European court won't stop U.K. hacker's extradition to U.S.

PARIS - The European Court of Human Rights has refused U.K. hacker Gary McKinnon's appeal against demands for his extradition to the U.S.

McKinnon stands accused of breaking into computers belonging to NASA and the U.S. military, and had appealed against his extradition under Article 3 of the European Convention on Human Rights. He had claimed that the conditions of detention he would face if convicted in the U.S. would breach a European prohibition on inhumane or degrading treatment.

The court said Thursday it had refused his appeal, and will not prevent his extradition. The court had previously ordered that his extradition be delayed until midnight Friday while it considered his request.

It was in 2002 that a U.S. court first indicted McKinnon for the offenses, committed in 2001, although he was not arrested by U.K. police until 2005. The U.K. government first approved his extradition in 2006.

McKinnon has never visited the U.S., and the offenses of which McKinnon is accused were committed in the U.K., his lawyers Kaim Todner LLP said.

"We maintain that any prosecution of our client ought therefore to be carried out by the appropriate British authorities," the London law firm said. "U.K. citizens are at the mercy of the ever-increasing tendency of overseas prosecutors to extend their jurisdiction to crimes allegedly committed in this country."

Security consultant Graham Cluley of Sophos said the decision sent a warning to hackers. "The message is clear -- if you hack into computers you have to realize that the legal consequences could be severe. Others should take note of McKinnon's predicament and ask themselves: do I want to end up in his situation?" Cluley wrote.

McKinnon's lawyers said they will make one further appeal against the extradition, to the U.K. Home Secretary. The appeal will be on medical grounds, as McKinnon has recently been diagnosed as suffering from Asperger Syndrome, a neurological disorder characterized by obsessive behavior and deficiencies in social interaction.

Comments (3)

European court won't stop U.K. hacker's extradition to U.S.

by James Wood 9/9/2008 12:00:00 AMIt would seem to me that Mr. Gary McKinnon has performed an act of terrorism. Any citizen from one country ?hacks? into another country?s government computers, especially the military computers, would make it an attack on a country?s Military forces. The attacked county (US government) would make a complaint to the country (U.K.) where the attack originated. This also could be classed as espionage by ?hacking? into another country?s military files to get their secret information. He also could be tried for treason. This would be crimes against, not only the country being attacked but the countries were the crime was originated. Therefore it?s the first responsibility of the country where its citizen did the crime. The ?hacker? Gary McKinnon, should be tried in the country where the crimes of terrorism and espionage were committed. I?m sure that the punishment for these crimes in the U.K. is great and should satisfy the offended country that the U.K. can deal with their citizens. U.K should deal with their own citizen first and not the USA. Look at the situation in Canada. Canada let the US deal with one of their citizens and when the Canadian citizen can back to Canada; it was found that he was not a terrorist. The Canadian government had to compensate this person millions of dollars because he was falsely accused by the US government and Canadian Government allow the US governments do what they wanted to the Canadian Citizen. So U.K., be careful what you let other countries do to you citizens.

lame

by DHacker 10/21/2008 12:00:00 AMThey are so quick to get hackers when they do something wrong but thay don't get terrorists before or after they do something wrong and when they decide to get them thay let the go and extradite them and when thay get back to there country thay are heros for killing loads of british and americans where is the justice in that.

Concerned

by Tim 9/11/2008 12:00:00 AMIt seems like the U.S. goes after anyone anywhere they feel like it, look at Emery selling seeds on the Net from Canada and they get the stupid Cdn. government to hand him over because he sold some seeds to Americans. Whats next?