March 2009 Archives

David Gilmour to sing on "Chicago" protest song in support of Gary McKinnon

By fg on March 27, 2009 9:02 AM | 34 Comments

The famous musician David Gilmour CBE, formerly of Pink Floyd, is supporting Gary McKinnon's cause, by helping to sing on a Protest Song, which will hopefully penetrate the massive "security" and media hype surrounding President Barack Obama and Prime Minister Gordon Brown, which is frightening off so many peaceful democratic protestors from the G20 summit in London next week.

Thursday 26th March 2009

David's Vocal Support For McKinnon Extradition Protest

Gary McKinnon is a Scot, accused of the computer hacking of US military Web sites, and under threat of extradition to the US to stand trial. He has thus far been unsuccessful in fighting extradition, under the current extradition treaty between the UK and the US, seen by many as one-sided.

Gary's mother Janis Sharp is organising a 'sing-in' protest on Thursday 2nd April, involving a multi-artist rendition of Graham Nash's 'Chicago', which originally referenced the 'Chicago 7', arrested for protesting at the 1968 Democratic Convention. David has contributed a vocal part to the backing track, although plans are not yet finalised re: other artists' involvement.

David is not able to participate in person at the April 2nd protest, but said: "Gary McKinnon should not be being extradited to the USA for his naïve hacking. It is a heavy handed response from the US and it's hard to understand that the English justice system could not be more effectively used to prevent this. I am hoping that common sense will prevail".

Diagnosed with Asperger's Syndrome by eminent psychologist Professor Simon Baron-Cohen, Gary McKinnon has been the subject of a radio play, The McKinnon Extradition, broadcast on BBC Radio 4. Further updates will appear as more information is received.

David Gilmour and his manager Paul Loasby have helped to obtain copyright clearance from Graham Nash, to allow Janis Sharp's re-written lyrics to Chicago.

Hopefully some other musicians will also join in and show their support.

April 2nd 2009 also happens to be the United Nations World Autism Awareness Day, which is being supported by 18 UK charities

Janis Sharp's new lyrics [updated 30th March] to Graham Nash's song Chicago, should have particular resonance for US President Barack Obama, or his political advisors, many of whom share his background in Chicago community politics, and who may be able to influence the US Federal Government bureaucracy's attempt to extradite Gary McKinnon from the UK:

Continue reading David Gilmour to sing on "Chicago" protest song in support of Gary McKinnon.

Terry Waite supports Gary McKinnon

By fg on March 16, 2009 3:08 PM | 21 Comments

The BBC reports that Terry Waite has come out in support of Gary McKinnon.

'Drop hacker case' - Terry Waite

Human rights campaigner and former hostage Terry Waite has called on the US to drop charges against British computer hacker Gary McKinnon.

[...]
Mr Waite, a hostage in Lebanon for four years, called the motives "harmless" and said "common sense" was needed.

He said the Pentagon ought to thank the self-confessed hacker for "exposing" the vulnerability of its computer security.

Mr Waite said Mr McKinnon's illness, a form of autism, made him "irrationally obsessive" and added that it was a waste of time to pursue him.

"No nation under the sun ought to convict an individual whose behaviour is occasioned by illness," he said.

"Gary is clearly a very clever chap.

"He has that unique ability to find his way through the internet jungle and enter the inner recesses of the Pentagon. Full marks for his ingenuity.

"Was Gary a spy? Was he attempting to bring down the mighty military force of the USA? As far as I know he was not. He was simply looking for little green men.

"Anyone who has the slightest acquaintance with [Asperger's Syndrome] will know that while the sufferer can be, and indeed often is, brilliant in certain logical processes they can become irrationally obsessive in other directions."

However, Mr Waite - who was kidnapped in Lebanon in 1987 - said he supported the efforts of the authorities to "track down and stop illegal activity" on the web.

Mr McKinnon's lawyers have appealed for him to be prosecuted in the UK on lesser charges, but the CPS said the best place for the case to be heard was the US.

[...]

Other eminent people who have come out in support of Gary McKinnon's right to be tried in the United Kingdom, rather than being extradited to the USA, include the UK Government's independent reviewer of terrorism legislation, Lord Carlile of Berriew:

The Guardian: Terror law watchdog Lord Carlile joins clamour for accused hacker to be tried in UK instead of US

Judicial Review of Gary McKinnon's extradition case dates: Tuesday 9th June and Wednesday 10th June 2009

By fg on March 2, 2009 2:16 PM | 49 Comments

The Judicial Review of Gary McKinnon's extradition case, is provisionally set to be heard on Tuesday 9th June and Wednesday 10th June 2009.

