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British Hacker Loses Review of Asperger's Defense
Barence writes "Gary McKinnon has lost the judicial review of his case, dealing a potentially fatal blow to his hopes of avoiding extradition to the US. Lord Justice Stanley Burnton and Mr. Justice Wilkie dismissed the review at the Royal Courts of Justice. The review had been assembled to determine whether the diagnosis of McKinnon's Asperger's Syndrome had any bearing on the Home Office's original decision to extradite him to the US. Asperger's sufferers often exhibit obsessive behavior and social naivety, which McKinnon's lawyers have long offered as mitigation. His legal team now has 28 days to appeal the verdict, and his lawyer, Karen Todners, has indicated they may consider taking his case before the US Supreme Court. Last year we discussed a full profile of the hacker published by the BBC." Sophos's survey of 550 IT professionals found that 71% believe McKinnon should not be extradited.
It is the new English supreme court the case is going to, the one that replaces the Judicial Committee of the House of Lords.
What is really pissing the British off is that the American government is trying to extradite McKinnon using a law that was passed under the shadow of 9/11 for the purposes of anti-terrorism.
Granted, McKinnon was foolish to enter the US government computers, although perhaps he should be given a consultant's fee for highlighting such lax security. If they're going to prosecute him for being an idiot, then certainly they could look closer to home.
And the tactics employed by the American Justice Department have been more than questionable under various EU laws, let alone the English legal system.
Perhaps the biggest disappointment is to see the politicians rolling over for the American government instead of standing up for their own citizens.
Did McKinnon break into the systems? Yes, and he has admitted such. Surely as a British citizen having commited a crime in England he should be tried under English law.
Iain
He didn't "hack in". They had default "Administrator" accounts with no password. The hundreds of thousands of dollars worth of damage he's supposed to have caused was the cost of checking to see if he'd damaged anything (he hadn't) and fixing the security holes (which weren't his problem). They only noticed the intrusion because he left messages telling them!
What he did was the moral equivalent of walking through an unlocked, unguarded door and having a look round. For this he's facing 60 years in jail. This is not justice.
What he did was the moral equivalent of walking through an unlocked, unguarded door and having a look round. For this he's facing 60 years in jail. This is not justice.
And... Leaving a note to the property owner. " You left the door open and I looked around. Please remember to lock it"
This used to be true, however in the last couple of years the treaty has been fully ratified by the US such the the extradition conditions are now the same for both the US and the UK. See http://press.homeoffice.gov.uk/press-releases/UKUS-extradition-traety for details
It may be an excuse if it wasn't for the obvious neurological difference that shows up in MRIs of people both with autism and AS.
Wow, simply wow. Have you been to Mexico? Egypt? Any nation outside of Western Europe or North America? I'll take an American prison any day with internet and three square meals.
"Never let your sense of morals prevent you from doing what is right" - Salvor Hardin