British Hacker Fights U.S. Extradition
The self-confessed British hacker charged with illegally accessing about 100 computers at the Pentagon and NASA is to hear this week whether his diagnosis with a mild type of autism can prevent his extradition to the United States.
A judicial review by Britain's high court was to weigh the possibility of Gary McKinnon, 40, facing trial on U.S. cyber-terrorism charges and a possible jail sentence of up to 70 years, against the Asperger's Disorder diagnosis.
McKinnon has admitted breaking the law by accessing the computers starting in February 2001, which he said he did looking for information on UFOs. He was arrested about a year later in March 2002.
But his mother and a growing list of high-profile advocates argue that his condition would make him highly vulnerable to depression and even self-harm if sentenced to jail in the United States.
"I've committed a crime. I've admitted to it, and I'm very sorry. I've apologized many times, but I think the American authorities' response to the crime far outweighs what would have happened to me in my own country," McKinnon told CBS News partner network Sky News. "I'm being treated like a terrorist in America."
McKinnon's mother, Janice Sharp, asked during her interview with Sky: "Why haven't they ever extradited any other hacker - I'm glad they haven't - and then decide to extradite someone who is vulnerable?"
His attorney says the Asperger's, in part, also led him to so vigorously pursue hacking into the supposedly-secure American networks.
McKinnon has appealed to several British Home Secretaries during his seven-year legal battle to avoid extradition to the United States. All have refused to intervene in the case.
A reshuffle of the U.K. Prime Minister's cabinet over the weekend saw yet another Home Secretary assume the role, but a Home Office spokeswoman told CBSNews.com's sister-site ZDNet.co.uk on Friday that they would not reconsider - at least not until the court made its ruling.
"The case is before the courts, and we don't propose to comment further pending the outcome of the court's decision," a Home Office spokeswoman told ZDNet U.K.'s Tom Espiner. "It wouldn't be something for the [new] home secretary to get involved in."
McKinnon's attorney, Karen Todner, told Espiner she was hoping the High Court judicial review would prevent McKinnon's extradition and secure a trial for him in the U.K.
ZDNet U.K. reports that a list of U.K. celebrities, including, most notably, Sting, have championed McKinnon's cause, arguing that his actions caused no real harm to the United States and that his condition should negate extradition and trial on terrorism charges.
Terry Waite, a Briton who has become a champion of several causes since being held hostage in Lebanon for four years after his kidnap in 1987, went so far as to say the Pentagon should thank Mr. McKinnon for exposing the "fragility" of the American military's computer systems.