"Liberty is Intervening on behalf of Gary McKinnon and have been officially given permission to do so, they have also petitioned the House of Lords on Gary's behalf as the case is now being seen as being in the Public Interest." The UK Liberty Organisation can be contacted here.  Gary and/or his representatives are also due to appear on several news stations over the next few days, including a prime spot on the BBC. !-Update-! See below for a recent articles...

British hacker should not be extradited to US, Lords told

• Peter Walker and agencies
• guardian.co.uk,

A British man who allegedly hacked into the Pentagon's computer network should not be extradited to America because US prosecutors tried to intimidate him into cooperating with them, the House of Lords was told today.

Gary McKinnon, a systems analyst who faces up to 60 years in jail if his extradition goes ahead, was the victim of an abuse of process, the panel of five law lords was told.

The 44-year-old is accused of causing £475,000 in damage by hacking into 97 computer systems operated by the Pentagon, Nasa and elsewhere in the US military.

McKinnon, a self-taught hacker who operated under the name Solo, admits accessing the computers but insists he only did so to try to find evidence for UFO landings, and that he was only able to gain access because of lax security.

His activities, described by British prosecutors in 2005 as the "biggest ever military computer hack", were carried out using a low-speed dialup connection from a room in his girlfriend's aunt's house in Crouch End, north London.

McKinnon was first arrested in 2002 but has never been charged in the UK. Last year, he lost a high court appeal against a government decision to grant his extradition to the US.

Addressing the Lords today, his lawyer, David Pannick QC, said McKinnon was told by US authorities that unless he agreed to plead guilty and to extradition he faced a much heavier jail sentence.

A US embassy legal official involved in the case had also quoted New Jersey authorities as saying they wanted to see McKinnon "fry", said Pannick, an apparent reference to the electric chair.

It was "not in dispute" that a UK court had the power to turn down an extradition if it was thought there had been abuse of process, Pannick told the law lords.

"The US prosecutors sought to impose pressure on the appellant through his legal advisers to consent to extradition and plead guilty," he said.

McKinnon was told that if he cooperated he would receive a jail sentence of between 37 and 46 months and would be repatriated to the UK for possible parole after half this time, the lawyer said.

"By contrast, the appellant's representatives were told that if the appellant declined to cooperate, this sentence would be in the region of eight to 10 years, possibly longer," Pannick said, adding that one threat was to treat the matter as a terrorism case, resulting in a possible 60-year term.

US officials additionally said any transfer to the UK would also be ruled out if McKinnon fought extradition, Pannick told the law lords.

"This was pressure of an unacceptable degree," he said.

A judgment is expected within three weeks.

Recent article from ZDNet: 

Gary McKinnon, the Briton who has admitted hacking into Nasa systems, is due to fight his extradition to the US in the House of Lords on Monday.

Hearing his appeal will be the Law Lords, a group of senior judges. According to McKinnon's solicitors, the two-hour hearing will focus on irregularities in the extradition process.

"There will be legal arguments about plea bargaining and abuse of the extradition process," said his solicitors, Kaim Todner.

Representing McKinnon will be his own barrister, David Pannick QC, and a barrister acting for human rights organisation Liberty, Edward Fitzgerald QC. Acting for the US authorities will be Clare Montgomery QC.

According to McKinnon and his counsel, during the plea bargaining process the American authorities threatened McKinnon. Lawyers acting on behalf of the US government allegedly said that if McKinnon did not agree to co-operate with them, they would push for the highest possible penalties and that he would be "turned over to New Jersey authorities to see him fry". And, the defence further alleged, the US said if McKinnon did not agree to a deal there would be no chance of him serving his sentence in the UK near his family.

McKinnon's fate now hangs on the decision of the Law Lords, who will determine whether there was an abuse of process by the US authorities. According to Kaim Todner, if the Lords decide there was an abuse of process, this would end extradition proceedings, although McKinnon may still face trial by UK authorities.

The US lawyers may dispute what was said during the plea bargaining process, in which case the Law Lords could refer the case back to Bow Street Magistrates Court, where McKinnon's case was heard.

If the Lords decide there was no abuse of process, the extradition procedure will go ahead. An extradition order was signed in July 2006 by the then home secretary John Reid.

McKinnon stands accused of hacking into a series of sites belonging to the US Army, Air Force, Department of Defence and Nasa. McKinnon has admitted hacking Nasa systems, but claims that he was merely looking for evidence of UFOs and extraterrestrial activity.

The US government alleges McKinnon's hacking activities caused $700,000 (£350,000) worth of damage. McKinnon denied causing any damage to the US systems.

Under the terms of the controversial Extradition Treaty 2003, the US government has not been required to show any evidence, either of McKinnon's hacking or the alleged damage caused, to secure his extradition. The Extradition Treaty is not reciprocal, as it has not been ratified by the US government.

 

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