Mitnick Finally Receives Federal Sentence 196
Anonymous Coward writes "According to ZDNet, Kevin Mitnick has finally been sentenced to 46 months less time served, and $4,125 in restitution. He's also banned from using computers for three years, which will make a total of seven since he was captured. Can't help but wonder if the guy broke a mirror." He's eligible for immediate reassignment to a halfway house, and could be out next January if he meets "good behavior" requirements. Not good, but not nearly as bad as it could have been, especially the restitution.
Re:They won't even let him read computer magazines (Score:1)
"Hey How's it going Kevin?"
"Not bad, how're things with you, I'm still not allowed to say 'c***uter' or read c***uter magazines."
%> Universe Error: Segmentation Fault - The Universe has become unstable and must be restarted.
After all, even the government obviously thinks Kevin Mitnick is god.
TheGeek
http://www.geekrights.org [geekrights.org]
Re:Ha ha (Score:1)
I mean this is such obvious trolling for Mitnick lovers.
Re:You're probably right... (Score:1)
NO-ONE deserves to have the Feds do a number on them.
Bill of Rights My Hairy White Ass...
Re:How can you defend this theft? (Score:1)
So right you are... But keep in mind, it should also be illegal for company to keep your CC informations accesible to the outside world, and unencrypted.
Sun Tzu must have been running Linux...
- Hold out baits to entice the enemy. Feign disorder, and crush him. (Sun Tzu, The art of war)
Re:Restitution? (Score:1)
Re:How can you defend this theft? (Score:1)
Re:Read the article. (Score:2)
Whilst I agree that the restriction probably isn't meant to include use of -embedded- computers, that is down to how the probation officer interprets the restrictions. It isn't specified directly, as far as I can tell.
To make things more complex, some US banks apparently charge you for using teller services, rather than ATMs. If Mitnick is unlucky, whatever bank he's with could make a healthy profit out of this.
Enough! (Score:1)
Don't waste your breath getting outraged about some advanced version of a script kiddie getting punished. You want a political prisoner? Try Leonard Peltier [xoom.com] or Mumia Abu-Jamal [mumia.org]. (Another site [grinnell.edu].)
Lucky Him (Score:1)
--time served+22 months for other crimes (Score:1)
He also performed cell phone cloning and a parole violation according to the article.
Whatever he did or didn't do, this man is a poster boy for where the legal system failed.
I think my signature applies heavily in this case...
Mitnick will do what 90% of the US does... (Score:1)
The thing will either last for a couple of years, or the government will settle to avoid "bad" publicity.
He's done it, granted.
He might be guilty as sin, but _NO ONE_ disserves to spend 53 months locked up _WAITING_ to be tried and sentenced.
The government screwed up big time on this one, and they're trying to minimize damage right now. Expect a big settlement with NDA.
Sun Tzu must have been running Linux...
- Hold out baits to entice the enemy. Feign disorder, and crush him. (Sun Tzu, The art of war)
he should be put away for being stupid (Score:1)
Go directly to jail.
Do not pass go.
Do not collect 200 dollars.
eof
Re:Boy am I glad he got jail time (Score:1)
Yeah...but I'll bet the Feds forced him to confess to that..yeah..I'll bet they beat him with a rubber hose untill the poor poor victim admitted to crimes that he didn't commit... sheesh... In fact...I'll bet the police set him up the other 2-3 times he was arrested for various cracking
If any of you script kiddies wanna play with this stuff then expect to be punished if you get caught.
banned from using computers... (Score:1)
I don't think people *love* him... (Score:1)
Re:How are they defining computers? (Score:1)
It was a pretty cute story. They actually didn't ban him from computers, but make him feel sick whenever he looked at a computer screen.
Ya know, I know a few people who get pretty sick whenever they play Quake. Maybe a lot of my friends are just WitnessProtectioned crackers.
