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Within Mc Kinnon Case

Mckinnon Damage Clai

The most contentious factual issue in Gary McKinnon's case was not whether he accessed US government computers without authorisation—he admitted that he did—but whether his actions caused the extensive operational damage alleged by US prosecutors.

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Was McKinnon a Browser or a Saboteur?

The US indictment and later court filings portrayed McKinnon as someone who deliberately interfered with government computer systems after obtaining administrator access. Prosecutors alleged that the damage extended far beyond unauthorised browsing and included actions that impaired military operations and required extensive restoration work.[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

Mckinnon Damage Clai illustration 1

The public allegations can be grouped into four broad categories:

  • Deletion of critical operating system files that allegedly rendered computers unusable.
  • Deletion of user accounts and system logs, preventing normal operation and hindering administrators’ ability to assess what had occurred.
  • Copying passwords and account information from numerous government computers.
  • Financial losses associated with investigating the intrusions, rebuilding systems and restoring network security.[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

These allegations formed the basis for the US government’s argument that the case involved significant disruption to defence-related systems rather than simple trespass.

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The Alleged Outages and Deletions

The most serious allegation concerned the US Army’s Military District of Washington (MDW) network.

According to the allegations summarised by the House of Lords, McKinnon deleted critical operating system files from nine computers. Prosecutors claimed these deletions caused the entire MDW network—comprising more than 2,000 computers—to become unavailable for approximately 24 hours, significantly disrupting government functions. The alleged disruption became one of the central examples cited throughout the extradition litigation.[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

US authorities also alleged that McKinnon deleted approximately 2,455 user accounts on another Army computer responsible for controlling access to a military network. The claimed consequence was that affected systems repeatedly rebooted and became inoperable until administrators restored them.[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

A separate allegation involved the Naval Weapons Station Earle in New Jersey. Prosecutors asserted that McKinnon deleted computer logs from systems used to monitor information about Navy ships, including their location, staffing and operational readiness. According to the allegations, removing those logs rendered the installation’s network of more than 300 computers inoperable and left it vulnerable to further intrusion. US authorities emphasised that this occurred during the period immediately following the 11 September 2001 terrorist attacks, increasing the perceived seriousness of the alleged disruption.[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

Prosecutors further alleged that McKinnon copied operating system files containing account names and encrypted passwords from multiple Army, Navy and NASA computers, including hundreds of passwords associated with Naval Weapons Station Earle. Although copying credentials was distinct from the alleged disruption, it formed part of the overall picture presented by the prosecution.[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

Mckinnon Damage Clai illustration 2

The Financial Damage Claimed by Prosecutors

Public reporting consistently referred to an estimated loss of roughly US$700,000, although the legal record provides important context for what that figure represented.

The House of Lords noted that, for sentencing purposes in a potential guilty plea, US prosecutors were prepared to place the provable monetary loss within a range of US$400,000 to US$1 million. Importantly, the calculation was said to consist primarily of labour costs: the hours government employees spent assessing compromised systems and restoring them to service, multiplied by their hourly rates. The figure did not include broader economic losses resulting from networks being unavailable, nor did it include additional sentencing enhancements that prosecutors believed might have been available if the case went to trial.[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 distinction is often overlooked. The published damage estimate was not presented simply as the cost of replacing destroyed equipment but largely as the expense of investigation, forensic examination, recovery and remediation following the intrusions.

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McKinnon’s Alternative Explanation

McKinnon consistently rejected the characterisation that he had intentionally sabotaged military systems.

He admitted obtaining administrator access and acknowledged leaving messages critical of US security practices. He also accepted that his actions could have temporarily affected systems while he explored them. However, he maintained that his purpose was to search for evidence relating to UFOs, suppressed technology and what he believed were hidden government programmes—not to damage infrastructure or interfere with military operations.[wired.com]wired.comterrorist or ufo truth seeker? | WIREDApril 28, 2006…Published: April 28, 2006

He also argued that the affected systems were poorly secured, with many protected by blank administrator passwords, and suggested that the government exaggerated both the technical sophistication of the intrusions and the resulting damage. In interviews, McKinnon portrayed the case as exposing serious cybersecurity weaknesses rather than demonstrating a highly sophisticated attack.[wired.com]wired.comterrorist or ufo truth seeker? | WIREDApril 28, 2006…Published: April 28, 2006

His legal team likewise challenged the prosecution’s portrayal of deliberate destruction, arguing that any impairment was temporary and disputing the scale of the alleged consequences.[wired.com]wired.comACL U Calls Pentagon Hacker's Extradition 'Tragic' | WIREDACL U Calls Pentagon Hacker's Extradition 'Tragic' | WIRED

Mckinnon Damage Clai illustration 3

The public record clearly establishes several points.

