The British Hacker - your thoughts?

[KSaiyu]

A lots changed since this thread so I figured a new one would be better than dragging that back up. I'm not sure how big of a deal this is over in America but it's been getting some pretty substantial coverage here, and it would be interesting to see what punishment (if any) American's think adequately fits the crime considering what we now know.

http://news.bbc.co.uk/1/hi/uk/8149986.stm

Human rights arguments against extraditing a British man accused of hacking into US military networks were not "confronted," a court has heard.

Gary McKinnon, 43, from Wood Green, London, wants to overturn a refusal to put him on trial in the UK on charges of computer misuse.

Edward Fitzgerald QC accused the Director of Public Prosecutions Keir Starmer QC of misapplying the law.

Mr McKinnon, who has Asperger's Syndrome, faces trial in America.

Mr Starmer decided there was "insufficient evidence" to support a UK prosecution under the Computer Misuse Act.

If there is no UK prosecution, Mr McKinnon would inevitably be extradited to stand trial in the US, the judges heard.

Lawyers for the DPP are arguing the decision not to prosecute was "entirely rational" and was "manifestly not one which is susceptible to judicial review".

Mr McKinnon, who was arrested by British police in 2002, has already appealed unsuccessfully to the House of Lords and the European Court of Human Rights to avoid extradition.

Mr McKinnon is accused of hacking into 97 government computers belonging to organisations including the US Navy and Nasa during 2001 and 2002.

The US government says this caused damage costing $800,000 (£500,000) at a time of heightened security in the wake of the 11 September 2001 attacks.

He claims he was looking for details of UFOs.

"Psychological suffering"

Mr Fitzgerald told two High Court judges in London that extraditing Mr McKinnon would lead to "disastrous consequences" because of his medical condition, including possible psychosis and suicide.

Mr Fitzgerald also said Mr Starmer had failed to confront the new evidence concerning Mr McKinnon's medical condition and deal with the human rights issues it raised.

If sent to the US, Mr McKinnon was likely to receive a substantial prison sentence and was unlikely to be repatriated to serve his sentence, Mr Fitzgerald said.

And the process of extradition, trial and sentence would expose Mr McKinnon to "an avoidable and unnecessary risk of serious psychological suffering" with "all of the attendant disastrous consequences," he added.

This application for judicial review at the High Court in London is the second recent legal challenge in Mr McKinnon's case.

In the first, Mr Fitzgerald accused the home secretary of reaching a "flawed" decision, following medical evidence of the severe mental suffering that extradition would cause.

The judges are expected to give their ruling in both legal challenges later this month.

 

[Duke]

Mr Fitzgerald also said Mr Starmer had failed to confront the new evidence concerning Mr McKinnon's medical condition and deal with the human rights issues it raised.

If sent to the US, Mr McKinnon was likely to receive a substantial prison sentence and was unlikely to be repatriated to serve his sentence, Mr Fitzgerald said.

And the process of extradition, trial and sentence would expose Mr McKinnon to "an avoidable and unnecessary risk of serious psychological suffering" with "all of the attendant disastrous consequences," he added.

Awww, cry me a freakin' river. Getting prosecuted and maybe going to jail might scare poor Mr. McKinnon and make him feel bad.

Here's a quarter. Call someone who might care. Can't do the time - don't do the crime.

 

[KSaiyu]

You'd be surprised at the sympathy he's getting over here http://www.theregister.co.uk/2009/07/03/mail_mckinnon_campaign/ , although it should be said that paper seemingly starts a campaign every few weeks.

I think the main issue is what effect his Asperger's syndrome had on his judgment and, I suppose reasoning. It's being reported here the US aren't so hot on catering to special needs, in particular mental health prisoners so it isn't hard to see some people thinking it would be cruel to extradite him to face prosecution over there.

 

[Rotary Junkie]

Mr McKinnon is accused of hacking into 97 government computers belonging to organisations including the US Navy and Nasa during 2001 and 2002.