Re:random comments (Score:1)
You don't have to be violent to be a danger to society. In a world where we're rapidly moving all of our critical activities at least partially into the computer realm, we can't afford to have people like mitnick running around thinking they have free license to abuse their technological skills. I say lock him up.
OJ's innocence (Score:1)
The best part of the bits I heard of the trial was when the defense pointed-out that the deaths occured at 12:19, and OJ was at such and such a place until 12:15, so couldn't have possibly made it to the crime scene in time.
Does anyone remember the really old OJ/Rent-A-Car ads? I'm not sure of the brand, but it was some rental car company.
It showed OJ having to park far away using the brand X rental company (or some other inconvenience) and then rushing to catch his plane. He leaped over baggage carts and rolled around old women with suitcases (and other such football moves).
I couldn't stop laughing when I imagined the prosecution playing those old commercials and the defense crumbling.
Cruel and unusual punishment (Score:1)
In the strictist sense he could be banned from using telephones, bank machines, elevators, traffic lights, fridges, central heating, most modern cars
Any computer chip with a user affected input stream could probably be covered by a not carefully worded clause in the prohibition.
Curel and unusual punishment in the modern world.
How are they defining computers? (Score:2)
What about Playstation and the like? Do those count as computers? How about Playstation 2, which will be more powerful than a normal computer? Hmmm? Anybody got any info on this?
Re:--time served+22 months for other crimes (Score:1)
[Reply to This | Parent]
Ha ha. I have sigs turned off. I have no idea what you're talking about!
Re:How are they defining computers? (Score:1)
Why are people who want this guy hung by his (Score:2)
At this point in this whole trial, I don't care if he did do it or he didn't do it, the system clearly failed. No one and I mean no one should sit in prision for more than 4 years without a trial. In addition, the treatment the prosecutors in this case was less than professional. You do not spew your opinion across the media and stall and stall and stall your case.
They basically got the media into a hacker/cracker hating frenzy to help out their case!
Geez. How much is a plane ticket to Switzerland. I think I am tired being a US Citizen.
Re:He should have listened to people wiser than hi (Score:1)
get a life.
besides, doing 50+ months in jail is more than plenty for having some fun. at least they did drop the outrageous "restitution" demands. peace.
Re:(Hacker) banned from using computers... (Score:2)
To pick on one of your examples, a robber using a gun for his livelihood is not nearly as legal -- or as defendable. Now, you can feel free to quibble with my examples.
Now that the Kevin ordeal's over... (Score:1)
knock knock (Score:1)
who's there?
Kevin
Kevin who
Kevin Mitnick you got a crack for Windows95 beta for a Commodore 128?
check out our elite lock up kevin banner www.AntiOffline.com
Re:Restitution? (Score:1)
I see NO reason why
If he wants me to write some letters of support, that's cool, because I disagree with the politics of the situation. It's the same thing with all the Mumia crap. It would be bonkers if we were putting forth that much effort for just one guy. It doesn't make any sense. You could use the same effort to go to McDonalds, earn your minimum wage, and give it to those 10cents-a-day places, maybe save some starving kids.
My point is that this is a real issue because of the politics, policy-setting, and publicity of the case. Not because we feel bad for some crackers wallet. Handing him my lunch money doesn't make a difference to those 3 cute alliterative P's above.
Finally. (Score:1)
--
Dave Brooks (db@amorphous.org)
http://www.amorphous.org
Re:banned--but can he write a book? (Score:1)
Many states specifically deny criminals the right to collect proceeds from "how/why-I-did-it"types of stories.
The idea is that no convicted criminal should be able to profit from his crime, whether monetarily, or by broadcasting his thoughtcrime.
It's perfectly permissable for the Federal Government to broadcast it's case, though. Justifyable, maybe, but not justice.
A victim... (Score:1)
Re:Enough! (Score:1)
"1. any computer hardware equipment;
2. any computer software programs;
3. modems;
4. any computer related peripheral or support equipment."
