Vietnam less then a decade ago (following Korea) and instead of helping Iraq defend Kuwait we just funded Iraq in their efforts against Iran. The US was still highly anti war and seen as being very week back then. Briton was the worlds superpower er should I say the combination of the US and Briton were. This is what kept the rusians in line until Reagan built the war machine up and introduce one of the greatest anti-nuclear war strategies to date (mad). We increased our strike size, updated our weapons, reworked our strategies, and were considered a superpower on our own.

      One of the problems with this is that a good portion of our superpower status includes the nukes we have but we won't use them unless it is a direct response or last resort. Our air power only goes so far and is almost worthless in the situation we are in today for tactical protection. We are learning and are attempting to make some of these nightmares of cartoons a reality. For better or worse.

    15. Re:No Surprise Really by sumdumass · · Score: 1

      You may be correct in the US having the mothball fleet. Although I was under the impression England had dome something similar with recent decommissioned vessels.

      But suppose the SAS cannot find the location of the hostages? Surely a complete navel blockade isolating the entire country would produce live prisoners. This is what I'm thinking of. Iran relies on exports to a certain degree, and imports to a greater degree. In less then three months, I'm willing to bet Iran would "let" them escape to let this blow over. But if it was even seen as possible for Briton to just take them over and remove the government from power, the idea of taking them in the first place would have been less likely to materialize.

  16. Blame the messenger by athloi · · Score: 1

    Yes, he's guilty. No, busting him won't solve the larger problem. American prosecutors seek to deter criminals by coming down hard on a test case, but the biggest threat to them is probably foreign espionage. American hackers are more interested in Second Life and World of Warcraft accounts than busting into their government's networks.

  17. Re:WTF?? by symes · · Score: 4, Informative
    Indeed, he seems pretty down to Earth in this interview. Well, I say down to Earth...

    "What was the most exciting thing you saw?" I ask.

    "I found a list of officers' names," he claims, "under the heading 'Non-Terrestrial Officers'."

    "Non-Terrestrial Officers?" I say.

    "Yeah, I looked it up," says Gary, "and it's nowhere. It doesn't mean little green men. What I think it means is not earth-based. I found a list of 'fleet-to-fleet transfers', and a list of ship names. I looked them up. They weren't US navy ships. What I saw made me believe they have some kind of spaceship, off-planet."

    "The Americans have a secret spaceship?" I ask.

    "That's what this trickle of evidence has led me to believe."

    "Some kind of other Mir that nobody knows about?"

    "I guess so," says Gary.

    "What were the ship names?"

    "I can't remember," says Gary. "I was smoking a lot of dope at the time. Not good for the intellect."

  18. Curiosity Killed Gary by C4st13v4n14 · · Score: 5, Insightful

    I've been watching this story for some time now. As an American living in Europe, and as a forensic psychiatrist, I really feel sorry for this guy. I know how they treat prisoners at home as I've worked with them, and I know how they treat them over here as I work with them now. If he gets shipped over to the States, he will have his human rights violated. Being a high-profile prisoner, they'll never let him serve any part of his prison term in the UK and his family will never be able to visit him. Basically, he'll never see the light of day again. With all the threats made against Gary, especially what this idiot in New Jersey said, and with all of his supporters, I don't see why he hasn't won his fight against extradition. It must have to do with politics. America has to be putting significant pressure on the British government to make this one go their way. We, unfortunately, would never see these reasons reported in any newspaper thus we can only speculate.

    He's never said that he didn't do what he's accused of, and he's always said that he only did it out of curiosity. He didn't even steal anything, let alone national secrets. It's really a shame that he didn't pick a target somewhere within Europe to satisfy his curiosity. They would have been a little more lenient and his subsequent time in prison could actually be bearable. After all, why should he go to prison? He's already very sorry that he did such a thing, he's beginning to fall ill because of the immense stress and feeling of impending doom of getting extradited, and prison is not only about punishment, it's about rehabilitation.

    1. Re:Curiosity Killed Gary by heinousjay · · Score: 1

      After all, why should he go to prison? He's already very sorry that he did such a thing

      Hahahahahahahahahahah.

      Hahahahahahahahahahah.

      Thank you so very much for that. I haven't laughed so hard in such a long time. What a great joke...

      Oh, you weren't kidding, were you.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    2. Re:Curiosity Killed Gary by flickwipe · · Score: 1

      The punishment for the first crime (death by chair) should prevent any further misdemeanors.

    3. Re:Curiosity Killed Gary by Quiet_Desperation · · Score: 2, Funny

      He's already very sorry that he did such a thing

      Oh, well, why didn't anyone say so?! Case dismissed!

    4. Re:Curiosity Killed Gary by C4st13v4n14 · · Score: 0

      You took that completely out of context. It's a legitimate, non-rhetorical question. I don't see you making any attempt to answer it nor do I see you formulating an intelligent response. In Europe, generally speaking, prison is more about rehabilitation than penalising. Since you didn't understand the question, let me rephrase it: How should Gary be rehabilitated and does he need it?

      The bottom line is that Gary is British, not American, and the last I checked, is not subject to being extradited to any country where they treat prisoners inhumanely. Do you find that funny, too? How would you feel if someone from your country was extradited to the UK?

    5. Re:Curiosity Killed Gary by NDPTAL85 · · Score: 1

      Does the rehabilitation work though? Or does it just allow the criminal to get off with a lighter sentence?

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    6. Re:Curiosity Killed Gary by Anonymous Coward · · Score: 0

      I am curious about having sex with your wife...
      I'm sure you would not mind if a broke into your house one night to satisfy my curiosity. Then if you were upset about it, I would say, "I am sorry." And you could make me tea.
      "forensic psychiatrist" my ass

    7. Re:Curiosity Killed Gary by xtracto · · Score: 3, Informative

      If he gets shipped over to the States, he will have his human rights violated.

      Somehow, I believe something *more* than his human rights will be violated.

      What I dont understand is why the UK does not understand that he commited whatever crimes he commited in the UK. As you said, there is surely some kind of political agenda before this... poor sucker. Of course I do not condone what he did, he indeed commited a crime but he should be judged and charged *where* he commited it, in the UK and not in whatever country wants who wants to charge it.

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    8. Re:Curiosity Killed Gary by ElephanTS · · Score: 4, Insightful

      Yes, well said. I've followed Gary's case closely (unlike most people that seem to be commenting here) and know what he actually did. Which was, as we know, very little and nothing to damage national security. He was chasing the 'free energy' dream and secrets of Area51 as some kind of personal project. He was naive (I would have used a chain of proxies ahem) but the security was minimal and invited attacks. He claims he saw other people up to the same thing while he was there but for some reason he seems to carry the can for everything.

      He doesn't appear that bright - just a very standard computer guy with some Windows admin skills. The punishment here will not fit the crime and a man's life will be wasted because of this. It's insane and I feel very sorry for him. If they cared so much about the contents of these computers why did they not secure them?

      And, as you say quite rightly, punishment should not be purely vindictive there must be an element of rehabilitation as well.

      --
      spoonerize "magic trackpad"
    9. Re:Curiosity Killed Gary by heinousjay · · Score: 1

      The context is meaningless to that statement. I'm sure if offered the opportunity to commute any sentence with a simple apology, every convicted felon would be seriously contrite.

      Prison is about three things: rehabilitation (which is indeed a joke in the US, and probably to some degree everywhere), punishment, and protecting society. None of those things are served by an apology.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    10. Re:Curiosity Killed Gary by Anonymous Coward · · Score: 0

      He's never said that he didn't do what he's accused of, and he's always said that he only did it out of curiosity. He didn't even steal anything, let alone national secrets.

      This was the "merlyn defense". It failed quite miserably in Oregon USA. But, good news for merlyn, he recently got a "pardon" or "clemency" or some such (well after the fact) from the Democratic governor of this fine state.

  19. How about Sony then? by TheLink · · Score: 1

    Who is going to jail for the Sony rootkit/trojan incident?

    Or is it one rule for Sony (remember their rootkit thing) and one rule for wacko people looking for UFOs?

    --
    1. Re:How about Sony then? by sycodon · · Score: 1

      Perhaps someone at Sony should go to jail. Certianly, the corporation should be fined big time. I"m talking in amounts large enough to get the attention of stock holders. That way, they would perhaps look at a change in management that would be serious about privacy and security.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    2. Re:How about Sony then? by Hijacked+Public · · Score: 1

      A) No one at Sony is going to jail for the rootkit thing. To answer the original question, yes, there is one set of rules for Sony and the like, and a set for the guy who is the subject of the article. There are several other sets as well.

      2) Even if A were not true the change you propose would not come about. Sony would just lobby for specific rules to protect the same behavior in the future.

      --
      "Sacrifice for the good of The State" - The State
    3. Re:How about Sony then? by sycodon · · Score: 1

      ummm...UFOs?

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  20. hour long audio interview by clintonclinton · · Score: 1

    An hour long audio interview of Gary McKinnon (2006) is here: http://www.binnallofamerica.com/boaa6.24.6.html

  21. Re:WTF?? by morgan_greywolf · · Score: 1

    Shhh! Don't let the Brits know about our secret off-planet spa......&(^^^)&&&&&&&*HG*&^(^*&^*&TT^%$$*

    Look into this light:

    |===(*)===|

    Flash!

    Nothing to see here. Move along.

    Thanks,
    MIB

  22. More information on ... by BlueTrin · · Score: 1
    Free Gary McKinnon (blog)

    From the blog:

    About this blog

    This blog website is intended to support British citizen Gary McKinnon, who is facing "fast track" extradition to the USA (after over three four years since his initial arrest !).

    Gary was indicted by a US court in November 2002, accused of "hacking" into over 90 US Military computer systems from here in the UK.

    The unjust treatment of British citizens (and others) when facing the might of the US Military "justice" sysem, which practices detention without trial in Guantanamo Bay and elsewhere, and stands accused of making use of torture by allied regimes ("extraordinary rendition") is an ongoing scandal. It cannot be excused even by a "war on terror".

    It seems only just that Gary should face any charges in a British court, and to serve any sentence, if he is found guilty, in a British prison.

    Wikipedia Entry: Wikipedia entry for McKinnon Synopsis:

    Gary McKinnon, also known as Solo, (born in Glasgow in 1966) is a British hacker accused by the United States of perpetrating the "biggest military computer hack of all time." Following legal hearings in the UK it was decided in July 2006 that he should be extradited to the United States. In February 2007 his lawyers argued against this ruling in an appeal to the High Court in London [1], which was turned down on April 3 [2].

    Interview (Saturday July 9, 2005)

    From what I just read, he just looks like a typical nerd who is good at hacking systems.

    I think that once again, the judge didn't realize how this represents a violation of human rights and the plaintiffs should bring more proofs of their accusations before to proceed, I am no pro-terrorist, but it is not because you are the army that you should have the right to bring people outside of civil courts (remember Guantanamo Bay and people who were falsely accused, remember the so-called WMD that we never found), unless you have real reasons to conclude that he is a threat and did sell/use information he collected.

    It is much more of an infamy to use such reasons to bring him outside of a civil court using the deaths of the 9/11 than to let him go.

    Though, I would be totally fine with a prison sentence ... and of course, I would be also totally fine with this decision if the army can bring proofs that he misused this information.
    --
    Don't you know it is now both immoral and criminal to think beyond the next quarterly report?
  23. Re:WTF?? by OiToTheWorld · · Score: 1

    I'm not terribly familiar with the case, but from what I've read the guy just looked around and caused no damage. The US motivation for wanting to lock him up then probably has to do with what he's seen (after all, he was looking at highly classified documents), so there might be something to the secret spaceship theory after all...

  24. Re:WTF?? by Anonymous Coward · · Score: 0

    Personally, I'm convinced that he was snared by a "honeypot" operation, which would explain the lax security and the "stuff" he uncovered. Assuming that wasn't all down to the pot.

