The US government alleges that McKinnon hacked into military
computers and caused damage. McKinnon has admitted hacking the US
networks. But he has suggested he was seeking suppressed evidence
of UFOs and denies causing harm.
According to the US indictment, between March 2001 and March
2002, McKinnon hacked into and damaged more than 90 computers
belonging to the US Army, Navy, Air Force, Department of Defense
and NASA, and six computers belonging to private businesses.
The indictment alleged that McKinnon scanned a large number of
computers in the .mil internet domain name network, was able to
access the computers and obtained administrative privileges. Once
he was able to access the computers, McKinnon is alleged to have
installed a remote administration tool, a number of hacker tools,
copied password files and other files, deleted a number of user
accounts and deleted critical system files. The loss to the various
military organizations, NASA and the private businesses was
estimated at $700,000. McKinnon was charged on seven counts of
hacking and on each count faces a maximum sentence of 10 years'
imprisonment and a $250,000 fine.
The US sought McKinnon's extradition and McKinnon challenged it
in Bow Street Magistrates Court.
Unauthorised access to a computer would not be sufficient to
justify extradition from the UK because the UK's Computer Misuse
Act currently carries a maximum penalty of six months' imprisonment
for this offence. Under an extradition treaty of 1972 between the
US and the UK, only an offence carrying a maximum sentence of one
year or more in both countries is eligible for extradition. But the
charges against McKinnon include causing damage – and that carries
a maximum sentence of five years in the UK. It is irrelevant that
the sentence is higher in the US.
McKinnon might have argued that the request for extradition was
made with a view to punish him for an offence of a political
character. Alternatively he could and did argue that he would not
receive a fair trial in the US. The UK-US treaty allows extradition
to be refused on any ground specified by the law of the requested
party. In the UK, the right to a fair trial is enshrined in the
Human Rights Act and the European Convention of Human Rights.
But Silicon.com reports that Judge Nicholas Evans today rejected
McKinnon's argument that he would face an unfair trial in the US
where McKinnon's case has been characterised as a matter of
national security.
Judge Evans told the court he is confident in assurances
received from the US that McKinnon will be tried in a civilian
court and will not stand trial under 'Military Order No. 1' which
could have seen his indefinite imprisonment in Guantanamo Bay,
reports Silicon.com.
Karen Todner, Mr McKinnon's solicitor, told BBC News: "We're
obviously very disappointed with the judgement that was given this
morning. We're proposing to appeal this to the Secretary of State,
and if we're still refused we will then appeal to the High Court
for a decision to allow Gary to be tried here as a British
citizen."
