Slashdot Mirror


In UK, Hacker Demands New Government Block Extradition

Stoobalou writes "Pentagon hacker Gary McKinnon has called on the newly elected British government to put its money where its mouth is and tear up his extradition order. US prosecutors have been trying to get McKinnon before a New Jersey court for seven years after they caught him hacking into US military and NASA computers looking for evidence of UFOs. David Cameron, the newly elected prime minister, and Nick Clegg, the deputy prime minister, had both voiced their support for McKinnon's campaign against extradition. Other ministers in the coalition government had branded the extradition unjust. Clegg had even joined McKinnon's mother, Janis Sharp, on a protest march."

349 comments

  1. But now by MichaelSmith · · Score: 0, Troll

    David Cameron: Gary who?

    Nick Clegg: Um, yeah well, nice bloke that Barack Obama, isn't he?

    (thats my guess anyway).

    Maybe crimes comitted in the UK should be prosecuted there as well. Say he fired a cruise missile at the whitehouse from the UK (not that far fetched in this day and age) should he be tried in the UK?

    1. Re:But now by Thanshin · · Score: 4, Insightful

      Say he fired a cruise missile at the whitehouse from the UK should he be tried in the UK?

      Obviously, yes.

      However I see the structure in your sentence implies the answer might be "No". And answer I can't even imagine.

      Now I'm interested in anyone's explanation on why would someone have to face a legal process that's not of his country.

      I'd welcome any other similar example too. Paying another country's taxes, electing another country's president (Ok, forget that last one if you're CIA).

    2. Re:But now by Jah-Wren+Ryel · · Score: 3, Informative

      I'd welcome any other similar example too. Paying another country's taxes,

      American expats are the only nationals in the world who have to pay income tax to their country of citizenship even when they have lived on foreign soil for decades.

      --
      When information is power, privacy is freedom.
    3. Re:But now by Jah-Wren+Ryel · · Score: 1

      What's your definition of "one's country"?

      Apparently its different from that of all the other countries except the USA.

      --
      When information is power, privacy is freedom.
    4. Re:But now by sakdoctor · · Score: 1

      "one's country" is the country which owns you.

    5. Re:But now by Capsaicin · · Score: 3, Informative

      Now I'm interested in anyone's explanation on why would someone have to face a legal process that's not of his country.

      It depends on the rules of court for claiming jurisdiction, often jurisdiction is extended to the place where an offence is committed. This is not necessarily where the accused was at the time of the offence, as in this case, where, depending on the relevant law, the offence, at law, may have been committed where the "break-in" occurred.

      As regards extradition, where I am .au, and I imagine in the UK too (since we share much of the same law on questions like these), an extradition should be granted only for an offence recognised by local (ie the country granting the request) law, and for which the punishment would not be considered unduly harsh by the standards of the local country. Thus most countries won't extradite (or even cooperate with supplying evidence) if there is a possibility that the state will execute the individual.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    6. Re:But now by Thanshin · · Score: 1

      "one's country" is the country which owns you.

      With a careful definition on what a country is and how can it "own" things, that definition is quite appropiate.

    7. Re:But now by Kvasio · · Score: 0, Troll

      so .... you really say that thousands of American soldiers should be tried in Iraq, Afghanistan, Somalia and many other places? It is hard to argue with that they fired there quite a lot of ammo.

      Oh, I see. You say that was war. However, in the eyes of people of Iraq, Afghanistan and so on - they were terrorists.

    8. Re:But now by Schoenlepel · · Score: 3, Insightful

      If I performed a criminal act, I can reasonably expect to be tried in the country where the crime was performed as the laws of that country were violated.

      Seeing that McKinnon performed the "crime" of "breaking" (bad security is no security, therefore he did not break any security) into government computers in his home country, not inside the U.S., he needs to be put on trial in his home country.

      In addition, the U.S. has shown to have completely no respect for human rights. So, he can reasonably be expected to be exposed to torture. Why would this guy be sent off to a strange country to stand "trial" for a crime he did not commit? I can imagine he'll just disappear once he enters the U.S.

    9. Re:But now by MichaelSmith · · Score: 1

      If I put a picture of my wife on the internet should I be extradited to Saudi Arabia for breaking their laws and corrupting the morals of their citizens?

      We could do this all day...

    10. Re:But now by NickFortune · · Score: 1

      Now I'm interested in anyone's explanation on why would someone have to face a legal process that's not of his country

      Well, IIRC, the computers he "hacked into" weren't even password protected for the most part. He wandered blithely through some of the most sensitive computer networks in the US for months, unchallenged, and was only caught when someone noticed the mouse pointer moving by itself on a monitor somewhere.

      So, a lot of US brass got egg on their face, and want to throw the book at the poor bastard. The concern is that if he's tried over here, he'll get sent down for five years, be out in three, and end up with job at a security consultancy. Considering that the only harm he's caused is forcing the US military to properly secure a lot of their computer network, that doesn't sound unreasonable to me.

      --
      Don't let THEM immanentize the Eschaton!
    11. Re:But now by moronoxyd · · Score: 0

      He illegaly gained access to servers in the US, so he commited the crime in the US and should be prosecuted there.

    12. Re:But now by abigsmurf · · Score: 4, Insightful

      Lib Dems are big on civil liberties, Conservatives will want to both undermine Labour and show themselves to be strong.

      Blocking the extradition would give both leaders brownie points with their own MPs. They'll want to stifle any murmurs of discontent from MPs who weren't to happy at their leaders 'selling out' their core values to get in power.

    13. Re:But now by Anonymous Coward · · Score: 3, Informative

      But there is a special treaty between the US and the UK that makes it easier. The last I heard, the US hadn't gotten around to ratifying its half of the agreement though, so it is one direction only, but it has been only seven years or so. Anyone got an update?

    14. Re:But now by Capsaicin · · Score: 2, Insightful

      If I performed a criminal act, I can reasonably expect to be tried in the country where the crime was performed as the laws of that country were violated.

      Crimes are committed rather than performed, but yes, exactly.

      Seeing that McKinnon performed the "crime" of "breaking" (bad security is no security, therefore he did not break any security) into government computers in his home country, not inside the U.S., he needs to be put on trial in his home country.

      The question of where the crime was committed might be a little more complicated than you imagine. One suspects that McKinnon, while physically located in the UK, committed the crime in the US. The things you can do with the internets!

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    15. Re:But now by Arancaytar · · Score: 1

      electing^W appointing another country's president (Ok, forget that last one if you're CIA).

      :P

    16. Re:But now by value_added · · Score: 2, Insightful

      Now I'm interested in anyone's explanation on why would someone have to face a legal process that's not of his country.

      As one example, you might want to consider the the principle that forms the basis of war crimes tribunals.

      Then, of course, there's the Polanski case ...

    17. Re:But now by Thanshin · · Score: 1, Troll

      He illegaly gained access to servers in the US, so he commited the crime in the US and should be prosecuted there.

      Who decided he illegaly gaines access? The US?

      Now imagine you're just browsing and North Korea decides you were illegally accessing their servers. Should you be sent there? Or maybe it'd be more reasonable that the north korean government informs yours of what they see as a crime and let your own law decide whether you're a criminal or not.

    18. Re:But now by couchslug · · Score: 1

      Crime committed FROM the UK against US property is more like it.

      If I shoot someone across a state line, the crime is committed upon the victim.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    19. Re:But now by L4t3r4lu5 · · Score: 1

      Yup! No change. It's one way.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    20. Re:But now by VocationalZero · · Score: 1

      American expats are the only nationals in the world who have to pay income tax to their country of citizenship

      That is only if they want to retain their USA citizenship. They don't have to keep it. http://www.straightdope.com/columns/read/841/how-do-i-go-about-renouncing-my-u-s-citizenship

    21. Re:But now by stupid_is · · Score: 1

      Plus, extending the "think-of-the-children" category, in the UK I think it is now possible to be tried for crimes against UK law committed overseas - even if they were legal in the country they were committed (although I don't have a citation). The law used to do this was made to get at the sex tourists who go to countries with a very low age of consent

      --
      -- Intelligence is soluble in alcohol
    22. Re:But now by Anonymous Coward · · Score: 0

      ...You do know there's a form you can fill out after 18 months, right?

    23. Re:But now by blind+biker · · Score: 1

      Obviously, yes.

      Is it really that obvious? For example, should the Lockerbie bomber (Pan Am flight 103) be tried in Libya or in the UK?

      --
      "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    24. Re:But now by Ragzouken · · Score: 3, Informative

      Even here, in the UK, it's against the law to gain unauthorized access to a computer system.

    25. Re:But now by L4t3r4lu5 · · Score: 4, Insightful

      The issue here isn't what he did and where, it's a question of excessive and inhumane punishment. In the UK, he'd be expected to get maybe 2 years in a minimum security prison, probably with an order preventing internet access for a couple of years, maybe a fine or some form of remuneration to the US gooberment. In the US, he faces fifty years in your oh so popular Federal PMITA prison system.

      Remember: He fully admitted breaching the systems described; He had no malicious intent, he was investigating UFO cover-ups; He has recently been diagnosed with Aspergers Syndrome, and professional medical opinion is that he will fulfil his stated intention to commit suicide if extradited to the US for trial; The access he obtained was extremely easy to obtain, and would most likely have been abused by a malicious attacker had it not been discovered by Garry's actions.

      Garry is guilty of illegally accessing government computer systems in the US, but the sentencing guidelines would put him at at least 70 years old when he is released. There are no words for how inappropriate that is.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    26. Re:But now by timmarhy · · Score: 3, Informative
      "American expats are the only nationals in the world who have to pay income tax to their country of citizenship"

      BBZZZTTT, WRONG! Australians also have to pay income tax to the Aaustralian tax office even though the don't live there or use any of the services that income tax provides.

      unfair and stupid, yes.

      --
      If you mod me down, I will become more powerful than you can imagine....
    27. Re:But now by L4t3r4lu5 · · Score: 1

      He admitted gaining access, and in the US it is illegal. There's not a lot of wiggle-room on that point. I think the main issues are that he's mentally unwell, will kill himself if extradited, and the proposed US punishment is disproportionate to the crime.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    28. Re:But now by Jah-Wren+Ryel · · Score: 1

      Cite?

      Time says otherwise:

      the U.S. is the only industrialized nation that taxes its overseas citizens, subjecting them to taxation in both their country of citizenship and country of residence.

      --
      When information is power, privacy is freedom.
    29. Re:But now by DMiax · · Score: 2, Interesting

      If they commit the crime abroad and against a citizen of another state I guess the local justice can do what the fuck they want. And the foreigner traditionally does not have the same level of protection of a citizen. For this reason treaties are signed that allow him to contact his embassy, for example, have a right to an interpreter, etc. But without a treaty whoever has him in their hands can try him.

      Also, one's own country could be too light on punishment with that, or could have no laws against the particular crime. For example Vatican does not recognize some financial crimes, so that their citizens (like cardinals) are not punished for those. Another country that seldom punishes his citizens for crimes committed abroad is the US, especially when the responsible is a military. There is a long list of complaints against US bases around the world for this reason. The US have convicted and imprisoned many foreigners in their history. On the opposite side, in one recent case a US citizen was convicted in Italy for killing an British citizen, and the US acknowledged that the trial was fair.

      Finally, if one's own country is not democratic and does not respect human rights, my government should *never* send anyone there. If they commit crimes they will be tried where they can defend themselves.

      So there *are* reasons for not trying a person in his own country, sometimes, and each case is different.

    30. Re:But now by Em+Emalb · · Score: 1, Insightful

      Remember: He fully admitted breaching the systems described; He had no malicious intent, he was investigating UFO cover-ups; He has recently been diagnosed with Aspergers Syndrome, and professional medical opinion is that he will fulfil his stated intention to commit suicide if extradited to the US for trial

      Oh, right then, guess that makes it all ok.

      --
      Sent from your iPad.
    31. Re:But now by Bert64 · · Score: 2, Insightful

      If you were located in Saudi Arabia at the time you did it, sure. Otherwise it is up to the Saudi people to ensure they don't import anything from other countries which is illegal in their own. Just like it's not legal to import legally purchased canabis from Holland into most other countries.

      Most of these laws were written a long time ago by people with no understanding of technology, so they don't take into account that someone can cause illegal activity to take place half way across the world without requiring a local agent in that area to carry out the crime on their behalf.

      I wonder what the legal status of remotely controlled weapons being operated from a different country would be...

      As for crimes committed in war, it is the dominant side who decides whats legal and whats not, the laws of the losing side don't count for anything because they're no longer in a position to enforce them.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    32. Re:But now by Thanshin · · Score: 1

      Even here, in the UK, it's against the law to gain unauthorized access to a computer system.

      And yet a judge has to decide whether you committed a crime or not.

      Another country telling yours you committed a crime may, as the very most, grant an investigation. Period.

    33. Re:But now by timmarhy · · Score: 2, Interesting
      although i don't agree that he just stumbled onto this computers - it's bloody obvious he targeted DoD computers in an attempt to access information he new damn well he didn't have the right to. I also don't think hard time for this kind of face saving nonesense is right either.

      I think lots and lots of community service, fixing PC's for the elderly or refurbishing PC's the low income earners, is the right way to go with non violent crimes like this, which frankly are pretty victimless.

      5 years doing helpdesk support every weekend for free would cure him of any urges to break into other computers. hell he'd probably vomit at the sight of a pc after that.

      --
      If you mod me down, I will become more powerful than you can imagine....
    34. Re:But now by ConfusedVorlon · · Score: 5, Interesting

      that's the problem in this case. Under the new 'fast track' extradidion, a British court never gets to consider whether there is evidence to justify the charge.

      That's important in this case, because although Gary admits that he hacked the computers, the key point is what level of damage he did. There is a strong implication that the damage numbers were concocted in order to meet the threshhold required to justify extradition.

      Essentially, in order for the extradition to work, the US have to state damages above a certain level. Gary's team contest that the $700k damages alleged were simply concocted to meet this level.
      Given that Gary hacked into computers that just had the default windows password set - and that the damage was calculated by figuring the cost to audit and fix this breach, there is at least an argument that this should have been done anyway, and isn't damage caused by Gary.

      Unfortunately, Gary doesn't get to make that argument until after extradition.

    35. Re:But now by Schmorgluck · · Score: 1

      The Polanski case is interesting in this respect. He could in theory be tried in France for what he did in California... except that a trial had already taken place there, so it's impossible.

      --
      There's nothing like $HOME
    36. Re:But now by ConfusedVorlon · · Score: 2, Informative

      actually, the max sentence in the UK at the time of the offence would be 6 months. (according to wikipedia anyway)

      -and given that this was low tech hacking (just using default passwords and not damaging stuff), he might get off with a slap on the wrist.

    37. Re:But now by Sir_Lewk · · Score: 1

      Suppose those American owned servers had been in a datacenter located in China? Not an unreasonable hypothetical at all.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    38. Re:But now by sqldr · · Score: 1

      Say he fired a cruise missile at the whitehouse from the UK (not that far fetched in this day and age) should he be tried in the UK?

      I would say getting hold of a £500000 ICBM is still pretty far fetched. We have gun laws in the UK.. maybe the Americans can buy them in walmart, but we don't have the second amendment here :-)

      --
      I wrote my first program at the age of six, and I still can't work out how this website works.
    39. Re:But now by Trepidity · · Score: 4, Insightful

      It seems to make it reasonably okay to me. The point of the law isn't to be a set of rules that exists solely for the point of having rules, like some sort of game-theory problem or videogame diversion, but to keep society reasonably in order. On the list of things that cause significant problems for society, and which are worth allocating resources and authority to stop, a crackpot trying to find UFO evidence is pretty low; the only real damage such a person causes is essentially accidental, and doesn't seem worth extraditing someone to another country or jailing them for decades over (even if you're purely selfish: remember, jailing people for decades costs you lots and lots of money).

      I'd say the proper response to a slightly crazy person breaking into computers to find UFO evidence is to institutionalize them for some period, and then try to wean them back into society, probably while keeping their computer use restricted or monitored initially.

    40. Re:But now by Thanshin · · Score: 1

      I would say getting hold of a £500000 ICBM is still pretty far fetched

      Well, we can offer you the "silver deal". Instead of flying over the ocean, the missile gets a little boat and two robotic arms to row. It does take some time to reach its destination, though.

    41. Re:But now by Anonymous Coward · · Score: 2, Informative

      From what I have read of UK law interpretation a GROSSLY simplistic overview;

      A citizen of a country is required to conform by the rules of that country. In return for complying with the rules that citizen is offered protections by his country to which he is a member - and is subject to punishment if he does not comply with the laws of his country.

      Country's, however, can be seen as legal "persons" in their own right. as can a government agency, a company (corporation) and verious other groups of individuals.

      If a British citizen were to commit a crime in the U.S.: the Brit has essentially committed a crime against the U.S. as a legal person, since his victim was under protection from the United States.

      The united states could now complain to the U.K.

      The U.K can then if requested, Extradite the citizen: - essentially relinquishing protection for it's citizen. By relinquishing its protection it is compensating the United States as well as sending a message that this criminal action was done by a "rouge individual" rather than the country itself.

      If the U.K refuse to extradite they are essentially condoning the criminal action upon which the U.K. becomes the injuring party and the U.S. becomes the injured party.
      Options now for the British would be to make a monetary reparation (as frequently happens for war reparations / covert operations), come to an informal agreement (possibly by offering to encarcerate the British criminal on British soil), or simply do nothing (a good example of doing nothing is the American drone attacks in Pakistani territory). It is also entireley possible for the injured country to declare was on the injuring country (This was the precedent for the war in Afghanistan)

      It is important to note here that should the British Citizen who actually committed the criminal offence be tried he is being tried (and potentially punished) for the damage he has done to the U.K. and NOT the U.S.

      As can be seen in the case of McKinnon it does not matter where he was physically, his attack was against the United States - and since he is a British citizen it is up to the British government to decide whether to extradite him.

      this concept is not limited to serious crimes. TECHNICALLY China could demand the extradition of a western journalist for writing a piece inflammatory to China, and America could request the extradition of a British citizen for littering. the only difference is the former would almost certainly be thrown out before it had any chance of making it past junior civil servants, and the latter would cost far more than could be justified to the American people.

      Personally, I hope that (being a patriotic Brit) that they do not extradite him and instead seek other means of coming to an agreement - but that is my opinion and I made that clear along with my other opinions on election day.

    42. Re:But now by Anonymous Coward · · Score: 0

      Rubbish, the treaty has been ratified for over 3 years.
      http://en.wikipedia.org/wiki/Extradition_Act_2003#US_ratification.2C_2006

    43. Re:But now by commodore64_love · · Score: 2, Insightful

      The military computer had no password protection, so this guy "hacked" nothing. He is not a hacker..... the front door was wide open. In most U.S. jurisdictions leaving the front door open makes the OWNER guilty of the crime, so the network IT guy should be the one charged. The person who entered through the front door gets a lesser sentence of "trespassing" which is just a few months jailtime.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    44. Re:But now by MichaelSmith · · Score: 1

      Say he fired a cruise missile at the whitehouse from the UK (not that far fetched in this day and age) should he be tried in the UK?

      I would say getting hold of a £500000 ICBM is still pretty far fetched. We have gun laws in the UK.. maybe the Americans can buy them in walmart, but we don't have the second amendment here :-)

      A cruise missile can be a model airplane. An ICBM is a missile.

    45. Re:But now by linzeal · · Score: 1

      I don't want to spend the 1 million + dollars to incarcerate him for 50 years because he thought aliens were real. Give him probation or a few years at most, there is no reason for these hard assed sentences.

