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UK Hacker Loses Extradition Appeal 384

the4thdimension writes "A UK man, accused of breaking into US Pentagon and NASA computers in March 2001, lost an extradition appeal that would have freed him, or at least had him tried in the UK. While the US accuses him of causing over $900,000 in computer damage, his attorney asserts that, if extradited to the US, he faces harsh penalties that are "intolerable" and '...the British government declined to prosecute him to enable the U.S. government to make an example of him.' He intends to appeal to the European courts."
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UK Hacker Loses Extradition Appeal

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  • by betterunixthanunix ( 980855 ) on Wednesday July 30, 2008 @09:43AM (#24400679)
    Didn't he just use Microsoft's Remote Desktop to "hack into" those systems?
    • Re: (Score:2, Interesting)

      He claimed to be looking for ufo evidence on us govt machines. Part of his story is that he found a file called 'alien officers'
      err... they're not from the us. Doesn't mean they're from mars. he's an idiot who thought he was more leet than he was. Doesn't mean he should get life for it tho.

      • Does he face life? I don't think so.

        • Does he face life?

          60 or 70 years - close enough for a 42 year old!

      • Except he should have realized that Breaking in to someone else's computer is wrong. To show your /\/\ @ |) 5 |<| |_ |_ 5 you don't have to hack into someones computers. There are for more productive methods of being computer savvy.

    • Re: (Score:3, Funny)

      Didn't he just use Microsoft's Remote Desktop to "hack into" those systems?

      Obviously not. To cause $900k worth of damage, these systems must have been running really powerful software (read: something else).

      • by z0idberg ( 888892 ) on Wednesday July 30, 2008 @10:12AM (#24401147)
        IIRC the $900,000 wasnt due to actual damage he caused, it was the cost of "securing" these systems after they realised anyone with half a clue and an internet connection could compromise their machines. How they figure that is his fault rather than actually part of the cost of their network I'm not sure.
        • by blindd0t ( 855876 ) on Wednesday July 30, 2008 @10:28AM (#24401435)
          $900,000 makes it sound like he may have downloaded a song or two off one or more of the servers he 'hacked'. I'm being facetious, of course. ^_^
      • Re: (Score:3, Funny)

        As far as I can tell, the $900k comes from having to employ actual network administrators instead of a bunch of faeces-flinging monkeys.
    • by G0rAk ( 809217 ) <.jamie. .at. .practicaluseful.com.> on Wednesday July 30, 2008 @10:22AM (#24401319) Homepage

      Didn't he just use Microsoft's Remote Desktop to "hack into" those systems?

      Yes. He in fact exploited weak passwords - most commonly "administrator" and a blank password or a password of "password".

      More curiously he ran a netstat on the boxes he compromised and viewed connections from other crackers whose IPs addresses put them all over the middle east and China.

      This according to the BBC interview we previously discussed [slashdot.org].

    • Re: (Score:2, Redundant)

      by Candid88 ( 1292486 )

      He didn't so much "hack into" the Pentagon & NASA, more just walked in by using the default Windows password.

      The real criminals are the incompetent military heads who allow monkeys to be charge of I.T. security.

  • Ah the Uk (Score:5, Insightful)

    by Anonymous Coward on Wednesday July 30, 2008 @09:43AM (#24400685)

    The UK, acting like the US' fucking lapdog, again. If I were PM I'd be telling the US government where they can shove their 'special relationship' and their entirely one-sided extradition treaty. Then I'd tell them to put ACTA in the same place.

    So, whaddya reckon chaps? Think Anonymous Coward could succeed Gordon Brown?

    • Re:Ah the Uk (Score:5, Insightful)

      by $RANDOMLUSER ( 804576 ) on Wednesday July 30, 2008 @09:46AM (#24400737)
      Some of us here in the States are pretty fed up with the US throwing its weight around on the world stage, also.
    • Re: (Score:2, Funny)

      by amliebsch ( 724858 )
      But we've got to come down hard on people breaking in to Pentagon computers. Otherwise the WOPR is at risk!
    • The UK, acting like the US' fucking lapdog, again. If I were PM I'd be telling the US government where they can shove their 'special relationship' and their entirely one-sided extradition treaty.

