UK Edition
British hacker Lauri Love to be extradited to the US for 'accessing government computers'
An alleged computer hacker deemed a suicide risk should be extradited to the US to stand trial for accessing dozens of US government IT systems, including the FBI, the US Army and the Department of Defense, and stealing “massive amounts” of data, a British judge ruled.
If found guilty of the US charges, filed against Love in New York, New Jersey and Virginia, Lauri Love faces a maximum penalty of 99 years in prison and fines of $9 million (£6.9m), according to his lawyers’ estimates.
"I'm going to extradite Mr Love," said Judge Nina Tempia at Westminster Magistrate’s Courthouse. "But what I mean by that is that I'm going to send his case to the secretary of state."
The 31-year-old - who has Asperger’s Syndrome, severe depression and is a suicide risk, according to his doctor – said he will appeal the decision.
“We shouldn’t see this as the end, this is just a point in the longer process and we will continue to fight,” said Love outside the Court.
Love, who was emotional but defiant, added: “I thank Judge Nina Tempia for giving us the opportunity to win at a higher court and set a stronger precedent so I think this only helps the causes of security better.
“It’s just unfortunate for me and my family that we have to go through another six months to a year of this legal stuff, but it’s what we have to do.”
Love’s solicitor Karen Todner said she was “very disappointed” with the decision, and hesitantly added that she’s “as confident as I can be” about the appeal.
“He’s got a long way to go. And Love’s life is literally at stake,” said Todner. "I thought we had done enough. I'm hopeful that the higher courts will consider the human rights issues."
Love now has 14 days to make a representation to the secretary of state and then another 14 to lodge an appeal against the decision. Todner estimates that it could take another six months to a year before Love's appeal would appear before the High Court. She said he plans to appeal as far as the European Court of Human Rights.
Love is accused of committing the cyber attacks as part of a “hacktivist” campaign in 2012 and 2013 to protest the death of Aaron Swartz, a computer programmer who committed suicide while facing up to 35 years in US prison for charges of computer misuse.
Love was first arrested for the crimes by UK police in 2013, but no charges were filed. Two years after his initial arrest, the Metropolitan Police arrested him again, this time on behalf of the US.
The case is reminiscent of Gary McKinnon’s decade-long battle against extradition for hacking into Nasa's computer systems to look for evidence of UFOs. In 2012, then-Home Secretary Theresa May stepped in and blocked the extradition request.
Following McKinnon’s case, May introduced the “forum bar” amendment, which removed the Home Secretary's powers to intervene in extradition cases, instead giving the courts the ability to block requests if it is in the interest of justice to hold a trial in the UK.
Judge Tempia’s decision to extradite Love was met by an audible gasp in the courtroom and shouts of "kangaroo court" from dozens of Love supporters wearing stickers that said “No Love for US Gov”.
In response to fears that Love's health will suffer if he is sent to the US, Judge Tempia said: "I accept Mr Love suffers both physical and mental health issues, but I have found the medical facilities in the United States prison estate available to him on arrival and during any sentence if he is convicted are such that I can be satisfied his needs will be comprehensively met by the US authorities."
His father Rev Alexander Love, who is a chaplain in a prison, said he was “very upset” about the ruling.
“It is not right that my son can be taken away. It is my belief that it is not fair or just that a boy who has got mental health issues can be taken away from his family who are his support network,” he said. “We’ve had a big discussion about who can come into this county. Let’s have a discussion about who can be taken out and why they should be taken out.”