    46. Re:But now by nosferatu1001 · · Score: 3, Interesting

      However in order to be extradited the US Gov had to show damages above a certain level.

      WHich they *blatantly* fabricated. $700k to audit windows computers to fix a *default password*? That cost was already sunk - they would have had to change them anyway, or they shoudl have done!

      ANd uner the one sided, inane extradition treaty you cannot fight this until after you have left your home country behind...

    47. Re:But now by c0p0n · · Score: 1

      Now I'm interested in anyone's explanation on why would someone have to face a legal process that's not of his country.

      Someone should be tried for a crime in the country the crime was committed on. That's why the extradition figure exists, otherwise there could be universal impunity to any crime by just running off to the neighboring country.
      A hacker doing its thing in the pentagon has committed a crime in US soil no matter where the hacker's physical location was at the time. The object of the hack is physically in the US, thus it's fair for the US to ask for extradition (and for the UK to deny it). On top of that, his actions might be illegal in the country he's committing the crime from, so the hacker could conceivably tried and charged twice.

      --

      Your head a splode
    48. Re:But now by rtfa-troll · · Score: 1

      He illegaly gained access to servers in the US, so he commited the crime in the US and should be prosecuted there.

      he is accused of illegally gaining access (even his own admission isn't sufficient to declare him guilty until he is found guilty by a jury - he may have given it in the hope of staying in the UK)

      But your whole argument is totally stupid and short sighted. Let's find some equivalents.

      • A Nigerian court has decided to extradite Father Bateyoo Reelgud on suspicion of fraudulently leading on a Nigerian citizen.
      • Predator pilot Robby Williams is accused by the Afghan government of manslaughter for the destruction of a civilian house next to a Taliban base.
      • The Ayatollah of Tehran has demanded the extradition of Moron Oxyd, an American citizen accused of libelling the keeper of the holy scriptures. It is believed the charge would fail in the US, but since it fits under an existing US law, the judge is not allowed to examine the evidence.

      What is so wrong with just trying this in the UK where the guy was all the time?

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    49. Re:But now by Kjella · · Score: 1

      Say he fired a cruise missile at the whitehouse from the UK should he be tried in the UK?

      Obviously, yes.

      So you think a US court should not prosecute murders of US citizens on US soil because they lack jurisdiction? Guess you'd better ask them to call off the manhunt for Osama bin Laden, according to you only the Taleban in Afghanistan can prosecute anything. Nobody can force a state to extradite its citizens but he ever went to the US or a country that has a deal with the US I'd say that is fair game. However, it should only apply if you specifically targetting the US. If it's on a web server anywhere in the world the person who "brings" it to the US by requesting it should carry the responsibility, the server should only respect local law.

      --
      Live today, because you never know what tomorrow brings
    50. Re:But now by tehcyder · · Score: 1

      As regards extradition, where I am .au, and I imagine in the UK too (since we share much of the same law on questions like these), an extradition should be granted only for an offence recognised by local (ie the country granting the request) law, and for which the punishment would not be considered unduly harsh by the standards of the local country. Thus most countries won't extradite (or even cooperate with supplying evidence) if there is a possibility that the state will execute the individual.

      Apart from the uniquely one-sided US/UK treaty applying in this case anyway, unfortunately he won't be facing an actual death sentence, so we can't use that as a get out. (Although, BTW, it has been strongly argued that a 10 year sentence in a foreign jail will result in him killing himself anyway).

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    51. Re:But now by VJ42 · · Score: 2, Informative

      Obviously, yes.

      Is it really that obvious? For example, should the Lockerbie bomber (Pan Am flight 103) be tried in Libya or in the UK?

      Seeing as the crime was committed in the UK, he should be tried in the UK (and was). Gary's crime was also committed in the UK, so he should be tried here.

      --
      If I have nothing to hide, you have no reason to search me
    52. Re:But now by Anonymous Coward · · Score: 0

      American DOD servers in Chinese datacentres? No, not an unreasonable hypothesis at all ...

    53. Re:But now by stealth_finger · · Score: 1

      Wait, so they reckon it'll cost seven hundred grand to change a few passwords off the defualt? Where do I sign up for that job?

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    54. Re:But now by MichaelSmith · · Score: 1

      I have never explicitly authorised anybody to follow the web page link on my profile.

    55. Re:But now by evilandi · · Score: 3, Funny

      Countries can't own anything. The Queen does all that, don'tchaknow?

      Your obedient subject,

      --
      Andrew Oakley - www.aoakley.com
    56. Re:But now by bonhomme_de_neige · · Score: 1

      BBZZZTTT, WRONG! Australians also have to pay income tax to the Aaustralian tax office even though the don't live there or use any of the services that income tax provides.

      Not always. If you are doing a long term overseas stint you would not be a "resident for tax purposes" and do not have to pay income tax on your salary (dividends and capital gains on Australian investments still attract some tax). This page sums it up nicely...

      Apparently the government made it a bit tougher for short term overseas postings (where you would still be considered a resident for tax purposes) though. But you can get a living away from home allowance which probably soothes the pain a little bit.

      --
      "Why are you watching the washing machine?"
      "I love entertainment, as long as it's clean"
    57. Re:But now by Anonymous Coward · · Score: 0

      Thanks for the update. Are there any examples of attempts (successful or otherwise) by the UK to use these new powers to extradite somebody from the US based only on "reasonable suspicion?" The Wiki page had examples only in the other direction.

    58. Re:But now by chrb · · Score: 1

      As regards extradition, where I am .au, and I imagine in the UK too (since we share much of the same law on questions like these), an extradition should be granted only for an offence recognised by local (ie the country granting the request) law

      Maybe not. The extradition of Ian Norris was approved by a court despite his acts not being a crime in the UK. He appealed on that basis and was successful, but then got extradited on "obstruction of justice" - a pretty generic offence. I would like to see the British judicial system attempt to extradite a US citizen for "obstruction of justice" with regard to an event that was not a crime in the US - I suspect such an extradition attempt would be unsuccessful.

    59. Re:But now by Anonymous Coward · · Score: 0

      He has recently been diagnosed with Aspergers Syndrome, and professional medical opinion is that he will fulfil his stated intention to commit suicide if extradited to the US for trial

      roflcopters! you must be a bit aspy yourself to actually believe such professional medical opinions

      the sentencing guidelines would put him at at least 70 years old when he is released

      i'm betting you a virtual $5 the poor fucker actually makes it to 70. :)

    60. Re:But now by NickFortune · · Score: 1

      although i don't agree that he just stumbled onto this computers - it's bloody obvious he targeted DoD computers in an attempt to access information he new damn well he didn't have the right to

      Well, yeah. I didn't mean to imply he found his way on there by accident. He's a UFO nut and he was looking for evidence that the US military was suppressing information on alien activities or some such.

      The point is that a great many of the computers he accessed didn't even have password protection. And while that doesn't excuse McKinnon's intrusion, it does explain why the US armed forces are annoyed about this all. McKinnon made them look like idiots, and so they want to make an example of him in return.

      Which, returning to the original point, is why the US is so determined that he not be tried in the UK. They're worried he might get a fair sentence.

      I also don't think hard time for this kind of face saving nonesense is right either.

      Yeah. Exactly right.

      --
      Don't let THEM immanentize the Eschaton!
    61. Re:But now by Anonymous Coward · · Score: 0

      the U.S. is the only industrialized nation

      Yeah, industrialized nation. Not Fosters-chugging, wave-surfing, kangaroo-shooting, crocodile-wrestling, snake-catching, shark-feeding, party-throwing, vegemite-eating, Summer-Christmas-celebrating Australia.

    62. Re:But now by chrb · · Score: 1

      in order for the extradition to work, the US have to state damages above a certain level.

      Citation please? As far as I know, the US only have to show that they suspect he may have committed a crime eg. Alex Stone) was extradited on mere suspicion of assault, with no evidence and no $ loss value.

    63. Re:But now by hedwards · · Score: 1

      Um, I doubt that very much. As long as you hold citizenship you're going to be getting some perks, if only in terms of consular service and possible military coverage. Because of the way that the US tax code works in many parts of the world you don't even start paying taxes until you've hit a pretty good standard of living as far as the US taxes go.

    64. Re:But now by Sir_Lewk · · Score: 1

      Oh, so now "the servers were located in [X] so the crime was in [X]" only holds true for DOD servers? ...
      And actually, DOD servers in china are probably not as unrealistic as you'd like to think...

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    65. Re:But now by tsm_sf · · Score: 1

      He illegaly gained access to servers in the US, so he commited the crime in the US and should be prosecuted there.

      That's an interesting situation. Did he go to the servers or did the servers come to him? Saying that he committed his crime in the US is bordering on wishful thinking for the prosecutors, but given the current fascist climate in America I'm sure it would work.

      I wonder how much money we've wasted on this bullshit over the last seven years. Is it vitally important that we hurt this man? If so, can we just have someone kick him in the nuts?

      ((aside to monoroxyd: when your browser underlines words in red, that means you've spelled them wrong, bright spark.))

      --
      Literalism isn't a form of humor, it's you being irritating.
    66. Re:But now by L4t3r4lu5 · · Score: 1

      Exactly. No change.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    67. Re:But now by CrimsonAvenger · · Score: 1

      No, it's not.

      The agreement in question has no validity until both parties sign it. The fact that the Brits signed it is meaningless until and unless the USA also signs it.

      Note, by the way, that the Brits may voluntarily follow the agreement, even without the USA becoming a party to the agreement, but that's neither expected nor required.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    68. Re:But now by Hognoxious · · Score: 1, Informative

      Half the IRA - including known murderers - were hiding in plain sight in the US at one point.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    69. Re:But now by jabuzz · · Score: 1

      My problem is that the extradition treaty that is being used to extradite him is one sided, as the USA have consistently refused to ratify their side.

      The UK side needs an immediate change so that no extradition can take place until it becomes bilateral.

      Not that surprising really as for decades the USA refused to extradite convicted terrorists that had fled to the USA from both the UK and France.

    70. Re:But now by RDW · · Score: 1

      'The point is that a great many of the computers he accessed didn't even have password protection. And while that doesn't excuse McKinnon's intrusion, it does explain why the US armed forces are annoyed about this all. McKinnon made them look like idiots, and so they want to make an example of him in return.'

      Which is of course the time-honoured response to breaches of inadequate military/government security. Here's Richard Feynman on a fence at Los Alamos:

      http://calteches.library.caltech.edu/14/2/FeynmanLosAlamos.htm

      'One day I discovered that the workmen who lived further out and wanted to come in were too lazy to go around through the gate, and so they had cut themselves a hole in the fence. So I went out the gate, went over to the hole and came in, went out again, and so on, until the sergeant at the gate begins to wonder what's happening. How come this guy is always going out and never coming in? And, of course, his natural reaction was to call the lieutenant and try to put me in jail for doing this. I explained that there was a hole...You see, I was always trying to straighten people out. And so I made a bet with somebody that I could tell about the hole in the fence in a letter, and mail it out. And sure enough, I did. And the way I did it was I said, "You should see the way they administer this place (that's what we were allowed to say). There's a hole in the fence 71 feet away from such and such a place, that's this size and that size, that you can walk through."...Now, what can they do? They can't say to me that there is no such hole? I mean, what are they going to do? It's their own hard luck that there's such a hole. They should fix the hole. So I got that one through.'

      By the logic of one recent case, perhaps it's the US admins who failed to password protect the PCs who whould be extradited:

      http://www.msnbc.msn.com/id/37107291/ns/technology_and_science-security/

    71. Re:But now by AltairDusk · · Score: 2, Insightful

      Does it really matter? He knowingly hacked the US Pentagon which is a breach of US national security. Anyone knows getting caught doing something like this carries consequences. Do I believe the consequences should be adjusted to fit the crime? Yes. Do I believe it's unreasonable for him to face consequences in the US for a crime committed against the US? No.

    72. Re:But now by Anonymous Coward · · Score: 0

      That's true, about a normal middle-class non-resident usually paying very little actual cash, but have you ever tried to complete a U.S. tax return? Every year, as tax time rolls around, U.S. citizens around the world need to blow off a weekend to demonstrate that they don't owe uncle Sam any money.

    73. Re:But now by Anonymous Coward · · Score: 0

      Absolutely, and you'd go to jail under the Computer Misuse Act for what he did. But not for FIFTY YEARS (possibly the rest of his life) in a foreign country.

      Their security was basically nonexistant, and as such according to Gary there were many other hackers in the system from all over the world (seen via netstat.) He was just the only one stupid enough to be caught and saddled with all the "damages", most of which were the cost of implementing security that should have been there from the beginning.

    74. Re:But now by the_womble · · Score: 1

      That comes to the heart of the problem,

      All other British extradition treaties only allow extradition outside the EU if a British court is satisfied that the accused will face charges that are crimes in the UK, get a fair trial, etc.

      Because of the one sided treaty with the US, the US gets to take anyone it wants, but not the other way around (unlike in the EU).

      A lot of people are not happy about the EU agreement either, but that is an inevitable part of the process of building super-state.

    75. Re:But now by Anonymous Coward · · Score: 0

      Good thing the US signed it over 3 years ago then.

    76. Re:But now by MoonBuggy · · Score: 4, Insightful

      Out of genuine interest: do you believe he's likely to face 'reasonable' consequences for his actions if tried in the US?

      This is a man with a slight mental illness who used default passwords on public-facing servers to look for evidence of UFOs. Stupid as hell, sure, and probably deserving of some level of punishment (although I'd be inclined to suggest psychiatric treatment), but not remotely worthy of several decades in an American federal prison, IMO.

      Do you think he would realistically get less than ten years if tried in the US on national security related charges? Do you think that would be an acceptable punishment if he were sentenced as such?

    77. Re:But now by Anonymous Coward · · Score: 0

      Nobody has pointed this out yet? Windows does not have a default password, unless you mean a blank password.

    78. Re:But now by _xen · · Score: 1

      From what I have read of UK law interpretation a GROSSLY simplistic overview;

      What is it that you have read. I've read a number of judgments of the HoL in the Pinochet case and the OP's explanation seems much closer to the opinions of the Law Lords than yours does. But perhaps you have more recent authority?

      Country's [sic.], however, can be seen as legal "persons" in their own right.

      But only as against other countries under public international law. You have to be a state, for instance, to have standing before the ICJ.

      If a British citizen were to commit a crime in the U.S.: the Brit has essentially committed a crime against the U.S. as a legal person ...

      That sounds like complete nonsense to me. Do you have any authority for that claim?

    79. Re:But now by Anonymous Coward · · Score: 0

      If you go on holiday to Spain and murder someone, you will be tried in Spain, and jailed in Spain.

      The issue here is, where did the offence occur? The invention of telecommunications makes this a more interesting question as McKinnon arguably had a "presence" in the US, via telnet or whatever.

      There, that didn't take too much imagination, did it?

    80. Re:But now by Hal_Porter · · Score: 1

      Back to work, peasant.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    81. Re:But now by xtracto · · Score: 1

      By the same thinking line you should be tried in Iran for all your horrendous crimes as defined by the Sharia law.

      You know, you are committing an offense against Iranian people just by not believing on the Qur'an!

      Therefore, you should be prosecuted, tried and sentenced to death by stoning in an Islamic court.

      How does that seem to you?

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    82. Re:But now by Hognoxious · · Score: 2, Insightful

      Yes, and in the UK he'd get sentenced for breaking into a computer. The US want to punish him for the crime of showing what a bunch of incompetent fucks the clowns in pentagon are.

      According to the prosecutor, they intend to "fry him". That alone is proof that a) he won't have a fair trial and b) they intend to issue a disproportionate sentence. The former at least is grounds for the Home Secretary - or rather a competent one - to veto the extradition.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    83. Re:But now by digitig · · Score: 1

      I think that was because we Brits didn't understand the concept of an Individual Retirement Account.

      --
      Quidnam Latine loqui modo coepi?
    84. Re:But now by Hognoxious · · Score: 1

      I'd say the proper response to a slightly crazy person breaking into computers to find UFO evidence is to institutionalize them for some period, and then try to wean them back into society, probably while keeping their computer use restricted or monitored initially

      I'd say the solution was to secure the computers beyond the level where an average cat could log in, but what do I know.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    85. Re:But now by drsmithy · · Score: 2, Informative

      BZZZTTT, WRONG! Australians also have to pay income tax to the Aaustralian tax office even though the don't live there or use any of the services that income tax provides.

      No we don't. Foreign income affects your tax _brackets_, but you still only have to pay tax on the income earned in Australia.

    86. Re:But now by Anonymous Coward · · Score: 0

      Hmmm... funny but I have worked with individuals from China and Canada and the pay taxes to their home country.

    87. Re:But now by Hognoxious · · Score: 1

      If anything, they should be paying him.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    88. Re:But now by Hognoxious · · Score: 1

      Well, yeah. I didn't mean to imply he found his way on there by accident. He's a UFO nut and he was looking for evidence that the US military was suppressing information on alien activities or some such.

      And the whole theatrical production is proof that he actually did find something and they're trying to cover it u

      BRB, somebody at the do&^y7
      n o c a r r i e r

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    89. Re:But now by Targon · · Score: 1

      The real issue comes down to proper punishment, and making sure that those who are wronged have the chance to see "justice done". Now, what is the UK going to do in a trial, since the UK was not the one wronged in this case? That is the problem when you deal with international law, making sure the punishment fits the crime. Hacking or attempting to hack a government computer system is a very serious crime, but it is taken less seriously by those who are not the victims.

      So, the UK is an ally, or has been....what do you think the court system in the UK would find proper punishment for hacking into US government computers? What do you think the court system in the USA would think is proper punishment? If he were to hack a Chinese government computer system, do you think the Chinese government might try to execute him for it? Obviously, these are things to consider in international law, but I seriously doubt that those in the UK would think the punishment over here would be unusually severe compared to if roles were reversed.

    90. Re:But now by dave420 · · Score: 1

      No, they reckon it costs over $700k to check each and every individual computer Gary had access to, to make sure he didn't leave anything on them or change anything. You'd have to be off your nut to just change the passwords after a massive breach, however idiotic the initial breach was.

    91. Re:But now by Ihlosi · · Score: 1
      The real issue comes down to proper punishment, and making sure that those who are wronged have the chance to see "justice done".

      No. The victim does not get to punish the criminal. That's barbaric and any civilized nation should have moved beyond this kind of sh1t.

      Now, what is the UK going to do in a trial, since the UK was not the one wronged in this case?

      The UK was "wronged". UK laws were broken, by someone who was physically present in the UK at the time when he was breaking those laws. It's the UKs job to put the guy on trial.

    92. Re:But now by Anonymous Coward · · Score: 1, Insightful

      I think you're confusing it with the story back in the 80s that McDonalds were funding them.

      Funny how the IRA suddenly got suddenly short of cash after 9-11, though.

    93. Re:But now by jimbolauski · · Score: 1

      700k that's a drop in the bucket, when dealing with government never forget they excel at burning up money with little result, 8 people could easily eat up that in a few months. 2 people doing the actual work of finding Gary 3 auditing the system to figure out what he has accessed (they will go from computer to computer and audit each one so it will take much longer then auditing through a server also the time lost by the user from auditing their computer will be included in the cost) 1 to manage and 2 to fill out the mountains of paper work. It's not that they are fudging the numbers to reach the threshold it's that they are that inefficient.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    94. Re:But now by Hognoxious · · Score: 1

      Also, one's own country could be too light on punishment with that, or could have no laws against the particular crime.

