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MacKinnon Extradition Blocked By UK Home Secretary

RockDoctor writes "BBC radio news (2012-10-16 GMT 13:00) is reporting that the Home Secretary has blocked the extradition of Gary MacKinnon to the U.S. for (alleged) computer hacking crimes. Paraphrasing: the Director of Public Prosecutions is going to have to decide if there is sufficient evidence for him to be tried in the UK for crimes committed in (or from) the UK. " (Also at The Independent.)

258 comments

  1. Even a stopped clock... by Local+ID10T · · Score: 4, Insightful

    Even a stopped clock gets it right twice a day.

    --
    "You want to know how to help your kids? Leave them the fuck alone." -George Carlin
    1. Re:Even a stopped clock... by alexo · · Score: 1

      Even a stopped clock gets it right twice a day.

      Still living in the analog era, I see.

    2. Re:Even a stopped clock... by compro01 · · Score: 1

      A clock flashing 12:00 is also right twice a day, assuming it doesn't differentiate AM/PM.

      --
      upon the advice of my lawyer, i have no sig at this time
    3. Re:Even a stopped clock... by Anonymous Coward · · Score: 0

      ... Although most digital clocks do. And the ones that do not tend to be 24h clocks. So.. kinda dicey assumption.

    4. Re:Even a stopped clock... by SleazyRidr · · Score: 1

      Of the digi clocks I've seen about 50% indicate am or pm. Even if they do, they're still right once a day, which is more that you can say for most governments around the world.

    5. Re:Even a stopped clock... by Anonymous Coward · · Score: 0

      Of the digi clocks I've seen about 50% indicate am or pm. Even if they do, they're still right once a day, which is more that you can say for most governments around the world.

      The other 50% of digital clocks use 24 hours format.

      But hey, they may still be showing the correct time in a different timezone.

    6. Re:Even a stopped clock... by quacking+duck · · Score: 1

      We haven't bothered resetting our microwave clock, so it says "-:--"

    7. Re:Even a stopped clock... by dwater · · Score: 1

      most clocks are digital anyway, even if their scales are analog - ie the pointer only moves digitally (though you might argue that it is analog, but very non-linear, since the pointer has to move from one mark to the next).

      --
      Max.
    8. Re:Even a stopped clock... by mjwx · · Score: 1

      Even a stopped clock gets it right twice a day.

      Tell that to my Casio, I'll let you know when it gets to 88:88.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    9. Re:Even a stopped clock... by RockDoctor · · Score: 1
      Only if you're living on #EarthTime ; if you're living on #MarsTime, then it's only right every 36-odd (?) days.

      (I swap tweets with someone who lives on #MarsTime ; it puts a different perspective on time.)

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  2. Re:A pity by Anonymous Coward · · Score: 5, Informative

    He has an independently verified medical condition which makes him a high-risk for suicide. That doesn't make him innocent of his crimes; if you'd bother to read the article you'd see his case is now under consideration for prosecution in the UK.

    This has stopped his extradition, not him being liable for his actions.

  3. A good decision by benjfowler · · Score: 2

    A good decision on its own merits, I think. His crimes were made out to be first degree murder by the US side, and he was going to go down for a LONG time for something that script kiddies do quite often.The guy obviously has something wrong with him, and he'd unlikely get a fair hearing in the States, where the favourite sport of the rich and powerful is to inflate claimed harm in court cases to crucify people they don't like (e.g. Kevin Mitnick causing a billion dollars damage and able to start nuclear war with a payphone).

    That said, in context, it looks terrible. After what happened to Abu Hamza and friends, it says that if you're brown and Muslim, you're going to get thrown to the wolves. But if you're white, you're all right. I have zero sympathy for sub-human shit like Abu Hamza -- but the apparent double-standard is a very bad look.

    1. Re:A good decision by jrumney · · Score: 3, Interesting

      After what happened to Abu Hamza and friends

      Probably more so the "and friends", two of whom appear to have been doing nothing more than running a website providing information, something I was under the mistaken impression that the US defends vigorously as free speech, even when it is bigotted speech full of hatred. Hamza himself does appear to have been directly involved in crimes physically committed on American soil, so extradition is appropriate in his case. The remaining two friends are accused of involvement in attacks on the US embassy in Yemen, which is slightly more dubious, but still as physical attacks, and given that there is no reasonable expectation that Yemen will pursue appropriate prosecution, I don't think any comparison to MacKinnon's case is justified.

  4. Re:A pity by clickclickdrone · · Score: 5, Insightful

    No one is saying he's innocent. The case is now going off to the DPP for appraisel. The issue is about using an extradition treaty designed to process terrorists for sending over people for other offences, especially when the sentence is FAR worse in the US than it would be in the UK. I don't think anyone, himself included thinks he's innocent, it's the process that's wrong.

    --
    I want a list of atrocities done in your name - Recoil
  5. Re:A pity by Hentes · · Score: 3, Insightful

    So what exactly were his crimes? What damage did he cause? It's pretty much proven that he isn't a foreign agent and did not forward any information to other people.

  6. USA - Average Joe by ciderbrew · · Score: 3, Insightful

    Does the US citizen - Average Joe (or above average) know or care about this?
    On a personal note, I'm shocked the government made a choice for a person over a corporation/lobby group/foreign power. First time In my life I think I've agreed with a home secretary?!?! must be getting old.

    1. Re:USA - Average Joe by isorox · · Score: 2

      Does the US citizen - Average Joe (or above average) know or care about this?
        On a personal note, I'm shocked the government made a choice for a person over a corporation/lobby group/foreign power. First time In my life I think I've agreed with a home secretary?!?! must be getting old.

      This is an unusual case, which has found most of us "liberals" on the same side as the BNP and Daily Mail.

    2. Re:USA - Average Joe by ciderbrew · · Score: 1

      ohh - I don't like that idea, best send him over ASAP. Hmm, and bring Mr Hamza back with an apology, a pay off and a big house in Kensington.

    3. Re:USA - Average Joe by radish · · Score: 1

      I'm British but living in the US. I've been following the case on the BBC but have never seen any mention of in the US media.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    4. Re:USA - Average Joe by heefeneet · · Score: 1

      I'm British but living in the US. I've been following the case on the BBC but have never seen any mention of in the US media.

      Dont worry. It will get plenty coverage now.

    5. Re:USA - Average Joe by RockDoctor · · Score: 1

      I'm shocked the government made a choice for a person over a corporation/lobby group/foreign power. First time In my life I think I've agreed with a home secretary?!?! must be getting old.

      You'll probably be a lot older before you have to recycle that comment.

      [Depressed, now.]

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  7. Right, but for the worst reasons possible. by serviscope_minor · · Score: 5, Insightful

    It's the right decision, finally, but for the worse reasons.

    Suicide risk?

    Well, that implies that you shouldn't extradite because aof suicide risk. What about murderers? What about holding "terrorist" suspects for 10 years without trial? Does that lead to a suicide risk? Should you simply not incarcerate people who are at risk of suicide?

    He never left the UK and if what he did was illegal here, then he should be tried herre.

    It is simply not right that one must know the laws of an artibray number of other countries even if you've never visited them. Secondly, the guy has a mental condition. He should be getting help (on the NHS no less) than this treatment.

    Finally, the authorities should have been ashamed into silence that their systems were insecure. Instead, they are simply lying about the damage done. If sensitive systems were that insecure, then that amount of fixing/upgrading/replacing was already required whether or not they successfully detected an intrusion.

    In other worde they are also lying about the damage.

    Still, good for McKinnon and a weak blow for justice. The right decision for the wrong reasons is better than the wrong decisions.

    Now all we need is to overturn this ludicrous, one-sided and outright unjust act before too many more lives are ruined.

    --
    SJW n. One who posts facts.
    1. Re:Right, but for the worst reasons possible. by moronoxyd · · Score: 0

      It is simply not right that one must know the laws of an artibray number of other countries even if you've never visited them.

      Hacking into systems you don't have official access to is illegal in the UK just as much as it is in the US.
      So he didn't need to know the laws of another country to know that what he did was illegal.

      And that he wasn't in the US when he commited a crime in the US is a weak argument too.
      If you stand on the French-German border on the French side and I on the German side and I shoot you, wouldn't I have commited a crime in France (as well as in Germany, of course)?

      Secondly, the guy has a mental condition.

      He has Asperger's Syndrome. That doesn't stop him from knowing right from wrong or how laws work.

      If sensitive systems were that insecure, then that amount of fixing/upgrading/replacing was already required whether or not they successfully detected an intrusion.

      So if I break into your house because you have crappy locks it's not that bad?
      Also, the costs probably are not only about upgrading the security system but also analysing what data he accessed and whether he changed anything, copied any codes that need to be changed etc.

    2. Re:Right, but for the worst reasons possible. by serviscope_minor · · Score: 4, Insightful

      Hacking into systems you don't have official access to is illegal in the UK just as much as it is in the US. So he didn't need to know the laws of another country to know that what he did was illegal.

      Yeah, buit it won't get you life in a PIMTA prison in the UK. Apparently you need to know enough about US law to know that breaking the law in the UK is a bad idea because you might be hauled overseas to a much nastier legal system.

      If you stand on the French-German border on the French side and I on the German side and I shoot you, wouldn't I have commited a crime in France (as well as in Germany, of course)?

      It simplifies things greatly that it's the same crime with the same penalties in both places more or less. Not the case here. And yeah sure. Why not try you in Germany? You were in Germany when you committed murder. Get tried there.

      He has Asperger's Syndrome. That doesn't stop him from knowing right from wrong or how laws work.

      How well do you know details of his mental condition?

      So if I break into your house because you have crappy locks it's not that bad?

      No, but if you try to claim the cost of upgrading the locks is because of me breaking in, then you'd be a liar, like the US government in this case.

      Also, the costs probably are not only about upgrading the security system but also analysing what data he accessed and whether he changed anything, copied any codes that need to be changed etc.

      Except that they needed to do that anyway. Once they found that their systems were insecure and on the public internet, they should have followed those procedures. In case someone muuch more competent, e.g. from a foreign power had been in as well but had hidden his tracks much better.

      If they'd been following any kind of reasonable position it would have cost exactly the same if a security consultant told them that their systems were insecure.

      That doesn't make what McKinnon did a not a crime, but it does make them a bunch of lying assholes.

      --
      SJW n. One who posts facts.
    3. Re:Right, but for the worst reasons possible. by Xest · · Score: 3, Informative

      "Also, the costs probably are not only about upgrading the security system"

      He got in because they used a blank password for some accounts.

      I'd argue that no cost was caused the US in terms of fixing the security holes, because it's something their staff should be doing routinely as part of their job in the first place so effectively in this respect all Gary did was expose the fact that the government was paying staff who weren't doing what they were paid to do.

      I agree there will have been some cost to doing an audit of what he accessed etc. but nothing close to the inflated figure the US provided, or if it was that high, then they should again thank him for making them aware of the fact they're paying their IT staff and/or contractors a good few orders of magnitude too much.

    4. Re:Right, but for the worst reasons possible. by Simon+Brooke · · Score: 1

      It is simply not right that one must know the laws of an artibray number of other countries even if you've never visited them.

      Hacking into systems you don't have official access to is illegal in the UK just as much as it is in the US.
      So he didn't need to know the laws of another country to know that what he did was illegal.

      Right. So, as a Scot, when in England, he allegedly committed a crime in England which was against English law. So he should be tried in England, and, if found guilty, imprisoned in Scotland (because he's one of our citizens, and in Europe there's a general presumption that people should be imprisoned in their own country). The USA has no role in this, other than to sit quiet and await the outcome of the trial.

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    5. Re:Right, but for the worst reasons possible. by L4t3r4lu5 · · Score: 4, Insightful

      And that he wasn't in the US when he commited a crime in the US is a weak argument too. If you stand on the French-German border on the French side and I on the German side and I shoot you, wouldn't I have commited a crime in France (as well as in Germany, of course)?

      This is absolutely fundamental to why this extradition cannot have been allowed to occur. He is not a spy, he didn't send the information he uncovered to anyone else, and he didn't cause any damage beyond identifying a weakness in security which shouldn't have existed in the first place. In the UK, under the provisions of the Computer Misuse Act, he'd get a maximum of 2 years in prison. In the US, he'd be tried as a terrorist and faced sixty years in federal prison.

      Let's take that to your France / Germany analogy above. You stand on the border and throw a stone at a policeman in France. In Germany, you're charged with assault and get probation. If extradited to France, you're charged with GBH and attempted murder and you spend the rest of your natural life in an 8 x 6 cage with a hairy-backed bear named Jim.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    6. Re:Right, but for the worst reasons possible. by dbIII · · Score: 2

      Yes the suicide risk is important, since you don't really want someone to die just because an example is wanted to show punishment will be handed out to minor trespassers.
      This has all been an enormous waste of time for a crime that is more petty then minor shoplifting.
      As said above (and in many other similar cases eg. the ones listed in Bruce Sterling's "The Hacker Crackdown"), the "damage" cannot be honestly quantified in the amounts claimed. It's funny how perjury doesn't apply to such wild claims from those asking for extradition.

