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Why Do Mc Kinnon's Computer Totals Differ?

The totals of 97, 92 and six computers reflect different jurisdictions and system categories rather than a simple factual contradiction.

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On this page

  • The 97 government computer figure
  • What the Virginia indictment counted
  • How jurisdiction shaped the published totals

Introduction

The differing totals reported in US records about Gary McKinnon’s computer intrusions—most commonly 97, 92, and six computers—are not contradictory descriptions of the same evidence. Instead, they reflect how different legal documents counted different groups of alleged victims for different purposes. The broader extradition record summarised all of the US government computers allegedly accessed during the investigation, while the Virginia indictment focused only on the systems within that court’s jurisdiction and separately counted a small group of private-sector computers. Understanding these distinctions helps explain why multiple figures appear throughout official records without indicating that investigators changed their core allegations.[UK Parliament]publications.parliament.ukUK Parliament House of LordsUK ParliamentHouse of Lords - Mckinnon V Government of The United States of America and AnotherJuly 30, 2008…Published: July 30, 2008

Intrusion Totals illustration 1

The 97 government-computer figure

The figure of 97 US government computers became the best-known overall total because it was used in the formal extradition proceedings between the United States and the United Kingdom.

The House of Lords judgment summarising the extradition request states that the United States alleged McKinnon gained unauthorised access to 97 US government computers between 1 February 2001 and 19 March 2002. The judgment also breaks those systems down by agency:

  • 53 Army computers
  • 26 Navy computers
  • 16 NASA computers
  • 1 Department of Defense computer
  • 1 Air Force computer

These categories total 97 government-owned systems. The judgment presents this as the overall scope of the alleged government intrusions rather than as the contents of a single criminal indictment.[UK Parliament]publications.parliament.ukUK Parliament House of LordsUK ParliamentHouse of Lords - Mckinnon V Government of The United States of America and AnotherJuly 30, 2008…Published: July 30, 2008

This broader figure therefore serves as a case-wide summary, bringing together the alleged conduct across multiple military branches and civilian agencies during the investigation.

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What the Virginia indictment counted

The Eastern District of Virginia indictment used a different counting method because it charged only the conduct falling within that federal court’s jurisdiction.

According to the Department of Justice announcement, the Virginia grand jury alleged that between March 2001 and March 2002 McKinnon:

  • accessed 92 computers belonging to the US Army, Navy, Air Force, Department of Defense and NASA; and
  • accessed six computers belonging to private businesses.

The indictment therefore distinguishes between government systems and private-sector systems instead of presenting one combined total.[Department of Justice]justice.govDepartment of JusticeLondon, England Hacker Indicted Under Computer Fraud and Abuse Act For Accessing Military Computers (November 12, 2002)…Published: November 12, 2002

Importantly, the Virginia indictment does not claim responsibility for every alleged intrusion investigated by US authorities. It was a charging document designed around the offences prosecutable in that district rather than a comprehensive inventory of every affected computer.

Intrusion Totals illustration 2

How jurisdiction shaped the published totals

The apparent inconsistency largely disappears once the different jurisdictions are considered.

In November 2002, US prosecutors announced two separate indictments:

  • a Virginia indictment covering the broader pattern of alleged military, NASA and related intrusions within that district’s jurisdiction; and
  • a New Jersey indictment centred on alleged activity involving the Naval Weapons Station Earle network.

The New Jersey press release explicitly noted that the two federal districts would conduct separate prosecutions and described the Virginia indictment as covering the 92 military and NASA systems plus the six private-company computers, while the New Jersey case addressed the separate allegations concerning Naval Weapons Station Earle.[Department of Justice]justice.govDepartment of JusticeBritish National Charged with Hacking Into N.J. Naval Weapons Station Computers, Disabling Network After Sept. 11 (N…

Because federal criminal jurisdiction in the United States is organised by judicial districts, prosecutors often divide complex cyber cases according to where particular offences occurred or where affected systems were located. The resulting indictments therefore need not reproduce identical victim counts.

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Why the numbers are not a factual contradiction

The three figures refer to different categories of alleged conduct:

FigureWhat it represents97Overall number of US government computers described in the extradition request and later summarised by the House of Lords.[UK Parliament]publications.parliament.ukUK Parliament House of LordsUK ParliamentHouse of Lords - Mckinnon V Government of The United States of America and AnotherJuly 30, 2008…Published: July 30, 2008 computers specifically charged in the Eastern District of Virginia indictment. [Department of Justice](https://www.justice.gov/archive/criminal/cybercrime/press-releases/2002/mckinnonIndict.htm private-company computers included in the Virginia indictment, not part of the government-computer total.[Department of Justice]justice.govDepartment of JusticeLondon, England Hacker Indicted Under Computer Fraud and Abuse Act For Accessing Military Computers (November 12, 2002)…Published: November 12, 2002

The figures therefore answer different questions:

  • 97 asks: How many government computers did the overall extradition allegation cover?
  • 92 asks: How many government computers were charged in the Virginia federal case?
  • Six asks: How many private-business computers were also included in that indictment?

Official records do not state that investigators revised the allegations from 97 to 92 computers. Rather, the documents were prepared for different legal purposes and counted different categories of systems.

