Gary McKinnon and his family and supporters are yet again awaiting a legal procedural decision about whether or not his case can go forward to be heard by the new UK Supreme Court, or not.
This decision (made behind closed doors, by the legal bureaucracy) is expected tomorrow, Friday 9th October 2009 at 9am.
In theory , even then, the actual Supreme Court could decide to listen to the application to be heard, and then reject this, much as the European court of Human Rights in Strasbourg did., but hopefully, the behind the scenes legal network will have sorted things out and if , given the legal precedent of the Ian Norris case, permission is granted to apply to the UK Supreme Court, then there should be no reason for them to refuse to hear the case.
When they hear it, is another matter.
The USA extradition case of Ian Norris, which also has human rights and medical aspects (prostate cancer), is scheduled to be heard by the new UK Supreme Court on the 30th November 2009. - see the schedule of future sittings (.pdf)
If permission is granted tomorrow, then that would make it unlikely for the Supreme Court to try to squeeze Gary McKinnon's case in this Michaelmas Term (Thursday 1st October 2009 to Monday 21st December 2009), unless, of course, the Home Office try to deport him to the USA anyway.
It is more likely that they will schedule a hearing for the Hilary Term (Monday 11th January 2010 to Wednesday 31st March 2010), or even later.
Unfortunately, it seems from BBC news that Gary's leave to appeal has been rejected.
What an utter joke! This government and indeed our legal system in the UK is an utter joke!
He's going down, thank you there is justice finally.
JUSTICE? To be deported to an alien land to be tried for an alleged crime committed in the UK? Get real.
Can't do the time don't do the crime... I am so happy this guy is facing justice, does having Asperger's mean he doesn't know right from wrong? Did he think hacking a military network was okay? Hes supporters want him to face justice in the UK because they know our punishments are a joke!
Mike and James show an incredible amount of ignorance about this case and appear very immature so I wouldn't take them very seriously.
As for the ruling, I think it's horrific and unbelievable after all that has been investigated and said.
My cousin has Aperger's and I can't imagine him having to go through this. There is not one shred of evidence that Gary wanted to anything other than to find out about aliens.
My heart goes out to Gary and his family.
Keep fighting till the end
I think you'll find that there are a large number of people in this country who would like to see Gary face justice.
FACT: He hacked into someone else's computer system. This could have been by office PC and what he did was illegal and no matter what 'Syndrome' he has he should face justice
As for his 'human rights' - what about the human right of an American citizen to their defence by a computer system that is not being hacked into by someone i a foreign land?
As said in a previous post - if you can't do the time, don't do the crime.
this guy has been treated appallingly - I am not sure how there is anything proportionate in deporting him for up to 60 years! Murderers and rapists get less!
And by the way, to the idiot above, yes, a genetic mental health condition such as Asperger's is a valid reason to treat someone differently from someone without a mental health condition. You wouldn't tell someone with bi-polar disorder (manic depression) to stop whinging would you???
What did this guy think was going to happen?
In the US you don't get out of prison because you are sick either.
So the US is more than happy to let Roman Polanski swan around for decades after drugging raping, and sodomising a 13yr old, but they want to make a world scapegoat out of Gary because they left their most important server passwords on default, it absolutely beggars belief.
A lot of good companies actually hire people to do what Gary did (test their security), it's a crime that the US can't bring themselves to lose face here, hold their hands up and say "We had no security whatsoever on these machines, and we deserve everything we got."
@ James - you are jumping the gun somewhat - Gary's case has not been tried by any court yet - he is still innocent until proven guilty.
All the legal appeals so far have been about points of law, not about the allegations or any evidence or witnesses against him, none of which have been cross examined by his lawyers.
my 2 pence worth.
1. the alleged crime was committed over here, therefore any prosecution should be conducted over here before a jury of Gary's piers (US citizens are not his piers)
2. if he is extradited Gary faces a punishment that does not fit the crime, he could get longer in jail than some killers do….this is cruel and unusual punishment.
