Gary McKinnon: Scapegoat? Public Enemy?
August 30, 2008 by Kristina Chew, PhD
Filed under Health
Gary McKinnon allegedly hacked his way into 97 computers belonging to NASA, the Department of Defense and several branches of the military, shortly after 9/11 occurred. The Associated Press says that the European Court of Human Rights has cleared the way for McKinnon, who is British, to be extradited to the US where he would face eight charges of computer fraud. McKinnon allegedly shut down the U.S. Army district responsible for protecting Washington, D.C., and cleared logs from computers at the Naval Weapons Station Earle in New Jersey, which “tracks the location and battle-readiness of U.S. Navy ships.” McKinnon was recently diagnosed with Asperger’s Syndrome.
According to the July 30th Wired, McKinnon’s hacking activity was “a search for evidence of a military UFO coverup”; Wired also suggests that McKinnon has “persuaded the more gullible sectors of the British press that American spooks want to ship him to Guantanamo, or put him in prison for 60 years.” Says his lawyer, Karen Todner, “‘Our client now faces the prospect of prosecution and imprisonment thousands of miles away from his family in a country in which he has never set foot.’”
McKinnon could potentially serve 10 years in jail and pay a $250,000 fine for each charge, though it’s reported that he might receive a lighter sentence. Is he a scapegoat or a public enemy, as CNET asks?
I am sick and tired of hackers using “AS” or “autism” to defend clearly illegal and potentially dangerous activities. From a Linux file system coded by a murder who used the AS defense to this apparent nutcase who was “merely” trying to prove a UFO coverup.
Many black hats, especially the extremely anti-social hackers and phreaks the NYT recently profiled, lack any real social sense of responsibility. The “professional” trolls and their ilk are even worse. And yet, most recent articles make some reference to autism or Asperger’s Syndrome.
Enough already. We get it. Computer geeks have autism. Be afraid… very afraid.
http://www.tameri.com/csw/exp.html
When I decided to research autism and technology in education, the reason was my own interest in technology: computers were a tool that set me free to explore the world and write.
Now, when I mention computers and autism, at least one or two people in the audience mention “hackers.” Hacking used to mean making your own systems or modifying (modding) systems.
How I miss the “old days” of the 70s and 80s.
However there is no justice in the USA.
Sometimes the prejudice of my autistic compatriots appals me the total lack of understanding, “the I’m all right jack” attitude displayed by CS Wyatt and others
Hacking is illegal and should be punished, no disagreement, but not by deporting someone to a foreign country where justice is not likely to be served, because all that the USA seeks is retribution. Our cowardly Government has yet again caved in to US hegemonic pressure to deny this man’s human rights to be tried in this country.
The guy is not a murderer for heaven’s sake trying to plead AS as a last resort, I believe this guy’s case it sounds entirely plausible to me, considering the lengths which I know some people to pursue there special interests.
In fact the guilty ones are the Pentagon, for having such lax security, will the software engineers (whether they have AS or not too) be persued and prosecuted for there flawed security systems? I doubt it any more than those Civil servants and military personell in the UK who have lost data through the most casual and careless of ways, sending CD’s through the post, losing laptops on trains etc.
Gary McKinnon is being scapegoated, and before you star moralising about it, would you not want a campaign to save you from the worst ravages of rough justice if it were you. You never know who might be next, so stop this I am holier than thou nonsence right away and do something
C.S. Wyatt, thank you for expressing your perspective.
As a comparison is the case Owen Thor Walker of New Zealand, who admitted to taking part in an international cyber-crime ring. Charges have been dropped against him (he’s been ordered to pay $10,000 (£5,000) in damaged and to turn over his computer-related assets), and now police are “nterested in using his skills to fight cyber-crime.”
“Hacking is illegal and should be punished, no disagreement, but not by deporting someone to a foreign country where justice is not likely to be served, because all that the USA seeks is retribution. Our cowardly Government has yet again caved in to US hegemonic pressure to deny this man’s human rights to be tried in this country.”
While I’m no fan of my government, and this particular justice department, I’m also not a fan of labeling an entire nation as Larry seems to be. The crime was committed in the US, not the UK. Treaties are in place for these types of illegality for a reason. The US extradicts people to the UK all the time as well, its not caving in for the UK to do this, its just keeping its word when it agreed to the treaty.
