The issue has never been whether McKinnon hacked into US military computers in 2001 and 2002. He long ago admitted this, but claimed that he was not looking for military secrets, merely looking for evidence of UFOs. The issue that has divided a nation is not the hack, but whether the US/UK extradition laws are equitable, and whether a crime committed in the UK should be tried in the UK. On both counts, critics suggest that if the same situation were reversed, the US would never extradite to the UK. Those in favor of his extradition say the law is the law, and the rule of law must hold sway over sentiment.
Much of the anti-extradition argument has focused on McKinnon’s health. He is an aspergers sufferer and thought to be a suicide risk in a US jail (where he faces a sentence of up to 60 years). This has led to considerable public support from leading politicians. Both prime minister Cameron and deputy prime minister Clegg have previously voiced support as part of their election campaigns. Today the BBC reports that McKinnon’s member of parliament threatened to resign if the decision goes against him. "From Gary's point of view,” he said, “there’s no plan B. It's the fact of extradition, once that decision is made then as far as he's concerned that's the end of his life. That's his firm conclusion, it's been verified by medical experts and that would seem compelling human rights grounds. He's going to take his life, what greater human right is he going to lose?”
Now the wait is over. McKinnon will not be extradited.
This result will give some hope to Richard O’Dwyer, another UK citizen faced with extradition to the US for a computer-related crime not committed in the US. In O’Dwyer’s case the accusation relates to copyright infringement, by operating a website linking to copyrighted material.
May also announced an overhaul to the extradition laws to include a ‘forum bar’. The idea is that in the final analysis it will be left to the courts to decide on the fairest jurisdiction for a prosecution. This facility already exists in the 2003 Extradition Act but has never been implemented.