      Too light in whose opinion? Presumably not the majority's in that country.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    95. Re:But now by jpmorgan · · Score: 1

      A simple Google search shows that the US unanimously ratified the treaty 4 years ago, and has extradited more people to the UK under its terms than the UK has to America.

      Sorry to ruin your talking point.

    96. Re:But now by ConfusedVorlon · · Score: 2, Informative

      actually the number was much simpler.

      I think the relevant threshold was $5k, so they just said.

      Yup- $5k damage done in each case.
      multiply by n computers.

      to get 700k damage.

    97. Re:But now by Wyatt+Earp · · Score: 1

      Then the UK shouldn't have signed the treaty with the United States.

      And this guy shouldn't have done what he did.

      I've been in the US legal system for being a dumbass when I was younger, I really got off light in regards to all the stupid things I'd done, I never avoided the punishment and I ended up better in the end.

    98. Re:But now by Anonymous Coward · · Score: 1, Insightful

      People with Asperger's Syndrome aren't crazy, and it's not a treatable condition. The actual physical structures of their brains are different than typical people's brains.

      Monitoring computer usage would make sense, and counseling with a licensed psychologist who's experienced dealing with autistic people seems like a good idea, because such a psychologist may be able to better explain why not to do such things, but denying computer usage would likely make him more obsessed and might lead to more negative actions on his part in the future.

    99. Re:But now by Wyatt+Earp · · Score: 1

      Federal isn't really PMITA, at least according to acquaintances who have been in State and Federal.

      One guy who did a stint for sex crimes on an Indian Reservation (all Felonies on Reservations are dealt with in Federal Court) said his stop over in a State Prison was super scary, all lord of the flies, but once he was transferred to Federal Prison in Kansas it was a very safe and controlled environment.

      A co-worker who had prison guarded at a Medium Security Federal Prison in Oregon said the same thing, no one is trying to make trouble generally and he never had any problems.

      This guy will likely end up in a minimum security prison, probably on a military base or adjacent to one, as far as "prison" goes, it won't be that bad.

    100. Re:But now by Computershack · · Score: 1

      Yes it is illegal in the US but he didn't commit the crime from the US. He committed it in the UK. The UK has similar laws which could be used. The difference is that if a trial happened in the UK, he'd get acquitted because the US would not want it divulged how easy it was to hack into their networks.

      --
      I only please one person per day. Today is not your day. Tomorrow isn't looking good either. - Scott Adams
    101. Re:But now by Computershack · · Score: 3, Insightful

      >Not that surprising really as for decades the USA refused to extradite convicted terrorists that had fled to the USA from both the UK and France.

      Also funny how those US citizens who openly funded the IRA were not held accountable as well.

      --
      I only please one person per day. Today is not your day. Tomorrow isn't looking good either. - Scott Adams
    102. Re:But now by shutdown+-p+now · · Score: 1

      Do I believe it's unreasonable for him to face consequences in the US for a crime committed against the US?

      You "commit a crime against" some backwards Muslim country every time you post porn online. How would you like be deported to face consequences there?

    103. Re:But now by shutdown+-p+now · · Score: 1

      Which is well and good - so what's the problem with having him tried in UK, then?

    104. Re:But now by Bing+Tsher+E · · Score: 1

      A trial took place in California as well. He was found guilty. He skipped out to avoid sentencing.

    105. Re:But now by Quikah · · Score: 1

      FYI: There is no default windows password.

      --
      Q.
    106. Re:But now by terraplane · · Score: 0

      The law is the law, and he broke it.

      Seems you're awful keen to defend an admitted criminal.

    107. Re:But now by phiwum · · Score: 1

      In most U.S. jurisdictions leaving the front door open makes the OWNER guilty of the crime, ...

      Er, citation please?

      --
      Phiwum's law: anyone that names an obvious law after himself and then puts it in his own sig is just pathetic.
    108. Re:But now by rich_r · · Score: 1

      The concern is that if he's tried over here, he'll get sent down for five years, be out in three, and end up with job at a security consultancy.

      Two and a half. Less time served on remand, which includes curfew/home detention orders.

    109. Re:But now by Anonymous Coward · · Score: 1, Interesting

      No, it cost seven hundred grand to track, verify and fix the damage done. He broke into 97 networks. Let's pretend that there are an average of 100 computers accessible from the node that he compromised. That's 9700 machines. Now pretend that it takes an IT tech and average of 1 day to verify that each machine is secure / clean up if it is not. That's 8 hours for each machine: 97 * 100 * 8 = 77600 man hours. At only $10 an hour you get over seven hundred thousand dollars worth of time taken up fixing the mess.

      Those numbers are more than likely inflated for the number of machines requiring cleaning but it's more than likely that a team of much higher paid techs / consultants had to spend a good amount of time checking and fixing the networks. And we're not factoring in lost productivity while all this is going on. Unfortunately, if you break into a network you create a whole lot of work as is is now untrusted and needs to be made trusted again.

      I think McKinnon is a harmless idiot but he knew what he was getting himself into and the penalties for doing so. I'd prefer my tax money (UK) not to be spent holding his trial and potentially imprisoning him here for the US, cold hearted as that may sound.

    110. Re:But now by Andrew+Aguecheek · · Score: 1

      In fairness, I don't actually know of a genuine Australian who drinks Fosters on a regular basis.

      --
      Tomorrow, I may eat another house plant
    111. Re:But now by Andrew+Aguecheek · · Score: 1

      Or more accurately, the judge decides whether what you are alleged to have done constitutes a crime. The jury - if there is one, and there probably would be in this sort of case - decides whether you actually committed the crime.

      --
      Tomorrow, I may eat another house plant
    112. Re:But now by geekoid · · Score: 1

      "bad security is no security, therefore he did not break any security"

      false. there is no 'it was easy for my there for it's not breaking in' clause.

      " he needs to be put on trial in his home country."

      the depends, and that's what extradition is for. Bring someone into the country who broke the law in the country.
      Now the details are stickier, but your premise is false.

      "..., the U.S. has shown to have completely no respect for human rights..."

      WTF crazy as world do you live in? Yeah there has been problems but to say no respect is stupid. Plus it in no way applies to this situation.

      " I can imagine he'll just disappear once he enters the U.S."
      You are a complete loon.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    113. Re:But now by geekoid · · Score: 1

      " they shoudl have done!
      irrelevant.

      And no, those costs arn't fabricated. The problem here is you have no idea what is involved. You are so stupid you probably think in involved some guy walking over and changing the password.

      Moron.

      "ANd uner the one sided, inane extradition treaty you cannot fight this until after you have left your home country behind..."

      which makes sense. How can you go through the process and not be here?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    114. Re:But now by Schmorgluck · · Score: 1

      Uh, yeah, that's exactly what I said. Sorry if I haven't been clear.

      I think it's the "there" that confused you, and it's entirely my fault: being French, it was obvious to me that "there" refered to California, but I overlooked the fact that it wasn't necessarily obvious for everyone.

      But yeah, that's why Polanski was never tried in France for this affair: because of the ne bis in idem principle.

      If it weren't for that, he could have been tried, even though the facts took place in California.

      This is linked to the impossibility for France to extradite its own citizens: if the alleged facts are punishable by French law, then French jurisdiction takes charge.

      And finally, that's why the principle of ne bis idem applies even when two different sovereignties are involved: provisions about this are usually included in extradition treaties. Overall, it favors judicial cooperation, but it's not always easy.

      --
      There's nothing like $HOME
    115. Re:But now by Dthief · · Score: 1

      no, not in the UK....probably in international court

      --
      www.RacquetUp.org - Helping Detroit Youth
    116. Re:But now by obijuanvaldez · · Score: 1

      Eh, that's an overly simplified argument based on incorrect facts. The trial of Abdelbaset Ali Mohmed Al Megrahi (the man convicted of the Pan Am Flight 103 bombing) was held in the Netherlands, albeit under Scot's Law, a compromise reached based on the lack of an extradition agreement. However, the package containing the bomb which caused the explosion of Pan Am Flight 103 was initially routed into the baggage system in Malta and passed through Frankfurt. So, in that case, the crime was not tried under German or Maltese law where the bomb was initially routed, but under the law of the country in which it exploded. This seems to not help your argument and appears to have been prosecuted in a manner that is the exact opposite of what you propose.

      Incidentally, for anyone wondering whatever happened to that dude (I know I was), after being released on compassionate grounds of having three months to live or less, Abdelbaset Ali Mohmed Al Megrahi is still alive.

    117. Re:But now by pjt33 · · Score: 1

      I don't know about Australia, but if I correctly understood the information which came with my UK passport application our consular services are paid for specifically by taxes on passports. I'm not sure whether it adds up.

      (As a point of interest, do US ex-pats get to vote in US elections? Just thinking of a certain revolutionary slogan...)

    118. Re:But now by AK+Marc · · Score: 1

      Australian residents have to pay, and someone gone for 5 years (for example, that's not some cutoff point, just an illustration of a long time that can still be covered by residency) could still be considered a resident. But non-residents don't have to pay Australian income tax. US citizens do have to pay. There is no concept in the US of non-resident citizens. Residency (for citizens) in the US is a state issue, and citizenship is a national issue, so the issues aren't related directly.

      There is a clear and legal concept of severing residency without severing citizenship for Australia. There is no way to do that for the US. The only way to stop paying taxes is to renounce citizenship.

    119. Re:But now by Bertie · · Score: 1

      Nope.

      Eritrean ex-pats have to pay, I think, 2% of their income to the government back home. This isn't really enforceable but if you ever want to go back and haven't kept up with your payments, they'll stop you entering the country. Thing is, most of them pay it willingly because it's such a poor country and they want to do their bit to make things better.

    120. Re:But now by MaskedSlacker · · Score: 1

      That's because Fosters is Australian for horse piss.

    121. Re:But now by Isaac-Lew · · Score: 1

      I hate when people make generalizations about the US judicial system (probably based on movies/television, & having no basis in actual fact). Not all prisons in the US are PMITA (especially for non-violent crimes). He'd probably end up in a country-club (minimum security, populated by other non-violent offenders) prison, and that's only if he was convicted (his lawyer could argue diminished faculties, for instance). Just because the maximum possible sentence is 50 years, that doesn't mean he'd be sentenced to 50 years. Multiple charges could run concurrently, or charges could get dropped if the prosecutor decides there's not enough evidence, etc. Even in the unlikely case he was sentenced to 50 years, he could appeal his sentence & get it reduced or even overturned. Disclaimer: IANAL, but the above are things that can be researched with a minimum amount of effort.

    122. Re:But now by Isaac-Lew · · Score: 1
    123. Re:But now by Anonymous Coward · · Score: 0

      They only have to pay taxes if they want to return, right?

    124. Re:But now by blackest_k · · Score: 1

      http://www.dailymail.co.uk/news/article-1234669/Twice-suspects-extradited-U-S--fair-Gary-McKinnon.html

      Ministers have always insisted the 2003 Extradition Act is fair and balanced. But figures slipped out by a Home Office minister last night under cover of the Pre-Budget Report show that between 2004 and 2008, 68 people were sent to the U.S. while only 34 people were sent to the UK.

      I guess my google search could be wrong but I couldn't find anything to suggest more americans have been sent to the UK.

      http://extradition.org.uk/ a couple facing 98 years for legally exporting chemicals that were later used to manufacture crystal meth. (The back story on this seems quite interesting especially the part where an appeal can be made to the court of european rights but only after scotland has granted extradition and thus making the appeal impossible).

      mind who needs extradition
      http://www.timesonline.co.uk/tol/news/world/us_and_americas/article2982640.ece

      AMERICA has told Britain that it can "kidnap" British citizens if they are wanted for crimes in the United States.

      A senior lawyer for the American government has told the Court of Appeal in London that kidnapping foreign citizens is permissible under American law because the US Supreme Court has sanctioned it.

      Finally in an attempt to be balanced I found some american (or is it irish) opposition to the treaty.

      http://www.irishfreedomcommittee.net/IFC_INFO/CAMPAIGNS/USUK_EXTRADITIONTREATY/extradition_treaty_ACTION.htm

      This document [Treaty Doc. 108-23] -- signed under cover of great secrecy on March 31st, 2003 by US Attorney General John Ashcroft, and Britain's Home Secretary David Blunkett-- permanently erases America's symbolic image as a land where the oppressed of the world can escape to as a haven of freedom from foreign oppression.

      This treaty will make possible the extradition and imprisonment of any American deemed to be "anti-Britain" or opposed to British military rule in Ireland. Under the terms of this Extradition Treaty, American citizens will be eligible for extradition to Britain to stand trial without proof of guilt and without judicial review. There is no statute of limitations to these offenses, which can be lodged on the word of a sole witness. The document at first glance upholds, but then proceeds to decimate, the political exemption clause; a cornerstone of America's diplomatic relations since Thomas Jefferson refused the extradition of an opponent of the French Revolution. This document is by far the most extreme US Treaty yet and will have drastic effect on any person who has ever spoken out against British human rights abuses at any time in their lives.

      Ok thas my google search results , please show yours.

    125. Re:But now by Anonymous Coward · · Score: 0

      Are you fucking mad? They should never have even gone after him. What was the point? What systems were so important that they needed to bother? If these systems were so important why did they have default passwords? Why were they not secured in the first place? The incompetency of the system is mind blowing and why on earth are we even arguing over it! Clearly this guy should not be in a prison. In any sane world he shouldn't have been able to have caused any problems. If he had- the systems should have been fixed and the world should have gone on. Why we go after people for 'hacking' crimes is beyond me. Maybe they are useful somewhere here. Maybe. Certainly it isn't locking them up though. If anything it is probably in helping us secure systems. Although I tend to suspect the problem is not in finding the security problems. It tend to suspect it is in applying the security patches and having the systems and processes in place to harden systems.

    126. Re:But now by dwarfsoft · · Score: 1

      Because you should be able to disprove the need for extradition in the place that you are residing? It is that country on whose soil you are situated that should have the right to make the decision to send you onward or not. They are more of an Impartial third party in the whole thing than either yourself or the country wishing to pursue the extradition.

      All countries have legal process. Being moved to another country with a different process should be considered based on the local laws of the country the person resides in. They should decide whether it is fair and equitable to send their constituent to face a foreign court for whatever reason.

      --
      Cheers, Chris
    127. Re:But now by Meski · · Score: 1

      Get it right, mate. It's kangaroo piss.

    128. Re:But now by randyleepublic · · Score: 0

      No, he would get as much or more punishment than we used to mete out to those who murdered in a fit of passion. The prison economy needs grist. I don't know what to hate more: What my country has become, or the apologists for said nightmare.

      --
      Social Credit would solve everything...
    129. Re:But now by AltairDusk · · Score: 1

      As I said I believe the consequences should fit the crime. In my opinion 10+ years does not fit the crime committed, that however is a failing of the courts, not of the extradition treaty.

    130. Re:But now by AltairDusk · · Score: 1

      I don't think you can make that comparison. If someone posts porn online and it is legal in the country where said porn is hosted the Muslim country in your example has no jurisdiction.

      In this case he actively hacked into government servers on US soil. A closer example would be if you hacked into said Muslim country's servers and posted the porn there in which case you have committed a crime against them.

    131. Re:But now by shutdown+-p+now · · Score: 1

      I don't think you can make that comparison. If someone posts porn online and it is legal in the country where said porn is hosted the Muslim country in your example has no jurisdiction.

      In this case he actively hacked into government servers on US soil. A closer example would be if you hacked into said Muslim country's servers and posted the porn there in which case you have committed a crime against them.

      That's precisely my point. What if I post porn on an Iranian forum (no hacking, just posting)? What if I didn't know the forum is being hosted on a server in Iran? Do you seriously think it would be prudent to extradite then?

      Or how about indecent exposure? Say, a Canadian in Alberta goes to the U.S.-Canada border, and waves his bare dick at Montana on the other side of it; a 17 year old American girl is watching from there. In Canada, this would be merely indecent exposure, as the age of consent in 16. In Montana (where age of consent is 18), I'd imagine that would amount to sexual assault on a minor. What crime was committed, and which court should handle the case?

    132. Re:But now by Ihlosi · · Score: 1
      Or how about indecent exposure? Say, a Canadian in Alberta goes to the U.S.-Canada border, and waves his bare dick at Montana on the other side of it; a 17 year old American girl is watching from there. In Canada, this would be merely indecent exposure, as the age of consent in 16. In Montana (where age of consent is 18), I'd imagine that would amount to sexual assault on a minor. What crime was committed, and which court should handle the case?

      Brilliant. YMMD.

    133. Re:But now by Anonymous Coward · · Score: 0

      If the extradition treaty allows extradition of UK citizens to a country where they receive unjust punishments it is indeed a failure of the extradition treaty.

  2. Oh dear , how naive by Viol8 · · Score: 5, Insightful

    Expecting politicians to turn vague electioneering rhetoric into actual action.

    McKinnons case will be quietly shuffled off to some under secretary to "look into" and once the media have lost interest he'll be on a plane to Dulles.

    1. Re:Oh dear , how naive by Jah-Wren+Ryel · · Score: 1

      McKinnons case will be quietly shuffled off to some under secretary to "look into" and once the media have lost interest he'll be on a plane to Dulles.

      I think he's got a good chance. Both guys ran on a platform of not being quite so much america's lap dog. McKinnon's case has had some serious publicity, killing his extradition would be a great symbolic gesture, enabling them to continue being america's lap dog where it really counts.

      --
      When information is power, privacy is freedom.
    2. Re:Oh dear , how naive by Yvanhoe · · Score: 1

      And if it happens and goes quietly, it will be our fault as much as the medias.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    3. Re:Oh dear , how naive by Xest · · Score: 2, Interesting

      I think it's telling how quickly Obama jumped on the chance to congratulate David Cameron, and get Clinton to send the new foreign secretary over to the US after the coalition decision was made when taken in the context of how the Obama has treated Britain since he became president- he's basically shunned the UK, despite the old government bending over backwards for them.

      I think Obama is actually concerned that the new administration will in fact stand up for itself, and recognises that the US wont get such an easy ride anymore, and so is playing the charm offensive from the off.

      I believe the speed in which Obama moved to give his blessing to the new adminsitration, and to get William Hague over to the US is more telling than anything about the relationship- I'd say it's a sure sign that Britain will be much less the US' lapdog under the new government. This is probably partly to do with the fact that large parts of the main coalition party, the Conservatives, are quite xenophobic and are still living under the delusion Britain rules the world. I'm not generally a fan of that overly patriotic viewpoint, but if it means it creates pressure to keep the UK a little more independent from the US, then great.

    4. Re:Oh dear , how naive by mdwh2 · · Score: 1

      To be fair, there is some promise on the civil liberties front - ID cards are already abolished, along with many other changes planned, and it looks like we will see the Freedom / Repeal bill repealing a whole load of authoritarian laws.

      Will this law, that allows the one-sided extradition between the US and UK, be repealed? Part of the problem is though that Labour passed so much of these kinds of laws. There are numerous others that I think should be also repealed, but so far I haven't seen them mentioned. I hope the new coalition keep at it, and don't stop short on only a handful of laws to repeal.

    5. Re:Oh dear , how naive by Blakey+Rat · · Score: 1

      So wait, this guy commits a crime (and let's be honest here: it is a crime), and he's not going to be punished for it because the UK doesn't want to be seen as "America's lap dog?"