Only the Aspergers's Syndrome aspects of the handling of the case by the Home Office etc. will be heard, none of the alleged evidence against Gary will be allowed to be heard or challenged. No other Human Rights aspects of the case will be heard either.

Eminent supporters of Gary McKinnon - entrepeneur Karl Watkin MBE and pop star Sting

By fg on March 2, 2009 2:04 PM | 10 Comments

There are an increasing number of eminent people who are coming out in public support of Gary McKinnon.

The Mail on Sunday reports Pentagon hacker faces 70 years in US jail - because CPS won't try him in Britain

Support: Mr McKinnon now has the backing of Sting

Sting told The Mail on Sunday: 'It's a travesty of human rights that Gary McKinnon finds himself in this dreadful situation.

'The US response in relation to the true nature of Gary's crime is disproportionate in the extreme. Gary is even contemplating suicide because of his fear of incarceration as a terrorist in a US jail.

'The British Government is prepared to hand over this vulnerable man without reviewing the evidence.'

Sting pointed out that Mr McKinnon faces extradition under an Extradition Act signed by Britain but not Washington - which means Britain does not have reciprocal rights.

The successful entrepeneur Karl Watkin MBE has also written to the Prime Minister:

Rt Hon Gordon Brown MP
Prime Minister
10 Downing Street
London
SW1A 2AA

27 February 2009

Dear Prime Minister

Re: UK Extradition Legislation

I have been an international business man all of my life and, as such, have taken an extremely keen interest in the insidious and unbalanced extradition treaty your government agreed with the United States of America in 2003.

I have always believed that the primary duty of any government is the protection of its citizens. I would hope that any Member of Parliament would share this belief, especially its Prime Minister. Sadly however, it seems you do not, since the protection of British citizens was thrown out of the window when your government agreed the unfair US extradition treaty.

The changes to the UK's extradition legislation in 2003 were said to protect us from terrorists. Yet whilst we protect foreign nationals, accused of terrorism from the dangers of torture if returned to their home countries, there are no longer adequate safeguards to protect our own vulnerable citizens from the treatment they may face in the United States - a country whose tarnished reputation is not limited to the horrors of Guantanamo Bay.

Both Gary McKinnon, who suffers from Asperger's Syndrome, and Ian Norris who suffers from prostate cancer are vulnerable citizens. Here in the UK we have the necessary powers to prosecute them but we declined to do so, thereby compounding their suffering. Does the British government's humanity only extend to fellow politicians, not citizens?

The bottom line here is that with Gary and Ian, and countless others who follow them, you have the opportunity to reassure your electorate that your government has not abandoned its primary duty.

The principles of fairness and decency should be the backbone of any government, not least a Labour one. It's not too late to do the right thing.

Yours faithfully

Karl Watkin MBE

cc: Rt Hon Jacqui Smith MP, Secretary of State for the Home Department
Home Secretary, Home Office, 2 Marsham Street London SW1P 4DF

Liberal Democrat Freedom Bill 2009 calls for removal of USA from Extradition Act 2003 part 2 territories list, citing the Gary McKinnon case

By fg on March 2, 2009 1:51 PM | 3 Comments

Chris Huhne MP, the Liberal Democrat Home Affairs spokesman, launched the Liberal Democrat party's Freedom Bill 2009 last week, and spoke about it at the Convention on Modern Liberties on Saturday.

They want to repeal or reform about 20 bits of repressive legislation, including:

http://freedom.libdems.org.uk/the-freedom-bill/full-text-of-the-freedom-bill/#extradition

CHAPTER 3

EXTRADITION

Designation of part 2 territories

3 Removal of the United States of America from part 2 territories

(1) In the list of territories in paragraph 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003(S.I. 2003/3334) "the United States of America" is omitted.

Their explanatory notes

http://freedom.libdems.org.uk/the-freedom-bill/5-extradition-to-the-united-states/

say:

[...]

The Liberal Democrats have consistently opposed the extradition arrangements with America. We spoke and voted against the orders implementing our end of the treaty in December 2003 (with Sir Menzies Campbell taking the highly unusual step of speaking at a committee of which he was not a member to highlight our opposition). In 2006, we tabled a bill to restore the need for prime facie evidence to be provided by US authorities when requesting extradition and later that year, we supported amendments to the Police and Justice Bill that would suspend our implementation of the Treaty. We did so because we believe the Extradition Act is manifestly unfair to British citizens, such as in the Gary McKinnon case.

