McKinnon the scapegoat

Gary McKinnon’s fate is now bound up in cyberwar and matters of espionage as governments try and fai

After all the coalition posturing for the cause of Gary McKinnon, it looks like the government will not stop the autistic hacker's extradition after all.

The Prime Minister was applauded for discussing McKinnon with President Barack Obama in Washington on 20 July and later suggesting that the US might allow the hacker to serve any prison sentence in the UK. But this was a hollow victory. McKinnon's campaign was always about his extradition to the US, not whether he might serve time there, as David Cameron and other coalition MPs well knew when they made political capital from it before the election that brought them to power. The last government promised repatriation. Cameron has done nothing more.

The apparent injustice of this is greater than mere hypocrisy. To understand why, we must return to November 2000, barely three months before McKinnon was detected hacking US computers, when FBI agents performed an audacious hack of their own -- to collect evidence from computers in Russia.

The FBI hack has haunted US attempts to legitimise the cross-border collection of electronic evidence (known as trans-border access) ever since. Its illegitimacy was established in 2004 by the Budapest Convention on Cyber Crime, a US-backed cyberlaw treaty.

This was no surprise. The US helped design the treaty. The first draft was published six months before the FBI hack; the US signed it a year later, within weeks of convicting Vasili Gorchkov, one of the Russian extortionists.

In 2002, three months after a US court indicted McKinnon for hacking into US computers, the FBI hackers were decorated. Moscow reportedly responded by filing charges against the FBI agents in retaliation for their infringement of Russia's national sovereignty.

The evolving legal context was not overlooked in McKinnon's case. By the time the US requested his extradition in October 2004, the US/UK Extradition Act 2003 had entered into force. It allowed the US to order his extradition on less evidence than would normally be required to put someone before a British court. It promptly did so, citing evidence that, the high court heard last year, was insufficient to support its allegations.

Rough justice

Both cases illuminate the reasons why the progress of international cyberlaw, though slow in comparison with growing computer crime, has been plagued by concerns that it encroaches on established ideas of sovereignty, jurisdiction and human rights.

The problem is one of balance. On one side, a desire for justice to operate effectively in the computer age, when networks permeate our borders and so much of life transcends sovereign boundaries. On the other side, a desire for sovereign responsibilities and human rights not to be bowled aside in the rush for justice to operate at this height and at digital speeds.

These concerns were significant enough to trigger treaty reviews at both the United Nations and the Council of Europe, after 80 per cent of votes supported Russia's opposition to trans-border access at a UN meeting in April.

Hence also the proposed review of UK extradition law, under which prosecutors have justified the extradition of numerous people on flimsy evidence.

It all helps show how McKinnon's extradition rests on weak moral ground. Yet still the law leaves the government little choice but to let it proceed. A UK trial is permissible, if the US would agree to it. But even if the US evidence was good enough to stand up in a British court, neither government wants to stop the extradition.

Cyberwar

This is because the inherent insecurity of computer networks has now become a matter of national security. Computer breaches are a serious crime, Obama told Cameron, because they would increasingly leak valuable information. Within a week of that conversation, WikiLeaks had exposed 92,201 classified computer files with damning details of the US-led invasion of Afghanistan.

Nine and a half years after McKinnon was caught hacking, the threat of cyberwar and espionage makes his crime seem far graver than it ever was. The military can't secure its networks. It can't even tell the difference between organised hoodlums, foreign military agents and hobby hackers. As a result, all states can do is use punishment as a deterrent.

McKinnon will be strung up, metaphorically speaking, to demonstrate just how serious the US and UK are about protecting their networks. Computer systems won't be any more secure. Serious criminals and foreign states won't be deterred. But a semblance of justice will have been seen to be done.

As for actual justice, McKinnon's lawyers still have some appeals up their sleeves. The hacker's Asperger's syndrome may lead yet to his extradition being halted. That will be good enough for Cameron, so long as he can continue to give the impression he's working for McKinnon's cause.

Mark Ballard is a freelance journalist who writes about computer policy, crime, security, law and systems.

Read the full archive of the New Statesman's coverage of Gary McKinnon's case, in particular Sophie Elmhirst's exclusive interview.

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OK, let's do this: who REALLY won Legs-It? An exclusive investigation

Look, some of you just aren't treating this question with the seriousness it deserves. 

This morning, the Daily Mail front page dared to look past the minutiae of Brexit - can my EU partner still live here? Why is my holiday so expensive? Should we be worried that David Davis looks like a man who's ended up a minister because he lost a bet? - to ask the really big question. 

Yes, indeed. Who is Top of the Tibia? Who shines in the shin department? Which of these impressive, powerful women has lower limbs which best conform to our arbitrary beauty standards? 

In the accompanying article, Sarah Vine (herself the owner of not one, but TWO lower limbs) wrote that the women put on a show of unity with "two sets of hands clasped calmly on the arms of their respective chairs", disdaining the usual diplomatic practice of accompanying discussions about Article 50 with a solemn, silent re-enactment of the Macarena.

Vine adds: "But what stands out here are the legs – and the vast expanse on show. There is no doubt that both women consider their pins to be the finest weapon in their physical arsenal. Consequently, both have been unsheathed." That's right, people: Theresa May has been unafraid to wear a skirt, rather than a pair of trousers with one leg rolled up like LL Cool J. A departure for Mrs May, to be sure, but these are uncertain times and showing off just one calf might see the stock markets plunge.

The prime minister has come to the bold decision that her legs are the "finest weapons in her physical armoury", when others might argue it's the sharp, retractable venom-filled spurs on her fore-limbs. (Oh wait, my mistake. That's the duck-billed platypus.)

As ever, the bien-pensant left is squawking about sexism and avoiding the real issue: who really won Legs-it? Well, there will be no handwringing over how this is a belittling way to treat two female politicians here, thank you very much. We shall not dwell on the fact that wearing a skirt while doing politics is not really remarkable enough to merit a front page, oh no. Instead, we shall bravely attempt to answer that Very Important Question. 

Who really won Legs-it? 

1. David Cameron

We might not know who won Legs-It, but let's be honest - we all know who lost. David Cameron here has clearly concluded that, much like Andrew Cooper's pre-referendum polling results, his legs are best hidden away while everyone politely pretends they don't exist. 

Legs-It Rating: 2/10

2. Michael Gove

Fun fact: Michael Gove's upper thighs are equipped with sharp, retractable claws, which aid him in knifing political rivals in the back.

Legs-It Rating: 8/10

3. David Davis

Mr Davis's unusually wide stance here suggests that one leg doesn't know what the other is doing. His expression says: this walking business is more difficult than anyone let on, but I mustn't let it show. Bad legs are better than no legs.  

Legs-It Rating: 6/10

4. Boris Johnson

Real talk: these legs don't really support Boris Johnson, they're just pretending they do to advance their career. 

Legs-It Rating: 6/10

5. George Osborne

Take in these long, cool pins. These are just two out of George Osborne's six legs. 

Legs-It Rating: 9/10

6. Liam Fox

In the past, Liam Fox has faced criticism for the way his left leg follows his right leg around on taxpayer-funded foreign trips. But those days are behind him now.

Legs-It Rating: 10/10

7. Nigel Farage

So great are the demands on the former Ukip leader's time these days, that his crotch now has a thriving media career of its own, independent from his trunk and calves. Catch it on Question Time from Huddersfield next month. 

Legs-It Rating: 7/10

Conclusion

After fearlessly looking at nine billion photos of legs in navy trousers, we can emphatically conclude that THEY ARE ALL BASICALLY THE SAME LEG. Life is great as a male politician, isn't it?

I'm a mole, innit.