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Hacker Mitnick Released

For the first time since 1995, computer criminal Kevin Mitnick is a free man. But will he hack again?

By Kevin Poulsen, ZDNet News ©
UPDATED January 21, 2000 9:30 AM PT

hacker mitnick released storyNearly five years after news of his arrest blazed across the nation's headlines, hacker Kevin Mitnick walked out of a medium security prison in Lompoc, Calif., early Friday morning -- and into an uncertain future.

The 36-year-old hacker was greeted at the gate by friends and family members. His mother will drive him to Los Angeles, where his first order of business will be to obtain a driver's license, report to his new probation officer and see a doctor about injuries he suffered in a prison bus accident last year.

"He's having neck pains, and back and shoulder pains," said Reba Vartanian, Mitnick's grandmother. "He hasn't had a regular doctor in five years."

A free man for the first time since 1995, he will live in the Los Angeles suburb of Westlake Village with his father, Alan Mitnick, a general contractor.

Less clear is what Mitnick is going to do for a living. Under court order, the hacker is banned for three years from using any kind of computer equipment without the prior written permission of his probation officer -- a restriction that even the court acknowledged would affect his employability. "He's experiencing a lot of frustration over the things he can't do," said Eric Corley, editor of the hacker magazine 2600 and the leader of a "Free Kevin" grass-roots movement. "Keep in mind this is someone who's been kept away from these things for five years, and when he gets out he won't even be able to touch them."

Does incarceration cure an addict?

The restrictions, and long history of recidivism, make one former friend and partner-in-crime pessimistic about Mitnick's future. "Do you cure a drug addict or alcoholic by incarceration on its own?" asked Lew DePayne, rhetorically. "Do you cure him by taking away his ability to earn a living?"

Mitnick and DePayne became friends in the late 1970s, when they were both teenagers. Together, they explored and manipulated the telephone network as Los Angeles' most notorious "phone phreaks." In the 1980s, DePayne seemingly dropped out of the scene, while Mitnick moved on to corporate computers and networks, developing a penchant for cracking systems in search of proprietary "source code," the virtual blueprints for a computer program or operating system.

Mitnick had already been in a series of minor skirmishes with the law when, in 1989, he suffered his first adult felony conviction for cracking computers at Digital Equipment Corp. and downloading source code. He served one year in federal custody, followed by three years of supervised release.

In 1992, Mitnick was charged with a violation of his supervision for associating with DePayne again. He went underground and online, using the Internet to crack computers belonging to such cell phone and computer makers as Motorola (NYSE: MOT), Fujtsu and Sun Microsystems (Nasdaq: SUNW) and to copy more proprietary source code. The FBI captured him on Feb. 15, 1995, when computer security expert Tsutomu Shimomura suffered an attack on his machine and responded by tracking Mitnick to his hideout in Raleigh, N.C.

Shimomura and New York Times reporter John Markoff went on to write the book "Takedown: The Pursuit and Capture of America's Most Wanted Computer Outlaw -- By The Man Who Did It." Shimomura and Markoff sold the movie rights to Miramax Films, who cast Skeet Ulrich as Mitnick. But since shooting wrapped on the project in December 1998 the movie has languished on the shelf with no known theatrical release date, surrounded by swirling rumors of a direct-to-video or cable TV release. Miramax publicists didn't return telephone inquiries about the project.

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