So its the crime victim that is at fault? That’s silly. Lots of faulty reasoning in this argument. Sometimes “blind patriotism” can make people say silly things.
Agree with Larry about the deportation. However, if this bloke is persuading the gullible, then Aspergers doesn’t look like the right diagnosis at all. Manipulative sociopath anyone?
“Sometimes the prejudice of my autistic compatriots appals me the total lack of understanding”
Me too, but for different reasons.
Of course, those responsible for computer security in these respective agencies bear some blame for this. But failing to do one’s job optimally is not a crime, assuming there was no delibrate intent behind it. These people deserve to be investigated by their employers, because they haven’t done their job properly, but it’s not a possible crime in the way that McKinnon’s actions were. So I’m a bit confused by the claim that these security workers are “really” the guilty ones. If I leave my door unlocked, it’s still a crime to go in and take stuff that doesn’t belong to you.
If the laws are overly harsh, then they need to be changed for everyone’s benefit, not just those who trot out AS as a defense. Yes, those responsible for law enforcement should consider this man’s motives, but everyone is entitled to the same consideration.
The “human rights” of a hacker are unlikely to be violated in a US court. Usually, there is a basic plea bargain involving a shift to “do good” with the skills, a minor fine (relatively speaking), and minimal prison time. And yes, I have had friends in prison of this sort… and have a very close friend who teaches in such a place.
Regardless, my point is that I am tired of the “autism” excuse. I know when I have violated the law or my ethics. When I thought the a firm I worked for as VP/Information was misusing technology and defrauding clients, I walked away.
I could never close every hole in some computer networks. As people are slowly realizing, even the DNS was created on a basis of TRUST. It has no real security. The Internet was built to share data, not secure it. Look at the gaping holes in wireless security — to close them would cut wireless speed by 30 to 70 percent.
Do “curious autistics” require that we all bolt every system at the price of performance? What the heck does autism have to do with demanding better security protocols? Why mention the autism???
Sure, military systems *should* be perfect, but having worked on them I realize perfection is impossible. (You try to rush a requisition through the military on a contract job.)
If I leave a book on UFOs on the front seat of my unlocked car, it is still my book. Stealing it is wrong. Period. Having an obsession with UFOs doesn’t mean you can steal the book and be forgiven.
You don’t take what isn’t yours, and you certainly don’t go poking about government systems imagining you’ll do no harm.
I’ve dealt with systems so large they occupied an entire former grocery store. (100,000 sq. feet.) You can imagine the backup nightmare. There was a minimum of three to four of everything, all “hot-swappable” in an instant, plus multiple generators.
But… bad data was bad data. Someone “accidentally” damaging data could have cost us months of effort.
Wrong is wrong. This wasn’t someone trying to prove a plot to destroy nations or to uncover horrible experiments on soldiers (things great reporters have uncovered). This was a UFO zealot hopping about servers using holes we know are hard to close.
Knowing which doors are easy to pry open doesn’t make robbery or trespass less of a crime.
My point, repeated: Using “autism” or “Asperger’s” as an excuse feeds biases against those of us diagnosed and working in the tech industry. It breeds fear and distrust. All I have is my reputation when I do research or work on sensitive data. If people don’t trust me, for whatever reason, I’m out of work.
As I research autism and technology, the irony is having people on the spectrum not trust what I might do with data or access to computer logs. All based on stories about autistic hackers.
This media trend just furthers the notion that autism is equal to a lack of moral judgment.
I have reliable information at this time that the AS diagnosis is legit, it is not copping a plea and I am not prepared to say any more at this moment.
CS you are almost as bad as Joe Mele as a poor representative of the conditioned response of a US citizen you are just not credible in any way.
Never said that hacking is wrong, never said that there ought to be a punishment but it should fit the crime.
The US has executed minors and people of limited cognitive ability, it has used barbaric means of execution, it has justified torture.
Yes the UK has done that too and other European countries I own to that but I do think we have learnt from our experiences.
Was the verdict in the Rodney King case fair, was the verdict in the OJ Simpson Case, it is trial by media and predjudice.
I at least have the guts to tell our Government what I think.
When I can see your appreciation of the finer issues of jurisprudence I will reconsider,
Incidentally long ago and far away in that foreign country of the past, my first desire was to study law.
