Autistic hacker tests penal pests
GARY MCKINNON should not suffer a prison sentence for hacking US military computer systems, a medical expert has told the UK's public prosecutor.
The UK high court will tomorrow (Tuesday) hear an oral application for a judicial review of Gary's case, which may be his last opportunity to fight off a US order to have him extradited and tried as a terrorist.
His written application for a judicial review was rejected in October. But Gary's legal team has been pulling last-ditch legal moves like rabbits from a hat. The medical evidence caused the Crown Prosecution Service to agree last Thursday to spend four weeks reconsidering the extradition order it agreed with the US in 2002, and instead try Gary in the UK.
The medical evidence, describing Gary's Aspergers' Syndrome, has also made a mockery of US prosecutors' assertions that Gary is a terrorist. It demonstrates that he is rather, rather harmless. And more, that he is a vulnerable person who needs help.
Gary's Aspergic condition made honesty and an acute sense of justice one of his predominant personality traits, said medical assessments submitted to the CPS by his legal team. Obsession was another Aspergic trait. It was a combination of all these that led him to hack into poorly secured US military computer systems in search of evidence (based on the published testimony of US military personnel) that it had captured and suppressed for its own selfish gain UFO technology that could be used to benefit the whole of humanity.
"He believes that what he was doing was right because he believes he was trying to uncover truth and he believes that the pursuit of truth was the right thing to do," said the testimony of Simon Baron-Cohen, renowned Cambridge University autism expert.
"In my view his motivation was unrelated to any terrorist agenda, nor did he have any wish to cause harm, damage, or loss to the US as a nation or any individual," his testimony read.
The medical experts did not attempt to argue that Gary should not be brought to justice for his hacking crime. They said rather that his condition made it imperative that he was tried in the UK and that the justice system treat him as the vulnerable adult that he is.
"There are questions about whether he should be in prison at all because someone with Asperger's will find it very difficult to tolerate a prison environment," said Baron-Cohen. "We should be thinking about this as the activity of someone with a disability."
People with Asperger's Syndrome can find everyday social situations stressful because they have trouble with the "reciprocal social relationships and social communication" that other people find natural, said Dr Thomas Berney in the August 2008 report that diagnosed Gary with Autism.
This trait, along with what Berney called unusually focal, circumscribed and repetitive behaviour, can make someone like Gary a target for bullies. Hence, Berney's diagnosis explained, if Gary was denied the opportunity to "withdraw from complex environments" and reside somewhere "more autism friendly" he would be likely to suffer a drastic deterioration of his mental health.
"He is likely to develop a pathological anxiety state and, given the presence of the developmental disorder, he will be prone to develop an acute psychotic disorder," he said.
Baron-Cohen concurred that US incarceration, either pre- or post-trial, would cause a "serious deterioration" of Gary's mental health: "If separated from parents and partner and put into the traumatic environment of prison, there is a risk that he would attempt to take his own life," he said.
There was a third and possibly wider implication of the medical evidence the CPS is considering, one that might have liberating consequences for people with Asperger's who have found themselves unwittingly on the wrong side of the law. That is, while Aspergics can be of above normal intelligence, their social age makes them vulnerable. This, said Baron-Cohen, should effect the way they are handled by the justice system.
"In terms of criminal responsibility, it might be more appropriate that he be judged as having the mind of a child who inadvertently breaks a rule doing what he thinks is for the greater good but which is in fact the result of poor social judgement, unaware of how his behaviour will be viewed by others," said Baron-Cohen's testimony.
Unfortunately, society in general has yet to recognise Aspergics, let alone the legal system judge them appropriately. In a statement by the National Autistic Society last week, its chairman Mark Lever said its research had found 63 per cent of people with Asperger's were not getting enough support. 59 per cent didn't even get a diagnosis until they reached adulthood. Such diagnoses are often made only after an Aspergic has already suffered a deterioration of their mental health because of their inability to cope with the complex social environments that most people are expected to operate in.
The result in Gary's case is a painfully ironic form of justice: someone clinically obsessed with truth and justice is hounded by a US administration and forsaken by a British government which together peddled lies and distorted justice in order to wage war. The protest slogan that Gary left on the US military's computer systems ("US foreign policy is akin to government-sponsored terrorism") stands as one of the first great acts of electronic graffiti. And McKinnon, despite being mostly harmless and fairly vulnerable, stands also as a very modern sort of hero. µ
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I wonder if anyone is willing to pay the price of being autistic in exchange for l33t hacker skillz. Minus the silly 'seeking the truth' motivation crap of course.
