U.K. gov't to hear hacker's case against extradition to U.S.

McKinnon is accused of causing $961,000 worth of damage to computers by hacking into U.S. systems

By Computerworld U.K. staff

July 31, 2007 12:00 PM ET

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Computerworld UK - Gary McKinnon, the ex-systems administrator accused of conducting the biggest military hack of all time, has won the right to have his case against extradition to the U.S. heard by the U.K. House of Lords.

The decision gives McKinnon and legal team a fresh chance to challenge the extradition, having argued previously that the U.S. authorities acted in an "oppressive" manner to secure his removal from the U.K.

McKinnon has always maintained that, since the alleged offenses took place in the U.K., that is where he should stand trial. No date has been set for the House of Lords hearing, and he remains on bail.

"Gary McKinnon is delighted to learn of this important development," said his barrister, Ben Cooper.

McKinnon, who is accused of causing $961,000 worth of damage to computers by hacking into systems belonging to the Pentagon, NASA and the U.S. military from his home in North London, could face a life sentence in jail with no chance of repatriation if he is extradited to the U.S. (see "Massive hacking spree halted; man indicted ").

At a hearing in February that went against McKinnon, his lawyers claimed that under human rights law, he had a right to be tried in the U.K.

They accused U.S. investigators of trying to coerce McKinnon into accepting a secret plea bargain by threatening him with a long prison sentence if he did not collaborate.

McKinnon, who hacked into the U.S. systems shortly after the terrorist attacks of Sept. 11, 2001, is the first U.K. hacker to face extradition to the U.S. The case has been widely viewed as an attempt by U.S. prosecutors to deter other would-be hackers.

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