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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.
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
I'm so sick of the aspie defense. Seems like every time a computer user is on trial (remember Reiser?), it gets rolled out. "My client is guilty as hell, but he's got Asperger's!" First, your mental handicap has to be to the point where you quite literally don't know what you're doing - so just give it up, having light Asperger's doesn't cut it. Second, it impacts the way people view us computer professionals - for example, when we try to argue for less copyright and more information freedom. The aspie defense does us about as much good as the "Your honor, this man did indeed kill his daughter, but he's Muslim, he can't help himself" defense does for the vast majority of Muslims.
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.
""Despite his growing affinity for the machine, he left school at 17 to become a hairdresser, a career cut short by a friend's insistence that there was better money, and he was better suited, to a career in IT."" http://www.pcpro.co.uk/features/252972/gary-mckinnon-britains-hacking-hero.html I find it highly unlikely that an Aspie would ever become a hair dresser, an incredibly social job. Anybody who has every had any kind of contact with a true Aspie knows they avoid social situations like the plague. I call shenanigans.
No, leaving your door unlocked is not an invitation to enter.
But we don't lock people up for 60 years for trespassing.
If the original post up there is correct, what he did was far less severe a crime than trespassing.
A fine would be appropriate here. Decades in US federal prison most certainly is not.
If the masses can keep you down, you're not the Ubermensch.
Maybe people will finally realise Aspergers isn't a real condition and an excuse for the the socially inept to not make the effort.
Some psychological, personality, and/or developmental disorders aren't fictitious. Maybe people will finally realize that and stop being facetious know-it-all assholes. Then again, maybe people like ringbarer are obvious trolls and my social ineptness and my lack of effort is the excuse for this misunderstanding.
"Be prepared, son. That's my motto. Be prepared." --Joe Hallenbeck
I know you were trolling, but I need to respond. I have AS. My father has it. My grandfather had it. And my son and one of my daughters have it. Believe me, it's real. I'm nearly 40. I'm just now feeling like I'm getting a handle on social skills. I believe I'm now entering the realm of the merely poor people-skilled humans. But it's much more than a lack of people skills. I have problems experiencing any emotion except anger. Sometimes I know what I'm feeling. Sometimes I feel something specific (like jealousy or embarrassment for example) but interpret it as a generic "bad". Sometimes I can't identify it at all. And sometimes I feel nothing when something should be there. Even when I know exactly what I'm feeling, 80% of the time, I express it incorrectly. Normal people can't read me either. They think I'm angry when I'm not, or feel completely blind-sided when I am angry. Behaviors that are natural and automatic for neurotypicals are learned behaviors for me. And if I haven't learned them, I execute them wrong or not at all. I have problems with executive function meaning that it's difficult or impossible to plan and organize some things. It explains why I always scored sky-high on aptitude tests in school, but always got bad grades. My spacial relations, problem solving, design abilities, and speech/linguistics are way out there. I always impress people with it. But my memory is beyond terrible. I can remember hardware addresses of computers I used 20 years ago, but can't remember what I had for breakfast a couple days ago. I also have sensory problems, mainly with touch and hearing. I have problem filtering out background noises and focusing on specific people talking. I have no idea what they're saying. Yet my hearing tests out perfect. When it happens, it's like my wife has switched to a foreign language. My gait is visibly wrong, which is common. I also have the theory of mind problems (mind-blindness). It's sometimes nearly impossible for me to understand at all how someone else feels unless something nearly identical has happened to me. As a coping mechanism, I have a long mental list of things that I know make people feel bad. When someone expresses sadness to me because of one of these things, I fake the empathy back to them. It works most of the time. And I intend the same things for them as someone who actually feels bad for them. I really want them to feel better. But inside me, I feel mostly nothingness.
Asperger's Syndrome and other autism spectrum disorders are real. I've benefited partially from it. But for the most part it sucks. I would give anything to be normal.
Disconnect your television. Do your own research. Draw your own conclusions. They're probably lying. Don't be a sheep.