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Obama Won't Intervene Over British Hacker McKinnon

CWmike writes "President Barack Obama said on Tuesday that he can't intervene in the long-running case of a British hacker charged with breaking into US military computers. Gary McKinnon's case came up during discussions with British Prime Minister David Cameron in Washington. The UK Home Office is reviewing whether McKinnon's medical condition is grounds to block his extradition to the US, which was approved in 2006. McKinnon has yet to stand trial in the US, where he was indicted by the US District Court for the Eastern District of Virginia in 2002 for hacking into 97 military and NASA computers between February 2001 and March 2002. Obama said during a press conference with Cameron that by tradition US presidents do not get involved in extraditions or prosecutions. 'I trust that this will get resolved in a way that underscores the seriousness of the issue, but also underscores the fact that we work together and we can find an appropriate solution,' Obama said."

29 of 268 comments (clear)

  1. Asperger's by bonch · · Score: 5, Insightful

    Citing Asperger's as a medical condition to prevent extradition is silly. Being socially deficient doesn't make you incapable of determining right and wrong, if in fact he really has the condition at all considering the ridiculous amount of self-diagnosis out there. Genuine Asperger's is a form of autism and deeply impacts your life. The guy left a threat on one of the computers promising future hacks--he knew what he was doing.

    This is starting to sound like another "Free Mitnick" movement, where people support a guy who legitimately deserves legal punishment just to make themselves feel compassionate.

    1. Re:Asperger's by Shadow+Wrought · · Score: 3, Insightful

      Being socially deficient doesn't make you incapable of determining right and wrong,

      Exactly. If he had robbed a bank no one would be rallying to his cause. He is accused of a crime and should stand trial for it.

      --
      If brevity is the soul of wit, then how does one explain Twitter?
    2. Re:Asperger's by Anonymous Coward · · Score: 5, Interesting

      You're mixing it up. Free Mitnick was about the 3 years of no due process. It didn't matter if he was guilty or not at that point--the law states that a lack of due process means you go free. The gov't didn't do that, but should have, hence the outcry of support.

    3. Re:Asperger's by KingSkippus · · Score: 5, Insightful

      This is starting to sound like another "Free Mitnick" movement, where people support a guy who legitimately deserves legal punishment just to make themselves feel compassionate.

      I don't think there's much argument over whether the guy should be punished. The argument is over how severely he should be punished, given that he 1) didn't cause any damage, 2) wasn't acting out of malice, and 3) was at least accomplish what he did in large part due to the incompetence of those who are, in theory, supposed to be competent in protecting themselves from such attacks.

      What people are worried about is that he is going to have the book thrown at him not because of the merits of what his actions deserve, but because he caused a national embarrassment and those who prosecuted him want to use him as an example, a deterrence to others.

      Plus, there's a legitimate question of jurisdiction. If I commit a crime at point A against someone at point B that is thousands of miles away, who gets to decide what the punishment is? The legal system at point A, where the crime was actually being committed, or the legal system at point B, where the target or victim of the crime is located? When dealing with the U.S., there's a general impression that it's always in the U.S. regardless of who did what where, and to be honest, there's a pretty good foundation for that impression. Cases like this don't help.

      In this sense, I do not blame the British people for not wanting American "justice" slamming down on one of their own citizens. If I were British, I'd be fighting tooth and nail against this extradition, too. Not so much because I care for this particular individual, but because I wouldn't want to be extradited because I supposedly committed a crime in some other country from the comfort of the living room of my suburban castle thousands of miles away.

    4. Re:Asperger's by sortia · · Score: 4, Insightful

      I do not think anybody id disputing that? It's the inflated costs of the damage to obtain the extradition order that is the issue.

    5. Re:Asperger's by stagg · · Score: 3, Insightful

      Being socially deficient doesn't make you incapable of determining right and wrong,

      ...that's reserved for lawyers and elected politicians.

    6. Re:Asperger's by harryjohnston · · Score: 5, Insightful

      Of course he should stand trial. In the UK.

