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British hacker Gary McKinnon has lost his latest High Court bid to avoid extradition to the United States.The US wants to try the 43-year-old, from Wood Green, north London, for what it calls the biggest military computer hack of all time, in 2001 and 2002.
Whether or not he can appeal to the UK Supreme Court will be decided at a later date, Lord Justice Burnton said.
He said it was a matter which should be dealt with "as expeditiously as possible".
Earlier threads
Hacker 'confesses' to avoid extradition from UK [webmasterworld.com]
From 2008 NASA hacker to make House of Lords appeal on Monday [webmasterworld.com]
BTW, one major reason thew US will not provide the evidence for the UK to prosectue is because of our (the UK) weak hacking laws. 2 years max, I believe. And the UK will not prosecute due to lack of evidence.
Multi-Nation prosections are possible, but many prosecuting authoroties (DA, CPS etc) just wont bother if someone has been prosecuted by a recognised jurisdiction. I believe this is sometimes formalised by treaty, for example within the EU.
I think the treaty is junk. No bilateral treat should be binding on one party. Either it comes into force or does not. But it was badly negotiated, and here we are.
I think extradition should require prima facie evidence. It does not. Badly negotiated, but what can you do?
I think extradition should be FOR A CHARGE. It isn't. Thats ridiculous, truly stupid. Again, it's all spilt milk. I hate it, but there you are.
The were two crimes commited. Computer Misuse in the UK, and presumably something REALLY SERIOUS in the US. But the US will not release evidence. Ironically, the CPS will not prosecute without evidence, but they will extradite to a country that still has the Death Penalty (the UK and Europe are really against this as a general rule).
To be honest, I think the guy should be tried in the US. I think a plea-bargain should be reached before hand. He did it, he knows he did, he admits he did, he just doesn't like the big scarey threat of life in prison. Apparently there is an agreement in principle, but the US are not bound to it once he steps foot on American soil. Madness again.
70 years is a massive maximum penalty. And I wish to be as diplomatic as possible here, but I would worry about a certain prejudice in the jury pool. A very odd, socially awkward foreign national who has admitted to hacking US systems? I think it would go ill for him.