  25. Grammar fix... by bgarcia · · Score: 1

    Yet the fight is yet not yet over yet.
    There, that's better, don't you not think?
    --
    I'm a leaf on the wind. Watch how I soar.
  26. Death penalty for script kiddies? by fbonnet · · Score: 1
    It's about time! /sarcasm

    Seriously, would the UK bend over like this if the People's Republic of China or Singapore asked them to? Maybe it's really the 51th state after all.

    1. Re:Death penalty for script kiddies? by clintonclinton · · Score: 1

      No ... thats Australia.

  27. (DP == Barbaric) is a theorem? by phunctor · · Score: 1

    That's the OP's fervent opinion, and he proves it to his complete satisfaction by heartfelt repetition. Works for him, I guess, but it's not persuasive outside of the choirbox.

    --
    phunctor
    advocating for better rhetoric since 1967

  28. Security consultant by Peter+Trepan · · Score: 3, Insightful

    Wikipedia says The US estimates claim the costs of tracking and correcting the problems he allegedly caused were around 700,000 USD. It then goes on to say that he hacked the government websites with a Perl script, and found default passwords on their "secure" network. Good think McKinnon found them before China did. (Or did he?)

    Maybe they should treat him as a $700K security consultant.

    --

    Step into a huge movement. Don't Tread In Me.

    1. Re:Security consultant by G0rAk · · Score: 1
      I suspect that $700k is the amount they spent securing the computers in question properly. Of course if they'd spent $700k securing the computers in question properly before Gary attempted his cracking then perhaps we wouldn't be in this situation.

      I further wonder if they want him in Federal custody more so that they can ask him what it was possible for him to see exactly, apart from the whack UFO stuff, as Gary himself has said that there were many other foreign nationals also snooping around at the same time. A damage limitation and mitigation exercise to try and ascertain what might have been compromised by someone more dangerous than a UFO obsessed Weegie pot head.

      --

      Nothing to see here. Move along.
    2. Re:Security consultant by Bloke+down+the+pub · · Score: 1

      Of course if they'd spent $700k securing the computers in question properly before Gary attempted his cracking then perhaps we wouldn't be in this situation.
      It'd be nice to think so, but they'd have probably spent it on hammers and toilet seats - 700 grand doesn't go far these days.
      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    3. Re:Security consultant by dcam · · Score: 1

      Yeah, this raises an excellent point.

      When people claim that someone has caused $x bazillion when hacking some site, they are generally claiming the cost of securing that site. That is money they should have been spending anyway. Saying that someone caused damage by say deleting files, performing a DOS etc is all fair game, but not the costs of actually doing what you should have done the first time.

      --
      meh
  29. Why don't they just hire him? by circletimessquare · · Score: 1

    IF he didn't pilfer and sell any secrets (a big IF, i'm not that familiar with his case), then the US should just hire him. If he pilfered and tried to resell secrets, then let him rot in jail. But otherwise, he's kind of like that Abagnale guy from "Catch me if you Can," the check forger: why let him rot in prison, when his hacks have proven to be useful in hardeing your security? Employ the dude. Put his skillset to useful work.

    Look at it this way Mr. Pentagon bureacrat: would you rather this British dork hack your computers pointlessly? Or a real enemy of the United States? He's already helped you, he has further value to you.

    As a US citizen, I thank the guy for helping to harden my country's military information infrastructure, even though my government is too myopic to admit that this guy has helped us in a roundabout way, and has further value, if it can get over it's idiotic approach to computer security.

    Cripes, we're talking about the MILITARY: moles, spies, double crosses, the whole sorry history of military information is full of this sort of thing. And as any aficionado of military history will tell you, many times has crucial battles been won by using to your advantage people or things that on the surface appear detrimental, but can be coopted to serve for you.

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:Why don't they just hire him? by goldaryn · · Score: 1

      Why don't they just hire him?

      Easy answer: they might, but you'll never find out about it. The number of attemped hacks would increase a hundredfold, as ambitious hackers try to get hired. If what you suggest does happen, it'll only ever happen behind closed doors.

    2. Re:Why don't they just hire him? by Asklepius+M.D. · · Score: 1

      Just a guess here, but you've never served in the military, have you? I've lost count of the number of computer security vulnerabilities I've pointed out to my CSSO (the guy who I'm supposed to tell about this stuff) and been put through the wringer for "questioning the integrity" of the network. (Never did get fixed) The military I served with cared more about form than function (at least in the upper echelons - most of the lower level folks really wanted things to just work). The military is not, as the movies would have you believe, this awesome coordinated organization that bends rules on a whim to save the day against the enemy-of-the-state-du-jour. Nor is it completely populated with bumbling bureaucrats who will penalize you for losing your $20 government issue coffee mug. The truth lies somewhere in between, although in this particular case I think the bureaucrats have control of the ball. Not to mention the fact that this guy wasn't that good. He didn't even bother to cover his tracks. If he'd somehow gotten into TCBS or even SIPRNET, and wandered around for a while without raising any eyebrows, I might agree with you. As it stands he needs to go to jail - in the UK - for a reasonable length of time. Just my 2 cents.

      --
      He who would be a man, must be a nonconformist. -- Emerson
    3. Re:Why don't they just hire him? by dcam · · Score: 1

      circletimessquare found the shift key! Cause for celebration.

      --
      meh
  30. Computer Misuse Act 1990 by G0rAk · · Score: 2, Informative
    --

    Nothing to see here. Move along.
    1. Re:Computer Misuse Act 1990 by Sancho · · Score: 1

      But in general, do UK laws apply outside of the UK?

      If the person performs an action which is illegal in his home country, but legal in the country he is in, he is generally not found to be liable in his own country.

      In this case, he committed an action while he was in the UK, but the target of his action was in another country. The question of jurisdiction is certainly relevant.

  31. OT by avronius · · Score: 1

    Inversely, you can always tell people who read alot, but don't consult the dictionary for pronounciation much. They occasionally mis-pronounce words that they may have read a hundred times - words like "eviscerate" and "apostle". Just an observation - not a criticism.

  32. If the stuff you saw on the news... by Anonymous Coward · · Score: 1, Insightful

    ...was your idea of torture then you obviously have no idea what the word means. What happens to US soldiers, where they are beaten, beheaded, dragged around, and tied to a bridge.... that is more along the lines of what that word really means.

    Thanks for playing, too bad there's not a -1 Naive Liberal.

    1. Re:If the stuff you saw on the news... by Anonymous Coward · · Score: 0

      "What happens to US soldiers, where they are beaten, beheaded, dragged around, and tied to a bridge..."

      Hummm...
      1) They were no soldiers but soldiers... of fortune.
      2) Not even your wacky tribunals would consider torture anything that's done to a death body.

  33. I just typed "US Extradites"... into Google by paranode · · Score: 1

    Looks like we do it all the time, and to many different countries. Next please.

  34. Mod parent UP! by Anonymous Coward · · Score: 0

    +8 Fuckwit!

  35. Re:WTF?? by sumdumass · · Score: 1

    America doesn't have to have it as much as they have to let you think they could have it.

    Peoples imagination about things that are somewhat plausible make great covers for things that are real.

  36. Item is Slashdot-worthy, link is not by Excelcia · · Score: 1

    The news that Gary McKinnon lost his appeal is newsworthy and Slashdot-worthy. The "Gary McKinnon" link should have been to some place like Wikipedia, though, that has at least a policy of neutrality, and not to the "Free Gary McKinnon" web site, which has zero neutrality.

    1. Re:Item is Slashdot-worthy, link is not by G0rAk · · Score: 1

      Fair comment.

      --

      Nothing to see here. Move along.
  37. US extradites to death penalty countries... by SuperBanana · · Score: 1

    Does anyone think, for just a millisecond, that the USA would do the same? Extradite one of its own citizen to be tried in the UK?

    You mean like this US citizen, who was extradited to South Korea to answer murder charges, where they have the death penalty? http://seoul.usembassy.gov/december_24_2002.html

    That took 5 seconds of googling to find, FYI.

    How come a sovereign country, like the UK, is extraditing one of its own citizen -- regardless of his crimes -- to another country to be tried there?

    It is not regardless of his crimes but because of them, and extraditing people for committing crimes not on foreign soil has been done for centuries. Otherwise, we'd end up with people committing crimes and then hopping the next plane back to their home country.

    If you're going to hop on a plane and travel elsewhere, it is your personal responsibility to make sure you adhere to local laws (just like as a citizen who lives in MA, if I go to NJ, I have to abide by NJ laws- and if I break a NJ law, NJ has the right to request I be extradited to appear in NJ to answer criminal charges- or arrest me if they find me on NJ soil.) Most governments prepare guides to visiting a particular country, with regards to respecting customs/manners, any safety concerns- but also things to watch out for that could get you into a lot of trouble.

    Similarly, if you're going to go hacking into government computers as a foreign country with which your home country has friendly diplomatic relations, you should not be in the least bit surprised if you find your ass on a plane in handcuffs to appear in your own defense at a criminal trial.

    I also find it really hysterical to hear a UK citizen get uptight about one's rights, considering you're the most "surveilled" people in the world...

    1. Re:US extradites to death penalty countries... by clickclickdrone · · Score: 1

      I also find it really hysterical to hear a UK citizen get uptight about one's rights, considering you're the most "surveilled" people in the world...
      No-one said we had to make sense too.
      --
      I want a list of atrocities done in your name - Recoil
  38. People need to quit bitching. by C_Kode · · Score: 1

    He committed a crime period. If he didn't want to face a penalty of the crime then shouldn't have committed it! It's plain and simple. It's why the cliche "Do the crime, do the time" exists. It has nothing to do with Britain being "America's bitch" or anything else. The man was a complete F'in moron for breaking into a any government's system in the first place. I'm 110% sure, he *thought* he was a 31337 H4x0r. Now he has his *31337* ass in trouble and I have no pity on him. The crime was stupid and I have ZERO pity for stupidity. If you're ignorant I suggest you educate yourself, if your stupid... Well, jail and Bubba are waiting on you!

    1. Re:People need to quit bitching. by toonevdb · · Score: 1

      He confessed to the charges.It's his punishment that's exaggerated.

    2. Re:People need to quit bitching. by Cederic · · Score: 1


      Which part of "He wasn't in fucking America and should not be exposed to that country's barbaric approach to justice" are you struggling with?

      He is alleged to have committed a crime in the UK. So take him to court in the UK and try him under the laws of that country.

      The US should just fuck off out of it.

    3. Re:People need to quit bitching. by nomadic · · Score: 1

      The analogy is if you're standing on the border of a country and shoot someone on the other side. Which state should charge you?

    4. Re:People need to quit bitching. by Cederic · · Score: 1


      No analogy required. He was 3000 miles away from the US. Extradition should be rejected out of hand and not even considered.

      The UK have laws against hacking. If he broke them, prosecute him under them. If he didn't break them, he wasn't doing anything illegal.

      Next you'll be suggesting the US should be handing over all of its citizens to Burma for watching TV.

    5. Re:People need to quit bitching. by nomadic · · Score: 1

      No analogy required. He was 3000 miles away from the US. Extradition should be rejected out of hand and not even considered.

      The analogy still stands. He was in the UK, but committed a US crime that allegedly caused damage in the US. The actual distance between the two places isn't especially relevant.

    6. Re:People need to quit bitching. by C_Kode · · Score: 1

      Osama bin Laden wasn't in America either. Afghanistan (or more precise the Taliban) didn't consider attacks on America or Britain for that matter illegal so maybe by your standards Bin Laden shouldn't be prosecuted either! Maybe you should just STFU until you have the ability to use common sense.

