Gary McKinnon Case: Extraditing the 'Extraterrestrial' Hacker - Yes or No?

The case of Gary McKinnon has attracted the attention of everyone from Sting to Stephen Fry, he's been discussed in the House of Lords, NASA, the FBI and if your favorite forum hasn't at least mentioned him there's a good chance you're imagining it.  He combines information age politics, US foreign policy, the hunt for aliens, conspiracy theories and mental illness in the most perfect way possible, at least until Michael Bay makes a movie about a lovable handicapped kid accidentally inventing anti-gravity drives.  (And no, we're not talking about 1985's "Explorers").

The details of the case are pretty simple:  Scottish system administrator Gary McKinnon hacked into various NASA and US Military computers, poked around and left insulting messages.  Now the US wants to extradite him and send him to jail for approximately infinity billion years, which is the kind of thing that happens when you piss them off.  The big debate is whether the UK should allow him to be extradited.

The ideas of those against extradition are fairly clear: this is all kinds of freedom of information-ry rolled into one, combined with a fair amount of fear of the US being allowed to run around imprisoning anyone they want.  Note that no-one's claiming Garry should be allowed to get away with it - they just say he should be tried and sentenced in the UK.  What with him being a UK citizen, and committing the crime in the UK, and pretty much every other reason that would apply to any crime that didn't have a computer connection.

The case for is also pretty clear-cut: he did actually do it, and international legality issues aside you can't expect to hack into the largest military on the planet, leave threatening messages, and get away with it.  It's been made very clear that they don't just want to catch him: they want to crucify him as an example of electronic "anti-terror" lows (boosted to the nth power by saying "Post-9/11" every time they talk about him).  Which sucks, but he did commit a dumbass crime and get caught in a dumbass way (by his own admission forgetting that it's a different time in America and hacking a computer someone was using). 

Another argument which attracts a lot of internet attention is his recent diagnosis with Aspergers syndrome (as claimed by 90% of people who don't have it but do act like assholes online).  We aren't medical doctors; we'd only mention how the diagnosis took place three years into the legal battle to prevent extradition.  Seven years after the original crime.

So what's the answer?  We don't know - that's why we're asking you to tell us what your opinion is.  Does the victim get to determine the punishment?  Or should international borders be respected when prosecuting crimes which ignore them?

Luke McKinney

http://www.dailygalaxy.com/my_weblog/2009/08/nasa-hacker-faces-nearcertain-extradition.html

Comments

[R J]

Do the crime, do the time. I'm sick and tired of hackers claiming this, that or some other disability or compulsion. He broke into the computers illegally and now he's crying Autism to keep from going to trial in the US. TFB, mate. From what I understand, the UK courts have cleared him for extradition. He's just another dork who got caught and now he's crying for mommy.

[Milkman]

UK citizen using a UK computer, but the "crime" was committed against the US. So they have a right to want him extradited.

I have to question the so called "damages" however. In today's age, one million dollars doesn't sound like a lot. And calling it the largest hacking of the US military could just mean there have been very few other hackings. It doesn't mean the scope of what he did was bad. Other than leaving insulting messages and accessing so called classified computers/documents I don't know what he did. He probably does need to do some time, but IMHO I believe this is being blown out of prorportion.

On his end I am tired of people with defenses about their m0mmy, insanity, or whatever. Sack up pal, you screwed up, now it's time to pay the piper.

Maybe give him 5-10 years and then probation w/good behavior.

[TheOtherGuy]

I think they should sentence him to 4 seasons on a reality show.

[Odd John]

I totally understand that the potential misuses of his system-infiltration skills necessitate his individual freedoms being limited in some way(s). However, all this talk of terrorism, extradition, and prison sentences seems to be going too far. Sure, what he did was wrong/inappropriate, but does it really merit some harsh prison term? I don't support the U.S. gov/military leaning on him just because they're embarrassed, scared, or natural bullies.

[EvilCosmicMonkeyfrom Knoxville]

He's a British citizen - Citizen of the " Nanny State " ? - Too bad. He committed a crime against the U.S., he should be tried in a U.S. court.

They would extradite him ( probably ) if he did such a thing against the French, Germans or Russians, it should apply to us, historically the UK's closest ally.

[Birdwatcher3000]

He should be tried in the US and do his time in the UK.

[Ky]

How about this?

They should hire him. If he can hack through their system that easily, the system wasn't very bloody secure in the first place, was it?

[Giles Thomas]

"Another argument which attracts a lot of internet attention is his recent diagnosis with Aspergers syndrome (as claimed by 90% of people who don't have it but do act like assholes online)."

*facepalm*

Did you ever aspire to be a journalist? 'Cause you any aspirations you had died right there. Sad.