    7. Re:Asperger's by Anonymous Coward · · Score: 5, Interesting

      Citing Asperger's as a medical condition to prevent extradition is silly. Being socially deficient doesn't make you incapable of determining right and wrong, if in fact he really has the condition at all considering the ridiculous amount of self-diagnosis out there. Genuine Asperger's is a form of autism and deeply impacts your life.

      As someone who works very closely with children diagnosed with Asperger's syndrome, I can tell you that some of them are very incapable of determining right from wrong. Some of them are extremely violent, and will threaten to stab or kill the other children (these are kids in kindergarten, grade 1, grade 2). They don't understand why it is not acceptable to say and do these things.

      I'm not saying that McKinnon should get away with what he did, because he shouldn't. But saying that his illness should not be taken into account is absurd and inhumane.

    8. Re:Asperger's by Albanach · · Score: 3, Informative

      Plus, there's a legitimate question of jurisdiction. If I commit a crime at point A against someone at point B that is thousands of miles away, who gets to decide what the punishment is? The legal system at point A, where the crime was actually being committed, or the legal system at point B, where the target or victim of the crime is located? When dealing with the U.S., there's a general impression that it's always in the U.S. regardless of who did what where, and to be honest, there's a pretty good foundation for that impression. Cases like this don't help.

      Indeed, it's interesting that this is posted on the same day as the the Senate unanimously decides to prohibit libel tourism. The idea there was presumably that if you do something in one country, you act under that country's legal jurisdiction. Extradition would make sense if he could only be prosecuted in the US, however what he did is an offense under the UK's Computer Misuse Act and he could be appropriately punished under UK law. The only reason to demand an extradition was to inflict a much harsher punishment than the UK courts would be likely to hand down (probably less than the maximum five years).

    9. Re:Asperger's by MoonBuggy · · Score: 5, Insightful

      To quote myself from when this discussion came up earlier:

      For the sake of argument, let's say that we all agree that the crime occurred on US soil (and even that is by no means a unanimous opinion). The UK will only allow the extradition of they believe that he will receive a fair trial and (if found guilty) a reasonable punishment for the crimes he has been accused of.

      This is a man with some psychological problems who appears to have made a very very stupid decision by breaking in to some poorly secured US government computers. There was little actual harm done. The consensus seems to be that in the UK he would receive a slap on the wrist, maybe some psychiatric treatment, perhaps some limitations on his future access to computers. At the time he faced a maximum of six months in a UK prison.

      The US are calling him a terrorist, and lining him up for the distinct possibility of several decades, maybe even life, in a federal prison.

      Do you believe he would get off lightly if extradited to the US, or do you think he would be made an example of? If the former, why? If the latter, do you think it is still fair to extradite him?

    10. Re:Asperger's by Zantac69 · · Score: 3, Interesting

      Indeed, it's interesting that this is posted on the same day as the the Senate unanimously decides to prohibit libel tourism. The idea there was presumably that if you do something in one country, you act under that country's legal jurisdiction. Extradition would make sense if he could only be prosecuted in the US, however what he did is an offense under the UK's Computer Misuse Act and he could be appropriately punished under UK law. The only reason to demand an extradition was to inflict a much harsher punishment than the UK courts would be likely to hand down (probably less than the maximum five years).

      Apples and turnips.

      The idea under the libel tourism bit is to protect free speech in the America. This is a hacking case. The hacking activity is a crime in both places - and the crime itself took place in both palces. Computer Misuse was violated in UK. Hacking was committed inside the UK, but the target was in US jurisdiction.

      From my POV, he should be prosecuted in UK under the terms of Computer Misuse Act and be appropriately punished (if found guilty) under UK law. Also, he should be he should be tried under US law for his crimes committed in US jurisdiction.

      The dollar figure is BS - its not like he did damage to the hardware, programs, or data. But he did hack the system...and should be punished.

      And regarding the Asperger's crap - that is not an excuse.