      Look, I can understand the sentiment, but letting people who commit actual crimes off completely free isn't really the right way to do that. How about you, for example, stop showing so much US TV on your networks? Or you could withdraw from Iraq and Afghanistan. Those are examples of ways to separate yourself from the US *without* letting criminals go free.

    6. Re:Oh dear , how naive by jez9999 · · Score: 2, Insightful

      This is probably partly to do with the fact that large parts of the main coalition party, the Conservatives, are quite xenophobic and are still living under the delusion Britain rules the world.

      For any Americans reading this, this statement is utterly retarded and completely false. The Conservatives are nothing like this. They weren't even really like it 30 years ago.

    7. Re:Oh dear , how naive by Schmorgluck · · Score: 1

      No one is speaking of letting him go free. The procedure leading to a trial had started (in the UK) before the USA came and mingled to require an extradition on an irrelevant pretext ("terrorism", yeah right). Complying to such a ridiculous claim would be, indeed, pretty spineless.

      --
      There's nothing like $HOME
    8. Re:Oh dear , how naive by zoney_ie · · Score: 1

      > I'm not generally a fan of that overly patriotic viewpoint, but if it means it creates pressure to keep the UK a little more independent from the US, then great.

      I'm not convinced that theoretical greater independence makes up for the "Britain first" viewpoint! I think things will be better with the Lib Dems lessening the impact of that particular conservative attitude, but the problem is that sort of patriotism, though potentially boosting Britain's independent status, will be inclined to weaken the domestic Union. Indeed ironically it is specifically the Conservative party's Unionism (part of their "patriotism") that could further alienate sections of the public in Wales, Scotland and Northern Ireland, not to mention even Northern England!

      --
      -- *~()____) This message will self-destruct in 5 seconds...
    9. Re:Oh dear , how naive by Xest · · Score: 1

      Perhaps the most mouthy is Daniel Hannan, other prominent examples being the likes of Philip Hollobone and Douglas Carswell, but certainly even people in the cabinet like William Hague, and Liam Fox have some quite xenophobic, and overly patriotic views, although both have been toned down under Cameron's leadership.

      Oh, and 30 years? I assume you slept through the 90s, where the Tories managed to rip their entire party apart because of the division amonst the party between those who were a little more forward thinking, and those who were still living in the past with dreams of Britain not needing to be anything to do with Europe and fantasies of it being a superpower still.

      It's also no coincidence that quite a few MPs in UKIP are ex-Tory.

      There's certainly a movement in the Conservatives nowadays to move away from this viewpoint for sure, but to pretend there aren't still quite a lot of Tory MPs who still maintain that old fashioned viewpoint and who still wield a fair amount of influence? That takes an impressive amount of either political ignorance, or political bias coupled with perhaps a hint of xenophobia in ones self to not even be able to notice it.

      But if you care to try and find a bit more about it, a good place to look nowadays tends to be in the Tory euro-sceptic circles, that's mostly where they are focussing their attention currently. If you really paid attention to British politics and really knew what you were on about, you might have encountered in the news the kind of not so pretty events that occur every now and again when the old school mindset clashes with the more progressive folk in the Conservative party:

      http://www.independent.co.uk/news/world/europe/tory-mep-defiant-after-losing-expulsion-appeal-1868230.html

    10. Re:Oh dear , how naive by jez9999 · · Score: 1

      Oh, come off it. You're basically equating anyone that has any pride in their country at all as a xenophobe. By that standard, the large majority of politicians around the world are xenophobic. Fine, use that definition if you want, but it becomes rather meaningless.

    11. Re:Oh dear , how naive by Xest · · Score: 1

      Yes, it's a fine line.

      I'm certainly concerned about how the Britain first attitude could potentially have caused serious harm to the UK under a Conservative majority, most prominently with regards to their attitude towards Europe. A good example of bad policy was their grouping in the European parliament with largely far right parties- to see this extrapolated simply beyond their European parliament policy to British policy in general could be quite a tragedy.

      Still, as I say though, as a counter-point, Milliband's attempts to keep the torture documents on Binyamin Mohamed secret purely because of US pressure also do the UK no good, and it really shows how at the other end of the spectrum being too subservient can also be extremely bad.

      As you say, with the Lib Dems, I'd like to believe that perhaps they'll be the balancing force in this respect- not letting the Britain first ideology get too far out of hand one way or the other.

      Scotland has been the most vocal in recent years with regards to independence from the rest of Britain, and I'd like to believe as you say, the fact Scotland has so many Lib Dem regions might mean that the Lib Dems being part of the coalition will be a unifying force, but who knows?

      Specifically then, I think if anything will bring this coalition down, it wont be civil liberties, it wont be the economy, it wont be defence- I think it will in fact be tensions between the extremely pro-European Lib Dems, and the overly patriotic Tories. I suspect that will be the real boiling point that hurts both the government, and ultimately us too.

      Of course, it's also worth pointing out that with over a third of MPs being new to the job, the whole dynamic may well have changed with regards to the union, and international cooperation, for better or worse though, who knows? I guess we'll find out in time. I'd like to think that the British empire mindset that is still strong in some of the old school Tories might well have largely gone with the 227 MPs who have now been replaced, but that might just be wishful thinking.

    12. Re:Oh dear , how naive by shutdown+-p+now · · Score: 1

      So wait, this guy commits a crime (and let's be honest here: it is a crime), and he's not going to be punished for it because the UK doesn't want to be seen as "America's lap dog?"

      No, he's going to be punished, but as a British citizen, and under British law (if he is found guilty in a British court of law, anyway).

    13. Re:Oh dear , how naive by Xest · · Score: 1

      No, it's possible to have pride in your country without being a xenophobe, but being a xenophobe tends to go hand in hand with having pride in your country.

      But just as always through the ages, having pride in your country can be good, it can keep up a national spirit and keep people motivated through times of trouble (the Blitz, major earthquakes etc.) but it can also be used for bad- the third reich for example played on nationalistic patriotism to build it's power base.

      The difficulty is admittedly telling the difference between those who have pride in their country because they're genuinely proud of it, and those who say they have pride in their country to justify their hate for others. There is a somewhat in between category too of course- those whose pride in their country is misplaced, believing it's doing the right thing, even when it's not such that their intentions are good, but the result of their actions are bad.

      So the word wont become meaningless, it's wrong to suggest the majority of politicians are xenophobic, they're not- the Lib Dems and Labour tend to have next to no xenophobia throughout them even though the Tories do, and of course, UKIP and the BNP are built entirely on xenophobia. It's little different elsewhere of course, many US politicians are no less xenophobic than some of the nationalists in South America. So in this respect, it's certainly true that xenophobia is rife among politics across the world, but I don't think it's in any way a trait held by the majority of politicians.

      But for what it's worth, pride in your country in itself can be a dangerous thing, it's good to recognise Britain was a driving force in ending the slave trade, and it's good to be proud of that, but I certainly wouldn't be proud of the fact we were also one of the driving forces in starting the slave trade and carrying it through at it's peak. If you're going to say you're proud of your country regardless, be prepared to explain how you can be proud of the bad things it's done, as well as the good. Me, personally? I think I'd say in balance I'm proud of the UK, because I think in the grand scheme of things, in balance, compared to the rest of the world, we've done a lot of good, but I'd wager that's more down to great individuals rather than the nation as a whole. There's still an awful lot of British history, I can't be proud of, just as I can't be proud of the fact that even in the last few years the British government has been complicit in torture of it's own citizens, breach of our human rights, rape of civil liberties, and gross increase in surveillance.

      But here's a final point, when the likes of Daniel Hannan say they're proud of Britain, it's hard to tell if they're good or bad, when they start attacking people of other ethnicities and so forth, for nothing other than the fact they're different, it's quite clear what actual category he falls into. So don't assume that because someone says they're proud of their country they're not a bad person- take a look at what else they say, their other actions, and then you can see what they're really about, and it is for this reason that I state the problem with many of the Tory old school, because I have watched and seen their actions and their words of the years to know that they're not simply proud of their country, but they are in fact xenophobes. UKIP is really a fine example too though, most of it's policies don't stack up to the real facts and figures, and really their only reasoning for UK independence when you cut away all the lies, is that they don't want anything to do with foreigners, when you really look deeply at what they're about, you'll find they're not really much different to the BNP, the difference is the BNP are made up of lower class thugs, and UKIP is made up of upper class bigots, but ultimately they're no different, and their claims of simply loving their country are just an excuse for their bigotry.

    14. Re:Oh dear , how naive by pjt33 · · Score: 1

      It's also no coincidence that quite a few MPs in UKIP are ex-Tory.

      Obviously a slip of the keyboard, but what did you actually mean here: MEPs or failed candidates in the general election?

    15. Re:Oh dear , how naive by Xest · · Score: 1

      Yeah, that was badly written, it would probably have made more sense phrased as:

      It's also no coincidence that quite a few prominent members of UKIP are ex-Tory MPs.

      I can't really recall how well most of them did individually in the elections though so I'm not sure how many of them made it to MEP status, or how many were candidates in the general election.

  3. I AM THE GOD OF HELLFIRE AND I BRING YOU by Anonymous Coward · · Score: 0

    Fire, I'll take you to burn
    Fire, I'll take you to learn
    I'll see you burn!
    You fought hard and you saved and learned
    but all of it's going to burn
    And your mind, your tiny mind
    you know you've really been so blind
    Now 's your time burn your mind
    You're falling far too far behind
    Oh no, oh no, oh no, you gonna burn
    Fire, to destroy all you've done
    Fire, to end all you've become
    I'll feel you burn!
    You've been living like a little girl
    in the middle of your little world
    And your mind, your tiny mind
    you know you've really been so blind
    Now 's your time burn your mind
    you're falling far too far behind
    so Linux, just give it up and go home!
    and burn !!

  4. No big deal, let him go by ishmalius · · Score: 0, Flamebait

    That was so long ago. And he never hacked into any important or valuable computers, only webservers.

    1. Re:No big deal, let him go by betterunixthanunix · · Score: 2, Interesting

      As I recall it, he did not really hack into anything. There was no security system in place that prevented him from gaining access, he did not have to write any sort of code, he was just browsing around a network that was supposed to be internal.

      Personally, I wonder why the people who failed to secure that network, which supposedly contains sensitive information, are not on trial.

      --
      Palm trees and 8
  5. This will be interesting.... by Chrisq · · Score: 1

    Parties in opposition frequently seem to criticise what the government does for the sake of it. Is this just another case of "now its business as usual" or did they really believe in what they were saying and ensure that legislation brought in to counter terrorism isn't used randomly against British citizens.

  6. A little perspective from the UK by Gandalf_the_Beardy · · Score: 5, Informative

    Whilst it's undeniable I think that he did actual do it, there are a lot of people that cannot see why he should be extradited. The UK already has adaquate laws for the prosecution of the crime, and the crime was committed in the UK so it has always seemed odd to a lot of people that he should have been extradited, especially with the massive imbalance in potential sentence between the UK and US for this. I rather suspect that that imbalance is what causes many people much disquiet.

    Cameron is not going to be too concerned either way one suspects, although he will probably lean towards not extraditing him. Clegg however as a hard and a fast Liberal is almost certainly going to move all that he can to ensure he is not extradited. The one person to consider though in all this is Kenneth Clarke, whos is the Justice Secretary. He has interesting views - he once called Camerons plans for a British Bill of Rights "Xenophobic and a legal nonsensity". Quite what his feelings are on the extradition - and he gets the ultimate say as Justice Minister are as yet unknown. From what little I know of him personally I suspect he would favour prosecution in the UK but for all that his views are relatively unknown.

    1. Re:A little perspective from the UK by Anonymous Coward · · Score: 1, Insightful

      Hey, if the guy really was a suspected terrorist or was trying to insight people to cause terror then sure, let him get shipped off to the US.This would still be wrong in my opinion as you abide by the laws of the country you are in. That's why the internet poses a dimlema...it reaches across boundaries and borders.

      HOWEVER, missing the point. The Labour UK goverment bent over backwards for the US, and allowed people like Gary to be shipped off. The agreement is NOT a two way thing and we can't demand anyone in the US is shipped to the UK.

      BUT THE REAL CRIME HERE WAS WITH THE SECURITY OF THE SYSTEMS AND THE MODEL OF TRUST BETWEEN SYSTEMS THAT ALLOWED GARY TO INSTALL SOFTWARE.

      On investigation, Gary is obviously NOT a terrorist and hence should simply face the punishment for hacking in the UK (which I believe he has done). As far as I know he FULLY complied with the US as they were threatening to send him to quantanimo bay.

      If he had not have used a program (that he had purchased by credit card) then he would never have been caught and what he said it there are loads of hackers looking around. So I wonder how much the security has been improved and what protection people have on their data.

    2. Re:A little perspective from the UK by VJ42 · · Score: 1

      he once called Camerons plans for a British Bill of Rights "Xenophobic and a legal nonsensity".

      To clarify the parent, that's because Cameron was proposing repealing the act that gave the ECHR legal force in the UK courts (the Human rights act 1998).

      --
      If I have nothing to hide, you have no reason to search me
    3. Re:A little perspective from the UK by VocationalZero · · Score: 1

      the crime was committed in the UK so

      Was it? From the article:

      The US extradition relied on its insistence that McKinnon had intentionally caused $700,000 of damage to their computers. McKinnon denied causing the damage.

      I'm not sure what the ruling would be here.

    4. Re:A little perspective from the UK by Pvt_Ryan · · Score: 1

      and the crime was committed in the UK

      Ahh, but that's the messy part. Was the crime really committed in the UK? After all the servers were physically in the US.

      Going to over simplify this but lets assume you have an house and your house is beside the border of France and Spain. Lets also assume that border is only 1inch wide and you have a window facing that border. I throw a brick and smash your window, where was the offence committed?
      After all throwing a brick isn't illegal, it was only when it hit your window it became a crime but your window was on the other side of the border.

      So yes there are laws about trespassing on a computer in the UK however the systems he trespassed on were in the states.

      In saying all this, if he was going to be tried fairly then I would say yes deportation is right, I am purely against it as since 9/11 American's have lost the plot, Girl getting locked up for saying she had a bomb as a joke (stupid yes, but hardly a major crime when it was clear she was joking), but as they are likely to make an example of him and the punishment will in no way fit the crime in this case I am against his deportation.

    5. Re:A little perspective from the UK by couchslug · · Score: 2, Insightful

      The crime was committed FROM the UK, upon computer systems residing on US soil.

      If he didn't want to be punished, why did he volunteer for it by committing the crime? No sympathy here.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    6. Re:A little perspective from the UK by Gandalf_the_Beardy · · Score: 2, Informative

      UK law defines a crime as being the actual act "actus reus" and the intent "mens rea". Since he did both of those whilst in the UK, I'd say we have reason to prosecute quite legitimatly. The target is immaterial really - and for the purposes of the law to some extent it is irrelevant. People have been for example convicted of attempted murder in the UK when there was no possibility of any harm even occuring as the "person" wasnt even real so to that extent the target in the USA could be considered an abstraction.

    7. Re:A little perspective from the UK by Gandalf_the_Beardy · · Score: 1

      Actually the crime is committed the moment that you throw the brick provided it meets the tests in the Criminal Damage act. (assuming UK law here). By the time the glass is smashed then you have committed the offence.

    8. Re:A little perspective from the UK by nacturation · · Score: 2, Interesting

      The UK already has adaquate laws for the prosecution of the crime, and the crime was committed in the UK

      Was it? I'm sure there is case law to deal with these instances, but one argument is that typing occurred in the UK but hacking occurred in the US. The last time we had this discussion, I proposed the following thought experiment:

      A French person with a rifle shoots across the France/Germany border and kills a German. In which country did the murder occur?

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    9. Re:A little perspective from the UK by Pvt_Ryan · · Score: 1

      If I miss and no damage is caused it's not a crime, you could argue intent but that's a different topic.

      After writing I did have another thought, He did break UK law, he also broke US law. Due to the nature of the internet he was able to break the laws in 2 countries at the sametime. So in theory he should be tried and sentenced in the UK, then after he has served his sentence in the UK, he should be deported to be tried and sentenced in the US.

    10. Re:A little perspective from the UK by martin-boundary · · Score: 3, Informative

      A French person with a rifle shoots across the France/Germany border and kills a German. In which country did the murder occur?

      It occurred in the country where the Frenchman was firing the rifle.

    11. Re:A little perspective from the UK by nosferatu1001 · · Score: 1

      Only if he meets the legal tests in the (fucking stupid) treaty.

      Whcih the USG only managed to do by making numbers up to inflate the "damages".

    12. Re:A little perspective from the UK by Sir_Lewk · · Score: 1

      I'm not sure, can't you think of a more realistic scenario?

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    13. Re:A little perspective from the UK by MichaelSmith · · Score: 1

      Lets say that in the US it is illegal for me to probe DirectoryIndex on apache web servers, while in Australia it is perfectly okay. From the UK I try this trick on company X not knowing or careing where their servers are located...

    14. Re:A little perspective from the UK by Anonymous Coward · · Score: 1, Informative

      it's not Ken Clarke's call, it's up to the Home Secretary, Theresa May.

      Ultimately though it's the PM's decision.

    15. Re:A little perspective from the UK by Richard_at_work · · Score: 2, Insightful

      It actually occurred in both countries, in a legal sense. People saying it only occurred on one country are showing either a bias of opinion on the matter, or ignorance.

    16. Re:A little perspective from the UK by tehcyder · · Score: 2, Funny

      A French person with a rifle shoots across the France/Germany border and kills a German. In which country did the murder occur?

      The US?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    17. Re:A little perspective from the UK by Xest · · Score: 5, Interesting

      "I rather suspect that that imbalance is what causes many people much disquiet."

      Actually, I suspect it's largely patriotism. No one wants to see one of their citizens handed over to a foreign power with no worthwhile favour in return, and yet, that's exactly what the Labour government was proposing.

      I'd wager this has been fed by the fact we've got some of our soldiers dying in a war, that, once you cut away the rhetoric, really had fuck all to do with us, and made us less secure in that we're not as much a target as the US- prior to that, we weren't really a target for Islamic terorism because we were so tolerant of islamic communities. It's further not helped by the fact that when the US manages to kill some of our soldiers in a friendly fire "accident" (I wouldn't call it an accident, I'd call it incompetence) they refuse to assist in the coroners investigation by witholding the gun cameras. Add to this the threats of withdrawing security cooperation with us when our courts wanted to release evidence of our secure services being complicit in torture of British citizens by US forces and you begin to see why there is such a backlash.

      Probably, if the US hadn't been so difficult over so many things over the last decade, despite us giving them something that can't really have a value put on it - the blood and lives of our soldiers in support of their war - then they could've gotten away with this extradition and a lot of people wouldn't have even batted an eyelid at the case.

      But no that didn't happen, and so people in the UK have simply had enough, and McKinnon has become the catalyst for which people are standing up and demanding that our government starts saying no to the US.

    18. Re:A little perspective from the UK by Ihlosi · · Score: 1
      A French person with a rifle shoots across the France/Germany border and kills a German. In which country did the murder occur?

      It doesn't matter.

      French law probably states what someone needs to do to qualify as a murderer and what the punishment is. It quite likely doesn't say that the victim needs to be in France. Hence, the murderer can be sentenced in France, regardless of where the victim was.

    19. Re:A little perspective from the UK by mdwh2 · · Score: 1

      he once called Camerons plans for a British Bill of Rights "Xenophobic and a legal nonsensity".

      No, he was referring to Cameron's plans to repeal the Human Rights Acts (our version of the European Convention on Human Rights). I think that puts Kenneth Clarke in a good light regarding human rights, not a bad one.

