Security News > 2000 > May > Computer Hacker Is Going to Court To Get Plugged In to Lecture Circuit
http://cryptome.org/kevin-gag.htm May 25, 2000 Computer Hacker Is Going to Court To Get Plugged In to Lecture Circuit By TED BRIDIS After completing nearly five years in prison, computer hacker Kevin Mitnick doesn't want a probation officer to run him off the lucrative lecture circuit. He is working with First Amendment lawyer Floyd Abrams to seek clarification of his three-year probation agreement, which states that he is barred from consulting or advising anyone "in any computer-related activity." Mr. Mitnick, who was released from California's Lompoc Federal Prison in January and is 36 years old, no sooner tasted freedom than the media came calling. His probation officer, Larry Hawley, had allowed him to testify before a Senate panel on protecting government computers. Prior to his March testimony, news outlets asked Mr. Mitnick to comment on the spate of attacks on e-commerce sites and the arrest of "Mafiaboy," the nom de net of a Canadian teenager. As the spotlight shone brighter, generous recruitment offers began rolling in. In April, Mr. Hawley put his foot down. The appearances and articles, he said, violated probation terms forbidding Mr. Mitnick, who had pleaded guilty to computer crimes, from consulting or advising on computers. "I'm basically out of work," Mr. Mitnick said in an interview from his home outside of Los Angeles. "The bottom line is, I'm sorry for what I did. Now I just want to move forward and help people, make a living for myself." Just last year, however, it was a different story. Mr. Mitnick argued that he shouldn't be responsible for reimbursing victims more than $4,125 because the ban on computer employment meant he would never make more than minimum wage. The victims were technology companies which alleged that Mr. Mitnick broke into their computer systems and took proprietary codes and data. Mr. Mitnick said Mr. Hawley jokingly suggested a different business -- perhaps working at an Arby's fast-food restaurant. Mr. Hawley acknowledged telling him to find another career, but denied pointing him in the direction of Arby's. Mr. Mitnick turned to Sherman M. Ellison, his pro bono criminal lawyer, to ask U.S. District Judge Mariana R. Pfaelzer, to clarify the probation conditions. But soon afterward, unexpected help arrived from Mr. Abrams, who among other prominent First Amendment cases, argued newspapers' rights to publish the Pentagon Papers in 1971. Mr. Abrams is actually working for New York publisher Steven Brill, who wants Mr. Mitnick to write a column on computer magazines for a coming e-commerce Web site, "Contentville." There could be an e-book contract, too, Mr. Brill said. Mr. Brill won't disclose how much is at stake. But he said his hiring of Mr. Abrams amounts to "spending money out of all proportion to the business value" of Mr. Mitnick's work. Mr. Brill said the fees are warranted because of the principle involved. Mr. Brill believes the probation officer's ban on Mr. Mitnick's writing is "ridiculous" and "not even a close call, legally." Mr. Abrams said he will urge Judge Pfaelzer within days to permit Mr. Mitnick to write the column. The prohibition, he added, is "unduly rigid and unconstitutional." A hearing is expected next month. "It's one thing for Mr. Mitnick to be prohibited from teaching others how to hack," Mr. Abrams said. "It's quite another to broadly bar him from speaking or writing on any topic touching on computers." Even if he persuades the judge to allow him to write articles for Mr. Brill's Web site, he won't be able to read his work online. Other conditions of his probation bar him from using any computer or logging on to the Internet until January 2003. ISN is sponsored by SecurityFocus.com --- To unsubscribe email LISTSERV () SecurityFocus com with a message body of "SIGNOFF ISN".