      Oh please...cry that line to those Americans sitting in foreign prisons on drug or other charges.

      • Re: (Score:3, Interesting)

        by Thiez ( 1281866 )

        Since countries other than the UK and the US are irrelevant in this case, I assume you refer to prisons in the UK when you say 'foreign prisons'.

        So tell me, how many Americans are in prison in the UK for having drugs, and how long are their sentences compared to what they would have gotten in the US?

  • by neokushan ( 932374 ) on Wednesday July 30, 2008 @09:44AM (#24400699)

    I wonder what the going rate of a military-certified security expert is, these days...

  • one-way treaty (Score:5, Insightful)

    by cliffski ( 65094 ) on Wednesday July 30, 2008 @09:44AM (#24400703) Homepage

    For me the big story is the one-sided nature of this treaty. We regularly extradite suspects to the USA, yet the USA refuses to do the same for people living in the USA wanted for crimes in the UK.
    That's just insane, and our government are spineless scum for agreeing to it.

    • Re:one-way treaty (Score:5, Insightful)

      by Frosty Piss ( 770223 ) on Wednesday July 30, 2008 @09:48AM (#24400781)
      That's because the UK is our bitch. Come on now, you know it's true.
      • Re:one-way treaty (Score:5, Insightful)

        by pzs ( 857406 ) on Wednesday July 30, 2008 @10:22AM (#24401325)

        Luckily, the policy positions of the UK government do not entirely represent the UK, otherwise I'd completely agree with you.

        Outside of the spineless lap-dogs in the government, we still have art, music, comedy and other culture that is very much independent of the United States (although, of course, influenced by US culture) and still worth something.

        I may not be very proud of my government but I am (occasionally) proud of the citizens of the UK.

    • Re: (Score:3, Informative)

      Doesn't the UK refuse to extradite suspects who would face the death penalty in the US? (Also, usually our most high profile cases)

      The numbers may not add up, but if our government can do as it pleases based on popular opinion, any refusal to hand over death row candidates becomes high profile and public opinion turns against the Commie Europeans. Having to dumb down charges just to get the suspects (i.e. take the death penalty off the table) presses some hot buttons. Worse it creates an environment where t

    • We don't normally extradite people to countries where they would face unreasonable punishment anyway, but apparently the US is an exception. This guy is facing being treated as a terrorist (is anyone the government dislikes not a terrorist these days?) and thus getting up to 60 years in maximum security if found guilty on all counts, not to mention the off-hand quips by US authorities about "frying" him. However, if plays nice and owns up to all the stuff he says he didn't do but they claim he did, he gets

      • Re:one-way treaty (Score:5, Interesting)

        by SimonGhent ( 57578 ) on Wednesday July 30, 2008 @10:30AM (#24401505)

        However, if plays nice and owns up to all the stuff he says he didn't do but they claim he did

        Not quite true.

        From http://www.guardian.co.uk/theguardian/2005/jul/09/weekend7.weekend2 [guardian.co.uk]:

        Gary was kept in a police station overnight. Then the Americans offered him a deal, via his British solicitor. "They said, 'If you incur the cost of the whole extradition process, be a good boy, come over here, we'll give you three or four years, rather than the whole sentence.' I said, 'OK, give me that in writing.' They said, 'Oh no, we can't do that.' So they were offering a secret trial, no right of appeal on the outcome, no comment to the newspapers, and nothing in writing. My solicitor, doing her job, advised me to take it, and when I said no, she was very, 'Ooh, they're going to come down heavy.'"

        Also, from http://www.guardian.co.uk/world/2008/jul/27/internationalcrime.hacking [guardian.co.uk]...

        In a further twist, it has emerged that a crucial file containing details of the early meetings with the US prosecutors, at which the offers were apparently made, has gone missing from the office of McKinnon's solicitor. A laptop holding details of the same meetings was stolen from the car of one of his barristers.

    • Re: (Score:2, Interesting)

      Does this happen often? We don't really hear about it over here. Are there many criminals in the US that the UK wishes to have extradited?