McKinnon admitted unauthorised access to numerous US military and NASA computers. The US government formally alleged extensive operational disruption, deletion of files, network outages and substantial recovery costs. Those allegations were repeatedly accepted as the factual basis for extradition proceedings because extradition hearings are generally concerned with legal sufficiency rather than determining guilt through a full trial.[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

What the legal record does not establish is that those allegations were proved beyond reasonable doubt at trial. McKinnon was never tried in the United States because the UK Home Secretary ultimately blocked his extradition on human rights grounds related to his health. Consequently:

  • No jury assessed competing expert evidence about the alleged damage.
  • Defence lawyers never cross-examined the government witnesses responsible for the technical claims.
  • No criminal court reached factual findings resolving whether the outages occurred exactly as alleged, whether McKinnon directly caused every claimed failure, or whether the financial losses accurately reflected his conduct.[GOV.UK]GOV.UKLatest on Gary Mc Kinnon caseLatest on Gary McKinnon case - GOV.UK…

As a result, the central factual dispute remains unresolved. The prosecution’s account is extensively documented in indictments and court summaries, while McKinnon’s competing explanation appears in interviews and legal arguments. The absence of a completed trial means neither version received a final judicial determination on the underlying facts.

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

Source snippet

Latest on Gary McKinnon case - GOV.UK...

3. Source: wired.com
Title: Accused Pentagon Hacker in Court | WIRED
Link:https://www.wired.com/2005/06/accused-pentagon-hacker-in-court/

4. Source: wired.com
Title: terrorist or ufo truth seeker
Link:https://www.wired.com/2006/04/terrorist-or-ufo-truth-seeker/

Source snippet

? | WIREDApril 28, 2006...

Published: April 28, 2006

5. Source: wired.com
Title: ACL U Calls Pentagon Hacker’s Extradition ‘Tragic’ | WIRED
Link:https://www.wired.com/2009/08/aclu-mckinnon/

6. Source: publications.parliament.uk
Link:https://publications.parliament.uk/pa/cm200910/cmhansrd/cm091201/debtext/91201-0004.htm

Source snippet

David Burrowes (Enfield, Southgate) (Con) (Urgent Question): To ask the Secretary of State for the Home Department if he will make a stat...

7. Source: hansard.parliament.uk
Title: uk Commons Chamber
Link:https://hansard.parliament.uk/html/Commons/2009-12-01/CommonsChamber

8. Source: hansard.parliament.uk
Title: uk Commons Chamber
Link:https://hansard.parliament.uk/Commons/2009-12-01/debates/f3766a4d-8bb1-473f-abd2-7982ab0c00d7/CommonsChamber

9. Source: wired.com
Link:https://www.wired.com/2009/07/mckinnon/

10. Source: publications.parliament.uk
Title: uk House of Lords
Link:https://publications.parliament.uk/pa/ld200809/ldjudgmt/jd090304/rgrj-1.htm

11. Source: flyingpenguin.com
Title: Gary Mc Kinnon | flyingpenguin
Link:https://www.flyingpenguin.com/gary-mckinnon/

12. Source: schneier.com
Title: Gary Mc Kinnon
Link:https://www.schneier.com/?p=2390

Additional References

13. Source: theguardian.com
Title: Gary Mc Kinnon will face no charges in UK | Gary Mc Kinnon | The Guardian
Link:https://www.theguardian.com/world/2012/dec/14/gary-mckinnon-no-uk-charges

Source snippet

He will not face any charges in the UK after he won his fight against extradition to the US. Photograph: Sang Tan/AP Gar...

14. Source: arstechnica.com
Title: uk halts extradition of accused hacker over suicide concerns
Link:https://arstechnica.com/tech-policy/2012/10/uk-halts-extradition-of-accused-hacker-over-suicide-concerns/

Source snippet

Ars TechnicaOctober 16, 2012 — UK HALTS EXTRADITION OF ACCUSED HACKER OVER SUICIDE CONCERNS Gary McKinnon was looking for UFOs, but US bl...

Published: October 16, 2012

15. Source: spectrum.ieee.org
Title: the autistic hacker
Link:https://spectrum.ieee.org/the-autistic-hacker

Source snippet

The U.S. Department of Justice hasn’t publicly discussed how it became aware of McKinnon, but he believes his intrusion was detected when...

16. Source: youtube.com
Title: Hacking for UFOs and fighting for his life. Who is Gary Mc Kinnon?
Link:https://www.youtube.com/watch?v=OImdnvQx7sQ

Source snippet

Ancient Aliens: Hacking NASA Secrets (Season 12, Episode 9)...

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

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

19. Source: theguardian.com
Link:https://www.theguardian.com/technology/2008/jul/31/hacking.hitechcrime

20. Source: theguardian.com
Link:https://www.theguardian.com/technology/2008/jul/30/gary.mckinnon

21. 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?...

22. Source: sooperkanoon.com
Link:https://sooperkanoon.com/case/945113/mckinnon-appellant-vs-government-respondents