Then they should hire him to run security.

 

[Northstar]

What I don't get is their defense, how can you know how to hack into government computers, yet not know the possible consequences.

 

[Touring Mars]

I don't think it is a question of whether his judgement was affected, or that anyone is looking to use his condition as an excuse for his behaviour... Unless I am mistaken, supporters of McKinnon are attempting to say that extradition to face trial in the US would cause him serious psychological issues, as opposed to allowing him to stand trial in the UK, which presumably isn't considered to be such a risk to his well-being. I'm not sure how they come to that conclusion exactly. I suspect that this line of defence has an ulterior motive...

 

[KSaiyu]

I think it's the need for routine for an Asperger's/autistic sufferer, and a 3000 mile extradition to a foreign land away from his mother might be seen as disproportionate.

 

[Mark T]

I'm sure they're using aspergers syndrome to get a trial in the UK as the sentencing will probably be lighter. If he gets extra extradited to the US he could end up with a very long jail term in unfamiliar surroundings.

From wikipedia it says

Asperger syndrome is an autism spectrum disorder (ASD), and people with it therefore show significant difficulties in social interaction

I'm sure that any UK citizen would find it hard to settle in a US prison, let alone someone with a mental disorder. Although he has commited a crime, I don't think his mental stability should be compromised by the extradition. It also means his family would not be able as often if they are in the UK, adding to the trauma.

I'm all for punishment but I think the US & UK should work together to establish a suitable sentence in the UK. If this was a murder/paedophilia/kidnap charge then I would have a very different opinion.

 

[niky]

Asperger's is not an impairment in the knowledge of right versus wrong. It's merely a mild impairment of communicative and social functions.

While it is possible for this trial to be upsetting to the defendant, we're talking about an adult who has broken the law willfully and with full knowledge multiple times. A trial overseas may be discomfitting... but prison will be even more upsetting, and that's likely where he's going after his trial.

 

[Famine]

Asperger's is not an impairment in the knowledge of right versus wrong. It's merely a mild impairment of communicative and social functions.

While it is possible for this trial to be upsetting to the defendant, we're talking about an adult who has broken the law willfully and with full knowledge multiple times. A trial overseas may be discomfitting... but prison will be even more upsetting, and that's likely where he's going after his trial.

Asperger's is also characterised by obsessional behaviour - and hacking into US governmental computers to find evidence of UFOs would qualify.

I wouldn't even say he's knowingly broken the law - there isn't a "a shouldn't be doing this" check with Asperger's. Though broken the law he has, knowingly or otherwise and he oughtn't be allowed to be in a position where his obsessions can be acted upon again.

 

[Mark T]

Asperger's is also characterised by obsessional behaviour - and hacking into US governmental computers to find evidence of UFOs would qualify.

I wouldn't even say he's knowingly broken the law - there isn't a "a shouldn't be doing this" check with Asperger's. Though broken the law he has, knowingly or otherwise and he oughtn't be allowed to be in a position where his obsessions can be acted upon again.

I think he knew what he was doing was illegal and rather than putting him in prison he should be made to work for either the UK/US government in preventing further attacks. He obviously has a talent in hacking and may be able to prevent future attacks. I think the article mentioned that the attack cost the government $800,000, which he could pay back by working with them.

Maybe he should serve a small sentence out of principle.

 

[Moglet]

We should pay him to hack into PD's computers to get some solid info out of them...

 

[Keef]

I think he knew what he was doing was illegal and rather than putting him in prison he should be made to work for either the UK/US government in preventing further attacks. He obviously has a talent in hacking and may be able to prevent future attacks. I think the article mentioned that the attack cost the government $800,000, which he could pay back by working with them.

They probably do that, but none of us no about it.

I suppose the first step in the trial should be to have an expert figure out if he knowingly broke the law or not, or if he's even capable of such a decision at all. Has that been done yet?