      I was always under the assumption that the people of the United States don't commit crimes worthy of extradition ;).
      • Re: (Score:3, Interesting)

        by MagdJTK ( 1275470 )

        Friendly fire cases [wikipedia.org] have recently caused a lot of controversy here in the UK. Americans have killed Britons in clearly marked convoys and the US refused to extradite or even court marshal them. In one case the coroner's report was actively impeded and a video from one of the US jets was only released when The Sun leaked it.

    • by LWATCDR ( 28044 )

      When has that happened?
      Just when has the US refused to extradite a suspect to the UK say in the last ten years?
      Just wondering if you have any news stores or documentation about it?
      I have no problem with the US extraditing criminals back the the UK unless they are serving time in the US for some crime. Then you guys can have them when we are done.

    • Re: (Score:3, Informative)

      by Candid88 ( 1292486 )

      "We regularly extradite suspects to the USA, yet the USA refuses to do the same for people living in the USA wanted for crimes in the UK."

      There have been several people extradited both ways, very few are controversial.

      I remember there was an absolutely despicable incident where the US military refused to allow a soldier to attend a British coroner's investigation about a British soldier killed in a friendly fire incident.

      That incident was a complete disgrace and has undoubtedly strained US-UK relations pure

    • by Nicolas MONNET ( 4727 ) <nicoaltiva@gm a i l.com> on Wednesday July 30, 2008 @11:27AM (#24402565) Journal

      Rachid Ramda [wikipedia.org] was responsible for the series of terrorist attacks in France around 1995. Yet it took 10 fscking years to get him extradited over the channel. This guy is responsible for the death of dozens of people! And he wasn't even a subject of Her Majesty.
      But when the Bush admin snaps its fingers, lapdog Brown's government is ready to comply.
      So yeah, the UK is the US's bitch.

  • by serviscope_minor ( 664417 ) on Wednesday July 30, 2008 @09:44AM (#24400709) Journal

    Hopefully the EU court will have something else to say about this. But anyway, thanks, Blair + new labour for completely fucking up a country.

    • You really should be blaming the people that elected them into office, much like how the American people get regularly blamed for electing Bush.

      • Re: (Score:2, Informative)

        by abigsmurf ( 919188 )
        more people voted conservative than Labour at the last general election. However thanks to the boundries of each region being adjusted to favour Labour (by Labour) and our first past the post system Labour stayed in power with a majority.

        It says something about how shit our country has become that more liberal young people want to vote for the 'right leaning' party. That said they're also voting Lib Dems but no one ever expects them to get into power (although I'd be happy with a freakish conservative/li
        • by UdoKeir ( 239957 ) on Wednesday July 30, 2008 @10:15AM (#24401199)
          more people voted conservative than Labour at the last general election

          The facts would indicate otherwise (from here [wikipedia.org]):
          Labour 9,562,122
          Conservative 8,772,598
        • Re: (Score:3, Insightful)

          more people voted conservative than Labour at the last general election. However thanks to the boundries of each region being adjusted to favour Labour (by Labour) and our first past the post system Labour stayed in power with a majority.

          You are mistaken. I believe Labour got the larger minority by 2 points.

          It says something about how shit our country has become that more liberal young people want to vote for the 'right leaning' party. That said they're also voting Lib Dems but no one ever expects them to g

      • You really should be blaming the people that elected them into office, much like how the American people get regularly blamed for electing Bush.

        What like 37%?

        Of the people that voted it was something like 25% voted for Lib Dem, 35% for The Tories, and 37% for Labour. Yet the broken voting system gave them a big majority. No real blame lies with the voters on this one. Despite labours poor record, this is the kind of proportion in the House of Commons which would have made a decent government.

        • by UdoKeir ( 239957 )

          Then change the system.

          Of course the only way to achieve that is to vote Lib Dem. Labour and the Tories are quite happy with the current system as it favours them.

        • by vidarh ( 309115 )
          Which is why, regardless of who you support, voting for the Lib Dem's is the only decent thing to do. They're the only ones of the three large parties that wants to change the electoral system to proportional voting, which would be a far more democratic solution than the current system.