    7. Re:Right, but for the worst reasons possible. by biodata · · Score: 1

      >And that he wasn't in the US when he commited a crime in the US is a weak argument too. If you stand on the French-German border on the French side and I on the German side and I shoot you, wouldn't I have commited a crime in France (as well as in Germany, of course)? I don't remember reading anywhere that he shot anyone, nor that he harmed anyone in any way. I thought he just looked at a few files on a publicly accessible server (i.e. the internet).

      --
      Korma: Good
    8. Re:Right, but for the worst reasons possible. by Anonymous Coward · · Score: 0

      If you stand on the French-German border on the French side and I on the German side and I shoot you, wouldn't I have commited a crime in France (as well as in Germany, of course)?

      You would have committed an act of war.

    9. Re:Right, but for the worst reasons possible. by jez9999 · · Score: 1

      If you stand on the French-German border on the French side and I on the German side and I shoot you, wouldn't I have commited a crime in France (as well as in Germany, of course)?

      Depends. Is this during or after World War 2?

    10. Re:Right, but for the worst reasons possible. by Anonymous Coward · · Score: 0

      You do know that Scot's are British, right?

    11. Re:Right, but for the worst reasons possible. by Anonymous Coward · · Score: 0

      Agreed, right decision but for wrong reasons.

      The right reason from the beginning should have been "he did nothing wrong, he is not going anywhere".

      If something like this happens again this year or the next or in the near future, one more reason can be added, "we are broke and bankrupt totally, utterly, completely, lets not pretend we are still the British Empire. Lets not waste our resources on frivolous witch hunts".

    12. Re:Right, but for the worst reasons possible. by Anonymous Coward · · Score: 0

      The point is where you are located. If its not a crime in one state why extradite you. Furthermore when I was born in Germany my constitution protected me against extradiction.

    13. Re:Right, but for the worst reasons possible. by Anonymous Coward · · Score: 0

      Scotland is part of Britain but it has it's own legal system. IIRC, there has been rare instances where Scots have been tried in Scottish courts for crimes committed in England.

    14. Re:Right, but for the worst reasons possible. by sjames · · Score: 1

      So he didn't need to know the laws of another country to know that what he did was illegal.

      No, but as for consequences or how it might play out, there's a huge difference between the U.S. and the U.K.

      If you stand on the French-German border on the French side and I on the German side and I shoot you, wouldn't I have commited a crime in France (as well as in Germany, of course)?

      No, you committed a crime in Germany that happened to have a consequence in France.

      He has Asperger's Syndrome. That doesn't stop him from knowing right from wrong or how laws work.

      It does mean that a civilized legal system will make special allowances for his condition and way of thinking, including an evaluation of what would constitute a reasonable punishment. The U.S. will just chuck him into the system and grind him up.

      So if I break into your house because you have crappy locks it's not that bad?

      It's bad enough, but I don't get to claim my cost for installing barbed wire, a vault door, and hiring an armed guard as damages resulting from you walking in through an open door and helping yourself to an apple from the fruit bowl.

  8. Re:A pity by EasyTarget · · Score: 3, Funny

    Awwww.. has society been being nice to people again, and delivering appropriate justice rather than the fantasies of right-wing bullies.
    That must really make assholes like you mad.

    --
    "Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes
  9. Re:A pity by Anonymous Coward · · Score: 1

    Let's be honest about this. The intent was to make it possible for him to stay and be trialled in the UK. Right now, legislation and experience in US-UK extradition cases is stil young. Theresa May is still fumbling about, as we can see with the new protocols announced today (i.e. the 'forum test'). The suicide defence is, while a technicality, still perfectly fine because it means that we're not giving him up to the US which would hold up a far more damaging precedent than the one you seem to be worrying about. At the end of the day, he's British, and I don't care what technicality his lawyers engage, as long as his rights as a British citizen are protected.

    And it's worth mentioning that, if extradited, Gary would indeed relapse into depression and commit suicide. What on earth would he have to live for?

  10. Re:A pity by BenJury · · Score: 5, Insightful

    If you've committed a crime in the UK then you should be tried in the UK. It should be as simple as that.

    --
    Blatant Advert: Android Apps!
  11. Re:A pity by serviscope_minor · · Score: 0

    I'm a UK citizen and I have little sympathy for him.

    Now that is a pity.

    HIs defence played the old suicide card with a side serving of poor-little-me aspergers sufferer. As if that somehow makes him innocent of his crimes.

    Well, then you're a damn fool, and proudly ignorant of the case it would seem.

    The entire argument is, and always has been that he should be tried in the UK.

    Now I've demonstrated that your entire opinion is based on an incorrect understanding of the facts, will you recant, or keep on ranting as a righteous middle-aged keyboard warrior?

    --
    SJW n. One who posts facts.
  12. David Cameron had no alternative ...... by Anonymous Coward · · Score: 4, Interesting

    When he was in opposition, he scored a lot of political points by defending Gary MacKinnon, accusing the Tony Blair/Gordon Brown Labour Party of being US lapdogs.

    If he hadn't blocked the extradition, it would have been a PR nightmare for him and the Conservatives.

    1. Re:David Cameron had no alternative ...... by N1AK · · Score: 4, Insightful

      Given the timing I can't help but feel we gave them Abu Hamza and the other 4 'terror' suspects in return for them letting this go without a major fuss. That both your premise and mine both are based on the assumption that actual human rights and morality were largely irrelevant says something about our countries politics.

    2. Re:David Cameron had no alternative ...... by Simon+Brooke · · Score: 1

      Given the timing I can't help but feel we gave them Abu Hamza and the other 4 'terror' suspects in return for them letting this go without a major fuss. That both your premise and mine both are based on the assumption that actual human rights and morality were largely irrelevant says something about our countries politics.

      I have to confess that, while I don't think Gary McKinnon should be extradited to the US to face trial for an alleged offence committed in England, I can't help suspecting that the 'medical condition' which he has which gave rise to this decision was 'white skin syndrome'.

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    3. Re:David Cameron had no alternative ...... by Anonymous Coward · · Score: 0

      What I want to know is why it took them so damn long to block this extradition. That it is so soon after Abu Hamza was extradited does make it seem like they waited until that was done before officially blocking this one.

    4. Re:David Cameron had no alternative ...... by mcgrew · · Score: 1

      Unclear: did you mean our countries' politics or our country's politics?

    5. Re:David Cameron had no alternative ...... by N1AK · · Score: 1

      Sorry; I meant Country's

  13. Re:A pity by Anonymous Coward · · Score: 0

    He was being extradited without evidence to be tried in a foreign country.

    All of what you wrote is moot.

  14. Re:A pity by rubikscubejunkie · · Score: 1

    Interesting.....but the case is much more complex than that.

  15. Re:A pity by Anonymous Coward · · Score: 0

    HIs defence played the old suicide card with a side serving of poor-little-me aspergers sufferer.

    Still better than a Slashdotter playing the poor-little-me-is-gonna-be-downmodded card. Go back under your bridge.

  16. Re:A pity by shentino · · Score: 1

    There is something called an insanity defense you know.

    Also I seriously doubt prison capacity is a valid argument for anything relating to justice.

  17. Re:A pity by vlm · · Score: 5, Insightful

    So what exactly were his crimes? What damage did he cause? It's pretty much proven that he isn't a foreign agent and did not forward any information to other people.

    We needed a boogy man to scare people with now that Kevin Mitnick isn't so scary. The modern witch hunt... some individuals must suffer for the amusement of the masses and control games of the elite. Our lapdogs in the UK are not cooperating. Bush probably would have already started bombing the UK in retaliation, but Obama will probably think of some other way to screw things up.

    Its amusing to strip away the internet BS in his case and come up with analogies to breaking into a public library and photocopying stuff from the restricted collection. Yeah, he's a crook, but so small time as to scarcely be worth looking at, getting the USA witch trial treatment is a wee bit excessive.

    --
    "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
  18. I doubt it by Kupfernigk · · Score: 5, Insightful
    I very much doubt you are a UK citizen. Nobody other than Tony Blair, Mandelson and Alastair Campbell thought that treaty was a good idea; didn't John McCain say it was too one-sided?

    Blair would have handed over the UK to the US lock, stock and barrel in exchange for a word from Bush iii (and some lucrative "consultancy" from a US bank). And the others...while there are libel laws in the UK I can't trust myself to write about Campbell or Mandelson.

    Be carted off the the US without the US court having to show even prima facie evidence? There was a time and a place where foreign nationals could be extradited like that, but the time was prior to 1990 and the place was the satellite states of the Soviet Union.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    1. Re:I doubt it by isorox · · Score: 2

      "I very much doubt you are a UK citizen."

      Doubt away all you like pal. Not everyone in the UK is a bed wetting lefty sobbing over a Guardian editorial about criminals human rights.

      Yes, the well known left wing media like the Daily Mail were all for his extradition, and the BNP are known to be quite cuddly too.
      </sarcasm>

    2. Re:I doubt it by serviscope_minor · · Score: 5, Insightful

      Doubt away all you like pal. Not everyone in the UK is a bed wetting lefty sobbing over a Guardian editorial about criminals human rights.

      Sigh.

      I really, truly hope you are not a UK citizen.

      Firstly, your comment about "snivelling" whatever, makes me sure that you are one of those who is capable of thinking about issues only interms of a team cheering us-versus them party political context, rather than trying to think and come to your own, reasoned, conclusion.

      People voting along your lines are basically what is wrong with democracy. Please, refrain from voting. You are personally respondible for making democracy the worst system (except all others).

      Frankly it's insane that you think that basic legal rights are a left-versus-right thing not a right versus wrong thing.

      You also seem to think that putting "criminal" in front of something automatically has some bearing. And if you think criminals shouldn't have rights, then why not have the death penalty for almost every crime? After all, who cares about criminal rights?

      The measure of a civilisation is not how it treates its conformists but how it treats its dissidents. (quote from someone famous...)

      I'd be willing to bet that you hate the European convention on human rights too.

      --
      SJW n. One who posts facts.
    3. Re:I doubt it by Kupfernigk · · Score: 4, Insightful

      Your use of "Pal" (an Americanism) and "bed wetting lefty" - a popular term with the American Right - goes rather to sustain my thesis. I'm prepared to believe that you have dual nationality, though, given some of the people they give citizenship to nowadays. Unfortunately

      --
      From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    4. Re:I doubt it by Kupfernigk · · Score: 2

      Ouch. That really hurt. No, just kidding.

      --
      From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    5. Re:I doubt it by pjt33 · · Score: 1

      And the others...while there are libel laws in the UK I can't trust myself to write about Campbell or Mandelson.

      Opinion, m'lud. You can learn a lot about libel from watching Have I Got News For You and taking notes on Ian Hislop's comments.

      Which reminds me that the new series started last Friday, and I still haven't watched it. So thanks for that reminder!

    6. Re:I doubt it by Falconhell · · Score: 0

      Keep right on burning that karma nut job boy. I frankly dont believe a word of what you say about living in the UK, when you just spout right wing libertarian nut job talking points.

    7. Re:I doubt it by Anonymous Coward · · Score: 0

      You do your handle so much honour.

    8. Re:I doubt it by Anonymous Coward · · Score: 0

      All you're doing is proving how parochial and out of touch you are which combined with your clucky use of pretentious language puts a big mark alongside "student" on my list of what and how old you are.

      Really? My first impression was that he's had some form of education contrary to my first impression of you.

    9. Re:I doubt it by Viol8 · · Score: 1

      "Keep right on burning that karma nut job boy"

      Oh I intend to, if only to wind up lefty tw@ts like you :o) Get your sad mates to mod me down even more - it'll take them about a month to make a difference.

      "I frankly dont believe a word of what you say about living in the UK, when you just spout right wing libertarian nut job talking points."

      Believe what you like, I don't give a toss. There are plenty of silly naive students on here who seem to think everyone in the UK shares their simpleton left wing views simply because they never mix with anyone outside their young insular little peer groups. It must come as a shock to them when they get a job in the real world and get to hear adult points of view.

    10. Re:I doubt it by Anonymous Coward · · Score: 0

      Cool, not just an internet tough guy but a Glaswegian hard man internet tough guy.

      I bet you drink your Irn Bru straight, no chaser.

    11. Re:I doubt it by tehcyder · · Score: 1

      Believe what you like, I don't give a toss. There are plenty of silly naive students on here who seem to think everyone in the UK shares their simpleton left wing views simply because they never mix with anyone outside their young insular little peer groups. It must come as a shock to them when they get a job in the real world and get to hear adult points of view.

      The existence of the Daily Mail alone proves your point that there are plenty of extremely right wing, bigoted, racist, sexist, homophobic, Islamophobic, reactionary, anti-union, pro-hanging, religious fascists in the UK. It is no surprise to anyone that a lot of people in the "real world" are utter cunts you wouldn't piss on if they were on fire..

