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Hacker loses extradition appeal

British hacker Gary McKinnon has lost his latest High Court bid to avoid

extradition to the United States.

US authorities want to try the 43-year-old, from Wood Green, north London, for

breaking into US military and Nasa computers in 2001 and 2002.

Mr McKinnon admits hacking, but denies it was malicious or that he caused

damage costing $800,000 ( 487,000).

He had challenged refusals by the home secretary and director of public

prosecutions to try him in the UK.

'Lawful and proportionate'

If the law says it's fair to destroy someone's life in this way then it's a

bad law.

Janis Sharp

Glasgow-born Mr McKinnon had asked the court to rule on whether the CPS was

right to say he could not be prosecuted in the UK, and also whether his

Asperger's Syndrome meant he could not be extradited to the US.

But, in a 41-page ruling, the judges said extradition was "a lawful and

proportionate response to his offending".

He faces up to 70 years in prison if convicted in the US of what prosecutors

have called "the biggest military computer hack of all time".

He has always insisted he was looking for classified documents on UFOs which he

believed the US authorities had suppressed.

Speaking outside the High Court, his mother, Janis Sharp, said her son had been

"naive enough to admit to computer misuse without having a lawyer and without

one being present".

"We are heartbroken. If the law says it's fair to destroy someone's life in

this way then it's a bad law."

US-UK EXTRADITION TREATY

2003 treaty, agreed in aftermath of 9/11 attacks

Offence must be punishable by one year or more in jail in both countries

US has to prove "reasonable suspicion" for extradition of a British citizen

To extradite an American from the US, British must prove "probable cause"

Since 2004, 56 people have been sent from the UK to the US for trial, and 26

for US to UK

US courts have granted about 70% of UK extradition requests, while nearly 90%

of US requests have been granted

Mr McKinnon accessed 97 government computers belonging to organisations

including the US Navy and Nasa.

In February the Crown Prosecution Service refused to bring charges against Mr

McKinnon in the UK.

The decision followed a ruling last October by then Home Secretary Jacqui Smith

to allow his extradition.

Mr McKinnon has already appealed unsuccessfully to the House of Lords and the

European Court of Human Rights and his latest judicial reviews in the High

Court are likely to be his last chance.

His lawyers say the authorities have not given proper consideration to his

Asperger's Syndrome, which could have "disastrous consequences," including

suicide, if he was to be extradited.

They argued he was "eccentric" rather than malicious and should be tried on

lesser charges in the UK to protect his mental health.

The National Autistic Society said it was "disappointed" and "angry" over the

decision.

"The NAS has campaigned hard for his extradition to be reconsidered in the

light of his diagnosis of Asperger syndrome," chief executive Mark Lever said.

"People with Asperger syndrome are often far more vulnerable than initial

appearances would suggest, frequently isolated, often bullied and sadly many

experience severe mental health problems if they do not get the right support.

"We are extremely disappointed that the High Court has decided to continue with

Gary's extradition despite these concerns."