My views on the Gary McKinnon Case and the Extradition Treaty were detailed on the 01st August 2009 in this post.
Extradite Gary McKinnon, no problem. But now let's fix the Extradition Treaty
Even the Home Secretary after reversing his decision to not to review the case (U-Turns being one of the few things British Ministers seem good at), has found that there are NO valid reasons to stop the extradition.
As a reminder on what this is all about:
Gary McKinnon hacked into 97 Computers belonging to:
United States Defense Department, US Navy, US Army, US Air Force, and NASA in the months after the Sept. 11 attacks. In the process of causing (by latest figures) $700,000USD of Damage, and stole 1,000 passwords from high-security computer networks.
He has admitted he did indeed commit these crimes, but only because he was looking for information on U.F.O.’s. Hmm, if this was indeed his only agenda, why did he leave the following message on one of the Pentagon computers he hacked:
“U.S. foreign policy is akin to government-sponsored terrorism. I will continue to disrupt at the highest possible level.”
The Lawyers acting for the US in the Extradition Case have described Mr McKinnon as:
The most prolific and damaging computer hacker in the history of the United States military.
Well I would change the wording to:
The most prolific and damaging, non-state supported computer hacker in the history of the United States military, that has been caught so far.
But then these are only Lawyers and what do they know about Cyber-Espionage being carried out against all Western Countries Military and Industry.
But despite this caveat, the crimes committed mean Gary McKinnon was carrying out acts of Cyber-Terrorism against the USA.
But hold on, a Professor watching a Television Interview being given by McKinnon after extradition proceedings had started, began to suspect that he was suffering from Asperger syndrome, and subsequently he was indeed diagnosed as a sufferer of this disorder in August 2008 (three years into the Extradition proceedings). Asperger Syndrome is viewed as being within the Autism Spectrum of Disorders and is the cause of much discussion amongst researchers and indeed sufferers whether it is a difference (i.e within the spectrum of normal behaviour), rather than a disability that must be treated or cured.
As covered in my earlier post, Gary McKinnon does seem to fit some of the Asperger Profile, but surely this should have been diagnosed in Childhood when the symptoms are more pronounced rather than in his early 40's. Also within Asperger, like any of the disorders within the Autism Spectrum, there are huge variations between individuals.
If Asperger's is a valid defence, then there is no reason why this would not be considered as valid in a US Court as in a UK one?
Alternatively now that it is known that in Gary McKinnon case Asperger's is so serious that his obsessive behaviour meant that he went out and attacked the systems of a British Ally, then why hasn't he been sectioned under the Mental Health Acts and currently in a secure facility and (as there is nor real treatment) confined there for the rest of his life?
A lot of People from the British Autism Society to a bunch of Cross-party MP's and 'Celebrities' have jumped on the Save Gary McKinnon bandwagon. At least in the case of the British Autism Society, I have some sympathy with their stance as for the rest, well..
The only Person for whom I have both sympathy and respect in this case is Gary McKinnon's Mother, Janis Sharp who has mounted one of the most impressive campaigns in support of her son that I have ever known. Having said that, I believe her campaign should fail and that Gary McKinnon's case be heard in an American Court on the eight counts of computer fraud, that the extradition request is connected with.
But this does NOT in any way change my views on the 2003 Extradition Treaty. It is one of a small number of issues where I agree with Shami Chakrabarti (I respect and admire the Lady, just don't often agree with her) that this Extradition Law is in need of urgent reform. I would go further, in the next parliament the Treaty should be revoked and whilst renegotiated replaced by Extradition on a case by case basis.
See:UK-US Extradition Treaty and Certain American Politicians Support for Terrorists Posted on 13th August 2006 .
After all one of the reasons it is so imbalanced is the concern that members of the IRA living in the US would not be given a fair trail if extradited to Britain and one of the concerns of the British Supporters of Gary Mckinnon is that he won't get a fair trial in the USA, I trust US Justice the same as I trust British Justice, I view both with considerable reservations, but they both attempt to give defendants a fair trial - My Objection to the NatWest Three being extradited, was their case clearly fell within British Jurisdiction and due the intense anger over Enron, there was a possibility of trial bias. But the reason that I support Gary McKinnon's Extradition is treaty, or not, this case falls within US Jurisdiction and there is NOT the same US Domestic angst.
