Within Defense Targets

Did Remote Access Tools Change the Case?

A central allegation was that remote-access software allowed repeated entry while blending into normal system activity.

On this page

  • What Remotely Anywhere Was Alleged to Do
  • Persistence and Repeat Access
  • Dispute Over Intent and Impact
Preview for Did Remote Access Tools Change the Case?

Introduction

One of the most important technical allegations in the Gary McKinnon case concerned the installation of a remote-access program called RemotelyAnywhere. Prosecutors argued that this software transformed isolated intrusions into a persistent capability, allowing repeated access to military and NASA computers long after initial entry. In official accounts, the software was not simply another tool found on compromised systems; it was presented as the mechanism that enabled ongoing control, further exploration of government networks and concealment of activity. [UK Parliament]publications.parliament.ukmckinn 1UK ParliamentMckinnon V Government of The United States of America…30 Jul 2008 — Having gained access to those accounts he installed u…

Remote Access illustration 1 The significance of the allegation went beyond the software itself. A central dispute emerged over what installing RemotelyAnywhere meant. US authorities portrayed it as evidence of deliberate persistence and operational control. McKinnon and many of his supporters, by contrast, focused on his stated interest in UFO-related material and argued that he was not attempting to conduct espionage or sabotage. The debate therefore became partly technical and partly interpretive: was the software evidence of a sustained intrusion campaign, or merely a convenient way for a lone hacker to revisit machines he had already accessed? [UK Parliament]publications.parliament.ukmckinn 1UK ParliamentMckinnon V Government of The United States of America…30 Jul 2008 — Having gained access to those accounts he installed u…

What RemotelyAnywhere Was Alleged to Do

RemotelyAnywhere was a legitimate commercial remote-administration product. Once installed on a computer, it allowed a user to control that machine remotely over the internet, transfer files, delete files and perform many administrative functions without being physically present. The software itself was not malware; businesses commonly used it for remote support and systems administration. [Wikisource]en.wikisource.orgUS v Gary Mc Kinnon IndictmentUS v Gary McKinnon Indictment27 Feb 2021 — RemotelyAnywhere is a software program that provides a remote access and remote admi…

According to the US indictments and later court summaries, McKinnon allegedly installed RemotelyAnywhere after obtaining administrative access to government computers. Prosecutors claimed that this allowed him to reconnect whenever he wished and manipulate systems remotely. The House of Lords judgment summarising the American case stated that, after gaining access to administrative accounts, he installed unauthorised remote-access software that enabled him to access and alter data “at any time” while disguising itself as part of the Windows operating system. [UK Parliament]publications.parliament.ukmckinn 1UK ParliamentMckinnon V Government of The United States of America…30 Jul 2008 — Having gained access to those accounts he installed u…

The New Jersey indictment relating to Naval Weapons Station Earle was even more specific. It alleged that RemotelyAnywhere was installed on the station’s Port Services computer and on other connected systems within the network. Prosecutors argued that this gave continuing access to computers involved in monitoring naval operations and logistics. [Department of Justice]justice.govDepartment of Justice British National Charged with Hacking Into N.Jseven-count Virginia Indictment charges McKinnon for intrusions into 92 computer systems belonging to the U.S. Army, Navy, A…

What made the allegation important was not simply that a remote-access tool existed. Prosecutors linked it to a wider pattern in which compromised machines allegedly became launching points for discovering additional vulnerable computers. The Department of Justice stated that, once access had been obtained, remote-administration tools and other software were used to locate further military and NASA targets. [U.S. Department of War]media.defense.govMc Kinnon comphackerDepartment of WarU.S. Department of Justice United States Attorney Eastern…November 13, 2002 — 12 Nov 2002 — Once he was able to acces…Published: November 13, 2002

Why Persistence Mattered More Than Initial Access

Many computer-intrusion cases focus on the moment of entry. In McKinnon’s case, prosecutors placed unusual emphasis on what happened afterwards.

