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McKinnon looks for legal loophole

Hacker has 14-days to find one
Tue Oct 14 2008, 09:40

HAPLESS HACKER Gary McKinnon is looking for a judicial review to save him from 60 years in a US prison. He has 14 days to assemble a case before the UK Home Office gives the US government goons permission to nab him.

McKinnon has spent six years fighting a US order for his extradition to face charges that he deleted files and shut down thousands of US military computers after 11 September 2002.

Karen Todner, his solicitor, said: "We will be applying for a judicial review."

The Home Office yesterday gave McKinnon 14 days to say goodbye to his family. The US prosecutors told him that if he didn't agree to the terms of their plea bargaining they would have the book thrown at him.

But Todner suspected UK Home Secretary Jacqui Smith had been in talks with the US about the extradition order against McKinnon but failed to consider important details.

"Jacqui Smith didn't even ask the US if Gary could serve his time here, even though he has Aspergers Syndrome" Todner told The INQUIRER.

"She accepts there would be a breach of his human rights if he was extradited, but a breach of human rights is possible under the treaty if it is deemed to be proportionate. The over-riding obligation is to the treaty. That means we have something to look at," said Todner.

Gary's family and friends spoke out against the extradition order in the INQUIRER's spodcast yesterday.

Gary's Mum, Janis Sharp, said she would tie herself and her son to a railing to stop the US taking her son away. "We have already served a six-year sentence, " she said in the spodcast.

"He totally embarrassed the number one super power in the world," said McKinnon's Dad Charlie. The US charges were "a load of rubbish" that had been trumped up to hide US embarrassment over a hobby hacker gaining access to their military systems. Wilson Sharp, Gary's Step-Dad, said the US should be prosecuting their own security personal for leaving security holes big enough to let in a hobby hacker. But the US is treating McKinnon as a threat to national security.

McKinnon has Aspergers Syndrome, which makes people curious, obsessive, but honest. He has admitted that he had hacked low security US computers in search of evidence of UFOs. But has denied the charges that he caused criminal damage while he was there.

The Home Office refused to say any more than that they had given Gary's case the closest legal scrutiny and come to the conclusion that it could not stop the US extradition order. A spokeswoman said it was not prepared to publish the legal summary of the decision on which it has decided Gary McKinnon's fate. µ

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Comments
Everyone claiming to have Asperger's

Stop it. There are different intensities of the syndrome just as there are different intensities of Autism. Just because you are capable of better self control then McKinnon does not make you a professional psychologist capable of determining his state of mind in this situation.

You also have to consider how the US treats the mentally Ill. It's more then just a human rights violation, it's just plain evil what they do there, even executing the mentally handicapped.

posted by : Jason, 16 October 2008 Complain about this comment
Where were his parents?

I have an Aspie child too.
I monitor his behavior. 
This person did some illegal. I wish his parents had done their job and helped keep their special needs child out of trouble.

posted by : kittenlegal, 15 October 2008 Complain about this comment
Poor Gary

Hacker @ Paul?
the default installation of XP pro doesn't require a password,
everyone puts one in, cept in NASA and other gov buildings in the usa.
DO you know why they dont, because you are not allowed to hack them, and you might get caught.

i.e. the úber hacked XP systems in the U.S. of A.... all the sysadmins installed all workstations without an admin password, 
therefore only a superhacker could gain access??
Also, he got in through publically available I.P.’s, then installed…
PCAnywhere, the superhackers Trojan??
Sftu Paul,
At least get a clue before you start preaching
The poor kid shouldnt be taking the rap for this.
corporate/media/sky/fox bull****

Jesus, it reminds me of when I was 16 and borrowed my uncles car(crashed)
I didnt go to jail for 60years. we learn from mistakes

posted by : bangers, 15 October 2008 Complain about this comment
20 Years

"He won't get 60 years, but hopefully he'll get at least 20 years plus all costs" Are you for real Paul? You don't get 20 years for murder! How can accessing a computer system be considered a more serious offense than taking a life! 


posted by : Ian, 15 October 2008 Complain about this comment
Sorry, you're definitely wrong about the honesty thing

I get to watch several children with Aspergers, and believe me, it doesn't give you a predeliction towards honesty. It would be great if there was a disease like that going around, but it's just not true.

posted by : wishitwastrue, 14 October 2008 Complain about this comment
McKinnon deserves no special treatment

McKinnon is a hacker who deserves to be punished for his crimes like any other scumbag criminal. He won't get 60 years, but hopefully he'll get at least 20 years plus all costs. He should have given more thought to his behavior before deciding to hack.

posted by : Paul, 14 October 2008 Complain about this comment
Special Treatement because of AS?

I don't think there should be any special treatment given because he has Asperger's Syndrome. I say this from the experience of having the disorder myself. I know not to mess with government computers. Asperger's Syndrome doesn't prevent me from knowing right from wrong.

posted by : Frank, 14 October 2008 Complain about this comment
Of Muppets and Puppets and Political Midgets

"A spokeswoman said it was not prepared to publish the legal summary of the decision on which it has decided Gary McKinnon's fate." .... Then does it probably not stand up to legal scrutiny and the decision is therefore wrong. And it is High Time that the Fascisti recognised that their Presence is no longer Compatible with Post Modern Existence, meThinks.

<<<< 
Whose Side is Jacqui on?
By amanfromMars
Posted Tuesday 14th October 2008 03:32 GMT

The Disgrace is the Home Secretary's Judgement in Not to Intervene, which is not Fit for Future Purpose. Today's Tales of her 42 Days Detention without Charge Crusade are Testament to that. She is way out of her Depth in a Changed Paradigm..... as are obviously her Handlers/Advisors too. Maybe Gordon will Cement his New Leadership Position with a Quiet Word in her Shell -like and then the Rest of US will know that he means Business and Blighty Boffins are Go and Boldly Going into New Fields of Virtual Enterprise .... with AI NEUKlearer HyperRadioProActivity for the NeuReal CyberIntelAIgent Essence of Being @ IT Work, with his Backing/Government Backing, for of course, IT moves on Apace, at a Furious Pace, No Matter what. The Kudos comes with Realising IT and Man, would that be a Legacy to leave Behind when Time comes to Step down and Move On to Greater Things. It would certainly instantly Eclipse and Virtually Render as Relatively Inconsequential anything anyone else in the Labour Party has recently done.

Ode to Joy and Sweet Justice some would Say and Applaud.

"He has described the acts as an attempt to unearth proof that the US military was suppressing evidence that it had acquired advanced technology from UFOs." And if that is not in doubt, it would certainly be considered by many to be grounds for medical treatment/psychiatric counselling rather than incarceration in a foreign and hostile environment.:-) Others though would argue that it is everyone's Duty to uncover such acquired advanced technology, for no one has the Right to keep hidden.

And doesn't the Pentagon yet know, that there is no Internet Secrecy available, never was and never will be ..... "Internet privacy does not exist—at least not inherently in its design. It is erroneously believed to exist;..." which is the first sentence of a Master of Mathematics in Computer Science degree thesis presented to the University of Waterloo by Joel Reardon .... with the thesis pdf being available here .... http://uwspace.uwaterloo.ca/handle/10012/4011

Come on, fellas, get with the Program. You're holding up Momentous Progress Unnecessarily. Nobody likes a Sore Loser when All can be Winners.


http://theregister.co.uk/2008/10/13/mckinnon_extradition_latest/comments >>>

Ps.... Don't bother looking for the above on El Reg . It aint there.

posted by : amanfromMars, 14 October 2008 Complain about this comment
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