      (Will a Bill of Rights be better? Who knows. Do we trust the Tories to give us something better? And bear in mind that most the criticism of the HRA is based on Daily Mail-style whining of "How dare these people be allowed their rights!", and I fear therefore that a replacement will offer us less, not more.)

    20. Re:A little perspective from the UK by Ihlosi · · Score: 1
      Small followup:

      German penal law clearly defines the place where a crime took place as the place where the perpetrator was when he or she commited the criminal act.

      However, it also has a few provisions that allow applying German penal law to crimes commited abroad, e.g. if the victim was German and the action would be considered a crime in Germany.

      The guy who shoots across the border can quite likely be sentenced by either country, depending on where he's captured.

    21. Re:A little perspective from the UK by elrous0 · · Score: 1

      I'm not clear as to why the U.S. is so adamant about extraditing him either. He hardly seems like a master terrorist, and the U.S. and UK have pretty strong relations. I suspect that it comes down to one of two things: either they suspect that his break-in was actually more than just a nutball looking for UFO files, or they don't want to set a precedent which would allow the UK and other countries to deny extradition in much more serious hacking cases. I strongly suspect it's the latter. Frankly, I think it would be best for the U.S. to come to quietly just drop the charges and end the debate altogether (without setting precedent either way). They could always come back and ask for extradition in a more clear-cut case in the future (one involving an actual terrorist, not just a loser who's watched too many X-files episodes).

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    22. Re:A little perspective from the UK by elrous0 · · Score: 1

      My grandfather always used to say that, when he was in his 20's, he certainly didn't consider killing Germans to be murder. But then, Grandpa was born in 1950 and times were different back then.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    23. Re:A little perspective from the UK by Culture20 · · Score: 1

      A French person with a rifle shoots across the France/Germany border and kills a German. In which country did the murder occur?

      It occurred in the country where the Frenchman was firing the rifle.

      Heh, ambiguous English. In the same vein, it also occurred in the country where the Frenchman was aiming the rifle (hint:that's both countries). :D

    24. Re:A little perspective from the UK by Tolkien · · Score: 1

      all that his views are relatively unknown.

      Isn't this a good trait for a Justice Minister? Mind you, I know nothing of the guy.

    25. Re:A little perspective from the UK by Anonymous Coward · · Score: 0

      The crime is reckless endangerment, it was committed when you threw the brick (and thus losing control of where the heavy and potentially dangerous object lands) and you should be punished in the country that you threw the brick from. Really quite simple.

      Here's an easier (and considerably more analogous one for you) - If I, sitting in my own country at my own computer, help someone in a foreign country with their campaign against their government or judicial system by providing information etc. and thereby help them break their own laws - should I be extradited? Really doubt you're going to say yes to that one - but its the same idea, the crime was committed against their country, in this case actually aiding someone that was in that country, yet because I am neither in that country or one of it's citizens I am not bound by their laws.

      You can argue about virtual location all you want - but at the end of the day it's the military that made these servers accessible world-wide, they put the door in our country, they can't then demand special treatment cause some kid opened it.

    26. Re:A little perspective from the UK by SleazyRidr · · Score: 1

      I think that would escalate from murder into an act of war, so he should be tried in Geneva.

    27. Re:A little perspective from the UK by nacturation · · Score: 1

      I'm not sure, can't you think of a more realistic scenario?

      Okay, here's another one for you. A plane crashes right smack along the French/German border. There are parts everywhere and the bodies are amazingly kept also right smack along the border line too. In which country should they bury the survivors?

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    28. Re:A little perspective from the UK by Anonymous Coward · · Score: 0

      Exactly. Once upon a time the US was a British colony, now it's the other way around.

      (I'll gladly nitpick with Grammar Nazis at Nurenberg...)

    29. Re:A little perspective from the UK by Anonymous Coward · · Score: 0

      And yet, you idiots keep buying more and more and more US Treasuries.

      I'd take the UK ( and China ) more seriously with their anti-US rhetoric if they weren't so insatiably lustful to finance us. Actions speak much louder than words.

    30. Re:A little perspective from the UK by Xest · · Score: 1

      It's not the people who do that though, it's the same old Labour government we've just got rid of.

    31. Re:A little perspective from the UK by sjames · · Score: 1

      How might you feel if a microbrewery here shipped an order to a customer in Saudi Arabia? Perhaps to a 20 year old customer (so that it actually IS a crime here as well).

    32. Re:A little perspective from the UK by pjt33 · · Score: 1

      The relevant legislation. Sections 4 and 5 are the relevant ones.

    33. Re:A little perspective from the UK by pjt33 · · Score: 1

      In the one which is keenest to cover up the truth.

  7. Bill, is that you? by Anonymous Coward · · Score: 0

    n/t

  8. What kind of stupid comment is that? by Viol8 · · Score: 1

    "And he never hacked into any important or valuable computers, only webservers."

    Oh right, so webservers arn't an important part of the internet then?

    Whatever the rights and wrongs of Mckinnons case the statement you made is just moronic.

    And as for it being long ago, so was WW2. Perhaps we should just let old nazi murderers have a nice peaceful retirement too?

    1. Re:What kind of stupid comment is that? by miffo.swe · · Score: 1

      Web servers are not especially important and they tend to go down for various reasons from time to time without the world bursting into flames. I think hacking into a web server without destroying anything is a very petty crime. Using ill gotten information for further crimes is bad but the actual hacking, not so much.

      As for nazis, give it a rest. Playing the nazi card in a discussion about extradiction devalues it beyond usability.

      --
      HTTP/1.1 400
    2. Re:What kind of stupid comment is that? by Pvt_Ryan · · Score: 1

      Oh right, so webservers arn't an important part of the internet then?

      I have a blog on my webserver, can't say I'd label it as an "important part of the internet" though.

      Had he compromised the root DNS servers, ok, that would be damaging an "important part of the internet"

      And as for it being long ago, so was WW2. Perhaps we should just let old nazi murderers have a nice peaceful retirement too?

      What age are you 12? Seriously, comparing compromising a few computers with genocide..

      Since I have karma to burn, Well you make a good point, tbh we might as well as those we haven't caught have already enjoyed the majority of their remaining years. It probably costs more than it is worth just to spend the next 5years trying, appealing and finally convicting them. Lets face it those that don't die during the trial will at best only serve 5years before they die in prison.

    3. Re:What kind of stupid comment is that? by Viol8 · · Score: 1

      "I have a blog on my webserver, can't say I'd label it as an "important part of the internet" though."

      If someone hacked into your bank account via a compromised web server you might have a different opinion.

      "What age are you 12? Seriously, comparing compromising a few computers with genocide.."

      I wasn't comparing it to genocide. My point which you didn't get is that it doesn't matter how long ago a crime was committed. If the perpetrator is still alive then he should still be brought to justice.

    4. Re:What kind of stupid comment is that? by Viol8 · · Score: 1

      "I think hacking into a web server without destroying anything is a very petty crime"

      I guess when you're old enough to buy a car or house you'll think that someone breaking into them is a "very petty crime" then.

    5. Re:What kind of stupid comment is that? by stealth_finger · · Score: 1

      nazi murderers =/= a guy looking for aliens.

      And I Imagine what he means by important or valuable computers is ones that cant fire cruise missiles at Iran or have the names of all undercover agents stored neatly on it or some such foolishness.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    6. Re:What kind of stupid comment is that? by Pvt_Ryan · · Score: 1

      What kind of idiot would store their details / important confidential data on their web server? That goes for companies as well

      You're right, So when are we going to bring the catholic church to task for the crusades?

      BTW I am not suggesting that seven years is too far in the past

    7. Re:What kind of stupid comment is that? by xaxa · · Score: 1

      "I think hacking into a web server without destroying anything is a very petty crime"

      I guess when you're old enough to buy a car or house you'll think that someone breaking into them is a "very petty crime" then.

      I would think someone opening my car door, looking around, then walking away was a minor crime.

      Someone intentionally scratching the paint is minor crime. It's annoying to me, but it doesn't affect anyone else

    8. Re:What kind of stupid comment is that? by miffo.swe · · Score: 2, Insightful

      If they break into the car/house without doing any damage its a petty crime. A crime yes, but a minor one. Not something you extradite people for with anti terrorism laws exactly.

      --
      HTTP/1.1 400
    9. Re:What kind of stupid comment is that? by Viol8 · · Score: 1

      "What kind of idiot would store their details / important confidential data on their web server?"

      No sonny , a bank stores customer details in their backend systems but if you can hack the web server you can intercept unencrypted account id's and so forth being sent to the backend systems.

      You'd better run along now, teacher probably wants you back in class.

    10. Re:What kind of stupid comment is that? by sqldr · · Score: 1

      Sony hacked into thousands of people's computers with their DRM software. Apparently that's OK because they're big business and they were protecting sales or something.

      No, it's not OK. Sony committed a worse crime than this bloke who just logged in to some computers using a default password. Sony deceptively installed a trojan on their customers' machines which impaired their function and made private information public. McKinnon didn't even publicly release his findings. By this logic, it's Sony who should be facing a gaol sentence.

      --
      I wrote my first program at the age of six, and I still can't work out how this website works.
    11. Re:What kind of stupid comment is that? by jonbryce · · Score: 1

      In England, if someone walks through an unopened door, has a look round and leaves, that is just trespass which attracts a very nominal punishment.

    12. Re:What kind of stupid comment is that? by nosferatu1001 · · Score: 1

      Ah, you mean the violations of the PCI DSS you mean?

      Idiot.

      I assume you have never heard of a statute of limitations?

    13. Re:What kind of stupid comment is that? by Anonymous Coward · · Score: 0

      What?

      You do realise that compromised web-servers are part of a major platform for deploying malware and trojans on to Joe Sixpack's laptop?

    14. Re:What kind of stupid comment is that? by ishmalius · · Score: 1

      Actually, years ago I worked at one of the NASA offices that hosted one of the servers into which he hacked. It was (if I recall correctly) a server hosting a browsable space image library. Breaking into that box? No big deal, really. It wasn't connected to anything sensitive. None of their webservers are.

      I have also worked on DoD projects with systems holding highly valuable and sensitive information. If he broke into one of those, then some damage might have been done. But of course he didn't, because they are not on the Internet!

      But if your office fails to cleanly separate internal servers from Internet-facing webservers, then it is just as much your (manager, admin, etc) fault as the hacker. Webservers should be considered 'throwaway,' meaning that if they get hacked or damaged, then all you should need is failover and reprovisioning.

      In the future you might give the poster the benefit of a doubt. :-)

    15. Re:What kind of stupid comment is that? by Pvt_Ryan · · Score: 1

      Sorry I misread the comment.

    16. Re:What kind of stupid comment is that? by Anonymous Coward · · Score: 0

      Actually, it does matter how long ago a crime was committed. Bringing up nazis is hugely intellectually dishonest. McKinnon's crime was more akin to trespassing.

    17. Re:What kind of stupid comment is that? by joebagodonuts · · Score: 1
      --
      "Give a woman two glasses of wine and some pad thai, and they'll agree to just about anything." the Sports Guy
    18. Re:What kind of stupid comment is that? by Viol8 · · Score: 1

      "Ah, you mean the violations of the PCI DSS you mean?"

      LOL!

      Yeah , keep reciting that to yourself. Maybe it'll make all the nasty men go away....

    19. Re:What kind of stupid comment is that? by Pushpabon · · Score: 1

      And as for it being long ago, so was WW2. Perhaps we should just let old nazi murderers have a nice peaceful retirement too?

      What we shouldn't be doing is kidnapping them abroad and draging them to israel for a kangaroo court or assassinating them around the globe. The couple countries in europe are the only places their trial should take place.

    20. Re:What kind of stupid comment is that? by commonearth · · Score: 1

      It's worse than that - trespass isn't a criminal offence in the UK (http://en.wikipedia.org/wiki/Trespass), it's a civil matter, and so punishment doesn't even come into the equation.

  9. my take on this as an aussie by thephydes · · Score: 4, Insightful

    The treaty was written and signed to combat terrorism. Is he a terrorist? I doubt it. Is it worth the cost to get him to the US to be tried? I doubt that too. For fuck sake go after the real terrorists rather than a misguided individual with a mental disorder who believes in aliens. FFS the US should be thanking him for finding security flaws and not selling them to someone else. In this case I say FUCK THE TREATY!

    1. Re:my take on this as an aussie by Hurricane78 · · Score: 2, Insightful

      The treaty was written and signed to create terrorism

      There, fixed that for ya.

      Look up “terrorism”. It’s the act of creating terror. And such fearmongering is the exact point of the whole operation.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    2. Re:my take on this as an aussie by Anonymous Coward · · Score: 1, Interesting

      What is the difference between hacking the Pentagon because you believe in aliens and hacking the Pentagon because you believe in Allah?

    3. Re:my take on this as an aussie by martin-boundary · · Score: 1

      That's irrelevant. If you hack the Pentagon in the UK, you should stay in the UK, whether you believe in aliens or allahs.

    4. Re:my take on this as an aussie by Anonymous Coward · · Score: 0

      Because UFO nuts don't put a belt of explosives and kill 40+ daily in Pakistan. The UFO nut didn't have a destructive intent, the dude who believes in Allah might have been more willing to erase anything he could on the pentagon servers.

    5. Re:my take on this as an aussie by Chrisq · · Score: 2, Insightful

      What is the difference between hacking the Pentagon because you believe in aliens and hacking the Pentagon because you believe in Allah?

      Belief in aliens is less farfetched

    6. Re:my take on this as an aussie by jonbryce · · Score: 1

      You are hacking the Pentagon because you want to find out what secret info they have about Aliens.

      You are hacking the Pentagon because the voices in your head told you that Allah wants it destroyed.

    7. Re:my take on this as an aussie by VJ42 · · Score: 1

      What is the difference between hacking the Pentagon because you believe in aliens and hacking the Pentagon because you believe in Allah?

      There's this thing called "intent"

      --
      If I have nothing to hide, you have no reason to search me
    8. Re:my take on this as an aussie by noidentity · · Score: 1

      Of course he's a terrorist! He was trying to get the location of the secret U.S. base where they are keeping the alien anti-matter weapons technology they recovered from crashed UFOs, so he could use it in an attack on the US. It's a big cover-up.

    9. Re:my take on this as an aussie by chrb · · Score: 1

      The treaty was written and signed to combat terrorism.

      No it wasn't. The treaty was written to allow people to be extradited for non-terrorist acts - there have already been extraditions for financial fraud, child abuse, and price fixing. See Wikipedia. If lawmakers had wanted to limit it to acts of terrorism, they could have done so, but they didn't. Clearly, the treaty was also intended to cover non-terrorism crimes.

      I am curious as to whether the US law has ever been used to extradite a US citizen to the UK?

    10. Re:my take on this as an aussie by Mattskimo · · Score: 1

      Aliens probably exist? Note: by "exist" I do not mean "visit us".

    11. Re:my take on this as an aussie by Anonymous Coward · · Score: 0

      I say fuck the treaty in all respects.

      It is a one sided, imbalanced, unjust bend over and take it in the ass kinda of treaty with america doing the shoving and britian gladly bending over.

      Basically an american official decides someone in the UK is guilty of some crime that is a crime in america but not necessarily a crime in the UK - they request that persons extradition and don't have to prove his guilt - they just have to say they have sufficient evidence and the UK blindly obliges. If the UK asks for the extradition of some american then that aint gonna happen unless it's pretty fucking serious.

    12. Re:my take on this as an aussie by shutdown+-p+now · · Score: 1

      What is the difference between hacking the Pentagon because you believe in aliens and hacking the Pentagon because you believe in Allah?

      None. Specifically, neither of those is terrorism.

      (Hint: the definition of "terrorism" is not "doing things in the name of Allah". It's "policy or act intended to intimidate or cause terror, usually for the furtherance of ideological goals".)

    13. Re:my take on this as an aussie by BatGnat · · Score: 1

      This issue is not about being a terrorist. It is about where the crime was committed.

      Next the U.S. Gov will be trying to extradite us for driving on the correct (left) side of the road here in Australia, because it breaks the U.S. law...or for using the decimal system...

  10. If you get paid into a foreign bank account... by Viol8 · · Score: 0, Offtopic

    ... then how are they going to know how much you earn anyway? Surely you could just tell them anything and end up paying little or no tax?

    1. Re:If you get paid into a foreign bank account... by macshit · · Score: 5, Informative

      ... then how are they going to know how much you earn anyway? Surely you could just tell them anything and end up paying little or no tax?

      In my experience, that's what usually seems to happen: people just ignore this law because it's almost impossible to enforce in many cases.

      The exception is where the person still has a significant legal connection with the U.S. -- for instance, someone who works for a U.S. company in one of their foreign offices, and is paid by the U.S. arm of the company. Even in that case, there's a pretty large exemption on which you don't have to pay U.S. taxes, which pretty much covers your entire salary unless you're very well paid.

      Because of the large exemption, the IRS also has little incentive to even try to enforce the law unless you're an executive or something and they suspect you have a substantial salary.

      --
      We live, as we dream -- alone....
    2. Re:If you get paid into a foreign bank account... by Jah-Wren+Ryel · · Score: 2, Interesting

      Because of the large exemption, the IRS also has little incentive to even try to enforce the law unless you're an executive or something and they suspect you have a substantial salary.

      Except for recent rules where expats are required to report any foreign bank account with more than $10K and failure to do so can result in serious penalties.

      --
      When information is power, privacy is freedom.
    3. Re:If you get paid into a foreign bank account... by Anonymous Coward · · Score: 1, Interesting

      It doesn't matter, you'd still violate US law.

      In fact, the first $ 90,000 earned abroad is exempt. Also, you are credited for foreign taxes paid, assuming the US likes the countey. So your only fucked doubly if youjr earning more than $ 90,000 in Cuba, Iran, etc.

      That said, there is still the fucking insanity of needing to file!

    4. Re:If you get paid into a foreign bank account... by Crazyswedishguy · · Score: 2, Informative

      Speaking from experience, it's still a huge hassle. While I personally don't anyone who just ignores the law (although granted most of the people I know still work for U.S. companies) it makes your taxes so complicated that you pretty much can't file them without the help of a tax attorney.

      Most importantly, you're still getting screwed because the country in which you reside (and work, presumably) still expects you to pay taxes, so in the end you're paying:

      (local taxes) + (U.S. taxes) - (some exceptions meant to avoid double-taxation) = (still more than you would pay in either country if you were taxed only by that country)

      When the other country you're living in is a European country with a very high tax rate (e.g. France, Sweden, etc.), you end up paying a lot more in taxes than you are getting in return benefits.

      --
      This space up for sale.
    5. Re:If you get paid into a foreign bank account... by Albanach · · Score: 1

      (local taxes) + (U.S. taxes) - (some exceptions meant to avoid double-taxation) = (still more than you would pay in either country if you were taxed only by that country)

      When the other country you're living in is a European country with a very high tax rate (e.g. France, Sweden, etc.), you end up paying a lot more in taxes than you are getting in return benefits.

      Most Western countries have taxation treaties. Generally you would not pay US tax on earnings in, for example, a more highly taxed European country - only if you were paying less tax than you would in the US would you pay the balance to the IRS.

      http://en.wikipedia.org/wiki/Tax_treaty#Double_Tax_Relief

    6. Re:If you get paid into a foreign bank account... by jimbolauski · · Score: 1

      Except for recent rules where expats are required to report any foreign bank account with more than $10K and failure to do so can result in serious penalties.

