The BBC report today's decision by the High Court to allow a Judicial Review hearing of Gary McKinnon's extradition case.
This will be some time after March 16th 2009.
This is the first slightly positive legal decision which Gary has had in the last 6 or so years.
Seperately, the Director of Public Prosecutions will be deciding in the next 3 weeks or so, whether or not to prosecute Gary in the United Kingdom. Gary has always said that he is willing to face justice in the UK for his actions, but not in the USA.
Page last updated at 12:08 GMT, Friday, 23 January 2009
Hacker wins court review decision
British hacker Gary McKinnon has won permission from the High Court to apply for a judicial review against his extradition to the United States.
The 42-year-old from London, who was diagnosed last August as having Asperger's Syndrome, has admitted hacking into US military computers.
His lawyers had said Mr McKinnon was at risk of suicide if he were extradited.
Lawyers for the home secretary had argued against the review, saying the risk to Mr McKinnon's health was low.
[...]
Lord Justice Maurice Kay and Mr Justice Simon ruled that Mr McKinnon's case "merits substantive consideration" and granted him leave to launch a fresh challenge at the court in London.
His lawyers had previously told the High Court that if he were removed from his family and sent to the US, his condition was likely to give rise to psychosis or suicide.
The condition was not taken into consideration by Home Secretary Jacqui Smith last October when she permitted the extradition.
However, her lawyers said she acted within her powers.
The judges said that although Ms Smith's decision might be found to be "unassailable", Mr McKinnon had an arguable case that should be tested in court.
[...]
Mr McKinnon's legal team have sent a request to the Director of Public Prosecutions (DPP), Keir Starmer, asking for him to face trial in the UK rather than the US.
The home secretary has agreed to postpone Mr McKinnon's extradition until the DPP gives his response to the case in four weeks.
If the DPP is persuaded to try Mr McKinnon in the UK, the hacker would face a three to four year sentence, rather than a potential 70 years in US courts.
Mr McKinnon's full application for judicial review is likely to be heard after 16 March, by which time the DPP is expected to have made his decision.
Doki-Chan
hope you have seen this, (sorry no good at HTML)
http://www.theinquirer.net/inquirer/news/561/1050561/veteran-nasa-hacker-catcher-lay-gary
Disability Discrimination Act ftw!
non anonymous
Why are "those" that have changed the law in the U.S. not been held responsible for their lame actions..?
Why has been only looked to what Gary has done wrong?
What does a apologize mean after wanting to harm Gary?
ETC!
This case is complete running LAME. If this will end like how its wanted by them or just Gary been punished then this is one case is the biggest proove of a lie been completed.
A court case complete runned just to turn our planet evil. Nothing prooves right with going like this. Who want it going more bad?
Its time to ADD the REAL criminals (NASA and their helpers!) to the "real crimal list", to atleast make this thing hear "a fair court" to our planet.
Hopefully the writer of these books doesnt let them play the show and adds them to the thing they belong!
www.borders.co.uk/by/keir-starmer/449967
Elle Hart, Elec.Eng.Tech.
From the CISSP textbook again we see an example of security issues that authorities are responsible for. And in this case shows that the default password is a liability of the military administrators.
Security Architechture and Models
Trusted Computer System Evaluation Criteria (TCSEC)
The Trusted Computer System Evaluation (TCSC), commonly known as the 'Orange Book' is part of the Rainbow Series developed for the US DoD by the National Computer Security Center (NCSC) in 1983 http://www.nsa.gov/. It is the formal implementation of the BellLa Padula model. The evaluation criteria were developed to achieve the following objectives:
Measurement - Provides a metric for assessing comparative levels of trust between different computer systems.
Guidance - Identifies standard security requirements that venders must build into systems to achieve a given trust level.
Acquisition - Provides customers a standard for specifying acquisition requirements and identifying systems that meet those requirements.
The four basic control requirements identified in the Orange Book are:
Security policy
Assurance
Accountability
Documentation
**************************************
What this all means in layman terms is that Microsoft has a responsibility by law to build an operating system that implements a level of security and to provide documentation of how to use it. Microsoft knows that the general public does not know about computer security and they now build operating systems with built in firewalls and idiot proof settings (no built in default administrator account).
Given this fact is almost a show of guilt, especially since most peoples computers are wide open and they dont even know it - but Microsoft does - and I have not seen too much in the attempt of Microsoft to warn users that their operating systems are unsafe. Instead I see a coverup and a corporate attempt to bury the truth.
