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Press Release from Gary McKinnon's legal team - appeal to the House of Lords

Here is the text of the Press Release form Gary's lawyers, (Kaim Todner solicitors) following his lost Appeal to the High Court today. It gives some idea of the grounds on which his appeal to the House of Lords will be made.

Remember that the House of Lords does not automatically have to decide to hear such an appeal - they refused to do so in the case of the NatWest 3 bankers, David Bermingham, Giles Darby and Gary Mulgrew but have done so in the case of Ian Norris, the retired chairman of Morgan Crucible.

McKinnon v USA and Secretary of State for Home Dpt.

Press release

Gary McKinnon will apply for leave to appeal to the House of Lords within 14 days.

The High Court has expressed its disapproval of the deliberately coercive plea bargaining tactics deployed by the US in the strongest possible terms.

See paragraph 54 of the judgement of the High Court:
"We make no secret of the fact that we view with a degree of distaste the way in which the American authorities are alleged to have approached the plea bargain negotiations. Viewed from the perspective of an English court the notion that a prosecutor may seek to induce a plea of guilty on the basis that substantial benefits will be withdrawn if one is not forthcoming is anathema. We refer on particular to the providing and withdrawal of support towards repatriation. " [Paragraph 54 of the judgement]


We regret that the Court has not expressed its clear disapproval of the US Government's arbitrary interference with due process by halting Gary McKinnon's extradition as an abuse of the process of the English courts.

In order to coerce his voluntary surrender, Mr McKinnon was subjected to threats by the US authorities during the course of plea bargain negotiations. The US sought to coerce the appellant into consenting to his extradition without a formal request being made to the UK authorities and thereafter pleading guilty in the US. The threats made included relaying to Mr McKinnon that New Jersey prosecutors expressed the intention to see Mr McKinnon "fry". the evidence of Mr Dratel is that this is a reference to capital punishment by th electric chair. This was a chilling and intimidating threat. Further the US threatened that Mr McKinnon would receive a significantly and disproportionately longer sentence if he refused to cooperate with the deal being tabled. Furthermore, it was made clear that the appellant would be forced to serve the entirety of that sentence in the US, with no prospect of repatriation. The Us authorities stated that the appellant's refusal to cooperate would result in his repatriation to the UK being blocked.

In the course of these discussions the US made it clear that it would be looking for an extremely lengthy sentence and that it would not allow Mr McKinnon to be tried in England because the English courts' sentencing powers was not of sufficient severity. It is submitted that this does not constitute a valid reason for extraditing a British citizen from his homeland where he has never visited the US and the conduct alleged took place in the UK. It is submitted that a desire to make an example out of the appellant by ensuring that he receives a much longer sentence than his own courts would consider to be adequate punishment constitutes an improper and vexatious motive for making an extradition request.

Mr McKinnon complains that the conduct of the US , the threats it made to the the appellant and its motive for requesting his extradition was each oppressive and abusive, engaging the appellant's article 594) right. further, the appellant submits that the bid by the US to ensure that their tactical deployment of coercive plea bargaining in this case would remain a secret from the court itself demonstrates that such an extra-judicial process should have no part to play in the legal process. There is express statutory provision fora defendant to consent to extradition if he chooses to do so. No one should be punished for exercising his statutory right to contest extradition. in USA v Cobb

"52.   By placing undue pressure on Canadian citizens to forego due legal process in Canada, the foreign State has disentitled itself from pursuing its recourse before the courts and attempting to show why extradition should legally proceed....

53.   [The judge] was also correct in concluding as he did that this was one of the clearest cases where to proceed further with the extradition hearing would violate "those fundamental principles of justice which underlie the community's sense of fair play and decency" (Keyowski, supra, at pp.658 59)..."

It is submitted that the US placed undue pressure on Mr McKinnon and made clear its intent to punish him for failing to succumb to that pressure. It is admitted that the conduct of the US in this case can be properly characterised as oppressive and vexatious such that the House of Lords should allow Mr McKinnon's appeal.

Furthermore the appellant contends that the US threat to impose an extremely lengthy sentence as punishment for not cooperating with an inherently coercive plea bargain amounts to a flagrant denial of justice such that his article 6 fair trial rights would be violated and that the severity of the consequences in terms of sentence reach the high standard imposed in Soering v. U.K. [1989] 11 EHRR 439. It should be noted that these threats were relayed and terms of the "bargain" were offered by Ed Gibson, the assistant legal attaché of the US Embassy in London

Special Agent Ed Gibson has since retired from the FBI and is now the "chief security adviser for Microsoft Ltd" in the United Kingdom.

and therefore the threats derived from the Requesting State itself as well as the prosecution lawyers. The prosecution plays an enhanced role in the US sentencing process by recommending the length of sentence to the court. The role and influence of the prosecution is therefore of great significance in respect of the sentence ultimately passed.

