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Government breathes fresh life into Gary McKinnon case

by Dave Neal

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09 Sep 2010

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The government is to review the extradition situation between the UK and the US, prompted by cases such as the tug of war over accused hacker Gary McKinnon.

In a speech in the House of Commons, home secretary Theresa May said: "I am today announcing to parliament the government's plans to review the UK's extradition arrangements", before acknowledging the flack that it has faced over McKinnon's and others' possible treatment in the US.

"There are a number of areas of the UK's extradition arrangements which have attracted significant controversy in recent years," she noted, explaining that perhaps there is a need to give the UK some discretion in its extradition requirements.

The review will also consider "whether the US-UK extradition treaty is unbalanced". May said that the laws would be subject to review, and that she expected this to be completed by the summer of 2011.

McKinnon faces up to 60 years in a US prison if found guilty, but could get a much lighter sentence if he is tried in the UK. His case, in which he is accused of hacking into NASA systems, has become a cause célèbre, with Nick Clegg and David Cameron both coming out in support.

However, despite his case being raised time and time again, moves to prevent McKinnon's extradition have failed. The latest twist could change this, although the review will not conclude until next summer.

Graham Cluley, senior technology consultant at Sophos, welcomed the review. "The outlook seems to be brightening for McKinnon, with many feeling that the change in government has brought a more sympathetic view to the proceedings," he said.

This may seem a surprising response, particularly from a security professional, but Cluley is following what seems to be a common trend in the industry. In a survey, Sophos found that the majority of IT professionals feel that McKinnon should be tried in the UK.

"I'm pleased to hear that things seem to be moving in his direction. It would be wrong to make an example of a UFO conspiracy theorist when serious crimes are still being carried out by financially motivated hackers, stealing identities, sending spam and creating botnets," Cluley said.

"I've never seen such a high level of support for a hacker from the very people who are normally fighting hackers. Whether you agree with McKinnon's supporters or not, you can't help but be impressed by the campaign that has been running for years, raising awareness of his plight and getting numerous celebrities and national newspapers onside in their fight against extradition."

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