It also means that being that the "Orange Book' was written by the Department of Defense, they KNOW about this document and KNOW that if they failed to implement the security features that they are liable. Liable for any security incident that followed after failing to secure their computers and network. If I was them I would find the particular Administrator or Security Analyst and cut off his head. But thats just me, maybe they transfered him. How this occured I can only imaginge that possibly they failed to have their systems secured because it is too expensive to hire hard core IT Security personnel so they cut corners and hired their brother in law instead. After all he knows about computers he sits all day at one playing WarCraft. And then on top of it all they claim Gary did an outregeous monitary damage. This is a total lie. I am sure all of the computers are still bootable, therefore no physical damage. And systems down for a day? This was probably due to someone in desparation pulling the plug on a network cable trying to stop the access.
I have personally known how poorly the US Military netwook is secured. My first computer was a Texas Instruments 99/A and I surfed the net with the built in boot phone. Back then the net was Unix only and I used a Lynx program. There were no colors, the monitor was a black and white tv. If you wanted to save any data you used a tape recorder. Ever since then.
Megan
FREE GARY!!...PLEASE spend resources on prosecuting REAL criminals and keep our streets and homes safe. FREE GARY FREE GARY FREE GARY
breakcoder
I always think about Gary.
Time to time I check latest news and really hope, than finally he will be able to stay in UK.
I just heared on radio that Guantanamo prison will be closed soon..just in the worst case.
The best for you, your friends and everybody who really try to help.
Gary never give it up!
Peter Howard
Doesn't the whole thing serve him right for getting caught. Silly cunt.
Fair play though boy, sympathy factor 0.
Peter Howard
What a joke, censored then is it?
Peter Howard
Okay watch out for my 'Fuck Gary McKinnon' blog.
Isildore
Now is the time for common sense to prevail. If Mr McKinnon suffers from Asperger's Syndrome then it would be tantamount to a death sentence to send him.
Yes, what he did was wrong but it was not an act of terrorism and if went to the States he would be tried as a terrorist.
Try him in the UK fairly and even if he is found guilty, then give him a suspended sentence - the man has suffered enough!
Ganzy
To the witch hunters.. Leave the kid alone... you will only embarass yourselves collectively, even more than you already have. This is tantamont to bullying the geek in the school playground, for his genius.
He only sought to seek the truth... Apparently it's supposed to set you free...
Gary is not the droid your looking for..
Ganzy
Peter Howard.. hahaha getting angry because you thought you had been censored, but your impatience only served to reveal your nasty side.. lol
Epic sweetheart......
fg
@ Peter Howard - nobody has censored you here, but read the Comments Policy on the left of this page.
You are free to criticise Gary's past actions, which he has publicly regretted many times.
If you do set up your own "joke" attack blog, then let us know and we will link to it. Our Google Site Ranking should ensure that your blog is indexed and kept indefinitely as evidence for any future libel or other legal action, and will turn up in future internet background checks by employers or customers etc.
You should also read the small print of your Internet Service Provider's or company's or educational institution's Internet Acceptable Use Policy - we certainly will.
jazzwhistle
At last some great news for Gary :)
I'm sure many IT experts would like to see the supposed "proof" that Gary caused the US government nearly $1,000,000 worth of damage and disruption over a dial-up modem...
And if he did, we should set him free right now, give him broadband and let him loose on Al-Qaida et Al.
sarah attree
i feel sorry for gary my son has autism and this problem has only really been recognised in the last ten years. Too all those people who think garys diagnosis is convenient you must have something special and be an absolute genius (or not be normal depending on your opinion)to be able to hack into these sorts of places with just a normal pc i know i couldnt do it. I will definately be keeping an eye on my son as he is already a computer genius at age 6. free Gary he has a gift hes not a terrorist perhaps the american government should offer him a job x
Elle Hart, Elec.Eng.Tech.
"The condition was not taken into consideration by Home Secretary Jacqui Smith last October when she permitted the extradition."
AND
"Lawyers for the home secretary had argued against the review, saying the risk to Mr McKinnon's health was low."
HOW can these people so totally lack compassion?
I understand compassion to be a human trait.
And that this and other positive characteristics.
Are what built the declaration of human rights.
A document that I feel is far more important than landing on the moon.
Hey, this is my planet too.
Your approach totally offends me.
I am a believer in compassion.
Your lack of compassion is disgusting.