    7. Re:People need to quit bitching. by Cederic · · Score: 1


      There's a pretty fucking big difference between a casus belli and going "ooh, look - default passwords"

    8. Re:People need to quit bitching. by Quila · · Score: 1

      Which part of "He wasn't in fucking America and should not be exposed to that country's barbaric approach to justice" are you struggling with?

      Welcome to the age of the Internet, where it's easy to commit a crime four thousand miles away. What part of "He broke into computers under United States jurisdiction" are you struggling with?
    9. Re:People need to quit bitching. by Anonymous+Cowpat · · Score: 1

      maybe he weighed up the the chance of getting punished under the applicable law (the computer misuse act 1990) and decided that it was worth the risk (the highest penalty proscribed anywhere in the act is 5 years).
      What's happened here is that laws which he (rightly) assumed did not apply to him are now being applied to him for political ends and that he's being extradited under new extradition laws which didn't exist at the time. It wouldn't be possible to retroactively prosecute him, but seems to be possible to retroactively apply a lower standard before deciding to extradite.

      I'm not aware of a cliche which says "do the crime in your country, get sold out into doing more time under stricter laws in a foreign country"
      It's an absolutely apalling shame on Britain that rather than standing up for our citizens when foreign governments want to victimise them under unjust laws (which are being questionably applied) we instead deliberately sell them out.

      --
      FGD 135
    10. Re:People need to quit bitching. by Cederic · · Score: 1


      You think I give a shit which jurisdiction they were in. He was in the UK. Either he broke UK law, or he didn't. Whether he broke US law is completely and totally irrelevant.

      If he goes to the US and breaks the laws there, then prosecute him under them. If he doesn't go to the US, don't demand his extradition because he's caused some embarrassment. Shit, I hope he tries to kill anybody that holds him captive in the US - it would be a pretty clear case of self-defense.

    11. Re:People need to quit bitching. by Anonymous Coward · · Score: 0

      He committed a crime period.

      The problem is that with the amount of current laws, everybody commits crimes all the time. So, immediately your argument changes to 'well, his crime was worse than my speeding/failure to stop/singing happy birthday/putting an mp3 on my ipod/whatever". At that point, your original argument is complete shit and now you can joint the discussion about what should be done based on law and the severity of his crime. By the way, promoting "Bubba" is probably a crime in some countries as you are advocating the use of rape as a punishment. Should you now be deported to that country? What? You say you didn't post it in that country? Well, tell it to the Judge. You commit the crime, you better be ready to do the time. Moron.

    12. Re:People need to quit bitching. by Quila · · Score: 1

      You think I give a shit which jurisdiction they were in.

      Doesn't matter, that's how it works. If I go up to Washington state and shoot a Canadian across the border with a hunting rifle, you can bet the Canadian government will be rightfully wanting my extradition. It's stupid to think I could say "I was in the US when I did it, so Canada can't have me." Bullshit, I shot someone in Canada. And this guy committed computer trespass in the United States.

      Even better, don't complain about human rights violations, etc., if Bush decides to hit your country with a cruise missile because he needs a distraction from internal politics. By your logic, you have no right to complain since only US law applies, it has nothing to do with your country.
    13. Re:People need to quit bitching. by Cederic · · Score: 1


      Fortunately I live in a country capable of defending itself.

      Maybe it's living in an island nation, I don't worry about shooting people across a border. If I set up a big cannon and started shooting France, despite the massive public support I'd get, the British police would pretty quickly arrest me. It's illegal here too. The French police don't need to do a thing.

    14. Re:People need to quit bitching. by easter1916 · · Score: 1

      Part of that island kingdom is Northern Ireland, which shares a land border with the Republic of Ireland. Our psychos used to enjoy taking potshots across the border at the paras in South Armagh, mostly. Got a few of 'em too, if I recall correctly. And you lot sought their extradition, and rightly so. It does apply. Or if you're referring to England, well there's a border with Scotland, isn't there? Different legal systems? So again, it would apply.

    15. Re:People need to quit bitching. by Cederic · · Score: 1


      Hang on? You mean we don't own Ireland any more?

      (kidding)

      It would be easy to say "ah, but that's different" but also lazy. As it's 2.15am I just can't be bothered to go and research cross-border crime complications in Ireland and I'm happy to concede I haven't put much thought into the rights and wrongs of extradition in that situation.

      I still believe McKinnon should not be extradited to the US.

    16. Re:People need to quit bitching. by turbidostato · · Score: 1

      "The analogy still stands. He was in the UK, but committed a US crime that allegedly caused damage in the US. The actual distance between the two places isn't especially relevant."

      The model was showing her ankels in the photograph and that magazine managed to get into Iran. Furthermore Satellite News had a report on her which obviously got into Iran space. Should we extradite her to Iran? Or is it the case that she was in the USA under USA laws and society so she can't expect her behaviour to be so far reaching?

      The case is that what he did, while punible, is a very minor offense in the UK, specially when compared to the fines it can expect from a trial in the USA (in a civilized country there should be stronger penalties for the public officials that made so badly their jobs -they were Internet connected boxes with standard or no passwords at all! than those for the "offender"). Extradition here just doesn't hold water from justice and common sense point of view, even if it can have legal grounds.

      The fact that it is USA the one asking for the extradition with such a bizzarre track record lately regarding "national security", "hackers" and "terrorism" and not, say, France, Germany or other "civilized" country just makes it worse.

    17. Re:People need to quit bitching. by easter1916 · · Score: 1

      I don't think so either. The punishment is far in excess of the alleged crime -- the poor guy won't last 10 minutes inside. If I were in his position I'd seriously consider killing myself.

  39. Let's Pretend This Is Your House by queenb**ch · · Score: 5, Insightful

    How about this scenario? I show up at your house while you're at work. You're locks aren't strong enough to keep me out. Your windows aren't bullet proof. Your walls aren't made out of titanium. Now, since I'm well equipped for this sort of thing - complete set of lock picks, bricks for smashing widows, and a saws all to just cut holes in the walls, I'll just break into your house, go poking around "because I'm curious" and "your security is lax". Now imagine for a moment you come home to find the mess that I've made of your domicile? Are you going to be happy? What about the time and expense it takes to clean all that up and repair your house?

    I think his punishment should be working until he's paid back every penny of the expense of cleaning up his little intrusions. If it were in my hands, he'd be making restitution and not serving time in the traditional sense.

    2 cents,

    QueenB

    --
    HDGary secures my bank :/
    1. Re:Let's Pretend This Is Your House by queenb**ch · · Score: 1, Flamebait

      That's right....mod me down because you don't agree with my original post. That doesn't change the fact that it's true. How can you people support this jackass? If it was your house he'd broken into, you'd be *pissed off* and would probably want "to fry" him too.

      2 more cents,

      QueenB

      --
      HDGary secures my bank :/
    2. Re:Let's Pretend This Is Your House by tecie · · Score: 1

      Your analogy would work a little bit better with some adjustments. if someone breaks into my home with a a crowbar, a set of lock picks, and a brick, then I wouldn't be surprised. However if someone breaks into a military base or a bank with the same set of tools and expertise, then it's a different story. there's a different reasonable expectation of security among different types of building, be it a normal residence, a military installation, or a financial institution. The same is true of their computer systems. If the military has a very weak security implementation in ANY area, then a vast amount of money is put at risk.

    3. Re:Let's Pretend This Is Your House by Anonymous Coward · · Score: 0

      Even better analogy: What if it was your _brain_ he'd broken into? I bet all you liberals would be begging for the US to come and save your asses from those terrorist brain burglars then! Oops, apologies for my insensitivity, parent poster.

    4. Re:Let's Pretend This Is Your House by rucs_hack · · Score: 2, Interesting

      I'm from the UK.

      Frankly, he was a jerk to think that breaking into US military computers was a wise thing to do.

      Ignorance of the law is no defence, he should face the full (custodial) penalty of the US over this offence. Perhaps that isn't the cool thing to say, but it's true.

    5. Re:Let's Pretend This Is Your House by KDR_11k · · Score: 1

      Burglary is not an offense that warrants extradition.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    6. Re:Let's Pretend This Is Your House by Anonymous Coward · · Score: 0

      So he should die for hacking. Oh boy.

      Well then, in that case, don't try to modify any software on yours or anyone else's computer for any reason at any time. Or a New Jersey prosecutor will fry you in trans fats.
    7. Re:Let's Pretend This Is Your House by rucs_hack · · Score: 1

      You will note that I specified 'custodial'

      If the US executed him for this, well then they would be damning themselves, to be frank.

    8. Re:Let's Pretend This Is Your House by Anonymous Coward · · Score: 0

      The moral of the story: "don't f!!!-around with another country's computers and then hide behind your own laws".

      Don't you think that if he'd done what with the chinese or the russians that they wouldn't have sent operatives out to 'visit' him by now?

    9. Re:Let's Pretend This Is Your House by bh_doc · · Score: 1
      Nothing about this case specifically, but

      Ignorance of the law is no defence
      Why? Why is ignorance of the law not a defence? The laws in many places of the western world (Australia, where I am, and from what I hear, the USA too, among other places I'm sure) are such a convoluted mess of (the legal equivalent of) spaghetti code that I would think that being unaware of the meanings, implications, interpretations even, of some of the more non-obvious parts of it would be something a court ought to take into consideration when determining a case.

      Sure, there are instances where it really is obvious to any sane person that a crime is committed. (For example, murder.) But in some cases how could you justifiably expect an average punter to know what he was doing was wrong? (For example, copying a legally obtained copyrighted video file to a portable device. Here in Australia, even after recent copyright reform, this is illegal, even though you're allowed to do it for music files.)

      It's not even like the legislators are doing their darndest to educate the public about the laws they enact. Even worse, some laws I'm sure they'd rather keep damned quiet.
    10. Re:Let's Pretend This Is Your House by Anonymous Coward · · Score: 0

      Frankly, anyone who uses the "2 cents worth" as if it were a superior closing argument should be fully aware that that is the correct value of their arguments i.e. next to nothing. Some people are simply too obsessed with seeing others suffer extremely harsh penalties - I simply can't get to grips with such a desensitized mindset (for which I am grateful).

    11. Re:Let's Pretend This Is Your House by rucs_hack · · Score: 1

      It's not an opinion, in almost all countries, it is a fact that ignorance of the law cannot be used as a defence in court.

    12. Re:Let's Pretend This Is Your House by bh_doc · · Score: 1

      Sure, that's true, but my question remains unanswered: Why?

  40. Yes, you are. by wiredog · · Score: 1
    I don't imagine that the US would have any problem extraditing someone to the UK.

    How come a sovereign country, like the UK, is extraditing one of its own citizen -- regardless of his crimes -- to another country to be tried there?

    Because there's a treaty?

    1. Re:Yes, you are. by Anonymous Coward · · Score: 0

      I don't imagine that the US would have any problem extraditing someone to the UK.
      See this: http://news.bbc.co.uk/1/hi/uk/4738760.stm/ Only one person, ever. The other way? Eleven. That's seventy times the ratio you'd expect.
  41. Surely he should demand trial in the UK by 91degrees · · Score: 1

    Then even if found guilty, the penalty will be small, and there's a decent legal defence of double jeapordy to prevent a second punishment in the US.

    1. Re:Surely he should demand trial in the UK by G0rAk · · Score: 1

      That is exactly what he is demanding. The title of the freegary.org.uk site is "Free Gary McKinnon or at least give him a fair trial in the United Kingdom".

      --

      Nothing to see here. Move along.
  42. Re:WTF?? by Akaihiryuu · · Score: 1

    There's not just one secret spaceship! There are 3 now...Daedalus, Odyssey, and Apollo. Prometheus was blown up. Don't forget, they *did* mention fleet. ;)

  43. I agree, absolutely shocking by Nicolas+MONNET · · Score: 2, Interesting

    Esp. considering how little media attention it gets.

