Within Human Rights
Why Theresa May stopped Mc Kinnon's extradition
Gary McKinnon's extradition was blocked by a ministerial decision after years of failed legal challenges.
On this page
- What changed by the 2012 decision
- How human rights limited removal
- What the UK prosecution question left open
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Introduction
Gary McKinnon’s case became the defining British example of human-rights arguments interrupting a cyber extradition request not because the courts suddenly changed their view of the allegations against him, but because the final decision rested with the Home Secretary. After years of unsuccessful legal challenges, Home Secretary Theresa May concluded in October 2012 that extraditing McKinnon to the United States would create such a severe risk of suicide that removal would be incompatible with his human rights. She therefore withdrew the extradition order. The decision did not declare McKinnon innocent, reject American jurisdiction, or endorse his UFO-related claims. Instead, it illustrated how ministerial discretion could operate at the final stage of an extradition case when new assessment of human-rights risks was considered compelling. [GOV.UK+2Hansard]GOV.UKtheresa may statement on gary mckinnon extradition16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise to such a high risk of him ending his life that a decision…
What changed with the 2012 decision?
By 2012, McKinnon had already spent years fighting extradition through the courts. Earlier proceedings had not prevented his transfer to the United States, despite arguments about his Asperger syndrome, depression, and vulnerability. The legal landscape changed not because the alleged hacking conduct was reassessed, but because the Home Secretary undertook a fresh review of the medical evidence available to her. [Hansard]hansard.parliament.ukHansard ExtraditionExtradition - Hansard - UK Parliament16 Oct 2012 — Hansard record of the item: 'Extradition' on Tuesday 16 October 2012… Gary…
In her statement to Parliament, Theresa May emphasised that McKinnon was accused of serious offences and that the United States was entitled to seek extradition. However, she concluded that the medical evidence showed an exceptionally high risk that he would end his own life if extradited. On that basis, she determined that ordering removal would breach his human rights and withdrew the extradition order. [Hansard+2GOV.UK]hansard.parliament.ukHansard ExtraditionExtradition - Hansard - UK Parliament16 Oct 2012 — Mr McKinnon's extradition would give rise to such a high risk of him ending his…
The significance of the decision lay in its narrowness. May did not overturn the allegations, criticise the extradition treaty, or announce a broad policy protecting computer hackers. The decision was framed as a case-specific assessment of a vulnerable individual facing a grave and foreseeable risk. [GOV.UK+2Hansard]GOV.UKtheresa may statement on gary mckinnon extradition16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise to such a high risk of him ending his life that a decision…
How much discretion did the Home Secretary actually have?
The McKinnon case highlighted a feature of the UK extradition system that often received less public attention than the court battles: in certain categories of extradition cases, the Home Secretary still had a formal role after the courts had completed their work.
That role was not an unrestricted political veto. The Home Secretary was expected to apply statutory and human-rights standards rather than personal preference. In McKinnon’s case, May repeatedly presented the decision as a legal judgment grounded in medical evidence and Convention rights, not as a diplomatic or political choice. Parliamentary debate following the announcement reflected the same understanding: the key question was whether extradition would breach McKinnon’s human rights, not whether the allegations were serious. [Hansard+2Hansard]hansard.parliament.ukHansard ExtraditionExtradition - Hansard - UK Parliament16 Oct 2012 — Hansard record of the item: 'Extradition' on Tuesday 16 October 2012… Gary…
What made the case unusual was that the ministerial stage ultimately produced a different outcome from years of litigation. Critics argued that this appeared inconsistent with earlier judicial findings. Supporters responded that the Home Secretary had commissioned and considered additional expert evidence and was exercising a responsibility specifically entrusted to her office. [Hansard+2The Guardian]hansard.parliament.ukHansard ExtraditionExtradition - Hansard - UK Parliament16 Oct 2012 — Hansard record of the item: 'Extradition' on Tuesday 16 October 2012… Gary…
The result demonstrated that ministerial discretion in extradition was not merely ceremonial. Although constrained by law, it could be decisive when a minister concluded that extradition would violate fundamental rights. [GOV.UK]GOV.UKtheresa may statement on gary mckinnon extradition16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise to such a high risk of him ending his life that a decision…
How human rights limited removal
The central human-rights issue was not the fairness of an American trial in the abstract. Instead, it was the anticipated impact of extradition on McKinnon personally.