And that is not the direction I want my planet to go...
batfink
finaly some good news!
hes allready served his punishment in stress while awaiting all of this
free gary!
Any replied to comment from Megan
thank you for emotional and fair expression of my opinion =)
opinion of mine and the biggest part of my friends...
PLEASE, set him FREE!!!
Any
it's so funny and so ugly that he's equated to international terrorists...
what happened to justice?
what happened to common sense?
double standarts are everywhere...
is it difficult to distinguish real danger from inquisitiveness without any INTENT?!
on people everywhere are shocked =))
william Chapman
He will be seen to be a victim of a biased unratified treaty and the judge is right to review procedures......MP Jaqui Smith has shown a complete disregard for him as a British Citizen.....Her Department is unable to be impartial in its duty with the detail of his lawyers request for all the legal arguements to be heard within UK jurisdiction ......and they have ignored aspects of princible of law from other similar cases.
this shows a serious flaw of process at the highest level
There is a hole in the Ozone level and the scales of justice are tipped!
Good luck Gary!
Wil
In the past when Extradition was requested, we in the U.K were allowed a Prima Facie Case and evidence had to be shown and was allowed to be challenged. The Americans then requested extradition for only the most serious crimes (Murder etc.) and they had the evidence to prove it so it was a relatively fast process.
Whereas now that the U.S no longer have to provide any evidence, the Americans are using the new extradition treaty frivolously and are extraditing and attempting to extradite U.K business men and women, Bankers,computer geeks,hoteliers,Airline executives, entrepreneurs etc
Because they are not guilty of a crime that merits extradition (if crime there was)these people, usually with no previous criminal record, are fighting to the end to remain in the U.K as they strongly believe that this is their right, which it is!
This is clogging up much of the U.K's court time and resources and is costing our system dearly in financial and emotional terms.
There are "rightly" endless representations to the Home office and to MP's and to Government ministers and the perceived injustice is causing our systems to be clogged up with totally unecessary exradition requests for low level non violent crimes, often for actions that are not even crimes in the U.K.
It is also causing division betwen American and British people because we in the U.K have not been given equal rights to that of our American countrparts but instead had our rights "signed away in secret" by our own government that is supposed to represent our interests.
This is a gross betrayal of British citizens.
To sign this Extradition Treaty in secret meant it was ill thought out and not even debated as it absolutely should have been.
Unfortunately David Cameron's attitude appears to be no better, as he has circulated a letter saying that "he understands why America wants to extradite Gary McKinnon" and many Conservative MP's blindly send out a letter identical in every way to that of David Camerons letter, when their constituents ask them to support Gary McKinnon.
This might mean that Conservatives also intend to continue to be subservient to America and do not intend to get rid of this extradition treaty.
Even Dominique Grieve no longer mentions the extradition treaty publicly and he no longer responds to written questions about it.
Fortunately many Good Labour MP's and some good Conservative MP's chose to support Gary, as did the entire Liberal Party.
Our Government/Home Office continues to say it takes it's obligations to America seriously but it seems to have forgotten that any British governments first obligation is to it's own British citizens that they are supposedly working on behalf of.
We are their first obligation and "They Work For Us" but appear to need reminding of this.
Is your MP speaking out against this extradition treaty? If not, why not?
Elle Hart, Elec.Eng.Tech.
Currently, I am reading a book entitled 'The Future of Ideas''The Fate of the Commons in a Connected World', by Lawrence Lessig. In it he talks about how the computer and the internet has changed our world and the reflection of that in our economy and laws.
There has been a great deal of controversy since the infromation age began. Lawsuits about anti-trust as in Microsoft and the US government, Napster and the Recording Industry of America, Google search engine censorship in China.
According to the author of the book. Governments and Corporations, who had always had control over citizens in many ways such as the suppression of information and manipulating markets, have in the past ten years been experiencing loss of control.
The effort to regain control is resulting in abuse of human rights.
It is an abuse on human rights to have one country to have lesser rights than another country. It is also, I personally feel, an abuse on my rights to not be properly represented by my government.
I think it is time for governments and corporations to stop trying to control so that their personal interests are met. And I think it is time that we move from a few physical persons making all the decisions on laws snd bills to a more democratic system of ALL citizens voting on bills and laws and other decisions over the internet. There is too much abuse of the system for personal gain. I am sure somewhere someone is being paid off in exchange for promoting the current UK Extradition Treaty, for example.