That guy would've made a fine suicide bomber given the right 'motivation'.
This article is an indication of how foolish we have become. We are no longer concerned with stopping crime, or in seeing victims receive at least a token apology and compensation. We are only concerned that the darling criminal is not too severely inconvenienced. Should we let this hacker go free, simply because he has a mental issue? Is the mental issue going to disappear, or will his freedom allow him to pose an on-going risk to those around him?
I would agree with sentencing him to spend his loss-of-freedom time in a mental institution, with appropriate care. I would not agree with him being treated differently in the courts so he gets off.
"US foreign policy is akin to government-sponsored terrorism" - agreed. Although I would add the UK and Tony Blair to that list. Let's see... invading another sovereign nation (Iraq) for no reason and then killing thousands and thousands of innocent Iraqi civilians. That's a pretty good definition of terrorism. Way to go Bush and Blair... You've taught every other nation in the world that they had better develop nuclear weapons NOW, otherwise we may invade their country to if they tick us off. That's why Iran, North Korea and other nations are going nuclear now. Nice lesson.
Stopping crime is important, but you can't punish a person who's not guilty.
Gary knew exactly what he was doing when he hacked the U.S. computers. Now it's time to pay for his admitted crimes. He needs to man up and take his punishment. If he needs medical care for his stupidity, the U.S. can provide that too.
Hitler had the Jews and now the Americans have the Terrorists.
How long has the U.S. been protecting the world from terrorist armies now? Has anyone ever seen an army of terrorists? No, because there are no army of terrorists to be seen.
Lets all get over Bush and his attempt to force fascism on the world and tell the Americans to stop all their nonsense, arrest and prosecute their war criminals and traitors, say they're sorry to the world and somehow make them understand that not everyone is a Simpson's watching brainless and obese Yank that will believe anything as long as you don't take away his TV and reality shows.
Israel has just promised to be out of Gaza before Obama is sworn in thus taking advantage of the last hours of the Bush administration to push their own form of Nazi Terror under a fascist U.S. president. The UK should just wait for Obama and then this case will "just go away".
Do the crime do the time. Simple enough. Why should he be given any special treatment? Being 'ill' is just as much bullshit as saying you were insane. Say Joe 6-pak drinks way too many and kills someone with his car. Should he be able to say he was 'ill' or didn't know what he was doing because he was drunk and thus not be punished? He could say that since he had been drinking, he didn't realize that he was drunk and about to murder someone.
If someone is 'ill' enough to not be ablet to not break the law then they are a danger to the rest of us. Lock'em up!
What a load of crap that so much time and money has been wasted on this puke.
Keystone... Gary is NOT asking for special treatment!! If you had taken a couple of minutes to read some of the articles you would know that. He is asking to be tried in the UK and serve his time in a British prison!! His home country. Just like ALL the other hackers in the UK (who have hacked into American systems) have been tried IN THE UK!! American prisons are some of the most violent and worst in the world. I don't think Gary minds doing time in a UK prison where he can be visited by his family and friends once in awhile and doesn't have to worry about Bubba becoming his wife in prison. Do a google search and you'll see the entire international community consider US prisons the worst in the world. Even Russia and Turkey consider them worse than their prisons!!
I wasn't meaning that he should only do his time in USA. But he should indeed do the time. There are variants of US prisons (minimum security/maximum security). Not all of them are as bad as made out to be. Sure you are locked up without your total freedom, but most prisoners have more given to them than they deserve for the crime they commited, and... it cost them absolutely nothing. Some low income homes have much less than the prisoners get for free.
I believe I have read each of the articles here and some at other sites. Some multiple times to make sure I understood what was really going on. It cracks me up to hear people wanting him to be 'not guilty' just because he has a disorder. Insanity is a disorder. Being intoxicated is a disorder. Being overtaken by hate, rage and madness is a disorder.
I honestly don't think he caused that much harm but he did break the law and should be punished for it just like anyone else that did the same thing.
Asperger is something your born with, being drunk isnt. Im a asperger myself, and ive had a hard time with loads of stuff. Its people like you, that makes this world a crap place for people with a mental handicap. Just cause you cant see it, dosent mean they dont have it.
