Gordon Brown urges to keep Asperger's hacker in the UK

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DeLoreanDude
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07 Dec 2008, 3:16 am

http://news.bbc.co.uk/1/hi/technology/7768394.stm

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Mr McKinnon, from Wood Green, north London, faces up to 70 years in prison if found guilty in the US of breaking into military computers.
Supporters held a vigil and delivered a letter to Downing Street calling for him to be tried in the UK instead.
Campaigners said the fact that Mr McKinnon has Asperger's Syndrome should be taken into account.
Decision due
Glasgow-born Mr McKinnon trespassed on networks owned by Nasa, the US Army, Navy, Air Force, and Department of Defense in 2001 and 2002.
Despite taking his appeal to the House of Lords last year, he lost a six-year legal battle to avoid extradition.
The European Court of Human Rights also declined to back Mr McKinnon's case against extradition.
A decision on his proposed extradition is expected at a High Court hearing on 20 January.
Supporters held a candlelit protest outside the US Embassy on Friday.
Mr McKinnon's mother Janis Sharp said: "Gary is terrified, he's in pieces. The whole situation is heartbreaking, it's gone on for so long."
She added: "I think the US was embarrassed because Gary came out and said there were no passwords and no firewalls."
The US military said that Mr McKinnon left 300 computers at a US Navy weapons station unusable immediately after the 11 September 2001 attacks.
Mr McKinnon claims he was looking for UFO files.
Nadine Stavonina-de Montagnac, co-founder of the Autistic Culture Movement and Free Gary campaign spokeswoman, said this kind of obsessive behaviour was characteristic of people with Asperger's.
She said: "His obsession was so strong, he couldn't fight it. Even now Gary doesn't know what he's done wrong."
She added: "He is such a vulnerable man and I'm relying on Gordon Brown to help him."



Woodpecker
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07 Dec 2008, 3:37 am

He should not have been trying to break into other people's computers. I am sure that people with AS have free will, so he choose to do something wrong.

But I think that the British should deal with him under a british computer misuse law becuase he is british and he commited the crime in britain.


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DeLoreanDude
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07 Dec 2008, 3:42 am

Woodpecker wrote:
He should not have been trying to break into other people's computers. I am sure that people with AS have free will, so he choose to do something wrong.

But I think that the British should deal with him under a british computer misuse law becuase he is british and he commited the crime in britain.


I agree with this, although if it was his obsession it would have been hard for him to resist... But your right people with AS have freewill so he still chose to do it.



lexis
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07 Dec 2008, 3:59 am

I don't think him having aspergers would impair his reasoning regarding this particular crime- some crimes I think should take that diagnosis into account, but not this one.

I agree that he would have to take responsibility- I don't believe that he should extradited, but than again I would feel the same way about a neurotypical committing this kind of crime too.



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07 Dec 2008, 4:02 am

America wouldn't extradite an American criminal to another country, so I don't see why Britain should bend over and take it from the states.



Woodpecker
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07 Dec 2008, 4:37 am

I think that the UK computer misuse act 1990 should be used to deal with this case.

The act does permit a court to impose a short jail term for each count of the computer crime, I would be interested to know how long the americans want to lock him up for.


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Diagnosed under the DSM5 rules with autism spectrum disorder, under DSM4 psychologist said would have been AS (299.80) but I suspect that I am somewhere between 299.80 and 299.00 (Autism) under DSM4.


DeLoreanDude
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07 Dec 2008, 4:38 am

Woodpecker wrote:
I would be interested to know how long the americans want to lock him up for.


Up to 70 years is says in the article... Thats crazy! 8O



Woodpecker
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07 Dec 2008, 4:57 am

I think that 15 let alone 70 years for computer hacking is too long if the hacking did not involve spying, major vandalism or fraud.

Bear in mind that Mike Tyson only got 6 years for rape which I think is a more serious crime than computer misuse, I think that tyson should have got a longer jail term, I had been the judeg I would have wanted him to serve at least a decade behind bars.


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Health is a state of physical, mental and social wellbeing and not merely the absence of disease or infirmity :alien: I am not a jigsaw, I am a free man !

Diagnosed under the DSM5 rules with autism spectrum disorder, under DSM4 psychologist said would have been AS (299.80) but I suspect that I am somewhere between 299.80 and 299.00 (Autism) under DSM4.


Woodpecker
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07 Dec 2008, 4:57 am

Opps double post, I pressed the button too many times


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Health is a state of physical, mental and social wellbeing and not merely the absence of disease or infirmity :alien: I am not a jigsaw, I am a free man !

