Thursday, September 04, 2008

I am here - or am I?

You may or may not have heard of Gary McKinnon. He is, in his own words, a "bumbling computer nerd" who managed with embarrassing ease to hack into the computer systems of NASA and the Pentagon. He did all this from his flat in London. He has never denied doing what he did, or that it was illegal, but always maintained that his purpose was not to damage these computer networks, but merely to carry out research into UFOs and his belief that the Americans were concealing access to alien technology. The question is, where did he commit his crime? Logic would suggest that he did it here, in this country, sitting at his computer in London. The Crown Prosecution Service however, for whatever reason, have not brought charges against him. So that should be that, shouldn't it? Well, apparently not so. The US have determined that - although he has never set foot there - he has committed a crime in the US, and have instigated extradition proceedings. He has unsuccessfully appealed against these to the courts here and to the European Court, and it looks likely that he will indeed be sent to America to face charges there. So...? Well, quite apart from the very real possibility that the American courts will seek to "make an example" of him, it raises the very vexatious question of just where a "computer offence" is committed. Given that most of us these days are connected to the internet, and accessing sites in other countries as a matter of course, this is something which badly needs sorting out, and I don't think this case helps at all.

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