Wigan man who took control of webcams should not be extradited, judge rules
The married father-of-three tricked hundreds of people around the world into downloading a program onto their computers to spy on them.
By Henry Vaughan, PA
A British hacker who took control of webcams around the world to spy on hundreds of people should not be extradited to the US, a judge has ruled.
Christopher Taylor, 57, tricked 772 people in 39 different countries into downloading a computer program from his home in Wigan between 2012 and 2015.
The married father-of-three collected hundreds of images, including "people in various stages of undress and involved in sexual activity'', Westminster Magistrates' Court heard.
He was caught after administrators at Georgia Institute of Technology, in Atlanta, alerted the FBI when the malware was installed on the laptop of a student at the university's aerospace laboratory.
In an interview with an FBI special agent and a detective from Greater Manchester Police in 2016, Taylor confessed to using his program to take over webcams before downloading screenshots and videos.
He is wanted in the US to face trial on an indictment alleging one offence of wire fraud and two of computer fraud.
But District Judge Michael Fanning on Monday ordered Taylor's discharge from the extradition request after his lawyers argued he should instead face proceedings in the UK, where no criminal investigation has yet been launched.
"I do find in your favour,'' the judge said. "I do find extradition would not be in the interests of justice.''
But he added: "You should note, the US government can appeal against my decision or they may choose to provide evidence to the authorities in the UK so you can be prosecuted here.''
Taylor, appearing on his solicitor's laptop after he could not access the court's video-link system, was granted conditional bail after Daniel Sternberg, representing the US government, indicated the US would appeal.
The court heard "CyberGate'' and other remote access tools were found on Taylor's computer along with some 772 files - one per victim - containing hundreds of saved webcam images, "including images of people in various stages of undress and involved in sexual activity''.
The judge said in a written judgment: "None, it would seem, were aware of (Taylor's) illicit observation of them. Certainly, none of them consented to it.''
Some 52 victims were identified in both the US and the UK and Taylor's lawyer, Ben Cooper QC, argued his client should face proceedings in England, where he would likely be handed a suspended prison sentence if convicted.
The barrister said in written submissions Taylor had not used the malware for "sexual gratification'' or targeted anyone in particular but had an "obsessive interest in computers and hacking''.
"He would try to build fast computers and play video games for hours on end every night. He also became fascinated by the idea that he would be able to see through other people's webcams - describing it himself as an 'addiction','' Mr Cooper said.
"It is submitted that it is not in the interests of justice to extradite Mr Taylor given the entirety of the activity for which Mr Taylor is charged was carried out in Mr Taylor's home in Wigan, England, where he still resides and has strong and significant family connections and only 7% of the victims were based in the US at the time with 93% outside of the US.''