What bothers me is that they only said "comptuer" and not "personal comptuer". This means that he shouldn't be able to "possess or use" anything with any sort of imbedded chip. That would include automobiles, watches, diswasher, watches, many types of phones, etc.
don't know him personally... (Score:1)
woohoo, linuxworld on tuesday.
i wonder if he still has has elite hacker skills (Score:1)
but i wonder if he's been reading about all the stuff that's happened while he was busy waiting for his trial in jail. maybe he's seen the horrors of windows 98 in PC Magazine.
Heh. The fine should be $4,096 (no text) (Score:1)
Re:(Hacker) banned from using computers... (Score:1)
Back to a a previous example, the embezzler may not be banned from using money but he certainly won't be able to get a job that involves handling money (that is, if it was a felony conviction, because he'll have to put it on his job application forms).
Hmmm... (Score:1)
:)
=-=-=-=-=-=
banned from computers? NOT (Score:1)
Re:They won't even let him read computer magazines (Score:1)
Re:Mitnick has been held illegally (Score:1)
Why are we wasting time with this (Score:1)
We dont spend this much time examining the actions of someone that breaks into somebodies house, so why raise a common criminal into media stardom so they can go and earn a million selling the film rights.
I ask you, do YOU want to reward a thief for stealing?
Ignore the situation and it will go away.
What Mitnick isn't allowed to do (Score:1)
This is an excerpt from the Petition For Writ of Ceratori [kevinmitnick.com] in this case (the Free Kevin Mitnick site [kevinmitnick.com] is citing this as "evidence" of cruel and unusual punishment):
A. Absent prior express written approval from the Probation Officer, the Petitioner shall not possess or use, for any purpose, the following:
1. any computer hardware equipment;
2. any computer software programs;
3. modems;
4. any computer related peripheral or support equipment;
5. portable laptop computer, 'personal information assistants,' and derivatives;
6. cellular telephones;
7. televisions or other instruments of communication equipped with on-line, internet, world-wide web or other computer network access;
8. any other electronic equipment, presently available or new technology that becomes available, that can be converted to or has as its function the ability to act as a computer system or to access a computer system, computer network or telecommunications network (except defendant may possess a 'land line' telephone);
B. The defendant shall not be employed in or perform services for any entity engaged in the computer, computer software, or telecommunications business and shall not be employed in any capacity wherein he has access to computers or computer related equipment or software;
C. The defendant shall not access computers, computer networks or other forms of wireless communications himself or through third parties;
D. The defendant shall not acts as a consultant or advisor to individuals or groups engaged in any computer related activity;
E. The defendant shall not acquire or possess any computer codes (including computer passwords), cellular phone access codes or other access devices that enable the defendant to use, acquire, exchange or alter information in a computer or telecommunications database system;
F. The defendant shall not use any data encryption device, program or technique for computers;
G. The defendant shall not alter or possess any altered telephone, telephone equipment or any other communications related equipment.
Jay (=
You're a jerk. (Score:1)
P.S. I may not program in Basic any more, but I started with it 15 years ago; old languages deserve respect!
Lose your rights? (Score:1)
How to come up with that $4k quickly... (Score:2)
Then Slashdot and Freshmeat could post articles about it, with links to the Amazon record for them, and can get free books and stuff! And pretend that's not what they're doing! Oh wait, this isn't the X10 thing.
J/K about the X10 thing... and no this isn't flaimbait, although I bet I get thwacked for it and lose a point or two.
Anyway, at least the scriptkiddies will have to come up with something more creative than "Free Kevin!" to stick on web pages. Maybe hack in links to X10.com!
I'd certainly buy his book...
Re:banned--but can he write a book? (Score:1)
He was never any sort of hacker (Score:1)
Sure, a car thief might call himself a mechanic, and some [idiot] reporter[s] might call him one, but that doesn't make him one.
It's really irritating when your reputation as part of a group gets defaced because someone calls himself "one of" you.