3. his mental condition should be taken into consideration (so far I don't think it has)
4. the US authorities have only got themselves to blame because of the ridiculously lax security on their computers
If the DPP/CPS are unwilling to try Gary over here, then maybe someone over here should start a private prosecution!!!!
RE having Aspergers meaning he doesn't know right from wrong.... to some extent yes - Aspergers sufferers can be obsessive about a topic, to the extent that they disregard the consequences (in fact, they have difficulty with the concept of consequences).
Would you have the same view if he'd been 8 years old? because, from experience, an ASperger's sufferer can appear adult and sensible, but in other aspects of their world, they can have the outlook of a small child.
re "hacking" a military network - I get the impression that he just tried opening a few doors and found them to be unlocked, so carried on looking inside.
Aspergers or no Aspergers the only reason this guy is being extradited to the US is for one reason only HE EMBARRASSED THE GREAT US all blank passwords on NASA, information given by people working there thinking he was someone else working for them.
Did not even check him out.
AMERICA ACCEPT SOME OF THIS IS YOUR FAULT.
I do not doubt that some of this is political and pressure put on our governemnt just like Binyam Mohammad was. Our goverment is so craven Gordon Brown hides behind the doors of no 10 and the rest of his cabiner yellow. Do not blame the judges their hands are tied with the onsided extradition law to the US and Europe.
Maggie
How can it be that we bent over backwards to get Samantha Orobator back into this country and safe from the death penalty (the girl who smuggled huge quantities of heroin in Laos) and we can't help this man. I am disgusted, she got herself pregnant by a criminal in jail to get herself off the hook, it's sickening, her crime was far more serious and had she got away with it, the drugs she smuggled could have harmed many people and she would have profitted nicely from her crime. This man has made no profit from a crime that has caused no harm to anyone. This country makes me sick.
For" it is not for this Court to decide where he should be prosecuted." read - we wash our hands of responsibility to our citizen. We refuse to make judgements about the blatanly skewed extradition treaty that would allow the handover of this individual who has a proven vulnerability, and we will hand over the decision to the DPP.
" it is not for this Court to decide where he should be prosecuted." Direct contradiction. They suddenly have an opinion.
"His opinion that the criminality of the Claimant's offending cannot fully be investigated here cannot be challenged:" -Cannot be fully investogated here" And cannot fully be investigated in America. A new piece of legislation states that evidence does not need to be shown if it is related to "national security". The US have shown NO PROOF of the damage that was caused. Once Gary is extradited the legislation in place means that the "evidence" can be withheld on the basis of 'national security". The absence of evidence before a court does not make for a fair trial. These legal experts do not seem to address this point.
"it is not said to be perverse, and I cannot see any basis on which it could be challenged as such." It is perverse, as is the extradition treaty that is at best uneven, and at worst, unjust, as is a policy of "withholding evidence".
As regarding the DPP's reasons for refusing the extradition appeal because the case was not of "general public importance"
It seems that the DPP does not think "justice" is not of general public importance - and that the life of one individual is of no interest to the general public. One individual is symbolic of the whole - and if one person does not recieve justice - we are all at risk.
No Trespassing. If you climb a wall on someone's private property, even if you just leave a note on their porch and take photographs, it was still trespassing. When the cops figure out it was you by tracing your footprint, you pay for your crime. If you're somewhere you don't belong, the owners of said property have the right to question your intentions. In this case, it is known that private information was compromised.
Gary should fly to Tehran or Kish island (no visa needed) and seek refuge there instead of useless attempts.
I am quite ashamed that this is the first I am hearing of this case. For a crime that is so trivial, I can't believe how long it has been going on!
How much money and resources have the US & UK wasted on this?
I read that McKinnon offered to plead guilty to a hacking charge in Britain. So, why is the US wasting my tax dollars just to bring someone to our soil for something as minor as a hacking charge?! He plead guilty in the UK, let him serve his time (or not if he is found not guilty!) and lets move on with life!
The reason the BBC gives is that the High Court thought the case 'not of general public importance'.