          I'm personally far to the left of the Lib Dem's, but that cause alone is reason enough to support them until that change has gone through.

  • by elrous0 ( 869638 ) * on Wednesday July 30, 2008 @09:46AM (#24400729)

    The "intolerable" argument seems like a stretch to me (to say the least). The guy isn't facing the death penalty and U.S. prisons (especially the minimum security ones, where this guy will probably end up) are at least as good as UK ones.

    The guy's lawyers are acting like we're going to flog him and throw him in a dungeon or something.

    • by betterunixthanunix ( 980855 ) on Wednesday July 30, 2008 @09:48AM (#24400773)
      "The guy's lawyers are acting like we're going to flog him and throw him in a dungeon or something."

      He gained unauthorized access to defense department computers in the months following the September 11 attacks, and he is not a US citizen. Where did we toss other people who pissed off the DoD? He has a semi-legitimate reason to be afraid.
      • by sunking2 ( 521698 ) on Wednesday July 30, 2008 @09:56AM (#24400907)
        Guess he should have thought about that a little earlier. People are responsible for their own actions. What did he think would happen? Nobody's fault but his own that he didn't think things through well enough.
        • Re: (Score:3, Insightful)

          by Teun ( 17872 )
          The man is a British subject acting in and from Britain, he should expect to be tried according to British law on British soil.

          I know there is a reciprocal (but generally considered limp sided) extradition treaty between the US and Britain but we are still talking about 'crimes' committed under British jurisdiction.

          And let's not forget there is a huge difference in appreciation of human rights between Western Europe and the US.

      • by elrous0 ( 869638 ) *
        Silly rabbit, Guantanamo is for brown people.
    • by darien ( 180561 ) <darien @ g m a i l . com> on Wednesday July 30, 2008 @09:52AM (#24400855)

      The linked story doesn't mention it, but he says he was told by US government officials that if he didn't plead guilty and agree to be extradited, he could be facing sixty years in prison.

    • Re: (Score:3, Insightful)

      by Cauchy ( 61097 )
      What a $#&%ing whiner. He did the crime. "I was just looking for evidence of an alien conspiracy." He was man enough (or stupid enough) to do the crime, he should be man enough to face up to the consequences. He is like 40 years old or something. He isn't some teenager, wanking off in his parents basement. He did wrong, but he doesn't want to accept the consequences of his actions.
      • "Consequences" (Score:4, Insightful)

        by Nicolas MONNET ( 4727 ) <nicoaltiva@gm a i l.com> on Wednesday July 30, 2008 @10:49AM (#24401859) Journal

        So he was violating US laws, but he wasn't there.

        Guess what, I'm routinely violating Saudi laws -- I tend to enjoy a glass of red wine with my pork chops. Should I be deported?

        The problem here is that the Tony Blair government sold out their countrymen, AKA "subjects", to the Bush gang.

        • Re:"Consequences" (Score:4, Insightful)

          by gnick ( 1211984 ) on Wednesday July 30, 2008 @11:36AM (#24402705) Homepage

          So he was violating US laws, but he wasn't there.

          Guess what, I'm routinely violating Saudi laws -- I tend to enjoy a glass of red wine with my pork chops. Should I be deported?

          No. But you're really twisting the details there. If you want a glass of red wine, have one. If you want to travel a little and smoke some reefer in a legal hash bar, smoke some. But, if you mail reefer to the US or ship wine to Saudi, prepare to face the consequences. Even though you're not in the country where you're breaking the law, your actions crossed the line. He may have been in the UK at the time, but he was breaking the law in the US. [For the record, laws banning alcohol/pot bug the hell out of me, but that's beside the point.]

          Sure it was a trivial effort to breach those systems. Sure the damages are grossly inflated. But that doesn't imply a green light for somebody to sit in the UK and break laws all over the world hoping that they won't have to pay the piper.

    • by Anonymous Coward on Wednesday July 30, 2008 @10:22AM (#24401331)

      compared to the sentences handed down by British courts, you are.