Intrusion Totals illustration 3

The key takeaway

The varying totals in US records stem from legal structure rather than evidential inconsistency. The extradition documents summarised the full allegation of access to 97 government computers, whereas the Virginia indictment charged 92 government systems within its jurisdiction and separately identified six private-company computers. Reading the documents in their procedural context shows that the differing numbers reflect the way US federal prosecutions divided the alleged conduct, not a disagreement over the existence of the underlying investigation.[parliament.uk]publications.parliament.ukUK Parliament House of LordsUK ParliamentHouse of Lords - Mckinnon V Government of The United States of America and AnotherJuly 30, 2008…Published: July 30, 2008

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Endnotes

1. Source: publications.parliament.uk
Title: UK Parliament House of Lords
Link:https://publications.parliament.uk/pa/ld200708/ldjudgmt/jd080730/mckinn-1.htm

Source snippet

UK ParliamentHouse of Lords - Mckinnon V Government of The United States of America and AnotherJuly 30, 2008...

Published: July 30, 2008

2. Source: justice.gov
Link:https://www.justice.gov/archive/criminal/cybercrime/press-releases/2002/mckinnonIndict.htm

Source snippet

Department of JusticeLondon, England Hacker Indicted Under Computer Fraud and Abuse Act For Accessing Military Computers (November 12, 2002)...

Published: November 12, 2002

3. Source: media.defense.gov
Title: U.S. Department of War U.S. Department of Justice
Link:https://media.defense.gov/2002/Nov/12/2001711901/-1/-1/1/McKinnon_comphacker.pdf

4. Source: justice.gov
Link:https://www.justice.gov/archive/criminal/cybercrime/press-releases/2002/mckinnonIndict2.htm

Source snippet

Department of JusticeBritish National Charged with Hacking Into N.J. Naval Weapons Station Computers, Disabling Network After Sept. 11 (N...

5. Source: justice.gov
Link:https://www.justice.gov/archives/opa/pr/five-indicted-new-jersey-largest-known-data-breach-conspiracy

Source snippet

July 25, 2013 — Press Release FIVE INDICTED IN NEW JERSEY FOR LARGEST KNOWN Data Breach Conspiracy Thursday, July 25, 2013 For Immediate...

Published: July 25, 2013

6. Source: GOV.UK
Title: latest on [gary mckinnon case]({{ ‘mc-kinnon-case/’ | relative_url }})
Link:https://www.gov.uk/government/news/latest-on-gary-mckinnon-case

Source snippet

on Gary McKinnon case - GOV.UKNovember 4, 2010 — LATEST ON GARY MCKINNON CASE Find out the latest position on the Glasgow-born systems ad...

Published: November 4, 2010

Additional References

7. Source: theguardian.com
Link:https://www.theguardian.com/technology/2002/nov/13/hacking.internetcrime

Source snippet

US seeks extradition of Briton accused of hacking into military computers | Hacking | The GuardianNovember 12, 2002 — * World * Climate c...

Published: November 12, 2002

8. Source: govexec.com
Title: British man indicted for hacking into military networks
Link:https://www.govexec.com/technology/2002/11/british-man-indicted-for-hacking-into-military-networks/12896/

Source snippet

Government ExecutiveNovember 12, 2002 — BRITISH MAN INDICTED FOR HACKING INTO MILITARY NETWORKS Shane Harris | November 12, 2002 By Shane...

Published: November 12, 2002

9. Source: vlex.co.uk
Title: Mc Kinnon v United States of America
Link:https://vlex.co.uk/vid/mckinnon-v-usa-818719549

Source snippet

McKinnon v United States of America - vLex United KingdomJuly 30, 2008 — MCKINNON V UNITED STATES OF AMERICA Jurisdiction | England & Wal...

Published: July 30, 2008

10. Source: en.wikisource.org
Title: US v Gary Mc Kinnon Indictment
Link:https://en.wikisource.org/wiki/US_v_Gary_McKinnon_Indictment

Source snippet

v Gary McKinnon Indictment - Wikisource, the free online libraryUS V GARY MCKINNON INDICTMENT Download IN THE UNITED STATES DISTRICT COUR...

11. Source: computerworld.com
Title: Massive hacking spree halted; man indicted – Computerworld
Link:https://www.computerworld.com/article/1334491/massive-hacking-spree-halted-man-indicted.html

Source snippet

Federal prosecutors from Virginia and New Jersey today indicted a British citizen on eight...

12. Source: washingtonpost.com
Title: Briton Indicted as Hacker
Link:https://www.washingtonpost.com/archive/politics/2002/11/13/briton-indicted-as-hacker/7e4a2ad4-caab-4f9a-a71c-ddbcdd192992/

Source snippet

Military Systems Called Biggest Ever Detected November 12, 2002 More than 23 years ago By Brooke A. Masters An unemployed British compute...

Published: November 12, 2002

13. Source: wired.com
Title: military and NASA. Save
Link:https://www.wired.com/2002/11/brit-accused-of-hacking-pentagon/

Source snippet

Brit Accused of Hacking Pentagon | WIREDNovember 12, 2002 — Nov 12, 2002 11:45 AM BRIT ACCUSED OF HACKING PENTAGON Authorities indict a 3...

Published: November 12, 2002

14. Source: youtube.com
Link:https://www.youtube.com/watch?v=6Ka4l7jdeQw

Source snippet

Gary McKinnon NASA hacking legal case video Gary Mckinnon: The Hacker Who Found UFOs Thinker...

15. Source: youtube.com
Title: Gary Mc Kinnon wins extradition battle
Link:https://www.youtube.com/watch?v=y4lecD44F5E

Source snippet

The Most Dangerous File the Hacker Found on NASA Servers... (Aliens?!)...

16. Source: youtube.com
Title: The Man Who Hacked the U.S. Government
Link:https://www.youtube.com/watch?v=ND0zQX1rGdg

Source snippet

Hacking for UFOs and fighting for his life. Who is Gary McKinnon?...