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    12. Re:I doubt it by Viol8 · · Score: 1

      Oh boo hoo. Guess you'll just have to emigrate to some fluffy right-on paradise where citizens skip down the street hand in hand with the local criminals under the guide of "celebrating" diversity.

      Btw, nice cut and paste from your student union website. I'm surprised you didn't include a link to a Che Guevara picture just to complete the cliche.

    13. Re:I doubt it by Falconhell · · Score: 0

      If I lived in the Uk you might have a point. I'm 52 and i have mixed with many different peer groups in many countries, and industries, from the largest corporate to the smallest freelance work. When you have an adult point of view I would like to hear it. All I have heard form you is the most irrational libertarian right wing rubbish as spouted by fox news simply repeated.

      You are the one with the childish simplistic view man and its really funny to hear you claim the opposite. Talk about cognitive dissonance.

    14. Re:I doubt it by Falconhell · · Score: 0

      Ooh you are a bitter little right winger, usual approach when you have no rational argument to support what you say play the man not the ball-piss weak!

      You lose, Thanks for playing

  19. Carly Rae Abagnale by Anonymous Coward · · Score: 0

    Hey I just hacked you, and I may be crazy, but I was looking for ET, so don't extradite me...

    1. Re:Carly Rae Abagnale by Chrisq · · Score: 2

      Hey I just hacked you, and I may be crazy, but I was looking for ET, so don't extradite me...

      Sorry, our alien overlords insist

  20. Re:A pity by Xest · · Score: 4, Insightful

    I'd agree if the idea he should be extradited to face the possible penalties he could face in America were in any way sane.

    When the Americans were putting forward such absurdly inflated figures for damage and recommending such absurd levels of punishment, then I don't really blame him for the excuse he used.

    It seems the only way to get sanity in the case was for them to bring their own extreme scenario into the equation, the Aspergers excuse did after all only enter the discussion after some years of them trying to just be reasonable and rational about things.

    So honestly, if you think it's silly that people can use this excuse to avoid extradition then fine, but if you think he also deserved to face extradition and upto 60 years in prison for what frankly, was little more than a bit of vandalism and arguably not even really that, then I think you need to get a bit of a grip on reality.

    Honestly, what he did was arguably more harmless than even getting a speeding ticket, at least speeding tickets are there to try and deter anyone driving in such a way they cause physical harm to someone else. All Gary's actions did was cause a bit of embarassment and result in a bit of their IT staff's time be spent sorting out the security issues they should've sorted out as part of their day to day employment so he couldn't have logged in to their systems using a blank password anyway.

  21. Re:A pity by wisnoskij · · Score: 1

    You can get out of prison for anything if your judge is in a good enough mood and you have a inventive lawer.

    For example, getting off of the murder charge because you are a woman (http://www.abc.net.au/health/features/stories/2005/12/08/1836110.htm#d).

    --
    Troll is not a replacement for I disagree.
  22. Re:A pity by jonbryce · · Score: 5, Informative

    Unauthorised access to computer material contrary to S1 of the Computer Misuse Act 1990. The maximum penalty for that in the UK is 2 years in prison, although as this is not a very serious example of the offence, it is likely he would get a much lower prison term, probably in the order of a couple of months at most.

  23. Re:A pity by N1AK · · Score: 0

    It's bollocks. Sending anyone to a foreign country, with a comparatively harsh penal system to serve 60 years is going to massively increase the risk of them committing suicide. I've seen nothing in this case that makes me think that his 'condition' should have any baring on whether he was extradited or not (regardless of whether the extradition should have happened for other reasons or not).

    I'm fed up of seeing people abuse provisions that are put in place to protect those with genuine medical/pschological needs and getting away with it.

  24. Re:More Markist bullshit by Anonymous Coward · · Score: 0

    i'm the only one get the sarcasm on this one?

  25. right idea wrong reasons by thuf1rhawat · · Score: 2

    Sorry someone shouldn't avopid trial on teh basis that they are will commit suicide. However if someone commits a crime they should be tried in teh jurisdiction they were in when they comitted a crime. lets seperate the fact that this involves computers from it and examine a less recent communication method. If i had in 1979 phoned an individual in the us and made credible death threats would i have been extradited to the us, or would i probably have been prosecuted here in the UK. he was not subject to us laws when he commited teh crime, he was however subject to uk laws where what he did was also an offence. Teh problem for me seems to be that the powers that be were concerned that under UK law his aspergers woudl have been ( and IANAL so the precise nomeclature i use may be incorrect) used as a mitigating factor or defence whereas US law pretty much allows people with the mental age of 12 year olds to be executed. therefore rather than prsoecute him here where it may have failed and then ttry to extradite him where the fact he had already been tried for teh crime may have allowed him to invoke double jeopardy, they decided to ship him off to the states. Can we extradite George w bush to the Uk for war crimes ( ignoring the fact we haven't even prosecuted our own politicians for this). basically he comitted teh crime here and should have been tried here and if the powers that be didn't like the result of that trial then change the laws or try to.

    1. Re:right idea wrong reasons by dbIII · · Score: 2

      They really don't want a death on their hands over a petty trespasser being made an example of to divert attention from the idiots that refused to do their jobs and padlock the gate. That would be counterproductive and draw attention to him just being a handy scapegoat for poor practices and not the master criminal that is alleged.

    2. Re:right idea wrong reasons by Anonymous Coward · · Score: 0

      'Teh' is not a word. It makes your 'argument' look like a 6 year old is trying to write, and failing.

    3. Re:right idea wrong reasons by Falconhell · · Score: 0

      Nah it only works one way, thats why the US is too cowardly to sign up to the world court. they cant rig the outcomes in other courts.

  26. Re:A pity by EasyTarget · · Score: 0, Troll

    I think you accidentally ended up in an adult forum; BBC kids site is here; or try the daily mail.

    --
    "Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes
  27. Looks good at home by Uthic · · Score: 2

    I figure most Brits will be for this, even if it's just for them sticking it to the US.

    1. Re:Looks good at home by ciderbrew · · Score: 1

      I hope me and the other brits are for it. They'll sort out worse internet laws off the back of it, so it may not help in the long run.

    2. Re:Looks good at home by Chrisq · · Score: 1

      I figure most Brits will be for this, even if it's just for them sticking it to the US.

      Yea ... it does feel good!

    3. Re:Looks good at home by cyber-vandal · · Score: 1

      The US government that is, not the US in general which is full of very nice people.

    4. Re:Looks good at home by clickclickdrone · · Score: 3, Funny

      he US government that is, not the US in general which is full of very nice people.

      Too late, they're going to invade now anyway.

      --
      I want a list of atrocities done in your name - Recoil
    5. Re:Looks good at home by Anonymous Coward · · Score: 0

      The US government that is, not the US in general which is full of very nice people.

      The US government is the expression of the american people.
      You elect those fuckers, you're as bad as them.

    6. Re:Looks good at home by Anonymous Coward · · Score: 0

      YMBNH

    7. Re:Looks good at home by Anonymous Coward · · Score: 0

      Welp, fuck ya then. I hope McKinnon gets the chair.

    8. Re:Looks good at home by digitig · · Score: 1

      The very nice ones aren't.

      --
      Quidnam Latine loqui modo coepi?
    9. Re:Looks good at home by Anonymous Coward · · Score: 0

      Yes it's about time our 'Worth more than 4 time the nation averages wage' political class stop bending over and gave America the finger.

    10. Re:Looks good at home by Anonymous Coward · · Score: 0

      no chance, it would damage your pride you'd lose.

    11. Re:Looks good at home by RockDoctor · · Score: 1

      The very nice ones are mostly the ones with passports. The not-so-nice ones don't go abroad except when they don't need a passport.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  28. Re:A pity by khallow · · Score: 1

    The entire argument is, and always has been that he should be tried in the UK.

    From the article:

    The home secretary told MPs there was no doubt Mr McKinnon was "seriously ill" and the extradition warrant against him should be withdrawn.

    Mrs May said the sole issue she had to consider was his human rights.

    She said it was now for the Director of Public Prosecutions, Keir Starmer QC, to decide whether he should face trial in the UK.

    Mrs May said: "After careful consideration of all of the relevant material I have concluded that Mr McKinnon's extradition would give rise to such a high risk of him ending his life that a decision to extradite would be incompatible with Mr McKinnon's human rights. I have therefore withdrawn the extradition order against Mr McKinnon."

    That sounds to me like the extradition has been completely rejected whether or not he is tried in the UK for his alleged activities.

  29. Re:A pity by Twinbee · · Score: 1

    Try looking at the motive, rather than the 'damage done' (which is virtually none anyway, apart from embarrassment maybe). Motive is what counts if we are going to punish or lock up people.

    --
    Why OpalCalc is the best Windows calc
  30. What were his crimes? by petes_PoV · · Score: 5, Insightful
    His most heinous crime was to embarrass the US government and to show that the security on a lot of the defense computers was paper-thin to non-existent.

    On top of that, he demonstrated that it was simple, to the point of trivial to gain access to them and the information they contained. He was never going to be given a fair trial in the USA (as nobody who is extradited to the US ever gets - the cost of mounting a legal defence in the country makes that impossible) and was going to be part of a show trial to make an example of.

    The biggest tragedy in this whole sorry episode is that it went on for so long and the next biggest tragedy is that so many other people were extradited to the USA and became victims of it's imprisonment (I nearly said "justice") system.

    --
    politicians are like babies' nappies: they should both be changed regularly and for the same reasons
    1. Re:What were his crimes? by maroberts · · Score: 1

      Maybe this guy could tell you.

      Actually because of political infighting, new judges have not been appointed and existing judges are horribly overworked, leading to mistakes and delayed justice.

      Also, from a UK/EU standpoint, sentences are much harsher than are traditionally applied here. I grant that the US population is free to do what it likes in terms of its sentencing policy, but that policy makes it a hard sell over the pond.

      The solution to this would be simple, and that would be for McKinnon to stand trial in the US but be subject to UK sentencing levels for his alleged offences if found guilty. I believe its already a policy for prisoners to spend their sentences in jails of their home country, so a little diplomacy about the general issue could bring about a system where justice and public opinion is served.

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

    2. Re:What were his crimes? by KingMotley · · Score: 1

      Correct me if I am wrong, but all of Clive's work seems to prove that the Justice system is actually working.

      While I agree that political infighting can often delay justice, including a case waiting for justice for 10 years. That would be McKinnon's case. Unfortunately that is more of a UK political issue than a US one. The UK signed treaties with the US, and now politics are delaying his extradiction which is the exact thing the treaties were made to prevent. No one should have to wait 10 years to have his case tried.

      As for the sentencing, I'm sure his lawyer would bring that up in his case *IF* he is found guilty. You see we have a process in place for exactly what you are proposing. It's the judges ruling that determines the exact sentence. They take all kinds of things into consideration when deciding that, and while I am not a lawyer, the fact that he is a UK citizen with differing laws would almost absolutely be taken into consideration already. As a US citizen, I don't think the UK should expect nor demand that the US change its judicial system and procedures. You call it "diplomacy", but the same could be said of the opposite. The UK signed the extradiction treaties, now they can either follow through on their word, ignore it, or break it completely. Personally, I'd be fine with them either following through, or breaking it. Ignoring it and delaying it just puts egg on the entire UK's face. If they can't be expected to actually stick to the terms they agree to in treaties, what point there to actually having them in the first place?

    3. Re:What were his crimes? by Falconhell · · Score: 0

      Given the number of times I see Americans boasting about how people will be raped by bubba in their prisons, I wouldnt even send Americans to them. As for the ludicruous concept of electing judges...words fail me.

    4. Re:What were his crimes? by KingMotley · · Score: 1

      Who elects judges?

      I'm not sure of local ones, but Supreme Court judges are appointed, and federal nominations are approved by the senate.

    5. Re:What were his crimes? by Hal_Porter · · Score: 1

      The US system of recall elections for judges is perfectly reasonable. It means that if a judge makes a decision which the majority of people disagree with he or she will lose office at the next election.

      Something which - if you look at the UK press - is not exactly unknown to happen in the UK.

      --
      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;
    6. Re:What were his crimes? by tehcyder · · Score: 1

      On what experience or proof do you fling your crap over the pond on the US Justice system?

      Probably on the evidence of the crap talked by your legal/political spokesmen about him getting 60 years in jail for a minor offence. That is cruel and unusual punishment, and the fact that people in the US don't realise it is genuinely frightening.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    7. Re:What were his crimes? by heefeneet · · Score: 1

      Correct me if I am wrong, but all of Clive's work seems to prove that the Justice system is actually working.

      While I agree that political infighting can often delay justice, including a case waiting for justice for 10 years. That would be McKinnon's case. Unfortunately that is more of a UK political issue than a US one. The UK signed treaties with the US, and now politics are delaying his extradiction which is the exact thing the treaties were made to prevent. No one should have to wait 10 years to have his case tried.