--------
"I already have all the latest software."
Mitnick HAS been using a computer. (Score:1)
Not a hero... (Score:1)
--
2 hints to get more respect (Score:1)
2)Want to get rid of that "mushed onto one line" look? You can either change your mode to something other than "HTML Formatted" (If you log in you can even change your default) or you can add <BR> at the end of your lines.
Raw deal any way sliced... (Score:1)
1. Let us presume that he has done everything convicted of. This is now a safe assumption solely because he has now been (however unjustly) convicted. Under the terms of his release, he will not be able to (and this is the defense's list): "[A]ctivities in which the Petitioner is prohibited from engaging are:
-sending a letter a Senator via e-mail or using a word processor;
-playing a video arcade game;
-calling his family on a cellular telephone;
-working as a computer printer repairman;
-writing any type of computer software program (even using merely a pen and paper)
-accessing a public library's computerized card catalog."
2. Regardless of how you feel about the trial, surely it must strike you as rather odd that he was not allowed to review the evidence against him. (see the bottom of here [kevinmitnick.com]) This is something all of us are allowed to do, as he should have been. Mind you, printing all this out and him reading it would be impossible, simply because most of the data is in a format that is best (or only) accessible on a computer. Even printing it would have taken weeks of valuable time.
3. Again, since he was convicted of all this bad-ass stealing from major companies, to the tune of multi-multi-million dollars, why was this loss not reported to shareholders? I happen to own both Sun and Motorola stock, and even did so at the time of the "crime," and my annual reports listed nothing of the sort. Sun even made a nice tidy profit from that year, with no major losses or charges. Motorola made an average profit and took a charge for the forming of their (sinking badly) Iridium group.
So, any satisfactory answers to these questions?
As a classmate of Mr Mitnick, here is my view. (Score:1)
Re:Read the article. (Score:1)
His PO does not HAVE to give him permission.
>The "can't drive a car" comment, and its ilk, are just BS.
If they REALLY want to make an example of him, driving a car that has a computer in it, or using a radio with a digital tuner could constitute a violation of his parole and get him put back in the pokey.
Never underestimate the power of an asshole cop.
LK
Re:Puh-lease (Score:1)
Maybe he could have won a trial, but he'd be an idiot to have tried.
The amount of restitution is completely arbitrary. The judge neither likes Mitnick nor has any idea what she's talking about regarding computers.
It's hard to say what he's barred from using exactly, but one would imagine that it wouldn't be enforced too strictly (ATMs, microwaves, etc.) although the Gov. certainly could if it wanted to (which may be the case).
--Andrew Grossman
grossdog@dartmouth.edu
Re:banned--but can he write a book? (Score:1)
I do not know if any of those states deny the ability to profit to relatives. IE, Kevin's grandmother should be able to rake in a fair bit of cash with her "I helped raise a Hacker" story. With Kevin taking a fair bit of the profits for helping her write the screenplay.
LK
Re:Nope (Score:1)
LK
Re:How to come up with that $4k quickly... (Score:1)
Maybe that's why they worked so hard to catch him.
Free Kevin [freekevin.com]
Correct me if I'm wrong... (Score:1)
COMPUTER PLAYER HATERS!!!!!!!!!!!!!!!!!!!!!!!!!!!! (Score:1)
Re:Not a hero... (Score:1)
Re:He ripped me off too.. Stole my credit card num (Score:1)
Finally what did he put you through anyway; did he ever actually use your credit card # to buy anything?
Didn't think so.
Terrorist policy (Score:1)
The gov't/justice system may have responded to these "acts of terrorism" by making an example of Mitnick.
--------
"I already have all the latest software."
