Friday, 29 August 2008

Gary McKinnon Loses European Appeal

No big surprise that Gary McKinnon has lost his appeal to the European Court of Human Rights in Strasbourg, which has refused to hear the appeal.

Articles covering this have McKinnon listed as a, “Computer Expert” which is a term he vehemently rejects, describing himself more as a stoner come truth-seeker.

Surely this description is more damaging to the public perception of the US military and NASA whom have apparently allowed a stoner with a Perl script access to their most frequently denied secret, i.e. prior knowledge to/and first hand experience of the UFO/ETH phenomenon.

Here’s a video I uploaded ages ago that suggests that this is indeed the case.

(Earlier Post HERE)

Perhaps the UFO was an ‘elaboration’ by McKinnon?

Personally I struggle to see the rationale involved if that was the case as surely the last thing Gary needs is people (often on) the fringe of the UFO community lobbying for his freedom. All of which makes it quite a strange case in itself, add to that the refusal of the US to allow Gary to be tried in the UK (which let’s face it for all intents & purposes was where the crime was committed) and I can’t help but wonder why the US haven’t swept this under the carpet rather than allow it to drag out and turn into the media circus that it is inevitably becoming.

Surely regardless of what punishment the US judge deems fit to bestow it can only be unwanted publicity further highlighting the weakness of the computer systems and the amateurish personnel charged with defending some of the countries most delicate secrets (UFO/ETH related or not).

I believe there is a little more going on than is immediately apparent but I’m hesitant to state my opinion at this juncture other than to reiterate my puzzlement at how the US is allowing itself to be publicly perceived as little more than petty bureaucrats intent on proving a point. And in doing so is instilling/reinforcing distrust in an already apprehensive public regarding their general modus operandi as it relates to handling secret information, and it’s an MO that ultimately exposes their massive negligence and incompetence as it directly relates to locking even the simplest ‘backdoor’ into their highly sensitive network.

Here’s two ‘mainstream’ articles dealing with this recent news.



Hacker loses extradition appeal
Published: 2008/08/28 11:31:36 GMT

A Briton accused of hacking into secret military computers has lost his appeal against extradition to the US. Glasgow-born Gary McKinnon was said to be "distraught" after losing the appeal to the European Court of Human Rights. He faces extradition within two weeks. The unemployed man could face life in jail if convicted of accessing 97 US military and Nasa computers. The 42-year-old admitted breaking into the computers from his London home but said he sought information on UFOs. Mr McKinnon asked the European Court of Human Rights in Strasbourg to delay his extradition pending a full appeal to the court against his extradition but his application was refused. He claimed the extradition would breach his human rights.

'Absolutely devastated'

His solicitor Karen Todner said this had been her client's "last chance" and appealed to Home Secretary Jacqui Smith to intervene. Our client now faces the prospect of prosecution and imprisonment thousands of miles away from his family in a country in which he has never set foot

Solicitor Karen Todner:

"He is absolutely devastated by the decision….He and his family are distraught…..They are completely beside themselves. He is terrified by the prospect of going to America.....The offences for which our client's extradition is sought were committed on British soil and we maintain that any prosecution ought to be carried out by the appropriate British authorities....Our client now faces the prospect of prosecution and imprisonment thousands of miles away from his family in a country in which he has never set foot."

She added Mr McKinnon had recently been diagnosed with Asperger syndrome and would ask for the case to be tried in this country. Mr McKinnon, from Wood Green, north London, was arrested in 2002 but never charged in the UK. He first lost his case at the High Court in 2006 before taking it to the highest court in the UK, the House of Lords.

Computer nerd

The US government claims he committed a malicious crime - the biggest military computer hack ever. The authorities have warned that without his co-operation and a guilty plea the case could be treated as terrorism and he could face a long jail sentence. The former systems analyst is accused of hacking into the computers with the intention of intimidating the US government. It alleges that between February 2001 and March 2002, he hacked into dozens of US Army, Navy, Air Force, and Department of Defense computers, as well as 16 Nasa computers. Prosecutors say he altered and deleted files at a naval air station not long after the 11 September attacks in 2001, rendering critical systems inoperable.

However, Mr McKinnon has said his motives were harmless and innocent. He denies any attempts at sabotage. He said he wanted to find evidence of UFOs he thought was being held by the US authorities, and to expose what he believed was a cover-up.

Source: BBC NEWS



Hacker loses extradition appeal
By Jack Doyle, PA
Thursday, 28 August 2008

A computer expert who hacked into top secret US military networks lost his last-ditch legal appeal today and will be extradited to the US in the next two weeks. Gary McKinnon, 42, asked the European Court of Human Rights to stay his extradition pending an appeal to the court but his application was refused. Karen Todner, from Kaim Todner solicitors, said her client was "distraught" about the decision and appealed to Home Secretary Jacqui Smith to intervene.

