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NOTÍCIAS DO MITNICK
Nova reviravolta: Federais reviram status de fugitivo de Mitnick By Jonathan Littman June 19, 1997 5:19 PM PDT ZDNN
Em 1994, um suposto fugitivo Kevin Mitnick disse a quem quer que quisesse ouvir que ele nao era realmente fugitivo da justica. Ele clamava ser apenas um hacker paranoico que nao queria ficar por ai' uma vez que sua condicional tinha acabado. Do jeito que ficou, ele pode ter dito a verdade. Numa corte federal em Los Angeles, o governo admitiu que tinha feito um erro ao dizer que Mitnick estava em fuga.
A admissao poe uma visao inteiramente diferente no caso. Se Mitnick nao realmente um fugitivo, um par de violacoes de condicional feitas por engano aumentaram de tamanho ate' se tornarem uma das maiores cacadas humanas no cyberespaco. Pequenas violacoes de Mitnick - provavelmente puniveis pela extensao de sua condicional - viraram um jogo de gato e rato de extensao nacional que puxou um frenesi de Midia. Enquanto isso, Mitnick, que pode ter sido nao mais do que um faltoso, virou ao inves o mais notorio mestre do crime que as autoridades queriam que ele fosse.
A mudanca na posicao do governo veio a luz na semana passada durante uma audiencia de rotina de pre-sentenciamento ante a Juiza Federam Mariana Pfaelzer. O oficial da justica no qual o governo tinha confiado para dizer que Mitnick fugiu antes de sua condicional de tres anos estar terminada em 7 de dezembro de 1992, testemunhou que nunca fez tal declaracao. Minutos depois, O oficial de condicional (o original) de Mitnick, Frank Gulla admitiu erradamente que Mitnick era um fugitivo.
Sem poder mais capaz de provar que Mitnick era um fugitivo, o governo ao inves afirmou que o hacker estava atrasado com o seus documentos, falhando na apresentacao de declaracoes trimestrais de supervisao. Mas Gulla testemunhou que por 33 meses, ate' setembro de 1992, Mitnick "conscienciosamente" fez todas as declaracoes da sua supervisao de 36 meses. " Quando uma pessoa estabelece um um parametro de registro na supervisao, eu nao necessariamente mantenho isso contra eles se eles estao atrasados com uma declaracao,"Gulla disse, "e para ser franco com o sr. Mitnick, as pessoas estao atrasadas com as declaracoes delas..."
(cansei de traduzir)
the reporting requirements of his 36 months supervision. "When a person establishes kind of a track record on supervision, I don't necessarily hold it against them if they are late with a report," Gulla testified, "and in fairness to Mr. Mitnick, people are late with their reports..."
The probation officer spoke with Mitnick in October and November without ever telling the hacker he was tardy in his reports, and even gave him permission on October 28, 1992 to travel to Las Vegas. Testimony demonstrated that the probation officer and the hacker spoke on October 5th, 6th, 9th, 21st, 28th, 30th and November 2nd. Phone records subpoenaed by Mitnick proved he called the officer as late as December 4th.
Ironically, on December 7, 1992, the last day of his three-year probation, Mitnick met with his psychologist (the court had ordered that he seek counseling for his obsessive hacking), a fact attested to by the therapist in a declaration to the court. At the very time government alleged Mitnick was a dangerous fugitive, the world's "most wanted" computer hacker was following court orders, having his head checked with his shrink.
Next Monday, Mitnick's attorney will ask Judge Pfaelzer to make a formal finding that Mitnick was not a fugitive. For Mitnick, last week's testimony made the question moot. The 14-month sentence he will receive for supervised release violations will be based solely on a secret warrant filed a month before his three-year probation expired -- but not served on him until his arrest more than two years later. Mitnick was charged with associating with a former accomplice and accessing the voice mail of Pac Bell security officials.
Mitnick's alleged Pac Bell intrusions, a petty offense, fit the profile of an obsessive hacker. Mitnick told me several years ago that he was attempting to discover whether the government was putting him under phone surveillance, and operating a criminal undercover agent who went by the handle Agent Steal. Mitnick has claimed that Agent Steal attempted to entrap him while he was on probation, encouraging him to commit crimes.
Despite the admission by the U.S. Marshal and Mitnick's former parole officer, federal prosecutors still contend that Mitnick eventually did become a fugitive. "We believe that Mr. Mitnick did, in fact, become a fugitive it is clear for two and half years," Assistant U.S. attorney Christopher Painter declared during the hearing.
Until Mitnick's trial set for January, 1998, the public may not know for certain why the government escalated a routine probation case into a national manhunt. And it will also have to wait until then for answers to two other compelling questions: Did the government have clear evidence of specific crimes? Or did Mitnick's troubles stem from his attempt to protect himself by investigating the investigators?