      As for the sentencing, I'm sure his lawyer would bring that up in his case *IF* he is found guilty. You see we have a process in place for exactly what you are proposing. It's the judges ruling that determines the exact sentence. They take all kinds of things into consideration when deciding that, and while I am not a lawyer, the fact that he is a UK citizen with differing laws would almost absolutely be taken into consideration already. As a US citizen, I don't think the UK should expect nor demand that the US change its judicial system and procedures. You call it "diplomacy", but the same could be said of the opposite. The UK signed the extradiction treaties, now they can either follow through on their word, ignore it, or break it completely. Personally, I'd be fine with them either following through, or breaking it. Ignoring it and delaying it just puts egg on the entire UK's face. If they can't be expected to actually stick to the terms they agree to in treaties, what point there to actually having them in the first place?

      Seeing as the US has not signed the treaty it should be declared null and void, torn up, buried in peat for 3 months, dug up and sold as firelighters.

    8. Re:What were his crimes? by tehcyder · · Score: 1

      The US system of recall elections for judges is perfectly reasonable.

      No it isn't. If a judge can't do their job they should be sacked, but this should be following peer review by people who know what they're talking about, not some hysterical lynch mob who think he was too soft on a paedophile by not locking him up for a hundred years after castrating him, something.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    9. Re:What were his crimes? by Hal_Porter · · Score: 1

      What you mean is that judges should be able to give lenient punishments that Guardian readers approve of and Daily Mail and Sun readers disapprove of even though there are lot more Mail and Sun readers than Guardian ones.

      Maybe we should give up elections altogether and just have a government of Guardian readers.

      --
      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;
    10. Re:What were his crimes? by RockDoctor · · Score: 1

      the fact that he is a UK citizen with differing laws would almost absolutely be taken into consideration already

      Ah, so in accordance with the US government official's expressed plan, he'd be electrocuted ^H^H^H^H^H^H^H^H burned to death with 240V, not 110V?

      What magnanimity!

      What, magnanimity?

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    11. Re:What were his crimes? by RockDoctor · · Score: 1

      You missed out the stage of being lost and then found again. What sort of Vogon are you?

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    12. Re:What were his crimes? by RockDoctor · · Score: 1

      Maybe we should give up elections altogether and just have a government of Guardian readers.

      As a matter of fact, we most likely have a government of people who read Grauniad, Scum, Indescribably Boring, Daily Flail, Torygraph and others, as well as their constituency rag(s).

      In which order they read them is ... isn't a terribly good indicator of their inclinations. Of the 2 MPs I've known on a social level, one would read his favoured paper first in the daily pile and one would read it last ; different people, different strategies.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    13. Re:What were his crimes? by KingMotley · · Score: 1

      Seeing as the US has not signed the treaty it should be declared null and void

      Where'd you get that garbage from?

      http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aEgU_TIgfK1U&refer=home

  31. Re:A pity by martinux · · Score: 5, Insightful

    As someone who has lived with a person suffering from a debilitating mental health issue I hope I'm not the first to say, "fuck you". Your opinion displays a lack of compassion for someone who was being disproportionately hounded by those who wanted to hide their own ineptitude by making him an example.

    Mr. McKinnon was formally diagnosed. Your perception that he's some pretender looking for an escape is grossly judgemental. He and his representatives have repeatedly asked for a trial on UK soil.

    I hope someone more objective and compassionate than you stands up for your rights if they're ever in peril.
    I don't have karma to burn, I don't need a shield to be a decent human being.

  32. MacKinnon or McKinnon? by Anonymous Coward · · Score: 0

    I am not too familiar with Mc- and Mac- names but I thought it makes a difference in spelling in that the two can't be interchanged. I'm not trying to be the grammar police, I would just like clarification on this.

    1. Re:MacKinnon or McKinnon? by l_bratch · · Score: 2

      It should be Gary McKinnon. The /. headline is wrong.

    2. Re:MacKinnon or McKinnon? by Coisiche · · Score: 1

      I'm Scottish and am forever thinking while dealing with a name "Oh fuck, should that be Mc or Mac?"

      To be honest it's only people with a Mc or Mac surname that get really irate about it being wrong. But then I might have a more relaxed attitude about it because I am subjected to my forename (Iain) being misspelled on an almost daily basis.

    3. Re:MacKinnon or McKinnon? by RockDoctor · · Score: 1
      It appears so.

      Mea culpa ; I was sure that I'd checked that before submitting.

      (And living in Scotland, I know that there are people who get (moderately) irate about it. Which is why I'm sure that I checked it. In the wrong places, obviously.)

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    4. Re:MacKinnon or McKinnon? by RockDoctor · · Score: 1

      But then I might have a more relaxed attitude about it because I am subjected to my forename (Iain) being misspelled on an almost daily basis.

      I've been in meetings with 3 other people who apparently have the same name as me, but all with different spellings. Bloody vowels!

      It (wobbly spelling) is a feature of languages that have only relatively recently been put into writing in a more-or-less phonetic script. Cast your mind back to the hash you made of spelling when you were learning your French or German or Latin, until you got your "eye in" to it. (Spanish, I always found more precise about such things. YMMV)

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  33. Re:A pity by crazyjj · · Score: 3, Insightful

    Agreed. He is probably guilty, but he should be tried in the UK, for the crimes he committed THERE, not in the U.S. (where he's never even been).

    --
    What political party do you join when you don't like Bible-thumpers *or* hippies?
  34. Re:A pity by StoneyMahoney · · Score: 1

    EasyTarget, plz don't feed the trolls. He's provably ignorant of the facts and background of the case and he doesn't really have any excuse for it in this day and age. Just let him rant quietly in a corner about this one

    I'm not sure about the Daily Fail though, they seem to be supporting the decision. Who whudda thunk it? Oh, wait, they're waving the Jingoist Patriotism flag over this one, not the Balance of Justice flag. Shame, so close...

  35. Re:A pity by Hentes · · Score: 1

    And he will be tried for that of course. Just not extradited.

  36. Color me surprised by Anonymous Coward · · Score: 2, Funny

    Whoah, the British finally found some amount of courage ? Who knew, who knew. Maybe there's hope after all.

    1. Re:Color me surprised by 91degrees · · Score: 2

      It's not really courageous of this minister though. When the right wing and the left wing press are arguing for something, mixed with public pressure from a lot of tech-savvy people (who are actually pretty well organised for an ad-hoc collective), it requires more courage to say no to them than the US.

    2. Re:Color me surprised by Anonymous Coward · · Score: 0

      Whoah, the British finally found some amount of courage ? Who knew, who knew. Maybe there's hope after all.

      Courage? 73 years ago Britain stood alone against international facism on principal, the US only bothering to turn up once they were provoked. Don't talk to us about courage.

    3. Re:Color me surprised by Anonymous Coward · · Score: 0

      Courage? 73 years ago Britain stood alone against international facism on principal, the US only bothering to turn up once they were provoked. Don't talk to us about courage.

      Considering that for the last 25 years you've been the US's lapdog and whore in all but name yes, you certainly lack any courage to stand up for what's right. Just declare yourselves the fifty-first US state and be done with it.

    4. Re:Color me surprised by ciderbrew · · Score: 2

      That's what they want you to think. USAshire, former colony in name alone.

    5. Re:Color me surprised by tehcyder · · Score: 1

      It's colour with a "u", you unutterable oaf.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    6. Re:Color me surprised by RockDoctor · · Score: 1

      It's a transpondian barbarian ; just be thankful that his fleas haven't managed to get through the Internet Tubze to you.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  37. Re:A pity by 91degrees · · Score: 1

    Honestly if the US authorities had wanted him for some computer security violations, he'd probably have been sent over, tried and even if found guilty would be back in England having served his sentence by now, with little to no public fuss.

    The US authorities' insistence on throwing the book at anyone who makes them look stupid caused them more problems than it was worth, and the people defending him had been so zealous in their defence that they'd managed to convince themselves that he hadn't done anything wrong.

  38. Re:A pity by crazyjj · · Score: 2

    Exactly, a hacker should be tried in the country WHERE THEY ACTUALLY DID THE HACKING. That's pretty basic. I certainly wouldn't expect the FBI to put a U.S. hacker on a plane to the UK for hacking some server there. The crime was committed at a terminal in the UK, and that is where it should be tried.

    --
    What political party do you join when you don't like Bible-thumpers *or* hippies?
  39. Re:A pity by Simon+Brooke · · Score: 4, Insightful

    I've always thought that someone should be prosecuted in England for alleged crimes allegedly committed in England. The US may be the alleged victim in this case but I don't see that it has any other role.

    --
    I'm old enough to remember when discussions on Slashdot were well informed.
  40. Re:A pity by hack++slash · · Score: 0

    Dear Viol8,

    Fuck you, you ignorant arsehole.

    Sincerely.

    hack & slash



    P.S. I also have karma to burn.

    --
    To do something right, you often have to roll up your sleeves and get busy.
  41. Clearly Guilty by Roger+W+Moore · · Score: 5, Funny

    No one is saying he's innocent.

    Indeed - he is guilty of embarrassing the pentagon which might be a truly terrible crime in the US but is somewhat less so in the UK.

    1. Re:Clearly Guilty by Anonymous Coward · · Score: 0

      At last, the truth.

      So he is not guilty of anything important.

  42. Re:A pity by gl4ss · · Score: 1

    I very much doubt the damages were 800 000.

    --
    world was created 5 seconds before this post as it is.
  43. Re:A pity by beelsebob · · Score: 3, Insightful

    His defence wasn't "I have aspergers syndrome", it was "sorry, I cracked your system, looked around, did no damage, and then told you about it... I didn't realise it was a big deal because of aspergers."

    Frankly, his crime is akin to someone picking your locker door, and then going "look, you shouldn't store your wallet in here when you're swimming, it's not very secure". Sure, it's not a good thing to do, and sure it should get a slap on the wrist... But to turn this into the life imprisonment crime the US are making it out to be, and to extradite over it, is retarded.

  44. why by Anonymous Coward · · Score: 0

    are they still harassing this guy?

    1. Re:why by RockDoctor · · Score: 1

      Google for "define:vidictiveness"

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  45. I am happy with the decision, but not the grounds by Chrisq · · Score: 0

    If they had decided that it was because of the possible disproportionate sentence, or that the years of indecision had punished him enough then this would be fine. But a decision where "the sole issue she had to consider was his human rights", and the decision that "Mr McKinnon would be likely to take his own life if he was sent to face trial in the US" are bad news

    I am just glad that this decision was made after we got rid of Abu Hamsa. In the UK we have a lot of Muslims who want to destroy our society and impose Sharia law. They will gladly kill themselves to do so. What's the betting that the next load of Muzzie terrorists that are due for extradition say that they will commit suicide if they do? If they attempted a suicide bombing or something it would be very hard to argue that they would not really do it. This president could be a real problem.

  46. Who is the colony now? by Anonymous Coward · · Score: 0

    Oh the irony...

  47. Re:A pity by StoneyMahoney · · Score: 1

    Well, if you listen to the Justice Department, it's the biggest hack of all time*, ever ever ever, cross their hearts and hope to die. I'm glad we seem to be basing this on the motive of a man, taking into account his affliction with Asperger's.

    *This seems to imply that the Justice Department are denying anything bigger than this ever having happened to them. Yeah, right!

  48. The really interesting bit... by maroberts · · Score: 2

    is not that Gary McKinnon is not going to be extradited, but that judges will have some discretion to decide whether an accused person should be tried in the UK instead of extraditing that person abroad.

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

  49. Re:A pity by dintech · · Score: 4, Insightful

    Even if he has exaggerated his health reasons for blocking extradition, don't you think the U.S. authorities have exaggerated the damage he did? They definitely have prior form, just look at how they stitched up Kevin Mitnick. Bear in mind he was a U.S. citizen with constitutional rights. Imagine what they'd do to a foreigner.

    60 years is way over the top and a sentence that U.S. judges would have been likely to hand down given his efforts to "evade justice" by delaying extradition for so long. It's about time the U.K. started protecting it's own citizens from over-zealous foreign interference. U.S. citizens would demand the same of their government.

    He committed a crime in the U.K., it's always where he should have been tried. He would have served his time and been a free man long ago.

  50. Re:A pity by serviscope_minor · · Score: 4, Interesting

    Mrs May said the sole issue she had to consider was his human rights.

    Have you been actually following the topic for the last 10 years?

    I have.

    Repeatedly the argument has been that if he is to face trial it should be in the UK.

    Remember, though that legal cases are not argued by finding one good solid point like a debate, they are argued by covering everything to see what sticks. The fact that the current home secretary decided to latch on to one partiaspect of it does not detract to what has been the point for the last 10 years.

    The McKinnon family has made no attempt to prevent him from standing trial.

    They have only attempted to block his extradition.

    Randomly quoting bits from a politician who has been in a position of power for only a tiny fraction of the case is completely irrelevent.