[...]

« February 2009 | Main Index | Archives | April 2009 »

Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, without any prima facie evidence or charges brought against him in a UK court. Try him here in the UK, under UK law.

If you feel strongly enough that Gary McKinnon should not be extradited to the USA, but should be tried here in Britain, then there are various people you can write to.

Firstly you can write to us here at info@freegary.org.uk. We will pass your messages of support on to Gary, and publicise this support to the media and to the politicians.

You can post anonymously here on this blog, but please be polite. Alternatively you can send us emails, but if you want a reply and the latest news, then you need to use a valid email address.

You can write to your Member of Parliament via WriteToThem

If your Member of Parliament has not already done so, then please ask them to sign

Early Day Motion 2388 sponsored by David Burrowes MP

(Previously, EDM 241 sponnsored by the then Conservative MP and now Mayor of London, Boris Johnson, also gathered a large number of MP's signatures opposed to the unfair Extradition Act 2003 and the Extradition Treaty with the USA).

You can also write to ~~David Blunkett~~ ~~Charles Clarke~~ ~~John Reid~~ ~~Jacqui Smith~~ ~~Alan Johnson~~ Theresa May who is now the 6th Home Secretary who has had the responsibility for Gary McKinnon's extradition case:

You can send an email public.enquiries@ homeoffice.gsi.gov.uk or a letter to:

Home Secretary
Rt Hon. Theresa May MP
c/o Direct Communications Unit
Home Office
2 Marsham Street
London SW1P 4DF

Home Office Contact Us page

WhiteHouse.gov - the official website of the President of the Umited States of America, Barack Obama.

"President Obama is committed to creating the most open and accessible administration in American history. To send questions, comments, concerns, or well-wishes to the President or his staff, please use the form below:"

Contact the White House web message form.

Please use this form to remind them just how counterproductive, and damaging to US national interests, especially to their supposedly changed international reputation, putting Gary McKinnon on trial in the USA would be.

This blog operates a reasonably tolerant blog comments policy.

You are free to condemn Gary McKinnon's past stupidity, and to highlight the need for appropriate, proportionate criminal justice, all of which Gary accepts.

Please try to be polite (although you will not be banned simply for the odd expletive).

Do try to keep on topic

If you feel the need to publicise lots of URLs (especially without explanation), or lengthy articles, not directly related to Gary McKinnon's extradition case, then link to your own blog article, otherwise your comment will be filtered out as spam.

You would be very wise to read the small print of the Internet Acceptable Use Policy applied by your Internet Service Provider, company or educational institution etc. and refrain from threats or libel (including unsubstantiated allegations without any real evidence) or expressions of hatred etc. against Gary, his family or supporters, or even against groups people or organisations in the United States of America or the United Kingdom etc.

Eochaidh MacDhalaigh OghaChruithne: It's good to know that the MoD has the backbone read more
fg: @ Eochaidh - it is a Conservative / Liberal Democrat read more
fg: @ Paul Gray - not possible! If worst case he read more
Paul Gray: If worst case he had to serve time on US read more
Eochaidh MacDhalaigh OghaChruithne: It is now Thursday 29 September 2011. Is the Cameron read more
Pepsi123: Although Gary Mckinnon did break the law, I believe the read more
Denis Burke: Hello Gary, Hope all goes well, we all know what read more
Eochaidh MacDhalaigh OghaChruithne: The U.S. has been reported to have insisted that Gary read more
Anonymous: I refer you to the Government e-Petitions website where someone read more
fg: @ Blair Finlay - from the narrow perspective of out read more
Blair Finlay: thing is the US has almost identical laws on double read more
Dr Mike: I cannot believe this inhumane treatment of Gary and his read more
Elle: This case on the romanian security breach of NASA in read more
Eochaidh "Corky" OghaChruithne: British hackers or anarchists have threatened to shut down the read more
Loretta Dean: How long does it take our Gove to JUST SAY read more

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Either save this image and link to us, or copy the HTML code below into your web page or template:

Thanks to Putfile.com for hosting one of these links locally on their servers. The over half a million hits this site took in 24 hours when they were linking directly, is welcome publicity, but was costing us a lot of bandwidth !

This blog website is intended to support British citizen Gary McKinnon, who is facing "fast track" extradition to the USA (after over ~~five~~ ~~six~~ ~~seven~~ ~~eight~~ nine years since his initial arrest !). Gary was indicted by a US court in November 2002, accused of "hacking" into over 90 US Military computer systems from here in the UK. 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 by allied regimes ("extraordinary rendition") is an ongoing scandal. It cannot be excused even by a "war on terror". It seems only just that Gary should face any charges in a British court, and to serve any sentence, if he is found guilty, in a British prison.

