British hacker should not be extradited to US, Lords told

A British man who allegedly hacked into the Pentagon's computernetwork should not be extradited to America because US prosecutorstried to intimidate him into cooperating with them, the House of Lordswas told today.
Gary McKinnon, a systems analyst who faces up to60 years in jail if his extradition goes ahead, was the victim of anabuse of process, the panel of five law lords was told.
The44-year-old is accused of causing £475,000 in damage by hacking into 97computer systems operated by the Pentagon, Nasa and elsewhere in the USmilitary.
McKinnon, a self-taught hacker who operated under thename Solo, admits accessing the computers but insists he only did so totry to find evidence for UFO landings, and that he was only able togain access because of lax security.
His activities, described byBritish prosecutors in 2005 as the "biggest ever military computerhack", were carried out using a low-speed dialup connection from a roomin his girlfriend's aunt's house in Crouch End, north London.
McKinnonwas first arrested in 2002 but has never been charged in the UK. Lastyear, he lost a high court appeal against a government decision togrant his extradition to the US.
Addressing the Lords today,his lawyer, David Pannick QC, said McKinnon was told by US authoritiesthat unless he agreed to plead guilty and to extradition he faced amuch heavier jail sentence.
A US embassy legal officialinvolved in the case had also quoted New Jersey authorities as sayingthey wanted to see McKinnon "fry", said Pannick, an apparent referenceto the electric chair.
It was "not in dispute" that a UK courthad the power to turn down an extradition if it was thought there hadbeen abuse of process, Pannick told the law lords.
"The USprosecutors sought to impose pressure on the appellant through hislegal advisers to consent to extradition and plead guilty," he said.
McKinnonwas told that if he cooperated he would receive a jail sentence ofbetween 37 and 46 months and would be repatriated to the UK forpossible parole after half this time, the lawyer said.
"Bycontrast, the appellant's representatives were told that if theappellant declined to cooperate, this sentence would be in the regionof eight to 10 years, possibly longer," Pannick said, adding that onethreat was to treat the matter as a terrorism case, resulting in apossible 60-year term.
US officials additionally said anytransfer to the UK would also be ruled out if McKinnon foughtextradition, Pannick told the law lords.
"This was pressure of an unacceptable degree," he said.
A judgment is expected within three weeks.