NASA Hacker Wins Right to Extradition Hearing 217
E5Rebel writes "Gary McKinnon, the UK-based ex-systems administrator accused of conducting the biggest military hack of all time, has won the right to have his case against extradition to the U.S. heard by the House of Lords."
Big hair b-rock bands (Score:4, Funny)
Plea bargain (Score:5, Informative)
Re:Plea bargain (Score:5, Insightful)
Except, is that legal in the UK?
I mean, yea, yeah, he's being tried in the US. But don't his rights as a UK citizen apply as well?
Rights? (Score:4, Interesting)
or can anybody defend moral relativism and still support Universal Human Rights? I'd be interested to hear the argument, to say the least.
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I'm European and while visiting the US, I made a joke that went way over someones head. That person said that I couldn't say that, and I replied that the US had free speech... That person then replied that as a foreigner I had no rights in the US.
Now, that person may have been joking, but it most certainly didn't look that way when she said that.... The scary thing is that right now, I'm pretty sure that is entirely true.
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That person then replied that as a foreigner I had no rights in the US.
That might technically be true (e.g. I don't know if you could be prevented from buying firearms solely because you aren't a U.S. citizen), but you still can't be (legitimately) arrested for something that isn't illegal. Even if you technically don't have constitutional rights, I don't think that any law enforcement would try anything for fear of a massive international uproar. Unless they can find a way to label you as a terrorist, of course. Then all bets are off.
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I don't think that any law enforcement would try anything for fear of a massive international uproar.
As if international uproar would stop the US in anything? Frankly?
Unless they can find a way to label you as a terrorist, of course. Then all bets are off.
You already gave the answer yourself. All bets are off, once there is a loophole within the system. Basic human rights can't be granted anymore... Human rights, are these silly rights I should have inherently...
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http://en.wikipedia.org/wiki/United_States_Constit ution [wikipedia.org]
That person was very wrong. The 14th amendment states that they have to apply equal protection to any person, it does not specify they have to be a citizen.
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Frankly, I knew that that person was wrong (Just on common sense, because whatever I think of the US now, I have great respect for the brilliant minds behind the US Constitution). Alas I'm not the person that will lecture someone over their own Constitution, because it could bring me in bigger trouble than I already was. The real problem is that many Americans actually think that foreigners have no rights on their soil. This ignorance is extremely dangerous.
Worst is, this was a College educated woman...
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No. The UDHR is is a non-binding resolution of the UN. It was intended that the various governments around the world import its tenets into their own laws, but, so far as I know, the USA has always just muddled along with its own Bill of Rights.
Which, it should be noted, apply theoretically to everyone, everywhere. Though there are holes - even a US Citizen does not have a Right to buy a firearm outside
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While I do not condone what Mr. McKinnon did, there are laws i
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That's why there are treaties and agreements between countries. The declaration of Human Rights is a treaty signed by various UN members. usually the national parliament is responsible to "apply" the treaty into the national laws.
For Europe: There is also a European declaration of Human Rights signed by European council members.
For the UN I don't know if you can defend your rights in a international justice court. But for the later, I do know that an European Court can protect your rights against national j
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You insensitive clod!
You speak of universal rights, but don't even see the bigotry in narrowing rights abuses concerns to humans.
Other life forms and machines have feelings too.
Since there is much debate as to whether lawyers are a form of anti-matter or merely another type of subhuman, there is reason to question their being suitable to mediate this. If this guy has been probing around in machines in a bad way, maybe the machines should be the ones to find
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Local rights and laws apply only in the locality.
It has nothing to do with people living in one country versus another. It has to do with your physical location at the present moment.
If you're in the US, you have to follow US laws and are protected by US rights, regardless of your nationality.
If you're in Egypt, you have to follow Egyptian laws and are prote
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I still maintain that its the height of hypocrisy to enforce Human rights in countries that don't agree on them ( China, North Korea, many arab states, Isreal,ect), if we do not hold that they transcend the laws of man.
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Considering that McKinnon actually committed his crimes in the UK I don't see any reason why he should be extradited to America, charge him and try him here by all means but tell the Yanks to butt out.
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Its definately not illegal.
Re:Plea bargain (Score:5, Informative)
(1) A person is guilty of compounding a crime when:
(a) He solicits, accepts or agrees to accept any benefit upon an agreement or
understanding that he will refrain from initiating a prosecution for a crime; or
(b) He confers, offers, or agrees to confer any benefit upon another person upon
agreement or understanding that such other person will refrain from initiating
a prosecution for a crime.