      --
      1331461 is only semiprime *sigh* Alas - I am just short of 1337.
    11. Re:Asperger's by Monkeedude1212 · · Score: 3, Informative

      Than you don't understand how Extradition really works.

      There is a reason there are Extradition treaties. Murder may be illegal in many countries but we generally still extradite them back to where the crime was committed to properly serve justice at a sentence deemed appropriate by those affected. (We'll also make note that there is no extradition treaty to Saudi Arabia, because their laws vary so much).

      The ambiguity falls on where this crime was comitted, the individual was not in the States, but the information he was accessing was. The victims of the crimes are in the States and thats why it should be held there. (As there is no victim in Pre-marital Sex, it wouldn't make sense to extradite someone to the middle east either).

      Not serving Extradition will only serve to sever the ties between the two nations.

    12. Re:Asperger's by westlake · · Score: 3, Insightful

      Of course he should stand trial. In the UK.

      Crimes are usually prosecuted where the body falls - and not where the shot was fired.

      That would allow the criminal to choose a safe venue from which to commit his crimes by remote control.

    13. Re:Asperger's by SydShamino · · Score: 3, Insightful

      If you chose to not install locks on all your doors - and indeed, you just left all your doors and windows open all the time whether you were home or not - then someone who walked in without your permission could and should be charged with trespassing.

      After that, though, if you decide that you "don't feel safe anymore" and have to spend $800,000 installing locks on your doors and windows, you don't get to claim that the trespasser caused $800,000 in damages to you. You should have and could have installed those locks and improved your security anyway.

      --
      It doesn't hurt to be nice.
    14. Re:Asperger's by tlhIngan · · Score: 4, Insightful

      The dollar figure is BS - its not like he did damage to the hardware, programs, or data. But he did hack the system...and should be punished.

      Not for the people who are involved. If your systems get "browsed through" would you not be combing through just to make sure the guy didn't decide to do something malicious instead? Or do you trust the hacker that just cracked your SSH password that all he did was "look around"?

      The numerical amount may be high, but that could encompass a lot of costs in having to hire forensic investigators to check out each and every system (since breaking into one can also lead to breaking into others). So you've got the cost of downtime for everyone using the systems (because you want to freeze the system for investigation), the cost of the investigation itself, plus the cost of incidentals (e.g., changing passwords, etc).

      No sane admin treats a system that was "just looked over" as untouched - they all treat it as someone intentionally put something on the machine, and until proven otherwise, the machine is untrustworthy.

    15. Re:Asperger's by dissy · · Score: 3, Insightful

      Not for the people who are involved. If your systems get "browsed through" would you not be combing through just to make sure the guy didn't decide to do something malicious instead? Or do you trust the hacker that just cracked your SSH password that all he did was "look around"?

      Well maybe if that had any bearing on reality...

      As the case happens to be, not a single of those systems had a password. He just hit enter at that prompt.

      So no, I fully believe that if you refuse to set a password on your computer when its painfully obvious to anyone passwords exist and can be used, then no you won't give a rats ass when someone else accesses that data.

      In this case, the people whos JOB it was, assigned by our government, who were tasked with securing these systems from the public, are the ones that need to be in prison on death row for treason charges.

      The system operators refusing to put passwords on it are the ones that provided the window of opportunity for true terrorists to take advantage of their stupidity and cause massive harm to our country.
      These assholes got paid to make sure this didn't happen, and clearly are incompetent as they don't know what a password is.
      It is besides the fact that no actual terrorist attack happened, but they sure as fuck held the door open for them so deserve punished for all the potential crimes that are a direct result of their actions.

      Deal with the real problem first, and set a password. If someone actually broke in through a password, we might be a little more sympathetic.

      And before anyone says "But it shouldn't be MY fault if someone breaks in my house cuz I didn't lock my door..." sure, maybe, unless you accepted the job of securing that house from terrorists and accepted a fat paycheck to do so, AND lied to the public claiming you are doing a great job securing that house.
      Then yes, yes it is your fault, and yes you should be held accountable.