Re:How can you defend this theft? (Score:1)
Didn't think so.
blah blah blah (Score:1)
Entrapment I say. Kevin was a nobody who couldn't code in basic.
random comments (Score:2)
Also, I think some people need their heads readjusted, judging by some of the comments here. He is not a danger to society - he is not a violent criminal. Violent criminals deserve to be shut away for life, not petty thieves. If i met Mitnick in the street, I would not be afraid in the slightest, since he has not shown a tendancy to harm anyone.
Also, the court decided on $4000 restitution. I guess we can see what the court thought of Sun, et al's, $80 million+ claims.
Mitnick... (Score:1)
Good that it is getting resolved at last.
Linux MAY suck (Score:2)
-Chris
Not to touch computers.? (Score:1)
I think you can figure out how to email me
Finally! (Score:1)
Oh. Nevermind.
Re:(Hacker) banned from using computers... (Score:2)
It seems sort of like banning prostitutes from having sex or embezzelers from owning or using money. I guess when they do that I'll believe again in "equal protection under the law".
OK - Let's get him to Open Source his story... (Score:1)
Re:(Hacker) banned from using computers... (Score:1)
3 years... (Score:2)
What did he do? (Score:1)
-Billy
Re:How can you defend this theft? (Score:1)
I don't even own any fuckin' stock and I know this!
Re:1st!!! (Score:2)
Re:Boy am I glad he got jail time (Score:1)
LK
Re:A stupid victim... (Score:1)
LINUX stands for: Linux Inux Nux Ux X
Re:The gov't FORCES you to waive your rights... (Score:1)
There was just simply not enough evidence to prove him guilty beyond a reasonable doubt (or at least the jurors thought so)
There is a reason why the verdict is Not Guilty as opposed to innocent.
$.02
Re:Lucky Him (Score:1)
I wonder if Red Hat will use this as part of their advertising campaign (a la Analyzer)? I wonder if the competition will use this ("Kevin Mitnick uses Red Hat, and he's in jail! Choose Debian!"). Thank god the Linux community isn't this competitive.
A look at Kevin's life [aviary-mag.com]
Free Kevin [freekevin.com]
Re:They won't even let him read computer magazines (Score:1)
Don't know what due process is do you AC? Hint...5th amendment...mitnick had it, he pled guilty.
Re:Linux MAY suck (Score:1)
http://aviary-mag.com/New s/Mitnick_Life/mitnick_life.html [aviary-mag.com]
Good for you (Score:1)
Yeah, five years is just soooooo damn long, even if the criminals are guilty. Let's empty the jails now!
Oh gawd. You really think that's what a jury of one's peers means? I guess you think there should've been 12 football players on the O.J. jury, ya dumb dunce.
Yes! You're finally catching on! See Kevin break the law. See Kevin go to jail. See Kevin's ass get raped on a regular basis. Now if everyone would not forget that, and would prefer that the same thing doesn't happen to them, maybe they won't break the law in the future. If they haven't gotten the message yet, I'm not going to be crying any tears when they become some convict's bitch.
Cheers,
ZicoKnows@hotmail.com
Re:He was never any sort of hacker (Score:1)
This wouldn't really be a problem if people judged others on other basis than what groups they are a part of.
Re:How are they defining computers? (Score:1)
He has been out of the loop for so long he may have accessed many networked computers and never even known he came near a computer at all.
Would a remote controll qualify as the kind of computer that could get him in truble?
What about a portable MP3 player?
If a friend let him watch a move vea real video. over the net would that be a violation...
It is something to think about
Ha ha (Score:1)
I bet the law's not the only one that's fucked Kevin for a good long time. If he's looking for a job but is unable to use a computer, perhaps he should consider the exhilarating world of male prostitution. After all, he's spent five years behind bars, so he probably gives better blow jobs than Monica Lewinsky.
Fry Kevin.
Cheers,
ZicoKnows@hotmail.com
Mitnik is an idiot. (Score:1)
Re:How are they defining computers? (Score:1)
Poulsen has indicated that his parole officer told him that the cash registers at Mcdonalds are computers, and he can't use them. Poulsen has indicated several times that the PO is the final word on something like that.