May’s statement focused on the risk that extradition and its consequences would trigger suicide. The Home Secretary concluded that the danger was sufficiently severe that proceeding with removal would be incompatible with McKinnon’s human rights. This moved the debate away from broader criticisms of the UK-US extradition relationship and toward a highly individualised assessment of medical vulnerability. [GOV.UK+2GOV.UK]GOV.UKtheresa may statement on gary mckinnon extradition16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise to such a high risk of him ending his life that a decision…
The decision therefore became an important reference point in later cybercrime extradition disputes involving defendants with autism-spectrum conditions, depression, or other serious mental-health concerns. Subsequent cases frequently invoked McKinnon as an example of how health-related human-rights arguments could affect extradition outcomes, though courts consistently treated such claims as requiring strong evidence rather than automatic protection. [PMC+2WIRED]pmc.ncbi.nlm.nih.govPMCAutism spectrum disorder and suitability for extraditionby I Freckelton · 2020 · Cited by 8 — The effects of the extradition bar and the legal sequelae of the previous judicial decisions in…
A common misunderstanding is that the decision created a broad exemption for vulnerable hackers. In reality, the reasoning was tied to the specific medical findings before the Home Secretary. The threshold remained high, and the decision was justified as an exceptional response to an exceptional risk. [Hansard+2Hansard]hansard.parliament.ukHansard ExtraditionExtradition - Hansard - UK Parliament16 Oct 2012 — Hansard record of the item: 'Extradition' on Tuesday 16 October 2012… Gary…
What the UK prosecution question left open
When May blocked extradition, she did not end the possibility of criminal proceedings. Instead, she stated that it would be for the Director of Public Prosecutions to decide whether McKinnon should face charges in the United Kingdom. [GOV.UK+2Hansard]GOV.UKtheresa may statement on gary mckinnon extradition16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise to such a high risk of him ending his life that a decision…
This distinction mattered. The Home Secretary’s decision addressed where McKinnon could be sent, not whether the allegations should be tested in court. The possibility of a domestic prosecution was therefore left open as a way of balancing accountability with the human-rights concerns that prevented extradition. [Hansard]hansard.parliament.ukHansard ExtraditionExtradition - Hansard - UK Parliament16 Oct 2012 — Mr McKinnon's extradition would give rise to such a high risk of him ending his…
Two months later, British authorities announced that McKinnon would not face prosecution in the UK. Reports indicated that prosecutors and police considered the prospects of a successful domestic case poor and identified practical difficulties relating to evidence and witnesses. As a result, neither extradition nor a UK trial ultimately occurred. [The Guardian+2IT Pro]theguardian.comgary mckinnon no uk chargesThe GuardianGary McKinnon will face no charges in UK14 Dec 2012 — No further legal action will be taken in Britain against the computer h…
That outcome fuelled debate about whether justice had been fully served, but it also underscored the limited scope of the Home Secretary’s intervention. May resolved the extradition question; she did not determine whether prosecutors should bring charges. Those remained separate decisions made by separate institutions. [GOV.UK+2Hansard]GOV.UKtheresa may statement on gary mckinnon extradition16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise to such a high risk of him ending his life that a decision…
Why the decision remains important
Within the history of cyber extradition disputes, the McKinnon decision remains significant because it showed that human-rights protections could prevail even after lengthy litigation and strong international pressure for prosecution. It also demonstrated that Home Secretary discretion, though constrained by law, could have real consequences when a minister concluded that extradition would create an intolerable risk to life. [GOV.UK+2Hansard]GOV.UKtheresa may statement on gary mckinnon extradition16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise to such a high risk of him ending his life that a decision…
The case became a reference point for later debates involving alleged hackers such as Lauri Love and others who argued that mental-health conditions, autism-spectrum diagnoses, and suicide risk should be considered when extradition is sought. Whether one views the outcome as a necessary protection of human rights or a controversial interruption of prosecution, the 2012 decision remains the clearest example of a British Home Secretary using legal discretion to halt a high-profile cyber extradition on human-rights grounds. [WIRED+2WIRED]wired.comLove, accused of hacking US government bodies and facing up to 99 years in prison and significant fines, suffers from Asperger's Syndrome…
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Further Reading
Books and field guides related to Why Theresa May stopped Mc Kinnon's extradition. Use these as the next step if you want deeper reading beyond the article.