      Nobody gets 97 years in the UK. Beside the obvious point that a person would die in jail before reaching 97 years, the number of people in the UK on a prison sentence designed to ensure that they spent the rest of their natural life in jail is (iirc) about 35. You have to have done something unbelievably sick to warrant such a sentence (see here [wikipedia.org]). Where there's talk of treating him as a terrorist if he doesn't plead guilty (wtf?) and giving him a sentence stratospherically higher than he'd ever be likely to get in a British court sounds 'intolerable' to me.

    • Hacking highly classified government systems to learn the secrets of the USA? Trying to instill fear in the hearts of the populace, that people in other countries, hiding amongst their allies, are doing this sort of thing?

      Sounds like terrorism to me. Ship him to Gitmo.

      ^What an outsider might think is going to happen to this guy, as these are the sorts of thinking patterns that seem plausible.

    • Re: (Score:3, Informative)

      by SimonGhent ( 57578 )

      The "intolerable" argument seems like a stretch to me (to say the least). The guy isn't facing the death penalty and U.S. prisons (especially the minimum security ones, where this guy will probably end up) are at least as good as UK ones.

      I think not, for someone accused of (amongst other things) obtaining secrets that might have been "useful to an enemy", "causing the US military district of Washington became inoperable" and specifying that it "occurred immediately after 9/11", I don't think he'll have it e

  • Duh (Score:5, Interesting)

    by Wiarumas ( 919682 ) on Wednesday July 30, 2008 @09:47AM (#24400767)
    From TFA: "Prosecutors allege that McKinnon hacked into than 90 computer systems belonging to the U.S. Army, Navy, Air Force, Department of Defense and NASA between February 2001 and March 2002, causing $900,000 worth of damage.

    McKinnon has acknowledged accessing the computers, but he disputes the reported damage and said he did it because he wanted to find evidence that America was concealing the existence of aliens.
    "

    Duh. The only reason this topic may recieve negative attention is because its the United States. Truth be told, that if this was ANY country, the same thing would have happened. What did he expect? We are talking about highly classified stuff. He may have not caused as much as the claimed damage, but he DID access them. In some countries, he would be executed...
    • Re:Duh (Score:5, Insightful)

      by $RANDOMLUSER ( 804576 ) on Wednesday July 30, 2008 @09:52AM (#24400843)
      I think the sysadmins who set up a "secure military system" that could be breached by an amateur on the internet should be executed.
      • Or at least never allowed to work in a security capacity again.

      • Re: (Score:2, Insightful)

        I think the sysadmins who set up a "secure military system" that could be breached by an amateur on the internet should be executed.

        If they even had been setup by 'real' sysadmins. Too often companies and governments try to save money by skimping on 'non-necessary personnel' such as an IT staff.

    • Re:Duh (Score:5, Insightful)

      by GauteL ( 29207 ) on Wednesday July 30, 2008 @09:53AM (#24400861)

      "Duh. The only reason this topic may recieve negative attention is because its the United States"

      No, the reason is that the UK extradites its own citizens to a foreign country for crimes commited in the UK, when it can't be completely sure of its citizen being given a fair trial.

      As it stands he is a foreigner in the US in a harsh political climate which makes it quite likely he could get convicted a terrorist even if he is just a "good old" computer criminal. At the very least he will feel forced to plea bargain for a very bad deal.

      The extradition treaty is also completely one-sided, in that the US does not need to extradite its own citizens to the UK. The deal is shameful.

      • Re: (Score:2, Insightful)

        by Wiarumas ( 919682 )
        And you think UK citizens will give him a fair trial? He accessed American computers/property that had American data on them that were all paid for by the American taxpayers. Please, if you can tell me how any UK citizens are affected by compromised American systems, feel free to share.

        I'm not a crazy right wing conservative, but I would feel safer if those who hack into my government computers would at least get more than a smack on the wrist. And yeah, I hope he doesn't get a terrorist-type punishme
      • Is he charged as a terrorist? No.
        Therefore he can not be convicted as a terrorist.

        Now stop being a dumbass.