Extradite Gary McKinnon, no problem. But now let's fix the Extradition Treaty
Even the Home Secretary after reversing his decision to not to review the case (U-Turns being one of the few things British Ministers seem good at), has found that there are NO valid reasons to stop the extradition.
As a reminder on what this is all about:
Gary McKinnon hacked into 97 Computers belonging to:
United States Defense Department, US Navy, US Army, US Air Force, and NASA in the months after the Sept. 11 attacks. In the process of causing (by latest figures) $700,000USD of Damage, and stole 1,000 passwords from high-security computer networks.
He has admitted he did indeed commit these crimes, but only because he was looking for information on U.F.O.’s. Hmm, if this was indeed his only agenda, why did he leave the following message on one of the Pentagon computers he hacked:
“U.S. foreign policy is akin to government-sponsored terrorism. I will continue to disrupt at the highest possible level.”
The Lawyers acting for the US in the Extradition Case have described Mr McKinnon as:
The most prolific and damaging computer hacker in the history of the United States military.
Well I would change the wording to:
The most prolific and damaging, non-state supported computer hacker in the history of the United States military, that has been caught so far.
But then these are only Lawyers and what do they know about Cyber-Espionage being carried out against all Western Countries Military and Industry.
But despite this caveat, the crimes committed mean Gary McKinnon was carrying out acts of Cyber-Terrorism against the USA.
But hold on, a Professor watching a Television Interview being given by McKinnon after extradition proceedings had started, began to suspect that he was suffering from Asperger syndrome, and subsequently he was indeed diagnosed as a sufferer of this disorder in August 2008 (three years into the Extradition proceedings). Asperger Syndrome is viewed as being within the Autism Spectrum of Disorders and is the cause of much discussion amongst researchers and indeed sufferers whether it is a difference (i.e within the spectrum of normal behaviour), rather than a disability that must be treated or cured.
As covered in my earlier post, Gary McKinnon does seem to fit some of the Asperger Profile, but surely this should have been diagnosed in Childhood when the symptoms are more pronounced rather than in his early 40's. Also within Asperger, like any of the disorders within the Autism Spectrum, there are huge variations between individuals.
If Asperger's is a valid defence, then there is no reason why this would not be considered as valid in a US Court as in a UK one?
Alternatively now that it is known that in Gary McKinnon case Asperger's is so serious that his obsessive behaviour meant that he went out and attacked the systems of a British Ally, then why hasn't he been sectioned under the Mental Health Acts and currently in a secure facility and (as there is nor real treatment) confined there for the rest of his life?
A lot of People from the British Autism Society to a bunch of Cross-party MP's and 'Celebrities' have jumped on the Save Gary McKinnon bandwagon. At least in the case of the British Autism Society, I have some sympathy with their stance as for the rest, well..
The only Person for whom I have both sympathy and respect in this case is Gary McKinnon's Mother, Janis Sharp who has mounted one of the most impressive campaigns in support of her son that I have ever known. Having said that, I believe her campaign should fail and that Gary McKinnon's case be heard in an American Court on the eight counts of computer fraud, that the extradition request is connected with.
But this does NOT in any way change my views on the 2003 Extradition Treaty. It is one of a small number of issues where I agree with Shami Chakrabarti (I respect and admire the Lady, just don't often agree with her) that this Extradition Law is in need of urgent reform. I would go further, in the next parliament the Treaty should be revoked and whilst renegotiated replaced by Extradition on a case by case basis.
See:UK-US Extradition Treaty and Certain American Politicians Support for Terrorists Posted on 13th August 2006 .
After all one of the reasons it is so imbalanced is the concern that members of the IRA living in the US would not be given a fair trail if extradited to Britain and one of the concerns of the British Supporters of Gary Mckinnon is that he won't get a fair trial in the USA, I trust US Justice the same as I trust British Justice, I view both with considerable reservations, but they both attempt to give defendants a fair trial - My Objection to the NatWest Three being extradited, was their case clearly fell within British Jurisdiction and due the intense anger over Enron, there was a possibility of trial bias. But the reason that I support Gary McKinnon's Extradition is treaty, or not, this case falls within US Jurisdiction and there is NOT the same US Domestic angst.
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