posted on Jul, 31 2008 @ 08:49 AM
In my defense, and perhaps that of burdman, if he will allow me.
You must understand. This is about one country commitment to support the anti-terrorism laws of another. The United Kingdom was morally obliged to
allow the extradition to take place because the US declared the breach was committed in the vein of terrorism.
Most don't contend that this is not an exageration to be sure, however, the legal battle must ensue nevertheless. I think Mr. McKinnon's defense
dropped the ball in allowing him to tacitly confess to the crime. By doing so, the prosecution no longer needs to bother with the "means, motive,
and opportunity" aspect of proving their case. In fact, there case is already made for them. He confessed.
Had he not confessed, they would have had to 'prove' that his intentions were in fact malicious and could be construed as exploiting a weakness to
pursue nefarious purposes, be it personally driven or. in this case, driven by the impetus of a UFO disclosure movement to which he himself professes
to be a party. There would have been hope in minimizing that perception and perhaps lessening the charges brought.
As it stands now, he faces a charge which has, as it's evidenciary base, classified information. I find it highly unlikely that this will be a jury
trial. A judge will review the classified material and determine the extent of the damage done to determine the degree of punishment he merits.
Not all judges are uneducated in the ways of high-tech. He or she may feel the claims of the state are at best disingenuous considering the system
was woefully unprotected and that, all by itself, invited trespass. This could weigh in Mr. McKinnon's favor. But don't count on it.
Personally I believe the less press this case got, the more likely he will face a minor charge, perhaps a fine and time served. The more public, and
political, this gets, the more harsh the treatment will be. So in effect, the best thing that could be done for him is to simmer down, and wait it
out.
But, personally, I am disinclined to consider Mr. McKinnon a hero, for one he raised his case to celebrity status out of apparent hubris, and he is
not the mastermind hacker some have attempted to convey he is; also, his transgression, more something our of a after school special ala 'Wargames'
was not some victorious blow for the disclosure movement - in essence he made no 'discovery' that wouldn't have been forthcoming via legal
means.
In the end this is a criminal case, and such matters are best left to those we implicitly entrust with the tools to resolve. Prosecution will be the
standard 'over the top' case, defense will be the 'get real' script, and in the end the judge will probably say, enough already, we don;t have
time for this dog and pony show, and move on. UNLESS of course the media/Hollywood gets involved, because there natural tendency is to elevate it
either to the level of "David vs. Goliath" or "Uncle SAM vs the small-minded terrorist nut case." Either way making the judge visible to the
public does not work in favor of McKinnon's fate.