Saving Gary McKinnon
Shows how suicide-risk evidence became central to an extradition decision.
The Body Keeps the Score
Provides accessible background on severe psychological stress and vulnerability.
The Snowden Files
Connects hacking, international legal pressure, and human-rights concerns in a readable way.
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Directly covers ECHR rights, including Article 3, and UK human-rights law.
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Endnotes
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Source: GOV.UK
Title: theresa may statement on gary [mckinnon extradition]({{ ‘reform/’ | relative_url }})
Link: https://www.gov.uk/government/news/theresa-may-statement-on-gary-mckinnon-extraditionSource snippet
16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise to such a high risk of him ending his life that a decision...
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Source: hansard.parliament.uk
Title: Hansard Extradition
Link: https://hansard.parliament.uk/commons/2012-10-16/debates/12101642000005/ExtraditionSource snippet
Extradition - Hansard - UK Parliament16 Oct 2012 — Mr McKinnon's extradition would give rise to such a high risk of him ending his...
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Source: GOV.UK
Link: https://www.gov.uk/government/speeches/gary-mckinnon-extradition-case-home-secretarys-statementSource snippet
Gary McKinnon extradition case: Home Secretary's statement16 Oct 2012 — I have therefore withdrawn the extradition order against Mr McKinnon...
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Source: hansard.parliament.uk
Title: Hansard Extradition
Link: https://hansard.parliament.uk/lords/2012-10-16/debates/12101643000907/ExtraditionSource snippet
Extradition - Hansard - UK Parliament16 Oct 2012 — Hansard record of the item: 'Extradition' on Tuesday 16 October 2012... Gary...
Published: October 2012
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Source: hansard.parliament.uk
Title: Hansard Commons Chamber
Link: https://hansard.parliament.uk/Commons/2012-10-16/debates/9d1d96d7-c03f-4ba1-b1ca-35b28e84da42/CommonsChamberSource snippet
Chamber - Hansard - UK Parliament16 Oct 2012 — Mr McKinnon's extradition to the United States would breach his human rights. Mr McKinnon...
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Source: pmc.ncbi.nlm.nih.gov
Title: PMCAutism spectrum disorder and suitability for extradition
Link: https://pmc.ncbi.nlm.nih.gov/articles/PMC7476620/Source snippet
by I Freckelton · 2020 · Cited by 8 — The effects of the extradition bar and the legal sequelae of the previous judicial decisions in...
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Source: wired.com
Link: https://www.wired.com/story/lauri-love-hacker-appeal-decision-extradition-court-ukSource snippet
Love, accused of hacking US government bodies and facing up to 99 years in prison and significant fines, suffers from Asperger's Syndrome...
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Source: wired.com
Link: https://www.wired.com/story/amber-rudd-orders-the-extradition-of-hacker-lauri-loveSource snippet
government agencies like NASA, the FBI, and the Federal Reserve, causing millions of dollars in damages. If convicted, Love could face up...
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Source: parliament.uk
Link: https://www.parliament.uk/business/news/news-by-year/2012/october/statement-on-gary-mckinnon/Source snippet
Statement on Gary McKinnonSecretary of State for the Home Department, Theresa May made a statement in the House of Commons on Tuesday 16...
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Source: committees.parliament.uk
Link: https://committees.parliament.uk/writtenevidence/53322/html/Source snippet
parliament.ukEXL0062 - Evidence on Extradition LawHome Secretary Teresa May blocked the extradition of Gary McKinnon suffers from Asperge...
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Source: publications.parliament.uk
Link: https://publications.parliament.uk/pa/cm201213/cmhansrd/cm121016/debtext/121016-0001.htmSource snippet
The US was perfectly within its rights and it was reasonable for it to seek his extradition...
