I am intrigued by the case of Gary McKinnon, the Brit who has admitted to extensively hacking the American governmental and military security systems. Today, the Inquirer described a unique proceeding that could have real and significant implications for adults diagnosed with Asperger syndrome or other autism spectrum disorders:
THE HIGH COURT indicated today that the government might have to block the extradition of Gary McKinnon to face hacking charges in the US because the process might shatter his mental health.

The question will be decided in a Judicial Review to be held on the first available High Court slot after the 16th of March. It will consider whether extraditing someone with Asperger's Syndrome, a form of autism with which Gary was recently diagnosed, would constitute torture, or inhuman or degrading treatment under Article 3 of the European Convention of Human Rights.

Justice Kay, presiding Judge, referred to clinical evidence that described the effect a foreign trial and imprisonment would have on someone with Asperger's Syndrome, the diagnosis of which in Gary's case was "unequivocal".

He read part of the report that constituted Dr Thomas Berney's diagnosis of Gary with Asperger's Syndrome on 25 August 2008.

"The presence of AS leaves Mr McKinnon vulnerable to the stress of social complexities as well as anything that is unfamiliar or novel to him. If he finds himself in circumstances where he is unable to withdraw from complex environments he is likely to develop pathological anxiety and given the presence of a developmental disorder he will be prone to develop an acute psychotic disorder," Justice Kay read to the court.

"I would be concerned [about] the degree of stress that would be inherent in imprisonment with its encounters with other people. Others, particularly fellow prisoners, are unlikely to have much sympathy with Mr McKinnon's innate difficulties," he read.

A prison environment would be tough enough in an English culture, let alone in another country, the report added. Simon Baron Cohen, Cambridge University expert in autism, had supplied clinical evidence to support this view.
So what exactly did McKinnon do to bring about the possibility of a judgement that could destroy his mental health? The Telegraph quotes American officials:
They say he stole 950 passwords and deleted files at Earle naval weapons station in New Jersey.

The US military alleges that he caused 800,000 dollars-worth (£550,000) of damage and left 300 computers at a US Navy weapons station unusable immediately after the September 11 atrocities.

He was accused of using his computer skills to gain access to 53 US Army computers, including those used for national defence and security, and 26 US Navy computers, including those at US Naval Weapons Station Earle, which is responsible for replenishing munitions and supplies for the deployed Atlantic fleet.

He was also charged with hacking into 16 Nasa computers and one US Defence Department computer.

Mark Summers, an official representing the US government, told a London court that McKinnon's hacking was "intentional and calculated to influence and affect the US government by intimidation and coercion".

He faces up to 70 years in a US prison if found guilty, all for a crime he described as "ridiculously easy".
Of course, there's no doubt that a person with Asperger syndrome is likely to be more fragile, more naive, and more prone to mental illness such as depression than someone without Asperger syndrome. It's not unreasonable to suggest that McKinnon's Asperger syndrome may have played a role in motivating him - and it's certainly possible that his AS would make extradition a serious hardship. And from what I can gather, whether he serves a sentence in the UK or in the US, McKinnon will certainly pay a debt to society. .

But on the other hand - McKinnon didn't just poke around a government facility to see what he could see. He deliberately and knowingly stole passwords, deleted files, and otherwise disrupted American defense. He didn't do it once; he did it many times over the course of two years. And he isn't a kid; he's 42 years old.

More significantly to the autism community, though, by "pleading autism," McKinnon is suggesting that Asperger syndrome is second only to psychosis. The implication here is that, by extraditing McKinnon to the US, the courts could, in essence, drive McKinnon insane.

Up until now, it's been more or less accepted that AS is not a form of mental illness, but is rather a developmental disability. So far as I know, people with AS have not been turned away from insurance companies, volunteer opportunities or jobs because of a fear that stress could trigger mental illness. If McKinnon's plea is successful, however, a precedent will be set, and its impact could be far-reaching.

I do feel for Gary McKinnon. But this is a tricky case indeed.