So justice, unless it is not important enough.
Pants.
To people like James and Mike Ford: you are the reason why many people lose faith in the human race. I hope neither of you have children. At least your President is more intelligent - maybe he can put a stop to this moronic behaviour. Get a life.
I don't wish harm on my fellow man, But Honestly... common "PR MEDIA CAMPAIGN" It's not your job to mitigate and try to soften the blow of Justice. That is for Judge to decide.
No doubt you will start running ads in the local community / Lobbying the Judge, Legal system when he gets over there... Feel sorry for the next unsuspecting victims of your media campaign.
re "hacking" a military network - I get the impression that he just tried opening a few doors and found them to be unlocked, so carried on looking inside.
If you research the facts, I think it a tad far more complex and targeted than that. Including "taunting" messages that his "Group" or something - 'Was In The System now' and was going to continue with Maximum Distruption.
That sounds like his Biggest Mistake, as it borders on Terrorism.. next biggest was to Admitting everything ( like it was a joke or something ) without the presence of a Lawyer at the first Police Interview.
It's only when they realised how serious the governments were going to take this that his, Very Intelligent Mother ; got organized. 2 or 3 years later he's got Aspergers etc. It was a game for Gary when it started.. it's a game for his defense now.
With all the Clarity of a Dream... Alas We've see it all before... in days ayor.. same old fears, same old crimes.. same old strategies to get people who admit to their own guilt, off the hook.
If convicted.. the campaign for a "Pardon" will start.
I guess you and the others who are failing to protect the interests of British citizens are either from the US or just plain stupid (or most likely both).
It is in the interests of all UK citizens that they are protected from unfair treatment including deportation for trivial offences and unjust prison terms. It is the job of our government to ensure that we are protected, it is the job of the US government and its agencies to look after their computer security - it looks to most rationale people like both governments have failed in these duties and they will happily sacrifice one individual as a result.
I would support extradition for serious violent crime and perhaps terrorism (but in the case of the latter such a crime would be better taken to court in the UK), but not mucking around with computers.
To the person who said something about roman polaski, its b/c the government has to agree to the extradition, we cant just send commandos into france to get him. Think a little. To all the people who say let him go, um. its not like he hacked into a private company. he hacked in to the us miliatry and nasa. We dont know whats he saw, but we have the most advanced data on nuclear power, weapons, plains...
I dont know this guy, for I know he could have been looking for secrets to sell to iran. Now they need to bring his autism into it. So this MAN can't tell right from wrong yet he can hack into a gov't computer?
Looks like...one step closer!...thank god,the taxpayer can have a break!...youve cost the uk hundreds of thousands gary...better spent elsewhere....buh bye!
Are you people from UK that dim witted. hacking into a gov't computer and looking at military secrets is not a trival crime. Im sure if an american hacked into britians miliary computers you would be singing a whole different song.
Mike,
Roman Polanskis extradition has been "agreed" and signed off for decades. Yet the US & participating countries "agreed" to let him passively swan around all these countries beholden to the extradition treaty for years, until the US "decided to bother" asking these countries to enforce the law.
Gary "hacked" nothing, a 5 year old could have done what he did because the security was so god awful dire...if the US military are stupid enough to leave server passwords on default then they should absolutely expect to be hacked, any mil' server admin doing this should also have been court martialed, it is a grave error in professionalism and lays your national security bare.
If you left your Ferrari unlocked in South Central LA with the keys in the ignition at 10pm on a Friday night, and then it got stolen, your insurance would not pay up.
This is exactly what the US mil did. And then they complain after they had to pay to bolster security....
The US cant stand being made to look this stupid, this is why they wont let it go, Obama needs a reset switch for this pony show.
There is also no Iranian connection here, read the files before you make such ridiculous claims.
Although I wouldn't be at all surprised if AQ and Iran, and everyone else who hates you has had a browse while you left your passwords on default.....