      That's why they open multiple bank accounts with 10k in them.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    7. Re:If you get paid into a foreign bank account... by Ihlosi · · Score: 1
      That's why they open multiple bank accounts with 10k in them.

      That's when they use the SWIFT data they have collected to find one of them, transfer some money to it to put it just above 10k, and arrest you and send you off to prison. Have a nice day.

    8. Re:If you get paid into a foreign bank account... by AK+Marc · · Score: 1

      Or if you make more than an amount somewhere in the high $80k range. Or, in some cases where you have US income that isn't taxed outside the US (you rent out the house you left behind) then you have to pay taxes on that income to the US, depending on your situation. And good luck finding someone outside the US that's good with the US rules. They exist, but they are few and far between, and certainly not cheap.

      You *will* be filing double-returns for the rest of your life (even if you don't owe taxes, you must file to retain that status), and often paying double-tax (or at least separate and incompatible tax) for the rest of your life. And the US is the only industrialized country with those rules.

    9. Re:If you get paid into a foreign bank account... by Crazyswedishguy · · Score: 1

      I agree with you that there are mechanisms in place that are intended to avoid double-taxation. My point though is that, despite these mechanisms, in practice (at least in my experience) you still end up paying more than the greater individual tax rate, i.e. more than you would pay if you were just declaring everything in one or the other of the two countries.

      --
      This space up for sale.
    10. Re:If you get paid into a foreign bank account... by jonwil · · Score: 1

      Thats why you put amounts in things not legally considered a bank account under the letter of the law.
      I am sure there are things you can invest in that are not considered a bank account but which have very little risk of loosing money.

    11. Re:If you get paid into a foreign bank account... by drinkypoo · · Score: 1

      That's why they open multiple bank accounts with 10k in them.

      You won't even be able to buy property that way in many countries with transactions required to go through banks. On the other hand, it is why Panama is one of the world's largest offshore banking centers. A lot of people buy (and subsequently sell) land in Panama just to launder money. It's a center for money laundering for Colombia, too. Panamanians call the skyscrapers going up all over Panama City "The Cocaine Towers".

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  11. US Government is trying to hid secrets by Anonymous Coward · · Score: 1, Funny

    US prosecutors have been trying to get McKinnon before a New Jersey court for seven years after they caught him hacking into US military and NASA computers looking for evidence of UFOs.

    If the government has nothing to hide, then they shouldn't be worried about people trying to search for UFOs. It's obvious that the US government is trying to hide secrets from UFO investigators like Gary McKinnon. To this day the government refuses to acknowledge that unidentified flying objects are a mystery because of their lack of identification.

    Now lets seque into reality:

    Though I often wonder, that so many thousands of corporate executives can commit crimes with immunity or just a slap on the wrist, and not ONE US president has ever gone to jail for committing a crime, and yet they can spend time and money trying to incarcerate a UFO investigator, people who smoke marijuana, and people who look at pornography. It's amazing how popular democratic fascism has become over the past 30 years.

    1. Re:US Government is trying to hid secrets by Pvt_Ryan · · Score: 1

      You forget. "Everyone is equal, just some are more equal than others"

  12. Same old Same old... by carp3_noct3m · · Score: 1

    Ok, first off, this "hacker" with aspergers, if I remember correctly, used a 56k modem, while being constantly high, to scan for windows boxes with blank passwords.... And the US wants to hang him high? Car analogy incoming: If you leave your car (computer system) on the internet (imagine Cuidad Jaurez) with its window down (ports open, blank passwords), and someone comes along and replicates the iPod in your car, still leaving your iPod there, is it really that bad? As for the things he found, he said the most interesting things were lists of "non-terrestrial" officers and lists of ships that don't exist in any US fleet, but again, he was very high, and is therefore unreliable. I just figure this is a honeypot system (or disinfo) setup to track similar attempts from foreign governments, which are good at getting info and keeping it secret, whereas joe schmo 56k modem (I still lol @ this, but remember, wardialing (though it's not what he did) isn't quite so dead as you may think) finds info like this and is like"omg, I found possible evidence of secret spaceships!" Regardless, its just pathetic that even Robert Gates at the time admitted to over 300 successful penetrations, not attempts, of government systems per day! Blank passwords, tsk tsk.

    --
    "It's ok, I'm completely secure as long as my iron is off"
    1. Re:Same old Same old... by carp3_noct3m · · Score: 1

      Ah correction, it appears "he did admit he may have deleted some government files by accidentally pressing the wrong key"

      --
      "It's ok, I'm completely secure as long as my iron is off"
    2. Re:Same old Same old... by Clueless+Nick · · Score: 1

      And the exemplary damages they charge him will go towards organizing a data backup policy seminar for US Government officials?

      --
      Chat with other atheists http://secularchat.org
    3. Re:Same old Same old... by Schmorgluck · · Score: 1

      someone comes along and replicates the iPod in your car, still leaving your iPod there, is it really that bad?

      It results in one more iPod in the world, so yes, it is bad.

      --
      There's nothing like $HOME
    4. Re:Same old Same old... by 91degrees · · Score: 1

      In your car analogy, does the iPod contain sensitive government data, and was the data duplicated by someone who probably knew that it does? I think this makes a difference.

  13. Maybe crimes comitted in the UK should by Anonymous Coward · · Score: 0

    "Maybe crimes comitted in the UK should be prosecuted there as well." Well, yeah. And the CPS said that the case wasn't worth persuing. Then the Bush admin passed a law making what McKinnon did a criminal offence (now extraditable) and AFTER THE FACT accused him of the criminal act.

    Despite no civilised country allowing ex posto facto laws.

  14. It's a war crime now??? by Anonymous Coward · · Score: 0

    It's a war crime now??? And what about the US soldiers in Germany being brought back to the US so they didn't have to face criminal charges in Germany? Or the friendly fire incident, where the US refused to let the pilots even be questioned..!

    Then add in the war crimes of Bush/Blair.

    Lastly, what McKinnon did wasn't even a crime when he committed it. That law came in AFTER the act. And now what was not a crime when he did it is now a war crime???

    1. Re:It's a war crime now??? by stupid_is · · Score: 1

      I seem to remember that US isn't under any obligation to surrender troops to the international courts for war crimes and all that, despite most other countries being so obligated.

      --
      -- Intelligence is soluble in alcohol
  15. mod parent "sudden outbreak of common sense" by Anonymous Coward · · Score: 0

    mod parent "sudden outbreak of common sense"

  16. Really? Let's look at two examples! by Anonymous Coward · · Score: 4, Insightful

    Lets say that I send information about bypassing censorship to someone living in China. Should I be sent to China to be prosecuted about this? Of course not: The deed should be judged based on the laws of the country where I was when I committed the deed. Even if the target is in another country.

    Now, you can say "But that isn't illegal in the country in which you live. It is different.". I don't think that changes anything (because it still means that I should be judged by the country in which I am) but let's look at another example where this isn't the case.

    Let's say I download the latest blockbuster movie through the bittorrent network. It is illegal here and it is illegal in the USA. Most likely the company that owns the rights to the movie is in USA and it might even be that some of the people I downloaded the movie from (for simplicty's sake, let's even say that all of them) could be located in the USA. Does that mean that I should be sent to USA to be prosecuted instead of being prosecuted by them in the justice system of this country? I certainly don't see the logic here.

    The guy lives in UK and was in UK when the crime was committed. As such, can you explain why he should be sent to USA to be prosecuted instead of being trialed in the UK, in a way that is also consistent on your views about the two examples I gave. Naturally, if you disagree with me (that the people in those examples should be sent to China and USA respectively), it becomes a very easy task.

    1. Re:Really? Let's look at two examples! by Shihar · · Score: 1

      You shouldn't be sending anyone to China because neither the US nor the UK have an extradition treaty with China. That is pretty much the end of it. You also probably shouldn't be sending folks to the US over bittorrent downloads seeing as how that is a civil crime and I am pretty damn sure not subject to extradition treaties.

      It is pretty simple. The dude broke a US law on a US computer system. The UK has an extradition treaty. If the crime meets the criteria for extradition, he should be extradited. If the crime doesn't meet the criteria based upon a technically as to where he was sitting when he committed his act (versus where the system in question was located), then he should be prosecuted domestically. Seeing as how no UK court has taken up the case, I am guessing that the UK courts agree with the American courts in that he committed a crime in the US. The only thing left is to determine if this particular crime meets the criteria for extradition.

      I personally don't see what is so fucking magical about this case. The UK has treaties and a legal system sort this shit out. There is no need to involve politicians. The only thing politicians should be doing is changing the law if the UK people don't like it, with the understanding that backing out of an extradition treaty provoke the same response from the US. Take it or leave it.

    2. Re:Really? Let's look at two examples! by mikael_j · · Score: 2, Informative

      The issue here is apparently that there is a lower limit for severity of a crime before the extradition treaty "kicks in" and there are a lot of people who are arguing that the claimed damage i vastly exaggerated (that pretty much any cost related to the systems in question in any way since he first connected to them is being thrown into the alleged damage he made).

      --
      Greylisting is to SMTP as NAT is to IPv4
    3. Re:Really? Let's look at two examples! by chrb · · Score: 2, Insightful

      You also probably shouldn't be sending folks to the US over bittorrent downloads seeing as how that is a civil crime and I am pretty damn sure not subject to extradition treaties.

      Copyright infringement is a criminal act. At least one person has already been extradited to the US on charges of copyright infringement.

    4. Re:Really? Let's look at two examples! by kramerd · · Score: 1

      IANAL, but I'm also willing to do five minutes of research before making claims of what I think is correct before making blanket statements based on wikipedia articles that I didn't read (a wikipedia article, by the way, which claims that the neutrality of the article is disputed since January 2008 despite the entirety of the article being factual information, which could only contain bias based on the reader, not based on the information contained). Copyright infringement is a generally not a criminal act (in order to be criminal, it has to include a profit motive, so using bittorent for personal use isn't going to land you in jail). Conspiracy to commit copyright infringement is a criminal act if the conspiracy would reasonably be harmful to society. Conspiracy against a private organization could be seen as either civil or criminal, depending on the scope of the act. A blanket statement of criminal act when referring to copyright infringement is misleading at best, and fraudulent if done knowingly (although oddly enough, false accusations of copyright infringement is a civil act, as is false repudiation of claim that you own copyright to copyrighted materials for which you do not, unless of course, in either situation, as profit motive is provable, in which case it becomes a criminal act).

      Griffiths (your cited example) was extradited for breaking terms of US copyright law, not the AUSTFA, at a time period when the two were not (for all intensive purposes) the same. It was determined by Australian courts that the US was the best place for prosecution because both the courts and executive government agreed that the actions had taken place under US jurisdiction. This was a consequence of bilateral arrangements between the US and Australia, but the charge was not copyright infringement, but rather conspiracy to commit copyright infringement. Despite this, it took three years for such determination to be finalized, indicating that extradition is not something taken lightly by either government (it wasn't the US really wanted this, and Australia really fought back, it was that both the US and Australian government agreed he should have been tried for criminal actions but he could not be tried under the previous Australian law; and the value to society of prosecution in the US was deemed to be a better solution for society than failing to extradite). If Griffiths had been arrested under the exact same charges today, he would not have been extradited because AUSTFA has been updated to correlate more closely with US copyright law and he would be prosecuted in an Australian court.

    5. Re:Really? Let's look at two examples! by Culture20 · · Score: 1

      Lets say that I send information about bypassing censorship to someone living in China. Should I be sent to China to be prosecuted about this? Of course not: The deed should be judged based on the laws of the country where I was when I committed the deed. Even if the target is in another country.

      Now, you can say "But that isn't illegal in the country in which you live. It is different.". I don't think that changes anything (because it still means that I should be judged by the country in which I am) but let's look at another example where this isn't the case.

      Let's say I download the latest blockbuster movie through the bittorrent network. It is illegal here and it is illegal in the USA. Most likely the company that owns the rights to the movie is in USA and it might even be that some of the people I downloaded the movie from (for simplicty's sake, let's even say that all of them) could be located in the USA. Does that mean that I should be sent to USA to be prosecuted instead of being prosecuted by them in the justice system of this country? I certainly don't see the logic here.

      The guy lives in UK and was in UK when the crime was committed. As such, can you explain why he should be sent to USA to be prosecuted instead of being trialed in the UK

      And if the crime was done from international waters, where it's not illegal? How about that cruise missile example from OP? What about Sideshow Bob's plan to kill Bart Simpson at Five Corners National Park? "I fire the gun in the first State, the bullet passes through States two and three, killing you in the fourth State. No individual State's laws are broken. It's foolproof!"

    6. Re:Really? Let's look at two examples! by Anonymous Coward · · Score: 0

      Last I heard the US still hadn't ratified their side of this deal, and it's been years of waiting. And truth be told, this is pretty typical practice for too many treaties the US imposes on others but refuses to live by itself. So I can't see what the problem is with the UK pointing out that this treaty process isn't working the way it should and simply tear it up and start afresh.

    7. Re:Really? Let's look at two examples! by Hognoxious · · Score: 1

      The dude broke a US law on a US computer system. The UK has an extradition treaty.

      Law != justice. legal != moral.

      If the crime meets the criteria for extradition, he should be extradited.

      It doesn't, hence the inflated damages.

      Seeing as how no UK court has taken up the case, I am guessing that the UK courts agree with the American courts in that he committed a crime in the US.

      So much for the presumption of innocence. I can see at least two reasons for UK courts not to act. See if you can guess them (I already gave you a bit of a clue).

      The only thing politicians should be doing is changing the law if the UK people don't like it, with the understanding that backing out of an extradition treaty provoke the same response from the US.

      It wouldn't make any difference - it's forbidden by the constitution, at least how it's commonly interpreted.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    8. Re:Really? Let's look at two examples! by Anonymous Coward · · Score: 0

      for all intensive purposes

      That begs the question of weather you actuarially no you're arse from you're elbow.

    9. Re:Really? Let's look at two examples! by chrb · · Score: 1

      (in order to be criminal, it has to include a profit motive, so using bittorent for personal use isn't going to land you in jail).

      The original poster claimed that copyright infringement was a civil issue (not criminal) in the context of extradition treaties. My point was that in many countries copyright infringement is a criminal issue. In the UK the Copyright, Designs and Patents Act 1988 states that "The making, dealing in or use of infringing copies is a criminal offence". There does not need to be a profit motive - making a copy (bittorrent download) or using a copy (watching that downloaded movie) is a criminal act. I would imagine that the law is probably the same in Australia.

      In the USA, criminal infringement must be willful and one of:

      (A) for purposes of commercial advantage or private financial gain;

      (B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or

      (C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

      Note that only (A) requires a profit motive. (B) would cover pretty much any bittorrenting if the prosecutor could establish that "one downloader"="one infringing copy", so the financial cost of works would be = cost of movie * number_of_downloaders.

      Conspiracy to commit copyright infringement is a criminal act if the conspiracy would reasonably be harmful to society.

      conspiracy: a secret agreement between two or more people to perform an unlawful act

      It could easily be argued that a bittorrent download constitutes a conspiracy between the downloaders to commit unlawful copyright infringement, which again would be a criminal act.

    10. Re:Really? Let's look at two examples! by kramerd · · Score: 1

      I, in fact, did read the original poster, and your response, to which I replied. The response that you posted to which I replied stated that copyright infringement is a criminal act (which I noted it generally is not) and that one person had been extradited for committing it (to which I pointed out that the extradition was for conspiracy, not infringement, and that it occurred because both governments involved agreed that extradition was the best way to capture a criminal). Your response had nothing to do with the UK or the US, and to claim a generalized statement was meant to mean something specific but completely different from the words posted and any meaning that could be derived is absurd.

      Despite this, I will refute your new points, that are not related to the prior post.

      Downloading is not distribution, nor is it for commercial purposes, and case law has shown that making available is not copyright infringement nor in and of itself, a criminal or civil act.

      As for your last sentence, I am going to have to repeat myself, because you seem to have ignored a large portion of my response.

      Conspiracy to commit copyright infringement is a criminal act if the conspiracy would reasonably be harmful to society. Conspiracy against a private organization could be seen as either civil or criminal, depending on the scope of the act. A blanket statement of criminal act when referring to copyright infringement is misleading at best, and fraudulent if done knowingly.

      What part of this do you not understand?

    11. Re:Really? Let's look at two examples! by chrb · · Score: 1

      Your response had nothing to do with the UK or the US

      The context of this Slashdot story is a British man being extradited from the UK to the US. The poster I was replying to was explicitly talking about the UK and US, and in fact used the acronyms UK or US eleven times in his post. Apparently, this was not enough to convey that the context of my statement may relate to the UK and US, and for this I humbly apologise.

      Downloading is not distribution

      The post that I replied to (and quoted) specifically mentioned bittorrent, not generic downloads. The bittorrent protocol is, by design, almost always one that also distributes.

  17. The principle of the matter. by rainmouse · · Score: 4, Interesting
    The principle of the matter is that it is a very unbalanced extradition treaty the UK has with the US. A fast track extradition policy that allows the USA to force the extradition of a British citizen without offering any evidence and also removes a British citizens right to even appeal this decision. This by the way is strictly a one way process as all US citizens are fully protected by the US constitution. Of course they even get to choose what state to extradite them to where they can take advantage of varying laws and sentencing. I believe this was an errata added in 2006 but don't quote me on that.

    This is what happened to the NatWest Three, a UK based offence against a UK bank. Of course they were extradited to Texas where it was felt they could hit them with more offences for longer sentencing and with an easier conviction (of course there is a huge tinfoil hat conspiracy regarding using these as fall guys in a forced plea bargain to cover up Bush administration involvement in the Enron scandal but that is an argument for another day)

    http://www.opsi.gov.uk/acts/acts2003/ukpga_20030041_en_1

    1. Re:The principle of the matter. by martin-boundary · · Score: 1

      Besides, there's an argument that extradition to the US would be against his human rights, since the US uses the death penalty.

    2. Re:The principle of the matter. by Mattskimo · · Score: 1

      I doubt that argument counts for much as none of the crimes he could reasonably be accused of carry the death penalty.

    3. Re:The principle of the matter. by Anonymous Coward · · Score: 0

      none of the crimes he could reasonably be accused of carry the death penalty.

      Terrorism? Seems to be a charge frivolously bandied around by the US a lot these days, ask anyone who has been in Guantanamo, or extraordinarily renditioned to Syria while transiting JFK en route home to Canada.

    4. Re:The principle of the matter. by Pharmboy · · Score: 3, Informative

      Terrorism? Seems to be a charge frivolously bandied around by the US a lot these days, ask anyone who has been in Guantanamo, or extraordinarily renditioned to Syria while transiting JFK en route home to Canada.

      That is a straw man argument. You can't be given the death penalty for simple terrorism in the US. Please show me where there has been a district attorney who has even TRIED to get a death penalty punishment for someone other than 1st degree murder. While I am against the death penalty, that doesn't change the fact that a DA can only ask for the death penalty under a very strict set of circumstances. Hacking isn't one of them. And it isn't optional.

      --
      Tequila: It's not just for breakfast anymore!
    5. Re:The principle of the matter. by Anonymous Coward · · Score: 0

      Yeah, we all know those guys in Guantanamo were frivolously charged. Ask anyone.

  18. Shrug by SmallFurryCreature · · Score: 1, Insightful

    It must be me, but I can never bring up to much sympathy for criminals.

    Oh, he had aspergers. Okay, fine with me. Lock him in an institution then since by his own admission, he cannot stop himself from breaking the law, therefor the change of it happening again are high indeed.