    I wonder if the guy can appeal to the European Court of Human Rights, I hope they would cancel this scandalous extradition considering the terrible track record of the US justice system.

    Note that before this case I believed that no country extradited its own citizens, because that's how it is here in France. Might have to do with brits being subjects, not citizens, I guess ;) Anyway, they (government) couldn't pull that shit off here. You might make fun of our propension to demonstrations and strikes, but that's how we keep the man in check.

  44. let the book be thrown by spyrochaete · · Score: 5, Insightful

    "Okay, you just bought yourself a 317: Pointing out police stupidity." - Chief Wiggum

    America will throw the book at McKinnon because they are embarassed of their lax security practises on such high profile systems. They will make an example of McKinnon because he used little more than a brute force 2-line PERL script to bombard many desktops with obvious passwords (e.g., "password" or "" [blank]).

    America is even more ashamed of this security breach because the many same systems were infiltrated by Mathew Bevan using the exact same tactics over 10 years prior. That's right - these government and military and NASA computers have had no password policy after 10 years and 2 break-ins. Adding the number 1 to the end of these passwords would have stopped McKinnon dead in his tracks.

    McKinnon is not a sophisticated programmer or cracker. He simply challenged seemingly high security systems with very low-tech kludgey scripts to see what would happen. He got lucky, then he got audacious, and then he got careless.

    Get ready for another Mitnick-scale high profile court case on this one. McKinnon won't fry, but he won't see the sun for quite some time.

    1. Re:let the book be thrown by spyrochaete · · Score: 1

      What are you, a UFO sympathizer?

    2. Re:let the book be thrown by _Sprocket_ · · Score: 2, Interesting

      America will throw the book at McKinnon because they are embarassed of their lax security practises on such high profile systems. They will make an example of McKinnon because he used little more than a brute force 2-line PERL script to bombard many desktops with obvious passwords (e.g., "password" or "" [blank]).


      Not quite. The US Government is not embarrassed over this incident. Officials will throw the book at McKinnon because, unfortunately, that's how they handle these things. For a long time, the US Government seemed more than happy to spend resources to prosecute attackers instead of due diligence efforts to make their networks harder targets. US Government officials may lack understanding on infosec issues... but they know, and write, the law. Any script kiddie pointing their box towards a .gov domain should keep this in mind.

      Now - I don't subscribe to this belief. I find it rather sad. And thankfully, since the time of McKinnon's attacks, some things have changed. But bureaucracy is a tough vehicle to turn. I only wish all of the US Government's infosec woes were well handled since then.

      America is even more ashamed of this security breach because the many same systems were infiltrated by Mathew Bevan using the exact same tactics over 10 years prior. That's right - these government and military and NASA computers have had no password policy after 10 years and 2 break-ins. Adding the number 1 to the end of these passwords would have stopped McKinnon dead in his tracks.


      We're actually talking about less than 10 years - maybe 8 years at the most generous. And I know for certain password policies existed in at least some of the institutions targeted during the time of McKinnon's attacks. Having said all that - the incident does hint at issues that existed in US Government's handling of Infosec. It may not be such a clear guide to the current state.

      McKinnon is not a sophisticated programmer or cracker. He simply challenged seemingly high security systems with very low-tech kludgey scripts to see what would happen. He got lucky, then he got audacious, and then he got careless.


      I can't say what degree of security existed in all networks McKinnon touched - but I wouldn't expect they would have been classified as "high security" systems. There's a lot of hyperbole that seems to be associated with this and similar cases. Everyone seems to be making the situation grander than it really is. For example - McKinnon is correct when he notes there is a Building 8 at JSC that houses an imaging department. But that building is hardly a secured facility and, in fact, also houses the site's medical clinic. It would seem to be an odd location for a group that's supposedly dedicated to eradicating photographic evidence of extraterrestrial space craft from NASA's stock footage (never mind the technical challenge of targeting a system specifically in Building 8 when JSC's campus and associated network is large and complex).

  45. Judgment in full here by Anonymous Coward · · Score: 0
  46. The country he did this in didn't think it a crime by Anonymous Coward · · Score: 0

    So why is it a crime?

    Because your wife is wearing clothes that show her ankles, should she be deported to Afghanistan for trial?

  47. about barbarism by N3wsByt3 · · Score: 2, Insightful

    barbaric /brbærk/ Pronunciation Key - Show Spelled Pronunciation[bahr-bar-ik]
    -adjective

    1. without civilizing influences; uncivilized; primitive: barbaric invaders.
    2. of, like, or befitting barbarians: a barbaric empire; barbaric practices.
    3. Marked by crudeness or lack of restraint in taste, style, or manner.

    Ofcourse, you are right that this 'proves' nothing, unless one is of the opinion, that killing another human being while one has the equal option of not killing him, while it's impossibly to prevent that innocent lives will be killed as well, is basically an action of state-sponsored revenge, and thus it's an action which exhibits a primitive influence, as well as marked by crudeness.

    You, however, can be of the opinion that the government sponsored killings of humans is an act of civilisation. Feel free to do so.

    --
    --- "To pee or not to pee, that is the question." ---
    1. Re:about barbarism by Undertaker43017 · · Score: 1

      Your definition can also be used to describe the perpetrator of the crime, and in that case the "state" is simply removing a barbaric, uncivilized person from its otherwise civilized society. The death penalty is a tool for removing people that can't seem to grasp how to interact in a civilized society.

    2. Re:about barbarism by N3wsByt3 · · Score: 1

      Yes, but if you say 'remove', it means removing him out of society so he/she no longer poses a threat. In that case, as a state, you have other possibilities to remove a perpetrator of a crime from society then killing him/her. The fact that a state uses the same permanent kind of 'removal' as those perpetrators whome that same state considers barbaric, means that they themselves should be considered barbaric.

      --
      --- "To pee or not to pee, that is the question." ---
    3. Re:about barbarism by Undertaker43017 · · Score: 1

      If you "remove" them to prison, they are still a burden on society (and on the family left behind by their barbarism), and are certainly not removed from society (research the Aryan Brotherhood). Removing them permanently, while barbaric, rights their wrong and is the best solution for society as a whole.

    4. Re:about barbarism by bcharr2 · · Score: 1

      Yes, but if you say 'remove', it means removing him out of society so he/she no longer poses a threat.

      I watched a special recently, where the police discovered a prisoner being moved from a maximum security prison was smuggling a hit list on behalf of a Mafia member still locked up in the maximum security prison.

      This despite the fact that the prisoners were kept completely isolated during their stay in the prison. The list, by the way, had been hidden up the prisoner's bum.

      In this case, one of the toughest maximum security prisons in America was not enough to keep this prisoner from directing the deaths of other human beings. So what is a "civilized" society to do to protect itself from the evil machinations of such individuals?
    5. Re:about barbarism by N3wsByt3 · · Score: 1

      "If you "remove" them to prison, they are still a burden on society (and on the family left behind by their barbarism), and are certainly not removed from society (research the Aryan Brotherhood)."

      Semantics. They are sufficiently removed from society as to not pose a threat to society anymore. Furthermore, to accept your reasoning as preferable, you would also have to accept that the 'burden they still have on society' you speak of outweighs the act of killing an innocent life (which without doubt happens sometimes). Such a notion (to prefer the chance of killing someone innocent to the 'burden' perpetrators would be in prison), is on itself barbaric in nature.

      "Removing them permanently, while barbaric, rights their wrong and is the best solution for society as a whole."

      This reasoning is contradictory. If it were true that permanently removing someone 'rights a wrong', then someone killing somebody else who killed before, would right a wrong too, and shouldn't be dragged to court. Since the state prosecutes such persons nevertheless - and even when they agree that person *did* kill a former murderer - they got sentenced to prison, and perhaps even to death themselves. This proves that the state, contrary to what you imply, does not accept the reasoning that it rights a wrong. And if they don't accept it of others, they shouldn't use it as an excuse for themselves neither.

      --
      --- "To pee or not to pee, that is the question." ---
    6. Re:about barbarism by N3wsByt3 · · Score: 1

      "So what is a "civilized" society to do to protect itself from the evil machinations of such individuals?"

      Beef up their security.

      --
      --- "To pee or not to pee, that is the question." ---
    7. Re:about barbarism by Undertaker43017 · · Score: 1

      "Semantics. They are sufficiently removed from society as to not pose a threat to society anymore. "

      You obviously didn't research anything on the Aryan Brotherhood, if you had you would find that this "prison gang" is far from removed from society, and isolated in prison. The brotherhood has ordered hits on people outside of prison, not very removed if they can still "kill" someone from inside prison.

      Executing innocent people is unfortunate, but RARELY happens, and certainly is no excuse to get rid of a system that cleanses society.

      "If it were true that permanently removing someone 'rights a wrong', then someone killing somebody else who killed before, would right a wrong too, and shouldn't be dragged to court."

      Depends. If the person who killed the former killer was acting in self-defense, they certainly would not be prosecuted. Also if the person who had killed before, had not already been killed then the state failed to right the original wrong, since that person was still on the streets.

    8. Re:about barbarism by N3wsByt3 · · Score: 1

      "You obviously didn't research anything on the Aryan Brotherhood, if you had you would find that this "prison gang" is far from removed from society, and isolated in prison. The brotherhood has ordered hits on people outside of prison, not very removed if they can still "kill" someone from inside prison."

      This, again, is contradictory. If they were truely isolated, they wouldn't have been able to contact anyone. If one notes that security isn't strong enough, the most logical thing to do is beef up security.

      "Executing innocent people is unfortunate, but RARELY happens, and certainly is no excuse to get rid of a system that cleanses society."

      I find that reasoning stupifying. It would sound less hypocritical if you were saying it, while you would be in death row, while being innocent. Executing innocents isn't just 'unfortunate', but is unforgivable, and should be avoided at all costs. If someone finds an innocent life not valuable enough to be saved because of an imaginary better cleansing of society (which is actually a totally unsupported claim; there are no indications whatsoever which show capital punishments have a detrimental efect on crime), then they are barbaric, indeed.

      "Depends. If the person who killed the former killer was acting in self-defense, they certainly would not be prosecuted."

      Which was why I said: "somebody else who killed before". Obviously, I wasn't talking about self-defence.

      "Also if the person who had killed before, had not already been killed then the state failed to right the original wrong, since that person was still on the streets."

      Only if you start with the premise that the state fails 'to right the original wrong', by failing to kill all persons who killed before... which no state does, even not the USA. Since the state (and in fact, any state) allows some killers to live, that premise is false. If it's false, then your above reasoning has no grounds, and the original contradiction remains.

      --
      --- "To pee or not to pee, that is the question." ---
    9. Re:about barbarism by Undertaker43017 · · Score: 1

      "This, again, is contradictory. If they were truely isolated, they wouldn't have been able to contact anyone. If one notes that security isn't strong enough, the most logical thing to do is beef up security."

      Which causes even more burden on society (paying for more guards). These people are proven killers, there is no justification for keeping them around. Besides wouldn't total isolation mean cruel and unusual punishment?

      "Executing innocents isn't just 'unfortunate', but is unforgivable, and should be avoided at all costs. If someone finds an innocent life not valuable enough to be saved because of an imaginary better cleansing of society (which is actually a totally unsupported claim; there are no indications whatsoever which show capital punishments have a detrimental efect on crime)"

      I never said that capital punishment had any effect on crime, in fact I don't really care if it does or not, by "cleansing", I mean I no longer have to be in the same society with them.

      As far as innocents go, there are many groups trying to prove that the US executes innocent people, so they can use it to change the system, so far they haven't been successful, which leads me to the conclusion that the number of times (in modern times, certainly before modern forensics's this happened) this happens is extremely rare, and morally I have no problem with it even it does, since overall the system gets it right.