Please feel free to email us your views about this blog, or news about the issues it tries to comment on:

info@freegary.org.uk

Download our PGP Public Encryption Key, if you want to make use of it to send us anything confidential.

N.B. Gary McKinnon was "not allowed to use any computer connected to the internet", as part of his bail conditions.

Is anyone more likely to have any email accounts he dared to use, monitored by the UK and US authorities ?

If you are a tv or radio or print journalist, or a freelance writer or documentary film maker, wanting to interview Gary, please include some full contact details and a contact phone number, and we will pass on your request to Gary's family.

Several people have expressed interest in "signing a petition" in support of Gary's plight.

N.B. the anti-road pricing / snooping petition on the Number 10 Downing Street website achieved 1,791,942 signatures, but this was rubbished and ignored by the Labour Government under Tony Blair, so do not expect too much of what will inevitably be much smaller petitions in support of Gary McKinnon.

This PledgeBank Pledge (not quite the same as a traditional petition), resulted in lots of people actua;lly taking the time and trouble to write to the then Home Secretary John Reid - so many that the Home Office stopped sending back indfividual replies.

http://www.pledgebank.com/FreeGary

This Pledge closed on 8th June 2006, and attracted 745 pledge signatures.

People have petitoned the Prime Minister (Tony Blair):

http://petitions.pm.gov.uk/ GaryMcKinnon/

We the undersigned petition the Prime Minister to Stop the extradition to the US of accused hacker Gary McKinnon.

This petition closed on 27 August 2007 with 876 Signatures.

There is a petition on a web petitons site, which is open for signature:

Stop the extradition of Gary McKinnon to the United States

We the undersigned urge Gordon Brown and the UK Government to consider the evidence and if appropriate prosecute Gary McKinnon, an Asperger Syndrome sufferer, in UK courts rather than allow him to be extradited to the US for offences relating to accessing US Government computers in 2001.

There is another ~~current~~ No 10 Downing Street website Petition to the Prime Minister (Gordon Brown):

http://petitions.number10.gov.uk/US-extradition/

We the undersigned petition the Prime Minister to Scrap the US/UK extradition treaty

Another Petiton (August 2009): Sign up 4 Gary McKinnon:

We, the undersigned, call on the Prime Minster Of the UK and Alan Johnson and the UK Government, for Gary to be tried in the UK- FREE GARY.

Petition to Stop the Gary McKinnon extradition to the United States (November 24th 2009)

We the undersigned urge Gordon Brown and the UK Government to consider the evidence and if appropriate prosecute Gary McKinnon, an Asperger Syndrome sufferer, in UK courts rather than allow him to be extradited to the US for offences relating to accessing US Government computers in 2001.

Kaim Todner - solicitors

November 2002 Grand Jury Indictment (.pdf)

November 2002 Grand Jury Indictment with all the "censored" IP addresses revealed by "cut and paste".

Virginia Indictment - November 2002 Department of Justice press release

New Jersey Indictment - November 2002 Department of Justice press release

New Jersey indictment - full text

Military Commission Order No. 1 (.pdf) - signed by President George W. Bush, March 21st 2002.

Extradition Act 2003

Computer Misuse Act 1990

Read the Foreign & Commonwealth Office official online and printed copies of the unbalanced USA - UK Extradition Treaty - it even uses American English words and spellings e.g "offenses" and "authorize" ! Extradition Treaty between the UK and the United States of America with Exchange of Notes Presented to Parliament: June 2007 (.pdf)

Statewatch's analysis of the civil rights defects in the UK-US Extradition treaty

Oral Evidence on UK-US Extradition Treaty given to the House of Commons Select Committee on Home Affairs on 22nd November 2005 given by Senior District Judge Tim Workman; Ms Sally Ireland, Senior Legal Officer, JUSTICE; Andy Burnham MP, Parliamentary Under-Secretary of State, Home Office

International Extradition Blog - by McNabb Associates a law firm that specialises in international extradition cases.

The Appeal Court Judgement issued on 3rd April 2007 is now online via the BAILII database

Neutral Citation Number: [2007] EWHC 762 (Admin) Case No: CO/5897/2006

The House of Lords Judgment - 30th July 2008:

McKinnon (Appellant) v Government of the United States of America (Respondents) and another

Gary McKinnon's statement to the Director of Public Prosecutions, January 2009, published by Computer Weekly: US took 39 months to demand McKinnon's extradition.

