Gary McKinnon, British computer hacker, loses appeal over US extradition
(David Bebber/The Times)
Gary McKinnon claimed he had hacked into the Pentagon to look for information on UFOs
A British man accused of the biggest military computer hack in history is facing extradition after losing his last-ditch appeal in the House of Lords today.
Gary McKinnon, 42, a systems analyst who allegedly broke into 97 US military computers from his bedroom in Wood Green, North London, now faces at least 10 years in prison in the Unites States - although some estimates put it much higher.
Mr McKinnon was accused of crashing the US Army’s Washington network of 2,000 computers for 24 hours, causing a significant disruption to Government functions.
US prosecutors also claim that he completely shut down and rendered unusable 300 computers at a US Navy weapons station at a critical time immediately after the terror attacks of September 11, 2001.
But today, his six-year fight against extradition ended when five law lords dismissed his appeal. His only hope now would be to persuade the European Court of Human Rights to put a “stay” on proceedings, pending consideration of his case.
Lord Brown of Eaton-under-Heywood dismissed Mr McKinnon’s claim that the extradition proceedings should be halted as an abuse of process because of alleged threats made to him by US prosecutors.
His lawyers told the Law Lords that he had been offered a “plea-bargain” by which, if he pleaded guilty, he would only serve a short sentence of three to four years, probably at the lower end, and that after six to 12 months he would be returned to serve the rest of his sentence in the UK.
Lord Brown said that, on the basis of the current sentencing regime in this country and its release provisions, he might then serve a total of only 18 months to two years.
But if he chose not to cooperate, was extradited and convicted, he might expect to receive a sentence of eight to ten years, possibly longer, and would not be repatriated to the UK for any part of it, the Law Lord said.
Mr McKinnon had claimed that such a disparity “is disproportionate and subjected the appellant to impermissible pressure to surrender his legal rights, particularly his right to contest extradition,” Lord Brown said.
Such pressure, the law lord added, and plea-bargaining generally, was said to run “counter to the principles of English law.”
Lord Brown accepted that that the disparity in likely sentences for Mr McKinnon was “very marked”.
But he said that the information given by prosecutors as to what would happen if he did not cooperate was no more a threat than to indicate the results of cooperation were a “promise” or “bribe”.
He said: “The discount would have to be very substantially more generous than anything promised here (as to the way the case would be put and the likely outcome) before it constituted unlawful pressure such as to vitiate the process.
“So too,” he added, “would the predicted consequences of non-cooperation need to go significantly beyond what could properly be regarded as the defendant’s just desserts on conviction for that to constitute unlawful pressure.”
Lord Brown said that only in a “wholly extreme” case could any encouragement to plead guilty, or offer of a plea-bargain, be regarded as an abuse of process to justify the case being discharged, he said.
It was difficult to think of anything “other than the threat of unlawful action” which would imperil the integrity of the extradition process, he added.
The other law lords - Lords Scott of Foscote, Phillips of Worth Matravers, Neuberger of Abbotsbury and Baroness Hale of Richmond - all agreed and dismissed the appeal.
Mr McKinnon, who is currently on bail, has never denied hacking into the computer networks of a wide number of US military institutions between Febturary 2001 and March 2002. He was arrested in November 2002.
But he always maintained that he was motivated by curiosity, including an interest in unidentified flying objects - he maintained he was looking for information on aliens - and that he only managed to get into the systems because of lax security.
He was accused of using his self-taught computer skills to gain access to 53 UA Army computers, including those used for national defence and security, and 26 US Navy computres including those at US Naval Weapons Station Earle in New Jersey, which is resopnsible for replenishing munitions and supplies for the deployed Atlantic fleet.
He is also charged with hacking into 16 Nasa computers and one Defence Department computer.
Allegations include copying and deleting data and causing damage which cost more than 700,000 dollars to repair.
Born in Glasgow and now living in Bounds Green, North London, Mr McKinnon became fascinated with hacking as a 17-year old watching the film War Games. He also acquired from his step father an interest in UFOs: UFO followers have taken up his case as a cause celebre.
The US Government sought his extradition in October 2004, alleging he had hacked into 97 US Government ocmputers between February 1, 2001, and March 19, 2002.
Lord Brown said that, having gained access to these computers, he deleted data from them, including “critical operating system files from nine computers, the deletion of which shut down the entire US Army’s Military District of Washington network of over 2,000 computers for 24 hours, significantly disrupting Governmental functions.”
He also disrupted 2,455 user accounts on a US Army computer that controlled access to an Army computer network, causing those computers to reboot and become “inoperable”, as well as logs from computers at US Naval Weapons Station Earle, one of which was used to monitor the identify, location, condition and battle readiness of navy shoips.
His “deletion of these files rendering the Base’s entire network of over 300 computers inoperable at a critical time immediately following September 11, 2001, and thereafter leaving the network vulnerable to other intruders,” Lord Brown said.
After a request to the UK for assistance by US authorities, his home computer was seized and he was twice interviewed under caution. He admitted responsibility - although not causing the damage - and stated that his ultimate goal was to “gain access to the US military classified information network,” Lord Brown said.
Plea-bargaining discussions followed between November 2002 and April 2003 in which US prosecutors indicated the likely outcome of any poea and sentence.
In September 2004, following his refusal of the “deal”, warrants were issued for his arrest and in October 2004 an extradition request made and certified by the Secretary of STate.
An arrest warrant was issued by Bow Street Magistrates’ Court and in June 2005 he was arrested. The extradition hearing began in July 200 and in July 2006 the Secretary of State informed Mr McKinnon he had made an order for extradition.
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