The threat to refuse the the appellant repatriation clearly engages article 8 ECHR. Article 8 cannot be lawfully interfered with in an arbitrary and punitive fashion as promised by the US. Mr McKinnon has a right under the Convention of the Transfer of Sentenced Persons not to have his eligibility for repatriation determined unfairly or arbitrarily. He has a right to have his application considered fairly. The US has made plain its intention to prevent his repatriation on arbitrary grounds, namely to punish him for exercising his statutory rights to contest extradition. This constitutes an invalid and improper reason for preventing a fair determination of the merits of his application and would therefore violate article 8.

The US originally attempted to coerce Mr McKinnon into pleading Guilty by offering him 6 months (12 months at worst) in a US prison and the remainder of a short sentence would be served in the UK, mostly on parole. The US now intends to prosecute Mr McKinnon as a cyber-terrorist, which could lead to him spending the rest of his life in prison in the US with repatriation to serve his sentence in his home country denied as punishment for contesting his extradition.

Mr McKinnon will now be punished for exercising his statutory rights to contest extradition under the Extradition Act. His punishment could not be more severe. It amounts to a life sentence in a foreign country.


Comments

A very disappointing verdict. What action can now be taken, by supporters, with regards to the appeal to the House of Lords? Is there any way in which we can lend aid?


He should be punished, but should not have the book thrown at him. The admins of those systems should face a public enquiry - there must be a public enquiry into the secureness of military/government systems - who's to say there is not negligence that should result in prosecution against them?


This is BS, the crime in question was done in UK thus should adhere to UK law not the bloody US, they're only freakin cause any data that was scooped up by Gary could now effectively to passed on, as for that bawbags statement about him goin to 'fry' WTF? the US authorities r openly releasin' threats against UK citizens?!?!? & is there anything supporters can do?


I'm French, as so I cannot unfortunatly sign up the Free McKinnon Petition. But I want to show my support for him, because I think he didnt harm any US computer network, he only wanted some to find some truth about Ufos and alien technologies.
He's now at risk of being tortured and sentenced to jail for tens of years in a foreign country whose current administration has proven to be more dangerous than the so called evil it pretended to fight. Furthermore, the extradition treaty that could send him in gitmo or another lawless hell has been agreed several years AFTER he hacked into the US defense network. How can a law be retroactive ? Dear Brits, please don't let him fall into the claws of the sinister creature the US has become.


Its because of people like gary,that i just had to lump out £29.99 for norton anti-virus...ive no sympathy for you..or your ilk.


What a disgusting state of affairs.
Gary McKinnon has my full support.

http://jacobytesusa.spaces.live.com

Jacobyte in Chicago.


@ browned off - Gary McKinnon is not accused of writing or even distributing any computer viruses whatsoever.

In what way do you think that Norton anti-virus is superior to free anti-virus software such as AVG ?


@ Police State Britain - hopefully neither British Judges nor the Law Lords in the House of Lords can be swayed by any sort of public demonstrations of support for or against a particular case - if they were susceptible to such outside pressure, then we would be ruled by every NuLabour / Daily Mail /Sun tabloid hysteria.

Given the recently announced changes in the "Machinery of Government" at the Home Office, it is unclear if the Home Secretary John Reid or Lord Falconer of Thoroton, the head of the new Ministry of Justice (from 9th May) are now in charge of Extradition proceedings.

If the UK authorities decided to, even at this late stage, to charge and prosecute Gary McKinnon under the UK Computer Misuse Act1990,then that would take precedence over any Extradition proceedings.

If he were to be tried and convicted here in the UK, then he could not be extradited to the USA, on the same charges, under the principle of "double jeopardy".


to both browned off and fg. Dont you know you should be using macs, or atleast using linux? Virii. who needs em???

But on a more serious note, I think this prosecution is a little heavy handed. If these computers were so insecure that this guy could "hack" them, then just think what the professional hackers in North Korea, China, Iran etc can do when they get their orders?


@ Freakin George - Gary has said in interviews that he could see plenty of connections to the US military systems he was browsing, from such countries i.e. not from US Military bases.

Macs are still vulnerable to viruses which exploit the most popular applications software which runs on them i.e. Microsoft Office, and most distributions of linux are not secure "out of the box" either.



bad decision, definatly dont think he shud be trialed in america, it will be way unfair verdict if he is. a slap on the wrist a year in jail (if that) and a big thank you for letting them know how bad their network security is sounds about right to me


What further appeals are open to Gary?

You mentioned the House of Lords has the power to quash the extradition order, and that possibly there are European courts to which Gary could appeal.