If a US citizen hacked us and we had left our IT systems as horribly, dangerously, and irresponsibly exposed as you guys did, we would be the first to shoot ourselves down - we give no quarter here, and we do not discriminate. You should read the nasty S*&t we write about our own Prime Minister day after day after day.....
@ Mike - perhaps so, but that is not what he is accused of in the USA.
Back in October 2002, The prosecutors were at pains to reassure the US public that this case did not involve any breach of national security secrets, and that Gary was not involved with any espionage, terrorism or organised crime or theft of money at all.
The amount of alleged financial damage is heavily disputed by Gary's legal team, but they have not yet had a chance to cross examine any evidence or witnesses, as there has not yet been any trial, only endless hearings and appeals on general points of law.
Under the old Extradition Act 1989, which is what was in force when Gary was arrested in 2002, there would have been some examination of prima facie evidence in the first extradition hearing, but there has been none of that due to the one sided Extradition Act, which has been retrospectively applied to Gary's case.
Most extradition arrangements throughout the world are reciprocal - the same rules apply to request in both directions, except for the new UK-US arrangements, where the UK authorities still have to show evidence to a US Court, which can be cross examined or rejected, but the US authorities no longer have to do the same in a UK Court.
This is profoundly unfair and treats innocent UK citizens (and the guilty ones) with contempt.
Hence all of the political support from the Conservatives, the Liberal Democrats and all of the other UK political parties except for the Labour party, to abolish or reform this Extradition Act and Treaty, and in support of Gary McKinnon.
Gary is not trying to evade justice, he is willing to face a Court in the United Kingdom, and to go to prison in the UK, if that is the decision of a fair trial, under the UK Computer Misuse Act law, which simultaneously and equally covers the same activities as US law does.
Stop whining, its even a crime in your own country. If he is innocent let him go and prove it. If he is. We will send him back. Better yet, why doesn't your country try him for these crimes. The uas certainly would if it was the other way around.
fg. Well done for keeping your cool. You must have been on here a long time not to get too 'riled by "what the wind brings in"
Your last comment is very reasonable and makes some good points. Bush / Blair era policies are so, so Wack.
Reality is that the relentless pursuit of every judicial avenue to stall Gary's extradition seems to be coming to an end.
I don't think everyone in the US is evil. It's like the Roman P. Case. The judge has said there is serious evidence of misconduct by police that could warrant a dismissal of charges altogether... but You have to go there, Roman, to get that degree of leniency. He too, Thinks he's innocent and being made a scapegoat / fighting extradition (it's what people do, over and over again)
I think Gary will be let off fairly lightly, tbh. Definitely allowed to serve his sentence in the UK once convicted (it's what governments eventually always agree to ) But he has to have the bullocks / respect for justice (right or wrong) to go over there first.
That should read "if" convicted. Sorry.
Future public opinion towards the US by UK citizens may go down hill further if this carries on.
This data should have been on CLOSED NETWORK electronically and physically (ie in one building) - you travel there if you need that info - so i dont think the blame is quite as one sided as some of you make out.
Who in their right mind would ever want to go to the USA for any reason let alone be subjected to their patronising and jingoistic legal circus for a crime no more evil in it's intent than putting chewing gum on the teachers chair. Anyone supporting this man's extradition has a screw loose and a heart of steel (and no doubt proud of their cardiac defect). Why are American's so cock sure that they have the right to inflict misery whenever the opportunity arises? leave this poor guy alone and get on with sorting out the more important issues in this world.
Kia Sorento brought up an interesting point. She's wrong.
In the U.S.A., if you do NOT put up a sign on your private land stating: "NO TRESPASSING," I can walk across it without committing a crime, even if a gate across a road is chained and padlocked shut. I can legally climb over or crawl under the gate or connecting fence and then legally walk across the private land; as long as a "NO TRESPASSING" sign has NOT been put up on the boundary.
The only other way that I can be prevented from walking across private land is if the owner or their agent give me a signed and dated message stating that I am not allowed on their land.
