Security

Gary McKinnon

(Credit: ZDNet UK)

The Pentagon should thank NASA hacker Gary McKinnon for "exposing the fragility" of U.S. military systems, according to Terry Waite.

Waite, who was held hostage in Lebanon for four years after being kidnapped in 1987, said that McKinnon's motives were "harmless," according to an article by Jack Doyle, a Press Association legal affairs correspondent.

"Gary is clearly a very clever chap," said Waite. "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 that problem (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. The Pentagon ought to thank him for exposing the vulnerability of their systems. More importantly, the accused is suffering from Asperger's Syndrome, and no nation under the sun ought to convict an individual whose behavior is occasioned by illness."

The Daily Record is running the unchanged Press Association article here, while the BBC is running its version of the article, with the same quotes, paragraphs in a different order, plus some slightly different body text here.

Waite joins a growing number of celebrities, parliamentarians, and legal experts who have said that McKinnon should at least be tried in the U.K., if at all. A whole range of people now support McKinnon, from Sting on one side of the equation to Lord Carlile on the other.

McKinnon has Asperger's Syndrome, a condition on the autistic spectrum, and faces up to 70 years in jail if extradited to the U.S. and convicted under U.S. anti-terrorism laws.

Tom Espiner of ZDNet UK reported from London.

The Crown Prosecution Service has decided it will not prosecute self-confessed NASA hacker Gary McKinnon in the U.K., edging him closer to extradition to the U.S.

McKinnon's diagnosis with Asperger's Syndrome, a condition on the autistic spectrum, had not been taken into account in the decision, a Crown Prosecution Service (CPS) spokesperson told ZDNet UK on Thursday.

Gary McKinnon

(Credit: ZDNet UK)

U.S. authorities last year won the extradition of McKinnon to face charges of breaking into 97 military and NASA computers. In December, McKinnon's legal team sent a letter to the CPS in which he confessed to offenses under section 2 of the Computer Misuse Act, in an attempt to be prosecuted in the U.K. rather than the U.S.

McKinnon faces up to 70 years in a maximum security prison if convicted of hacking charges under U.S. law. In a statement regarding its decision, the CPS said the offenses McKinnon admitted to in his confession, including the unauthorized access to a computer system, are not as serious as the charges US prosecutors have leveled against him.

"We identified nine occasions where Mr. McKinnon has admitted to activity which would amount to an offence under Section 2 of the Computer Misuse Act (unauthorized access with intent)," Alison Saunders, the head of the CPS organized crime division, said. "Although there is sufficient evidence to prosecute Mr. McKinnon for these offences, the evidence we have does not come near to reflecting the criminality that is alleged by the American authorities."

Saunders made the decision on McKinnon in consultation with Keir Starmer, the director of public prosecutions, the CPS spokesperson said.

U.S. prosecutors allege that McKinnon was politically motivated in his hacking attack on U.S. Army, Navy, Air Force, and NASA systems in 2001. They also allege that he caused $700,000 worth of damage by deleting files, and that he disabled the function of a warship.

McKinnon has never denied accessing the systems, but he does deny causing any damage. He claims to have been searching for evidence of UFOs.

The CPS does not have access to the evidence held by U.S. authorities that could allow it to make more serious charges against McKinnon, his solicitor, Karen Todner, told ZDNet UK on Thursday.

"The reason the CPS doesn't have the evidence is that the U.S., under the extradition treaty, does not have to provide any evidence," Todner said. "The CPS could have asked to see the evidence, but it didn't do that."

The CPS spokesperson confirmed that the department had not asked to see any evidence. U.S. prosecutors are not required to show any prima facie evidence to secure the extradition of a U.K. citizen, under the terms of the US/UK Extradition Treaty of 2003.

"The harm occurred in the US, affecting infrastructure in the U.S., the witnesses are located in the U.S., the bulk of the evidence is in the U.S., and the task of gathering evidence from the U.S. is considerable," the service's spokesperson said. "U.S. prosecutors were able to frame charges reflecting the extent of Mr. McKinnon's criminality."

Todner said that the next step would be a High Court review of home secretary Jacqui Smith's decision to turn down McKinnon's appeal against extradition last year. A date has not yet been set for the review, as it hinged on the CPS decision. Todner expects it to be scheduled in April.

McKinnon was not available for comment at the time of writing. According to Todner, he was still hopeful that the High Court review might save him.

McKinnon's mother, Janis Sharp, criticized the U.K. prosecutors for not taking his health into account in its decision.

"I'm heartbroken at the lack of compassion shown towards my desperately vulnerable son," said Sharp. "Gary is a gentle man with Asperger's, not a dangerous terrorist. His obsessions led him to search U.S. computer systems. Wrong? Yes. But extraditing him to a high-security prison, knowing he won't survive--surely no-one can honestly believe that punishment fits the crime?"