[Giles Thomas]

Correction - 'Cause any aspirations you had died right there.

OK, typo notwithstanding, everything stands.

[Jonathan]

Please don't forget that he didn't "hack" a damn thing.

He logged into machines that the US military had stupidly left open to public access, using well known admin accounts that hadn't had their passwords changed from their insecure defaults.

This case is *entirely* about an embarrassed US military wanting to punish someone who left documents on their machines saying something like "I know you've got UFOs!!!1!". What in the name of all that's holy has that got to do with a "Post-11/9" environment, or a proportionate punishment?

Nothing at all.

[Pasander]

How about one year in jail, in that time his knowledge is no longer relevant in this fast paced IT world!

[Dave]

I remember doing a bit about online jurisdictions in media law. There are clear precidents in past cases relating to website content in which it has been decided that the person is trialled where the content was "published" ie. where the damage was caused, rather than where it was written.

I know this isn't about publication of data on a website. But it does seem kinda of similar. ie. debate over jurisdictions regarding online crimes.

Personally at the time I was learning about those cases I thought it was a very dodgey slope to convict people using laws in a country they didn't step foot in at the time. But that's the way it seems to be heading.

It really puts into question a lot of things about internet freedom.

Although I agree this guy should be punished.

The thing is what if I violate North Korea's laws while in the U.S or U.K?

But then, should people in very lenient countries get away from this Scott free.

Jurisdiction of online crimes is very complicated and I don't think there's an easy answer.

[Julie]

What a fuss about someone showing that some US Military and NASA computers need better protection from hackers. Maybe he did them a favour. Maybe they should employ him! These kind of crimes often seem to attract longer sentences than murder or GBH - what does that show about our values?

[A.E. Newman]

The U.S. government had best hire him before someone "serious" gets "in"!

[EvilCosmicMonkeyfrom Knoxville]

On the OTHER hand, he didn't do any real damage, much of what he did was equivalent to tagging a subway wall or a bus, etc., MAYBE he should get off with a light slap on the wrists, then hired by an American Internet security firm. He appears to have some talent there.

BTW : People with autism / Asperger's ( & I'm not stereotyping here, there HAVE BEEN studies. ) are very often gifted with high IQ's, especially w / dealing w / machines & anything inanimate. Is it any wonder he turned to honing his hacking skills ?

[dirk alan]

what were the insults ? he should get less punishment for pithy to the point stuff. like - you bucketheads left your valuable data wide open. more punishment for - yo mamas so fat type stuff. he did us a favor - he didnt destroy stuff nor sell the data to the norks or al qaida get over the insults let him alone.

[themidnightjudge]

Aspergers doesn't justify crime at all. I say that as someone with Aspergers.

He didn't really do any harm though. It's kind of a shame.

Not that he shouldn't be prosecuted. Fear is an important factor in preventing hacking of government computer systems.

Wouldn't you think the government could piece together a decent security system?

[jadonbrez]

He just proved how behind the times the U.S. military industrial complex is, as well as their politics. It is time for the U.S. to wake up and see the world as it actually is.
They have sold out their country for profit in everyway possible i.e.(manufacturing, farming, medications,I.T., Labor, etc.)
For Christ Sake they care more about guarding E.T. secrets then giving their people health care. How much will it cost them to prosecute this mentally ill man who was just looking for the truth? OHH! by the way WHERE IS OSAMA BIN LADEN? HOW IS THAT GOING? Why not address the real threats OOPS they are the ones who contribute to your campaigns! THEY ARE ALL SPINELESS BASTARDS EACH AND EVERYONE! PLEASE PROVE ME WRONG !!!!

[Peter]

He should be tried in Europe, the US judicial system is too barbaric.

[mavi]

FREE GARY !!!

[EvilCosmicMonkeyfrom Knoxville]

mavi -

" FREE GARY " - Then hire him because he obviously has serious skills. He could've don MUCH WORSE than leaving a few insulting messages in NASA & other government computers. He could be a consultant showing U.S. government & private sector Internet systems the leaky spots in said systems. I heard that the security was rather lackluster in many of those sites anyway.
At 1st I was for extradition, but I've done a complete 180 degree turn.

[awesome0]

I'd say he did them a favor by pointing out a vulnerability and i dont think they have any right to demand him delivered. The US military only get so pissed because he proved that they can be hacked - apparantly some high-order dude godt offended..

I seriously doubt anything would happen if he had done his hacking from China or if a US hacker hacked into a chinese defense computer and they demanded him delivered.. hypocrisy!

[Simon Says]

The man showed that the hacked systems were quite hackable, but did not cause any damage; reason why there are people recommending for him to be hired in order to repair the loss of face suffered by the hacked, by creating something less or not hackable. What logic says no to that solution?

Simon Says