    Maybe it is just because every single criminal has an excuse and somehow their mental disability NEVER EVER has interfered with them before, nor should it after they are let go. Odd that eh? "Your Honor, I am insane so let me go, but I should not be locked up in an insane asylum because the moment I am out of here I am perfectly sane again." Somehow aspergers only seems to show up in people who are clearly a bit off but do not commit crimes or in people who commit crimes where nobody noticed it before or deemed it serious enough to take action.

    Facing the consequences of your actions. Must be an out of date concept. Quick find me a disease I can use to get out of it.

    And don't mod me down, asperges made me do it!

    And perhaps I am just fucking tired of parking my bike outside a busy supermarket and when I come back I find that someone had tried to steal it before noticing it is locked, with hundreds of people around but if you kick the shit of them you are the one going to jail. Frankly this guy gets on my nerves. He has two choices, go to jail and I hope he has the shit raped out of him or be treated as the mentally retarded person unable to be responsible for his actions he claims to be. You can't have it both ways. Either you are free with responsibilities or you are not. Pick one.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Shrug by Anonymous Coward · · Score: 0

      The issue here is that the US wants to lock him up for 50+ years for stealing a bike, when it should be more like 50 days.

    2. Re:Shrug by Anonymous Coward · · Score: 0

      Well yes, he's a criminal, but nobody's denying that. The point is that there's no readily apparent reason why he needs to be extradited to the US and hung out to dry, he can be prosecuted in the UK. Also, there's a suggestion that he's going to be hung out to dry disproportionately - presumably to give the impression of "doing something" after somebody failed to take basic security precautions.

      Much as it's hard to have sympathy with people who did the wrong thing, most of us also agree that some punishments are clearly disproportionate to the crime and that that makes them inappropriate regardless of the fact of guilt.

    3. Re:Shrug by Aceticon · · Score: 3, Insightful

      You're whole point is aimed at the wrong target: nobody says that he shouldn't be tried and convicted if found guilty - even he himself admits he's done it.

      The point that most people are making is that he should be tried (and convicted if found guilty) in the UK, not the US. There's plenty of reasons for that, the main one being that the penalties imposed by the US justice system for the kind of crime he commited are considered excessive and inhuman in the civilized world.

    4. Re:Shrug by nosferatu1001 · · Score: 4, Informative

      1) 50 years in PMITA prison is *not* commensurate to the crime
      2) The level of damages has been inflated to include *actions they should already have taken* in order to justify the extradition.
      3) He has ASKED to be tried in the UK, where the actual act AND intent were committed.

    5. Re:Shrug by Anonymous Coward · · Score: 2, Insightful

      What a nasty, narrow-minded little shit you are.

      McKinnon isn't using aspergers as an excuse for why he did it, or why he should be excused. He admitted to committing the crime and even gave his reason why he did it. Your entire rant misses the point of this case which is one of a ridiculously unjust punishment on a person who is mentally unstable. Unjust punishments are hard enough for even the sanest of individuals to deal with, but forcing someone with aspergers away from their home and family, potentially to spend the rest of their life in a foreign prison is vile.

      The so called "damage" he caused is a ridiculous estimation that would stretch the boundaries of farce were this a comedy - but unfortunately it's real; motivated by US administration butthurt over having it publicly revealed that their security is so simple as not to change default Windows passwords. Properly securing their network should have been something they paid for themselves, not something paid for in damages in the eventuality that someone will expose that weakness. No point buying a lock for this door, I'll just sue the next person who walks in without my permission and get them to pay for it.

      This is not about excuses, or him denying guilt, it's about cruel and unfair punishment, and how it's the job of a Government - like that in the UK, in which a liberal is the Deputy PM - to protect their citizens from.

    6. Re:Shrug by Anonymous Coward · · Score: 0

      the question is not about IF he should face consequences but where he should.

      no one's saying he shouldn't face trial.

      not sure if you're a British Citizen or not but if you don't understand the importance of being judged by a group of your peers (and Americans are not our peers) then you're the toss pot nicking of with my bike.

      law is a vehicle to justice, if you don't understand get out the driver seat and stop shouting from the back.

    7. Re:Shrug by Princeofcups · · Score: 1

      And don't mod me down, asperges made me do it

      And I'd like to see anyone who thinks that getting "the shit raped out of him" is acceptable punishment locked up and out of the society that I live in. These are the scary people that I'd like off the streets, thank you.

      --
      The only thing worse than a Democrat is a Republican.
    8. Re:Shrug by Knots · · Score: 1

      If certain countries can start saying "secure your Wi-Fi or get fined" to normal citizens, maybe governments should secure their own networks too, don't you think?

    9. Re:Shrug by stuckinarut · · Score: 2, Informative

      I'm not sure you have followed the facts of the case. He admitted his crime, was charged in the UK with those crimes and had bail terms set with curfew and zero access to computers or the internet. I'm sure he would have eventually gone to court and served whatever punishment was set by UK courts. Unfortunately whilst on bail the US Government decided to use a fast track extradition treaty deisgned to be used for terrorists to get him in court in the US. In order to scare him into not contesting the extradition hey had threatened to throw the book at him and jail him for 50 years. He is not using Asperger's as an excuse to proclaim his innocence of these crimes since he freely admits what he did. The real debate is how serious is the offence he comitted, where to punish him and what level of punishment his offence deserves? The actions of the US government don't seem proportional to his actions.

    10. Re:Shrug by hannson · · Score: 2, Insightful

      [...] perhaps I am just fucking tired of parking my bike outside a busy supermarket and when I come back I find that someone had tried to steal it before noticing it is locked [...] Frankly this guy gets on my nerves. He has two choices, go to jail and I hope he has the shit raped out of him or be treated as the mentally retarded person unable to be responsible for his actions

      Boo-fucking-hoo you sadistic fuck, quit your whining! The man is only asking to be tried and sentenced in the same country the crime was committed in. Why should the UK even extradite their citizens to a foreign country for a crime committed in UK? The definition of extradition says (emphasizes mine): returning a person who has committed a crime to the state or country where the crime was committed to stand trial and the crime wasn't committed in the USA, was it?

      Not to mention the fact that if he'd be extradited he'll probably end up in a hard-core federal pounding-in-the-ass prison for a whole lifetime where he's likely to commit suicide. All that for what? A fucking UFO nut-job whose only crime was unauthorized computer access, where he did no damage other than exposing some fatal security flaws?

    11. Re:Shrug by Anonymous Coward · · Score: 0

      Now I'm interested in anyone's explanation on why would someone have to face a legal process that's not of his country.
      First, They have to try hard to get them. After all he's in the "fast track" for 7 years. That's fast as a pact with the devil. The second thing is, you know damn well the agencies targeted who are hiding behind "state secrets" are salivating and drooling to get their hands on him and use him up the rest of the way.

      I'd welcome any other similar example too. Paying another country's taxes, electing another country's president (Ok, forget that last one if you're CIA).

      The electronic vote makes it so only a few control the vote. Not the public. The public's chain of custody was cut the moment the ballot became an electronic signal.

      The corporate media steers the whole show, with selective elimination in primaries to steering on issues which are the opposite of what they say guiding voters to make wrong decisions on real things that matter. None of it is in the public interest when a commercial station owns the public spectrum, A massive FCC original mission statement failure. And yet the damage is now done, even if the truth started coming out, there's too much noise from the original spark of the first Constitutional oath breaking termite which led to all this insanity.

      in a world of 0 and 1 . 1 has allowed existing constitutional termites to become a nightmare at the speed of light.
      Constitutional termites are exploiting electronics and physics, to get elected, to spy, to hide, to protect themselves. While they say conspiracy theory, the conspiracy fact is they are the bad guys not us. They use our cops against us when we protest, they use our cops against us when we try to count ballots.
      They use our cops against us for our monetary system.

    12. Re:Shrug by zwei2stein · · Score: 1

      Well, Fuck you. How'd it get insifgtfull anyway?

      > Facing the consequences of your actions. Must be an out of date concept. Quick find me a disease I can use to get out of it.

      This is all fine and dandy, but you should actually know what actions are and what consequences are.

      Action: Using default password on computer system, looking around and not doing anything harmfull with it. Freaking default password.

      Consequence: 50 years of prison.

      This simply does not add up. You do not need any disease/poor upbringing/whatever excuses to see this is wrong. It goes right to "cruel" of "cruel and unsusual".

      It is most certainly not worth turning taxpayer to back hole that consumes thoudands dollars a year from other taxpayers at very least.

      Got it? We are not talking about child rapist here. Hell, murder would net him better sentence. At very least your money will be wasted keeping him in costly prison for year for not real reason. There is not reason whatsoever that he should be put away for his whole life, but be embarassed pentagon.

      There are many things to be upset about in this case, but some mental health excuse is so small it is pointless

      --
      -- Technology for the sake of technology is as pathetic as eschewing technology because it's technology.
    13. Re:Shrug by Anonymous Coward · · Score: 0

      I hope you die painfully and slowly. You are a disgrace to this species and I am ashamed to share the planet with you.

    14. Re:Shrug by L4t3r4lu5 · · Score: 1

      You don't comment on proportionality of sentencing at all. In fact, you suggest you'd have a common thief put in jail and have "the shit raped out of him" for nothing more than trying to steal your bicycle. Either that or you shifted subject pretty quickly. I guess you voted for the guy who wanted mandatory prison sentences for drug offences; Possession and supply, without distinction. How's that working out for your current total prison population? Pretty low, I hear... Oh, wait, highest in the world per head of population. I guess you folks are just predisposed to committing crime; couldn't be that your system is broken.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    15. Re:Shrug by chrb · · Score: 1

      I hope he has the shit raped out of him

      +5 Insightful? Only on Slashdot...

      "The only sure defense against rape is the willingness to fight, and even this may be no protection against gang assault. In many prisons a small, unaggressive white is sure to be raped, probably by blacks or Hispanics. As one prison guard explains, a young white has “almost zero” chance of escaping rape “unless he’s willing to stick someone with a knife and fortunate enough to have one.” Some of the tougher inmates may even fight each other for the chance to rape an effeminate young white." link

      Have you never, ever committed a crime? Really? Because if you have, maybe you would like to reconsider your views.

      "I hate to say this, but if you weren't racist when you came to prison more than likely you will be when you leave."

      Sounds like a great way to rehabilitate criminals and build a better society. Not.

    16. Re:Shrug by Mattskimo · · Score: 1

      We look at places like Darfur and are horrified by the use of rape as a weapon against populations but when it is used as a threat, a disincentive to commit crimes that could lead to imprisonment, we laugh about it and consider it a good deterrent. On a side note I have been told that prison rape is nowhere near as common as one would think.

    17. Re:Shrug by Anonymous Coward · · Score: 0

      1) 50 years in PMITA prison is *not* commensurate to the crime

      Does he actually face 50 years realistically? The law may allow a maximum sentence of 50 years, because it covers a wide range of crimes from relatively minor to major. The plea bargain he turned down was for a couple of years (which would have been up by now).

      2) The level of damages has been inflated to include *actions they should already have taken* in order to justify the extradition.

      Then why was the extradition order issued? (hint - they did not use the accelerated extradition process and there have been endless appeals)

      3) He has ASKED to be tried in the UK, where the actual act AND intent were committed.

      The computer system that was accessed was in the US, and he deliberately targeted it knowing it was in the US. All of the key witnesses are in the US. It doesn't seem so unreasonable for the trial to take place in the US. After all, it wasn't the effect of his actions on his computer in the UK that was the problem - it was the effect on computers in the US.

    18. Re:Shrug by SharpFang · · Score: 1

      Oh, okay, send him to jail. For a couple of months, in UK, for hacking. Not for fucking 16 years in US for terrorism!

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    19. Re:Shrug by Anonymous Coward · · Score: 0

      I guess the main thing is to establish where the crime took place. I'm pretty certain that it took place on the computer at the Defense Department in the US. In that I agree with my government. Likewise if you hacked into my computer, I would prosecute you under the bizarro laws of Louisiana (where my computer is current at). You damaged *me* at *my* location. It is all about where the damage was done, not where it was done from.

      Because the guy is not currently physically in the US, but in the UK, the US has requested that the guy be sent over to be tried. This adds a whole international relations angle - governments are there to protect their own citizens. And there may be a legitimate question about the actual extent of the damages done (but that is what the trial is to decide). Since the UK and US are on good terms (the "special relationship" you always hear about) I would expect the guy to be extradited.

      There is another question about how just the law is: does the punishment fit the (alleged) crime. In this case I don't think it is relevant. It is like people who are upset about the Singapore's use of capitol punishment for marijuana laws: don't go there to smoke dope. Or similarly how I would not post pro-Nazi propaganda on a German computer: they don't have freedom of speech about everything. Or the UK liable laws which are regularly abused. All of those previous laws are (IMHO) unjust, but there are established frameworks for enacting change.

      There hasn't even been a trial yet. He may still be found not guilty.

      LD;DR: what is the big deal?

    20. Re:Shrug by Anonymous Coward · · Score: 0

      The crime was committed in the US because:
      1) (very little) information was copied/removed (from computer systems located) in the US
      2) (very little) information was changed (on a computer system located) in the US
      3) (significant financial) costs (or damages) were incurred because of 1 and 2 to people located in the US

      Because the damage was done in the US, the trial should be held in the US. It is kind of like speeding. You speed through Podunksville, and if you want to protest it you have to go to traffic court in Podunksville (not your hometown court). You also have to pay the outrageous fines that Podunksville assesses on speeders, not your local $5 tickets.

      Anyways, holding the trial in the UK operates under the assumption that the guy did it. Holding the trial in the US does that much less.

    21. Re:Shrug by Anonymous Coward · · Score: 0

      Where is PMITA prison?

    22. Re:Shrug by Hognoxious · · Score: 1

      asperges made me do it!

      The only thing asperges make me do is strange-smelling piss.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    23. Re:Shrug by Hognoxious · · Score: 1

      Anyways, holding the trial in the UK operates under the assumption that the guy did it. Holding the trial in the US does that much less.

      Care to explain that, genius? Is it something to do with that old woman with the gold hat?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    24. Re:Shrug by gknoy · · Score: 2, Informative

      "PMITA" stands for "pound me in the ass" -- a tasteless gallows-humor joke about the prevalence of rape in the US prison systems. (I first heard the phrase in the movie Office Space.) Many of us Americans fear that, were we to go to prison, we'd be raped. I have no idea how rational this fear is, but it's very prevalent. Pretty much anyone in the US that you talk to about prisons will have the idea that if you go to prison, someone will be getting raped.

      It's despicable, reprehensive, and barbaric. I wish it were not something we felt we had to joke about (ha ha only serious). Perhaps people would be more willing to go to prison for a few months or a year (rather than stacking appeals until they're out of money) if they knew they'd be safe from being raped.

    25. Re:Shrug by shutdown+-p+now · · Score: 1

      There's plenty of reasons for that, the main one being that the penalties imposed by the US justice system for the kind of crime he commited are considered excessive and inhuman in the civilized world.

      Actually, I think that the main reason is that the idea that "doing things on the Internet" somehow puts you under the jurisdiction of all countries in which endpoints of your connections are located is very scary, if you consider all its implications. If you access (including, but not necessarily limited to, hacking) a website in Venezuela, Zimbabwe, or Iraq should the laws of those countries apply to you with respect to everything you do on that website? If not, why not (and do keep in mind that e.g. US has extradition treaties with all three countries!), and why should it apply to some countries, but not the others - and who decides?

    26. Re:Shrug by fulldecent · · Score: 1

      Please excuse my comment here as I am only using it as a placeholder to fill in for Slashdot's lack of a "star this comment" feature.

      Also, I am usurping mod rights to mark this as the worst comment on Slashdot ever.

      --

      -- I was raised on the command line, bitch

    27. Re:Shrug by jvkjvk · · Score: 1

      So.

      I hope that you never ever break ANY laws in your life. Ever.

      Or:

      I hope YOU has the shit raped out of YOU or be treated as the mentally retarded person unable to be responsible for his actions he claims to be. You can't have it both ways. Either you are free with responsibilities or you are not. Pick one.

      Regards.

    28. Re:Shrug by Anonymous Coward · · Score: 0

      Barbaric, yes. Also true:

      http://en.wikipedia.org/wiki/Prison_rape

      Congress itself estimated that of 2,000,000 Americans incarcerated in 2001, 200,000 had likely been sexually assaulted while in prison. They further state that only a minority of actual assaults are ever reported.

      So basically if you go to prison in the US, you have > 1% chance of getting PITA.

    29. Re:Shrug by drinkypoo · · Score: 1

      3) He has ASKED to be tried in the UK, where the actual act AND intent were committed.

      The act was committed on a U.S. computer on U.S. soil. There are two logical ways to treat this: either as a criminal act by a UK citizen on US soil, or as an act of war by the UK for allowing one of their citizens to attack a resource of the US government. Which of those makes more sense to you? You might argue false dichotomy, but this was an attack (however trivial) by a UK citizen against a resource of the US government.

      Obviously this is not worth going to war over. But it is appropriate for the citizen to be extradited to the US under the existing treaty. I wouldn't embezzle a bunch of money in the US and then flee to a country with extradition to same; it's fucking stupid to commit a crime against a country (And it was against the country! It's a government computer!) which has such easy extradition from yours. I say throw the book at him, and then drop the library on him. These things are illegal for good reason. His claim that he was only after alien information is irrelevant as it cannot be proven.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    30. Re:Shrug by Ihlosi · · Score: 1
      The act was committed on a U.S. computer on U.S. soil.

      Irrelevant. The guy broke UK laws and is now in UK custody. It's the UKs fscking job to make sure their laws are followed.

      There are two logical ways to treat this: either as a criminal act by a UK citizen on US soil, or as an act of war by the UK for allowing one of their citizens to attack a resource of the US government.

      Holy false dichotomy, Batman.

      You might argue false dichotomy, but this was an attack (however trivial) by a UK citizen against a resource of the US government.

      Hacking (as in "accessing without the owners permission") into computers is illegal in the UK. It doesn't matter where the computer is or who it belongs to - it only matters that you're in the UK while you do it. Why they would even consider handing this guy off to anyone else without trying him for his crime first is beyond me.

    31. Re:Shrug by gknoy · · Score: 1

      A 1% chance to have your live irrevocably ruined is too much, I believe. Even criminals (IMO) deserve better than that.

  19. Time is not definitive, fact checker asleep by Anonymous Coward · · Score: 0

    Helena Bachmann / Geneva
    is just parroting Overseas American Week,
    and her fact checker fell asleep

  20. hackingis very interesting concept by vaporkinginc · · Score: 0, Troll

    hacking how to make it really is very interesting.

  21. My take on this as an American by FreeUser · · Score: 5, Insightful

    What is the difference between hacking the Pentagon because you believe in aliens and hacking the Pentagon because you believe in Allah?

    Everything.

    While the mechanics of cracking system security may be the same, what you intend to do with the information you uncover, and your broader intentions against the US (if any) are very different.

    In the case of Aliens, you're not exactly looking to fly planes into buildings, blow up cars in Times Square, or behead journalists. In the case of Allah, these intentions have already been demonstrated rather unequivocally in the real world, so extrapolating threats based on variations of past performance is not unreasonable, nor likely to yield broadly inaccurate predictions. Until flying-saucer nuts start threatening non-believers with death and mayhem, I'll tend to treat them as harmless eccentrics rather than potential terrorists, even when they cross the line and stupidly try to break into military computers.

    There's absolutely no reason for the US to go after this guy--he's got a mental disorder, has already been severely chastened for his actions, is clearly not a threat to the US (or anyone else), and isn't likely to survive the so-called 'justice' America has in store for him.