Gary technically, did NOT break the law by accessing computers that did NOT have passwords and user IDs. Right now, I could do exactly what Gary did and I could NOT be prosecuted because by NOT putting up a password and user ID, the computer owners are NOT objecting to their computers being accessed by others.
Someone should tell his legal team of my ingenious finding. fg or Janis or Karen, please let me know if you read the above. It's a good legal defense. Thanks
Honeybear Walking? i wouldnt want you as my defence what you posted is pure ignorance, did you post all that crap in the hopes somebody would think you're smart? with the exception of a few states ALL land is posted by law,posted signs up or not,you must have written permission before you go lolly gaggin on anybodies land and as for this gary charcter i sure hope the lot of you all here arent representitive of what his legal team is like? if they are then he is screwed, i personally could care less what happens to him he hasnt hurt me in any shape form or fashion,the only thing worse than punishement in united states would be to sentence him to hard time reading all the crap thats posted in here.
If I drive up to Groom Lake I'll come to a gate that is posted informing members of the public that they are prohibited from entering.
The wording, size of lettering, and colouring of the posted message is governed by Federal regulations - of the D.O.D., N.A.S.A., etc.
Particular passwords and user I.Ds. on D.O.D. computers may be such a posting. There weren't any particular passwords or I.Ds. on the computers that Gary entered, so Gary is off the hook.
But, even if "Administrator" and "Password" were so-called "NO TRESPASSING" postings, were they according to regulations? If there are no regulations, then Gary is off the hook. If there are regulations, but they weren't followed, then Gary is off the hook.
Because Gary did not illegally enter any computers as the above presentation proves, Gary did not break any laws. Therefore, Gary cannot be extradited. In the coming days, Gary's solicitors should catch up to this.
Note: Physically entering a privately owned house without permission is a crime. But, walking across private land that is NOT posted "NO TRESPASSING" is legal. Gary did NOT physically enter any government buildings when he got into their computers. He did NOT open up the outside case of any government computers and physically enter them. Therefore, the laws about "breaking and entering," which do NOT require that a house be posted with a "NO TRESPASSING" sign, are NOT related walking across un-posted private land or Gary in London entering computers over the Internet in America.
I live and hunt in New Mexico. I know the law. If private land is not posted or I do not receive a signed and dated message from the owner or their agent, telling me to stay off their land, I can hunt and hike on their land, unless they actually tell me in person. It's the law and in the New Mexico hunting regulations. Check it out.
I can’t believe this is the first time I am have read or heard of this case, I have just finished reading about the case, the latest Supreme Court findings and all of your blogs.
First of all the Supreme Court finds this case is not of "general public importance”. WHAT? How can you justify that? This case is of extreme importance to all of us concerned (British Citizens) on the issue of this lame extradition treaty. Maybe the judge determines public importance by the publicity a certain case generates in which case maybe “Katie Price” etc… should have a private chamber in the “Celebrity Court”. This young man has been extensively examined and found to have an underlining mental health problem. He has not committed any acts of terrorism against any sovereign state or conspired to do so. Neither has he sold or conspired to sell information that was so easily available to him to any authority, organisation or state. Then how can our spineless government stand by and allow these events to unfold? Is this what we (British Citizens) can expect from our government when another one of us embarrasses the USA. I highly rate the liberal Democrats’ and the Conservatives for their stand on the issues and their call for a review of this ridiculous extradition treaty / amended Act. They have my support.
Secondly if Gary is fit to stand trial then he should be allowed to do so in our courts where the evidence can be provided and cross examined, without bias. We cannot allow the USA to have a closed court room or let them decide what evidence is of National Security an not be provided as mentioned above. Neither can we stand by an let the American’s make an example out of him an face a sentence of up to 60 years, an lets be realistic for what? President Obama seems to have a few good brain cells in the right place I would urge him to put a stop to this ridiculous scenario. Furthermore give Gary a medal for exposing their mediocre security network, as a result of which they are now better protected against real dangers. I must agree with the comments above that heads have to role, but of those incompetent fools who set up the networks and were in charge to safe guard them, they should answer for their shortcomings and be court-martialed.