Kevin Mitnick has indicated that he has been specifically banned from using celular or even cordless phones.
Re:3 years... (Score:2)
Re:banned from using computers... (Score:1)
If you think this guy got a raw deal.......... (Score:1)
.....look at what happened to Bernie S.
http://www.2600.com/law/bernie.html
Halfway House? (Score:2)
Read the article. (Score:1)
The "can't drive a car" comment, and its ilk, are just BS.
Re:Why are people who want this guy hung by his (Score:1)
Conversely, anonymity is a crutch for those too lazy/insecure/paranoid to defend their ideas when debated.
Which isn't to say there's never a case where paranoia is justified... and add "too lazy to login" for slashdot.
Re:How are they defining computers? (Score:2)
I find the whole thing a little ridiculous, after all, Mitnick was 90% con man, 10% hacker...
Re:Mitnick has been held illegally (Score:1)
Yes, I believe in constitutional rights, such as the pursuit of happiness. I believe this right is infringed on when I have to worry about people stealing credit card numbers or cracking their way into one of my computers. Of course people should have these rights.
Whether or not it was technically a crime when he committed it, that doesn't make it right. Stealing information with malicious intent. Yeah, let's applaud that. While we're at it, let's go ahead and exploit every other goddamn loophole in our intricate system of laws. Hey, since it's not *technically* illegal, it must be okay, right?
Re:Terrorist policy (Score:1)
Puh-lease (Score:1)
C'mon, knock off the semantic games already. Sheesh, people, he's not barred from using every single thing that can remotely fall under the definition of a computer or having a computer inside of it. Let's have a little realism, please.
He used a computer to commit his crimes, so it doesn't seem surprising that he's not going to be able to use one for a while. People who write bomb threats are often forbidden from writing any kinds of letters to authorities, threatening or not, and pen and paper have other important uses than writing mail. I can buy the argument that barring him only from networked computers would have been sufficient, but I'm not sympathetic since it was his own decision to plead guilty instead of taking his case to a jury.
As far as I'm concerned, people who break into other people's property are plenty of an annoyance to society to send them to jail for a while, both to get them to knock it off and to dissuade other people from doing the same. And I'm definitely for throwing people away for a larger amount of time if they don't get the message and instead become repeat offenders, like Mitnick.
If I met him in the street, I'd probably just laugh at him. Other than that, as long as he's paid his debt to society, I'm willing to give him a fair shake. If he screws up again, I hope he gets more time, though.
As for the $4K restitution, your argument doesn't really hold up -- read the article again. First, the government was only seeking $1.5 million. Second, the judge believed that "the damages were much larger" (whether she means much larger than the $4K or much larger than the $1.5M, I can't tell), but she knew that he wouldn't be able to pay that much.
In her ruling, she said, "I want something that he can be ordered to pay, no matter what, because I'll know he has the ability to pay. I want to make a restitution order that is much, much larger. But I can't be sure he can pay it, and any non-payment is going to be a violation of the terms of his release." (Emphasis mine.)
Cheers,
ZicoKnows@hotmail.com
Mitnick case not about Mitnicks crime (Score:1)
However, as a principle, nobody should have to wait 53 months for their trial no matter the circumstances.
This happens in a country that prides itself with being the land of freedom. When are you going to snap out of it?
Re:An Evil Policing of Legal Use of a Computing De (Score:1)
I believe that he broke into computer systems that he was not authorized to use. That consitutes a crime. Specific to Mitnick's actions, who was hurt and in what way?
Regardless of whether he did any actual damage to the systems intentionally, the fact that he broke in meant that the sysadmin of the system had to put in a bunch of time to fix it up.
The standard procedure with most breakins is to reinstall the system from scratch and add all the vendor patches/fixes that are applicable. Not only does this take up the sysadmin's time but it prevents anyone from using the system while its being repaired.