Within No UK Trial
Why Admitting Access Was Not Enough
McKinnon's public admissions could support unauthorised access, but they did not automatically prove the full damage alleged by US prosecutors.
On this page
- What a general admission could prove
- What prosecutors still had to establish
- Why a narrower UK case was risky
Page outline Jump by section
Introduction
One of the central misunderstandings in the Gary McKinnon case is the assumption that his public admissions automatically proved the entire American prosecution narrative. They did not. McKinnon openly acknowledged that he had accessed US military and NASA systems without authorisation, but a criminal case requires proof of specific offences and specific consequences. The gap between admitting access and proving the full scale of alleged damage became especially important when British authorities considered whether they could realistically prosecute him after extradition to the United States was blocked. [GOV.UK]GOV.UKgary mckinnon extradition case home secretarys statementGary McKinnon extradition case: Home Secretary's statement16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise t…
For UK prosecutors, the issue was not simply whether McKinnon had ever entered protected systems. The harder question was whether they could prove, in a British court and beyond reasonable doubt, the broader allegations advanced by US prosecutors, including system disruption, operational impact and hundreds of thousands of dollars in alleged losses. That distinction helps explain why a case that appeared straightforward in public discussion looked much more uncertain when examined through the standards of criminal evidence. [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…
What a General Admission Could Prove
McKinnon’s own statements substantially reduced any dispute over basic unauthorised access. He repeatedly described searching US government systems while pursuing his belief that evidence relating to UFOs and advanced technologies had been concealed. Those admissions could potentially support charges centred on gaining access to computers without permission. [Wikipedia]WikipediaGary Mc KinnonGary Mc Kinnon
However, admissions of conduct are not necessarily admissions of every legal element of an offence. A defendant may concede entering a system while disputing:
- The extent of access obtained.
- Whether particular files were altered or deleted.
- Whether specific outages resulted from his actions.
- Whether alleged financial losses were accurately calculated.
- Whether all incidents attributed to him were in fact caused by him.
In practical terms, a public statement such as “I hacked into the systems” is not the same thing as admitting every allegation contained in an indictment. Prosecutors still have to connect the defendant to each charged act and establish the consequences that make the offence as serious as alleged. [vLex]vlex.co.ukv Lex Mc Kinnon v United States of AmericaMcKinnon v United States of AmericaJune 18, 2019 — As a result of his conduct, damage was caused to computers by impairing their inte…
This distinction mattered because the American case was not limited to proving that unauthorised access occurred. US authorities alleged extensive interference with government networks and claimed repair and recovery costs exceeding $700,000. Those additional claims required evidence separate from McKinnon’s own public acknowledgements. [vLex]vlex.co.ukv Lex Mc Kinnon v United States of AmericaMcKinnon v United States of AmericaJune 18, 2019 — As a result of his conduct, damage was caused to computers by impairing their inte…
What Prosecutors Still Had to Establish
The evidential burden became much heavier once the case moved beyond basic access.
According to the US allegations, McKinnon’s activity affected dozens of military and NASA computers and led to substantial operational disruption. To prove such claims in court, prosecutors would typically need witnesses capable of explaining what happened on the systems, how investigators linked the activity to the accused, what damage occurred, and how loss figures were calculated. [Wikipedia]WikipediaGary Mc KinnonGary Mc Kinnon
For a British prosecution, several categories of proof would have been especially important:
Technical attribution. Investigators would need to demonstrate that the specific acts alleged were carried out by McKinnon rather than by another person using compromised accounts or systems.
System damage and disruption. Claims that networks became unavailable, files were deleted, or services were interrupted would require detailed testimony from administrators and investigators familiar with those systems.
Financial loss. Large damage figures are not self-proving. Courts generally require evidence showing how costs were calculated and which expenses were directly attributable to the defendant’s conduct.