Maybe our American friends should follow our policies for a change; for starters we wouldn’t be dumb enough to leave such important networks without firewalls and passwords! But that’s not to say the British are without idiots in places of power an influence. The difference is when our lot make mistakes they pay dearly for them as do their superiors, as we will soon see in the upcoming general election.
I hope common sense prevails and we can keep Mr. Gary Mckinnon in the UK. After which we can put him on trial for American incompetence’s in one of Her Majesties fine Courts.
The poor man has Aspergers. I have a 20 year old daughter with Aspergers and she would not understand that what he did was wrong. She would understand his determination to learn about the aliens. She spends her life accumulating information - much of it useless!
People with Aspergers have fixations that the rest of us would not understand. We have learned to live with these, but the world should not persecute someone because of their problems.
My suggestion is that the US or UK governments should hire him - and keep him at home with his mum, under home detention if necessary!
I cannot believe some of the comments made. You have to understand Aspergers to get your head around the situation Gary finds himself in. Aspergers does not give you the abilitity of malice with forethought, he would not have thought of the consequences, and meant no malice. He is British and should, if needed, to be tried in a British court by British people. We dont need the Americans Aussies or anyone else telling us how to hand out justice, British people are sick of the Americans and have no respect for them, their government or their history on Human Rights, Iwouldnt send my cat to USA for a fair Trial. I am not sure if you are all as stupid as you make out, incase you hadnt realised British people dont trust your governemnt or peoples opinions as far as we can throw you all, so butt out. I just pray that Gordon Brown has the balls he was born with, and standup against this ridiculous law and all America stands for, and they definitely dont stand for justice, eg, one of the US Mayors told a Black American who was held on death row that if he apologised to the victims family he would let him off the death penalty the young man refused because he hadnt done the crime, so they killed him, Justice, haha, if it was not so serious and the US werent so imcompetent as A british citizen and usually with a great sense of humour the USA would be laughable, but they are so stupid their stupidity kills people, but hopefully NOT BRITISH people with special needs, pleaqse Gordon Brown dont be like Blair stand up against USA and all the crap they stand for.
Hello Katherine Hale I totally agree with you comments I have a family member with Aspergers. I understand fully how Gary could get himself in this mess, he does not have the ability for malice of forethought, people need to know more about Aspergers. Great isnt it that we have a country with no balls, jump every time some american idiot says so, and we have more understanding of a serious drug dealer, who wouldnt have given a shit about anyone if she hadnt been caught, send the drug dealers to USA not people with mental ailments, and as far as American justice goes, I dont know a British person who trusts anything about the American Government and their so called justice, Gary should be tried in our courts by our system, we dont need the USA but they certainly needs us, to show them what justice means, Americans watch and learn, watch and learn!!!!
Michelle, didn't Gordon Brown lose one of his balls that he was born with, in a rugby accident?
My apologizes to Gordon Brown, he lost his left EYE in a rugby accident:
http://www.dailymail.co.uk/news/article-1219430/Gordon-Brown-Tests-Brown-tears-retina.html?ITO=1490&referrer=yahoo
Maybe you were referring to Mr. Ed Balls.
@ Honeybear wondering - Gordon Brown is blind in his left eye and has problems with his right eye, as a result of a rugby sporting injury in his youth. It is the leader of the extremist BNP, Nick Griffin who has a glass eye as a result of a discarded shotgun cartridge in a fire.
Gordon Brown is at least as much to blame as former Prime Minister Tony Blair or the Home Secretaries who have been responsible for Gary McKinnon's extradition case: David Blunkett (blind since birth, needing a guide dog), Charles Clarke, John Reid, Jacqui Smith or Alan Johnson, for the Extradition Act 2003, and for the subsequent Labour government defeats of the Conservative and Liberal Democrat etc. opposition attempts to amend it.
Whatever their human vision disabilities, it is the blinkered political vision of these Labour politicians which is the real problem which affects all the rest of us.
