Amber Rudd orders Lauri Love to be extradited to America over allegations of stolen data

The BBC has today been accused of 'hounding' British hacking suspect Lauri Love after he was asked if he was guilty of stealing secret data from the US government.

Mr Love, 31, an Asperger's sufferer from Newmarket, Suffolk, fears he 'may die' if he is sent to America for trial where faces a 99-year prison sentence if convicted.

Amber Rudd yesterday backed the decision of a judge to extradite the vicar’s son to face charges of hacking into the US Army, the Department of Defence, Nasa and the FBI.

Today he appeared on BBC Radio 4's Today programme and said that he would appeal Ms Rudd's decision at the High Court.

Presenter Sarah Montague asked him repeatedly about the alleged hacking and said: 'You have never said you didn't do it'.

Mr Love refused to be drawn, saying he has never been charged or seen any evidence, and said he would only talk about it if there was a trial. 

Lauri Love (pictured with his parent's Reverend Alexander Love and Sirkka Love) was, according to U.S. authorities, part of a criminal network specialising in computer intrusions. He now faces extradition despite no evidence having been presented by US authorities 

The line of questioning sparked outrage online - listener Pete Broadbent tweeted: 'Terrible interview of Lauri Love @BBCr4today this morning, hounding someone to admit their guilt pre-trial on national radio was poor form!'

Phill Skill said: '@BBCr4today Disgusted at the way your reporter intimidated Lauri Love trying to make him incriminate himself He has Aspergers Shame on you!

Jude Jackson said: 'Shocking that #R4today is trying to get #LauriLove to admit to a crime on live radio! No to trial by public opinion!' 

Tom Kirby ‏wrote: 'Disgraceful questioning @BBCr4today of Lauri Love - given harder time than any BREXIT politician, prejudicing trial -#BBC #aspergers'.

Others have said that Mr Love should never have appeared on radio.

Andrew Little wrote: 'What idiot told Lauri Love that it was a good idea to be interviewed on #r4today The interviewer isn't the one who should be criticised'.

@wriggers69 said: Did lauri love think he was improving his position by appearing on the show. He didnt, whoever advised him got that wrong'.

Amber Rudd's decision means that barring a successful appeal, the ‘vulnerable and mentally unwell’ student will be sent to the US where he faces a 99-year prison sentence if convicted.

Speaking to the Daily Mail last night Mr Love, 31, who lives with his parents near Newmarket, Suffolk, said he feared for his future.

‘I don’t think much of my future life prospects. I face decades and decades behind bars and at worst I may die,’ he said.

‘We were kind of expecting this but it’s still a disappointment and a kick in the gut. I’ve got to watch my mental health now and make sure I have support. We will put as much as we can into the appeal.’

Home Secretary Amber Rudd, above, has signed the 31-year-old's extradition order, the Home Office announced on Monday

His father the Rev Alexander Love said: ‘He has warned us on numerous occasions that he would take his own life rather than go to the US. He’s a 31-year-old genius but he lives with his parents because he cannot cope on his own.

Lauri (pictured aged one) faces 99 years in prison in the US. In Britain he would serve no longer than two years for the same crime

‘They’re going to put my son in chains and an orange jumpsuit and lock him up for decades to send a message to other hackers.’

He added that the US-UK extradition treaty was flawed.

‘This country is called Great Britain because we believe in fairness, decency and justice and that the punishment will fit the crime,’ he added.

‘The US doesn’t have that. It believes in an ultimate deterrent. They want to lock him up for decades when he would face a maximum of three years here. This situation is insane. He’s never even been to the US. This treaty was meant to stop terrorists, not people like my son.’

Mr Love’s mother Sirkka, who teaches in prisons, said: ‘Our fear is that if this continues and he is extradited then he will not come back to us alive.

CHARGES THAT COULD LAND HIM A 99-YEAR SENTENCE 

Lauri Love faces 12 counts of computer hacking which could mean a 99-year prison sentence and a $9million (£7.2million) fine.

