May 10 (Bloomberg) -- A British computer hacker accused of deleting critical U.S. military files around the time of the Sept. 11 attacks should be extradited to Virginia to face computer and fraud charges, a London judge ruled today.

Gary McKinnon, 40, allegedly infiltrated almost 100 military and government computers in 2001 and 2002, including U.S. Army, U.S. Navy and National Aeronautics and Space Administration systems. Less than two weeks after Sept. 11, McKinnon was accused of deleting critical files from New Jersey's Earle Naval Weapons Station, making it impossible to run the system used to monitor the location and battle readiness of Navy ships.

Judge Nicholas Evans rejected McKinnon's argument that his human rights could be endangered in American custody, saying the U.S. and U.K. have a 150-year history of compliance on extradition agreements.

``Many hundreds of extraditions have taken place over the years in both directions,'' Judge Evans told Bow Street Magistrates Court in central London. ``We have a mutual recognition of the need for each to provide fair trials for all those surrendered and this is built upon trust.''

Judge Evans said there were no exceptional circumstances to prevent the extradition, which he ruled was compatible with McKinnon's rights under the Human Rights Act 1998.

Appeal

Karen Todner, one of McKinnon's lawyers, said they would appeal the extradition decision, which the U.K. Secretary of State has two months to review. McKinnon was released on bail.

McKinnon, speaking in an interview with Bloomberg after the verdict, said he didn't feel comforted by U.S. diplomatic assurances that he will be tried in a federal court in Virginia rather than by the U.S. military. McKinnon, an unemployed computer systems administrator, said he fears he will be indefinitely imprisoned in Guantanamo Bay, Cuba if extradited.

``I don't believe America is a just democracy,'' McKinnon told Bloomberg.

McKinnon has admitted leaving a note on one U.S. Army computer reading: ``U.S. foreign policy is akin to government sponsored terrorism ... it was not a mistake that there was a huge security stand down on September 11th last year ... I am SOLO. I will continue to disrupt at the highest levels,'' Mark Summers, a lawyer representing the U.S. government, has said.

Obvious Risk

Judge Evans said McKinnon used remote access software to control the U.S. government computers and to install hacking tools enabling him to scan more than 73,000 computers. It cost the U.S. around $700,000 to repair the damage.

McKinnon accessed 53 U.S. Army computers, 26 U.S. Navy computers, 16 NASA computers, and one U.S. Department of Defense computer, Judge Evans said. McKinnon was arrested in 2002 at his London home and his computers were seized.

``It must be obvious to any defendant that if you choose to commit a crime in a foreign country you run the risk of being prosecuted in that country,'' Judge Evans said. ``If the level of punishment in that country is higher than in comparable circumstances it would be in the U.K., so be it.''

U.S. federal prosecutors indicted McKinnon in New Jersey and Virginia in 2002. A superseding indictment, charging McKinnon with five counts of fraud and related charges in connection with computers, was returned against him in the U.S. District Court for the Eastern District of Virginia in August 2004.

The U.S. government has provided written assurances that McKinnon's human rights will be respected. Summers argued in an April hearing that the extradition request was a ``proportionate and legitimate response to an issue of national security.''

To contact the reporter on this story: Caroline Byrne at cbyrne12@bloomberg.net.

Last Updated: May 10, 2006 07:23 EDT