      "Only if you start with the premise that the state fails 'to right the original wrong', by failing to kill all persons who killed before... which no state does, even not the USA. Since the state (and in fact, any state) allows some killers to live, that premise is false. If it's false, then your above reasoning has no grounds, and the original contradiction remains."

      I never stated the system was perfect, killers get off or are given short sentences all time, this is a failing of the courts, not the punishment phase. To take your original point further, if a previous killer got off or was released and someone else killed him (non-self defense) that person should also be put to death. Just because the victim deserved it, isn't justification to take matters into your own hands.

      Speaking from my own personal experience, ~25 years ago, my cousin was killed, the killer admitted the crime, was convicted, didn't bother to appeal, and received 20 years, do you know what that person did the week he was released? Robbed a bank, and killed a clerk, this time he got life in prison. The system got closer to the right answer this time, unfortunately another family has to deal with the lose of a loved one by his hand. Do you think anyone in my family (or the clerks family) feels his punishment was correct? Granted, my feelings about the death penalty weren't changed by this, but they were certainly reinforced and showed me how flawed our current court system is, that killers are allowed to ever walk in civilized society again!

      What you call barbaric, I call justice.

    10. Re:about barbarism by kmweber · · Score: 0

      Except that would involve infringing upon the freedom of those who have committed no violent acts against others, which is in itself barbaric.

      --
      "Other than that, Mrs. Lincoln, how was the play?"
    11. Re:about barbarism by kmweber · · Score: 0

      that killing another human being while one has the equal option of not killing him, while it's impossibly to prevent that innocent lives will be killed as well, is basically an action of state-sponsored revenge, and thus it's an action which exhibits a primitive influence, as well as marked by crudeness.


      Yup.

      But this doesn't apply to the death penalty, because murderers are not human.

      There is more to being a human being than mere biology. Part of being human is an embrace of man's capability for rational thought. This means dealing with other humans by means of reason and persuasion rather than violence and brute force. Thus, when one kills a human being, he renounces the moral and intellectual status that is a necessary part of being a human being; thus, he himself ceases to be a human. It is therefore perfectly ok to kill a murderer since what is being killed is not a human being, and so whoever kills him does not renounce his own humanity.

      Those who have rejected reason cannot be conquered by it. They only understand violence and brute force, and so must be dealt with in those terms.
      --
      "Other than that, Mrs. Lincoln, how was the play?"
    12. Re:about barbarism by Undertaker43017 · · Score: 1

      The prisoner in question was in a SuperMax prison, where prisoners are locked down in their cells for a least 23.5 hours of the day. For the half hour they are allowed "out" (if it isn't raining) they are put in a courtyard, by themselves, with no contact with other prisoners. So the only contact these people have is with the guards, the security, obviously the guards were helping this person pass notes. The guards were bribed, so now we need guards to watch the guards. How many guards does it take for crime gangs not to be able to bribe all of them? As I mentioned in the other thread, these prison gangs have a long reach. Bribes don't always take the form of money, many times family members are threatened, and the guards know that these gangs can carry out their threats, and many of them don't report it, for fear the gang will find out (which they will) and carry out their threats.

      More security and money isn't the answer, that just puts a further burden on the rest of society. The US already spends billions on prisons. Murderers are of no use to a civilized society, when something is of no use you get rid of it, you don't sweep it under the rug and ignore it and say everything is better.

      You are truly naive if you believe more security is the answer. I really encourage you to do some research about how prisons really work and don't work. Most prisons are more like social clubs for criminals, where they have nothing else to do besides work out and learn better ways to perfect their "profession".

    13. Re:about barbarism by N3wsByt3 · · Score: 1

      "Which causes even more burden on society (paying for more guards). These people are proven killers, there is no justification for keeping them around"

      That would depend on the intrinsic value you place on life, on the notion of empathy you have, and on the moral and ethical importance you give to killing innocent people for the sake of your own personal conviction about 'better cleansing the system'.

      "As far as innocents go, there are many groups trying to prove that the US executes innocent people[snip]"

      Whether they can 'prove' this or not does not matter (though I do remember some people in deathrow were found innocent due to new DNA evidence); it's bound to happen (and statistically, it's highly probably it already happend). Since people are fallible, and juries and judges are humans, logic dictates that innocents WILL be put to death.

      "and morally I have no problem with it even it does, since overall the system gets it right."

      See my first paragraph.

      "I never stated the system was perfect, killers get off or are given short sentences all time, this is a failing of the courts, not the punishment phase."

      This is not a failing of the courts. I think you're beginning to mistake your own wishes and ideas for reality, and are argumenting as if your reasoning is the same reasoning the state uses. The state does not consider people who have spend their days in prison for murder and then get free, as a failing of those courts. On the contrary, it views that as a proper course of action, where the courts did what they had to do, according to the laws that made it possible to do so, and the perpetrator has 'served his time'. If the state would have wanted to kill all who has killed, then they could have made a law to make that mandatory.

      Thus, your assertion is only true if one starts with the premise that the courts fail because they don't sentence every killer to the death-penalty... no court (nor the state) starts with that premise, not even in the USA. Obviously, since the courts allow some killers to live (in accordance with the laws the legislature made), that premise is unsubstantiated.

      To recapitulate, this means that:

      The state does not fail 'to right the wrong' by failing to kill all persons who killed before, because it clearly allows some killers to live, and therefor your argument that "the state failed to 'right the original wrong', since 'a killer was still on the streets'" was unvalid.

      As it is unvalid, it is no longer a correct counter-argument in rebuting my claim; "If it were true that permanently removing someone 'rights a wrong', then someone killing somebody else who killed before, would right a wrong too, and shouldn't be dragged to court."

      Since the above statement has kept its validity, and seen the fact that people who kill others (which have killed other people themselves) ARE dragged before the court and since the state prosecutes such persons - even when they agree those persons *did* kill a former murderer( and not out of self-defence) - and they get sentenced to prison or even death, it proves that the state, contrary to what you implied in one of your first posts, does not accept the reasoning that permanently removing them 'rights a wrong'. And if the state doesn't accept it of others, they shouldn't use it as an excuse for themselves neither.

      Mind you, I'm not debating your personal opinions about how a state, which abides by your rules and laws and selfimagined actions, could be without inconsistencies. It might well be, that in your utopian state, everything is very consistent and logical (though inhumane, at least viewed from my perspective). Personal opinions about a concept, where one person can arbitrarily decide what is valid and not, and which provides no common ground in actual reality, do not lend themselves for a meaningful debate.

      What I *am* saying is, that the arguments you brought forth are logically inconsistent and contradictory, and can't be used as an excuse or a valid reasoning for the use of the capital punishement *by the USA*. I think, within that context, we can both agree that the claims I made are the logical consequences when using rationale and reason.

      --
      --- "To pee or not to pee, that is the question." ---
    14. Re:about barbarism by N3wsByt3 · · Score: 1

      You are trying to make a case based on anecdotal evidence - well, as far as it's even evidence, that is. If I say I know of a man who stole a bread, who was arrested and then released, and right after his release he steals a car - would that be a compelling case to argue that the system should change so all people who steal bread get lifelong sentences or can be hold indefinitly?

      The point is, will you stop such crimes if you DID allow capital punishment? As more then one researchpaper on the subject has already clearly demonstrated, there are NO indications whatsoever that capital punishment reduces crime.

      Thus, we are left with two imperfect systems:

      1)a system whereby when crimes get commited people are put in prison
      2)a system whereby when crimes get commited people are put to death

      As there is no less crime in any of the above systems, and the first system prevents innocent people to get killed, it seems to me the first is more humane.

      --
      --- "To pee or not to pee, that is the question." ---
    15. Re:about barbarism by turbidostato · · Score: 1

      "Those who have rejected reason cannot be conquered by it. They only understand violence and brute force, and so must be dealt with in those terms."

      That's true. But it is not the criminal the one I'm worried about, it is the rest of the society.

      It's not that a criminal (or at least some criminals) is not a beast: he is. It is that by supporting a society were there exists death penalty *I* become the beast.

    16. Re:about barbarism by Undertaker43017 · · Score: 1

      When I say it is a failing of the court system, those are my "wishes", I feel that in the case of murder the prosecutor and judge should have no option on the sentence, if guilty they die. I realize that, unfortunately, this is not the case, but in my ideal world it would be.

      "As it is unvalid, it is no longer a correct counter-argument in rebuting my claim; "If it were true that permanently removing someone 'rights a wrong', then someone killing somebody else who killed before, would right a wrong too, and shouldn't be dragged to court."

      The problem with your argument is that you equate murder with capital punishment, I don't. Capital punishment is just that a punishment for a "capital" crime, carried out by the "state". Therefore, if a person kills another known killer, that person should NOT be treated any differently under the law, since what they did was murder, not punishment. Allowing that person to get off, because you feel he exacted punishment on the killer, would promote vigilante justice, which is certainly not where I want to go.

      "What I *am* saying is, that the arguments you brought forth are logically inconsistent and contradictory, and can't be used as an excuse or a valid reasoning for the use of the capital punishement *by the USA*. I think, within that context, we can both agree that the claims I made are the logical consequences when using rationale and reason."

      So your argument for locking a person away, in total isolation, for the rest of their natural life, (40+ years), consuming resources, and providing absolutely no value back to society, is logical? No thanks, get rid of them. Your arguments are not driven by logic, you are against the death penalty because in your mind the "killing of just one innocent is unacceptable", that is an emotional argument.

    17. Re:about barbarism by Undertaker43017 · · Score: 1

      I have already stated that I don't care if capital punishment results in lower crime, IMHO that's not why capital punishment exists, capital punishment exists as a way to rid society of an undesirable element.

      Innocents die everyday, and not by capital punishment, how about traffic accidents? They kill more innocent people every year than capital punishment has EVER killed. A few innocent people killed is a small price to pay for a society that is rid of many times that number in undesirables.

      BTW, I choose 2.

    18. Re:about barbarism by N3wsByt3 · · Score: 1

      Ah, I see you responded to him. Seen his score and the content of his post, I thought he was trolling so I ignored it.

      The fact of the matter is, he based his claim on the single criterium of his own opinion, which, alas, has no basis in reality, and thus is totally unsubstantiated.

      "But this doesn't apply to the death penalty, because murderers are not human." he claims.

      This assertion is portrayed as a fact, but, again, is nowhere susbtantiated. It is his personal opinion that forms the sole basis for that claim, not something that can be observed in reality. When we *do* look at the observable reality, we see society clearly sees murderers as still being human. While countries which have the weakest respect for human rights in general also show the weakest sense of treating prisoners humane, I don't think there is one country in the world, which officially considers murderers 'beasts'.

      Thus, his whole premise is merely a confabulation of his own, which is not reflected in reality, and thus has little to no worth.

      But, you know, *even* if one follows his reasoning, it's still rife of contradictions.

      For instance, he says: "Part of being human is an embrace of man's capability for rational thought."

      If *part* of being human is his rationale, then the other part is his capability for irrational thought. Strangely enough, he then proceeds to argument that the latter is not a part of being human anymore. The truth is, however, that, as a philosopher once said, 'humans are half angels, half devils'; meaning, it is in the nature of man to to good as well as evil.

      While we, as a society (and also largely as an indivual), do not accept unrestricted aggressive and irrational behaviour, that behaviour is as much part of being human than that of rational actions. If one thinks humans are only about reason, one is missing an important aspect of the human condition.

      As even the parent poster himself indicates that the ratio is only a part of a human being, his former conclusion that people who murder (which in his opinion isn't a rational thing) are no humans anymore, is false.

      This is the first contradiction his own reasoning shows.

      Another one is his implied presumption that murder can't be rational. Nothing is further from the truth. If one starts with another premise, one can be fully rational and have a logically consistent reasoning while killing another human being. For instance, if I use the premise that I'm entitled to kill a person, because I'm stronger than that person, than I'm fully consistent and rational when I kill that person as long as I'm the stronger one.

