NASA hacker McKinnon 'at risk,' lawyer says
Lawyers acting for Gary McKinnon say the self-confessed NASA hacker runs the risk of becoming psychotic and suicidal if his extradition to the U.S. goes ahead.
Edward Fitzgerald, QC, described the risk during a hearing on Tuesday at the Royal Courts of Justice in London. Judges Lord Justice Stanley Burton and Mr Justice Wilkie are reviewing a decision by former home secretary Jacqui Smith to allow extradition proceedings against McKinnon to go ahead, despite his being diagnosed with Asperger's Syndrome.
Gary McKinnon
(Credit: ZDNet UK)"There is a risk of psychotic disruption, which may range on a path from anxiety through to psychosis," Fitzgerald told the court, as he presented arguments against the extradition. "There is a risk [McKinnon] may take his own life."
Fitzgerald said the home secretary reached a flawed decision in response to the medical evidence. "She underestimated and misrepresented the gravity of the situation."
Fitzgerald went on to point out that Smith had not asked the U.S. authorities to repatriate McKinnon should he be found guilty by a U.S. court.
McKinnon has been accused by U.S. prosecutors of hacking into U.S. military systems between February 2001 and March 2002, using his home computer in North London. They allege that McKinnon accessed 97 U.S. government computers, including U.S. Army, Navy and NASA computers responsible for national defense and security, and naval munitions supply.
Moreover, the U.S. authorities claim that McKinnon deleted critical operating-system files, leading to the shutdown of the entire U.S. Army network of over 2,000 computers in Washington, D.C. The deletion also took down a U.S. Naval Weapons Station computer system, causing $700,000 damage, prosecutors allege.
McKinnon has admitted deleting logs in an attempt to cover his movements, but has denied causing any damage. He claims to have been hunting for evidence of UFOs.
"The issue of damage has been overblown all along," said Fitzgerald. "[McKinnon] does not accept he deleted materials, aside from his own."
On Tuesday morning, the judges expressed their intention to reserve judgement, which means their decision might not be made public for up to two weeks.
McKinnon's solicitor, Karen Todner, told ZDNet UK that the court's decision could go a number of ways other than in favor of the extradition as it stands. For example, the judges may say they will not order the extradition until the home secretary has asked for, and received, formal assurances that McKinnon will serve any U.S. prison sentence in the U.K. Or the judges may decide against extradition, in which case McKinnon may still be prosecuted in the U.K.
If the extradition is given the go-ahead, then the defense will attempt to appeal to the House of Lords, Todner said. In addition, the defense will seek a judicial review of the decision by the Crown Prosecution Service not to prosecute McKinnon in the U.K.
McKinnon's mother, Janis Sharp, told ZDNet UK that McKinnon's health had suffered as a result of the stress of the trial.
"He's just had an operation on his eye, he had a lump removed and sent for biopsy," said Sharp. " There's a lump growing on his shoulder. It's the stress--he's stressed out of his mind."
Tom Espiner of ZDNet UK reported from London.
Don't worry sir we have a nice spot for you in bellmarsh.
Owee no says the US military we have a far better spot for him.
No you must be mistaken this person won't last out the journey to the US (your not having him).
I'm sure something can be arranged bicker bicker.
Point of the story if you hack that much top US equipment your everyone's best friend sorry akhumm I meant worst enemy of course and thus the decisions as to what is to be done with your are purely financial ones akumm sorry I meant ones of Justice issues of course I did yes.
Just because you leave your door unlocked does that mean I can legally just walk in and mess things up?
Yes, if your house held something vital to the security of others.
I'm sure that American authorities could find comfortable accomodations for him--perhaps in our "SuperMax" prison in the Colorado desert, where he would have his own personal cell with a slit window to look out while being "locked down" in isolation 23 hours per day... On the bright side, the food might be good.
The federal government now, however, seems to be paying attention to computer security.
As a countryman of mine I still feel no pity... If you do the crime you gotta be prepared to do the time. Hang him high but give him a tissue for his little crying eyes!
SIGH !
Right on doodlebug.
He is not an american citizen.
I don't think you have any understanding of what the term means.
By your definition, American spies working overseas looking into terrorist movements or spying on Iran are guilty of treason.
- by pentest June 13, 2009 5:41 PM PDT
- This guy did the DoD a huge favor. They should be grateful that someone dangerous didn't get in because of the non-existent security.
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