The Grand Jury in and or the District of New Jersey, sitting in Newark, charges:  

1.  At all times relevant to this Indictment:

      a.      Naval Weapons Station Earle ("NWS Earle") was a command of the U.S. Navy located in Colts Neck, New Jersey, that was responsible for replenishing munitions and supplies for the forward deployed Atlantic fleet. To assist in carrying out its mission, NWS Earle maintained and operated a network of approximately 300 computers in Colts Neck for the use of its military personnel and government civilian employees. A computer on this network, a machine identified as the Port Services computer, was the primary computer used by NWS Earle for monitoring the identity, location, physical condition, staffing, battle readiness and resupply of Navy ships in and near the NWS Earle Pier Complex. The Port Services computer, as well as all the other computers connected to the NWS Earle network, were exclusively for the use of the United States Government. Furthermore, these computers were used by military personnel and government civilian employees of NWS Earle in interstate and foreign commerce and communication. Thus, the computers connected to the NWS Earle network were Òprotected computersÓ within the meaning of Title 18, United States Code, Section 1030(e)(2)(A) & (B).

      b.      Defendant GARY McKINNON was an unemployed computer system administrator living in London, England.

2.   On or about April 7, 2001, defendant GARY McKINNON obtained unauthorized access to the Port Services computer via an Internet connection from the United Kingdom and installed the software program RemotelyAnywhere on that computer and on other computers connected to the NWS Earle network. RemotelyAnywhere is a commercially available software program that allows an individual to remotely control a computer on which it is installed from any other computer via an Internet connection.

3.   During the period from on or about June 18, 2001 through on or about June 21, 2001, defendant GARY McKINNON obtained unauthorized access to the Port Services computer on several occasions via an Internet connection and, through use of the previously-installed RemotelyAnywhere software, stole approximately 950 passwords stored on server computers connected to the NWS Earle network.

4.   On or about September 23, 2001, at Colts Neck, in the District of New Jersey, and elsewhere, the defendant

knowingly and wilfully caused the transmission of commands via the Internet, accessing the previously-installed RemotelyAnywhere software and using the previously-stolen passwords, and as a result of such conduct intentionally caused damage without authorization to protected computers, namely the computers connected to the NWS Earle network, such damage including: (a) the deletion of computer files on several of the NWS Earle network server computers that were necessary to power up these machines; (b) the deletion of computer logs generated on the NWS Earle network that detailed the full nature and extent of his unauthorized access; and (c) the compromising of security for the NWS Earle computer network by leaving the network vulnerable to himself and to other intruders via the RemotelyAnywhere software, said conduct causing a loss to NWS Earle of approximately $290,431 during the period from on or about September 23, 2001 through on or about October 22, 2001.

   In violation of Title 18, United States Code, Sections 1030(a)(5)(A) and 2.