    --
    SJW n. One who posts facts.
  51. Re:A pity by KeyboardWarrior90 · · Score: 1

    "Let the punishment fit the crime". This isn't about whether Gary McKinnon is innocent or guilty. I don't think anyone doubts the fact he committed a crime. The simple fact is that he (allegedly) hacked some computer systems causing some minor outages and copied some data. The total cost of fixing the problem was apparently $700,000. I don't know about you, but I personally think that a couple of years of prison is enough for that. There were no victims and $700,000 is a drop in the pond relatively speaking. The bankers have wiped billions off the global economy and I haven't heard of one of them facing a single day of jail. You could even argue that he did the US military a favour. The hack he used was trivial; if an enemy country (e.g. Iran) had done the same thing the consequences might not have been so benign. The security was a joke and it needed to be fixed. We need to stand up for our citizens and their rights. We shouldn't bend over and let foreign countries stick it to us just because we have to be whiter than white and abide by the rules to the letter. We have been doing a lot of that recently. If Gary McKinnon were extradited to the US he would face jail time more than an order of magnitude higher than our justice system had decided is reasonable. Furthermore, I frankly doubt he would get a fair trial. The US military would be pushing for revenge. The US has a long standing history of xenophobia and isolationism (usually masked as patriotism). It would be a question of burning the dirty foreigner at the stake. We shouldn't even have an extradition treaty with a country that has admitted they torture people.

  52. Re:A pity by wonkey_monkey · · Score: 1

    For example, getting off of the murder charge because you are a woman

    No, getting off on a murder change because you have a massive hormonal imbalance which causes you to become uncontrollaby violent.

    1981: Twenty-nine-year-old barmaid Sandie Craddock got off a murder charge after stabbing another worker to death when she pleaded diminished responsibility because of PMS. The judge accepted the argument that PMS was a mitigating factor in the incident because it turned Craddock "into a raging animal each month". A review of Craddock's diaries showed that each of her past 30 convictions and multiple suicide attempts occurred around the same time of her menstrual cycle. Craddock was found guilty of manslaughter, placed on probation and ordered to take progesterone treatment.

    Not saying the judge was right or wrong, but out of the three of us (you, me, and him) I'd say he's the one who's more carefully considered all the evidence.

    --
    systemd is Roko's Basilisk.
  53. Re:A pity by The+Pea! · · Score: 1

    You made a good point, little need for AC.

  54. Re:A pity by Anonymous Coward · · Score: 0

    He hacked into computer systems and caused no actual damage. The Pentagon asked hollywood accountants to come up with the quoted clean-up cost.

  55. Re:A pity by wonkey_monkey · · Score: 1

    Exactly, a hacker should be tried in the country WHERE THEY ACTUALLY DID THE HACKING.

    To play both Devil's Advocate and Captain Pedantic for a moment, you're talking about "where the accused was physically located," which is not the same as "where the crime is said to have occured" - especially once you get lawyers involved.

    If I shoot someone from across a border, where was the crime committed?

    --
    systemd is Roko's Basilisk.
  56. This may not be good for Assange. by Anonymous Coward · · Score: 0

    Has a deal been done?

    1. Re:This may not be good for Assange. by ciderbrew · · Score: 1

      yes. I think he belongs to Sweden, we just can't pop into the building and get him out.

  57. No evidence, no extradition by Anonymous Coward · · Score: 5, Informative

    In public rhetoric they claims McKinnon is a cyber-terrorist, who committed the biggest military hack of all time and did a million worth of damage, and left the US at risk.

    In terms of evidence they offered, they offered nothing. Zip.

    Nobody should be extradited without evidence. He's not a cyber-terrorist, the USA isn't facing cyber-pearl-harbor, they talked up his case a lot but they offered no evidence of any of it. Under that circumstance he should be extradited.

    However, the UK-US extradition law doesn't require evidence of a crime, the US can say "We want Bob Smith, he's 6'2", blue eyes, last lived at 32b The High Street, Slough", "we want him for murder", "murder is a crime in the US serious enough to use the expedited extradition". But they don't have to offer any evidence that "Bob Smith" murdered anyone. It's not part of the extradition on the UK to US leg, the other way around, US to UK, the Americans insist on evidence showing that Bob Smith actually did murder someone.

    Because the evidence isn't part of the extradition, Bob can't challenge it. Being innocent is no defense against extradition under this treaty. Innocent or guilty the treaty makes no distinction. Which is why no-one should be extradited under this.

    The Parliament investigation explains in details the problems with it:

    http://www.publications.parliament.uk/pa/jt201012/jtselect/jtrights/156/15608.htm

      189. Mr David Bermingham, argued that:

    "if you are a United States citizen who is wanted for extradition by the United Kingdom, you have an absolute right to a hearing in a United States court where you can challenge the evidence that has been put in front of the court and present evidence of your own. If, by contrast, you are a United Kingdom citizen or somebody ordinarily resident here who is wanted by the United States, you have no such right."[195]

    190. In Mr Bermingham's opinion, the UK extradited people to the US "without so much as a scrap of evidence being put in front of a UK court" which was "a grave disservice to our citizens and other people who may be the subject of extradition."[196]

    195. Article 5(3) creates a two-fold problem because it allows the extradition of individuals on the basis of evidence which the CPS has deemed insufficient to prosecute in this country and the extradition of individuals where the CPS has decided there is no public interest in prosecuting.

    1. Re:No evidence, no extradition by ciderbrew · · Score: 0

      +1 the above

    2. Re:No evidence, no extradition by Anonymous Coward · · Score: 0

      In terms of evidence they offered, they offered nothing. Zip.

      WTF? He admits to the crimes they want to try him for. Now he's depressed because he's going to go to jail for his crimes and you want to let him free. Crazy.

    3. Re:No evidence, no extradition by caluml · · Score: 1

      Apparently, this is where the 6'2" Bob Smith lives. http://goo.gl/maps/1wGxN. That might be his daughter leaning against the pillar, texting. She'll be very upset if he's extradited. Wonder who he murdered? I mean allegedly murdered.

    4. Re:No evidence, no extradition by Anonymous Coward · · Score: 0

      I don't believe the US has ever extradited one of its citizens, they even allow military force to extract US citizens from the International Court of Justice in The Hague:

      From: http://en.wikipedia.org/wiki/United_States_and_the_International_Criminal_Court

      "In 2002, the U.S. Congress passed the American Servicemembers' Protection Act (ASPA), which contained a number of provisions, including prohibitions on the United States providing military aid to countries which had ratified the treaty establishing the court; however, there were a number of exceptions to this, including NATO members, major non-NATO allies, and countries which entered into an agreement with the United States not to hand over U.S. nationals to the Court (see Article 98 agreements below). ASPA also excluded any military aid that the U.S. President certified to be in the U.S. national interest. Limits on military assistance have been repealed, as outlined below.
      In addition, ASPA contained provisions prohibiting U.S. co-operation with the Court, and permitting the President to authorize military force to free any U.S. military personnel held by the court,[29] leading opponents to dub it "The Hague Invasion Act." The act was later modified to permit U.S. cooperation with the ICC when dealing with U.S. enemies. It has been argued that the act was a measure created to protect Americans from ICC jurisdiction or prosecution"

      It seems US citizens (at least those in the military) are above international law.

    5. Re:No evidence, no extradition by Anonymous Coward · · Score: 0

      Well said.

      People are still trying to claim the extradition agreement is mutually beneficial to the UK and US.

      I don't think I see any evidence of benefit to the UK

  58. Re:A pity by crazyjj · · Score: 1

    If I shoot someone from across a border, where was the crime committed?

    Where the person pulled the trigger and actually committed the crime, unless you think getting shot is a crime too.

    --
    What political party do you join when you don't like Bible-thumpers *or* hippies?
  59. Re:A pity by Anonymous Coward · · Score: 0

    He embarassed the US military, he should be given a medal for that.

  60. Re:A pity by mcgrew · · Score: 5, Insightful

    I'm fed up of seeing people abuse provisions that are put in place to protect those with genuine medical/pschological needs and getting away with it.

    I've never met the man, have you? Odd how you can diagnose a person as "sane" with no medical background and never having met him. Personally, I tend to believe the medical professionals who actually studied medicine and who actally had face to face contact, rather than from some stupid newspaper reporter.

    TLDR: Why do you doubt the diagnosis of a health professional?

  61. Re:A pity by Meneth · · Score: 1

    No one is saying he's innocent.

    He's not convicted yet.

  62. you just don't know what his defence is by Anonymous Coward · · Score: 0

    His defence was that there was no case to answer for.

    The case had been plumped up so that it fell within the parameters of the extradiction orders.
    The crime he was accused of was changed to one that DID NOT EXIST at the time of the crime (no post facto law) to pass that parameter for the extradition orders.
    The act had been looked at by the UK court prosecutors and they did not see a case worth prosecuting.
    The extradition treaty does not require the USA to hand over ANY evidence for their claims, claiming it is all they need do. Verification is unnecessary. And this is a breech of his human rights.

  63. Re:A pity by StoneyMahoney · · Score: 0

    Hear, hear!

    Oh, for a mod point right now.

  64. Re:A pity by qbast · · Score: 1

    What's the problem? Put him in isolation room with constant suicide watch for duration of sentence. Just like did for Bradley Manning. I believe this would actually decrease suicide risk to well below average.

  65. Re:A pity by JosKarith · · Score: 2

    To use your analogy this is like trying to have said mugger extradited to America to stand in front of Hangin' Judge Parker because the victim was an American tourist rather than have the little scrote be sentenced in a UK court.

    --
    'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
  66. Ah the irony by Viol8 · · Score: 0

    Ah , standard defeated liberal retort #5. Imply other person is stupid and/or childish and has no idea of the facts.

    Do try to be a bit more original instead of cut and pasting from the usual script.

    1. Re:Ah the irony by Anonymous Coward · · Score: 0

      I think that retort is used equally by both liberals and conservatives. If you think it is used more by one than the other, that is likely to be evidence of your own bias. Unless you have objective empirical data of course?

    2. Re:Ah the irony by tehcyder · · Score: 1

      How come if you're from the UK you use "liberal" as an insult/description? I've only ever heard that from a US right wing nutbag. UK right wing nutbags tend to use "lefty" as in "trendy lefty". "Liberal" in the UK is more specifically used for membes of the LibDems, or possibly as in classic "liberal" economics.

      So either you're not from the UK, or you have been hanging around right wing nutbag websites in the US too long.

      Just sayin'.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
  67. Re:I am happy with the decision, but not the groun by Kupfernigk · · Score: 2
    I presume you mean "President Romney".

    Seriously, your straw man won't stand up for a microsecond. If Muslim terrorists in the UK managed to lob a missile to the US, they could be tried in this country and the question of extradition to a country with a backward judicial system would not arise. Even with Abu Hamza, the real issue is whether the US has got a case or not. The suspicion is that, just like the invasion of Iraq, they are just thrashing around trying to find someone they can punish for something - a popular mode of expression in the more backward parts of the US, from where we get "Lynching".

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
  68. Re:A pity by Coisiche · · Score: 1

    I'm a UK citizen

    By birth? Or did you move here? Not a great advert for our education system if you were raised in it.

    HIs defence played the old suicide card

    As pointed out by many that argument was used against extradition. I can't see it having much sway as a defense in the criminal case that will follow.

  69. Re:A pity by teg · · Score: 1

    I'm a UK citizen and I have little sympathy for him. HIs defence played the old suicide card with a side serving of poor-little-me aspergers sufferer. As if that somehow makes him innocent of his crimes. If thats alls that needed to get someone off going to prison then most prisons would be empty.

    This sends a very bad message. And yes, I know I'll get modded down for this by all the self righteous teen keyboard warriors but I have karma to burn to knock yourselves out.

    Why is a Brit extradited to the US anyway, for a possible crime committed in the UK? If I did something stupid in Norway, I'd expected to be tried here with Norwegian laws, judges and sentences. I'm pretty sure the US does not extradite it's own citizens for crimes done in the US...

  70. Re:A pity by wonkey_monkey · · Score: 1

    unless you think getting shot is a crime too.

    I don't think the crime as committed by the criminal and the crime as suffered by the victim are quite so inseparable. What if the criminal stabs their victim with a long stick over the border? Or sends a robot over to do the dirty work? Or sets a bomb on a timer while they're in country A, goes back to country B and chooses not to remotely disarm it once they're there? Ridiculous examples, of course, but I do think it's too simplistic to declare that wherever someone happens to physically be is where the crime was committed ("when" also being subject to the whims of lawyers and prosecutors in some cases).

    --
    systemd is Roko's Basilisk.
  71. Re:A pity by Anonymous Coward · · Score: 2, Informative

    I think that's how everyone sees it. Except for the Americans who want to impose their law everywhere.

  72. Why he hacked: Looking for alien conspiracies by the_newsbeagle · · Score: 1

    "McKinnon claimed that UFOs were the reason for his hack. Convinced that the government was hiding alien antigravity devices and advanced energy technologies, he planned to find and release the information for the benefit of humanity. He said his intrusion was detected just as he was downloading a photo from NASA's Johnson Space Center of what he believed to be a UFO." http://spectrum.ieee.org/telecom/internet/the-autistic-hacker/0

  73. Re:A pity by Captain+Hook · · Score: 3, Insightful

    So now his sentence is solitary confinement for accessing a computer which had no security on it?