      The mistake the parent poster makes is, that he thinks murder or violent agression can't be rational...while that depends wholy on the premise. For instance, looking it in a darwinistic sense, if your premise is getting more offspring, it would be rational to impregnate (read: rape) as many women as possible, if you can get away with it (like when you're a dictator). Rationality alone doesn't prevent murder or violence, what you most need in that regard is empathy.

      A third way his reasoning fails, is because of the oversimplified view on humans, and the black&white stance he takes in it.

      Take, for example, a possible situation (which actually happend in my country), where a shop-owner has been robbed 6 times already. Due to this, he has it increasingly difficult to be able to keep his shop profitable, which is his livelyhood, after all. At a cetain moment the alarm goes of again, and he sees the robbers flee away with all his belongings AGAIN. In a momentary fit of rage, he takes a gun and shoots one of the fleeing thieves. He is condemned by the courts as murderer, since it was no selfdefence (his life was not in danger, and they were fleeing away from him), and he shot them with the intent of killing them.

      Now, accoding to the parent's reasoning, that shopkeeper is now nothing more than a beast, and is devoid of any rational thoughts, and doesn't des

      --
      --- "To pee or not to pee, that is the question." ---
    19. Re:about barbarism by N3wsByt3 · · Score: 1

      "BTW, I choose 2."

      That much was clear. And as said, it's the less humane system.

      It boils down to you being perfectly prepared to risk the lives of innocent people for the theorethical perceived benefits of a 'better cleansed' society, which isn't substantiated at all (but which you do not care about).

      Your example of traffic accidents is completely irrelevant; those are *accidents*, not willful and conscious actions by the state to kill its citizens.

      Look, I'm well aware that *your opinion* is that no murderers deserve to live anymore. I'm just saying that opinion and the arguments you give can't logically be used by the USA or any other current state that has the death penalty because of the contradictions they show, such as when they would use the argument that it is ok 'to get rid of murderers because they are undesirable elements' and yet they prosecute people who kill murderers, etc. (see the whole 'about barbarism' thread).

      Of course, if you, apart from humane behaviour towards murderers, also do not care about consistency when using argumentation and reasonings, we better stop this debate. Then it amounts to: "This is my opinion, period". I mean, fine, as I said in the very beginning of this thread: "You, however, can be of the opinion that the government sponsored killings of humans is an act of civilisation. Feel free to do so."

      You could have saved us this discussion if you had simply said "I do."

      --
      --- "To pee or not to pee, that is the question." ---
    20. Re:about barbarism by N3wsByt3 · · Score: 1

      "Capital punishment is just that a punishment for a "capital" crime, carried out by the "state"."

      In essence you say the state is more morally right then an individual, even if the reasons for executing a person is the same. However, it is hypocrital and contradictory to claim somebody else can not do what you do yourself. You save this by claiming the difference lies in the fact of being a state or not. Very well.

      If you would argue that a state does have the right, it would mean it has to allow the killing of someone (who commited a capital offense), if it was ordered by a state. Thus, a killing of an US citizen (who commited murder) by another state, say Brittain (secret services have been known to do so) would be allowed?

      In reality, this is not the case. Therefor, the claim that it is allowed because it is ordained by a *state* and not an individual, can not be maintained. The USA could claim any state has only the right to punish its own citizens, but that would be contradictory to the fact they themselves kill other citizens in other states.

      Logically, if they show that they don't accept their own reasoning (that a state has the right to kill), it follows the rationale given is incorrect.

      "So your argument for locking a person away, in total isolation, for the rest of their natural life, (40+ years), consuming resources, and providing absolutely no value back to society, is logical? No thanks, get rid of them. Your arguments are not driven by logic, you are against the death penalty because in your mind the "killing of just one innocent is unacceptable", that is an emotional argument."

      Is it? Mind you, I *am* against it, so maybe you are right. I would think I'm against it based on reason, but you claim this is not true.

      Well, let's see.

      Is it logical, to lock a person away, in total isolation, for the rest of their natural life, (40+ years)?

      That was never my claim in the first place. In most cases it's enough to lock a person away for some time, and not in total isolation. It *is* logically however, to do so if the perpetrator continues to pose a direct threat to society.

      Is it logical, to let those who commit capital offenses continue to consume resources?

      It is, if one is of the opinion that people which the state has taken away their freedom, have the right to consume resources. The argument about economic costs, after all, remains the same whether it deals with capital punishment or not. If consuming resources is the measure to decide the value of the death penalty, then all people put in prison who continue to consume resources should be killed.

      Since that is not the case, it is clear the resources can not be the reason for why people should be given the death-sentence.

      Besides that, it also takes as assumption that the death penality is neccesarily consuming less costs than a life-sentence. However, studies have shown that it actually costs more to condemn a man because of the length of time to execution and the inevitable appeals.

      Is it logically, if they are providing absolutely no value back to society?

      Tis assumes that a prisoner, at least when he commited a capital offense, can absolutely in no way provide any value back during his life. This is demonstratedly untrue. For instance, in the Scandinavian countries, they have an extremely leniant system, where people who commited even capital crimes are given a the chance to learn a trade, and are are constantly under guidance to be reintegrated in society. While this is sometimes abused by a prisoner to escape, or even commit other crimes, in most cases, this has resulted in a very low lack of recidivism, and the majority of those prisoners became productive members of society.

      This shows, at least, that it is possible for them to bring value back to society, this the premise on which this question is basd is false.

      As you can see, your assertion that I fail in making logical sense would only be true if the 'facts' you base yourself to show why they are illogical, would be true. Since they are not (as showed above), your claim has no basis.

      --
      --- "To pee or not to pee, that is the question." ---
    21. Re:about barbarism by Undertaker43017 · · Score: 1

      "It is, if one is of the opinion that people which the state has taken away their freedom, have the right to consume resources."

      I don't feel that person has any rights, if they commit a capital crime they forfeit their rights, including their right to life itself.

      "The argument about economic costs, after all, remains the same whether it deals with capital punishment or not. If consuming resources is the measure to decide the value of the death penalty, then all people put in prison who continue to consume resources should be killed."

      Exactly! IMO, the death penalty isn't used enough.

      "Besides that, it also takes as assumption that the death penality is neccesarily consuming less costs than a life-sentence. However, studies have shown that it actually costs more to condemn a man because of the length of time to execution and the inevitable appeals."

      Never said the "process" shouldn't be sped up. There is no reason appeals have to take years? You lose your first case, bring in a new jury, new judge, run through it again, repeat one more time, if you loose three times, take them out back and string em up!

      I think it's great that European's think they have found a way to redeem the unredeemable, maybe that should be the US solution we can give our undesirables a one way ticket to Europe.

    22. Re:about barbarism by N3wsByt3 · · Score: 1

      "I don't feel that person has any rights, if they commit a capital crime they forfeit their rights, including their right to life itself."

      You may feel whatever you like, your feelings and personal opinion in this matter do not constitute what the state (e.g. the USA) shows it does or thinks, nor what reality shows is the case, and thus it can not serve as an explanation for why the USA uses the death penalty . As I said here ( http://science.slashdot.org/comments.pl?sid=229295 &threshold=1&commentsort=0&mode=thread&pid=1860221 1#18603165 ) , if your argumentation just boils down to "It is the best solution because I think it's the best solution, period" then we could as well stop with this debate.

      For it to be meaningful, one has to look to the actual reality of how a state, like the USA, uses the death penalty. Reasons and arguments given, which show inconsistencies and internal contradictions should be declared void. It should also be prone to reality; for instance, your arguments are not applicable by the USA government, because all of those arguments could be said about other prisoners as well, yet the state does not put them on deathrole, which implies they do not share your vision.

      "Exactly! IMO, the death penalty isn't used enough."

      The logical consequences of that, would be that even prisoners which commited lesser crimes (but still consume resources) would have to be killed too. In fact, there is no reason to stop with prisoners; since you agree that consuming resources is the measure to decide the value of the death penalty; bums and beggers, and other 'parasites' of society who live of wellfare and thus consume resources from the state, should get the death penalty too instead of being thrown in jail for a day to sleep off their boozesleep.

      "Never said the "process" shouldn't be sped up. There is no reason appeals have to take years?"

      In criminal cases the legal proceedings always take a long time, because of expertises, counterexpertises, witnesses, etc. While it may be possible to speed it up, I don't think it's possible to speed it up drastically reducing the quality of the trial. Point in matter is, it's far from proven that it costs less then imprisonment, especially if one would consider other alternatives, like condemning the perpetrators to forced labor, instead of the death penalty.

        But anyway, you seemed to have glanced over the fact that this was an afterthought; I had debunked the question as being factually wrong (prisoners CAN give value back to society). It seems you are not denying this, so the your argument becomes moot.

      "I think it's great that European's think they have found a way to redeem the unredeemable"

      You are assuming people who commited capital crimes are inherently unredeemable. As said before, this is demonstratedly incorrect. Since it is incorrect, your reasoning based on this argument has no validity neither.

      --
      --- "To pee or not to pee, that is the question." ---
    23. Re:about barbarism by Undertaker43017 · · Score: 1

      "The logical consequences of that, would be that even prisoners which commited lesser crimes (but still consume resources) would have to be killed too. In fact, there is no reason to stop with prisoners; since you agree that consuming resources is the measure to decide the value of the death penalty; bums and beggers, and other 'parasites' of society who live of wellfare and thus consume resources from the state, should get the death penalty too instead of being thrown in jail for a day to sleep off their boozesleep."

      You assume that I agree that everyone in prison should be there, I don't. Secondly I do agree that beggers, bums, and welfare leeches should be gotten rid of.

      "Point in matter is, it's far from proven that it costs less then imprisonment, especially if one would consider other alternatives, like condemning the perpetrators to forced labor, instead of the death penalty."

      Sorry I forgot to address this earlier. Every study I have seen on this has been sponsored by anti-capital punishment groups, which means they automatically have a bias and can be discounted as suspect. Logically it makes no sense, because any person convicted of any crime, provided they feel they are innocent, is going to appeal. Even if you consider capital punishment appeals to cost more, the difference in cost isn't going to make up for the money spent housing, feeding, and guarding that person for the rest of their natural life.

      "You are assuming people who commited capital crimes are inherently unredeemable."

      Yes I do believe that the vast majority of them are unredeemable, there are always exceptions, but these are anomalies and statistically unimportant. I suspect any studies that suggest otherwise are again sponsored by anti-capital punishment groups and so is suspect.

      To continue on the logically consistent theme, what is your opinion of abortion? It might surprise you that I have no problem with abortion. There are only two logical answers when it comes to capital punishment and abortion, either you are for both or against both, being for one and not the other is logically inconsistent...

    24. Re:about barbarism by N3wsByt3 · · Score: 1

      "You assume that I agree that everyone in prison should be there, I don't."

      Do you mean that you think people who commit lesser crimes (e.g. for stealing something) shouldn't be in prison?

      Seeing your former line of reasoning, this would sound an implausable deviation of your anti-humane stance thusfar.

      "Secondly I do agree that beggers, bums, and welfare leeches should be gotten rid of."

      Yes, right...why does that not surprise me? And you do realise that no civilised country follows you in that notion, if it's the kind of 'permanent getting rid of' were talking about.

      "Sorry I forgot to address this earlier. Every study I have seen on this has been sponsored by anti-capital punishment groups"

      Aha, I see. It's a conspiracy, and all their researchpapers are bullocks. A compelling argument!

      "Logically it makes no sense, because any person convicted of any crime, provided they feel they are innocent, is going to appeal. Even if you consider capital punishment appeals to cost more, the difference in cost isn't going to make up for the money spent housing, feeding, and guarding that person for the rest of their natural life."