Operational consequences. If prosecutors wished to rely on allegations involving military readiness, network outages or disruption of government functions, they would need witnesses able to explain those consequences and withstand cross-examination. [vLex]vlex.co.ukv Lex Mc Kinnon v United States of AmericaMcKinnon v United States of AmericaJune 18, 2019 — As a result of his conduct, damage was caused to computers by impairing their inte…
The fact that many of these witnesses and records were located in the United States created a significant practical obstacle. The stronger the prosecution sought to make the damage case, the more dependent it became on American evidence and American personnel. [Hansard]hansard.parliament.ukHansard Gary Mc Kinnon (ExtraditionGary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The Home Secretary has got compelling evidence today that the de…
Why a Narrower UK Case Was Risky
Once extradition was halted on human-rights grounds, the Director of Public Prosecutions had to decide whether a domestic prosecution met the normal test for a realistic prospect of conviction. Theresa May’s decision explicitly left that question to the prosecutorial authorities. [GOV.UK]GOV.UKgary mckinnon extradition case home secretarys statementGary McKinnon extradition case: Home Secretary's statement16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise t…
A theoretical option existed: bring a narrower UK case focused primarily on unauthorised access. Yet that approach carried its own risks.
First, a reduced case might not have reflected the seriousness of the conduct alleged by the United States. The American indictment was built around a much broader narrative involving multiple systems, disruption and substantial losses. A prosecution stripped down to the most easily provable elements could have produced a result that prosecutors regarded as disproportionate to the allegations. [vLex]vlex.co.ukv Lex Mc Kinnon v United States of AmericaMcKinnon v United States of AmericaJune 18, 2019 — As a result of his conduct, damage was caused to computers by impairing their inte…
Second, even a narrower prosecution would still require admissible evidence gathered many years earlier. By 2012, the alleged conduct dated back to 2001–2002. Passage of time can complicate witness availability, recollection and evidential presentation. [IT Pro]itpro.comcps confirms gary mckinnon will not face charges in the ukIT ProCPS confirms Gary McKinnon will not face charges in the UKDec 17, 2012 — The Crown Prosecution Service (CPS) has confirmed that com…
Third, prosecutors had to consider whether a jury would be presented with an incomplete picture. If the most serious allegations depended on evidence that was difficult to bring before a British court, the prosecution risked ending up with a weaker case than the public narrative surrounding the affair suggested. [The Guardian]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…
These concerns were reflected in the eventual decision that no further criminal action would be taken in Britain, with prosecutors and police concluding that the prospects of securing a conviction were poor. [The Guardian+2Sky News]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…
The Proof Gap at the Heart of the Decision
The key mechanism is therefore a proof gap rather than a factual mystery. McKinnon’s own statements could help establish that unauthorised access occurred. What they could not automatically establish was the full damage case advanced by US prosecutors.
To transform allegations of widespread disruption and major financial loss into criminal convictions, prosecutors would have needed detailed technical evidence, credible witnesses, and proof linking particular consequences to particular actions. Much of that material was located in the United States and related to American government systems. As British authorities assessed the possibility of a domestic prosecution, the challenge was not proving that McKinnon had spoken publicly about hacking; it was proving the entire alleged chain of damage to the criminal standard required in court. [Hansard+2The Guardian]hansard.parliament.ukHansard Gary Mc Kinnon (ExtraditionGary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The Home Secretary has got compelling evidence today that the de…
That distinction helps explain why admitting access and proving the full US case were never the same thing, and why the possibility of a UK prosecution appeared considerably weaker than many observers assumed. [The Guardian+2theregister]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…
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Endnotes
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Source: GOV.UK
Title: gary [mckinnon extradition]({{ ‘reform/’ | relative_url }}) case home secretarys statement
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 concluded that Mr McKinnon's extradition would give rise t...
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Source: theregister.com
Title: pentagon hacker mckinnon will not be prosecuted in the uk
Link: https://www.theregister.com/offbeat/2012/12/14/pentagon-hacker-mckinnon-will-not-be-prosecuted-in-the-uk/1304890Source snippet
That option was rejected.Read more...
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Source: Wikipedia
Title: Gary [Mc Kinnon]({{ ‘mc-kinnon/’ | relative_url }})
Link: https://en.wikipedia.org/wiki/Gary_McKinnon -
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
Sky NewsHacker Gary McKinnon Faces No Further Action14 Dec 2012 — Computer hacker Gary McKinnon will face no further criminal action, the...