Why should prison NOT be a severe pain in the ass (pun intended). If it were like a walk in the park, then there is no reason for criminals to not break the law again. Maybe the harshness of extreme prison life in a US prison would make criminals decide to obey the law once they were free. Isn't that the whole idea behind all forms of punishment? It's not supposed to be fun or enjoyable or convenient for visits. When one of my kids gets in trouble, we punish by taking away the things they want most (usually web, game playing or cell phone). It normally gets our point across quite well (at least for a time).
I am sorry that you have Asperger. But, if you break the law because of it, then the rest of society is in danger and should not be obligated to just look the other way because you are 'special'. You need whatever treatment/restraints are available to protect the rest of society as a whole. Do you think someone should be allowed to just go around killing people with a machine gun and not be punished or locked up just because they have this? If not punishment or restraint, then what do you suggest is the proper solution to people with disorders that break the law? Where do the courts draw the line and say 'well, he/she didn't know what they were doing so we can't punish them? Drunkards don't know what they are doing at that time either. That's why I say, do the crime...do the time, regardless of situation.
It's not about "not doing the time" at all, it's about all the other BS you're spouting. The American justice system is supposed to adjust sentencing based on intent: If someone was snooping around for no gain, intending to harm no one, and no harm comes, he's supposed to get the minimum possible punishment for a "victimless crime".
So, the problem is, that you're the danger. Now about this guy, let him go to some kind of detention center. But if he can't get justice in the U.S., based on the U.S. concept of proportion, because the system is stacked against him, then he shouldn't be released to the U.S.
Your idea, that a drunk who kills someone should serve the same time as a psychopathic murderer, flies in the face of justice. Perhaps it takes 15 years for a chronic drunk to be made non-threatening, perhaps it takes 15 lifetimes for a psychopathic murderer, and perhaps a person with Asperagers seeking the "greater good" could learn his lesson in 15 days. The American judicial system is supposed to make such adjustments, and if it will not, than it needs to be denied its prey.
American nonsensical rhetoric based on unprovable gibberish such as global terror networks that are so secret that no one can ever prove them may work when backing up your arguments with threats of invasion and atomic weapons but here on this forum you can make no threats.
This sad, lonely and ill boy is not a terrorist. U.S. prosecutors have based their case for extradition and sentencing guidelines based on the evident lie that he is a dangerous terrorist....nothing more needs to be said...come back to reality please.
I suffer from paranoid schizophrenia, so when I was 17 I had my freedom taken away for 9 months so that I could be made into someone who could be trusted to walk the streets. I didn't commit a crime, but I was definitely a danger since I was hallucinating.
It's the exact same situation here, he is perceiving things in a way that makes him a danger to himself. He needs to be taken out of society so that he can be treated.
Oh, and I'm not saying he's wrong in his beliefs. But breaking into government computers is not a good idea.
I think the U.S. should accept the argument that he has a disability to the point he is not legally liable. But if so I expect him to be declared incompetent in the UK, appointed a legal guardian to assume legal liability for his future actions, since he himself cannot be held liable, and have his computer activities monitored and limited for life (to ensure he is not damaging anyone via computer, regardless of where he chooses to work, since he cannot control himself). That should be the consequence of accepting the argument that he does not have the mental capacity to control himself (he should lose his adult legal rights).
He COULD have gotten an honest job with the US testing experimental tungsten weapons on unarmed 3rd world children.
Instead he poked around a few computers to see if the US was lying.
Man, what a monster.
Diminished capacity is a very old common law principle. Clearly, he is not being punished for what he actually but for the psychological wound inflicted on the powers that be who in turn want to set a very clear message to all dissidents.
I haven't followed the unfolding of the case very closely. However, from what I've read here and elsewhere, I seem to recall that the Asperger/autism popped up after the extradition proceedings. Surely his lawyers had been aware of it from the start. One wonders.
How would he be judged under looming-on-the-horizon for the UK/EU Sharia Law?
The religiously handicapped on our side of the pond (Evangelical "Christians") would like him executed, but only if he's fully retarded, gay, and a democrat.
Only an Asperger's patient you say? Hell, we've got plenty of 'em already, but here they're called "American Teenagers".