(2) In any prosecution under this section, it is a defense that the benefit did not exceed
an amount which the defendant reasonably believed to be due as restitution or
indemnification for harm caused by the offense.
(3) Compounding a crime is a Class A misdemeanor.
Most the time the deals made in the US are of the "plead guilty" variety, not the "talk and we won't prosecute" variety, so this particular law wouldn't apply, but you get the idea.
This is Informative (Score:2)
Re:Plea bargain (Score:5, Interesting)
Immunity from prosecution in return for testimony comes closer, of course, but in that case, the benefit is to the public, not to the prosecutor personally.
Re:Plea bargain (Score:5, Insightful)
It should be difficult to put a citizen in jail and impossible to seek state sponsored revenge through executions, but to an outsider (like me) it sometimes appears to be a dutch auction where they start at "life or death" and work down until the guy in the orange suit cracks. Not trying to be offensive here but do prosecuters in the US get a "job rating" based on some measure of "success"?
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As far as plea bargaining goes, you're right in part; it does work like a dutch auction. How else would you expect it to go?
Remember, though, that unless the defendant is stupid enough to do without counsel, there's a lawyer present during negotiations to protect his interests and get him the best deal possible. It's not always a case of somebody cracking, often the lawyer doesn't expect to wi
Plea Bargains and Torture (Score:3, Interesting)
Now, we make the series of laws increasing complex, so anyone can be convicted of 5-10 things, each carrying 1+ year as a sentence. Net effect, if the cops think that they have evidence that you committed a petty crime
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This would be true if the sentences were to be served consecutively, but that almost never happens in the Real World. Multiple sentences are normally served concurrently, so that if you're found guilty of 25 different crimes, each with a 2 year term, you serve 2 years.
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Basically, I says that If you commit a crime to cover a crime up, which is what Paying you to keep your mouth shut about me being around those two dead bodies would be. But now you are part of a compound crime and could suffer more of a penalty then if you just took a bribe.
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(Australian joke)
Re:Plea bargain (Score:5, Interesting)
Except that the rest of the world regards it as a loathsome practice designed to get someone in jail for something, even when there is a lack of conclusive evidence against them. It is getting criminal convictions through coercion rather than evidence.
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Sure there are probably cases when a defendant is "forced" into a plea agreement for something they were innocent of, but that would be a very small minority (no system is perfect).
But any competant lawyer should have enough sense to not let their client get thrown under the
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Then the rest of the world isn't very bright (Score:3, Interesting)
Explain to me why that is "loathsome" as it's an additional choice, that is in no way mandatory, and deviates from "the rest of the world" by giving more options for a satisfactory resolution, not less.
Explain to me what is "loathsome" about having the totally voluntary option of avoiding a serious s
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Yep, ask Kevin Mitnick. Four and a half year in prison with no trial and no bail hearing. He only got out because he plead guilty. Welcome to the land of the free.
question.... (Score:5, Insightful)
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Re:question.... (Score:5, Insightful)
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The security seems to have been so bad they have no idea how many other people have been poking around in their systems. It sounds like a security review was needed anyway.
OK, the victim of a crime shouldn't be considered to be responsible for a crime just for no
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I hope you aren't one of those people who have seen the stocks, the unemployment and everything else we gage the economy by defy the entire it's crap argument and produce better numbers then the Clinton administration so you look at the exchange rate to justify how bad the US is doing are you? I mean, Because it sounds like someone is lying to you again.
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Now, as for it being close to vandalizing a government park or building. You have to remember that along with the fine, you will have to pay restitution for the damages you caused. This makes that number in line with what your thinking.
Now, I would think that if he was
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Wow, you're just spectacularly uninformed, or trolling like mad. Either way, please get smarter and also stop lying.
Gitmo? This guy is NOT a non-uniformed combatant attacking US troops or s
Figured out RIAA-style (Score:4, Funny)
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a loon who was still employable as a system administrator hacks into a military network. inevitably triggering a very expensive audit and perhaps a rebuild of the net.
Re:question.... (Score:4, Insightful)
And less prone to actually losing your budget. I have direct experience of a previous employer, where we were requesting a network kit upgrade for 5 years, and each year, it got dropped from the budget, because 'well, it seems OK'. We spent that long rebooting switches, and almost daily 'firefighting' to keep the rising tide away from our sandcastle.
