Self-confessed hacker Gary McKinnon has told UK prosecutors he will plead guilty to charges in the UK, a move that could help him avoid extradition to the US.
McKinnon has been accused by US prosecutors of "the biggest military hack of all time", after entering Nasa and Pentagon systems. His solicitor, Karen Todner, sent a letter to Keir Starmer, the director of public prosecutions, to say McKinnon would plead guilty if tried in the UK under the Computer Misuse Act (CMA). The letter was sent on 23 December, Todner told ZDNet UK on Monday.
"Gary has committed offences under the CMA, and has been diagnosed with Asperger's," said Todner. "I think it's time the DPP recognised that. Gary will plead guilty."
Todner said that under the CMA, McKinnon would receive a different sentence from the one he would receive if tried under US law, as in the US he would be prosecuted on charges of causing damage to military systems. She added that it is "generally accepted" McKinnon would receive a more lenient sentence in the UK. The Londoner currently faces trial in the US, pending the outcome of an appeal to the High Court.
The Crown Prosecution Service (CPS) told ZDNet UK on Monday that it had received Todner's letter. "We can confirm we received the correspondence, and are considering that correspondence," said a CPS spokesperson, who added that no timescale could be given as to when Starmer would make a decision about the prosecution.
At the time of writing, 80 MPs have given their support for an early day motion that the government request repatriation for McKinnon should he be tried and found guilty in the US. Prime minister Gordon Brown in November spoke publically about McKinnon, boosting hopes he would serve any sentence in the UK.
The self-confessed hacker, who was also known as 'Solo', is accused by the US government of hacking 97 US military computers and causing over $700,000 (£430,000) of damage by deleting files. McKinnon has never denied accessing the US army, navy, airforce and Nasa computers, but denies causing extensive damage. He claims he was initially searching for evidence of extra-terrestrial life, and later found evidence of anti-gravity projects. McKinnon faces up to 70 years in prison if found guilty by a US court and, as it stands, would serve his sentence in the US.
Talkback
He should be awarded and agencies should improve the security, moreover the agencies should hire him as security adviser :)
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Agreed. It appears that their system were no very well secured. How many people have been in them and never got caught. They are trying to exert their might in the wrong place. They should be securing their systems and preventing real threats, not wasting their time on on this and expecting this will solve their problems.
It's entirely likely that this prosecution is the result of refusal to cooperate in exactly this way. Of course that offer couldn't be made public without inviting a lot more attempts.
As for securing their systems, I'm sure they are working on that as well, but not pursuning identified hackers is just an invitiation.
Moreover, he's lucky that he did this in the US and not to UK systems where the 'Official Secrets Act' would apply. Key? what Key?
We are not letting you even speak to a lawyer until you provide the key. It's no good saying you don't have it. We are keeping you captive until you provide a key to unlock the encryption. ...good luck !!
Actually I was thinking more of "locking up and throw away the key," but yeah, you have the idea.