23/01/2009

Hacker Wins Right To Challenge Extradition

A British hacker has been granted permission by the High Court to apply for a judicial review against his extradition to the United States.

Gary McKinnon, 42, from Wood Green, who admitted hacking into US military computers, was diagnosed last August as having Aspeger's Syndrome.

His lawyers have argued Mr McKinnon would be at risk of suicide if he were extradited.

They have urged he be allowed to stand trial in Britain.

Edward Fitzgerald QC, appearing for McKinnon, said: "The very fact of extradition will endanger his health.

"It is no secret that conditions in a federal penitentiary can be a great deal rougher than conditions here, and a particularly tough place to survive if you are accused of this type of crime."

Home Secretary, Jacqui Smith was also criticised for failing to properly consider these risks before deciding in October to permit extradition.

Prosecutors have accused the 42-year-old of hacking US military networks and damaging vital defence systems following the September attacks.

He faces a lifetime in jail if sent for trial to the US.

Lord Justice Maurice Kay and Mr Justice Simon ruled that Mr McKinnon's case "merits substantive consideration", and granted him leave to launch a fresh challenge at the court in London.

Supporters say Mr McKinnon had acted through "naivety" as a result of Asperger's Syndrome - a form of autism - should not be considered a criminal.

"It is the right decision," his lawyer Karen Todner said after Friday's ruling. "This case has been going on since 2002 and finally we have got the first right decision."

(JM/BMcC)

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Home Sectrary Theresa May has decided that computer hacker Gary McKinnon will not be extradited to the United States, citing human right grounds. She said that there was such a high risk of McKinnon, 46, who has Asperger's syndrome and suffers from depressive illness, ending his life that it was incompatible with his human rights.
31 July 2009
Hacker Loses Appeal Against US Extradition
British hacker Gary McKinnon has lost his latest High Court legal action to avoid extradition to the USA. Mr McKinnon, 43, who suffers from Asperger's Syndrome, is accused of the "biggest military hack of all time", accessing 97 government computers belonging to organisations including the US military and Nasa.
28 August 2008
British 'Hacker' Loses US Extradition Appeal
A British computer expert, accused of hacking into secret military computers has today lost his appeal to the European Court of Human Rights, and now faces extradition to the US. Gary McKinnon, born in Glasgow, will face extradition to the United States in the next fortnight, his solicitor has said.
03 April 2007
British hacker loses extradition battle
A British man accused of carrying out "the biggest military computer hack of all time" has lost his High Court fight to avoid extradition to the US. Gary McKinnon, from Wood Green, north London, is accused of accessing 97 computers, used by the US Army, Navy, Air Force, Department of Defence and NASA, causing around £370,000 worth of damage.