Gary McKinnon

[scotman]

Just heard on TV news that Alan Johnson has declined to allow G McKinnon's appeal against extradition to US of A on computer hacking charges.
I think this is the correct decision. What do you all think?

[jake-the-peg]

If we're being monosylabic penny

Why?

[sara3]

with a potential 60 year prison sentence...

[jake-the-peg]

Yes sara - computer crime is rightly taken very seriously indeed in the US.

That's no reason not to extradite him

[daffy654]

Still not the same thing.
He had no idea of the consequences of his actions jake. Until any of you have spent several years working,associating or living with someone who has Asperger Syndrome you have no idea of how sufferers brains and thought processes work. At least try reading up on the condition before making judgements.

[jake-the-peg]

I have daffy - one of the guys I work with here - In computer security has Aspergers - he's very good

He does not hack military computers

Again if there are mitigating circumstances let him present them in a US court

[daffy654]

There are varying degrees of Asperger Syndrome jake.

[jake-the-peg]

I know

None give you license to commit serious offences

I repeat for the third and last time

If there are mitigating circumstances like this they should be presented to an American court where the offense was comitted.

It is not a reason to stop extradition and the case being heard at all

[sara3]

I am involved with prosecution work for a government department.

I doubt very much that we would prosecute someone with Aspergers.

[daffy654]

The US doesn't exactly have a good track record of taking mental illness or disability into account in these cases. Many of their politicians have already stated that they wish to make an example of Gary McKinnon, and several have called for this to be a capital case with the death penalty if he is found found guilty. The 'crime' does not warrant either 60 years behind bars or execution!

[jake-the-peg]

You'd not prosecute a child molester who had Aspergers?

[Ankou]

the bulk of the evidence is located in the united states, the activity was directed against the military infrastructure of the united states, the investigation commenced in the united states and was ongoing, and there are a large number of witnesses, most of whom are located in the united states.

it makes sense to send him there.

[ChuckFickens]

What gets me about this, is that everything I have read about the case seems to indicate that he was simply logging into open remote desktop sessions on their computers.

Now although it doesn't make what he done right, it is similar to a bank leaving all their doors wide open and then being surprised when they get robbed.

This is hardly high level hacking, this is something a ten year old could have done, a lot of the blame must surely be on the system admins that allowed such a massive security hole in the first place!

[jake-the-peg]

I have to go now and help stop some more bad guys hacking computers.

But before I go - ask yourself this - would you still be supporting him and using his Aspergers as an excuse if it came out that they'd found a load of kiddie porn on his computer?

No? - then surely the real issue here is not his condition but your attitude to how serious his crime is

[jake-the-peg]

last thought - Chuck

That defense - as I'm sure you realise - is akin to saying car theft is not a crime if you've forgotten to lock your door

[ChuckFickens]

I do totally agree with you Jake, I know it's not a valid defense.

But you have to admit that it's nearly beyond belief that the US military had left unsecured RDP sessions open on computers that must have had open connections to the internet as well!

[Ankou]

would the reaction be the same if this was a british muslim ?

[sara3]

Jake, I work for a government department, not the police.

nice comparison by the way, well thought out.

[Gromit]

Best we can hope for, as I said, is that a behind the scenes deal is done, where he is prosecuted, but quickly repatriated back to these shores.

[daffy654]

My whole argument here is about his awareness that what he did was a criminal act and would have consequences. If it were the case that he had been found to have kiddy porn on his PC then my argument still stands if he was unaware that it was wrong to have those images.