Judge lobs hacker restrictions back to probation officer

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http://news.cnet.com/news/0-1005-200-2156235.html?tag=st.ne.1002.lthd.1005-200-2156235

By The Associated Press
Special to CNET News.com
June 26, 2000, 5:00 p.m. PT

LOS ANGELES--A judge today said Kevin Mitnick's probation officer must
decide whether the hacker barred from using computers could launch a
media career as an industry critic for magazine publisher Steven Brill
or as a radio host.

U.S. District Judge Mariana Pfaelzer said blanket decisions by the
probation officer were unacceptable without consideration of the
specific offers, but she gave no indication of easing any of the
conditions of Mitnick's 36 months of supervised release.

"We've had a terrible, terrible time with this defendant," said
Pfaelzer, recalling Mitnick's three-year flight from justice while
hacking into computer systems of major corporations. "But he should
not be treated differently than anyone else."

Under the terms of his release, Mitnick is prohibited from having any
contact with computers, cell phones, computer networks, personal
information assistants and televisions that can be used for online
access. He's also barred from working as a consultant to computer
companies or any firms with access to computers.

Mitnick, considering the offers, sought court approval because he
could be jailed if he violated terms of his probation by taking the
jobs. The probation officer had sent him a general notice of
disapproval of such work.

Mitnick's lawyer, Sherman Ellison, said the one-time hacker is a
changed man since spending five years in federal prison and wants to
speak out on computer-related issues to deter others from cybercrime.

"He seems to be a valuable asset both to government and to the private
sector," said Ellison. "If Mr. Mitnick speaks out, he will be a
deterrent."

But Pfaelzer was clearly concerned about what Mitnick would do if
given free rein.

"We couldn't find Mr. Mitnick for a very long time," the judge said,
refusing to approve his latest travel request to appear before a
governmental committee in Washington, D.C.

The U.S. Commission on National Security/21st Century, chaired by
former Sens. Gary Hart and Warren Rudman, invited Mitnick to address
questions of national security in the information age. The judge
suggested they could take his testimony in California.

Mitnick became an icon to some hackers after leading the FBI on a
three-year manhunt that ended in 1995 when investigators traced his
electronic footprints to a Raleigh, N.C., apartment.

Mitnick, who was released from prison in January, is said to have cost
companies and institutions millions of dollars by stealing their
software and altering computer information. Victims included such
companies as Motorola, Novell, Nokia and Sun Microsystems, and the
University of Southern California.

Ellison said that Brill wants to hire Mitnick as a columnist for his
new Web venture, Contentville, an extension of the magazine Brill's
Content, which offers critiques of the media.

Mitnick, 36, said outside court his job would be to write critiques of
computer magazines.

In addition, he said that Los Angeles radio station KFI wants him to
host a talk show on computer topics.

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