Diagnosed under the DSM5 rules with autism spectrum disorder, under DSM4 psychologist said would have been AS (299.80) but I suspect that I am somewhere between 299.80 and 299.00 (Autism) under DSM4.


DeLoreanDude
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07 Dec 2008, 5:17 am

Woodpecker wrote:
I think that 15 let alone 70 years for computer hacking is too long if the hacking did not involve spying, major vandalism or fraud.

Bear in mind that Mike Tyson only got 6 years for rape which I think is a more serious crime than computer misuse, I think that tyson should have got a longer jail term, I had been the judeg I would have wanted him to serve at least a decade behind bars.


Exactly!

Rapists and murders get shorter sentences!



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07 Dec 2008, 5:26 am

On a side note, the US SHOULD be embarressed.

Seriously...they lost 300 militairy computers that easily?



ed
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07 Dec 2008, 9:17 am

No one should ever be extradided to the United States for anything! This country is so obsessed with putting people in prison for ever-lengthening terms - legislators get elected by promising to "get tough on crime," which always means increasing sentences.

Last I saw, we have 2.2 million people in prison, which is obscene, especially for the country purported to be the beacon of freedom to the rest of the world.


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07 Dec 2008, 10:36 am

I think that he should be punished for breaking the law even if he does have AS. They just want him to be put on trial in th UK because they that he'll probably get a shorter sentence. Although he's British I think that he should be punished in America because that's where he broke the law. He broke into their military computers not ours. :lol:



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07 Dec 2008, 11:28 am

He was in the UK when he did this and as far as I am concerned you should be tried in the country you were in when you broke the law.

It would be terrible if he was extradited and would set a dangerous precident where any country could use this to call for anyone to be extradited to them if that person was to do anything on a computer based in another country whilst they were sat at home. This would eman that if you were using this website and said something that was illegal in the country the website is hosted in then that country could call for your extradition.

Not so bad if the countries invovled are like the US or the UK, but howcan you be sure where the website is hosted? How can you be sure what the laws are in that country? It's a dangerous and worrying idea.



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07 Dec 2008, 11:56 am

Dogtanian is right, while gemstone123 is not right. The problem I see is that the scene of crime is not well defined in such a case.

I think that the criminal and civil cases should be treated differently

If a french man was to throw a bucket of mud over a german man in hyde park, then I would say the crime should be dealed with in an English court becuase it occured in england.

Let us consider a couple of other more complex cases.

If you were to set fire to old car tyres in your back garden and make black toxic choking smoke which drifted into next doors garden while they are having a garden party, then while the victims might be the party guests next door the crime of burning the nasty tyres is still occuring in your garden. Your garden is the scene of crime.

If you consider the Chernobyl accident, it is likely that someone could have been sent to jail for it under health and safety law if the event had occured in England or the USA. But for the criminal case you would need to use the penal code of the USSR to jail the person responsible even while some of the effects of the accident were felt in western europe.

But I would argue that for a civil case for damages brought by a welsh sheep farmer whose farm is now contaminated could be filed at a british court, the power plant operators did something which harmed the assets of the farmer and the assets are in wales. So I think that the welsh farmer should be free in theory to go to Swansea's court house and file papers there.

In this case while the computer which was broken into is in the US, the act of typing into a keyboard or pressing mouse keys was done in England. So the scene of crime is in England despite the facts the effects extended into the US. But the damages occured in the USA, so I think that the US military could sue him in a US court. I doubt if in either case the wronged party would get much money.


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Health is a state of physical, mental and social wellbeing and not merely the absence of disease or infirmity :alien: I am not a jigsaw, I am a free man !

Diagnosed under the DSM5 rules with autism spectrum disorder, under DSM4 psychologist said would have been AS (299.80) but I suspect that I am somewhere between 299.80 and 299.00 (Autism) under DSM4.


ed
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07 Dec 2008, 12:18 pm

This is a new area in the law. The Internet has made it possible for the average citizen sitting there in his living room to inflict damage on another country. This is a very serious problem. We need to put some real thought into this.

I think it should be settled by International Treaty. We need to come up with something that all countries would have to agree to in respect to hackers, terrorism via the Internet, etc. All countries would have to agree to condemn such activity, and to make it a priority to capture and punish the perpetrators. And I would impose strict sanctions against nations that do not do so.

I'm even naive enough to believe that this should be done through the U.N. :lol: