This is why we can’t have nice things…

The Internet is going haywire over the case of Gary McKinnon, the autistic hacker the U.S. is trying to extradite from the U.K. to stand trial for snooping around in NASA and Department of Defense computers seven years ago.

The U.K. is especially in an uproar, with McKinnon supporters screaming that an autistic man shouldn’t serve 60 years in prison, or that McKinnon shouldn’t be tried in the U.S., but in the U.K. instead.

If there’s one thing I’ve learned in reading about the McKinnon case, it’s how ignorant the rest of the world is about the United States. And make no mistake: They are ignorant. Appallingly so.

Let’s backtrack for just a moment:

McKinnon admits that he broke the law by hacking computers belonging to the Army, Navy, Air Force, Department of Defense and NASA between 1999 and 2002. He’s a UFO conspiracy theorist, who  took it upon himself to dig around in U.S. government computers in search of proof that the United States was hiding proof that UFOs exist (I’ve seen no report indicating he found such proof). While snooping, he left messages, warning he would continue to disrupt and accusing the government of being behind the attacks of Sept. 11, 2001.

Needless to say, he was caught. And since then, the U.S. government has been trying to bring him across the pond to stand trial. And, in the intervening years, he’s managed to be diagnosed with Asperger Syndrome, a form of autism. The maximum sentence for his crime is 60 years in federal prison.

To get a flavor of how the Brits are looking at the case, check out Henry Porter’s blog in the Guardian. To save you time, I’ll excerpt:

“…over 55 British defendants have been forced to submit to the often crude and vindictive criminal justice system of the United States. Sixty years for a rather hopeless individual who believes in UFOs is obviously absurd, and British law should have the ability to ensure that a citizen is not exposed to harsher treatment in America, then Americans accused of the same crime would face here.”

Absurd, Henry?

Here’s what’s absurd: Acting as if the U.S. should treat McKinnon with kid gloves because he’s a Brit. That’s absurd. The U.S. has a “crude and vindictive criminal justice system?” Really? We have trials where the accused is innocent until proved guilty. We have a system where Mr. McKinnon will be given attorneys to represent him at trial, to make sure he’s fairly treated. We have juries who are charged with hearing both sides of the story before judging a defendant’s guilt. Sure, our system is not perfect. But it’s not crude.

In fact, if Porter — or the myriad Internet experts — had done a shred of homework, here’s what they’d learn:

1. Though the maximum term for the crime McKinnon is charged with is 60 years, there is little to no chance he’ll actually receive that sentence. The maximum is reserved for the very worst offenders. It’s entirely possible that McKinnon would serve no prison time whatsoever.

2. Judges weigh many different factors in determining sentences. In this case, McKinnon’s mental state, his behavior since he was arrested, his mental state at the time of the crimes and the actual damage caused can all be considered mitigating factors.

3. If in fact McKinnon is sentenced to federal prison, it will most likely not be in a maximum-security facility with violent criminals, but in a medium- to minimum-security facility where white-collar criminals generally serve. In America, we call these “country club” facilities. Considering his special needs, he would be closely monitored for his own safety.

If McKinnon was inwilling to suffer the consequences of breaking U.S. law, he should have taken care not to break U.S. law. He was completely aware of what he was doing. He carried on, and should therefore suffer the consequences, whatever they may be.

The larger issue here is ignorance. The fact that Brits continue to holler about this case as though Americans have no other goal than to capture, beat and imprison a pathetic autistic man does nothing less than illustrate the arrogance and elitism — unwarranted, mind you — of Europeans, who believe we are uncivilized (we spell that with a ‘z’ here, thank you) barbarians following Hamurabi’s code.

When all is said and done, this case will prove to be much ado about nothing. McKinnon will serve about 18 months in Club Fed. And then he’ll go home. And it will be over.

But Americans should take note of what Europeans think of us. And we need to ask ourselves whether we prefer to bend over backwards to prove ourselves to them, or stand up for ourselves and lead by example.

I, for one, choose the latter.

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2 Responses to This is why we can’t have nice things…

  1. michael says:

    Gary McKinnon is a 43 year old who suffers from Asperger’s Syndrome. How mentally capable he is I do not know.
    Someone with his condition may well have been looking for evidence of UFOs.
    If McKinnon, with his problems, could do this, then enemy intelligence could probably do the same standing on their heads!
    McKinnon has embarrassed the US Military and shown them how easy it is to hack their systems. They should be grateful to him. In fact they should probably employ because he could do a better job of making the US military computers safe than the experts that they employ at the moment!!

    • asciidan says:

      I know at least a few people with Asperger Syndrome. None of them “suffer” from it. In fact, they are brilliant, though socially awkward. He is not a sociopath; he understands right from wrong. He knew he was breaking the law, and he certainly understands the consequences.
      He broke the law. Perhaps part of his sentence could include community service. But we ought not encourage hackers to break into government servers by showing them that we’ll hire them when they’re successful.

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