Who should we be writing to, in order to make the protest heard?


there's a petition near the bottom of the home page


Why is it that the UK Government and the courts see it fit to throw Gary to the wolves for his alleged spying when the US Government & military would not even answer simple questions over the DEATHS of our servicemen and journalists?

When US military personnel cause the death and injure British troops they take it upon themselves that they can operate with impunity by remaining silent. When a British citizen logs on to an American computer network, which allegedly had NO security on it, he is then forced to be extradited to a country which openly flouts international law to face an undetermined prison sentence.

Gary may have caused thousands, even millions of dollars in damages, HE DID NOT KILL ANYONE OR TAKE AWAY THEIR HUMAN RIGHTS.

The US are in part responsible for hundreds of thousands of innocent deaths in the Middle East, let alone their own comrades.

What a great role model for democracy and the rule of law the USA is.

Wake up Whitehall.


I've only just caught on to this story.

• The Americans have been 'occupying' Sufflok and Norfolk since WWII.

•Just how many UK troops have died on behalf of America in Iraq?

•Has Amweica ever handed over one ofits citizens to a foreign country when they have been accused of hacking into overseas computer systems? I doubt it.


If Gary is haned over to the US justice(?) system, your country will be handing over its last shreds of self respect.

Rodney Fletcher
(A disgusted Kiwi)

PS: "Yes George, no George, three bags full George"


Gary McKinnon deserves a British trial.

Sadly I cannot join the petition because I'm not British.


Dasn le même esprit que cette "justice" on pourrait aussi juger et condamner Bill Gates (à mort ?), pour toutes ces failles dans ces systèmes logiciels qui ont empoisonné la vie de tous les utilisateurs sans exception et couté des milliard de dollars de perte de temps et d'argent à l'ensemble des utilisateurs de PC depuis l'existence de windows.. Je trouve épouvantable que l'on extrade ce monsieur pour ce qu'il à fait, et qu'il soit condamné à vie au US. Yann P . en Bretagne (sorry for my "English") Best Regards..


Arguments about the war in Iraq and deaths of British military personnel and journalists have absolutely nothing to do with Gary McKinnon. He is no soldier or journalist and as far as I am aware has absolutely nothing to do with the war on terror.

He broke the law.

If I hacked into the private server of a company which holds credit card details I would be pursued by the police and attacked by the press as being a cyber criminal - and rightly so. There is no difference here. People seem to want to mix up their own prejudices about America with the idea that he committed a victimless crime which didn’t really hurt anyone. It doesn’t remove the fact that he broke the law.

Just because he broke the law whilst sitting in Britain does not mean that US authorities have no right to prosecute him. Under international law, and the extradition treaties that exist between the US and the EU, the US has the right to ask for him to be extradited to account for his actions.

Most comments here seem to think he should be tried in the UK but offer no argument why apart from the belief that the UK justice system will be more lenient. What kind of defense is that? He broke the law in America-he should stand trial in America.

Perhaps he should have thought a bit harder before he broke the law in the first place.


Ali

To be extradited to the US, he has to have commited a crime which would warrant a 1 year prison setence. For that sentence he must have caused at least $5,000 of damage to a PC. Strangely enough, according to the US prosecutors, he has caused exactly $5,000 to each PC that he "hacked" into. However, to get Gary extradited they will have to offer no evidence of this. If the boot was on the other foot, the UK would have to produce evidence before such an extradition would take place. I would say more than anything, it is this imbalance of fairness of the Extradition law which is causing people to sit up and take notice of this case in particular.

The other issue here is, if Gary was extradited and tried in front of a US judge then I would be willing to be that he would be cleared of all charges or have them reduced substantially.

However, with the current american "administration" however there are no guarantees that he won't be tried as some kind of "cyber terrorist" by a military tribunal where potentially the rules of normal justice will not apply.

Personally I don't care about the NatWest 3 and Babar Ahmad and all the others that have gone through similar extradition experiences but anyone that knows the actual facts of this case can't help but find this whole scenario completely unfair.


To Ali:

My comments don't have anything to do with the war, and I have not got any predjudices against America thank you (maybe the American Government). I am British, my girlfriend is American and I have spent most of the last eight years living in the US.

I am not arguing that he broke the law. He is not arguing he broke the law, I don't think anyone does.

I am interested in your 'victimless crime' crime theory. Gary McKinnon to my knowledge hasn't hurt / maimed / killed anyone. Yes, his actions may have cost the US Governement a lot of frustration and a lot of money but everyone was able to go home that night. This isn't the case where American atrocities are committed around the world and go completely unpunished, so please, please don't quote 'international law', because quite frankly if America had a fundamental disagreement with international law, the Government will go about its own business anyway. One word: 'Guantanamo'.

As he committed the crime while he was physically in the UK, there IS an argument that he should be tried here, hence the this website and the whole reason he has fought the extradition - he HAS that right. The US Governement / justice system have allegedly made some very unsavoury comments about him (Gary will 'fry' etc.), not to mention the undetermined sentence that they are posing.