The argument was that a password or vulnerability might grant access once, but a remote-administration tool could make that access persistent. Rather than repeatedly exploiting a weakness, an intruder could return directly through software already installed on the machine. In modern cybersecurity language, this would be described as establishing persistence: creating a reliable way to maintain access after the original compromise. Although the legal filings did not use today’s terminology, the concept was essentially the same. [UK Parliament]publications.parliament.ukmckinn 1UK ParliamentMckinnon V Government of The United States of America…30 Jul 2008 — Having gained access to those accounts he installed u…

The House of Lords summary described how the alleged installation of RemotelyAnywhere was followed by the installation of additional tools that facilitated further compromises and concealed activity. It also linked the software to claims that more than 73,000 government computers were scanned for additional opportunities. The prosecution’s narrative therefore presented persistence as the bridge between a single intrusion and a much larger series of alleged compromises. [UK Parliament]publications.parliament.ukmckinn 1UK ParliamentMckinnon V Government of The United States of America…30 Jul 2008 — Having gained access to those accounts he installed u…

This interpretation also helped explain why prosecutors repeatedly referred to network-wide consequences rather than isolated incidents. If access could be maintained over time, investigators argued, the risk extended beyond whatever information was viewed during a single session. [U.S. Department of War]media.defense.govMc Kinnon comphackerDepartment of WarU.S. Department of Justice United States Attorney Eastern…November 13, 2002 — 12 Nov 2002 — Once he was able to acces…Published: November 13, 2002

Remote Access illustration 2

Did the Software Really Blend Into Normal Activity?

One of the more striking claims in court documents was that the software could operate without attracting attention.

The House of Lords judgment summarised the US allegation that RemotelyAnywhere effectively masqueraded as part of the Windows operating system, enabling access without obvious detection. Prosecutors argued that this helped conceal unauthorised activity from administrators and users. [UK Parliament]publications.parliament.ukmckinn 1UK ParliamentMckinnon V Government of The United States of America…30 Jul 2008 — Having gained access to those accounts he installed u…

At the same time, the software’s legitimacy complicates the picture. RemotelyAnywhere was a commercially available administration product used by ordinary organisations. Because it was designed for legitimate remote management, its presence on a machine was not automatically evidence of malicious activity. Cybersecurity commentators have noted that legitimate administration tools often occupy a grey area: they can be used by authorised administrators or by intruders who have obtained administrator privileges. [Cybereason]cybereason.comMalicious Life Podcast: The U.Svs. Gary McKinnonChoosing to use RemotelyAnywhere as a means of access was a sneaky move, because it's a software tool not only used by h…

This dual-use nature became part of the broader debate. To prosecutors, the installation was evidence of deliberate and concealed control. To some observers, the fact that a standard commercial product was allegedly used highlighted the poor security practices that existed on many of the affected systems at the time. [Cybereason]cybereason.comMalicious Life Podcast: The U.Svs. Gary McKinnonChoosing to use RemotelyAnywhere as a means of access was a sneaky move, because it's a software tool not only used by h…

The Dispute Over Intent and Impact

The persistence allegation became entangled with a larger argument about McKinnon’s intentions.

US authorities presented the installation of remote-access software as part of a systematic effort to maintain control of government computers. Court summaries described a sequence in which administrative credentials were obtained, remote-access software was installed and additional tools were deployed to facilitate further compromises. In that interpretation, persistence was not accidental; it was a deliberate operational choice. [UK Parliament]publications.parliament.ukmckinn 1UK ParliamentMckinnon V Government of The United States of America…30 Jul 2008 — Having gained access to those accounts he installed u…

McKinnon, however, consistently argued that his motive was to search for information relating to UFOs, advanced technology and government secrecy rather than to damage military systems. Supporters frequently pointed to weak security on the targeted networks and argued that he was being blamed for broader institutional failures. [Mail & Guardian]mg.co.za2008 07 30 uk computer hacker loses appeal over us extraditionMail & GuardianUK computer hacker loses appeal over US extradition30 Jul 2008 — Gary McKinnon (42) tried to prevent his transfer to the U…

