The Autistic Hacker: is He at Fault?

[shado_temple]

The article I'm getting this from:
http://spectrum.ieee.org/geek-life/profiles/the-autistic-hacker/1

A 36 year old London man with Asperger's Syndrome was accused of hacking into confidential systems of the US government. Gary McKinnon (the man in question) had done so in order to slake his thirst for knowledge on UFOs; a search for evidence, he believed, that the US was hiding from the rest of the world. His actions, however, caused what the US claimed to be $700,000 in damage, as well as somewhere around 1,300 user accounts and critical files which caused a system crash for the US military for 3 days.

For those of you who don't know what Asperger's is, it's a form of Autism which generally displays high intelligence in those diagnosed, with a strong understanding of complex systems in subjects that interest them. The trouble is that those afflicted normally have difficulties with both identifying social cues and understanding the implications of their actions on others.

Gary currently faces a chance of extradition to the States, where, if convicted, could face anywhere from a few years to a life sentence in prison. My question to you, fellow users of the Escapist, is how hackers in the position that Gary is currently in should be dealt with. Should they be tried in the same manner that others have been, Autism be damned? Or should these conditions be given special consideration? Finally, to quote the article, if it is to be given large consideration, "could Asperger's become the insanity defense for the hackers of the digital age?"

 

[Togs]

Charging him may or not be a good idea but getting the guy some help/medication is 100% required.

 

[CM156_v1legacy]

If we allow him to claim what is akin to the insanity defense (which I'm not a huge fan of), he should get the same punishment. IE, Being locked up to preven others from coming to harm

I have a frined with Asperger's Syndrome. And that is not carte blanche for him to do whatever he pleases without consequence.

So perhaps that should be taken into consideration, but by no means should we allow him to fly.

 

[Uber Evil]

Aspergers shouldn't be able to be used as a crutch. It doesn't really affect their sense of right and wrong, so I think he should be punished, although life in prison seems really really harsh. I would probably just do some sort of probation and confiscate his computer and stuff. Jail doesn't entirely seem justified.

 

[Davey Woo]

Was he fully aware that what he was doing was illegal?
Yes, so he should be punished like any other hacker.

If a person without Aspergers or Autism hacked into a system and their excuse was "But I was REALLY curious!" it wouldn't help their defence.

 

[daltonlaffs]

Frankly, yes, he should still be charged.

I don't care if you have ADHD or autism or Asperger's Syndrome, that should not be a free pass for anything at all. None of those conditions are untreatable, nor are they even remotely difficult to treat. We as a culture need to stop feeling bad for these sorts of people with extremely minor mental disorders, and stop letting them use it as an excuse or scapegoat.

Schizophrenia, maybe, would be another story. But certainly not Asperger's.

 

[Palademon]

No, just because he has Asperger's doesn't mean he doesn't understand what he's doing.

I have Asperger's syndrome, and no not the self diagnosed one.

 

[Thamian]

The fact that this is still being talked about atleast means he hasn't been extradited (yet I know but...) which as far as I'm concerned is a good thing. That particular extradition treaty really sticks in my craw.

 

[Gigano]

Neither his intellect or capacity to understand the law, the reasons behind it, and the sanctions attached to it was in any way diminished, and hence he shouldn't get off any easier than any other adult of legal age for being an aspie. If he was not capable of answering for his own actions in full, then he'd be under legal guardianship.

That said, the sanction is certainly somewhat disproportionate to European eyes. But that's on account of the general level of sanctioning in the American legal system being on a whole other level, not the perpetrator's mental state.

 

[daltonlaffs]

assburgers people are just a bunch of attention-whoring dickshits. The proper term for their "illness" is Autistic Psychopathy. Any other group of psychopaths are locked up for the good of mankind, but assburgers have convinced the world they're special. Lock him up for life. And then pass a law that requires euthanization of anyone who uses assburgers as an excuse.

As much as you've said what everyone is thinking, you're probably going to get banned for that...

 

[Mark Flanagan]

He should be charged, but he shouldn't be extradited. He didn't hurt anyone and his disorder would be better treated in the UK where he has access to visits from his family.

 

[Wintermoot]

Charging him may or not be a good idea but getting the guy some help/medication is 100% required.

you can,t medicate Asperger syndrome it,s more of a personality quirk then a mental sickness.
OT
he should be tried as a regular person I have Aspergers and know what I can and can,t do and what the consequences are of my actions.

 

[2012 Wont Happen]

Fuck this noise. I have three close friends diagnosed with Asperger's Syndrome and every one of them would have realized the potential consequences of hacking into the systems of the United States government. Maybe not the consequences for the government, but the legal consequences.

If you know that fire is hot, and you still want to play with it, don't come crying when you burn yourself.

 

[Klumpfot]

From what I've read, Asperger Syndrome is not a condition that often causes high intelligence, so much as it is not prohibiting of high intelligence.

As for whether or not the man is at fault, I'd say yes. If he did perform the actions in question, that is.

 

[Soviet Heavy]

The fact that this is still being talked about atleast means he hasn't been extradited (yet I know but...) which as far as I'm concerned is a good thing. That particular extradition treaty really sticks in my craw.

Probably bothers him as well. Guess he should have thought about the consequences before he started acting like an asshole.

 

[Alkaline]

As a gay man with Asperger syndrome....I say screw him, honestly. Nice job setting Asperger's acceptance back several years, ya prick.

Also, this story's still going? It's about 2 years old, I'd honestly forgotten about it 'till now.

 

[Wintermoot]

assburgers people are just a bunch of attention-whoring dickshits. The proper term for their "illness" is Autistic Psychopathy. Any other group of psychopaths are locked up for the good of mankind, but assburgers have convinced the world they're special. Lock him up for life. And then pass a law that requires euthanization of anyone who uses assburgers as an excuse.

I have aspergers and some of us are attention whores but so are "normal" people (for example: Charlie Sheen or Paris Hilton)
and unlike Chris Chandler most of us are mentally stable and form no threat to the society.

 

[Gametek]

Excuse me, my question is different. Did he even found anything on the UFO matter?

As for the prison, it's -tecnically- impossible. Gary is british, and last time I checked, US stand for United State. The USA are powerfull, but not to the point of arrest a citizen of another country. And I think that the England government will be all over Gary information, trying to steal any single private file of USA. They will obviusly try to stop, or at least buy some time, to take a look to any single Data in Gary's Harddisks...