In a perfect world, I think Gary should be tried in the US. As we don't live in a perfect world, we live in one which offers the self proclaimed beacon of democracy choosing which laws it will and won't agree to. Until ALL countries can accept to live by an international law, what is the point in having it? Did you know, the American attache (with all their money) in London are the only ones who CHOOSE not to abide by the city's congestions charge, something which has angered the Mayor no end. They simply decided it doesn't apply to them.

My arguments aren't just from a British perspective, they are just as much from an American one. The flagrant abuse of international law by the US Government beleive it or not is not doing their citizens ANY favours abroad. America might hold the hammer in international politics today but it has no choice but to engage in more bilateral diplomaic politics with the rest world. Here's two more words: Russia, China.

The bottom line for me is that if people can be unjustly shot at and killed by Americans with zero consequence - where people's lives are disrupted forever, what duty should we have in giving up our citizens for a far lesser crime. Call it tit-for-tat, I could care less.


To Ali:

My comments don't have anything to do with the war, and I have not got any predjudices against America thank you (maybe the American Government). I am British, my girlfriend is American and I have spent most of the last eight years living in the US.

I am not arguing that he broke the law. He is not arguing he broke the law, I don't think anyone does.

I am interested in your 'victimless crime' crime theory. Gary McKinnon to my knowledge hasn't hurt / maimed / killed anyone. Yes, his actions may have cost the US Governement a lot of frustration and a lot of money but everyone was able to go home that night. This isn't the case where American atrocities are committed around the world and go completely unpunished, so please, please don't quote 'international law', because quite frankly if America had a fundamental disagreement with international law, the Government will go about its own business anyway. One word: 'Guantanamo'.

As he committed the crime while he was physically in the UK, there IS an argument that he should be tried here, hence the this website and the whole reason he has fought the extradition - he HAS that right. The US Governement / justice system have allegedly made some very unsavoury comments about him (Gary will 'fry' etc.), not to mention the undetermined sentence that they are posing.

In a perfect world, I think Gary should be tried in the US. As we don't live in a perfect world, we live in one which offers the self proclaimed beacon of democracy choosing which laws it will and won't agree to. Until ALL countries can accept to live by an international law, what is the point in having it? Did you know, the American attache (with all their money) in London are the only ones who CHOOSE not to abide by the city's congestions charge, something which has angered the Mayor no end. They simply decided it doesn't apply to them.

My arguments aren't just from a British perspective, they are just as much from an American one. The flagrant abuse of international law by the US Government beleive it or not is not doing their citizens ANY favours abroad. America might hold the hammer in international politics today but it has no choice but to engage in more bilateral diplomaic politics with the rest world. Here's two more words: Russia, China.

The bottom line for me is that if people can be unjustly shot at and killed by Americans with zero consequence - where people's lives are disrupted forever, what duty should we have in giving up our citizens for a far lesser crime. Call it tit-for-tat, I could care less.


So he hacked into US military networks and left a bunch of evidence? Not sure of the rights/wrongs of the extradition but the dude must have known what was coming down the line.

Just out of interest, has Gary had any kids? If he gets 70 years then his effective removal from the gene pool will make him eligible for a Darwin.


Hi..

With the digital revolution....it was inevitable that someone intelligent with a simple 56k dial up modem with software would be involved in peeping at secrets,on the net (US invention) for is that not the nature of certain government security depts also to gain important information ,Normally? regarding threats eg J edgar Hoover fbi anti communism 40s 50s tapping, cold war etc so with modern Terrorism what is being looked at currently? i bet the techniques employed are amazing!

Mr Mckinnon entered sensitive areas before NEW cyber Legislation was Introduced
so how can a new law be used after the offence was committed? YEARS before post facto,that surely cant hold up in arguement in court!

The issue raised here regarding uk Extradition law is very interesting.why does it appear his statutory rights are being ignored. strange!...The US government clearly are in breach of protocols regarding Mr Mckinnons Case....and the sequence of events are corrupted

As with all truthful journalistic reporting wars etc, there is going to be someone made a scapegoat for revealing information which is too
uncomfortable for those sensitive areas of Govt.Although Mr Mckinnon Did break a law of some description which requires a judgement which he would accept.As a British Citizen living on Uk mainland.The Timing of his Snoop, post 9/11 has upset the Us Administration which is understandable but it revealed more about the lapses in security which were redicuolus at such high levels of US govt

To reveal files on Ufo's and subsequent technologies will be revealed eventually anyway (if true) as the lid on this subject is truly open!