      • makes it quite likely he could get convicted a terrorist even if he is just a "good old" computer criminal

        You are just regurgitating unsustantiated claims from McKinnon's lawyers which were rejected multiple times by the British courts. There is no actual credible evidence that McKinnon would be treated as a terrorist, or that he faces prison time of 70 years. The actual indictment he is being extradited on carries a 5-year max sentence.

        Here is some background:

        British National Charged with Hacking Into N.J.

    • by tinkerghost ( 944862 ) on Wednesday July 30, 2008 @10:28AM (#24401445) Homepage

      IIRC, most of the 'secure' systems he accessed were FTP servers set to allow anonymous access & default access w/ 'password'. The damage he did was to the ego of the military - it's OK to point out the Emperor has no clothes, but be darned sure that the general can't hear you when you comment on his missing pants. After all, he's the one with the guns.

      In general, he's willing to be tried as a hacker, but the US govt is waving the terrorist flag around & that's a charge he's not willing to face. Also, the damage claim is fairly ridiculous, these were unsecured servers - anything on them was long ago compromised. Charging him for the price of cleanup that would have had to be done if a new admin had pointed out that someone had set the FTP server to anonymous is stupid.

  • Aliens as a defense? Why didn't I think of that?
  • "...he British government declined to prosecute him to enable the U.S. government to make an example of him." He intends to appeal to the European courts..."

    My hope is that this gentleman wins. If he loses, he might be looking at several years of being treated like those folks at GITMO! And that's not something to look forward to.

    If he loses in the courts, he should use the "free" education resources in the penitentiary to get more [useful] knowledge in both the computer world and matters of freedom and the law. That way, he will come out of the prison a very changed and useful man to the community.

    • Re: (Score:3, Interesting)

      by Zordak ( 123132 )

      My hope is that this gentleman wins. If he loses, he might be looking at several years of being treated like those folks at GITMO! And that's not something to look forward to.

      I see you were going for the karma boost with the U.S. bashing, but looks like it didn't pay off this time. Please try again later.

      And Gitmo? Seriously? If you're going to be a U.S. hater, at least say something credible. There is some legitimate debate to be had about whether it's fair to detain enemies captured on fields of battle in a place like Gitmo without due process, but that is wholly irrelevant to somebody who is going to be extradited according to treaty and tried in the courts with all of th

  • Interview (Score:5, Informative)

    by SimonGhent ( 57578 ) on Wednesday July 30, 2008 @10:21AM (#24401315)

    There's a rather good interview with Gary McKinnon [guardian.co.uk] on the Guardian's web site from earlier this month.

    Provides quite an insight into what he did, why he says he did it and his mental state.

    Wonder if he was a /. poster. Wouldn't surprise me.

  • This may bit just a bit offtopic, but what gets me is how he is being threatened with 60 years in prison. Yes what he did was illegal. Yes the charges are trumped up, as are the recovery "costs". But 60 years?!? Fsk, I personally know some lawyers that have gotten rapists down to 3 years in a minimum security facility. I dont even know where to start about how idiotic our justice system is, and the sad thing is that everyone knows it but doesnt want to do anything about it. /end rant
  • Slippery Slope (Score:4, Insightful)

    by Ukab the Great ( 87152 ) on Wednesday July 30, 2008 @10:57AM (#24401987)

    In some foreign countries, using the Internet to say something less than flattering about their religious figures or their government is considered to be an Internet crime.

    If the practice of extradition for Internet crimes is allowed to continue, what safeguards will there be in place stop citizens of free countries who practice free expression on their side of the ocean from being extradited to places where they'll get their heads cut off or be sent to gulags?

  • by Kidro ( 1283296 ) on Wednesday July 30, 2008 @01:44PM (#24405137)
    Read the story on CNN.com and was floored by the last sentence.

    "He was caught in 2002 after some of the software used in the attacks was traced back to his girlfriend's e-mail account." (emphasis added)

    A "hacker" with a girlfriend?! Damn, if he only used the argument that he had a girlfriend and therefore couldn't be a hacker, he might be done with this whole mess already.

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