      I actually agree with most of that; it does seem illogical. One possible explanation could be the way the appeal and the proceedings work; for instance, the average time the prisoner in deathrow spends is 15-20 years. Since that is about the jailtime for a murderer, it could well be that the price for the death penalty is equal or higher. Now you can say again: speed it up! But the fact is it currently DOES take as long, and thus the reasoning for it isn't actually there.

      Besides, even then the state could as well order them to life-long forced labour, and then it would certainly cost less.

      Bottom line is, while one can speculate all we want, it is currently unfounded that the death-penalty would cost less then life imprisonment. All indications thusfar - speculations and personal opinions aside - show the oposite (even if you call it biased). Untill the claim is actually demonstrated to be true, it remains unsubstantiated. And if it remains unsubstantiated, one can not argue it makes a valid argument.

      "Yes I do believe that the vast majority of them are unredeemable, there are always exceptions, but these are anomalies and statistically unimportant."

      Look, I *KNOW*: I'm well aware that *your opinion* is that no murderers deserve to live anymore, that beggers should be rid of, that you believe that those prisoners are unredeemable... but you did not *once* back any of this up! Your opinions are nowhere susbstantiated! There is no example of a country where the 'murderers should all die' is actually followed, nor where beggers get a similar solution, there is no proof that capital punishement is actually cheaper than imprisonment, there is no shred of evidence to claim they are unredeemable (and all indications are that they in fact are, for the most part), etc.

      What I'm getting at is; while you make several claims and arguments, they are *all* unsubstantiated and lack *any* real evidence that they are true. Your whole reasoning is based on confabulation and personal opinion, without a shred of evidence.

      Which is fine, as long as it remains just that, but you seem to imply that your ideas and opinions about it are actual true (the only time you didn't, was with the failing of the courts).

      We can not debate this any further, if you take your opinions as facts, without substantiating them, nor if you are going to counter every fact I give with "it's sponsored by anti-capital punishment groups".

      I'm not a psychologist, so I'm not entitled to speculate whether you are psychopathic to some degree or not, but... ...do you realise how abnormal and inhumane this al sounds? I mean, I know many USA-dudes (not that you don't have others) have egocentric tendencies where they see humans as tools, or reduce their value in terms of profit or costs.... but you really beat everyone that I enco

      --
      --- "To pee or not to pee, that is the question." ---
    25. Re:about barbarism by Undertaker43017 · · Score: 1

      "Do you mean that you think people who commit lesser crimes (e.g. for stealing something) shouldn't be in prison?"

      In the US a fair number of people go to prison for drug related "crimes", "crimes" as petty as possession/using, these are the people I am referring to. Drug addiction is no different than alcohol/tobacco addiction and should be treated the same way. Granted they are using an illegal drug, but if the "state" can't keep the illegal substance off the street, then why should the people who use it be penalized for a failing of the "state" (this happens in other areas too, drugs are just one example).

      I do believe most of what I have written, with the exception of killing bums and beggers. In the US bums and beggers are not too much of a problem, they tend to stay to themselves and are easy enough to ignore. Most cities I know of don't even bother to take them to jail anymore, even though there are still laws on the books about panhandling, etc. I suspect more college students get locked up every year for "drunk and disorderly" than bums, which is a huge waste of the systems time (college students or bums), just take them out of the situation they are in and take them back to their dorm/home/tent/box and call it an evening.

      "What I'm getting at is; while you make several claims and arguments, they are *all* unsubstantiated and lack *any* real evidence that they are true. Your whole reasoning is based on confabulation and personal opinion, without a shred of evidence."

      I haven't seen any real evidence from you either, not that it would change my mind. Your arguments all stem for your belief that the "killing of just one innocent" is unacceptable. Which, speaking of innocents, what was your stance on abortion? Must have missed it in your reply...

      I am not empathetic toward the dregs of society. I believe everyone should be responsible for themselves, their actions, and suffer the consequences of those actions. They also shouldn't look to the "state" to support them for the rest of their lives (welfare leeches), and live on the backs of other hard working members of society.

      "Yes, right...why does that not surprise me? And you do realise that no civilised country follows you in that notion, if it's the kind of 'permanent getting rid of' were talking about."

      Fortunately for you, there are too many bleeding heart liberals to ever allow my idea of Utopia, so you don't have a lot to fear, my dreams will go unfulfilled. Everyone has a different idea(s) about their ideal, civilized society, most won't be realized, so everyone has to make due with the one their stuck with.

    26. Re:about barbarism by N3wsByt3 · · Score: 1

      "I haven't seen any real evidence from you either, "

      Well, I have the distinct impression you shun it with saying it's all sponsored by anti-capital pushing lobying groups.

      "not that it would change my mind."

      That says it all, really. You basically acknowledge you wouldn't change your position even if you were proven wrong in all your argumentation. This is not the attitude for having a meaningful debate, and it is certainly unreasonable... as another poster with similar ideas as you said: "Those who have rejected reason cannot be conquered by it. They only understand violence and brute force, and so must be dealt with in those terms."

      Yes, I know, it's ironic.

      "Which, speaking of innocents, what was your stance on abortion?"

      I didn't comment on it, because I'm getting tired of this thread. As you clearly indicated, you're not really interested in an openminded debate, your mind is set in front.

      I don't follow your reasoning why the one should be coppled to the other, but personally, I'm against it. I'm not against it because of what is said in the Bible or on any religious grounds (I'm actually an atheist), but with logic I can only come to two conclusions: or one should dissallow abortion, or one should allow it even after birth. Both are equally logical, but when related to observable reality, there is no society which allows children up to a year or two to be exterminated. So reality together with my humanistic view and empathy makes me chose the latter.

      However, as said, this thread has reached its end as far as I'm concerned, and I will not debate in it any longer. If you want to discuss abortion, you'll have to wait for another oportunity; a FA on /. and a relevant other thread, to discuss it with me.

      "I am not empathetic toward the dregs of society."

      The fact that you consider humans to be dreg with such ease, and that you shrug of (even innocent) lives so easily, is exactly why I said you severly lack empathy.

      "my dreams will go unfulfilled."

      I'm relieved they won't be fulfilled, because they would be closer to a nightmare. I fear the day people will base their judgement of the worth of a human being on their personal opinion of who is dreg and who isn't, again.

      Anyway, as said, you'll have to wait for another oportunity if you want to have the debate about abortion. Right now I don't feel like it, and this thread has been going on long enough; this is my last post in it.

      --
      --- "To pee or not to pee, that is the question." ---
    27. Re:about barbarism by N3wsByt3 · · Score: 1

      "Both are equally logical, but when related to observable reality, there is no society which allows children up to a year or two to be exterminated. So reality together with my humanistic view and empathy makes me chose the latter."

      I meant the former, obviously.

      Shows that I'm geting tired.

      --
      --- "To pee or not to pee, that is the question." ---
    28. Re:about barbarism by Undertaker43017 · · Score: 1

      "I don't follow your reasoning why the one should be coppled to the other, but personally, I'm against it. I'm not against it because of what is said in the Bible or on any religious grounds (I'm actually an atheist), but with logic I can only come to two conclusions: or one should dissallow abortion, or one should allow it even after birth. Both are equally logical, but when related to observable reality, there is no society which allows children up to a year or two to be exterminated. So reality together with my humanistic view and empathy makes me chose the latter"

      At least your logically consistent. ;) The reason I brought it up is because of your concern over killing innocents, in the US this is frequently used as an argument by the anti-abortion folks, who BTW usually support capital punishment, and vice versa, pro-abortion supporters are typically anti-capital punishment. Never wanted to debate you on it, just wanted to make sure you were logically consistent. Abortion isn't something I feel too strongly about either way, it just falls under my motto of: kill em all and let their god(s) sort it out (apathetic agnostic myself).

      "I fear the day people will base their judgement of the worth of a human being on their personal opinion of who is dreg and who isn't, again."

      BTW, it wouldn't be a "personal" opinion, it would be the opinion of the "state", formed much in the same way that opinions are formed on who is and who isn't a criminal. As I mentioned, currently the US has determined that drug users are criminals, lots of people have their own "personal" opinions about this, but the "state" is of the opinion they are.

    29. Re:about barbarism by N3wsByt3 · · Score: 1

      ok, I know I said I was going to stop with this thread, but, hey, it's a new day (well, for me at least). ;-)

      "The reason I brought it up is because of your concern over killing innocents, in the US this is frequently used as an argument by the anti-abortion folks, who BTW usually support capital punishment, and vice versa, pro-abortion supporters are typically anti-capital punishment."

      I don't think the two are *inherently* linked to eachother.

      The first kind of folks could use an utilitarian argument, like you did in regard to capital punishment, and claim the killing of some innocents isn't all that bad if one can kill more bad guys. For it to be illogical in that viewpoint, you would have to demonstrate that killing unborn children (the innocents) isn't all that bad if you can kill more of...what/whome?

      See? While the premise might be wrong, once you *start* with the utilitarian premise, it *could* be valid for anti-capital thoughts, yet remain equally valid for anti-abortion. They still would fail to demonstrate that their decision to regard prisoners as non-humans is utterly arbitrary and not based on reality however, but maybe they did find a compelling argument, who knows? Point is, the two things don't *have* to be inherently linked.

      The second kind of folks don't need to be contradictory per se neither; if you start with the premise a foetus isn't a human being until it is born, then you can be pro-abortion (because it's not a human being yet) and anti-capital (because prisoners are).

      Ofcourse, that would depend on the validity of the claim when someone is human or not, and just as you did with claiming prisoners aren't human, both kinds of folks have a rather unsubstantiated assertion of when this is the case, and when not. And equally as you did, most of the time it is solely based on their own opinions, not by more objective criteria which have some truth in reality, and while remaining consistent within their own reasoning.

      For instance, on what is the claim based, that babies only become human at birth, and not before? There isn't really any meaningful mental or physical difference before or after birth, with the child. (Which isn't the case with before or after conception). Thus, to remain logical, one would have to search for another criterium that makes more sense. One of which could be, that a human only becomes human when he becomes selfconsient, or when he becomes able to communicate with words, or such - a valid proposition, because the use of language is a clear distinction between us and animals. But, as said, such a reasoning would mean, that children could in principle be allowed to be killed up to a year or two. This misses any substantiation in reality and can't be observed to be happening anyware. (Mind you, there have been cultures that killed part of their own children, but not for those reasons - in fact, it had mostly to do with religion and superstition, and not with reason at all).

      I do not doubt that both groups often fail when you really examine their arguments, but I wouldn't dare to say a priori that both simultanious-pro-vs.-con-arguments inherently contradict eachother.

      --
      --- "To pee or not to pee, that is the question." ---
  48. Re:WTF?? by Harry+Coin · · Score: 1

    FYI, the DoD has no classified information connected to the Internet. They have a completely separate network called the SIPRNET for that. It's possible that some classified information was mishandled, but I doubt that's what he saw. The US wants to lock him up because he embarrassed them publicly by disclosing how weak the security is on the non-classified side.

    --
    That's pre 7-11 thinking....
  49. smoking a lot of dope at the time .. by rs232 · · Score: 1

    'The Americans have a secret spaceship? I ask'

    'I guess so," says Gary'

    'What were the ship names'

    'I can't remember, says Gary'

    'I was smoking a lot of dope at the time. Not good for the intellect'

    They should let him light up a spliff in the dock, that way his memory should return.

    --
    davecb5620@gmail.com
  50. Torture by shadowspar · · Score: 0

    The US tortures people. That alone should be enough reason not to extradite anybody there.

    --

    There is a spellbook here; eat it? [ynq]

  51. Re:WTF?? by Hrothgar+The+Great · · Score: 1

    The US wants to lock him up because he COMMITTED CRIMES. This should be fairly obvious, I would think, given even a cursory glance at the history of crime and punishment, or even maybe looking up the word "crime" in the dictionary, but evidently that's well beyond the expendable effort of most slashdotters.