Something is going on is it not?

or are we pretending as its too much to considerthe possibilities of flight (Extraterrestrial)

Wright Bros Kittyhawk
were a couple of madmen weren't they?

justice should prevail! I hope

Good Luck Mr Mckinnon

bill


Having watched the film War Games & read about the progress of Gary's case, I am very interesteded in issues raised by both and would be interested to contribute to and gain experience and insight into human right issues raised. You are welcome to contact me via e-mail if I can be of any assistance in any way.

Paul Ashley Singer, concerned human being and UK citizen.


I feel so sorry for you Gary, I do not know what has *actually* changed in the last ten years to allow extradition.. well apart from the obvious..

This is a whole farce, just as mine was and I am just gutted for you.

Kuji.


What do you think this forum is - hackersReUnited? ;-)


The total result of Gary's actions, (if the allegations are true) is that some people in the US couldn't use some of their computers for a few days while things were straightened out by restoring the affected equipment from back-up tapes.

Since computers are written off over a 3-5 year period, it's doubtful that any of the 'damaged' systems still even exist today.

I'm not condoning what Gary did, but the UK has a duty to ensure that our citizens are treated fairly and are not disproportionately punished.

Suppose his actions were in person -- he cut a power line by hand, say, causing a few days of disruption while someone replaced it. Then he would face a proportionate consequence, perhaps paying damages and serving a short sentence.

According to the US prosecution team, Gary is a 'cyber-terrorist' who faces the real prospect of the rest of his life in jail.

The punishment being demanded is madness. That's why so many people are angry about what is happening here.


To the person who asked if the treaty is retroactive: Article 31 provides that the treaty is retroactive in effect as to extraditable offenses committed before the date of entry into force and which were punishable by both parties when committed.

The actual treaty is available for viewing on the Internet



@ Luana L - the 2003 Treaty was not ratified by the US Senate until 2006, so the previous 1972 Treaty should still have applied.

New treaties between nation states should come into force at the same time in both countries.

However, the disgraced ex-Home Secretary David Blunkett and the Labour Government gave away UK sovereignty, by forcing through the Extradition Act 2003 into British law, anyway regardless, and this was applied retrospectively to Gary and to the NatWest 3 etc. who had been arrested a year earlier, in 2002.

If the 1972 Treaty and the previous legislation had been used, then Gary would have faced an extradition hearing with some challegable prima facie evidence against him, in just the same way that even today, the UK Government would have to provide a US extradition hearing with prima facie evidence.

As you can see from the legal Press release, the US authorities were obviously hoping to coerce Gary into pleading guilty, perhaps partly because they know that their claims of the amount of financial damage, which is what he is charged with, are so exaggerated, and might not stand up to scrutiny in an English or even US civilian court.



I am a US citizen but my outrage is shared with everyone else here.
Gary should not be extradicted to the US and like the expression "follow the money" UFO Technology equals=Free Energy equals= no greedy outlandish sky's the limit profits for the Oil Companies.
Beware of the WTO,one world government and the likes of the illumanti exclusive clubs, the Bildebergs,The Council On Foreign Relations, The Trilateral Commission and Skull and Bones of which Bush and past US Presidents have been members.
I thought claims regarding the collapse of the World Trade Center were by people far out or very left of field, well not any more and what convinced me was the well researched documentary entitled:Loose Change and things I noticed as odd then fall into place.
MONEY, MONEY,MONEY, POWER, POWER,POWER.
Gary, God I hope and pray a miracle happens for I commend you in someway for trying to expose the truth, technologies that could free people and the planet from dirty grips of corporate elites consumed with greed.


Smile, you're all on NASA Watch -

http://www.nasawatch.com


Good luck, Gary. No-one I've met who knows the facts of the case thinks extradition is anything but crazy, so I hope that sentiment manifests itself in a favourable decision by the Lords.


The senate "recommended" the treaty to be ratified but unless the president of America signs this "treaty" it will never actually be ratified.
Because it also goes against the American constitution; it will never be ratified.

British citizens are therefore being treated as second class citizens of the world.

We are quite literally the only country in the world that will Extradite its' own citizens to America without Prima facie evidence having to be shown.

As for the accusations that Gary has caused damage....Gary has always denied causing damage or deleting files but only allegations are required to exact extradition.

The US can take so called "evidence" to the judges "in secret" but Gary's legal team cannot challenge any of this "evidence" in a UK court because of the new one sided treaty.

Without allegations of a certain financial amount of damage, the US could not extradite Gary. So they have dreamed up/invented this amount of damage in order to extradite Gary.

The only financial damage resulted from the US government closing down their own systems.

Any self respecting business or company takes this into account as a matter of course and would have their operations up and running again in hours.
This is the US military we are talking about with no passwords or firewalls!!!

Just as well they closed down their systems as there were apparently people from all over the world on there.

Gary did the US government a favour by exposing the frightening weaknesses in their security.
They should drop this case now.