      If hitting enter on a password prompt is a crime, then the person not setting that password committed it, as they are the only person who could do anything about it. Not the person hitting enter.

  2. Scapegoat and Prestige? by ceraphis · · Score: 3, Interesting

    Asperger's, you never cease to amaze me. Somehow used as a sign of genius amongst hackers while at the same time being reason you should have charges dropped.

  3. Then why by Kupfernigk · · Score: 3, Interesting

    is the US Government trying to force the British Prime Minister to intervene in the Scottish courts over Meghrabi? US politicians seem to be doing their best to make Cameron feel that anti-British sentiment is alive and kicking. I quite realise that we actually are a declining little country of no great importance to the US except as a kicking boy, but they should be aware that Etonians are trained to hide their real feelings - and exact revenge at a time that suits them.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    1. Re:Then why by Rijnzael · · Score: 3, Insightful

      Because people pursue things which hold interest to them.

      Scenario 1: Obama shows leniency; McKinnon admits guilt and Obama pardons him. That shows weakness and would be ample fodder for his detractors.

      Secnario 2: Obama gets up in arms about it and pursues extradition. It makes him look anti-British.

      It's on the UK to fight extradition using whatever weapons are at their disposal, be it political capital or UK procedures of extradition. McKinnon's case couldn't really be more inconsequential to high-up US authorities.

  4. Re:US wants to lock him up for point out our passw by canajin56 · · Score: 4, Insightful

    Yes, assuming the government is lying, you are totally correct. If you believe McKinnon, he deleted no files, he did nothing harmful at all, and only accessed computers with no passwords protecting them. The government maintains that he download classified documents, that the machines were protected, and that he also download the computers' password files to facilitate further break-ins. He himself admits to leaving a note saying that he will continue to disrupt their networks at the highest level if they do not admit 9/11 was an inside job. He also claims that the reason the government is making up all of these "facts" to prosecute him with is that they are afraid it will get out that the army and airforce have advanced free-energy reactors and anti-gravity fields that they reverse engineered from crashed UFOs. So, to silence him they want to have him shipped to Guantanimo Bay and executed. He says he found clear evidence of UFO encounters (256 MB photos from the ISS clearly showing UFOs), and NASA documents detailing the reverse engineering of free energy reactors, but he was so excited and stoned that he forgot to save them to his computer.

    --
    ASCII stupid question, get a stupid ANSI
  5. More important by PopeRatzo · · Score: 4, Funny

    Interesting that this becomes all about McKinnon. What about the fact that he uncovered the fact that the military is running an alternate space program completely "off the books" and has hundreds of troops serving "off-planet"? Maybe one of the reasons NASA is being cut back is because the real activity is happening by the military, using their "black" budget.

    People with Asperger's are not known for their ability to dissemble and come up with fanciful stories. In fact, one quality that comes up time and time again in descriptions of Asperger's sufferers is that they are unable to tell the "little white lies" that most of us tell every day in order to socialize. When meeting someone, someone with Asperger's is liable to say "You're fat!" or "You're ugly" when meeting someone, well, fat or ugly.

    McKinnon found evidence of what might be a military base in outer space, but everyone wants to focus on this little legal ping-pong between the US and the UK.

    Excuse me now, I have to get back to Above Top Secret.

    --
    You are welcome on my lawn.
  6. Interference in another country's laws by Kupfernigk · · Score: 3, Insightful
    You really do not understand, do you? You say

    And Meghrabi was recently released on erroneous health problems

    . I do hope that you realise that you are libelling a number of Scottish doctors, as you have no evidence for that statement - many cancers do have unexpected periods of remission. Meghrabi was convicted under Scottish law - not by an International Court - and was also released under Scottish law - which, by the way, Cameron cannot legally interfere with, as it is separate from the English legal system.