  52. There has got to be more to the story... by Vr6dub · · Score: 1

    "the US manages to extradite him using an agreement they refuse to ratify

    Surely there is more to that story?!?! Any right minded individual/country would just say f*ck you. We can deal with semantics all day long but if this is indeed true and the UK doesn't stand their ground on this then I believe the world bears part of the blame for the American government's elitist attitude. They are so used to countries bowing under pressure, they don't care. I'm an American but am asking the world governments to grow a pair and stand up for a change.

    I know it seems much more complicated than that but it isn't. Problem is I guess, most other countries are too busy worrying about their agenda they don't bother.

    Thoughts?

  53. I hate to say it.... by fudgefactor7 · · Score: 1

    ...But I think the guy should be extradited to the US to stand trial. Why? Becuase he knew what he was doing was illegal (not only according to US law, but UK law as well), he did it anyway, and then hid behind the whole "it was just my curiosity" faux-argument. Of course, I believe that any crime committed should warrant extradition, because that's just the right thing to do. I also believe that you should be judged on the laws of the land where the event took place, not on laws in your own homeland. What this means is that if you're going to do something that's legal where you live, but not legal in come other place, you make damn sure that all the pieces line up squarely in the land of legality: if I perform some act in, say, Thailand, that is perfectly legal there I should not face prosecution at home (in the USA) because that same act may be illegal. In essence: obey the law of the land of the country in which you are in or are acting. He acted "in" the USA, against US servers and security (which was pretty lame, I'll admit); and thus he should be extradited and pay the price of what the US courts allow. Now, mind you, what he did shouldn't warrant a 45 year time in the pokey...that's just crazy. Let's save that kind of sentence for the violent offenders among us.

    1. Re:I hate to say it.... by DamnStupidElf · · Score: 1

      Of course, I believe that any crime committed should warrant extradition, because that's just the right thing to do.

      You have broken several country's laws today. Which one would you like to be extradited to first? Iran? China? North Korea?

      I also believe that you should be judged on the laws of the land where the event took place, not on laws in your own homeland.

      So when you touch down in Backwardistan on a connecting flight with your girlfriend, they can execute you for fornication even though you're an American citizen?

      He acted "in" the USA, against US servers and security

      I didn't know the Internet magically transported people to other countries. Does that mean the Chinese can arrest you for sending information about democracy to their country?

    2. Re:I hate to say it.... by fudgefactor7 · · Score: 1

      Damn, Elf, your name is highly appropriate. You fail at Comprehension 101. I broke laws in several countries, yes; however, I'm not "in" those countries, nor am I acting toward them. Their laws do not apply because I didn't do anything to THEM. The Backwardistanis would need to prove that I've done anything inappropriate with the woman in question; what's more they couldn't prove that she wasn't my wife--the paperwork hadn't been filed yet. Secondly, why would I go to Backwardistan? Sounds like I'd need a paddlin' for that one. Yes, the Internet DOES transport you if you specifically go after something physically located (the media or the server) in another location. Putting a server on the Internet doesn't make you a non-citizen of the place in which you reside, it merely makes you a person with a server on the Internet. And, no, the Chinese can't arrest me for sending info to them as I've done no such thing...last I looked ./ required an HTTP REQUEST ... it's not UDP streamed. The poor Asian punk who loded this page is the guilty party, not me; I haven't broken any laws in the country in which I reside.
       
      I win.

    3. Re:I hate to say it.... by DamnStupidElf · · Score: 1

      The Backwardistanis would need to prove that I've done anything inappropriate with the woman in question

      In some fundamentalist countries, an unmarried woman traveling with a man who is not part of her immediate family is instantly a criminal. True, visiting such countries is probably a bad idea in the first place, but perhaps business or family needs might demand it, or even just dumb luck like plane trouble causing a diversion to the nearest airport.

      Yes, the Internet DOES transport you if you specifically go after something physically located (the media or the server) in another location.

      Riiight. That's why you pay taxes to the state or country the server lives that you buy things from online, and why you have to pay income tax for the items purchased from you on ebay to the state or country the buyer lives in. You are not touching the remote server, it's not even as physically connected as a phone line (most of which get packet switched for long distance calls anyway). You have no control over the route that your packets take, or the route return packets from the server take. Only specific laws about Internet traffic and computer access have jurisdiction, and only then in the country they are written. Extradition should be limited to crimes that can not be effectively prosecuted in the country where the defendant resides, not merely in the most politically convenient location. What good is your country if it won't protect you from the arbitrary laws of other countries?

    4. Re:I hate to say it.... by Anonymous Coward · · Score: 0

      "if I perform some act in, say, Thailand, that is perfectly legal there I should not face prosecution at home (in the USA) because that same act may be illegal."

      Curiosly enough that's exactly what would happen. At least in UK and probably in USA too a local citizen can be locally prosecuted for child abuses if he goes to Thay and lay with a 14 y.o. prostitute even when you did nothing illegal in Thailand itself. But that is a very special case (curious you managed to name the *only* exception I'm aware of about an act prosecuted by citizenship and not where it was affected).

      Anyway, you didn't think enough about what you say, since it has a lot of far reaching effects you really don't desire (ie: what about that wacky video that ended up at youtube exhibiting yourself in some situation which happens to be a nasty crime in Littlestain? Since Internet is on your own account almost a "teletransporting device" the fact is that you exhibited yourself in Littlestain where doing so is regarded a crime).

      "Now, mind you, what he did shouldn't warrant a 45 year time in the pokey...that's just crazy"

      But in this particular case that's exactly what will happen. And in the general case scenario, by "blindly" extraditing your citizens to elsewhere you are just opening the way for them to be exposed to crazy penalties that happen to be thought out as sensible by a foreign jurisdiction.

    5. Re:I hate to say it.... by psysjal · · Score: 1

      I find it very hard to accept that anybody "acted" in a country where they were not physically present at the time. Not even in a physical case of say a missile. Absolutely ridiculous. Even worse is the fact that the one way extradition arrangement was put in to fight terrorism not a stoned guy breaking security so weak it makes the rest of the world laugh. For citizens of the UK there is a petition to scrap the extradition arrangement used: http://petitions.pm.gov.uk/Extradition/ The US never ratified it because it was "unconstitutional". Well they got that right, why we ratified it is a complete mystery. Hey Tony can you bend over any further ... well actually George maybe I can.

  54. Sure by Hrothgar+The+Great · · Score: 1

    It would be as if you were driving in your car, using a laptop to hack into the department of defense, and then the UK extradited you to the US for committing a crime against the federal government.

  55. heh ;-) by circletimessquare · · Score: 1

    no, no military here. your points are well taken. military as the movie "office space"

    thanks for the education ;-)

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  56. GITMO for terrorist hackers by Anonymous Coward · · Score: 0

    Especially those who damage DOD computers.

  57. The Bogeyman by Quila · · Score: 1

    His defense has been raising the Guantanamo bogeyman for too long. This is a regular criminal case, not a terrorism one, and the government has said it will prosecute it as such. It's time to lay off the fake, strawman Guantanamo angle and realize that he is simply another criminal suspect who should be extradited to stand trial.

  58. Not high-security by Quila · · Score: 1

    He simply challenged seemingly high security systems with very low-tech kludgey scripts

    The government's high-security systems are not accessible from the public Internet. They are collections of government networks securely linked together to form completely separate mini-Internets. Computers joined to these networks are a bit more strictly controlled.
  59. Securing our nation's sensitive data... by Coldmoon · · Score: 1

    through embarrassment!

    While I believe in the rule of law, I also believe in applying that law with understanding and compassion so that the punishment is appropriate. For too long, our justice system has been used to make "points" rather than to actually dispense justice, especially when someone powerful (or some powerful organization) is caught with its hands in the stupidity jar

    If Gary is going to have the book thrown at him, then everyone who had authority over the security policies for the network should also be subject to the same scrutiny by the public with appropriate punishment also applied to each one of them.

    If we are going to live by the rule of law, then its damned time we started walking the walk

    --
    Coldmoon over Dark water...
  60. Why punish Gary for U.S. government incompetence? by alienmole · · Score: 1

    The U.S. government has a history of overzealous prosecution in hacker cases, particularly ones in which the hacker exposes incompetence within the government. Why should a UK citizen be subject to U.S. capriciousness in this regard, especially considering that he didn't commit the "crime" on U.S. soil?

    Worse, the U.S. apparently cares far more about punishment than rehabilitation, particularly in cases like this, where I presume they feel that since they're not competent to protect their own systems, they have to scare off those with the ability to compromise them. So McKinnon, having done no real damage (despite the bogus claim of $700K) is going to have to pay for the U.S. government's incompetence and vindictiveness.

    For the record, I live in the U.S. and I'm speaking from first-hand experience.

  61. Re:Why punish Gary for U.S. government incompetenc by Quila · · Score: 1

    The U.S. government has a history of overzealous prosecution in hacker cases
    True, but we still have a right to prosecute those who commit criminal acts.

    where I presume they feel that since they're not competent to protect their own systems, they have to scare off those with the ability to compromise them
    So part of our security is to scare people into not compromising it. Sounds good to me. Defense in depth.

    So McKinnon, having done no real damage (despite the bogus claim of $700K)
    I also don't like the inflated estimates. However, if the known compromise of one computer caused the organization to spend the many man-hours checking every computer in the organization, that is a legitimate -- and expensive -- damage. But the government should be required to prove that damage, not just be able to throw out big, round numbers.
  62. Summary incomplete by Anonymous Coward · · Score: 0

    Who is he, and why should I care?

  63. Re:WTF?? by Talgrath · · Score: 1

    This was actually my thought too; they were probably trying to find terrorist hackers and idiot kiddy script runners using the network, but of course they won't say it was a honeypot operation because they're the US government. In any case, just being "curious" isn't an excuse to break into a computer, just because you could.

  64. Welp... by Anonymous Coward · · Score: 0

    If the fucker did it, send him over, let him be tried and jailed.

    The fucker.

  65. Car analogy by Garwulf · · Score: 1

    So, by that rationale, if I drive a car into your bay window and up your stairs to see if you've got that new album by Phunk Me in your room, it is your fault that you didn't have concrete instead of glass, and that the steps damaged my suspension?

    --
    Robert B. Marks
    Author, Demonsbane in Diablo Archive
  66. Nads in the vise by SgtChaireBourne · · Score: 1

    He's not the only one who should have his nads in a vise about now for bad judgment. Several other parties were actively involved in setting it up so he could get in:

    He was able to get into the government computers because someone else saw fit to deploy unsound technology proven to be unfit for a networked environment. The individuals involved in making the decision to roll MS Windows into the production environment there functionally enabled McKinnon and others to get in and root around, need to be sharing his cell.

    Let's not pretend that there was only one crime committed.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  67. Number one! number one! by Hognoxious · · Score: 1

    In such cases, "probable cause" is interpreted in practice as "proof". The only way to get proof is the trial. I suppose they could be tried in their absence, but that wouldn't count either because that would also be unconstitutional (right to face their accuser).

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  68. Not much of a jump at all... by Physics+Dude · · Score: 2, Insightful
    Maybe you've been living in a cave, but lately the US government has been holding people for years without even an actual charge against them, and have condoned and even defended use of torture of these "detainees".

    Also note that you can become one of these detainees, and have your constitutional rights as a citizen thrown out the door without anything more than an unsubstantiated accusation of terrorism.

    There are no checks and balances left in place to stop blatant abuse of this situation so that anyone can be at risk, and I suspect that you'd hear a lot more about this if there weren't "gag orders" and such to keep people quiet.

    With these kinds of things going on, just how far from a police state do you think we are? The current administration is trampling under foot the Constitution of the United States and people are happily pacified by their televisions and video consoles.