Oh BTW CS you are irrelevant, a by product of your culture, who needs to think a little, and perhaps to read a lot. You may call me a UK atavist rebelling against your misconcieved rebellion back in the 1790’s it was all about tax wasn’t it and the enlightened ones never really got it together by the end of the day Mr oh so perfect you cant climb the staircases at Montecello cos I Tommy boy don’t give a shit about you, Jefferson with me slaves to carry me when my muscles give out. Oh yeah well do we blame him for his historical complicity with slavery and ableism or his possible construction as an aspie hero, It is all bullshit.
CS be thankful at least you don’t live in Zimbabwe, someone could make a law tomorrow to make your right a wrong and it would not matter if nobody told you about it in advance you would be screwed just the same.
Convince me please that you are some aspie ubermensch and immune from it all, I see no evidence. If you can’t read Foucault read Althusser at least.
L
Wow, attacked by Joe calling me a socialist and now attacked by Larry as some sort of “Ugly American”, the OJ trial, American Slavery, and so forth. Seems the right wingers don’t much care for me as I’m a leftist and the UK Larry wants to blame me for things simply due to my nationality. Larry blames me for the very things that make the Joe’s and other right wingers hate me for not supporting.
Larry, the revolutionary war was more than 200 years ago. By the way, I’m half English as well so you should probably blame me for things you don’t like about your own racial culture. The other half is Dutch so I’m sure I could probably be blamed/held responsible for something they did as well. I believe the English side of my family came to America as indentured servants, no doubt because they were born into a lower class in England which I’m sure were beneath your own.
Group blaming is really beneath an educated man such as yourself and exposes some really ugly prejudices and says something about how you look at other people that may be different from yourself through no fault of their own.
I have no opinon on Mr. Cottrell, don’t know the case, however, he is not likely to spend time in jail, he’s more likely to be offered a job by the defense department. I offer no opinion on this case at all. I’m not privy to the facts. I only comment on the obvious prejudice that reared its ugly head in the comments.
Mr. Arnold, I’m accused in my own country for being unpatriotic, a terrorist sympathizer, a left wing looney. To have you accuse me of these things and millions of other Americans who think otherwise more similar to your views on morality, is what is so very rich. The simple fact that you don’t know my views didn’t stop you from labeling me the exact opposite of what I am, for the very simple reason that I am an American. You proved your own point by exercising the exact same type of judgement you feel Mr. Cottrell has been subjected to, you subjected me to. That’s a bit hypocritical.
Larry, how about this. I’ll judge you based on your individuality, not your nationality. I hope you extend the same to other people as well.
@CS….
I am increasingly accustomed to being accused of all manner of beliefs not my own. As a business owner, I must have been a capitalist pig. (That I sold books and coffee makes no difference. That folk music on weekend was a ruse.) As a college instructor, I must be a leftist radical, brainwashing youth.
Our divisions have reached the point of absurdity. Those, like myself, in the “radical middle” are accused of not caring enough by one side and caring too much by the other — depending on the specific issue.
So, yes, we will be called names. How dare we place any faith at all in mankind. How silly of me to state that my autism and my other physical injuries do not entitle me to break various international and national laws.
Read philosophy? Heck, I teach in a rhetoric department at an R1 university and am a freelance writer/editor. Understand politics and media? I interned at both ABC News and Gannett Newspapers.
No, it’s just easier for someone to slap labels on us, call us ignorant Americans, and assume that because there flaws in our system that we must be horrible people.
I’m just an average, ugly American with high-functioning autism.
I’m sure I don’t agree with “CS” on much, due to my libertarian streak. I’m too interested in simple, basic, moderation. But, I can say from reading his site that he is thoughtful and quite apart from the far-right nuts we also host as a nation.
Accusing him of ignorance or linking him to the mercantile class of our Revolutionary War is silly.
Autism is a set of traits. That’s all it is. The question of why we mention it in legal cases is not unreasonable. It’s like mentioning race. “Oh, well those purple people just can’t help but be hackers.”
As I said, don’t agree much with CS politically, but am darn glad he’s in the U.S. to fight the good fight.
McKinnon has lost his appeal to the European Court of Human Rights and faces immediate extradition and trial in the US, possibly under charges of terrorism.
September 26th Guardian reports that autism experts, politicians, lawyers and civil rights campaigners are urging home secretary Jacqui Smith to intervene in McKinnon’s case, so he can be tried in Britain rather than being extradited to the US.