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Source: assets.publishing.service.gov.uk
Title: public consultation 7
Link: https://assets.publishing.service.gov.uk/media/5a7ad76ce5274a34770e77c2/public-consultation-7.pdfSource snippet
Review Consultation submission31 Dec 2010 — the alleged financial damage against Gary was for basic computer security that the American a...
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Source: GOV.UK
Title: theresa may statement on gary mckinnon extradition
Link: https://www.gov.uk/government/news/theresa-may-statement-on-gary-mckinnon-extraditionSource snippet
May statement on Gary McKinnon extradition16 Oct 2012 — I have therefore withdrawn the extradition order against Mr McKinnon. It will now...
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Source: youtube.com
Title: Gary Mc Kinnon will not face prosecution in the UK
Link: https://www.youtube.com/watch?v=viLcoe_xPMUSource snippet
The Guardian...
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Source: theguardian.com
Title: gary mckinnon no [uk charges]({{ ‘uk-charges/’ | relative_url }})
Link: https://www.theguardian.com/world/2012/dec/14/gary-mckinnon-no-uk-chargesSource snippet
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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Source: itpro.com
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
IT ProCPS confirms Gary McKinnon will not face charges in the UKDec 17, 2012 — The Crown Prosecution Service (CPS) has confirmed that com...
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Source: theguardian.com
Title: gary mckinnon lodges challenge extradition
Link: https://www.theguardian.com/world/2009/dec/10/gary-mckinnon-lodges-challenge-extraditionSource snippet
Gary McKinnon challenges extradition10 Dec 2009 — McKinnon, from north London, was accused in 2002 of using his home computer to hack int...
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Source: vlex.co.uk
Title: v Lex Mc Kinnon v United States of America
Link: https://vlex.co.uk/vid/mckinnon-v-united-states-793612009Source snippet
McKinnon v United States of AmericaJune 18, 2019 — As a result of his conduct, damage was caused to computers by impairing their inte...
Published: June 18, 2019
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Source: hansard.parliament.uk
Title: Hansard Gary Mc Kinnon (Extradition)
Link: https://hansard.parliament.uk/commons/2009-12-01/debates/09120144000002/GaryMckinnon%28Extradition%29Source snippet
Gary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The Home Secretary has got compelling evidence today that the de...
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Source: committees.parliament.uk
Link: https://committees.parliament.uk/writtenevidence/54838/html/Source snippet
UK Parliament CommitteesEXL0080 - Evidence on Extradition LawAstoundingly, more than a decade after the U.S indictment; on the 14th Decem...
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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: hansard.parliament.uk
Title: uk Extradition
Link: https://hansard.parliament.uk/commons/2012-10-16/debates/12101642000005/ExtraditionSource snippet
UK Parliament16 Oct 2012 — On behalf of the Joint Committee on Human Rights, I warmly welcome the Home Secretary's decision on...
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Source: publications.parliament.uk
Title: mckinn 1
Link: https://publications.parliament.uk/pa/ld200708/ldjudgmt/jd080730/mckinn-1.htmSource snippet
It damaged...Read more...
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Source: theguardian.com
Title: gary mckinnon theresa may claims
Link: https://www.theguardian.com/world/2012/oct/19/gary-mckinnon-theresa-may-claimsSource snippet
Theresa May accused of taking 'easy way out' over Gary...18 Oct 2012 — Theresa May told US authorities in July that there were no legal...
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Source: theguardian.com
Title: gary mckinnon feels set free
Link: https://www.theguardian.com/world/2012/oct/17/gary-mckinnon-feels-set-freeSource snippet
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: gary mckinnon
Link: https://www.theguardian.com/world/gary-mckinnonSource snippet
December 2012. Gary McKinnon and his mother [Janis Sharp]({{ 'janis-sharp/' | relative_url }}). My first... Gary McKinnon will face no charges in UK. Dec 14 2012 11.03 EST. No...
Published: December 2012
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Source: theguardian.com
Title: gary [mckinnon timeline]({{ ‘timeline/’ | relative_url }}) extradition
Link: https://www.theguardian.com/world/2012/oct/16/gary-mckinnon-timeline-extraditionSource snippet
Gary McKinnon timeline: events leading up to extradition...16 Oct 2012 — British computer hacker Gary McKinnon has been living under the...