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Source: hansard.parliament.uk
Title: uk Anti-Social Behaviour, Crime and Policing Bill
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parliament.ukAnti-Social Behaviour, Crime and Policing Bill - Hansard10 Jun 2013 — we need to see the deportation and extradition of fore...
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McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The Americans will decide, but the decision of the public prosecutors in thi...
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Source: publications.parliament.uk
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DEBATES16 Oct 2012 — Home Secretary on her decision on Gary McKinnon in and positive response to extradition matters to delay the rise fu...
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Source: hansard.parliament.uk
Title: 2014JHAOpt OutDecision
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parliament.uk2014 JHA Opt-out Decision - Hansard - UK Parliament15 Jul 2013 — last year I stopped the extradition of Gary McKinnon and th...
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Source: hansard.parliament.uk
Title: uk Oral Answers to Questions
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Answers to Questions - Hansard - UK Parliament12 Oct 2016 —) The Prime Minister (Mrs Theresa May) Gary McKinnon, Home Secretary to decid...
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Source: publications.parliament.uk
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of Commons Hansard Debates for 10 Nov 2014 (pt...Members that I am the Home Secretary who blocked the extradition of Gary McKinnon to th...
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Source: hansard.parliament.uk
Title: uk Lords Chamber
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Chamber - Hansard - UK Parliament16 Oct 2012 — Hansard record of the item: 'Lords Chamber' on Tuesday 16 October 2012... Gary McKinnon'...
Published: October 2012
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Source: hansard.parliament.uk
Title: uk Criminal Law
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Law - Hansard - UK Parliament10 Nov 2014 — I remind hon. Members that I am the Home Secretary who blocked the extradition of Gary McKinno...
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Source: assets.publishing.service.gov.uk
Title: public views 3
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Views27 Jan 2011 — A certain Gary McKinnon should not be extradited. He has committed no crime. He has caused no harm or loss to anybody...
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Source: theguardian.com
Link: https://www.theguardian.com/law/2012/oct/16/gary-mckinnon-theresa-may-human-rightsSource snippet
The GuardianGary McKinnon: Theresa May had no choice but to use..."I have concluded that the ordering of his extradition and his subsequ...
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Source: theguardian.com
Title: gary mckinnon case double standards
Link: https://www.theguardian.com/world/blog/2012/oct/17/gary-mckinnon-case-double-standardsSource snippet
Gary McKinnon: a case of double standards?17 Oct 2012 — The home secretary's decision not to extradite the Crouch End Asperger's sufferer...
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Coelho alleges he was groomed into committing the crimes by adults from age 14. Both the US and Portugal have issued extradition requests...
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Title: gary mckinnon no [uk charges]({{ ‘uk-charges/’ | relative_url }})
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The GuardianGary McKinnon will face no charges in UK14 Dec 2012 — No further legal action will be taken in Britain against the computer h...
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Title: cps confirms gary mckinnon will not face charges in the uk
Link: https://www.itpro.com/644716/cps-confirms-gary-mckinnon-will-not-face-charges-in-the-ukSource snippet
Dec 17, 2012 — The Crown Prosecution Service (CPS) has confirmed that computer hacker Gary McKinnon will not face charges in the UK, brin...
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Source: theguardian.com
Title: gary mckinnon feels set free
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Gary McKinnon feels 'set free' after US extradition decision17 Oct 2012 — The computer hacker whose extradition to the US was blocked by...
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Source: theguardian.com
Title: Farage under mounting pressure to prove Russian hack claim
Link: https://www.theguardian.com/politics/2026/may/24/farage-mounting-pressure-prove-russian-hack-claim -
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Gary McKinnon extradition halted by Theresa May – videoTheresa May tells the House of Commons an extradition would breach the human right...
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Source: theguardian.com
Title: gary mckinnon extradition theresa may
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Gary McKinnon: Theresa May urged to block extradition order14 May 2010 — Computer hacker's [campaigners]({{ 'campaigners/' | relative_url }}) have called for support from the n...
Published: May 2010
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Title: United Kingdom
Link: https://en.wikipedia.org/wiki/United_KingdomSource snippet
United KingdomThe UK is a constitutional monarchy and parliamentary democracy with three distinct jurisdictions: England and Wales, Sc...
