British Hacker Loses Appeal

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Legalbrief | your legal news hub Thursday 30 September 2021 British hacker loses appeal A British man who hacked his way into computer networks run by the Pentagon, NASA and other US Government agencies in a search for proof of UFOs is a step closer to being sent to the US for trial, notes a Channel Web report. Last week, a British High Court rejected an appeal by Gary McKinnon to halt his extradition to the US, where he faces up to 70 years in prison if convicted. McKinnon's lawyers had argued that extradition was 'unnecessary, avoidable and disproportionate' for the charges. According to the report, they also said McKinnon suffers from Asperger's Syndrome, a form of autism, and is at risk of psychosis or suicide if he is sent to the US. Out-Law.com says Karen Todner, of Kaim Todner, reacted with disappointment to the decision but vowed to fight on. 'The extradition treaty was brought in to facilitate the extradition of terrorists and it must be clear to anyone following the case that Gary McKinnon is no terrorist,' she said. 'The decision to extradite McKinnon was made by a Secretary of State, Jacqui Smith, who accepts she was not up to the job. David Blunkett, who led us into the flawed Extradition Act, now wishes he had not and that Gary was prosecuted in the UK.' The First Post reports that campaigners have long complained against the current law, established in 2003 following the terrorist attacks on the World Trade Centre, for its lop-sidedness. While British prosecutors have to prove 'probable cause' in order to effect an extradition from the US to the UK, Americans have only to prove 'reasonable suspicion'. McKinnon's mother has made a plea to President Barack Obama to stop the legal proceedings. PC World reports that Janis Sharp holds out hope that her son will still not be extradited. 'I think Obama probably doesn't know about it and he's got so many things to consider,' said Sharp, who added that she has been 'desperately' trying to get in touch with the President. 'It's a holdover from the Bush era and it's not from Obama. He would not want this to happen.' According to the report, Sharp also said she fears that US prosecutors will go for the death penalty for her son. The Guardian reports that Sharp also said she welcomed comments from the Welsh Secretary, Peter Hain, suggesting he would rather the computer hacker were tried in the UK than extradited to America. Hain is the first Cabinet Minister since the High Court ruling in favour of extradition to express his disquiet at the prospect of McKinnon. 'I would have preferred it if I had been in the position to have a say on this - and the law is just following its course - to have had the director of public prosecutions made this decision,' Hain said. Full Channel Web report Full First Post report Full PC World report Full report in The Guardian Full Out-Law.com report.

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