    --
    These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
  74. Re:A pity by clickclickdrone · · Score: 1

    I'm pretty sure the US does not extradite it's own citizens for crimes done in the US

    It's certainly a little lopsided. http://www.bbc.co.uk/news/uk-politics-17553860/

    --
    I want a list of atrocities done in your name - Recoil
  75. Re:A pity by tubs · · Score: 1

    Theresa May only had a certain frame of reference for blocking the extradition - that he should be tried in the UK is not one, and indeed two people have been extradited to the US in the last two weeks for websites created and run in the UK.

    One way to block the extradition was on the grounds of illness, again, in the last two weeks one person has been extradited to the US even though he had medical certificates saying that he was a suicide risk.

    Of course, the difference is that they were nutty muslim terrorists with hooks and eye patches,and not white middle class aspareger syndromes sufferers.

    --

    try to make ends meet, you're a slave to money, then you die

  76. Hard to keep seperate issues seperate by SmallFurryCreature · · Score: 1

    A lot of people seem to think this is a good result because they don't think hacking should be outlawed, or they hate the US or think the US has to harsh a penal system.

    The real fact however is that because a person claimed that Asperger would cause him to commit suicide, escaped facing trial a healthy person would have had to face for his actions.

    I don't like the idea of 'get out of jail free' cards. I remember a case were a woman killed her husband and claimed temporary insanity because of her period. Fine, so her cycle makes her insane, so let her out of jail for murder. Just lock her up every month to prevent any more murders.

    Oh wait, your disability/insanity/illness/bad drug use effect ONLY applies the once, not for the rest of your life? I see.

    In Hollland we got something called TBS (Ter Beschikking Stelling/To be made available) it is sentence given to crazies on top of or instead of a prison sentence and it is basically forced mental care. And where prison sensentences have a fixed time (we do got real life sentences in Holland) TBS can last until a doctor says your fit to be returned into society. It is NOT a nicer option then jail no matter what people think.

    If you suffer the disability of being blind in one eye, you can't drive a car. Plain and simple. Disability you can't help nonetheless has a permanent consequence to protect yourself and others.

    If you are mentally unfit to make financial deals, you are protected by being able to have contracts undone BUT society is also protected from you by the consequence of you being placed under supervision of a caretaker so you can no longer enter into contracts on your own.

    Action => consequence.

    But this guy did something and now wants not to suffer the consequence. He is saying "people with asperges shouldn't be sent to America". Not people in general, just not him, because he is special. Not so special that his Aspergers should have any consequence for him, like being barred from using a internet connection, not his disability should only give him a get out of jail free card and nothing more.

    And that don't sound right.

    If nothing else, it is a slap in the face of everyone with far more serious issues who don't go breaking the laws. I just don't like twats getting away with things because they throw a hissy fit and all the cry babies rush over to sooth him.

    Simple sentence, community service and supervised internet access until he can prove he won't be acting like an ass again. No doubt this will be protested because people with Aspergers shouldn't be forced to have supervised internet access to ensure they behave. It should just be used to stop them from having to face the consequences of their actions.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Hard to keep seperate issues seperate by SleazyRidr · · Score: 3, Insightful

      Simple sentence, community service and supervised internet access until he can prove he won't be acting like an ass again.

      Actually this is pretty much what he's asking for. He wants to be tried in the UK (as he was a UK citizen commiting the "crime" in the UK.) The authorities want to ship him to the US where he would face 60 years in jail, which is a ridiculous sentence for anyone.

    2. Re:Hard to keep seperate issues seperate by Falconhell · · Score: 0

      I only hate 2 things racial intolerance and the Dutch.

    3. Re:Hard to keep seperate issues seperate by RockDoctor · · Score: 1

      In Hollland we got something called TBS (Ter Beschikking Stelling/To be made available) it is sentence given to crazies on top of or instead of a prison sentence and it is basically forced mental care. And where prison sensentences have a fixed time (we do got real life sentences in Holland) TBS can last until a doctor says your fit to be returned into society. It is NOT a nicer option then jail no matter what people think.

      There is something broadly similar in the UK ; actually, there may be a couple of different routes to something essentially similar (IANAL) when you're detained or supervised until you've demonstrated to (several) doctors that you're no longer mad, bad or stupid, and that they think you're unlikely to relapse. Then you're released into the community (not a valid concept in America, by all accounts coming out of America, by Americans), typically under some degree of supervision. There is also, normally, a provision in the sentencing instructions to the effect that "you do something bad; you go back to jail, no further trial necessary".

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    4. Re:Hard to keep seperate issues seperate by KingMotley · · Score: 1

      (not a valid concept in America, by all accounts coming out of America, by Americans)

      As an American, I can say that isn't true. Almost every American has heard of the "insanity plea", which is pretty much what you describe. In American terms, a typical sentence may be to be confined to a "Mental Institution" for x time period or until "you're cured". This is sometimes/usually/often followed by probationary period in which you are released back into society but you must report to a probation officer (often by phone or mail) every week or month depending until your probation is over. This may or may not be coupled by being released into someone's custody (A parent/friend/relative/social worker) who is sort of responsible for easing your transition back into society (provide shelter, food, clothing, etc) and they are somewhat responsible for you during that time.

    5. Re:Hard to keep seperate issues seperate by RockDoctor · · Score: 1
      According to the advertising that is sent to the outside world, made in America, by Americans, and probably for American consumption, if you survive being shot on sight by a police office (in justifiable fear of her/his life on account of the freedom of guns), then you go into a SuperMax jail until you die, then you fertilze the (infertile) soil. But that is advertising by Americans, about Americans, for Americans. You claim to be na American, so why is it wrong?

      (Oh, what, advertisers tell lies, and don't expect consequences? Meh.)

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    6. Re:Hard to keep seperate issues seperate by KingMotley · · Score: 1

      According to the advertising that is sent to the outside world, made in in the UK, by UKians, and probably for UK consumption, when the national pastime was changed to shagging their pets, a new type of carpetting was invented in the UK because the short haired carpet was too hard on the knees when UKians were shagging their pets. A longer haired carpet was made so that all UKians could shag their pets without worrying about their knees, and hence was given the name shag carpeting.

      Now get off my shag carpeting.

    7. Re:Hard to keep seperate issues seperate by Anonymous Coward · · Score: 0

      It would be a waste of taxpayers money to prosecute him in the UK. Let's not bother.

      Like it would be a waste of money to bother putting passwords on our secure servers.

      I don't hate the US, but I think the people claiming it is the biggest military hack ever, could have set up a few passwords. They didn't. Have there been any prosecutions of US citizens for failing to set up security properly. Negligence?

  77. Re:A pity by Golddess · · Score: 1

    I'm fed up of seeing people abuse provisions that are put in place to protect those with genuine medical/pschological needs

    Genuine according to who? I've admittedly not been following this too closely, but I was under the impression that actual, certified doctors have said that he has a genuine medical/psychological condition. Do you have a problem with the diagnosis itself? The particular doctors who made the diagnosis? The regulatory body they report to? Or do I just have the wrong understanding?

    --
    "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
  78. Re:A pity by Anonymous Coward · · Score: 0

    Yes, but under the new World Order, "If you've committed a crime in the UK then you should be tried in the UK, unless the Americans want to be involved in which case it happens however they would like"

  79. mitnik...? by Anonymous Coward · · Score: 0

    was found guilty of like 4 grand theft in the end. less then the value of most used cars

  80. Re:A pity by Spottywot · · Score: 1

    I very much doubt the damages were 800 000.

    It may however have cost them approaching that to properly secure their systems in the wake of the incident.

    Also I never thought I'd say the words 'Theresa May made a good decision for a change', I'm sure it won't happen again.

    --
    In a cybernetic fit of rage she pissed off to another age...
  81. Re:A pity by wisnoskij · · Score: 1

    Yes, but massive hormonal imbalances are par for the course for being a woman.

    --
    Troll is not a replacement for I disagree.
  82. Re:A pity by Anonymous Coward · · Score: 0

    "U.S. citizen with constitutional rights"

    which bit of the constitution says that the rights are for US citizens only? they're inalienable rights, they apply to me (a UK citizen) as much as they do to a US Citizen, when I'm in the US.

  83. Re:A pity by abigsmurf · · Score: 2

    I've lived my life with a condition that very few have even heard of and those that do tend to know it vaguely offensive monikers ("mild retardation", "clumsy child syndrome") that made my childhood pretty difficult and schools refused to even get me tested until late into my school life. But regardless, I hate people who use "my brother died that way..." points to win arguments. It's unfair and pointlessly turns them emotional.

    For such a debilitating condition, he'd managed to live for 35 or so years with it with no diagnosis and had a stable job as a systems administrator. He only got the diagnosis after it became apparent it would be helpful for his appeal. Not only that, the people who diagnosed him were high profile and very media savvy doctors who would gain a lot promoting Aspergers, especially if they appeared in all the media as "the leading expert".

    I think he should be tried on British soil but it's because he committed the crime on British soil, not because of his diagnosis.

  84. Re:A pity by the+eric+conspiracy · · Score: 1

    What everyone seems to be missing is that the answer to this lies in the terms of the extradition treaty between the two countries.

    Clearly that treaty allows for the extradition of people who commit crimes against the US to the US for trial and possible punishment.

    The Home Secretary is taking a rather extraordinary action by overriding a court decision in this case. Of course it won't amount to much given the relationship between the two countries involved, except perhaps a bit of tit for tat.

    As far as the concerns about Asperger's and suicide, clearly the treatment of the suspect could be a subject of negotiation if this is a concern. I have a son who has Asperger's, and from reading the literature the general understanding is that the tendency for suicide generally is elevated do to co-morbidity with other factors - which haven't been talked about in this case. It would be interesting indeed to know if this is a factor, or that Asperger's alone is being waved around when it may not actually be a real concern, but rather being used as an excuse for political gain.

  85. Meanwhile... At the Ecuadorian Consulate by Anonymous Coward · · Score: 0

    A whistle-blower is holed up because he will be extradited to the US, where they will lock him up, torture him and then throw away the key.

  86. Re:A pity by Vaphell · · Score: 1

    nobody cares what the constitution says nowadays.
    Either way, do you remember that stink related to provisions of NDAA which allow the govt to detain Americans indefitely? Or the stink related to the assassinations of American citizen Al-Awlaqi and his 16yr old son, also American citizen, ordered by Obama administration?
    Nobody bats an eye in case of suspected terrorists rotting in Guantanamo and brown peons killed daily by the drones, so apparently 'Muricans do see the difference - there are them, the chosen nation, and then there's the rest of plebes.

  87. Re:A pity by Custard+Horse · · Score: 2

    Of course, the difference is that they were nutty muslim terrorists with hooks and eye patches,and not white middle class aspareger syndromes sufferers.

    Quite right. The extradition treaty was for dealing with terrorists. McKinnon is not a terrorist.

  88. Re:A pity by Anonymous Coward · · Score: 5, Informative

    Sorry, the constitution does NOT apply to foreigners in the US.

    I am an immigrant (legal) and the documents specifically state that I am not allowed to present myself as a US Citizen since many constitution protections do not apply to me:

    Second Amendment – Right to keep and bear arms
    Fourth Amendment – Protection from unreasonable search and seizure - DHS and other police forces are allowed to seize and search me at any time
    Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel - DHS trials are closed to the public, no jury, can last well beyond the time your alien status expires (at which point you have to leave and the case is closed) and decisions made by a DHS judge on my status as an alien resident cannot be challenged by state or federal judges.

    Besides that I do not have the right to vote or seek political office on a federal level.

    The same fate is slowly coming for US citizens as well and it has already started in airports and anywhere within 100 miles of an international border or airport.

  89. Re:A pity by shortscruffydave · · Score: 1

    So now his sentence is solitary confinement for accessing a computer which had no security on it?

    You make it sound like the fact that the computer had no security on it makes it OK to access it. Fundamentally, accessing the computer was wrong - maybe an embarrassment for the computer owner, but unauthorised access is unauthorised access, You could extend that logic to say it's OK to mug little old ladies because they're defence-less and open to attack. A crime is a crime is a crime, regardless of how hard to have to work to perpetrate it.

  90. Re:A pity by dsmithhfx · · Score: 0

    He deserves a medal and a hearty thanks from U.S. taxpayers, for publicly exposing the criminal stupidity and incompetence of the Pentagon.

  91. Re:A pity by StoneyMahoney · · Score: 2

    Aspergers can go a very long time without diagnosis, and I don't think that this was a "diagnosis of convenience". The three doctors are all highly rated professionals and it's unlikely they'd all stake their professional reputations and risk being struck off the medical register or prosecuted for giving false evidence just for one guy, however David-vs-Goliath this case is.

