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Antaletriangle · 02-26-2009, 10:44 PM

http://www.vnunet.com/computing/news...dealt-blow-cps
Gary McKinnon dealt new blow by CPS
British hacker turned down for UK trial under Computer Misuse Act

Written by Phil Muncaster

Computing, 26 Feb 2009

British hacker Gary McKinnon's hopes of being tried in the UK were dealt a massive blow today, after the Crown Prosecution Service (CPS) announced it would not bring charges against him.

The move leaves the way open for McKinnon to be extradited to the US, where he could face 70 years in jail for illegally hacking into Pentagon, US military and Nasa systems.

McKinnon supporters had hoped CPS chief Keir Starmer would authorise a trial in the UK under the Computer Misuse Act.

But in a statement today, Alison Saunders, head of the CPS Organised Crime Division said: "Although there is sufficient evidence to prosecute Mr McKinnon for these offences, the evidence we have does not come near to reflecting the criminality that is alleged by the American authorities."

She said that although his hacking attempts were conducted from the UK, " the target and the damage were transatlantic".

The McKinnon camp will now be pinning their hopes on a final High Court judicial review of the home secretary's decision to allow the extradition, which is expected next month.

They have argued that McKinnon, who has Asperger's Syndrome, was merely looking for evidence of UFOs and did not intend to cause the widespread damage of which he is accused.

He has since won support from both London mayor Boris Johnson and, more recently, Lord Carlile, the government's independent reviewer of terrorism laws.

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http://www.guardian.co.uk/uk/2009/fe...faces-us-trial
UK hacker faces US trial for breaking into defence department system• Man with asperger's loses bid to be prosecuted in UK
• Mother accuses British government of lacking humanity

The British computer hacker Gary McKinnon today lost his attempt to be tried for computer offences in the UK and now faces the imminent prospect of extradition to the US. The Crown Prosecution Service (CPS) announced it would not prosecute McKinnon, who has Asperger's syndrome, leaving the way open for his extradition.

The decision was condemned by McKinnon's mother, Janis Sharp, who has campaigned for her son, from north London, to be allowed to stand trial in the UK.

She said: "I'm heartbroken at the lack of compassion shown towards my desperately vulnerable son. Gary is a gentle man with Asperger's – not a dangerous terrorist."

The US is seeking his extradition because of his hacking, which it says included entering the computer systems of the US defence department and Nasa.

McKinnon's mother said his obsessions led him to search US computer systems. "Wrong, yes, but extraditing him to a high-security prison knowing he won't survive – surely no one can honestly believe that punishment fits the crime," she said.

A final judicial review of the home secretary's decision to allow the extradition is due in the high court next month, but campaigners had been pinning their hopes on the new director of public prosecutions, Keir Starmer, intervening.

The CPS said the decision followed "a careful review of all available evidence including further material and admissions to offences under the Computer Misuse Act 1990 which were submitted by Mr McKinnon's solicitors".

Alison Saunders, head of the CPS organised crime division, said: "We identified nine occasions where Mr McKinnon has admitted to activity which would amount to an offence under section 2 of the Computer Misuse Act (unauthorised access with intent). Although there is sufficient evidence to prosecute Mr McKinnon for these offences, the evidence we have does not come near to reflecting the criminality that is alleged by the American authorities."

She said McKinnon's hacking activities "were not random experiments in computer hacking, but a deliberate effort to breach US defence systems at a critical time which caused well-documented damage. They may have been conducted from Mr McKinnon's home computer – and in that sense there is a UK link – but the target and the damage were transatlantic."

McKinnon's family and legal team had hoped the director of public prosecutions would authorise a trial in the UK. A campaign on his behalf has been mounted by MPs of all parties. This week, Lord Carlile, the government's independent reviewer of anti-terror laws, added his name to the campaign in a personal capacity, highlighting McKinnon's medical condition, which was only recently diagnosed.

The home secretary, Jacqui Smith, could still intervene by insisting that McKinnon should be granted immediate bail in the US and be allowed to serve any sentence in the UK. So far, she has declined to do so.

McKinnon's mother added: "When will the UK stop hiding behind treaty obligations to the US and let humanity, common sense and decency prevail? Perhaps one day the realisation of these decisions will dawn.

"We've suffered an agonising seven years which has ruined the lives and health of my family. Somebody somewhere please wake up – and realise the extradition of even one vulnerable person cannot be a price worth paying to save the US government's embarrassment.

"Our last hope now lies with the judges hearing the judicial review."

The CPS said that when it first became aware of the case in 2002, it was clear that it was an "extremely complex inquiry and would require the examination of a large number of computers, the majority of which were situated in the US". The CPS therefore agreed to cede jurisdiction to US authorities.