And then one day, it all fell over, in a critical fashion. The usual recriminations vanished very quickly when we pulled out the 5 years of budget paperwork.
So, lets just imagine, that the SA there _knows_ security needs work. But as with all such things, it takes time and a serious effort to get a 'proper' secure system setup. I mean, you can't just turn off telnet on a few servers, and hope that's ok :).
And they get hacked. And it goes public. As said sysadmin, wouldn't you then take the opportuntity to implement that idea you've had for ages, to tighten up security, and make everything a little bit better, only this time you have managers practically forcing you to do what you wanted to do all along. Better yet, you can spend loads of moolah with impuginty, and pull it out of the 'emergency response' budget, and proceed to wave the 'ooh hacker' flag when anyone questions you over it.
Tit for tat (Score:4, Insightful)
Ergo, he represents absolutely ZERO threat to the security of any group (unless of course you guys actually DO have those UFOs hidden
So basically he's being punished because he embarrased a US institution that should know better about computer security.
Secondly, we here in the UK are in a bit of pickle and wish this would go away. See, some crazy Russian murdered another Russian spy in London with some nasty radioactive poison. Pretty serious right? But if we want him to stand trial and be extradited from Russia then we'd have to give them an equally unpleasant mafia boss who is hiding in London that Putin wants. Stalemate. Both countries are hiding behind the skirt of "We don't extradite people to countries where they would face danger or unfair trial"
Problem: The USA is a country that tortures prisoners and disappears people to secret prisons and we know this because the UN has condemned it as a human rights abuser. We have a serious crediblity problem if this guy goes to the USA.
I see a deal.
Let's say, we give this dangerous hacker to the USA and they promise he'll get a fair trial In return and we'll take George W Bush for the multiple war crimes he's indited with to the International Crimial Court at the Haugue (and promise he will get a fair trial) and let's call it quits huh?
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So basically he's being punished because he embarrased a US institution that should know better about computer security.
You're wrong on this point. He's facing legal action because that's how the law works. He was caught during a time when NASA's practical concept of information security had more to do with handing over evidence to the FBI so they can go after the person than taking the technical steps required to make yourself a difficult target. Now he's facing down the slow grind of the law and trying every possible thing he can to avoid the crunch.
And while you or I might be embarrassed if we were a NASA official, I
Redux (Score:2)
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So basically he's being punished because he embarrased a US institution that should know better about computer security.
You have got to be joking! He has only embarrassed himself, and now the joke is on him. Read this interview [bbc.co.uk]:
Re:Tit for tat (Score:5, Insightful)
* During a hacking escapade he chatted to an engineer who "saw" him, via WordPad
* His connection was so slow he wrote a clever program that "turned the colour down to 4bit colour and the screen resolution really, really low, and even then the picture was still juddering". Juddering ?! What kind of display was he using, a slide projector ?
* He couldn't save any of the pictures he downloaded but despite the "juddering" low resolution "It was a picture of something
that definitely wasn't man-made" and what with the slow connection, when he got cut off "I saw the guy's hand move across."
C'mon, this guy is an utter joke, none of the above is plausible. If any of these claims were anywhere near true then he is a script kiddy at best. Mentally unstable more like.
As for the fourth item, I don't know why he didn't think to take a screenshot of his VNC window; That would have given him something to save. And I don't know what he was referring to by some guy's hand moving.
All in all, it sounds like he used a botnet to find a PC running unprotected VNC, and connected to it with compression turned way up, and color depth turned way down. At some point, some poor guy noticed his computer acting up on his own, and chatted with the cracker by opening up a text editor and taking turns typing. All of this is very plausible.
Re:Tit for tat (Score:4, Interesting)
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Re:Tit for tat (Score:4, Funny)
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http://hrw.org/english/docs/2006/05/19/usdom13418. htm [hrw.org]
Reality is not what Bush preaches from his pulpit.
I assume that now you or someone else will post a large list of countries that have worse records?
Fine. But none of those are taking a holier-than-thou approach for excuses of invading other countries, are they?
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to quote: George W Bush for the multiple war crimes he's indited with to the International Crimial Court at the Haugue
the response asked for a single source for an indictment of George Bush. you have also fai
Don't you mean "Cracker" (Score:2, Insightful)
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We're apparently not even nerdy enough to properly capitalize NASA in the story headline.
