08 May 2007

Eversheds

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Hacked off to the US

In a move demonstrating the seriousness with which the US treats hackers, the Divisional Court has upheld the District Judge and the Secretary of State's decision to extradite a British man to the US to face computer hacking charges.

In the period between February 2001 and March 2002, Mr. McKinnon, acting from his own computer in London, is said to have gained unauthorised access to around 100 computers belonging to and used by the US Government. Apparently, Mr. McKinnon deleted data and copied some files onto his own computers, including some operating systems files containing account names and encrypted passwords. The cost of repair to the US computers was over $700,000.

The case is a salutary lesson on the power of the Extradition Act 2003 which, in contrast to its predecessor legislation, requires no decision by the English Court as to whether there is sufficient evidence to "make a case requiring an answer". Therefore, only in very limited circumstances will an English Court be required to review the evidence and make a finding as to whether that evidence is sufficient to justify a committal to trial.

In many respects, the fact that the original extradition orders were upheld is not surprising, given the terms of the Extradition Act 2003. However, what it does show is that the US authorities are taking the pursuit of possible hackers very seriously. It has been reported that Mr. McKinnon will appeal the decision.

Claire Frater

Associate
Newcastle
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Mobile: +44 7718 781 562
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