Mr McKinnon, who claimed he was looking for UFO files, lost in the High Court last year and in the House of Lords last month. Today's ruling rejected the request for a stay in the extradition process pending a full hearing of the court. Mr McKinnon claimed the extradition would breach his human rights. The unemployed systems analyst from Wood Green, north London, admits he gained access to 97 US Navy, Army, Nasa and Pentagon computers from the bedroom of his girlfriend's aunt's house. But he says he was motivated by curiosity and only got in because of lax security. The US government says he stole passwords and deleted files. He faces up to 70 years in prison if found guilty.

Ms Todner said:

"We have lost the appeal. That means he will be extradited. It will probably be within the next fortnight…..He is absolutely devastated by the decision. He and his family are distraught. They are completely beside themselves. He is terrified by the prospect of going to America…..This was their last chance. We are going to write to the Secretary of State and ask her to reconsider it again.

She said Mr McKinnon had recently been diagnosed with Asperger's Syndrome and would ask for the case to be tried in this country.

Source: The Independent




Press release issued by the Registrar

European Court of Human Rights refuses request for interim measures by Gary McKinnon.

On 29 July 2008, Gary McKinnon lodged an application with the European Court of Human Rights (application no. 36004/08). He complains principally under Article 3 of the European Convention on Human Rights (prohibition of inhuman or degrading treatment) about the conditions of detention he would face if convicted in the United States of America.

FreeGary.org.uk

The Government of the United States have sought his extradition from the United Kingdom to stand trial on charges of fraud-related activity in connection with computers. He is alleged to have gained unauthorised access to military computers in the United States from his home in the United Kingdom.

Mr McKinnon sought interim measures under Rule 39 of the Rules of Court to prevent his extradition to the United States while the Court considered his application.

On 12 August 2008 the Acting President of the Chamber to which the case has been allocated decided to indicate to the Government of the United Kingdom, under Rule 39 of the Rules of Court, that the applicant should not be extradited to the United States before midnight on 29 August 2008. This was in order to allow the Chamber to examine the request at the earliest opportunity, namely at its meeting on 28 August 2008.

On 28 August 2008, the Chamber decided to refuse the applicant's request for interim measures.

Mr McKinnon has therefore been informed that the Court will not prevent his extradition to the United States.

Under Rule 39 of the Rules of Court the Court may indicate to the parties any interim measure which it considers should be adopted in the interests of the parties or of the proper conduct of the proceedings before it.

***

Further information about the Court can be found on its Internet site (http://www.echr.coe.int).

The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.

FreeGary.org.uk




Asperger syndrome (also called Asperger's syndrome, Asperger's disorder, Asperger's or AS) is one of several autism spectrum disorders (ASD) characterized by difficulties in social interaction and by restricted, stereotyped patterns of behavior, interests and activities. AS is distinguished from the other ASDs in having no general delay in language or cognitive development. Although not mentioned in standard diagnostic criteria, motor clumsiness and atypical use of language are frequently reported.

Wikipedia

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5 Comments:

At 30 August 2008 02:59 , Blogger Andrew said...

Hi Doc!

We disagree on this one.

Gary got caught.

He has zero credibility.

The US govt is not going to tolerate hacking of their military computer systems, especially when they have a chance to make an example of someone.

Gary was offered 6 month at a low security facility, but instead of manning up...he has made every possible claim to chicken out.

Now Gary is no terrorist, but he is no hero either.

But he snubbed his nose at the US military, made claims about being sent to Guantanamo Bay, made claims that he faces 60years (MAX 6years)lied that the original plea offer was not in writing, and also claims that the US pursues him because of what he saw.

Gary saw nothing, because if he did, this would have been swept under the carpet long ago, or Gary would have disappeared.

He just is not credible

 
At 30 August 2008 06:20 , Blogger Michael Naisbitt said...

Hi Andrew!!

He, he, I wouldn’t go as far as to say ‘disagree’.

I don’t think he has any credibility and was suggesting that he mistakenly hitched his trailer to the UFO community, I still think that it isn’t as cut and dry as simply shipping him to the US and sticking him with a couple of years of, “Easy” jail.

Cheers,
Doc.

 
At 31 August 2008 05:03 , Blogger Andrew said...

How about we let the Courts decide?

The US has to prove the damages.

Not as easy as it sounds.

But Gary has become a symbol for something else.
I read an article entitled Dani Garavelli - Bug in the system at http://news.scotsman.com/opinion/Dani-Garavelli--Bug-in.4352538.jp

 
At 31 August 2008 07:10 , Blogger manuel said...

Poor gary, I am so sorry he is going to do time. he should have taken the six months, he would have been out a long time ago.His timing wa bad, circa 911, and with the Chinese wreaking havoc on our systems, like the Russians do Georgia, ID theft, well the "gee its cute what a smart kid like Kevin days" is over. If his parents send him money for canteen, and lots of it he may be able to buy protection, from the predators once he is in. Hopefully he will have celebrity status, so he will be ok too.
I can't believe we are spending tax dollars going after him when the Chinese and Russians and are raping our systems.
Then again we have the highest per capita prison population in the world. He should have copped the 6 month plea.
go figure.

 
At 14 September 2008 19:48 , Blogger Jason said...

Go sign this petition to the prime minister and feel free to post the link anywhere you like, Banksy take note lol.

http://petitions.number10.gov.uk/ExtraditionLaw/

 

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