Be that as it may, I think I should be able to mod you down as "Bitching About Use of 'Hacker'". Give it up already.
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I just call the guy an "Asshole". Makes everything so much easier.
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The original usage of "hacker" (circa late 1970s) was someone who was *unskilled* at programming. Hacking at a program meant making random changes with little understanding of the problem until something approaching the correct answer appeared (usually a futile approach).
Cheers,
Dave
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I did some unrealscript coding recently where the function calls to correct a b
Lol. (Score:3, Informative)
Still, usually a good laugh to be found
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Wins Right? (Score:2, Informative)
Don't worry. (Score:5, Funny)
(...and if not, we'll just grab him and stash him someplace, forever.)
The Law Lords (Score:5, Informative)
Re:The Law Lords (Score:5, Funny)
So where do the time lords fit into that hierarchy?
Re:The Law Lords (Score:5, Funny)
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I don't think it's a question of where, rather - WHEN.
(cue Dr. Who theme)
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Plea Bargain (Score:5, Insightful)
So the US basically said accept our plea or end up in prison for life. I think thats where the human rights issue also comes in.
One of the biggest problems with US law is the plea bargain system, thats why the laws are so horrible, it makes people want to bargain instead of going to court. Its not to punish people, its to keep everyone out of jury trials.
Hell, if everyone went to a trial for everything, could you imagine the crippling effect it would have on the courts? Everyone citizen would have to pull multiple jury trails to keep up with it.
Be careful about one size fits all solutions (Score:2)
The problem is in application and accountability and a citizenry that's mostly asleep at the wheel, not in the existence of plea bargaining per se.
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I'm sorry, what do middle aged white suburbanites have to do with corporations?
Whatcha find ? (Score:2)
Let us in & we'll make sure you stay here, type stuff.
extradition (Score:2, Interesting)
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Poodle (Score:4, Insightful)
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Yes, they do. Now sit down and shut the fuck up.
Hyperbole Hack (Score:2)
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biggest military hack of all time (Score:2)
"The Americans have a secret spaceship?" I ask.
"That's what this trickle of evidence has
Sklyarov (Score:2)
Re:aliens are for real (Score:5, Funny)
Secretary (undercover alien working for the CIA): Would either of you care for more coffee?
Agent Wolf: You didn't fertilize it with alien mind control spores, did you?
Secretary: For the last time, agent Wolf, I AM NOT AN ALIEN.
Agent Wolf: YOU HAVE A TAIL!!!
Their boss: Agent Wolf, that's enough! Or do you want to be sent to sensitivity training again?
Agent Wolf: No, sir.
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"I'm not an alien! Sure I'll ram my ovipositor down your throat, and lay my eggs in your chest, but I'm not an alien!"
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Which is indeed an interesting (if, these days, rather quaint) read. But: his honeypot was plausible(-ish) stuff. The twit from the UK, in this case, already had himself convinced - having watched too many episodes of The X-Files - that all sorts of mysterious alien technology was being hidden by NASA, and so every context-less snippet of anything he saw just propped up his delusion. That, or instead of being delusional, he's just a particularl
Re:aliens are for real (Score:5, Insightful)
I think, generally speaking, when you have a vast impoverished region, it has more to do with horribly corrupt governments, and not so much to do with having "like 30 children". From what I understand, families in highly impoverished areas with high mortality rates do tend to have a lot of children, with the hope that some of them will actually survive, and maybe even prosper, but I would suggest that's more an effect of poverty rather than a cause of it. The reason that average American doesn't have tons of children isn't because we're smarter than the rest of the world, it's because all of our children have a reasonably good chance at survival, and a good chance at a comfortable life. Their chances at success are made better if we only have a few children, so we can afford to pay for their education, but in a region like Darfur, having just 2 children and hoping for the best probably means none of your children will make it to adulthood...
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Industrialized countries all used to have similarly have high birthrates until life expectancy started increasing as better hygiene and medicine made an impact together with improved food availability, and particularly as infant mortality dropped.
However, birth rates in most sub-Saharan countries have now finally started falling, coinciding with growing urbanization, and steadily dropping infant mortality. In fact, in
Re:aliens are for real (Score:5, Funny)
Sorry. Couldn't resist