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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."
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
As you could tell if you read the article.
... 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)
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
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.
"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."
I still don't get it . . . Maybe you could use a car analogy.
I am not a crackpot.
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.
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.
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.
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
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.
"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.
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
"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.