Graham Cluley, senior technology consultant at security company Sophos, said that the U.K. IT community had shown sympathy for McKinnon's plight. "The real question is should we really be making such an example of a guy who was apparently just a UFO conspiracy theory nut?" Cluley said in a statement.

Tom Espiner of ZDNet UK reported from London.

Gary McKinnon, the man accused by U.S. prosecutors of "the biggest military hack of all time," has won the right to a judicial review of a Home Office decision to extradite him to the U.S.

Lord Justice Maurice Kay made the ruling at the High Court in London on Friday. The Home Office had refused to halt the extradition proceedings, despite McKinnon having been diagnosed with Asperger's Syndrome, a condition on the autistic spectrum.

McKinnon's solicitor Karen Todner told ZDNet UK on Friday that she was "very pleased" about the High Court decision.

"It's a step in the right direction," Todner said. "We've got permission for a judicial review, and that shows we have an arguable case."

McKinnon's legal team applied for the review on the grounds that McKinnon's medical condition had not been taken into account by the Home Office or any UK court in deciding his extradition. If convicted by the U.S., McKinnon faces a 70-year sentence in a maximum security prison, his barrister Edward Fitzgearld QC has argued.

Todner said the review was granted on the grounds that the extradition may breach Article 3 of the European Convention on Human Rights, which states that no one shall be subjected to "inhuman or degrading treatment or punishment."

Professor Simon Baron Cohen, the Cambridge University specialist in developmental psychopathology who initially diagnosed McKinnon, said on Tuesday that McKinnon suffered the risk of "psychiatric difficulties" including depression and anxiety should he be extradited and imprisoned.

Home secretary Jacqui Smith turned down McKinnon's second appeal against extradition in October 2008, after the diagnosis of Asperger's syndrome in summer 2008.

The judicial review will not take place until after the director of public prosecutions, Keir Starmer, has decided whether to charge McKinnon. McKinnon sent a signed confession to Starmer in December admitting offenses under Section 2 of the Computer Misuse Act, in the hope of being prosecuted under UK law.

Starmer is due to give his decision in just over two weeks. If he chooses to charge McKinnon, the judicial review will not take place, as extradition proceedings will cease. Otherwise, the judicial review will go ahead "towards the end of March," Todner told ZDNet UK.

Tom Espiner of ZDNet UK reported from London.

Self-confessed hacker Gary McKinnon has told U.K. prosecutors he will plead guilty to charges in the U.K., a move that could help him avoid extradition to the U.S.

McKinnon has been accused by U.S. prosecutors of "the biggest military hack of all time," after entering NASA and Pentagon systems. His solicitor, Karen Todner, sent a letter to Keir Starmer, the director of public prosecutions, to say McKinnon would plead guilty if tried in the U.K. under the Computer Misuse Act (CMA). The letter was sent on December 23, Todner told ZDNet UK on Monday.

Gary McKinnon

(Credit: ZDNet UK)

"Gary has committed offenses under the CMA, and has been diagnosed with Asperger's," said Todner. "I think it's time the DPP recognized that. Gary will plead guilty."

Todner said that under the CMA, McKinnon would receive a different sentence from the one he would receive if tried under U.S. law, as in the U.S. he would be prosecuted on charges of causing damage to military systems. She added that it is "generally accepted" McKinnon would receive a more lenient sentence in the U.K. The Londoner currently faces trial in the U.S., pending the outcome of an appeal to the High Court.

The Crown Prosecution Service (CPS) told ZDNet UK on Monday that it had received Todner's letter. "We can confirm we received the correspondence, and are considering that correspondence," said a CPS spokesperson, who added that no timescale could be given as to when Starmer would make a decision about the prosecution.

At the time of writing, 80 members of Parliament have given their support for an early day motion that the government request repatriation for McKinnon should he be tried and found guilty in the U.S. Prime Minister Gordon Brown in November spoke publically about McKinnon, boosting hopes he would serve any sentence in the U.K.

The self-confessed hacker, who was also known as "Solo," is accused by the U.S. government of hacking 97 U.S. military computers and causing over $700,000 of damage by deleting files. McKinnon has never denied accessing the U.S. Army, Navy, Air Force, and NASA computers, but denies causing extensive damage. He claims he was initially searching for evidence of extra-terrestrial life, and later found evidence of antigravity projects. McKinnon faces up to 70 years in prison if found guilty by a U.S. court and, as it stands, would serve his sentence in the U.S.

Tom Espiner of ZDNet UK reported from London.

The man accused by the U.S. government of accessing more than 73,000 U.S. military machines has lost his second appeal to the British Home Office against extradition.