    However, it is quite depressing that it's become such a lynch-pin in this case when the real issue is how the hell we got into this position where our extradition treaty with America is so unbalanced, and we're so willing to send one of our own nationals to be made an example of with such awful trumped-up charges.

  92. Re:A pity by FireFury03 · · Score: 3, Insightful

    I think that's how everyone sees it. Except for the Americans who want to impose their law everywhere.

    And the British politicians who agreed to an extremely one-sided extradition treaty with the US (and today, in parliament, a number of MPs defended the treaty as "fair").

  93. Re:A pity by StoneyMahoney · · Score: 2

    Oh, we're quite sure he did it. That we know, he told us. But the charges he would be looking at in the States are up to 70 years, and we're not legally allowed to extradite anyone to a country where they may face "cruel or unusual punishment". 70 years for a minor, damage-less hack of a totally insecure system? Hmm, let me think...

  94. It was the right choice by thetoadwarrior · · Score: 1

    The US can go pound sand.

  95. Re:A pity by Golddess · · Score: 1

    but unauthorised access is unauthorised access

    Is it unauthorized access if the computer owner authorized access to everyone and their dog, even if they didn't realize they did? Why?

    You could extend that logic to say it's OK to mug little old ladies

    A person being defenseless is not the same thing as that person welcoming any and all actions against them. And no, the little old lady choosing to calmly follow the mugger's instructions because she realizes what would happen if she tried anything does not count as welcoming any and all actions against her.

    --
    "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
  96. Re:A pity by 91degrees · · Score: 1

    Isn't "cruel and unusual" or rather "inhumane and degrading" to be taken on absolute terms though, rather than relative to the crime?

  97. USA can't evolve by bussdriver · · Score: 1

    I have made little progress just discussing ideas with my countrymen and if I mention the idea is from Europe then I'm doomed from the start. I don't know why we have to dismiss everything more civil nations do; or merely dismiss something "foreign" and these are just ideas, facts, or logic which can have no ownership or nationality (despite the "IP" idiocy.)

    We only have crime here and we have a broken legal system based upon terrorizing defendants to the benefit the legal profession. Crazy acts do not exist here. Some "crimes" are just insane and we really should reclassify many of our crimes as acts of insanity; possibly creating a separate system to manage them. In the USA we removed most our "nuthouses" and put "evil criminals" in jail with everybody else. It is not civil to lock up an antisocial person next to somebody who ate his neighbor; or in this case, next to an unsocial Asperger's guy who is harmless to society. His punishment here is not likely to be fair or cost effective or rehabilitating.

    His actions embarrassed the USA so like Wikileaks he must be made an example of; his actions and intent was not harmful but in either case he was beneficial in the grand scheme. He not only shows the security holes but if he found something worth leaking he'd be doing society a service. His intent was to enter illegally and gather info; that is a crime but it is not the cold war spying the extreme laws were created for. Not that we can expect reason to enter our legal system now... they'll terrorize him with idiotic claims hoping he'll settle with something about on par and then give him the max.

    In the USA they do not have equal punishment (just look up the racial stats) and 1st timers get it worst of all because they must be "made an example." This guy is positioned to be robbed of proper justice besides the fact the US system is just broken. This guys "crime" is the internet version of trespassing or "breaking and entering" although he didn't break anything, he just entered. A 6 month max crime here if you are a nun setting foot onto a military base (it happens more than you'd think.) He didn't do much actual harm nor is there evidence he had motive to do any such things.

    Asperger's in the USA is only something parents pay to get their kids so they can get alternative treatment for their brat in school; any kid with specialize attention will do better in school. Everywhere else they dismiss that stuff as psycho-babble and you don't get jack unless there is a DRUG then it gets as much attention as it is profitable to do so... this means we have dangerous people running free so they can buy expensive drugs they can forget to take.

    The Aspergers defense is just a typical slimy lawyer trick to exploit ignorance. If it was any defense it would be for his motives; although, forcing him to be social all the time would be extremely uncomfortable - like putting a normal person into a jail cell with limited social contact.

  98. The real reason that they wanted him... by Alain+Williams · · Score: 1

    Theresa May is to be congratulated for her decision to not extradite Gary McKinnon to the USA. The real reason that the USA wanted to put him on trial is because he embarrassed them.

    Mr McKinnon did not cause any damage to the Pentagon systems or take really sensitive information. He got into the Pentagon's computers by guessing passwords, many that worked were manufacturers' default passwords that had not been changed. What he did was the equivalent of walking down a street gently twisting front knobs to find a door that was unlocked.

    Setting good passwords is the first thing that anyone with any clue about security will do. That the passwords were so easy to guess is astounding and makes me wonder about the quality of Pentagon staff. The claim that he cost them one million dollars is specious since they should have done this work in the first place.

    The USA should not be castigating him but thanking him for showing them their poor defenses before someone really malicious broke in.

    What Mr McKinnon did was wrong, that is without doubt. But the penalty was too high; the USA would not have played fair.

    I make no comment on Mr McKinnon's condition of aspergers or the report that he would commit suicide; I do not consider those really relevant to the injustice that the USA would have done to him - as revenge for showing that their systems staff at the Pentagon are incompetent idiots.

  99. Re:A pity by rhsanborn · · Score: 2

    Ask foreigners who are being detained without trial how the constitution applies.

  100. McKinnon is very lucky ... by Anonymous Coward · · Score: 0

    he has a suitably low melanin content in his skin. An essential, though not sufficient, quality to ensure 'fair' treatment.

  101. Re:A pity by sumdumass · · Score: 1

    Maybe we can organize giving him one while he serves his prison term. I mean there have been stranger things to happen like Nobel Peace Prize winners with an active Kill List.

  102. Re:A pity by shutdown+-p+now · · Score: 1

    I'm also a legal immigrant in US, and you're wrong.

    Second Amendment – Right to keep and bear arms

    NRA and SAF have sued the State of Washington for refusing to issue firearm licenses to aliens in 2008. The state has backed down, which is why I have an AFL and am able to own firearms. Other states still have similar restrictions on the books, and they're also being sued over it (e.g. Missouri, New Mexico). It's one of those cases where the right is there, but we need to fight to get it fully respected, and people are working on it.

    Fourth Amendment – Protection from unreasonable search and seizure - DHS and other police forces are allowed to seize and search me at any time

    Not really. They can demand your immigration papers, and if you cannot provide sufficient evidence of your status, they can hold you until they ascertain that, but they can't just randomly search you or your house.

    Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel - DHS trials are closed to the public, no jury, can last well beyond the time your alien status expires (at which point you have to leave and the case is closed) and decisions made by a DHS judge on my status as an alien resident cannot be challenged by state or federal judges.

    The 6th begins with "In all criminal prosecutions ...". DHS trials are not criminal prosecutions.

    Besides that I do not have the right to vote or seek political office on a federal level.

    That is one of those few bits in the Constitution where it explicitly reserves the right to citizens (and not to the "people"). This is as it should be - the whole point of citizenship is that it gets you the ability to take part in running the country.

  103. Re:A pity by sumdumass · · Score: 1

    Is it unauthorized access if the computer owner authorized access to everyone and their dog, even if they didn't realize they did? Why?

    You cannot really "authorize" something without knowing it. To authorize is to consent to permission and it requires an active foreknowledge.

    But, this can get cloudy depending on the circumstances. You forget to lock your door, does that invite anyone walking up to it to enter your home? You own a shop and close down but forget to lock the doors, does that make someone a criminal who comes in looking for a pack of gum and some beer 20 minutes after close. If someone doesn't use normally accessible paths to normally accessible services, you cannot really argue authorized because you cut across something or knew to look in the bedrooms for the valuable stuff.

    A person being defenseless is not the same thing as that person welcoming any and all actions against them. And no, the little old lady choosing to calmly follow the mugger's instructions because she realizes what would happen if she tried anything does not count as welcoming any and all actions against her.

    Accessible does not automatically mean welcoming any and all actions against them. When I open the curtains to my windows in the back yard, anyone in the back yard could see in them. However, that is not an invite for you to trespass and look into them at night when no one is watching.

  104. Re:A pity by msobkow · · Score: 1

    It says "We the People", not "We the Citizens."

    Just because recent administrations have gone tromping all over the Constitution of the US in their zealous pursuit of supposed terrorists since 9/11 does not mean such legislation is legal under the auspices of the Constitution.

    The US is not the country it once was. It abandoned it's Constitution following 9/11. An absolute master stroke of manipulating the feat of the population into an abdication of their rights.

    Fools.

    --
    I do not fail; I succeed at finding out what does not work.
  105. Re:A pity by msobkow · · Score: 1

    Fear not Feat! *LOL*

    --
    I do not fail; I succeed at finding out what does not work.
  106. Re:A pity by Anonymous Coward · · Score: 0

    It didn't advance the discussion in any meaningful way, why pollute the +2 space.

  107. Re:A pity by TubeSteak · · Score: 1

    Sorry, the constitution does NOT apply to foreigners in the US.

    The Constitution says "citizen" or "the people" when it means citizen and says "person" when it means anyone/everyone else.
    Consider re-reading the constitution + amendments with all those words highlighted.

    The 2nd Amendment issue has been litigated and the conclusion was "citizens only".
    The 4th Amendment issue has never been directly litigated by SCOTUS, but they have tangentially stated that there is no reason it wouldn't apply.
    The 6th Amendment issue has been litigated and the conclusion was "applies to everyone" (in the country)
    --INS/DHS/ICE deportation proceedings are not covered because they are civil cases, not criminal trials.

    And in the interests of being complete, the relevant portion(s) of the 3rd, 5th, 7th, 8th, 13th, and 14th Amendments also apply to "persons", regardless of their immigration status.

    --
    [Fuck Beta]
    o0t!
  108. Re:A pity by Anonymous Coward · · Score: 0

    And they will more than likely hit Eire instead. There is a reason why the US prefers the RAF to do all low level precision bombing.

  109. Re:A pity by Anonymous Coward · · Score: 0

    perhaps, At least the food they impose upon the rest of the world due to Imperialism will be more palatable than American cheese, beer and MAC D's

  110. Re:A pity by Kalriath · · Score: 1

    Perhaps New Zealand might grow a backbone with respect to extradition to the US now.

    --
    For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  111. Re:A pity by Kalriath · · Score: 1

    You're right. Page Not Found is pretty lopsided - did the UK extradite it?

    --
    For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  112. Re:A pity by Golddess · · Score: 1

    You forget to lock your door [...]

    More like you don't realize that there are no doors, and there's a giant sign out front in a language you don't understand that is inviting everyone and their dog inside.

    Accessible does not automatically mean welcoming any and all actions against them.

    Um, I never said it did.

    When I open the curtains to my windows in the back yard, anyone in the back yard could see in them. However, that is not an invite for you to trespass and look into them at night when no one is watching.

    So anyone who has already entered your yard, a yard which I am guessing displays no invitations to authorize access to strangers, would be able to see inside your house. I'm not really sure how this is comparable. Maybe if your yard had some giant East Asian sculpture that you did not realize was a sign meaning "travelers, come stop here!", but I'm guessing it doesn't.

    --
    "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
  113. Re:A pity by khallow · · Score: 1
    Of couse, I haven't been following the story for the past ten years. I'm just pointing out what's actually in the article. Thank you for the elaboration.

    Randomly quoting bits from a politician who has been in a position of power for only a tiny fraction of the case is completely irrelevent.

    I'll just note her opinion ceases to be irrelevant when she has and uses her power to block extradition. That might not end the saga, but it sure looks he's not going to be extradited ever to the US unless he travels to another country and gets caught and extradited there or someone kidnaps him.

  114. Re:A pity by sumdumass · · Score: 1

    More like you don't realize that there are no doors, and there's a giant sign out front in a language you don't understand that is inviting everyone and their dog inside.

    No, I understand the language quite well, If we keep the analogy of a house, it is more like he looked in from the street, went around to the alley, slipped past the neighbors, jumped the fence, and walked in the back door. That is not in any way a giant sign inviting anyone in. It is a way that has absolutely no security but it is completely different then published links presented to the public.

    Um, I never said it did.

    It appears you did. However, even if you didn't, then I can assume you do agree that "Accessible does not automatically mean welcoming any and all actions against them". Or was that your way of disagreeing without addressing the issue?

    So anyone who has already entered your yard, a yard which I am guessing displays no invitations to authorize access to strangers, would be able to see inside your house. I'm not really sure how this is comparable. Maybe if your yard had some giant East Asian sculpture that you did not realize was a sign meaning "travelers, come stop here!", but I'm guessing it doesn't.

    That is because you are deliberately trying to be obtuse. Every house has a pathway, or a side walk leading to a door that is normally used to contact people inside the house. I can walk up this pathway at any time and knock on your door all I want. I cannot leave it and conceal myself somewhere off the beaten path in order to look into you house. Cops cannot even do that without a warrant. They have tried and the courts threw the evidence out.

  115. Re:A pity by Anonymous Coward · · Score: 0

    Always wondered why some people are so eager to get this green card thing. Why would anyone voluntarily deport themselves to a police state.