    --
    The Future of Human Evolution: Autonomy
    1. Re:My take on this as an American by Blakey+Rat · · Score: 1

      Or maybe he is a terrorist and just a good actor, pretending to be a UFO nut. We have these things called "trials" for purposes like these.

    2. Re:My take on this as an American by dbIII · · Score: 1

      A trial? Not for him yet. Remember he gets extradited without one. Normally there would have been one but the rules have changed. Instead a year or two after extradition he'll eventually go to court under a different legal system in a place where he has no rights as a citizen and has the resources of the state opposing him.
      Think of it the same way you would if a court in Venezuela wanted to extradite you for a crime considered minor in the USA and there was no legal proceedings you could take in the USA to prevent it no matter how good or bad a case you have.
      This guy has nobody he can make a case to before he is shipped off and imprisoned. He has no defence, not even a judge or magistrate to talk to, it's prosecution with no check and balance anywhere.

    3. Re:My take on this as an American by Anonymous Coward · · Score: 0

      what you intend to do with the information you uncover, and your broader intentions against the US (if any) are very different.

      Yeah, I mean, if a guy says he was looking for proof of UFOs, then clearly we should believe him and just send him on his way. Forget about whatever other information he may have gotten. And he definitely isn't lying about his intentions, because that's bad and people are not supposed to lie.

      is clearly not a threat to the US (or anyone else)

      No harm, no foul right? Hacking into the Pentagon is okay as long as he was just looking for aliens. Surely he wouldn't share his exploiting techniques with any unscrupulous persons, right?

      Right?

      What is the difference between hacking the Pentagon because you believe in aliens and hacking the Pentagon because you believe in Allah?

      Nothing.

  22. If his bank account was hacked by Anonymous Coward · · Score: 0

    If his bank account was hacked, the hacker wouldn't be facing terrorist charges and extradition without evidence. If his bank account was hacked because the bank didn't secure it, then the bank would be at fault and would have to pay up (including punishment fines).

  23. professional medical opinions stink by Anonymous Coward · · Score: 0

    "professional medical opinion is that he will fulfil his stated intention to commit suicide if extradited to the US for trial"

    In a way I would like him to be extradited just so that you have to eat your words. Most people who threaten suicide are bluffing. Those who intend it, get on and do it. It's not difficult to find a doctor who, knowing that nobody can prove them wrong, will be happy to say that the subject is suicidal, in the belief that they are assisting in a righteous cause.

    And please don't go on about Aspergers Syndrome, or any other syndrome for that matter. If someone has a syndrome which makes it more likely that they will commit a crime then that is still more reason why I would want them off the streets. It shouldn't be a get-out-of-jail-free card.

    For what it is worth I hope he is not extradited, but please spare me the bullshit.

  24. Define "unauthorized access" by mangu · · Score: 1

    it's against the law to gain unauthorized access to a computer system

    One definition of being authorized is that you have the correct passwords and those passwords were obtained legally. If the system had the default Windows passwords it's reasonable to assume they were left there for anyone who knew those passwords to access.

    If you don't have a fence you can yell "Get off my lawn!!!" at me, but you cannot arrest me for trespassing.

    1. Re:Define "unauthorized access" by Bing+Tsher+E · · Score: 1

      If you don't have a fence you can yell "Get off my lawn!!!" at me, but you cannot arrest me for trespassing.

      No, you do not need to have a fence to enforce trespassing rules on your property.

    2. Re:Define "unauthorized access" by Anonymous Coward · · Score: 0

      No, you do not need to have a fence to enforce trespassing rules on your property.

      But you do need to make the visitors understand they are unwelcome before it becomes trespass.

      You can do this by erecting a fence, or by asking them to leave..

    3. Re:Define "unauthorized access" by Quikah · · Score: 1

      Argg, there is no such thing as a default windows password.

      --
      Q.
  25. God you're dim by Anonymous Coward · · Score: 0

    The fact he used a 56k modem, was constantly high or hacked windows boxes with blank passwords... is irrelevant.
    The US does not want to hang him.
    The car analogy doesn't fit.
    You also quote McKinnon's claim that he was searching for information about spaceships. I have heard him interviewed. He doesn't sound stupid (unlike you). I dare say he is aware that if he acknowledged searching for anything else it wouldn't do his case any good. It is in his interest to claim that he was doing something loony.

    I don't want him extradited. Just thought your arguments were daft.

    1. Re:God you're dim by carp3_noct3m · · Score: 1

      The fact he used a 56k modem seemed interesting, this is /. after all, ya know, news for nerds. The US obviously does want to hang him (also obvious, that I don't mean literally) because the kind of trouble they have to go through to try to extradite someone like this is not slight in the least, it seems to be more of a political move to intimidate our brothers across the pond by setting precedent, "Hack our computers, and get to spend 50 years in a US jail!" Car analogy does fit, but if you disagree, can you explain how it does not? Even if you were to change the whole "replicate the ipod" bit with "steal the ipod", doesnt extradition and the proposed punishment seem out of proportion? Also, I actually googled to find the interview with him where he says exactly what I stated, though he also says specifically he doesn't think it means there are little green men, just that we have a secret space program. Though, I did'nt follow the source of the interview and therefore it could be a bad one, so that point is up for grabs. So, besides you calling me stupid, (which I often, against my own best intentions, often am), where do your arguments stand now?

      --
      "It's ok, I'm completely secure as long as my iron is off"
  26. How much is this process costing? by mangu · · Score: 1

    Essentially, in order for the extradition to work, the US have to state damages above a certain level. Gary's team contest that the $700k damages alleged were simply concocted to meet this level.

    Given that Gary hacked into computers that just had the default windows password set - and that the damage was calculated by figuring the cost to audit and fix this breach, there is at least an argument that this should have been done anyway, and isn't damage caused by Gary.

    Not only that, but this whole extradition process must cost a lot. Both the American prosecutors and the British who must analyze the case have more important things to worry about.

  27. Sit in London, hire assassin over the phone in NY? by evilandi · · Score: 2, Insightful

    I'm interested in anyone's explanation on why would someone have to face a legal process that's not of his country.

    Because he committed the crime abroad. Where he was sitting when he commanded the crime to happen isn't relevant, so long as it has an extradition treaty. If you sat in London and hired an assassin over the phone to kill someone in New York, you'd be accessory to murder in New York, not in London.

    Gary's a fully-functioning adult with a girlfriend and common sense. His only mental questionability is that he was overconfident; result: he got caught. He's guilty as sin. Extradite the daft bugger and be done with it. It's not like he's facing the death penalty.

    --
    Andrew Oakley - www.aoakley.com
  28. Missing information by Anonymous Coward · · Score: 0

    Before I gave my opinion: I would like to know, is this guy being prosecuted in the UK? What sentance was imposed? Look for UFOs??? That just doesnt ring true.. Or is the USA the only country with an "area 51"...

    1. Re:Missing information by RMH101 · · Score: 1

      for fuck's sake

  29. Jim Hacker? by daveewart · · Score: 1

    Seeing 'Hacker' in the same sentence as 'UK' and 'Government' made me think this story was about http://en.wikipedia.org/wiki/Jim_Hacker

    --
    "If you think the problem is bad now, just wait until we've solved it." --- Arthur Kasspe
  30. But it's not two way! by Bozovision · · Score: 0, Troll

    US citizens have been guilty of murder in Iraq and Afghanistan, and yet we do not see them on trial there. Why not?

    The lesson I take from this is that it's not a rule that a crime is tried in the place in which it was committed.

    1. Re:But it's not two way! by Bozovision · · Score: 1

      I seriously object to my comments being marked as troll! This was not trolling. It's a serious point. It's hardly reasonable to say that there's one rule if it happens in the US, and another for everywhere else. Yes, I know that there were/are wars in both places, but there _have_ been deaths that were murder rather than battlefield deaths, and US citizens have not been held to account in courts of the countries where the actions took place.

      http://www.huffingtonpost.com/2010/04/05/wikileaks-exposes-video-o_n_525569.html
      http://edition.cnn.com/2009/WORLD/meast/05/12/iraq.soldiers.killed/
      http://www.nytimes.com/2010/01/08/world/asia/08blackwater.html

      Which is to say that there is no absolute rule that a person should be tried in the jurisdiction of the place under which the action had effect.

  31. "Pentagon Hacker" by Gi0 · · Score: 1

    ..stop calling him that.Pentagon remote-admin-password-guesser sounds better.

    --
    There's no patch for stupidity
  32. Hideously white by Hognoxious · · Score: 1

    All he needs to do is rub a bit of boot polish on his face.

    Here's another case of a guy who was extradited based on clearly fabricated evidence. Alan Johnson should be dangling from a lamp-post.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    1. Re:Hideously white by Anonymous Coward · · Score: 0

      All he needs to do is rub a bit of boot polish on his face.

      Used to be a capital offence in Britain (until about 1830). It's amazing what you can get away with nowadays. ;)

  33. The act is not criminal unless it costs 5grand by Anonymous Coward · · Score: 0

    The act is not criminal unless it costs 5grand. Guess what the cost of each count against McKinnon is: 5 grand. Less than 5 grand and it's not a criminal matter and McKinnon can't get extradited through the fast track.

  34. Re:Sit in London, hire assassin over the phone in by realxmp · · Score: 1

    If you sat in London and hired an assassin over the phone to kill someone in New York, you'd be accessory to murder in New York, not in London.

    Whilst the American DA might want to extradite he or she might waive it in favour of a British prosecution because quite frankly it's cheaper and departmental budgets don't always stretch to extraditions well. Also it would be the British police investigating it from this end and also they'd be the ones who have the evidence file. It's far easier to prosecute someone with evidence gathered under the corresponding legal system. It would also be more likely if the witnesses to the fact you solicited the murder were British (it's difficult to subpoena someone in another country).

  35. Camilla Broe by brucmack · · Score: 1

    An interesting sidenote to this discussion is the Camilla Broe case (the Wikipedia article is poorly written but gives a good overview). In her case it was a drug-related crime, but the circumstances were similar to this one - there was no real question of her guilt, just the fact that the penalties for the crime are much harsher in the US than they are in Denmark. It ended up being a pretty embarassing case, since the Americans ended up dropping the charges on statute of limitations grounds, so the whole affair was completely needless.

  36. July 4, 1776 by Anonymous Coward · · Score: 0

    July 4th 1776 was a SAD day!!

  37. Re:Sit in London, hire assassin over the phone in by Ihlosi · · Score: 2, Insightful
    Because he committed the crime abroad. Where he was sitting when he commanded the crime to happen isn't relevant,

    The physical location of the perpetrator at the time he or she commited the criminal act defines the crime scene, at least in any sane jurisdiction. Otherwise, you'd have extradition requests from Thailand and a host of other places with lese majeste laws for things people in other countries wrote on their web pages.

    A countries penal laws can have provisions for applying in other cases, but those are exceptions to the rule. If a country has arrested someone who committed a crime while he was physically present in said country, then it's that countries f***ing job to put that someone on trial.

  38. Re:Sit in London, hire assassin over the phone in by evilandi · · Score: 1

    The physical location of the perpetrator at the time he or she commited the criminal act defines the crime scene

    Are you seriously telling me that the place where the dead body fell to the ground, isn't the crime scene?

    --
    Andrew Oakley - www.aoakley.com
  39. Re:Sit in London, hire assassin over the phone in by evilandi · · Score: 1

    Otherwise, you'd have extradition requests from Thailand and a host of other places with lese majeste laws for things people in other countries wrote on their web pages.

    That would be why I wrote "so long as it has an extradition treaty". The UK & US probably don't have an extradition treaty with Thailand for stuff people wrote on their web pages. The UK & US probably do have one with Thailand for murder, with conditions such as no torture, no corporal punishment, and in the UK's case, no death penalty.

    The UK has an extradition treaty with the US for hacking NATO computer systems. He hacked a NATO computer system. He's getting extradited. What's the controversy here?

    --
    Andrew Oakley - www.aoakley.com
  40. Justice by Anonymous Coward · · Score: 0

    ... according to MLKJ, is about using power to implement the demands of love. If the institutions of the USA were about anything more than maintaining and proving our ability to dominate or destroy anyone who gets in the way, the response would have been: "This is a criminal act, and we *could* completely ruin your life. But we understand you've got some mental problems, so we'd like to invest some of the resources we would have spent into destroying you into helping you deal with your problems. Don't do it again."

    As it stands, I just wish I could effectively insist that these people have no business stealing my money (taxes) and claiming that their existence is somehow of benefit to anyone.

    (Tip to the terrorized: If you can't go into a bar without your friend starting fights for you, he's not your friend.)

  41. Re:Sit in London, hire assassin over the phone in by Ihlosi · · Score: 1
    The UK has an extradition treaty with the US for hacking NATO computer systems. He hacked a NATO computer system. He's getting extradited. What's the controversy here?

    The UK arrested some guy who allegedly committed an act that's considered criminal by UK laws while being physically present in the UK while committing said act. Why are they even thinking about extraditing him anywhere? It's the UKs job to put the guy on trial and lock him up/fine him if he's found guilty.

    The fact that they haven't done so for seven years is simply mind-boggling.

  42. He will just be picked up in another country by kernelcache · · Score: 1

    Gary is fine as long as he doesn't leave his own country. Once he sets foot outside of their jurisdiction he falls under a different jurisdiction. My guess: he will not leave his own country.

    1. Re:He will just be picked up in another country by Schmorgluck · · Score: 1

      Once the US agencies stop being dicks and let British courts do their job, he won't have to worry about that.

      --
      There's nothing like $HOME
  43. Re:Sit in London, hire assassin over the phone in by Schmorgluck · · Score: 1

    The fact that they haven't done so for seven years is simply mind-boggling.

    USA's demands block the procedure.

    --
    There's nothing like $HOME
  44. Cracking != Hacking by Anonymous Coward · · Score: 0

    When are journalists going to learn that cracking != hacking? Is it because "hacking" it too cool of a word to give up, even if it's misapplied?

    1. Re:Cracking != Hacking by 91degrees · · Score: 1

      How is it misapplied? Hacking has been used for the act of breaking into computers for as long as I can remember, by all sorts of people, including security professionals.

      In fact it seems to be a fancy from just a handful of geeks that these people are referred to as Crackers. I've heard security professionals use the term hacker.

      Given that the language is defined by usage, and not by RFC 1392, I'm afraid you just have to accept that the word has come to mean something else. It happens.

  45. eyes closed head down by czarangelus · · Score: 0

    Of course, that this hacker found evidence of non-terrestrial intelligence is the biggest non-story of the century. We should all be discussing extradition treaties and the conditions of US prisons and not anything having to do with NASA coverup of UFOs. I acknowledge that in this case the evidence is a little sketchy, but it fits into the testimonies of hundreds and hundreds of ex-government employees talking about their connection to the UFO enigma. Whether or not aliens exist is obviously the least important story in human history, especially when compared to whether the Mars rovers have found microbe fossils.

    If you close your eyes, plug your ears, and yell La la la! loud enough, maybe all the evidence for non-terrestrial intelligence will go away.

    --
    When a true genius appears, you can know him by this sign: that all the dunces are in a confederacy against him.
  46. Re:Give me a break by Ihlosi · · Score: 2, Informative
    Now, let me ask you this: if I was in the UK, and shot a missile at the U.S., should I still be tried in the UK? Based on your arguments, the answer is yes.

    Quite naturally. The UK does have laws against such things.

    You send the criminals to the other country to be tried and sentenced in order to send a message to the other government that, "Even though this person committed a crime against you, it was not supported by our government and we bear you no ill will."

    And prosecuting and putting said person in prison will not do that? I'm not following here. Usually, prosecuting someone and locking them away is a standard way of a government saying "We don't approve of what you did.".

    There is some sort of group-think amongst slashdot readers that computer crimes are not crimes at all and should readily be forgiven.

    No, but they guy's been in jail for a couple of years now without trial, for something that he could easily be prosecuted for in the UK.

    I am saying that he is hardly innocent, and that, at the very least, the UK should give him a token jail sentence as a gesture of good will towards the U.S.

    He's been locked up for a couple of frickin' years now. If they put him on trial today and give hime a "token" jail sentence, he'll be out tomorrow for time already served.

  47. The default windows password is no password by Anonymous Coward · · Score: 0

    The default windows password is no password. Aaargh yourself.
    Oh, and for the AC below, you do not have to have a fence, but you cannot prosecute trespassers even if you DO have a fence. If they are partway over your land, you can ask them to leave, BUT they can leave by the shortest route to the nearest public highway. As long as no damage is done (that would need fixing), you have NO RECOURSE to a walker on your land.

  48. "Where the body falls..." by westlake · · Score: 1

    The deed should be judged based on the laws of the country where I was when I committed the deed. Even if the target is in another country.

    The bomb is planted in Times Square, New York.

    You trigger it from a cell phone in London.

    Who has jurisdiction on the charge of murder?

    The answer has to be the state of New York - otherwise you could potentially escape prosecution for any crime committed by remote control from the high seas or across a state or international border.

     

    1. Re:"Where the body falls..." by Ihlosi · · Score: 1
      Who has jurisdiction on the charge of murder?

      Depends on who arrests you first. The answer has to be the state of New York

      No it doesn't have to. The penal code of a country can easily specify that it does have jurisdiction if the suspect committed the crime from a place where it is not illegal or where no jurisdiction applies. In fact, such questions should be answered at the very beginning of a penal code, else the whole thing is kind of pointless.

      German penal code, for example, specifies the place where a crime took place as the place where the perpetrator was when he commited the criminal act. Any crime commited by someone physically located in Germany at the time when the crime was committed falls under German jurisdiction. It also claims jurisdiction over any crime committed against a German citizen anywhere in the world if the action is also considered a crime there or if no other penal code applies there (that's the part about international waters and such).

  49. Re:Sit in London, hire assassin over the phone in by AnfieldSierra · · Score: 1

    Are you seriously telling me that the place where the dead body fell to the ground, isn't the crime scene?

    YES! 1000 times Yes. If I murder someone in London and drop the dead body in New York, where do you think the crime scene is ?
    (Hint: It's not New York.)

  50. Own It by Mana+Mana · · Score: 1

    >>>
    In the US, he faces fifty years in your oh so popular Federal PMITA prison system.
    >>>

    How 'bout, "Don't do the crime if you can't do the time." Or were there Delta ninjas forcing him to do so at gun point. Man up! Pussy down.

  51. Extradition treaty by dugeen · · Score: 1

    The treaty in question is ridiculously biased - it was brought in by Tony Blair at the height of the Bush fellatio period. British subjects can be extradited to the US for torture on the unsupported word of the US terror police - needless to say there is no reciprocal arrangement!

  52. Extradition illegal under UK law by Muchsake · · Score: 1

    It is against UK human rights law to extradite people to countries that practice torture and imprisonment without trial. So until Gitmo is shut down he will never actually get to the plane due to last minute injunctions.

  53. Re:Sit in London, hire assassin over the phone in by Anonymous Coward · · Score: 0

    The fact that he believes in aliens visiting Earth and thought it was a good idea to hack into Pentagon computers is a solid argument against him having common sense. And him having a girlfriend is in no way relevant to him being a fully functioning adult, boys often have girlfriends even when they are considered to be children, and almost anybody could find themselves a girlfriend should they set their standards sufficiently low.

  54. Aliens Vs Allah by Anonymous Coward · · Score: 0

    Now, now, you all should know that extremist religious zealots don't believe in computer science...