    You may not like Scottish law. I personally consider aspects of US Law, like your constant reference to an 18th century document to deal with 21st century issues, to be laughable. But if someone is tried, convicted and dealt with under sovereign Scottish law, US politicians have no business whatever interfering. The McKinnon case, similarly, is one of someone who should have been dealt with under English law - but the US interfered.

    However, my basic point is that pissing off a new Prime Minister is likely to be counterproductive in the long term. Your failure to understand this seems to be shared by a large number of your countrymen.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    1. Re:Interference in another country's laws by Knackered · · Score: 4, Informative

      The court itself was in the Netherlands. How is that not an international court?!

      The trial was held under Scottish law. That was part of the compromise that led to him being handed over in the first place. The physical location of the court, in this instance, is irrelevant.

      - and was also released under Scottish law - which, by the way, Cameron cannot legally interfere with, as it is separate from the English legal system.

      What on Earth are you talking about? Scotland is part of the UK. David Cameron is the UK Prime Minister. And you're telling me he has no grounds to interfere? I must seriously be missing something here.

      You are missing something. Scotland has a separate legal system from England, Wales, and Northern Ireland. The continuance of the legal system was one of the conditions of the Act of Union in 1707. As the UK PM, David Cameron cannot directly interfere with decisions of the Scottish courts. He can't interfere by proposing Scottish laws either, since that power is devolved to the Scottish Parliament. Since this is criminal law, the new Supreme Court of the UK does not have jurisdiction either.

      --
      a.
  7. Obama should invite McKinnon by Vinegar+Joe · · Score: 3, Funny

    To the White House for a beer.

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
  8. It's not Aspergers, it's deeper than that. by ratboy666 · · Score: 5, Insightful

    That's a very slippery slope you are on. If there is a legal differential, there is a societal differential. If the difference did not exist, the laws would be in harmony. Which would imply that extradition would not be needed.

    Extreme examples abound -- countries that refuse to extradite criminals that would be executed, because execution is deemed morally wrong in one jurisdiction, and morally right in another.

    Now, in this case, breaking into a computer is considered wrong in both jurisdictions. Why extradite? The only reason to is to apply a different punishment. It will either be more, or less, severe. But, understand, it will be different and not in accord with the original countries societal norms.

    Since the defendant is a member of the original country, and, by extension a member of its society, he should be tried in accordance with its societal norms.

    It interests me that this is exactly what he requested.

    It is morally wrong for the leaders of his society to permit this extradition. In doing so, they show themselves to be either weak or dismissive of the democracy that elected them. The last time I checked, the UK was a democracy, and under its own rule.

    The defendant did not commit the crimes in the US, and didn't physically flee US jurisdiction. If this had occurred, I would be supportive of his extradition.

    Only the most extreme sentences can overturn the right to be held accountable to ones society. These are generally (in my society) those which will also refugee status to be granted. Simple theft, breaking and entering, or computer crime come nowhere near this bar.

    Allowing this extradition means that the UK government is abdicating its sovereignty. The people of the UK should push to bring down this government, as it is no longer following the rule of UK law and society.

    --
    Just another "Cubible(sic) Joe" 2 17 3061
  9. Re:US wants to lock him up for point out our passw by Blakey+Rat · · Score: 3, Funny

    He says he found clear evidence of UFO encounters (256 MB photos from the ISS clearly showing UFOs), and NASA documents detailing the reverse engineering of free energy reactors, but he was so excited and stoned that he forgot to save them to his computer.

    I dunno why, but that sentence has got to be one of the most hilarious things I've ever read in my life.

  10. Might != Right by Moraelin · · Score: 4, Insightful

    You know, the whole "victims are to blame if they didn't make the crime impossible" meme is starting to rub me the wrong way.

    No doubt, some people should have secured their computers better. But, no, that doesn't automatically give anyone right to do something just because they can.

    There are millions of homes out there that just about anyone who isn't a quadriplegic _can_ break in. If nothing else, an axe takes care of most doors and a simple brick can defeat most windows. Talk about gaping security holes when securing one's home, eh? We should start excusing the criminals because the homeowners didn't make their house as secure as a bunker, eh? Well, no, it doesn't work that way.