  116. Re:A pity by clickclickdrone · · Score: 1

    Sorry, shouldn't have had the trailing slash
    http://www.bbc.co.uk/news/uk-politics-17553860

    --
    I want a list of atrocities done in your name - Recoil
  117. Re:A pity by mjwx · · Score: 1

    He has an independently verified medical condition which makes him a high-risk for suicide. That doesn't make him innocent of his crimes; if you'd bother to read the article you'd see his case is now under consideration for prosecution in the UK.

    This has stopped his extradition, not him being liable for his actions.

    His "crime" was guessing the password on a US govt site.

    The only "criminal" in this case is the negligent person who put in an easy to guess password (criminal negligence, in case you didnt get the pun.).

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  118. Re:A pity by oobayly · · Score: 1

    You could extend that logic to say it's OK to mug little old ladies because they're defence-less and open to attack

    I think you'd be hard pushed to find anyone who thinks that. However, if I leave my front door unlocked and somebody walks in, looks through my photos, rearranges some stuff and knocks over a vase, why should I expect them to pay to have my locks changed?

  119. Re:A pity by Hal_Porter · · Score: 1

    As far as I know the Kill List only applies to Active X controls

    http://support.microsoft.com/kb/240797

    If you know a way to set a Kill Bit on a person I'd be every interested.

    --
    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;
  120. Re:A pity by Hal_Porter · · Score: 1

    Are you saying you wouldn't want them to be prosecuted for trespass?

    Changing the subject a bit, where do you live?

    --
    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;
  121. Re:A pity by oobayly · · Score: 1

    Not at all, I'm quite happy to see that the CPS are looking into it again. The problem is that the US quoted insanely high figures to support their extradition request. As far as I can see, they've included the cost of actually securing their systems in the damages that McKinnon may have caused. That's why I used my "changing the lock" analogy.

    After I submitted my post I realised (exactly as you pointed out) that I should have qualified it with "they'd be liable for trespass, and damage to the vase, but not for me changing my locks".

    Irish, but I in the UK.

  122. Re:A pity by Raenex · · Score: 1

    His "crime" was guessing the password on a US govt site.

    There's no need for the scare quotes. What he did was illegal in both the US and the UK.

  123. Re:A pity by Hal_Porter · · Score: 1

    I agree that McKinnon should not be sent to the US but IMO May has set a precedent which she will regret. Look what she said

    http://www.theregister.co.uk/2012/10/16/mckinnon_extradition_decision/print.html

    In a statement to Parliament on Tuesday, Theresa May said that long-running extradition proceedings against the 46 year-old Asperger's Syndrome sufferer would be withdrawn on medical and human rights grounds. Psychiatrists warned that the Scot was likely to attempt suicide and was not strong enough to withstand the stress and trauma of a US trial and likely imprisonment.

    May told Parliament there was "no doubt" McKinnon was seriously ill as a result of Aspergers and depression and at a "high risk of ending his life". She said that after taking careful advice from medical and legal experts she has decided withdraw extradition proceedings.

    So if you can convince a doctor that you are a credible suicide risk if extradited, you will not be executed. Now this is problematic as the main target of the extradition act was Islamist terror suspects. Islamists are famously willing to kill themselves for the cause and it seems highly likely they will be able to pass the 'credible suicide risk if extradited' test that the McKinnon case seems to have set as a bar to extradition.

    So is it right that McKinnon gets tried in the UK and most likely sentenced to time served? Absolutely, he is fundamentally harmless. Is it also right that the same thing happens to much more dangerous Islamists? No, not at all.

    May has done the typical politician thing of solving a short term problem whilst creating a long term one which is probably more serious. It would actually better if she'd pardoned McKinnon or used some sort of discretionary power to block the extradition in a way that won't stop the extradition of people like Abu Qatada or Abu Hamza, Babar Ahmad and Talha Ahsan. The credible risk of suicide test most likely will and I believe she will discover it was a tactical mistake to institute it.

    This is a point that David Rivkin has been trying to make, though the media are too busy crowing about the UK "standing up to the US" to listen to it.

    http://www.abc.net.au/worldtoday/content/2012/s3612398.htm

    RACHAEL BROWN: US lawyer David Rivkin was a White House Counsel for presidents Reagan and Bush.

    He says the Home Secretary's decision is laughable and could set a dangerous precedent.

    DAVID RIVKIN: Under that argument, why do you even arrest anybody?

    A person would say "If you arrest me and put me in a British prison, I'm going to kill myself."

    RACHAEL BROWN: He says the extradition treaty has become a political football.

    DAVID RIVKIN: We live in a world where individuals in one country can carry out crimes against another country.

    We're supposed to work on this in a co-operative fashion, we're supposed to respect each other's judicial system.

    RACHAEL BROWN: And the treaty could get even more complicated.

    Theresa May again.

    THERESA MAY: I have decided to introduce a forum bar.

    MPs: Hear, hear.

    THERESA MAY: This will mean that where prosecution is possible in both the UK and in another state, the British courts will be able to bar prosecution overseas if they believe it is in the interests of justice to do so.

    SHAMI CHAKRABARTI: It's a great day for compassion and common sense.

    RACHAEL BROWN: Shami Chakrabarti directs the human rights group, Liberty.

    SHAMI CHAKRABARTI: It's a future where we will see discretion to consider where alleged activity took place, and where people who are accused of doing things in Great Britain get the opportunity to be tried in Great Britain.

    RACHAEL BROWN: It's the same argument that was tested in the recent case of terrorism suspects Babar Ahmad and Talha

    --
    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;
  124. Re:A pity by L4t3r4lu5 · · Score: 1

    Frankly, his crime is akin to someone picking your locker door, and then going "look, you shouldn't store your wallet in here when you're swimming, it's not very secure".

    Close, but needs to be more closely comparable with the actual situation. The systems he accessed had blank passwords. This is more like you putting you wallet in a locker at the swimming baths, but not bothering to lock it, then insisting that the guy who looked inside to see what's in there was going to plant a bomb, steal your identity, sell it on the black market, and is essentially responsible for the downfall of democracy.

    --
    Finally had enough. Come see us over at https://soylentnews.org/
  125. Re:A pity by Hal_Porter · · Score: 1

    I think what will happen is that McKinnon will end up being sentenced to time served. Which is actually fair enough. What he did was illegal and he knew it, but it is not too serious in the grand scheme of things. Certainly shipping him off to a US prison would have been overkill.

    --
    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;
  126. Re:A pity by Hognoxious · · Score: 1

    He embarrassed the imbeciles at the pentagon by showing that they don't know their asses from their elbows. That's exactly the same as flying a plane into a building. Therefore he's a terrust! Burn him!!!!

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  127. Re:A pity by Hognoxious · · Score: 1

    Given how they attempted to fit up Louise Woodward and the threats of the prosecutors to "fry him" it's pretty clear that some people in the US think it's still 1776 and are trying to gain political advantage from a spot of Limey-bashing.

    It wouldn't be polite to point out that, though, so I suspect Ms May was being tactful. Like when a girl says she'd love to go on a date with you, but she has to wash her hair.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  128. Re:A pity by tubs · · Score: 1

    If the treaty was only for dealing with terrorist suspects, it would have made that clear. "Terrorism" may have been the reason/excuse for Parliament passing the act, but it allows any accused to be extradited. And by the letter of the law, he should have been extradited, I'm sure US authorities have some experience in dealing with suicide risks.

    Now, the real debate is should something that has been done in the UK, by a UK citizen be tried in a UK court, indeed at what takes precedence? In a scenario, if a chap shoots a gun across a border, and hit hits someone on the other side of the border, where has the crime taken places? At the point of the shooting, or at the result of the shooting. If shooting a gun isn't illegal in country, would they go free?

    If a chap connects to the internet and does something "illegal" in another country, where has the crime taken place? And where do you draw the line? Post a blasphemous article on a bulletin board in Saudi Arabia? You're off to Saudi to be tried? Post a libelous item in the US, on a UK server, can you be extradited to the UK?

    --

    try to make ends meet, you're a slave to money, then you die

  129. Re:A pity by tehcyder · · Score: 1

    I'm fed up of seeing people abuse provisions that are put in place to protect those with genuine medical/pschological needs and getting away with it.

    I've never met the man, have you? Odd how you can diagnose a person as "sane" with no medical background and never having met him. Personally, I tend to believe the medical professionals who actually studied medicine and who actally had face to face contact, rather than from some stupid newspaper reporter.

    TLDR: Why do you doubt the diagnosis of a health professional?

    Although I am sympathetic towards MacKinnon, I think there is a question as to why it has taken so long to get this whole thing agreed, and a suspicion in people's minds that the medical evidence is being used as a sort of get out of jail free card (by the government rather than MacKinnon himself).

    Also, any sort of psychological or medical diagnosis is open to different interpretations. No one in the UK will ever forget Guinness's Ernie Saunders who was "diagnosed" with Alzheimer's, released early from jail and made a miraculous never-seen-before-or-since recovery.

    Finally, I think an awful lot of people would feel suicidal at the thought of being shut up in jail in a notoriously brutal prison system until they died

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  130. Re:A pity by tehcyder · · Score: 1

    What's the problem? Put him in isolation room with constant suicide watch for duration of sentence. Just like did for Bradley Manning.

    For sixty years? What sort of a fucking sadist are you?

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  131. Re:A pity by tehcyder · · Score: 1

    A crime is a crime is a crime, regardless of how hard to have to work to perpetrate it.

    Yes, but some crimes are more serious than others and not all crimes deserve the same punishment.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  132. Re:A pity by tehcyder · · Score: 1

    Try looking at the motive, rather than the 'damage done' (which is virtually none anyway, apart from embarrassment maybe). Motive is what counts if we are going to punish or lock up people.

    The motive is that he wanted to prove the Pentagon/US government knew about UFOs and were hiding the information in some X Files style conspiracy.

    It's about as sinister as a 12 year old girl trying to find the phone number of the curly haired one in One Direction.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  133. Re:A pity by tehcyder · · Score: 1

    Have you ever researched the phrase 'power vacuum'? Look at history - there is always a bully - always. So, who fills that roll if the US is out? China? Sound fun to you?

    Just because you are powerful doesn't mean you have to be a bully, genius.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  134. Re:A pity by qbast · · Score: 1

    Until he is no longer suicide risk.

  135. Re:I am happy with the decision, but not the groun by tehcyder · · Score: 1

    In the UK we have a lot of Muslims who want to destroy our society and impose Sharia law.

    I bet they're vastly outnumbered by the micro-genitaled fascists like you though.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  136. Re:A pity by RockDoctor · · Score: 1

    those with genuine medical/ps[y]chological needs

    Odd how you can diagnose a person as "sane" with no medical background and never having met him.

    A person with Asperger's Syndrome is not insane by reason of that diagnosis. The two are as closely related as Athlete's Foot and polydactyly (being born with e.g. 6 toes/foot) : the same parts of the body are affected, but otherwise there's no necessary relationship.

    --
    Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  137. Re:A pity by RockDoctor · · Score: 1

    So now his sentence is solitary confinement

    I believe that sentence normally follows trial and conviction. This is punishment while on remand awaiting trial.

    --
    Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  138. Re:A pity by RockDoctor · · Score: 1

    You missed out the "publicly" in "publicly embarrassed the imbeciles".

    --
    Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  139. Re:A pity by RockDoctor · · Score: 1

    The issue is about using an extradition treaty designed to process terrorists for sending over people for other offences, especially when the sentence is FAR worse in the US than it would be in the UK.

    Precisely.

    To be more precise, at least one US official has expressed the desire to murder the (alleged) hacker using the power of the US state and the Westinghouse grid. Since MacKinnon has grown up in a civilized country where the state doesn't routinely murder it's own citizens, this in itself is sufficient to make the extradition unjustifiable. (IMHO)

    --
    Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  140. Re:A pity by RockDoctor · · Score: 1

    "Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes

    Is that Hobbes of the "Calvin &" variety, or Hobbes of the "nasty, brutish and short" variety?

    (Actually, "nasty, brutish and short" doesn't clearly differentiate the two, does it? Wiki-ing, neither does "little attracted by the scholastic learning" help much. One "Hobbes" has a stuffed tiger, the other wrote "Leviathan, or the Matter, Forme, and Power of a Commonwealth, Ecclesiastical and Civil")

    --
    Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  141. Re:A pity by RockDoctor · · Score: 1

    I hope someone more objective and compassionate than you stands up for your rights if they're ever in peril.

    Kick him in the nuts as well, why don't you? Just a second, I'll get my staple gun and pin out his ballbag on the door.

    Do you have some chilli powder to hand?

    --
    Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  142. Re:A pity by mcgrew · · Score: 1

    If he's deemed at risk of suicide then it's obvious that being an ass burger isn't his only problem; suicide attempts/threats are a sign of clinical depression (although I don't see how that would matter, but I'm neither a medical doctor nor a British lawyer). Possibly he has other issued as well.