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Pentagon hacker must be extradited say law lords

Paul Cheston, Courts Correspondent
30.07.08

A self-styled computer nerd who hacked into the Pentagon must be extradited to stand trial in the United States, the law lords ruled today.

Gary McKinnon, 42, who is accused of "carrying out the biggest computer hack of all time", fears he will now be interrogated at Guantanamo Bay.

McKinnon claims he was only trying to find information about UFOs when he hacked into networks owned by Nasa, the US army, navy and air force and the defence department. The US authorities have said they want "to see him fry" and threatened him with a jail sentence of up to 70 years.

But far from being a terrorist, Glasgow-born McKinnon says he is nothing more than "a bumbling computer nerd".

Today McKinnon, who now lives in London, failed in his final attempt to persuade a British court to hold his extradition and now plans to make a last-ditch bid at the European Court.

After the law lords had ruled unanimously against him, his solicitor Kaim Todner said: "Gary McKinnon is neither a terrorist nor a terrorist sympathiser.

"His case could have been properly dealt with by our prosecuting authorities but instead we believe the British government declined to prosecute him to enable the US to make an example of him.

"The consequences he faces if extradited are both disproportionate and intolerable and we will be making an immediate application to the European Court to prevent his removal." McKinnon, an unemployed IT administrator, admits he gained access to 97 US military and space research computers from his home in Enfield.

He says he was looking for evidence that the US government had information on UFOs.

He was originally tracked down and arrested by the UK authorities but the Crown Prosecution Service refused to charge him.

But three years later the US government stepped in and, under a new extradition treaty with the UK, demanded he be brought to trial over there.

McKinnon's barrister David Pannick QC said his extradition would be an abuse of process.

He said that McKinnon had been told by the US authorities that if he agreed to plead guilty and go quietly he would receive only a few years in prison.

But if he fought his case he could face a massive sentence in a maximum security prison as a potential terrorist.

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