Mitnick Rings Bell

6 November 1997, Digital Cellular Report:

 U.S. government takes hard line on Mitnick. US Hacker Pleads for Help 

 A US 'hacker'- Kevin David  Mitnick - has issued a plea for financial help to 
 fight his defence case through his lawyer, Donald  C Randolph of Santa Monica, 
 USA. Through Randolph, Mitnick is claiming that the US government is
seeking to 
 make an example of him for the possession of unauthorised cellular access
codes. 
 The issue is particularly important in the North American market where
analogue, 
 rather than digital cellular, is the norm. 

 In one of the most amazing claims, Mitnick claims to have been kept in solitary
 confinement for 23 hours a day, naked in a freezing air-conditioned cell
for eight
 months and led to the showers in chains. Perhaps the most puzzling aspect
to the
 whole case is the fact that while the US government has never sought to prove
 that Mitnick profited from his 'hacking' activities - although he could
certainly have
 done so by 'selling' stolen airtime to third parties. Instead they claim he
caused
 losses in excess of $80 million. Kevin certainly appears to be paying the
price for
 his nefarious deeds having already spent nearly two years in custody during
which
 time he has been prohibited from any access to wireless communications
 equipment, computer hardware or computer software. It's difficult to know
 exactly which side is the more paranoid since Mitnick is claiming that his
fate is
 part of a deliberate US government plot to divert scrutiny away from its plans
 concerning the control and regulation of both telecommunications and the
Internet.
 The case would seem to present a most powerful argument for the US to switch
 more swiftly over to digital cellular where 'hacking' is far more difficult.

On Thu, 6 Nov 1997, John Young wrote:

>  6 November 1997, Digital Cellular Report:
>
>  U.S. government takes hard line on Mitnick. US Hacker Pleads for Help
[snip]

I think Kevin's time in custody shapes up to at least 31 months now.  He
was recently sentenced on a couple of charges, but his time served
exceeds the sentence he was given.  He has been held without bail for
this incredible length of time, yet he has never committed a violent
crime, AFAIK, and never profited financially from his hacking.  In a
hearing a few months back he finally established the fact that he was not
a "fugitive" when he went underground, but had completed the release terms
he was under shortly before.

While I'm not sure I can follow this all to the conclusion that the gov is
using his case to distract people from their attempts to regulate the
Net, I think it is clear they are using him as a warning sign to potential
hackers: Don't believe you have anything like civil liberties, because we
can lock your ass up for years without even having to take you to trial.

There is a pretty quiet majordomo list about Kevin's case at 2600 --
mitnick@2600.com.  Some of us who are concerned about Kevin's case have
been participating in an RC5 team that's meant to hopefully draw attention
to his case.  We're working on RC5-64 now, and people who are interested
in joining can visit the URL below.

The judge in Kevin's case recently set a tentative trail date, for April
of '98, I believe.  That means he'll have been in for over 3 years before
his federal tial begins.  He is facing a 25-count indictment.



Rich

---
Rich Burroughs  rich@paranoid.org
PGP Key Fingerprint = 22 BA C5 D7 2C 34 BF 8E  B5 82 2E 13 46 38 AA 1D
Cracking RC5-64 for Kevin Mitnick   http://www.paranoid.org/mitnick/

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    the assholes missed the point...

on or about 971106:0722, in 

>6 November 1997, Digital Cellular Report:
>
>U.S.  government takes hard line on Mitnick.  
>US Hacker Pleads for Help
>
>A US 'hacker'- Kevin David Mitnick - has issued a plea
>for financial help to fight his defence case through
>his lawyer, Donald C Randolph of Santa Monica,
>
>USA.  Through Randolph, Mitnick is claiming that the
>US government is seeking to make an example of him for
>the possession of unauthorised cellular access codes.
>The issue is particularly important in the North
>American market where analogue, rather than digital
>cellular, is the norm.
>
>In one of the most amazing claims, Mitnick claims to
>have been kept in solitary confinement for 23 hours a
>day, naked in a freezing air-conditioned cell for
>eight months and led to the showers in chains.
>
    anybody who thinks that does not happen in Federal
    prisons has their eyes closed.  the only light is
    through the observation port, and a 4 in. hole in
    the floor is provided for defecation, etc. the one
    hour per day is for exercise and the every other 
    day shower. cell space requirement: 49 sq. ft.

    the feds will not permit the states this torture,
    but that does not stop the BOP...

>Perhaps the most puzzling aspect to the whole case is
>the fact that while the US government has never sought
>to prove that Mitnick profited from his 'hacking'
>activities - although he could certainly have done so
>by 'selling' stolen airtime to third parties.  Instead
>they claim he caused losses in excess of $80 million.
>
    easier to charge losses for what he used and/or
    blocked

>Kevin certainly appears to be paying the price for his
>nefarious deeds having already spent nearly two years
>in custody during which time he has been prohibited
>from any access to wireless communications equipment,
>computer hardware or computer software.
>
    well, what do you expect? something of value?

>It's difficult to know exactly which side is the more
>paranoid since Mitnick is claiming that his fate is
>part of a deliberate US government plot to divert
>scrutiny away from its plans concerning the control
>and regulation of both telecommunications and the
>Internet.
>
    must be a cypherpunk candidate; we know they're
    trying to take over.  

>The case would seem to present a most powerful
>argument for the US to switch more swiftly over to
>digital cellular where 'hacking' is far more
>difficult.  
>
    sure...

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