The punishment does not fit the crime. In Canada, you get less time if you kill someone, especially if it is a guy killing a female. I know someone who did a total of six (6) years for murder.
The real cause of all the US fascination in Gary McKinnon is the liability of military systems pre and post 911 and that the American people have been duped in one of the biggest lies since Hitler. What? You'd have to see it to believe it - and of course - that would make you a hacker too!
And, of course, information hiding, information hiding and information hiding - the main goal of all governments, possibly the most important aspect of all political agendas - hide that information!!!
Mensa style - if I was you Gary - I'd place an add in all the non-member countries that you are available for work in their cyberforces and take the highest salary. Move the whole family somewhere you will be valued as much as you deserve...and dump the whole pathetic ordeal...
Elle
He hacked the US what does he expect.. If he goes free its clears the way for others...
I find the failure of the latest appeal 'criminal,'
I believe we have to 'bombard all the US television stations websites and ask the American public to voice their opinions
How is it that people escape being repatriated to say, Afganistan because they consider their life would be threatened if they were forced to go there yet where Gary is concerned the British authorities are happy to see him dragged to a country which still has the death sentance on their books.
He should be tried in England for one overpowering reason...this case could very well set a precedent where if a citizen of this country were to commit what those in any country regarded as against their laws they could very well be extradited for breaking that law. Think women showing flesh in some eastern country. Bad.
This story is an absolute farce. How can our government put up such a weak defense of its own citizens. Every other country in the world stands up for its citizens, if their is any justice that needs to be served, it should be served by our courts.
And to those who say what he has done is illegal, attempts to breach security like this should be welcomed and encouraged, as what would they do if somebody with alterior motives did it? Instead of prosecuting him they should be giving him a job! as obviously they're own security experts are failing at theirs!
Our Government should develop a backbone and put the rights of our people first, and you wonder why parties like the BNP are gaining more influence, for all their faults, at least they would not allow this disgrace to continue if they had the power.
Who would you rather have exposing the loopholes a UFO fanatic or Al Qaeda as with CERN - give the guy community service in their employ he's obviously more proficient than their own employees.
@ Jay - he expects a fair trial in the United Kingdom, not an unfair one in the USA.
It is the likelihood of being caught immediately, or of the exploited security vulnerabilities being closed very rapidly, which is the proper deterrent against computer hacking.
Neither of these things happened in Gary McKinnon's case, where the systems were vulnerable, not for a few hours or days, but literally for several years.
Criminal convictions and the length of a possible prison sentence make no difference at all.
The US military systems have been hacked externally and internally numerous times in the last seven and a half years since Gary's arrest.
As an American I am apalled at some of the comments posted here.
Garys actions were not malicious and no permenent damage was done.
To have this man tried in the US and subject to 60 years in prison is just WRONG and completely heartless.
His only non-crime was being interested in the UFO phenomena, which my own government hides from it's own people as well.
This disgusts me.
I'll pray for Gary and his mother.
When brought up in a Country good parents teach their children what they know about the local laws. After all, ignorance is no defence to the laws - however unfair that may seem.
It is impossible however , to expect anyone to live by the laws of all Countries - what would happen where conflicts between those laws occur?
If I post a derogatory statement on the net about the profit Mohamed I am in breach of many Countries laws quite possibly punishable by death. These are Countries where adulteress wives (but not husbands) will be stoned to death.
Do we now have to live by other Countries laws whilst living in the UK? If I criticize Hu Jintao online will I be extradited to China and executed?
This stinks of UKs' politicians offering the US Hawks a sacrificial lamb.
British Citizen - British Law.
@ Graham - it could be worse - you could have new laws, e.g. the Extradition Act 2003 (commenced in 2004), passed into law in the future, after your alleged offences, and then applied to you retrospectively.
This happened to Gary McKinnon (arrested in 2002), the NatWest 3 bankers and Ian Norris (former chairman of Morgan Crucible, whose circa 1999 case has been just heard by the UK Supreme Court).
How can you not be ignorant of a law which does not yet exist ?