The disagreement was therefore not over whether remote-access software existed. Official documents repeatedly alleged that it did. The dispute centred on what that fact demonstrated. Prosecutors treated it as evidence of sustained and unauthorised control over sensitive systems. Critics of the prosecution’s narrative questioned whether the presence of a legitimate administration tool necessarily proved malicious intent or whether it mainly reflected the ease with which poorly secured systems could be revisited once accessed. [UK Parliament+2Department of Justice]publications.parliament.ukmckinn 1UK ParliamentMckinnon V Government of The United States of America…30 Jul 2008 — Having gained access to those accounts he installed u…

Remote Access illustration 3

Why RemotelyAnywhere Became a Symbol of the Case

Among the many technical allegations in the McKinnon affair, the RemotelyAnywhere claim endured because it connected several of the prosecution’s key themes. It linked initial access to repeated access, individual computers to wider networks and curiosity-driven exploration to accusations of long-term unauthorised control. [UK Parliament]publications.parliament.ukmckinn 1UK ParliamentMckinnon V Government of The United States of America…30 Jul 2008 — Having gained access to those accounts he installed u…

For that reason, the debate over the software became larger than a discussion of one remote-administration program. It represented two competing interpretations of the entire case. One side saw the installation as evidence of persistence, concealment and escalating intrusion into defence networks. The other saw it as part of a story about weak security, disputed damage claims and a hacker whose stated objective was not military disruption but the search for information he believed governments were hiding. [UK Parliament+2Mail & Guardian]publications.parliament.ukmckinn 1UK ParliamentMckinnon V Government of The United States of America…30 Jul 2008 — Having gained access to those accounts he installed u…

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Endnotes

  1. Source: publications.parliament.uk
    Title: mckinn 1
    Link: https://publications.parliament.uk/pa/ld200708/ldjudgmt/jd080730/mckinn-1.htm
    Source snippet

    UK ParliamentMckinnon V Government of The United States of America...30 Jul 2008 — Having gained access to those accounts he installed u...

  2. Source: justice.gov
    Title: Department of Justice British National Charged with Hacking Into N.J
    Link: https://www.justice.gov/archive/criminal/cybercrime/press-releases/2002/mckinnonIndict2.htm
    Source snippet

    seven-count Virginia Indictment charges McKinnon for intrusions into 92 computer systems belonging to the U.S. Army, Navy, A...

  3. Source: en.wikisource.org
    Title: US v Gary [Mc Kinnon]({{ ‘mc-kinnon/’ | relative_url }}) Indictment
    Link: https://en.wikisource.org/wiki/US_v_Gary_McKinnon_Indictment
    Source snippet

    US v Gary McKinnon Indictment27 Feb 2021 — RemotelyAnywhere is a software program that provides a remote access and remote admi...

  4. Source: justice.gov
    Link: https://www.justice.gov/archive/usao/nj/Press/files/pdffiles/Older/edva_mckinnon_indictment.pdf
    Source snippet

    Department of JusticeIndictmentRemotelyAnywhere provides the user with the ability to transfer and delete files or data, and the ability...

  5. Source: media.defense.gov
    Title: Mc Kinnon comphacker
    Link: https://media.defense.gov/2002/Nov/12/2001711901/-1/-1/1/McKinnon_comphacker.pdf
    Source snippet

    Department of WarU.S. Department of Justice United States Attorney Eastern...November 13, 2002 — 12 Nov 2002 — Once he was able to acces...

    Published: November 13, 2002

  6. Source: cybereason.com
    Title: Malicious Life Podcast: The U.S
    Link: https://www.cybereason.com/blog/malicious-life-podcast-the-u.s-vs.-gary-mckinnon
    Source snippet

    vs. Gary McKinnonChoosing to use RemotelyAnywhere as a means of access was a sneaky move, because it's a software tool not only used by h...

  7. Source: mg.co.za
    Title: 2008 07 30 uk computer hacker loses appeal over us extradition
    Link: https://mg.co.za/news/south-africa/2008-07-30-uk-computer-hacker-loses-appeal-over-us-extradition/
    Source snippet

    Mail & GuardianUK computer hacker loses appeal over US extradition30 Jul 2008 — Gary McKinnon (42) tried to prevent his transfer to the U...