The technology exists - we have been shown over and over that the system in place now does not represent the people - it does not work.
Gary McKinnons rights have been so abused in this case in so many ways it is not even necessary to go over them. Everyone knows. This is unethical and wrong.
Again, this is my planet too, and this is not the direction I want to go. I want to see a compasionate society with an open government and ethical corporations. I want to see an end to poverty and greed.
I want to see Gary McKinnon free or at least recieving a fair trial in the UK.
Eduardo Domingues replied to comment from Doki-Chan
Gary's actions should at least be used as a lesson, as data and research on protection, everyone hurt on his hacking activity may feel otherwise, but since a hole exist, someone else had the fault for it too, it is better to look at it, fix and learn. Seems that he didn't profit millions neither took Bush's administration in his hands with his laptop so, the controversy is really dividing but he should definitely be punished in a different way: cooperating with the authorities to render vulnerability indeed less vulnerable.
Elle Hart, Elec.Eng.Tech.
http://www.googlism.com/index.htm?ism=Keir+Starmer&type=1
Googlism for: keir starmer
keir starmer is a progressive barrister working from doughty street chambers
keir starmer is a progressive barrister at doughty street chambers
keir starmer is a barrister specialising in european human rights law
keir starmer is a barrister at doughty street chambers and the author of european human rights law
keir starmer is the project's legal director and a leading human rights barrister based at doughty street chambers
keir starmer is a barrister at doughty street chambers specialising in european human rights law
--------------------------------
If what Google says is true, I hope that he makes the right decision.
The decision will set a president for every British citizen to follow.
The real question here is then, does the US have the right to have British citizens taken from their homes for non violent allegations of a crime with no evidence to support the claims. And do British citizens have a right to a fair trial. And is guantanamo operating within the parameters of humanity. Are these items of interest to human rights? I really cant wait to find out.
Cause if these points are not of interest, then we'll for sure know that it is 'us' and 'them'.
Jay
Keir Starmer is now a QC (Queens Council)and no longer works at Doughty Street but was appointed as (DPP) Director of Public Prosecutions and head of the Crown Prosecution Service in November 2008.
He's written six books on Human Rights, his wife is a solicitor who works with disadvantaged children and his parents rescue donkeys.
Keir Starmer also took paternity leave recently for the birth of his first child.
So that all sounds pretty hopeful but let's wait and see.
dss
Hi maybe this is a stupid idea but couldn't someone launch a private prosecution against him for this offence forcing him to be tried in this country or the cps to drop the case and explain why.Maybe complicating the extradition.
James Colquhoun
A quick search on google will reveal Barack Obama's contact details. {phone number etc}
Make him aware of this, and it might help.
http://www.whitehouse.gov/agenda/technology/
He is lot more knowledgeable than the last moran running that country.
Jay
I Love this article on Gary from the wonderfully eccentric Mayor of London, Boris Johnstone.
It puts the whole thing into context.
Link Below:
http://www.telegraph.co.uk/comment/columnists/borisjohnson/4348617/Gary-McKinnon-believes-in-little-green-men---but-it-doesnt-make-him-a-terrorist.html
Seeking Justice UK
Keep your chin up Gary!
I tried to post this comment on Boris Johnston's column but it's not yet appeared:
http://www.telegraph.co.uk/comment/columnists/borisjohnson/4348617/Gary-McKinnon-believes-in-little-green-men---but-it-doesnt-make-him-a-terrorist.html
Great stuff Boris... you put it splendidly.
Some readers ought to do a little research before commenting negatively on your well-put argument.
A potential prison sentence of 70 years in the USA for Gary McKinnon? One-year probation in the UK is more like it!
Has the American Judicial System one law for the British Citizen and another for the Israeli's?
Short memories???
This Israeli chap got one year's probation and two years suspended sentence??? Access to NASA, The Pentagon and the Knesset.
Ehud Tenebaum (born 1979) also known as "The Analyzer", is an Israeli cracker from Hod HaSharon who in 1998 broke into many unclassified Pentagon systems in what was "the most organized and systematic attack to date" on US military systems.
Tenenbaum became known in 1998 at the age of 19 when he was caught by the FBI after accessing computers belonging to NASA, The Pentagon and the Knesset. Tenenbaum received one year of probation, a two-year suspended prison sentence which would be enforced if he commits another computer crime within three years and a $18,000 fine. After his conviction, Tenenbaum used his expertise working as a computer security consultant in order to help Israeli organizations protect their computer networks against cyber attacks.
