'Pentagon hacker' loses appeal

2007-04-03 16:44

London - A Briton lost an appeal on Tuesday against extradition to the United States for allegedly hacking into US defence computers in what has been dubbed the "biggest military hack of all time".

Gary McKinnon, an unemployed computer expert who lost his appeal in the High Court, said he was searching for evidence of Unidentified Flying Objects (UFOs) when he hacked into US computers and was not intending to disrupt security.

Lord Justice Maurice Kay and Justice John Goldring dismissed his challenge, saying: "We do not find any grounds of appeal."

However, Ben Cooper, representing the 41-year-old McKinnon, said he would now try to have the house of lords, Britain's highest court, hear the case, including an alleged threat from US prosecutors that "he would fry".

Home secretary John Reid last year granted the US request to extradite him for trial, but the defendant's lawyers argued that the move would breach his human rights.

His supporters say McKinnon is being made a "scapegoat" for the shortcomings of security policies on US military networks.

Suffering 'ill health'

A US indictment alleges he deleted material from computers at US naval weapon station Earle at a critical time following the September 11 2001 attacks, shutting down the base's entire network of more than 300 computers.

McKinnon and his lawyers expressed fears he could be held indefinitely without trial along with hundreds of terror suspects in the US Navy's prison camp in Guantanamo Bay, Cuba.

Cooper also said that McKinnon had been suffering from ill health during recent court hearings and was still receiving treatment from doctors.

But the US government said it had given assurances to the British government that it would not make McKinnon subject to "Military Order Number One", which allows the US president to detain suspects indefinitely.

McKinnon was indicted in November 2002 by a federal grand jury in Alexandria, Virginia on seven counts of computer fraud and related activity, the US justice department said on its website.

If found guilty in the United States, McKinnon faces on each count a maximum sentence of 10 years in prison and a $250 000 fine, it said.

Using software available for download on the internet, McKinnon allegedly hacked into computer networks operated by Nasa, the US Army, US Navy, department of defence and the US Air Force from 2001 to 2002.

'Regrets' access to US computers

The estimated loss to the various military organisations, Nasa and the private businesses was about $900 000, it said.

McKinnon was first arrested in 2002 before action against him was discontinued. He was arrested again in London in June 2005 by the extradition unit of the metropolitan police.

McKinnon denied the damages he was alleged to have caused, claiming it was impossible for one person to bring down an entire computer system, though he has admitted to "unauthorised access" to US computers, which he regretted.

- AFP