Op-Ed: Hacker Highlights the Irrational Reaction to Terror Threat

Gary Mckinnon - a UK citizen - has lost his case against extradition to the USA to face trial over his hacking of the Pentagon and NASA computer systems.

This case shows up the irrational fears of both the UK and the USA. Mckinnon began hacking these networks before 9/11. Once in he sent a message saying "your security is really crap", and investigated UFO files. At all times he made it clear he was hacking out of curiosity, simply to see if he could, and never viewed security files. Though - with or without the terror threat - such action, particularly the viewing of classified information, must be viewed as serious, both nations have gone completely overboard. The UK, desperate as ever to appease the US, have handed him over. In response to defence claims Mckinnon could not be guaranteed a fair trial the judge said:

The difference between the American system and our own is not perhaps so stark as the appellant's argument suggests

While the two legal systems are generally fair, the US have some laws, pertaining to this case, that a judge should have condemned. Because he hacked national security software (albeit pre-9/11, and without looking at national security files) he could stand trial under terrorism charges, could, in theory be placed in Guantanamo Bay. This is unlikely but there are certainly neo-con judges out there who would love to screw such an arrogant foreigner. One New Jersey prosecutor said he would like Gary to 'fry' for his crimes. The fact that Guantanamo looms over the US justice system today means in theory an extradited suspect can be tortured, and thus under the EU Human Rights Act no one is legally allowed to be deported or extradited there. But the UK/US relationship is not governed by normality. Despite occasional brazen flouting of their obligations to the UK, the US is seen as unchallengeable, to the point where you wonder if perhaps the entire country lost a bet some years ago. In the UK his punishment would be mild. In the US a few years ago he might have been rewarded with a job, as others have been. Today - with the eyes of the powerful seeing terrorists everywhere - such a crime will carry a severe penalty. His extradition would not have been so important if not. One geeky hacker, with no links to terrorists, will lose many years of liberty because his spineless government handed him to a regime that is absolutely petrified of its own weakness. This fear is going to motivate them to react violently, even if terror charges don't wash. They feel their nation is threatened on all sides, hence the willingness of some to push for the death penalty for a man who did nothing but show up flaws in their security. Hopefully new governments will be in power in both nations soon. These ones seem tired and confused, seeing demons everywhere, and too petrified to do anything but fight.