McKinnon v Secretary of State for the Home Department [2009] EWHC 170 (Admin) (23 January 2009) - Oral Hearing which allowed a Judicial review on the Asperger's Syndrome aspects of the case, to be held some time after 16th March 2009

Computer Weekly have published Crown Prosecution Service Review Note 3, which explains some of the reasons why the CPS found insufficient evidence to prosecute Gary in the UK, including some inadmissable hearsay, and doubts that some of the alleged computer foresnic evidence was up to the ACPO guidlines for ensuring an untampered chain of evidence, and doubts about the unproven amount of alleged financial damage being claimed.

The British and Irish Legal Information Institute have published the text of the two combined Judicial Review Judgments made against Gary McKinnon which were handed down on Friday 31st July 2009:

McKinnon, R (on the application of) v Secretary of State for Home Affairs [2009] EWHC 2021 (Admin) (31 July 2009)

Lord Justice Stanley Burnton and Mr. Justice Wilkie's refusal to allow Gary McKinnon's case to be certified to go up to the Supreme Court on appeal,handed down on Friday 9th October 2009.

McKinnon, R (on the application of) v Secretary of State for Home Affairs [2009] EWHC 2449 (Admin) (09 October 2009) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2009/2449.html Cite as: [2009] EWHC 2449 (Admin)

London 2600 - open monthly meeting which discusses IT Security and Technology etc., from both sides of the fence.

Egypt 2600 - just like London 2600, but in Egypt, also interested in the Gary McKinnon's case.

School of the Americas Watch - information on the notorious "School of the Americas" renamed to the "Western Hemisphere Institute for Security Cooperation" in Fort Benning, Georgia.

The Disclosure Project serious research about possible UFOs

Wikipedia entry for Gary McKinnon - has links to several media interviews etc.

Scottish Human Rights website inspired by thinking about Gary McKinnon's case, and realising that similar things could so easily happen to you. The law in Scotland is somewhat different from the rest of the United Kingdom.

Free Babar Ahmad - another British (Muslim) IT worker, also facing extradition to the USA, also at risk of a Military Tribunal.

FriendsExtradited.org - campaign support for the Enron / NatWest 3 bankers - David Bermingham, Giles Darby and Gary Mulgrew ~~facing extradition~~ extradited to the USA for alleged crimes committed in the UK.

Stop the Extradition of Sean Garland - an Irish Republican politician arrested in Belfast, also facing extradition to the USA for alleged crimes committed in the UK or in Russia.

www.notoextradition.co.uk - petiton Labour MPs to support the amendments to the Extradition Act 2003 passed by the House of Lords to the Police and Justice Bill, when it comes before the House of Commons at Report Stage on the 9th and 10th of October 2006. About 50 Labour MPs are required, as all of the Conservatives, Liberal Democrats and most of the other minor Opposition parties are committed to support these amendments.

Howes Family Extradition Fight - amother extraordinary extradition case to the USA.

Financial appeal to sue the UK Government - Ross Hemsworth, an online radio presenter of paranormal and UFO investigations, is trying to taise £5000 to initiate legal proceedings, with the help of top human rights law firm Bindmans LLP, against the Home Secretary, to "challenge the government's refusal to review the unjust and one-sided extradition treaty with the USA."

www.garymckinnon.tk - support website for Gary McKinnon by Ed Johnson.

This blog tries to be helpful to journalists, documenatry film makers, book researchers etc. who are researching the background of the Gary McKinnon extradition story.

For those academic thesis supervisors using search engines or academic plagiarism detection tools, here is an example of how not to "research" a thesis or dissertation about the Gary McKinnon extradition case.

See the comments by "Eye4Lies" in the comments on starting at House of Lords Judgment against Gary McKinnon now online and again at European Court of Human Rights to hear Gary McKinnon's application against extradition to the USA on 28th August 2008

March 2009 Archives

David Gilmour to sing on "Chicago" protest song in support of Gary McKinnon

Terry Waite supports Gary McKinnon

Judicial Review of Gary McKinnon's extradition case dates: Tuesday 9th June and Wednesday 10th June 2009

Eminent supporters of Gary McKinnon - entrepeneur Karl Watkin MBE and pop star Sting

Liberal Democrat Freedom Bill 2009 calls for removal of USA from Extradition Act 2003 part 2 territories list, citing the Gary McKinnon case

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Write to US President Barack Obama

Extradition Watch

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