British Hacker Gary McKinnon Cries Guantánamo Too Much

UK hacker Gary McKinnon is getting a lot of play out of America's (sadly, well-earned) international reputation for bypassing due process and ignoring human rights in the War on Terror.

The U.S. is trying to extradite the 41-year-old man-child to prosecute him for penetrating over 90 unclassified Pentagon systems in 2001 and 2002 -- and allegedly crashing some of them. On Tuesday, he lost a challenge to the extradition order, and he's down to his final appeal before his countrymen put him on a plane to face American justice.

In interviews, McKinnon has admitted the hacking spree (though not the damage), which he says was a search for evidence of a military UFO cover-up. McKinnon, his lawyers and fans have portrayed him as a victim of overreaching U.S. prosecutors. They've all but claimed he's going to wind up with a pointy hood over his head.

From yesterday's press release by his lawyers:

The US originally attempted to coerce Mr McKinnon into pleading Guilty by offering him 6 months (12 months at worst) in a US prison and the remainder of a short sentence would be served in the UK, mostly on parole. The US now intends to prosecute Mr McKinnon as a cyber-terrorist, which could lead to him spending the rest of his life in prison in the US with repatriation to serve his sentence in his home country denied as punishment for contesting his extradition.

In fact, McKinnon's federal indictments in New Jersey and Virginia both charge him under 18 U.S.C. 1030, the same statute used against American computer intruders, who, while treated harshly, have thus far managed to keep out of Guantánamo Bay.

I predict McKinnon will do some time, and it'll be more than he deserves. But he's not going to be charged with terrorism, "cyber" or otherwise. He's certainly not going to get a life sentence. That said, McKinnon was nuts to turn down that sweet six month deal, and he'll be reflecting on that often over the next few years.

(Photo: W.Sharp)