McKinnon could face UK prosecution

 

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By Stuart Turton

Posted on 12 Jan 2009 at 12:33

Gary McKinnon could be prosecuted in Britain, following a surprise move from his lawyers.

McKinnon's lawyers have written to the Crown Prosecution Service (CPS) claiming their client will plead guilty to hacking US defence and NASA systems throughout 2001 and 2002.

If the CPS chose to initiate criminal proceedings, McKinnon would be tried under the UK's Misuse of Computers Act, making extradition to the US extremely unlikely.

The Crown Prosecution Service says it is considering the offer.

McKinnon has been fighting a long battle to avoid extradition to the US where he would stand trial for what authorities have described as the "biggest military hack of all time".

He stands accused of penetrating the defences of 97 Pentagon and NASA computer systems. During the hacks, prosecutors claim he damaged systems and stole sensitive files.

While McKinnon doesn't deny he hacked the systems, he maintains he was simply looking for proof of alien existence, and caused no real harm. He has also been found to suffer from Asperger's Syndrome, which his defence team have offered as mitigating circumstances for his actions.

Extradition to the US could see McKinnon face up to 70 years in prison, according to his lawyers. They are fighting the sentence, claiming that it would be a breach of his human rights. McKinnon argues he will not receive a fair trial in the US, after a senator claimed he would "fry".

McKinnon has already lost appeals before the House of Lords and the European Court of Human Rights.