02-26-2009, 10:44 PM	#17
Antaletriangle Avalon Senior Member Join Date: Sep 2008 Location: U.K. Posts: 3,380	Re: Gary McKinnon latest http://www.vnunet.com/computing/news...dealt-blow-cps Gary McKinnon dealt new blow by CPS British hacker turned down for UK trial under Computer Misuse Act Written by Phil Muncaster Computing, 26 Feb 2009 British hacker Gary McKinnon's hopes of being tried in the UK were dealt a massive blow today, after the Crown Prosecution Service (CPS) announced it would not bring charges against him. The move leaves the way open for McKinnon to be extradited to the US, where he could face 70 years in jail for illegally hacking into Pentagon, US military and Nasa systems. McKinnon supporters had hoped CPS chief Keir Starmer would authorise a trial in the UK under the Computer Misuse Act. But in a statement today, Alison Saunders, head of the CPS Organised Crime Division said: "Although there is sufficient evidence to prosecute Mr McKinnon for these offences, the evidence we have does not come near to reflecting the criminality that is alleged by the American authorities." She said that although his hacking attempts were conducted from the UK, " the target and the damage were transatlantic". The McKinnon camp will now be pinning their hopes on a final High Court judicial review of the home secretary's decision to allow the extradition, which is expected next month. They have argued that McKinnon, who has Asperger's Syndrome, was merely looking for evidence of UFOs and did not intend to cause the widespread damage of which he is accused. He has since won support from both London mayor Boris Johnson and, more recently, Lord Carlile, the government's independent reviewer of terrorism laws. ----------------------------------------------------------------------- http://www.guardian.co.uk/uk/2009/fe...faces-us-trial UK hacker faces US trial for breaking into defence department system• Man with asperger's loses bid to be prosecuted in UK • Mother accuses British government of lacking humanity The British computer hacker Gary McKinnon today lost his attempt to be tried for computer offences in the UK and now faces the imminent prospect of extradition to the US. The Crown Prosecution Service (CPS) announced it would not prosecute McKinnon, who has Asperger's syndrome, leaving the way open for his extradition. The decision was condemned by McKinnon's mother, Janis Sharp, who has campaigned for her son, from north London, to be allowed to stand trial in the UK. She said: "I'm heartbroken at the lack of compassion shown towards my desperately vulnerable son. Gary is a gentle man with Asperger's – not a dangerous terrorist." The US is seeking his extradition because of his hacking, which it says included entering the computer systems of the US defence department and Nasa. McKinnon's mother said his obsessions led him to search US computer systems. "Wrong, yes, but extraditing him to a high-security prison knowing he won't survive – surely no one can honestly believe that punishment fits the crime," she said. A final judicial review of the home secretary's decision to allow the extradition is due in the high court next month, but campaigners had been pinning their hopes on the new director of public prosecutions, Keir Starmer, intervening. The CPS said the decision followed "a careful review of all available evidence including further material and admissions to offences under the Computer Misuse Act 1990 which were submitted by Mr McKinnon's solicitors". Alison Saunders, head of the CPS organised crime division, said: "We identified nine occasions where Mr McKinnon has admitted to activity which would amount to an offence under section 2 of the Computer Misuse Act (unauthorised access with intent). Although there is sufficient evidence to prosecute Mr McKinnon for these offences, the evidence we have does not come near to reflecting the criminality that is alleged by the American authorities." She said McKinnon's hacking activities "were not random experiments in computer hacking, but a deliberate effort to breach US defence systems at a critical time which caused well-documented damage. They may have been conducted from Mr McKinnon's home computer – and in that sense there is a UK link – but the target and the damage were transatlantic." McKinnon's family and legal team had hoped the director of public prosecutions would authorise a trial in the UK. A campaign on his behalf has been mounted by MPs of all parties. This week, Lord Carlile, the government's independent reviewer of anti-terror laws, added his name to the campaign in a personal capacity, highlighting McKinnon's medical condition, which was only recently diagnosed. The home secretary, Jacqui Smith, could still intervene by insisting that McKinnon should be granted immediate bail in the US and be allowed to serve any sentence in the UK. So far, she has declined to do so. McKinnon's mother added: "When will the UK stop hiding behind treaty obligations to the US and let humanity, common sense and decency prevail? Perhaps one day the realisation of these decisions will dawn. "We've suffered an agonising seven years which has ruined the lives and health of my family. Somebody somewhere please wake up – and realise the extradition of even one vulnerable person cannot be a price worth paying to save the US government's embarrassment. "Our last hope now lies with the judges hearing the judicial review." The CPS said that when it first became aware of the case in 2002, it was clear that it was an "extremely complex inquiry and would require the examination of a large number of computers, the majority of which were situated in the US". The CPS therefore agreed to cede jurisdiction to US authorities.