In September 2008 Tenenbaum was arrested by the Canadian police in Montreal and was charged with six counts of Credit card fraud, in the sum of approx. 2 million Canadian dollars.
Source: http://en.wikipedia.org/wiki/Ehud_Tenenbaum.
I now know why he wasn’t prosecuted separately by the Knesset after his arrest… Oh yes...he worked for Israeli organizations later… why not, with his previous easy-access to the Pentagon and NASA?
For those who don't know the difference between a hacker* and a cracker**.
The New Hacker's Dictionary defines Hacker as:
1. "A person who enjoys exploring the details of programmable systems and how to stretch their capabilities, as opposed to most users, who prefer to learn only the minimum necessary. RFC1392, the Internet Users' Glossary, usefully amplifies this as: A person who delights in having an intimate understanding of the internal workings of a system, computers and computer networks in particular.
2. One who programs enthusiastically (even obsessively) or who enjoys programming rather than just theorizing about programming.
3. One who enjoys the intellectual challenge of creatively overcoming or circumventing limitations."
The term Cracker was introduced later in defence against journalistic misuse of Hacker, to differentiate between ethical hackers and the malicious hackers who subvert computer security for vandalism, personal gain, or other types of crime.
Most true hackers consider crackers a separate and lower form of life.
Incidentally...Heard of this hacking chap?
He only invented the World Wide Web!
Sir Timothy John Berners-Lee OM KBE FRS FREng FRSA is an English computer scientist credited with inventing the World Wide Web.... During his time at university, he was caught hacking with a friend and was subsequently banned from using the university computer.
Source: http://en.wikipedia.org/wiki/Tim_Berners-Lee
Research = winning the case
Good Luck and God Bless you and your mum.
Harris Iqbal
I think Gary should be freed. It is insane that they are planning to put him in prison for 70 years. I think the computer administrator who left "default" passwords should be put in Jail.
- Harris
Elle Hart, Elec.Eng.Tech.
Excellent, I'm speachless...
Jon
It's even in the Guardian.
http://www.guardian.co.uk/politics/2009/jan/27/boris-johnson-slams-extradition-decision
Fantastic Coverage! It seems people might be waking up at last.
Elisabeth Finch
The U.S should be grateful it was mcKinnon that hacked into their secutity system and not one their many enemies. McKinnon is harmless and they know it. The lessons they have learnt were cheap at twice the price. I suggest the U.S offer mcKinnon a job. LIZ
Donald Cuff
Gary's mother Janice is truly georgeous..... is she available for dinner?
non anonymous
Was that comment above (from Donald C) waiting for me? :)
Probably YES! because all my last messages are deleted, that's unfair. Or was it deleted by the c'i'a oem (version)? :p
Elle Hart, Elec.Eng.Tech.
This is a pretty good article about IT security being mostly an issue with miss configured machines and such...Like the default password on the military PC's
http://newsroom.cisco.com/dlls/2008/ts_102808.html
New study pinpoints bad staff behaviors, not hackers as primary source of data leakage
October 28, 2008
By Alan Radding
When Benjamin Craig managed networks at a US Air Force base overseas in the late 1990s , he realized he could not assume even military people were computer security aware. "We needed to train people about social engineering," he recalls. Social engineering refers to techniques hackers use to trick people into revealing passwords or allowing access to computer systems.
New study pinpoints bad staff behaviors, not hackers as primary source of data leakage..................
Elle Hart, Elec.Eng.Tech.
Daniel Cuthbert - Give ME a break Daniel...
1. YOU never had to face extradition
2. YOU were never facing 70yrs
3. YOU call yourself an IT security pro - accessed a server and did not know it or admit to it?
4. YOU did not leave a note for admins alerting them
5. YOU got off with a fine and are upset?
6. plus - YOU missed the whole deal - Gary just wants a FAIR TRIAL at home - like you got buddy...
http://go.theregister.com/i/cfh/http://www.theregister.co.uk/2009/01/30/cuthbert_mckinnon/
fg
@ Elle - even in the article in The Register, you will find that Daniel Cuthbert has always supported Gary's right to a fair trial in the UK, rather than extradition to the USA.
There are lots of UK IT security experts who agree that both Gary and Daniel have been unfairly treated by the political and legal systems.
Zony
This one is an awesome article about IT security and being mostly an issue with miss configured machines..Have an good time.