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Source: Wikipedia
Title: Gary [Mc Kinnon]({{ ‘mc-kinnon/’ | relative_url }})
Link: https://en.wikipedia.org/wiki/Gary_McKinnonSource snippet
Gary McKinnonOn 16 October 2012, after a series of legal proceedings in Britain, then Home Secretary Theresa May blocked extradition t...
Published: October 2012
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Title: The United Kingdom comprises the whole of the island of Great Britain.Read more
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United Kingdom | History, Population, Map, Flag, Capital...United Kingdom, island country located off the northwestern coast of mainland...
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Source: itv.com
Title: gary mckinnon
Link: https://www.itv.com/news/story/2012-12-14/gary-mckinnonSource snippet
No charges against US hacker14 Dec 2012 — Gary McKinnon, who is wanted in the US after hacking into the Pentagon's computers, will not fa...
Additional References
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Source: ukhumanrightsblog.com
Link: https://ukhumanrightsblog.com/2012/10/22/gary-mckinnon-price-charles-letters-and-free-speech-the-human-rights-roundup/Source snippet
Gary McKinnon, Prince Charles' letters and free speechAs was widely reported last week, Gary McKinnon will not be extradited to the US fo...
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Source: vlex.co.uk
Link: https://vlex.co.uk/vid/mckinnon-v-united-states-793612009Source snippet
McKinnon v United States of AmericaMr McKinnon now [appeals]({{ 'appeals/' | relative_url }}) against those decisions. The USA has been designated a category 2 territory pu...
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Source: mytheresa.com
Link: https://www.mytheresa.com/Source snippet
The Finest Edit in LuxuryMytheresa offers you the finest edit in luxury! Fall in love with over 200 international designer br...
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Source: youtube.com
Link: https://www.youtube.com/watch?v=viLcoe_xPMUSource snippet
Gary McKinnon will not face prosecution in the UKGary McKinnon and his family have fought to protect him from extradition to America over...
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Source: journals.law.unc.edu
Title: u k ends 10 year extradition battle of hacker gary mckinnon
Link: https://journals.law.unc.edu/ncjolt/blogs/u-k-ends-10-year-extradition-battle-of-hacker-gary-mckinnon/Source snippet
Ends 10 Year Extradition Battle of Hacker Gary McKinnonTwo years later, a High Court judge, along with psychiatric examiners, determined...
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Source: ein.org.uk
Title: house commons votes through motion reform extradition laws
Link: https://www.ein.org.uk/news/house-commons-votes-through-motion-reform-extradition-lawsSource snippet
Electronic Immigration NetworkHouse of Commons agrees motion to reform extradition laws6 Dec 2011 — In the case of Gary McKinnon, a revie...
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Source: iowastatedaily.com
Title: Prosecutors: Mc Kinnon to face no UK charges over U.S
Link: https://iowastatedaily.com/127886/news-world/prosecutors-mckinnon-to-face-no-uk-charges-over-u-s-hacking/Source snippet
LONDON — Computer hacker Gary McKinnon will face no charges in the United Kingdom over what the U.S. government says is the biggest milit...
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Source: news.sky.com
Title: hacker gary mckinnon faces no further action 10460721
Link: https://news.sky.com/story/hacker-gary-mckinnon-faces-no-further-action-10460721Source snippet
Gary McKinnon Faces No Further Action14 Dec 2012 — Computer hacker Gary McKinnon will face no further criminal action, the Director of Pu...
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Source: aameranwar.co.uk
Title: hacker gary mackinnons extradition to us stopped
Link: https://aameranwar.co.uk/hacker-gary-mackinnons-extradition-to-us-stoppedSource snippet
HACKER GARY MACKINNON'S EXTRADITION TO US...14 Dec 2012 — A RELIEVED Gary McKinnon wept with joy yesterday after being told he will not...
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Title: gary mckinnon dealt new blow by cps 138354
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Gary McKinnon dealt new blow by CPSFeb 27, 2009 — British hacker Gary McKinnon's hopes of being tried in the UK were dealt a massive blow...
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