The European Court of Human Rights has rejected the appeal of British hacker Gary McKinnon, opening the door for him to be extradited to the United States within weeks.
McKinnon is accused of carrying out “the biggest military hack of all time” and could face up to 70 years if convicted in the U.S. for hacking the computers of the Pentagon, U.S. army, navy and NASA which caused $700,000 worth of damages. McKinnon has said he was searching for evidence of U.F.O.’s
“The appeal is lost,” Karen Todner, a lawyer for Mr. McKinnon, said, according to Reuters. “He is completely distraught, all of them are, his family, his girlfriend.”
McKinnon had asked the European Court of Human Rights to prevent his extradition to the U.S. arguing that he could face inhumane prison condition if found guilty here.
Todner said McKinnon would appeal to Home Secretary Jacqui Smith to try to convince her to reconsider a previous decision to prosecute her client in the UK. She said if that fails he would likely be extradited to the U.S. within three weeks.
She said her client had recently been diagnosed with Asperger’s Syndrome and hoped Smith would consider that information.
McKinnon lost his appeal in July in Britain’s highest court, the House of Lords, which ruled the seriousness of the charges would carry a maximum life sentence under English law.
McKinnon’s lawyers in that case said it was not handled properly by prosecuting authorities. “We believe that the British government declined to prosecute him to enable the US government to make an example of him. American officials involved in this case have stated they want to see him ‘fry.'”