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List:       isn
Subject:    [ISN] Mitnick reacts to speaking ban
From:       William Knowles <wk () C4I ! ORG>
Date:       2000-04-30 1:10:51
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http://news.cnet.com/news/0-1005-200-1781398.html?tag=st.ne.1002.thed.1005-200-1781398

By Paul Festa
Staff Writer, CNET News.com
April 29, 2000, 7:00 a.m. PT

Q&A Convicted hacker Kevin Mitnick is back in the news over the
Justice Department's unhappiness with his speaking on the lecture
circuit.

Mitnick, recently released from prison, was told by his probation
officer earlier this week that such appearances violate the terms of
his parole. Under his plea agreement, he is prohibited from using
computers, mobile phones or any other device to access the Internet
for three years.

News.com caught up with Mitnick as he prepared to challenge the
decision to bar him from speaking and writing engagements.

CNET News.com: Since your release, where have you been engaged to
speak and write?

A: I've been a commentator to Fox News, Court TV, CNN and Canada AM.
I've written for Newsweek and Time, though Newsweek killed the article
when they found out I was writing for Time the same week. I wrote an
op-ed piece for the Guardian in the U.K. Brill's Content wanted me to
write a critique of articles in the computer trade press, but I'm
being precluded from doing that.

Q: Couldn't there be some concern about your profiting from your
crimes?

A: I signed an assignment agreement as part of my settlement. It says
that if were to write a book that I couldn't profit from that for
seven years. It was a side agreement to settle the case. The money
would go to the government for anything portraying the story of my
crime. I don't intend to write a book about my experience because of
that limitation.

Q: How did the directive on speaking and writing come about?
A: I got a letter from the department on April 12th. My probation
officer was very supportive of my doing these engagements, but when he
submitted a request to his supervisor, they made an executive decision
not to send it to the judge, to deny any further participation as a
writer for technology or as a speaker. The April 12th letter confirmed
that they had changed their mind.

Q: What would the consequences be if you violated the terms of the
letter?

A: It's clear if I violate their directive I will be back in court and
they will try to put me back in jail.

Q: Why do you think they've given you this prohibition?
A: The conditions of my probation are that I couldn't act as computer
consultant or advisor, and the probation department is interpreting
that to be that I'm not allowed to speak or write about technology.
The ironic thing is that on March 2nd I testified before the Senate
government affairs committee and assisted that committee on
information security. Why would I get permission to assist the
government in that regard but when I'm trying to support myself by
assisting the private sector I'm told I can't do this type of work?
And it's not only work--they didn't distinguish between paid and
unpaid (activities). I'm being told I'm not allowed to work as a
journalist or participate in speaking engagements period. I think it
goes beyond computers because I was invited to Carnegie Mellon to
speak on civil rights and that was denied as well.

Q: Do you think the decision is fair?
A: Of course not. The First Amendment granting the right to express
yourself is pretty much sacred in this country. That's why it's the
First Amendment. I believe that what I have been doing in engaging in
speaking engagements and writing op-ed pieces for Time and Newsweek is
for the public good because I have been able to express why I think
Internet security is important. It is helpful to corporations and
individuals to get some insight from my background as a computer
hacker. What I'm trying to do is make a positive contribution by
educating people about the threats that are out there and letting them
protect themselves. It's a shame and a disappointment that they won't
let me do that.

Q: Are you going to challenge the directive on First Amendment
grounds?

A: I can tell you that judges have broad discretion and could impose
conditions that restrict fundamental rights. But only if those
restrictions are primarily designed to protect the public or
rehabilitate the offender. My argument is, what I've been doing about
information security has pretty much been about helping people
understand how to protect themselves. That's for the public good. And
it helps in my rehabilitation because it means taking my skills to
benefit society while at same time trying to make a living. So how
this directive that I not participate in writing articles or even
critiquing articles--I don't see how that condition is related to the
dual goal of protecting the public and my rehabilitation.

How would my speaking in front of a group of people and educating them
on how to protect themselves be a danger to the public? If I were out
there advocating how to break into computers I could understand the
government's case. But it's the exact opposite.

Q: Why do you think the government is doing this then?
A: I have to think some people in the administrative offices of the
department don't like my celebrity in the computer field, and are
trying to prevent me from speaking or writing about technology so that
my celebrity status will die down. But I never discus my unauthorized
access during these talks. I'm not telling the story of my crime at
all.

Q: What are your plans in light of this directive?
A: I have an attorney assisting me in preparing a motion that we're
going to file in federal court to get this clarified. I am being
ordered by a U.S. probation department (to refrain) from being a
journalist or accepting speaking engagements, but at the restitution
phase of my trial I had the prosecutors arguing that I could profit as
journalist so they could ask for more restitution.

Q: What's next for you?
A: Hopefully we're working on getting this back into court, and
hopefully the court will be reasonable. If I can't speak and write, I
don't know what I'll do.


*-------------------------------------------------*
"Communications without intelligence is noise;
Intelligence without communications is irrelevant."
Gen. Alfred. M. Gray, USMC
---------------------------------------------------
C4I Secure Solutions             http://www.c4i.org
*-------------------------------------------------*

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