The Idle Man has followed the Gary
McKinnon Hacker Case with some interest, but with
little sympathy for Mr McKinnon. After all he is not being accused of some minor misdemeanour, but of hacking into the computer systems of the
United States Army,
Navy and
Air Force, plus the
United States Department of Defence and
NASA, as well as
sabotaging vital American military systems after the terror attacks of September 11 2001. In addition
McKinnon is alleged to have caused
Criminal Damage by his actions, which have been calculated to total
$750,000 USD for remedial action and repair. Any Government would, based on these allegations go to any lengths for extradition and subsequent prosecution.
In the UK a large number of high profile people and much of the media are stating that the current extradition treaty should
NOT apply in this case as it was designed to counter terrorism. From the viewpoint of any Government, the allegations against Gary
McKinnon are effectively charges of Terrorism, although prefixed with
cyber. But make no mistake
Cyber Terrorism may not have the instant, spectacular media impact of a Bomb Attack but if it is successful, it can easily be just as dangerous to society.
Apparently Mr
McKinnon has been diagnosed with
Asperger syndrome which even the medical profession cannot spell consistently and whilst
McKinnon appears to in part fit the
Asperger profile, in other areas it appears from the background to the case he does not (social interaction does not appear to have been impaired and he has even been part of the Hackers Panel at
InfoSecurity Europe). What makes
Asperger syndrome even more interesting is that there is now discussion as to whether this is a disability that must be treated, or a just a 'difference' that falls with the spectrum of normal Human behaviour. So using the
Asperger defence always seemed more than a little disingenuous.
So as far as I am concerned the
McKinnon Allegations
do fall within the
original purpose and
spirit of the
Extradition Treaty and whilst my view counts for nothing, it has been supported in Law up to and including the
Law Lords and the
European Court of Human Rights, which have rejected his appeal against extradition.
What I find ironic is that this
fast-track Treaty has occupied the Legal Profession
for three years! When for once it was actually being used for the purpose for which, at least the British thought it was designed. Of course because of the implicit imbalance to the treaty,
if an American Hacker had done the same to the MoD,
MI5, or
SIS Systems,
Britain would NOT under the treaty have able to extradite them.
Now the obstacles to Gary
McKinnon being extradited, there will be a
jury trial under the
American Justice System. So Gary
McKinnon will have his 'day in court'(although I suspect this will actually be weeks in Court). There are four possible outcomes:
- He will be found guilty of all charges and if this is the case a very long sentence is appropriate.
- He will be found guilty of some of the charges and if is the case the sentence should appropriate to those he is found guilty of.
- His Lawyers will successfully use the Asperger defence, but hopefully this will still mean he will be institutionalised for a period for assessment to ensure he is not going to repeat his actions.
- He is found not guilty of all charges - Extremely Unlikely!
Whilst I have every sympathy with
McKinnon's Mother attempts to stop her son being extradited (and indeed have much more sympathy for her tireless efforts than I have for her Son), I find it
embarrassing and distasteful that
40 British Members of Parliament have,
after the Legal Processes have been exhausted have jumped on the
McKinnon bandwagon by writing to the US President. Their
protest is NOT about whether after a Trial he is found guilty and the punishment is too harsh, but the fact that he should NOT stand trial at all. If these allegations are true and this
man attacked an ally and compromised their national security then it is only right that the USA should have the right to try him for these Crimes. True he is being
extradited under a flawed and imbalanced treaty, but these
MPs efforts would be better served by
NOT using the case for self-serving publicity, but working hard to get the
provisions of the Treaty fixed, so that there is
no imbalance and it limited to the purposes that the British Government believed it would be applied! In the case of
McKinnon, the treaty (flawed though it is) has been correctly applied.
The Idle Man, is as so often the case, is apparently out of step with Media and Political Opinion (what the general public thinks, matters not one jot - After all the e-Petition to the Prime Minister to stop the extradition, only managed to obtain
876 Signatures before it closed, not exactly an outpouring of support). So be it, but I consider what
Gary McKinnon is alleged to have done, constitutes extremely serious crimes against an ally of this country and he should stand trial for those crimes in the country against which he launched his attacks, But that does not in any way alter my view
that the current extradition treaty should be suspended until the
provisions of the treaty between UK and USA apply equally to both Countries. This
should not stop the
Gary McKinnon Extradition because the Legal Processes were finally taken to the
European Court of Human Rights and the extradition was upheld (quite rightly).
In the interests of Balance here are three of
External Websites that show support for Gary McKinnon's attempts to avoid Extradition and Trial in the USA:
Free Gary McKinnon - or at least give him a fair trial in the United Kingdom - BlogDaily Mail Articles in Support of Gary McKinnonLondon TV NetAbout that Extradition Treaty:Posts in this Blog:UK-US Extradition Treaty and Certain American Politicians Support for Terrorists - 13
th August 2003
The NatWest Three - 29
th November 2007
External Sites:Extradition Act of 2003 - The UK Statute Law Database The Extradition Act 2003 - Wikipedia Entry StateWatch News Online – Special Report on the ‘New US_UK Extradition Treaty - 2003MPs Impotently Huffing and Puffing in Parliament - Hansard via They Work for You - 15
th July 2009
News Update:
Alan Johnson: I can’t stop extradition - Times Online 2
nd August 2009:
In this article the Home Secretary states he cannot stop the extradition as he would be breaking the Law. However once again Gary
McKinnon is described as young (he is 43, which means he should be described as of middle age), Vulnerable (so vulnerable he can sit on the
InfoSecurity Hackers panel and give a number of media interviews) and Misguided (He certainly is, he got so overconfident whilst hacking into US Defence Computers and those of NASA that he misguidedly got careless and therefore got caught).
I would rather the Home Secretary concentrated on making his Department 'fit for purpose' and ensuring that illegals are deported, dangerous prisoners stay in jail and sorting out the totally mismanaged National ID Card Scheme, than writing articles for the Sunday Times.