Hacker step closer to extradition to US, why?

1

The case goes on: the US wish to extradite Mr McKinnon because he hacked into their computers causing, according to them, hundred's of thousands of dollars of damage. He claims he was looking for info on UFO's. Hacking is illegal and often has serious consequences. Most people know that and I don't think the McKinnon legal team can dispute there is some case that some kind of crime was committed however the real issue remains: where are you liable for the virtual crime you commit? Have we gone mad - unless Mr McKinnon had expressly done something like stolen all their defence secrets and sold them to Saddam Hussein, in which case I'm sure he would be being released from Guantanamo right now, he allegedly committed a computer on UK soil so prosecute him on UK soil. Why can the US government not take him to court in the UK? Because they wish to apply their laws on him and make a big a deal as possible.

I'm sure that this isn't the first case involving an internet crime over international borders however it's the first that's made me think, if I wallow a little in this legal illogic, there are potentially up to three territories in an internet hacking crime takes place:-
1) where the hacker physically was when he/she committed the act
2) where the "victim" is located (if in another country), and
3) where the "victim's" servers are located (if their website is hosted in a 3rd country).

In this case, it would be fairly certain to say that the US Navy and NASA's computer servers would be on US soil, and we know the US is not in the UK however often we don't know and more to the point how should we know, when we're sitting in our home or office, the laws of another country. If a US citizen hacked a Chinese, Iranian or a North Korean government website, causing some inconvenience (which is really the $ cost of Mr McKinnon's actions), would the President Barack Obama let these countries extradite their citizen? I doubt it.

I say this extradition is nuts and the failure of the European Court of Human Rights and the British legal system to stand up is a right failure indeed. The accused allegedly perpetrated a crime in the UK, let him be tried in the UK and, if convicted, let him serve his sentence in the UK.


Comments

Hacker Gary McKinnon will receive no pity, insists US (Telegraph 26/7/2009)

http://www.telegraph.co.uk/news/uknews/5907994/Hacker-Gary-McKinnon-will...

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