Jan


Recent news reports have shown that the US military still has hackers from China etc. & from all over the world, "wandering" around their systems.

Whoever runs the US military IT systems should be prosecuted as their incompetence is essentially putting us all at risk.
Mr McKinnon certainly did do them a favour by exposing the frightening weakness in their security.
However it appears their "security" is still virtually non existent.
They prefer to threaten and extradite people rather than to get a real expert to tighten their security systems.

Mr McKinnon has quite simply embarrassed them so they are out to destroy him.
He was threatened (in secret) in the US Embassy of "being fried" and being imprisoned for life, in order to attempt to get him to accept a plea bargain and to admit to damage he is adamant he hasn't caused. (fortunately these threats are now in the public domain)

The US initially admitted that Mr McKinnon was not a terrorist and they offered him a "deal" of one to a few years.
They made it clear that if he refused their "deal" (with no guarantees) that they would destroy him.

They now refer to Mr McKinnon as a cyber terrorist.

That says it all really.

The vindictivness of the US government never ceases to amaze me.

He's a computer nerd, nothing more.
Do they really expect us to believe that Mr McKinnon, a computer nerd with one O level, brought the entire US military to a halt by using a prehistoric computer on dial up mode from his girlfriends flat???

If that's the case the US military's lack of knowledge and lack of IT security is extremely terrifying and they should all be prosecuted.

They could probably have prevented 9/11 if their security had been at all existent.

Perhaps American citizens should take out a mass prosecution against their own government for endangering them.

The US government should do themselves a favour and drop this ridiculous and hugely unpopular prosecution, that will in the end only cause them even greater embarrassement.

Olly


Oily, you are absolutly correct. Its a shame, its a damn shame, but this is how the US works. They're willing to prosecute an action, even a benign action, but they will let inaction walk free. If a poor man steals 50 dollars from a lady down a street, its a crime. If a CEO is merely ineffecient or negligent with his company and allows it to lose money without doing anything to prevent it... then he's ok. We award thinking inside the box - and not thinking at all, but we despise anything outside of that system without even considering the case specifically.

Gary, things may be tough for you now, but you'll be remembered in history as a hero, and the people who prosecuted you as villians. Just remember that.


Hello Mr McKinnon! I am not for your extradiction! that does not deserve 40 to 70 years of prison! it is ridiculous! Knowing how the exploit is remarkable! I congratulate you! On the other hand it was necessary to go to seek evidence concerning the existance of extraterrestes! Its existence is infaïble! The time is a disease! Good courage! I support you and to free!!
Johnny B. Good. ;)


"The unjust treatment of British citizens (and others) when facing the might of the US Military "justice" system, which practices detention without trial in Guantanamo Bay and elsewhere, and stands accused of making use of torture....."

What a load of garbage. McKinnon will be tried in an ordinary, everyday, federal court just like any other criminal. Yes, he is a criminal. He's not a hero just because he decided for himself what was ok to do and what wasn't. He knew full well that he was breaking a perfectly reasonable law. He just never thought he'd be caught. His sentence will be nothing like 60 or 70 years and he knows it and so do his attorneys. He may do a couple of years but that is justice. As we say here in America: "If you can't do the time, don't do the crime."


As an American, I must take this opportunity to apologize for Mr. Bush and much of the rest of our government. Not that any other governments are shining right now...but it seems Mr. Bush is heckbent on taking the US down in a hand basket. The US government is hiding an enormous amount of information from everyone...for those of you that think Gary is a UFO nut - think again. To believe - even for a second - that the human race is the only (or even more absurd, the most intelligent) species in the Universe is to be truly insane. They exist - just as we do. Gary is a brave man who was just trying to bring the information that exists and yet is being kept from the public due to financial and power issues. This will all come out...as the false always does. I hope the UK can break away from our US bully president enough to keep Gary out of the shark infested waters. Light to all!


This will all come out...as the false always does. I hope the UK can break away from our US bully president enough to keep Gary out of the shark infested waters. Light to all!

Posted by: Jasmine Buckingham | April 6, 2007 05:15 PM


1. 53 Army computers, including computers based in Virginia and Washington that controlled the Army's Military District of Washington network and are used in furtherance of national defence and security [charges 1 to 2]
2. 26 Navy computers, including US Naval Weapons Station Earle, New Jersey. This was responsible for replenishing munitions and supplies for the deployed Atlantic Fleet [charges 6 to 8]
3. 16 NASA computers [charges 12 to 15]
4. 1 Department of Defense computer [charges 17 to 18].
Once the computers were accessible by Mr McKinnon, he deleted data including:

(1) Critical operating system files from nine computers, the deletion of which shut down the entire US Army's Military District of Washington network of over 2000 computers for 24 hours, significantly disrupting Governmental functions [charges 1 to 3]
(2) 2,455 user accounts on a US Army computer that controlled access to an Army computer network, causing those computers to reboot and become inoperable [charges 1 to 3]
(3) Critical Operating system files and logs from computers at US Naval Weapons Station Earle, one of which was used for monitoring the identity, location, physical condition, staffing and battle readiness of Navy ships. Deletion of these files rendered the Base's entire network of over 300 computers inoperable at a critical time immediately following 11 September 2001 and thereafter left the network vulnerable to other intruders [charges 8 to 10 and 11].
He also copied data and files onto his own computers, including operating system files containing account names and encrypted passwords from 22 computers. These comprised:

(1) 189 files from US Army computers [charges 4 and 5]
(2) 35 files from US Navy computers, including approximately 950 passwords from server computers at Naval Weapons Station Earle [charges 9 to 10]
(3) 6 files from NASA computers [charges 15 to 16].


Wasnt just N.A.S.A computers gary hacked into...


The allegation that Gary deleted files has always been denied by Gary but the US need to claim damage in order to extradite him.

British legal teams (including Gary's) are no longer allowed to defend any allegations in any extradition hearing since the one sided extradition treaty was signed in secret by Blunket.

The US computers supposedly became inoperable "after they shut them down themselves" because they discovered Gary trespassing in their systems.

Any self respecting business or country would have their computers up and running again within hours and the fact that the US couldn't do this is mind blowing.

Perhaps 9/11 would never have happened if US computer security had been even half decent rather than non existent.

However most of those who have watched the Loose Change 2 Google Video believe it was an inside job and that's a frightening thought.

When Michael Meacher MP planned to screen the Loose Change video in the House of Commons; the screening was prevented from taking place.

Secrets, secrets, too many secrets.
Is it any wonder that so many people are curious to find out the real truth when there are so many cover-ups.


i'm french : Je souhaite apporter mon soutien non pas au pirate et au hors la loi mais au citoyen et à l'etre humain qui cherche à comprendre à assouvir sa soif de connaissance et de curiosité et qui se donne les moyens d'y arriver au risque de sa vie comme beaucoup l'on deja fait dans le passé.


Gary McKinnon should not be punished at all. He has admiited openly and in a very positive way all that he has done to uncover a gross negligence and fault of the US government to practice even the most basic security procedures. The crime is actually found in the actions of the incompetent and negligent US agency staff who failed to due their expected duties to protect sensitive information assets. I can understand the higher moral argument the people of the world have for the issue of disclosure of UFO information and advanced technologies that can transform our world for the better. No Cabal or Government should ever keep such epochal events and issues secret from the world!! And no law is moral or valid in principle of it hinders the progress and advancement of humanity. In this case Gary's benevolent quest for discovery by breaking an unjust and paranoid foreign law on moral grounds is understandable. Imagine if Columbus had kept the discovery of America a state secret how world history would have changed. Gary has already been denied a basic human right to engage in information access and transfer via the internet for years. He has been harrassed and his life unduly stressed suffieciently over the years in a measure that already exceeds a just sanction. I find the actions of my country to be an utterly disgusting betrayal of all the hallowed principles of benevolent government serving the people to enhance our pursuits of life, liberty and happiness that we Americans cherish. I apologize to Gary as an American for the vexatious coercion that has been executed already against him by US officals who are supposed to be acting as public servants on behalf of me and millions of my countrymen. I can only hope that these despotic elements that have so infested and infected the American Republic can eventually be expunged and suffer their due sanctions for their abuse of power and their utter disregard for the prinicple of justice! Hopefully Britain's rulers will protect their citizenry from coercive foreign governments and express their national sovereignty to hold their national laws to be superior within their national boundaries. Perhaps the Brits should consider a revolt against American tyranny the same way we did 200+ years ago against George III? As an American citizen I pray, may G-d help these United States from the malevolently secretive and paranoid beast that it is becoming at the hands of these un-American people in positions of power!!


RUN AWAY
go to venezuela
we need you in every space
live yr live.
there is nice people every where to help you
were ever you go
Even journalist get passeports for 3000 euro
There is many people in trouble for the same kind of stuff
get the hell out!


Gary McKinnon, you sir a star. thanks for your efforts to uncover the truth.


Why do you want to free this stupid man?

This man has committed a very huge crime! He has hacked into the US military computers!

I think that this man deserves the death penelty.

Do you know how annoying it is when you have a hacker on your computer. They seriously piss you off!

Every hacker deserves to serve life in jail!


@ Philip - make your mind up about the disproportionate and illegal punishments you are calling for.

If you allow illegal access to your computer systems for over 2 years, then you are at least partly to blame.

Are you one of the the people who were responsible for the systems which Gary McKinnpn is alleged to have hacked into, the ones which were left exposed to the internet, without firewalls, with no Local Administrator password set allowing for remote Administrator level access, from anywhere in the world ?

If so, then you should also be facing a court martial for incompetence, or corruption or treason.

This blog does not claim that Gary was not stupid or that he is entirely innocent, just that he should be given a fair trial, based on actual, unexaggerated evidence, not mere accusations.

That means a trial in the United Kingdom, and, if necessary, prison time here in the UK, rather than extradition to the USA.


If i were Gary McK's lawyer, just thinking off the top of my head, i've got a defense strategy defense for him. Use what i call the 'overzealous defense' strategy against the plaintiff party. All he has to prove is that all he got from his alleged "nefarious" activity were just answers and not secrets. Answer as ubitiquous as information bits!!! Reminds me of a quote from a movie 'The Recruit'

"... if you're looking for *answers*, you got into the wrong car... i only have *secrets*"

http://finance.groups.yahoo.com/group/invest_mavin/

The World's Greatest Detective!
An Odyssey. The Revolution!
Google "invest_mavin"


Thi sis entirely the bloody American's problem though - they think that they'rethe most powerful, cn do and say what they like, and can make everyone follow their lead without a fight. They never back down from anything

And Phillip, get real. It's an *internet hacker*, not a serial murderer. It served everybody who owned the copuers damn right - they should have been smart enough to know someone wouldn't be happy. They deserved it for all the shit they're covering up

Gary, my thoughts and prayers are with you even more so now. Best of luck


New York Times editorial on demise of jury trials in US

http://rawstory.com/news/2007/Times_Trial_by_jury_on_verge_0429.html

yours respectfully,

Ernst


Get the US to put all the info on UFO's in the public arena such as the UK is now going to do and France did already. Under the Freedom of Information Act, NASA and all these agencies should come out and give all the info. This is what caused Gary to overdo it - obsession for 'secret' information which really should now be made public; then, if he is extradited to the US, try the hardest to see what 'damages' he could have caused otherwise. Since the UFO info would be now public knowledge there would be less damage done (although I have no trust in that).

Knowing the US however, and not trusting the legal process when and if he does go there, I wish him all the very best. There is no justification to make him fry for what he did though he should be made to pay for it in some form or other and that should be fairly by both governments - by the US and the UK.

My suggestions I know are weak but somehow I pity him so my stupid solutions are my own dreams. GOOD LUCK.


Like the idea of the usa releasing all ufo info but that's not going to happen is it. Check out what CSETI are doing if you wonder about the likelyhood of ufo's being real. It's an eye opener.

McKinnon's no threat to anyone who isn't guilty of something themselves. He's small fry who trod on some toes and they want him seen to be slapped very hard.

If lots of people are and have been doing what he has done, why is he the one they've come down on? And why so hard? I suspect it's connected to why he was doing it rather than that he was doing it at all.
Hope the british don't let him get screwed.


We should all just take a leaf out the Nasa notebook.If we have something of interest to report tell the newspapers.If the men in black turn up tell them to fuck off.


He should be released now as most people are coming to realise that space is in the process of being weaponised by the USA. Think: they can kill at will in Iraq. If they succeed in fully weaponising space, humanity is a sitting duck for a USA led holocaust. The over 1,000,000 (mostly civilians) they have killed in Iraq will be nothing compared to what capabilities they will have in future. Maybe we can all work against this by boycotting American good. Some companies are listed below.

1. Texaco (oil)
2. Esso (oil)
3. Kellogs (cereals)
4. McDonalds (fast GM food)
5. Pampers
6. Coca Cola
7. Pepsi Cola
8. AOL
9. Microsoft
10. Ford
11. Asda (owned by Wal Mart)

Contribute to save humanity by not contributing to the weaponisation of space. Buy British.

Free Gary McKinnon now and everybody put in a greater effort and boycott American products !


WHY is Gary McKinnon the sole individual being extradited and other hackers, in Israel (3), etc., not??
If he is extradited, I would like to see all others extradited from their home nation to the USA for appearances and trial!
What's good for Gary should be practiced for all other hackers!
And don't allow other nations to say they will take care of any punishment, such as Israel, within Israel. If Israel is approved of delivering self punishment, why not the UK also for Gary?


@ Clark -once the new amendments to the UK Computer Misuse Act come into force, probably in April, then perhaps we will see some of the thousands of hackers and cyber criminals from the United States (and other countries) who attack British systems, being extradited to face a British court.

Our Government, will, however, actually have to provide some prima facie evidence against, them which can be examined and challenged in a US Court, unlike the the Kafkaesque system here in the UK in which Gary McKinnon and other business people are enmeshed.


@ James - if you are planning to boycott US goods and services e.g.

8. AOL
9. Microsoft

you should , perhaps, change your email address !


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