funsec mailing list archives

Re: BBC: UK hackers condemn McKinnon trial


From: "David Lodge" <dave () cirt net>
Date: Tue, 09 May 2006 23:25:15 +0200

On Tue, 09 May 2006 22:30:24 +0200, <Valdis.Kletnieks () vt edu> wrote:
On Tue, 09 May 2006 18:40:49 +0200, Florian Weimer said:
Is Mr McKinnon a citizen of the United Kingdom?  If yes, why does the
UK extradite its citizens?  IMHO, this is a very strange thing to do
for an independent nation.
So - does the UK recognize "hacking a military computer" as a crime? If
so, McKinnon is probably extraditable.

First, IANAL

As Dr Solly said CMA. Punishable by up to 5 years in gaol or a fine: http://www.opsi.gov.uk/acts/acts1990/Ukpga_19900018_en_2.htm#mdiv1

It all depends though on whether the US want to try it as Terrorism act though - that hold much stronger sentencing under out legal system. (Though this is debateable as to whether it is Terrorism under UK law - but I haven't looked at the Terrorism laws.)

Though I'm interested in how the scope of the laws pander out. UK CMA means that you commit a crime if you know that the access is unauthorised (you don't need to crack - if I use your computer without permission and there's an appropiate warning, I'm breaking the law)! But there must be notice that your access is unauthorised.

This is why I can safely flout the DMCA, but if I do that, then travel to the US I'm risking an arrest when I get there, and why Bush (and Blair) should be concerned once they leave office: they may be arrested if they travel to a few of the countries that have declared Gulf War II illegal.

International Law, you've got to love it, haven't you :-)

dave
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