Yes, Barack, hooray indeed that we have replaced an Oil Corporation-owned, mouth-breathing, soul-less pseudo-leader with a new and improved one; purchased, owned and operated by a US media whore (www.oprah.com) and her fascist, Greek billionaire shipping magnate psycho-buddy (www.moveon.org), is-still-a-mouth-breather-but-he-means-well junior-pseudo-leader. A leader put into power by people expressly against ANY notion of sovereign nations, basic recognized national borders, or a truly educated public.
Fun times & lollipops for the whole world! We'll all finally be one, and no more war, hate or bunched-up knickers! ::Blink::
So at this point, it seems the US and UK/EU (Doesn't being side-by-side with the EU abbreviation enrage ANY Englishmen/women? Eeeewww!!) aren't playing nice anymore...so...
Let's take some time off from each other. We'll work on this joke of an economy we have that's killing LOTS o' nations wallets (and purses in Europe :P), get these damn kids to read books and breathe through their noses, and, maybe most importantly...
Make DAMN sure that an Evangelical "Christian", Southern Baptist, or anyone with an IQ under 130 or so NEVER represents our people and Nation ever again.
What can you do? Glad you asked...
You get to try to hold on to that last shred of Sovereign dignity and pride you once had, STOP pretending that all sides in a conflict, or ideas in government have EQUAL LEGITIMACY.
There are still bad guys in the world, and believe it or not, they live MUCH closer to you than us, and have been near your soil as conquerors within the last 1200-1500 or so years... Do all in your power, anything you can; PREVENT SHARIA LAW IN YOUR KINGDOM.
The hard part? Keeping the forward-thinking Muslim nations and people on your side, and in your corner. (yeah, we kind of blew it there!)
Don't go overboard with any crazy immigration deals involving oil-for-citizenship agreements like the one France signed in '76. Unless you like half-retarded, hate-filled children burning all your stuff! ;)
Also, good luck with Russia! It seems they are just as friendly as ever to their Western neighbors! And they're SUPER friendly to Muslims too! ::cough::
Maybe We'll help, but, you know, China's our nut to crack, and it's a tough one.
Whew! I need to get going, that's a LOT on my to-do list now! Guess I'll start in Texas.
You guys get started on your "project" and when we're healed, wiser, and std-free, we'll meet for coffee at the half-way point to figure out what to do about the Catholics.
I won't go into the other big one as Europe's getting-old-now anti-semitism clouds current logical discussion of that other faith's activities.
Umm...Cheers!
Also, it's not you, it's me.
Writing some messages on a computer screen, how is that terrorism?
I very much doubt that Gary would "make a good suicide bomber". Autistics/Aspergers don't see the world the same way as other people, and I doubt the terrorists would be able to brainwash him.
As for "make the punishment fit the crime" and "he should be punished for what he's admitted" I think the mob should think carefully about the following two facts:
The US have accused him of breaking into highly sensitive military computers. He has admitted to breaking into badly secured servers. If both those statements are true ...
So. Assuming he is a typical asperger he will find it very difficult to lie, so the second statement must be true. Who are we to doubt the word of the American Government? This case does look very strongly as if someone is trying to hide their acute embarassment, and it ain't Gary!
(And while there is a question of "where do you draw the line / how severe is it", it's fairly easy to diagnose Aspergers. The court shouldn't have any difficulty cross-examining the doctor - and if they cross-examine Gary they should see for themselves very quickly.)
Cheers,
Wol
This should be recognised as a simple act of vandalism and not terrorism.
The Americans are over-reacting.
At least now they know their security is not good enough.
Wow, one man embarasses the military and law in whole should bow down to their ego and point the finger? I guess the military is as stupid as to what happened on 9/11.. It doesn't take the literate to determine how corrupt/humane the law is; but, I'm sure the law will do its "justice". Hopefully, there will be a shred of humble pie left..
He should have thought about things like that before he hacked into government computers, there is simply no excuse. and so he sees what he did as right, so what, so did charles manson. it doesnt matter what you think about what you did, it doesnt change the way things really are.
he needs to be put in jail, and kept there, but on the other hand, he also needs to be given what help they can, AT HIS OWN EXPENSE, as i dont see why we should pay for some idiot's mental health for hacking. and it should IN PRISON, as he shouldn't be given luxury.
McKinnon is an arsewipe. It's no surprise he hacked into military PCs searching for UFOs and little green men...
Thankfully the U.S. judicial system has a cure for arsewipe syndrome. I'm sure that McKinnon will definitely be "cured" when he returns to the UK. His cell mate Bubba will make sure of that...