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Source: theguardian.com
Link: https://www.theguardian.com/law/2012/oct/16/gary-mckinnon-theresa-may-human-rightsSource snippet
Gary McKinnon: Theresa May had no choice but to use...16 Oct 2012 — Theresa May must have found it galling to use the despised Human Rig...
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Source: theguardian.com
Link: https://www.theguardian.com/world/video/2012/oct/16/gary-mckinnon-extradition-theresa-may-videoSource snippet
Gary McKinnon extradition halted by Theresa May – videoThe home secretary announces the withdrawal of an extradition order to the United...
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Source: theguardian.com
Title: gary mckinnon not extradited may
Link: https://www.theguardian.com/world/2012/oct/16/gary-mckinnon-not-extradited-maySource snippet
Gary McKinnon will not be extradited to US, Theresa May...16 Oct 2012 — The home secretary, Theresa May, defied the American authorities...
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Source: theguardian.com
Title: judges speed gary mckinnon case
Link: https://www.theguardian.com/world/2012/jan/27/judges-speed-gary-mckinnon-caseSource snippet
High court judges attempt to speed up Gary McKinnon caseJan 27, 2012 — The high court has expressed concern over the length of time it is...
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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, whose extradition to face charges of accessing U.S. government computers was hal...
Additional References
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Source: justice.gov
Link: https://www.justice.gov/archive/usao/nj/Press/files/pdffiles/Older/edva_mckinnon_indictment.pdfSource snippet
IndictmentGARY MCKINNON did knowingly cause the transmission of codes, information and commands, and as a result of such conduct, intenti...
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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: libertyhumanrights.org.uk
Link: https://www.libertyhumanrights.org.uk/wp-content/uploads/2020/04/Libertys-submission-to-the-JCHR-extradition-inquiry-Jan-2011.pdf -
Source: ukhumanrightsblog.com
Title: gary mckinnon price charles letters and free speech the human rights roundup
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 speech22 Oct 2012 — As was widely reported last week, Gary McKinnon will not be extradite...
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Source: newstatesman.com
Title: theresa may blocks gary mckinnon [extradition human]({{ ‘extradition-469899/’ | relative_url }}) rights grounds
Link: https://www.newstatesman.com/politics/2012/10/theresa-may-blocks-gary-mckinnon-extradition-human-rights-groundsSource snippet
Theresa May blocks Gary McKinnon extradition on "human...16 Oct 2012 — In a statement to the House of Commons, Theresa May has just anno...
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Source: rgu-repository.worktribe.com
Title: hackers beware the cautionary story of gary mckinnon
Link: https://rgu-repository.worktribe.com/output/248043/hackers-beware-the-cautionary-story-of-gary-mckinnonSource snippet
beware: the cautionary story of Gary McKinnon.The case of Gary McKinnon provides one such example. This article describes and analyses th...
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Source: disabilitynewsservice.com
Title: end of mckinnons 10 year ordeal raises new questions
Link: https://www.disabilitynewsservice.com/end-of-mckinnons-10-year-ordeal-raises-new-questions/Source snippet
End of McKinnon's 10-year ordeal raises new questions2 Oct 2012 — Theresa May, the Conservative home secretary, announced this week that...
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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
Aamer Anwar & Co.HACKER GARY MACKINNON'S EXTRADITION TO US...14 Dec 2012 — A RELIEVED Gary McKinnon wept with joy yesterday after being...
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Source: youtube.com
Link: https://www.youtube.com/watch?v=y4lecD44F5ESource snippet
Gary McKinnon wins extradition battleGary McKinnon's mother Janis Sharp praises Home Secretary Theresa May for her "incredibly brave deci...
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Source: silicon.co.uk
Title: gary mckinnon cps uk charges 102027
Link: https://www.silicon.co.uk/workspace/gary-mckinnon-cps-uk-charges-102027Source snippet
Gary McKinnon To Face No UK Charges But Fight With US...14 Dec 2012 — Gary McKinnon is close to ending his nightmare decade as UK offici...
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