If extradited, he will face separate trials in New York, New Jersey and Virginia for allegedly stealing information from US military and government agencies.

His alleged victims ran into the ‘many thousands’ and he caused millions of dollars worth of damage, according to the prosecution at his extradition hearing.

He is accused of being a ‘hacktivist’ – part of an online community of political cyber protesters.

The US indictment charges him with computer hacking in order to make public confidential information, and ‘aggravated’ identity theft to access databases.

Mr Love is also accused of accessing and ‘causing damage’ to government computers and possessing credit card numbers. He is said to have placed hidden ‘shells’ or ‘backdoors’ within networks, allowing for confidential data to be stolen.

‘The treaty is flawed and one-sided. The US don’t even have to present evidence. That is what makes it so cruel – he will be punished before he is found to be innocent or guilty.’

Mr Love’s case is described as almost identical to that of hacker Gary McKinnon, who was spared extradition by Theresa May following a Mail campaign.

She said at the time that extraditing Mr McKinnon would carry ‘such a high risk of him ending his life’ that it would be incompatible with his human rights.

But Amber Rudd yesterday approved the decision of a judge in October to extradite Mr Love to the US to face the charges in three separate states.

A letter to his lawyers says she has ‘fully considered’ their argument that the extradition arrangement is ‘inadequate and ineffective and fails to safeguard Mr Love’s rights’.

Lauri Love with his parents, Alexander Love, a prison chaplain and his mother Sirkka-Liisa Love outside his extradition hearing in September

Lauri Love photographed during an Occupy protest at Glasgow University

But she concludes that she has no power to bar his extradition because it is a ‘matter for the courts’.

Mr Love’s legal team say they will appeal against the decision in the High Court on the grounds that his mental health and a recent change to the law called the forum bar weren’t taken into account.

The forum bar was introduced in the wake of the McKinnon case to allow alleged crimes committed on British soil to be tried in UK courts.

Mr Love’s legal team claim that his case can be heard in Britain because he allegedly hacked the databases from his home computer in Suffolk.

ONE-SIDED TREATY FAVOURS AMERICA 

The controversial UK-US extradition treaty has been criticised for being one-sided and skewed in favour of the US.

While a British request for extradition must include information that would provide a ‘reasonable basis’ for a criminal charge, there is no equivalent requirement for a US request.

The US Department of Justice also has to examine whether there is ‘probable cause’ to justify a UK request – but this doesn’t apply the other way around.

In 2012 the UK’s Home Affairs Select Committee said British people were losing confidence in the treaty and major changes were needed ‘to restore public faith’. While 38 individuals have been extradited from the US to the UK under a 2003 treaty, no US citizens who committed a crime on US territory have been extradited.

However, 77 individuals have been extradited from the UK to the US over the same period.

Gary McKinnon is one of the most high-profile cases, but his extradition was refused on the grounds that he might commit suicide.

After she intervened to prevent Mr McKinnon’s extradition, Theresa May introduced a so-called ‘forum bar’ to prevent a repeat of his ordeal. This allows the courts to refuse extradition in cases where a substantial amount of the alleged crime has taken place in the UK and it can be prosecuted in Britain.

Before the bar was introduced in 2013, the Home Secretary had discretion to refuse extradition on various grounds, including human rights.

But since then the power has transferred to the courts and the Home Secretary can no longer intervene except on very specific points which do not apply in this case.

US authorities are yet to produce any evidence against Mr Love, despite requesting his arrest in 2013.

Medical experts have deemed him to be a high suicide risk and have warned that the US prison system is not equipped to support him.

More than 120 MPs have signed a letter urging President Obama not to extradite him. Barry Sheerman MP said: ‘We have a system of justice in our country which is trusted by the US government. He can be tried here.’

Mr Love pictured outside Westminster Magistrates Court after he lost his extradition hearing 

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