New twist in Nasa hacker hearing

Gary McKinnon, the UK citizen accused of hacking into computer systems run by Nasa and the US military, will not be extradited across the Atlantic to face trial unless the US can guarantee he won't be treated as a terrorist.

At a hearing at Bow Street Magistrates' Court on Wednesday, McKinnon's lawyers claimed he could be detained indefinitely by the US authorities. McKinnon is charged with illegally accessing 97 US government computers and causing $700,000 worth of damage over a 12-month period starting in February 2001.

Speaking last year, McKinnon said he had accessed the computers because he was looking for evidence the US had found extraterrestrial life. He denied causing serious damage.

Lawyers for the defence told the court the US could choose to treat McKinnon under its "military order number one", which allows suspected terrorists to be tried under military law.

District Judge Nicholas Evans, who is hearing the case, ruled that the extradition request would be denied unless US officials could guarantee they would not prosecute McKinnon under the order.

According to The Guardian, Evans said: "All you have to do is satisfy the court he is not at risk. And if you cannot, then there is a problem."

The case is due to resume on 14 March.

Graeme Wearden writes for ZDNet UK