Gary McKinnon's recent diagnosis of having Asperger's syndrome, a condition on the autistic spectrum, had not changed Home Secretary Jacqui Smith's decision that the self-confessed NASA hacker be extradited, McKinnon attorney Karen Todner said Monday.

Protests chant outside Britain's Home Office in support of Gary McKinnon.

(Credit: Tom Espiner/ZDNet UK)

"The secretary of state has advised via the treasury solicitors that, despite Mr. McKinnon's diagnosis with Asperger's, she will now be making arrangements for his extradition, pursuant to her order for extradition of 4 July, 2006," Todner said. "We are now considering whether or not Mr. McKinnon has a further judicial remedy, and we are urgently investigating this issue."

The home secretary also failed to make any request to the U.S. for McKinnon to be repatriated to the UK to serve his sentence, should he be found guilty by a U.S. court, Todner said.

The U.S. government has accused McKinnon of hacking into 97 U.S. Army, Navy, Air Force, and NASA computers, and causing damage costing hundreds of thousands of dollars by deleting files. McKinnon has never denied hacking into U.S. military systems, but he denies causing extensive damage. He claims that he was initially searching for evidence of extraterrestrial life, and he later found evidence of antigravity projects.

The Home Office declined to comment on why McKinnon's appeal had been turned down and why his recent diagnosis with Asperger's syndrome was not sufficient grounds to consider an appeal.

Karen Todner

(Credit: Tom Espiner/ZDNet UK)

However, it is understood that the Home Office sent a letter rejecting McKinnon's appeal to his solicitors Monday. ZDNet UK understands that the Home Office believes that its position has been vindicated by several courts, which successively found in favor of the Home Office, before McKinnon's Asperger's diagnosis.

The final representations made to the Home Office gave no basis for overturning the order for extradition, ZDNet UK understands. The reasons for McKinnon's appeal to the Home Office being dismissed were set out in the letter sent to McKinnon's solicitors.

McKinnon's legal team told ZDNet UK in September that, should McKinnon's Home Office appeal be dismissed, the team was preparing an application to the High Court to appeal against McKinnon's extradition. Todner told ZDNet UK at the time that she would also consider a judicial review of the home secretary's decision, should Smith decline McKinnon's appeal.

This is the second appeal to the Home Office in McKinnon's long-running legal battle to avoid extradition. McKinnon lost his first appeal to the Home Office in July 2006, when the then-home secretary, John Reid, dismissed his representations.

Tom Espiner of ZDNet UK reported from London.

Gary McKinnon has lost his legal challenge against extradition to the United States to face charges of hacking into NASA and military systems.

McKinnon had applied to the European Court of Human Rights for it to hear an appeal against his extradition. Under Rule 39, citizens can make an emergency application to halt extradition proceedings, if they believe that their human rights will be infringed upon.

Gary McKinnon

(Credit: ZDNet UK)

McKinnon's legal team on Thursday sent out a statement saying his application had been denied. "Today the European Court of Human Rights ruled against Mr. McKinnon's application for Rule 39 Interim Relief," the lawyers said on the statement.

Two weeks ago, McKinnon's legal team submitted his application to the ECHR. Under the terms of the application, the U.K. government could not extradite McKinnon. This legal block has now been lifted.

"The temporary prohibition of our client's extradition, as granted by the ECHR on 12 August, is now effectively lifted, and the authorities of the United Kingdom are now free to extradite our client to the United States," the legal team said in the statement.

Karen Todner, McKinnon's attorney, told ZDNet UK on Thursday that McKinnon had run out of legal-challenge options. "In terms of legal challenges and court proceedings, we've gone as far as we can," Todner said.

However, McKinnon has recently been diagnosed with Asperger syndrome. Todner said she had written to home secretary Jacqui Smith asking that McKinnon be tried in the United Kingdom on medical grounds.

"We've written to the secretary of state, asking her to reconsider and keep (McKinnon) in the country," Todner said. "We've asked for two weeks to put the medical evidence before her."

Should that request be turned down by the home secretary, McKinnon could be extradited within two weeks. Todner said it normally takes 10 days to sort out the flights. McKinnon would not be taken into custody--instead, Todner said that normally, the police contact the solicitor asking that the accused surrender to a police station a couple of hours before takeoff.

Should McKinnon be found guilty of the charges laid against him, he faces up to 60 years in a U.S. prison. McKinnon has admitted to hacking into the U.S. systems, but has always maintained that he was searching for UFOs. "His family (is) distraught," Todner said.

Todner added that the alleged offenses were committed on British soil, and that the prosecution should be carried out by the U.K. authorities. "Our client now faces the prospect of prosecution and imprisonment thousands of miles away from his family in a country in which he has never set foot," she said.

Tom Espiner of ZDNet UK reported from London.