  8. Source: GOV.UK
    Title: latest on gary mckinnon case
    Link: https://www.gov.uk/government/news/latest-on-gary-mckinnon-case
    Source snippet

    on Gary McKinnon case4 Nov 2010 — Mr McKinnon is accused by US authorities of the unauthorised access of 97 government computers concerne...

  9. Source: media.techtarget.com
    Link: https://media.techtarget.com/rms/computerweekly/DowntimePDF/pdf/mckinnon.pdf
    Source snippet

    re GARY MCKINNON23 Sept 2001 — The installation of Remotely Anywhere and the other so called hacking tools would have caused an unauthori...

  10. Source: 4law.co.il
    Link: https://www.4law.co.il/501.pdf
    Source snippet

    Department of Justice United States Attorney Eastern...12 Nov 2002 — Once he was able to access the computers. McKinnon installed a rem...

Additional References

  1. Source: casemine.com
    Link: https://www.casemine.com/judgement/uk/5a8ff75e60d03e7f57eabd29
    Source snippet

    McKinnon v USA & Anor | England and Wales High Court...He obtained administrative account identities and passwords, installed remote acc...

  2. Source: scispace.com
    Link: https://scispace.com/pdf/hackers-beware-the-cautionary-story-of-gary-mckinnon-4hb95wzdss.pdf
    Source snippet

    Hackers beware: the cautionary story of Gary McKinnonGary McKinnon stands to be imminently extradited from the United Kingdom to the Unit...

  3. Source: vlex.co.uk
    Link: https://vlex.co.uk/vid/mckinnon-v-united-states-793612009
    Source snippet

    McKinnon v United States of AmericaHaving gained access to those administrative accounts, he installed unauthorised remote access and adm...

  4. Source: blackhatethicalhacking.com
    Title: gary mckinnon and the biggest military computer hack of all time
    Link: https://www.blackhatethicalhacking.com/articles/gary-mckinnon-and-the-biggest-military-computer-hack-of-all-time/
    Source snippet

    Hacking Stories: Gary McKinnon and the "biggest military...16 Nov 2020 — At the age of 36, McKinnon was accused of hacking into 97 compu...

  5. Source: medium.com
    Link: https://medium.com/%40svenpiper/the-ufo-hacker-the-unbelievable-story-of-gary-mckinnon-8b6ba74b768b
    Source snippet

    The UFO Hacker — The Unbelievable Story of Gary...McKinnon claims to have used a self-written Perl script to search for computers withou...

  6. Source: papers.ssrn.com
    Link: https://papers.ssrn.com/sol3/Delivery.cfm/5950955.pdf?abstractid=5950955&mirid=1
    Source snippet

    McKinnon extracted identities of certain administrative accounts and passwords, and installed unauthorised software which enabled him to...

  7. Source: pinsentmasons.com
    Title: pentagon hacker mckinnon fights extradition
    Link: https://www.pinsentmasons.com/out-law/news/pentagon-hacker-mckinnon-fights-extradition
    Source snippet

    'Pentagon hacker' McKinnon fights extradition28 Jul 2005 — McKinnon is accused of scanning networks for vulnerabilities and extracting ad...

  8. Source: forums.theregister.com
    Title: The decision comes after his
    Link: https://forums.theregister.com/forum/containing/1664189
    Source snippet

    hacker McKinnon will NOT be prosecuted in the UKPentagon hacker Gary McKinnon will not be prosecuted in the UK, the Crown Prosecution Ser...

  9. Source: theregister.com
    Title: mckinnon loses lords appeal
    Link: https://www.theregister.com/offbeat/2008/07/30/mckinnon-loses-lords-appeal/827846
    Source snippet

    30 Jul 2008 — His use of a remote control tool called RemotelyAnywhere to sift through files on compromised PCs proved his undoing after...

  10. Source: theguardian.com
    Link: https://www.theguardian.com/technology/2005/jul/27/hacking.internetcrime
    Source snippet

    Hacker 'left note on US army computer' | Hacking27 Jul 2005 — Mr McKinnon, 39, faces extradition to the US over claims he accessed dozens...

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