Jonathan Littman e' o autor do Jogo do Fugitivo e The Watchman. TExto parcialmente traduzido com permissao do proprio..
CuDIGEST
Date: Wed, 18 Jun 1997 17:42:07 -0400
From: "Evian S. Sim"
Subject: File 3--Mitnick gets 22 months
Computer Hacker Mitnick to Get 22-Month Term Courts:
In addition to sentence for cellular phone fraud and probation violation,
former fugitive faces a 25-count federal indictment on software theft.
Los Angeles Times (LT)
TUESDAY June 17, 1997
By: JULIE TAMAKI; TIMES STAFF WRITER
Edition: Valley Edition
Section: Metro
Page: 4 Pt. B
Story Type: Full Run
Word Count: 398
A federal judge indicated Monday that she plans to sentence famed computer
hacker Kevin Mitnick to 22 months in prison for cellular phone fraud and
violating his probation from an earlier computer crime conviction.
The sentencing Monday is only a small part of Mitnick's legal problems.
Still pending against him is a 25-count federal indictment accusing him of
stealing millions of dollars in software during an elaborate hacking spree
while he was a fugitive. A trial date in that case has yet to be set.
U.S. District Judge Mariana R. Pfaelzer on Monday held off on formally
sentencing Mitnick for a week in order to give her time to draft conditions
for Mitnick's probation after he serves the prison term.
Pfaelzer said she plans to sentence Mitnick to eight months on the cellular
phone fraud charge and 14 months for violating his probation from a 1988
computer-hacking conviction, Assistant U.S. Atty. Christopher Painter said.
The sentences will run consecutively.
Mitnick faces the sentence for violating terms of his probation when he
broke into Pac Bell voice mail computers in 1992 and used stolen passwords
of Pac Bell security employees to listen to voice mail, Painter said. At the
time, Mitnick was employed by Teltec Communications, which was under
investigation by Pac Bell.
Copyright (c) 1997, Times Mirror Company
------------------------------
Date: Wed, 18 Jun 1997 21:17:06 -0400
From: "Evian S. Sim"
Subject: File 4--Judge denies Mitnick computer access
JUDGE DENIES HACKER ACCESS TO COMPUTER
Daily News of Los Angeles (LA)
Tuesday, June 17, 1997
By: Anne Burke Daily News Staff Writer
Edition: Valley
Section: News
Page: N3
Word Count: 564
San Fernando Valley hacker Kevin Mitnick wants to log on while in
the lock up, but a judge said Monday she doesn't think that's
such a good idea.
"I have real apprehension about any situation where Mr. Mitnick
is near a computer," U.S. District Court Judge Mariana Pfaelzer
told the 33-year-old and his attorney.
After all, Mitnick was in court Monday for sentencing on digital
crimes he committed while leading the FBI on a manhunt through
cyberspace and the nation.
While Pfaelzer refused Mitnick access to a computer, she said she
is going to give him something else - 22 months behind bars for
violating his supervised release from prison on an earlier
computer hacking conviction and illegally possessing telephone
access codes. Mitnick is expected to be sentenced formally
Monday, after the judge considers the terms of his supervised
release.
In custody since February 1995, Mitnick now faces a 25-count
indictment charging him with a 2-1/2-year hacking spree from June
1992 to February 1995.
Speaking Monday through his attorney in court, Mitnick said he
now needs access to a computer for strictly legitimate reasons -
helping to prepare his defense for the upcoming trial.
Randolph said Mitnick is not a thief, but rather an electronic
eavesdropper. The difference is that Mitnick never tries to
profit, the attorney said.
At Monday's sentencing, Mitnick got 14 months for violating his
supervised release by breaking into Pacific Bell's computers and
associating with an old buddy named Lewis De Payne, his
co-defendant in the coming federal trial. He received eight more
months for the cellular telephone fraud in North Carolina.
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Computer Underground Digest #9.04
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Subject: Fwd: Support Kevin Campaign
SUPPORT KEVIN CAMPAIGN
Amigo,
A Anistia Internacional eh a maior Organizacao Nao Governamental do mundo,com um milhao e cem mil membros espalhados por 150 paises do mundo. A unica esperanca de assegurar um julgamento justo para Kevin Mitnick eh unir forcas e pressionar, de forma inconteste, o Governo Americano.
Porisso, ENVIE FAX URGENTE PARA ANISTIA INTERNACIONAL- MR. ADRIAN SANCHEZ APELANDO para que a Anistia Internacional ADOTE O CASO KEVIN MITNICK. O numero do fax eh 00441719561157(Londres).
Enviem apelo em portugues ou ingles. Mas envie. Peca a amigos e simpatizantes que facam o mesmo. Divulgue este apelo.
Obrigada e um grande abraco,
Fernanda Serpa
Support Kevin Campaign