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Old 09-12-2008, 07:54 AM   #10
anonypony
Avalon Senior Member
 
Join Date: Sep 2008
Posts: 42
Default Re: Poor Gary Mckinnon

Quote:
Originally Posted by murnut View Post
The ends don't justify the means, it makes us no better than those we despise.

Gary was offered 6 mos in a US jail, the balance to be served in Britian.

Unfortunately, many have fallen for Gary's hype.

He should plead out, since he has admitted guilt


Gary was offered 3, 4 years or frying, but when he asked for the offer to be guarantied in writing, he was refused.

Gary has admitted to being on the systems and snooping around, but always insisted he did not do ANY DAMAGE!!!!

Damage is a key component in this case, as without it, there could be no extradition! That is until a week ago when the legal goal post was moved once again to facilitate the ECHR refusal to hear the case.

Moving the legal goal post in this case is monumental to put it mildly...


When Gary was doing what he did and was caught doing it,
  • The law regarding his offences had very little to do with terrorism or extradition - the PROPORTIONATE penalty was 6 month community service at the max. This was the first change to the law effecting this case which made Hacking = terrorism.
  • At this point in time to extradite their citizen the UK gov had to see EVIDENCE of the alleged crime and for a court to be satisfied that the evidence is real and there is a case to answer. This law has changed too as I am sure we are all well aware, no evidence is necessary now, accusation alone is sufficient to ship ‘em out.
  • However for it to become an extradition offence, the accusation had to include the ‘damage component’ to the tune of a certain $ value per hacked machine. Magically that minimum value of damages is claimed to be the case here.
  • As the case was going through the ECHR the law has changed again in the US (same week) ... This time the necessity to PROVE any damage is no longer needed! This was done to signal the ECHR that ‘Human rights’ does not come into it on the basis that if there is no need to prove damages, there is no need for secrecy and therefore no need for the case to be heard as a military trial, but rather as a strait forward criminal court case.
One has to ask - what is it, they are so eager to hide or achieve through this case? So eager in fact that they where willing to twist and turn their legal muscle 3 times to make it happened... This is ‘some determination’ that is being demonstrated here, 8 years is a long time, some patience too....


Best wishes
Anony Pony
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