    There are millions of bycicles out there that one can steal quite easily for a quick joyride. Most of the older locks can be "bumped" by a 10 year old. But no, we don't excuse someone just because the bike wasn't impossible to steal.

    Etc.

    In no other domain do we think, "well, the victim failed to make the crime impossible, so the criminal has a good excuse there." Being able to do something isn't and never was an automatic right to do it.

    So, really, exactly why should #3 even be a factor at all when it comes to computers? Just because to some nerds the harm _they_ can do should be legal, while harm done to them (e.g., bullying in school) should be a hanging offence? Do some people have delusions of being royalty, or what?

    --
    A polar bear is a cartesian bear after a coordinate transform.
  11. One view by Anonymous Coward · · Score: 3, Interesting
    (tags for the benefit of the Americans)

    [sarcasm] Of course, this has NOTHING to do with making the US military etc. look like a bunch of idiots when it comes to cyber security.
    To make up for their embarrassment they wouldn't DREAM of taking it out on some dodgy hacker that made them look like n00bs. [sarcasm = off]
    The US authorities are stamping their collective feet like self-entitled 3rd graders, trying desperately to deflect any criticism of their woeful security practices.

    This whole affair may have something to do with a one-sided extradition treaty with the UK that meant that USA could just about say "we want that person to be extradited", with no prima facie case & the UK had little say in the matter.
    However the same did not apply with the UK wanting US citizens extradited to the UK.Can we say "one law for the Americans & another for the rest of the world?
    Naturally, this law was enacted under the stewardship of the well-known Bush poodle called Blair. Surprising, huh?

  12. Re:Knee jerk. by _Sprocket_ · · Score: 3, Interesting

    1. I was being lazy in my original comments and in review I don't find this case a good example to take a stand on. The ground is just too squishy.

    Fair enough. If I had applied my perspective to the case and found a lot of merit to what he's claiming, I'd point that out as well.

    The Gary McKinnon case serves several ends; it is a public display of what happens when one goes against the state. It is a means of justifying the further fortification of the internet. And it is a means to add another coat of smear to the idea of a UFO presence.

    From my experience, I'd say the Feds are after two things with McKinnon. They want to make an example of him. And they're following what they know. The US Government generally hasn't been very good at groking infosec. But the Government exists on a foundation of Law. They really get that and are really eager to use that tool. When all you understand is the hammer, you use that on everything - nail or screw included.

    I've been in infosec meetings where the technical details of a threat and mitigation are glossed over. Meanwhile, the room lights up when the FBI agent talks about a case they're preparing to prosecute and equipment they've compounded as evidence. I'm rather disgusted with all that since, as I noted earlier, I find that as a sign of failure not a sign of progress. But that's been the traditional environment.

    I suppose it's possible that this also serves to smear the UFO culture in general. McKinnon certainly does nobody in that camp any favors and, IMHO, serious UFO researchers should be outspoken in distancing themselves from him.

    I would direct you to Richard Dolan's efforts if you are interested in reading the state of the current understanding of the UFO issue.

    Noted.

    For your part, you have now implied several times that you work closely with NASA in some capacity and that you have some fairly high level access to security proceedings there. I'm not sure what to make of that. Are you not a bit worried to be discussing internal policy on Slashdot, especially in light of this story about computer security?

    Keep in mind that NASA is not entirely a single entity. From the outside it looks like a big, monolithic agency. On the inside, it's more of a schizophrenic collection of Centers and Directorates with power and autonomy existing based on what budgets any given entity controls (although there's been more attempts at top-down control in recent years).

    I'm fairly comfortable with what I've commented on. I don't comment on specific policy. I don't provide technical details. I don't discuss any depth of NASA system security posture. And I wasn't involved with McKinnon's case so I'd make a really poor target for his defense to subpoena in a bid to weaken the case against their client.