The British and Irish Legal Information Institute (bailii.org) now has the text of the England and Wales High Court (Administrative Court) Decision:
McKinnon v Secretary of State for the Home Department [2009] EWHC 170 (Admin) (23 January 2009)
Neutral Citation Number: [2009] EWHC 170 (Admin)
CO/9914/2008IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
DIVISIONAL COURTRoyal Courts of Justice
Strand
London WC2A 2LL23rd January 2009
B e f o r e :
LORD JUSTICE MAURICE KAY
MR JUSTICE SIMON
____________________Between:
GARY MCKINNON Claimant
v
SECRETARY OF STATE FOR THE HOME DEPARTMENT Defendant
This Oral Hearing rejected the legal submissions about the inhumane conditions of US Federal Supermax prison conditions, but it did consider the impact of the Asperger's Syndrome diagnosis..
It also explains what the Director of Public Prosecutions may or may not be doing at the moment - N.B. the mid-February estimate of a decision by the DPP has already been passed.
The Judges set a Judicial Review hearing date on the Asperger's Syndrome aspects, to be held some time after 16th March 2009.
Ben Annett
Go Gary!
I'm pleased that you are still on home soil - but how much longer can this go on for?
Ben x
Elle Hart, Elec.Eng.Tech.
Don't like the way this is going.....
The appeal is about 'inhumane conditions' and now it is about 'asperers condition'.
That is fine and all - but should not the issue be about:
1. The difference in length and severity of punishment - as stated in the 2003 act, that the extreme difference between the two countries level of punishment is proof enough that Gary would not be facing the same in the USA?
2. The 2003 Act is consistently referred to by the UK - but the Computer Missuse Act is NEVER referred to?
Seems that Gary is is being worked over and over and over by the legal system that is not upholdoing it's own fundamentals...
Elle is not happy
Daniel McDicken
I can only express my support for Gary and would just like to say the whole legal system is a complete farce. I should know I worked for them!
I did all the right things went to college studied hard at computing being one of my passions and I am still unemployed.
I can do web-pages on the fly, but the whole computer security industry bites the hand that feeds. If you find a vulnerability and exploit it and then let them know they do not thank you for making them aware of it. Instead they label you as a script kid or a cracker.
Decrying your actions so as to distance themselves from the backlash.
I can only say so much for the hacker cry of "Hackers of the World unite!" because they are not united, they are divided and divided they shall fall.
People like myself and Gary if we find a security hole and then take advantage of it, we're not rewarded we're prosecuted.
Blackhat till the day I die! F*** microsoft!
Elle Hart, Elec.Eng.Tech. replied to comment from Daniel McDicken
As one with that experience, I sympathize fully - I suggest joining the international 2600 club!
http://www.2600.com
_ non _ anonymous __
Strikes, still the same bulsh*t: "sending out to the U.S. or not sending out".
Can this (talk) not been shut down?
www.guardian.co.uk/technology/2009/feb/23/hacking-extradition]
The next step here is to take care of people
Who wants the U.S. wich is violating every human rights to watch over the U.K.?
Does this violates something or is it just allowed?
[link.brightcove.com/services/link/bcpid1184614595/bctid8800852001]
Elle Hart, Elec.Eng.Tech.
Here is a suggestion for the Judge...
Time Served
Has not Gary an his family been through enough?
Eight ( 8 ) years of legal crap?
peter
There needs to be a March on the Crown Prosecution Service.. they refused to bring charges against him in the UK, that's outrageous! The home secretary has done NOTHING to help our home (how much damage is she causing, will she be extradited?). With America moving to a more socialist position (now capping of gov contract pay etc), the UK may soon have the worst foreign policy to it's own people!
Do the "Crown Prosecution Service" even no what a firewall is? This trial is a joke, the US should be ashamed for pushing Gary to be extradited.
Did you know the computer IPs in question were on a PDF of the court case and a simple copy paste shows them!
Give Gary a job in security after a formal apology not the stupid threat of 70 years. Now this trial is just getting stupid.
Osama Bin Laden
The sooner Gary gets extradited to a US Slammer, the better!
Anonymous
He has commited a crime, send him to America to face the music. We don't want these idiots in this country, "HUMAN RIGHTS" gone mad. He's a criminal - so he deserves NONE.
_ non anonymous__
^^ Whatever you said, you might be from the U.S.
and for "Human rights", you might be very stupid.
There's no human rights like how it's written on papers.
Go threat your own children.
Harold Norcross
The inept way in which the CPS has dealt with Gary McKinnon should not fill HM Armed Services with confidence in carrying out our Government's dubious edicts .
Olive
He won't be sent to America.
The vindictive pursuit of Gary McKinnon will destroy this one sided extradition "treaty" that was supposedly to be used for terrorists but is being used against British bankers, British Airways Executives, Hoteliers aged in their seventies, entrepeneurs and computer geeks.
This one sided treaty with America is an outrage and a betrayal of British Citizens and the sooner it is ripped up the better and it soon will be.
You should have signed yourself Osama Bin Forgotten because you obviously can't find any terrorists so prey on British citzens and make yourselves look incredibly stupid.
Gary McKinnon embarrassed you, so you want to crucify him.
It'll all come back to you. What goes around comes around.
Rosie
Gary,
Asperger's is not a disability. I have never viewed myself as handicapped or a second class citizen. I have a triple first from Cambridge, a doctorate, and can play any musical instrument professionally.
I do not have many friends, and sometimes struggle to understand folk, but I would not change who I am, as God made me that way.
If the neurotypicals do send you to jail that is illogical and cruel. However when you get out, you should become an IT security consultant.