, SecurityFocus 2000-06-04
Hacker Kevin Mitnick asks the judge who sentenced him to let him back on the computer security lecture circuit.
Kevin Mitnick formally appealed to his sentencing judge on Friday to overrule federal probation officials and let him lecture, write and consult on computer security professionally.A hearing is set for June 26th on the 20-page "Application For Clarification of Supervised Release Terms" filed by Mitnick's attorney, Sherman Ellison. The motion asks federal judge Marianna Pfaelzer to "clarify" her earlier court order barring Mitnick from acting "as a consultant or advisor to individuals or groups engaged in any computer related activity," without approval of his probation officer.
Probation officials, citing that order, yanked Mitnick off the lecture circuit last April, aborting $20,000 in speaking engagements he had scheduled through August. At the same time, they ordered him not to write professionally on any computer related subjects.
In Friday's motion, Ellison asks that Mitnick be permitted to "consult as a media journalist, public speaker, information security consultant and/or commentator in a manner that would help and assist the government, public and private sector entities." In an April interview, Mitnick said his speaking was good for everyone. "I'm helping to protect people from the very conduct that I was once engaged in," said Mitnick. "We're going to go in there and explain to the judge that this is good for the public and good for my rehabilitation." The probation office declined comment at the time.
An attorney for publisher Steven Brill is expected to file a brief in support of Mitnick's motion on Monday. Prior to the April decision, Mitnick had been slated to review computer magazines for Brill's upcoming web offering "Contentville."
Mitnick, arguably the world's most well-known hacker, pleaded guilty in March 1999 to seven felonies in connection with his cracking of computers at cell phone companies, universities and ISPs. He was released from prison on January 21st, 2000 after nearly five years in custody, and began three years of supervised released. In addition to the ban on consulting, Mitnick is prohibited from using computers, cell phones and the Internet without permission of his probation officer during his supervision.
At Mitnick's sentencing last August, Judge Pfaelzer rejected prosecutors' request that Mitnick be ordered to pay $1.5 million in restitution. Pfaelzer said she believed the damages were much higher, but agreed with a defense argument that Mitnick's earnings potential was limited and ordered the hacker to pay "token" restitution of $4,125, a figure that was based on a projection of what Mitnick could afford to pay while earning minimum wage for three years.
According to Friday's motion, earnings from the speaking engagements he performed prior to the April ban allowed Mitnick to pay off his restitution in full last month.
