Hacking Legend's Sign-Off
-------------------------

   By Greg Miller
   March 18, 1999

   Four  years after FBI agents burst into a North Carolina apartment and
   captured  the nation's most notorious computer hacker, the saga of the
   man   they   hunted  down-Kevin  David  Mitnick-seems  finally  to  be
   nearing a conclusion.

   Mitnick and federal prosecutors signed a plea agreement this week that
   sources  said  will  keep  the  accused  hacker  in prison for roughly
   one more year.

   In  addition,  Mitnick  will likely be barred from ever profiting from
   his  story,  and restricted from so much as touching a computer for at
   least three years after his eventual release.

   The  agreement,  which  still requires the approval of a federal judge
   and comes just weeks before his trial was to begin, brings the curtain
   down on an era.

   More  than  even  Mitnick  seems  able  to  comprehend, he has come to
   personify   both   the   golden   age   of  hacking  and  the  intense
   public paranoia  that  accompanied  the  dawn of the personal computer
   revolution. Mitnick's  heyday  as a hacker is over, but he remains the
   ultimate digital boogeyman.

   The San Fernando Valley native's dubious career spans two decades, and
   by  the  early 1990s he had become a hacker legend by swiping computer
   secrets from big corporations and leading the FBI on a two-year chase.

   Since  then,  others  have  made millions of dollars telling his story
   while  he  spent  the  past  four  years  penniless  in  jail. A movie
   about his  capture is due out this year. And legions of modern hackers
   have made him a misunderstood martyr, tearing down prominent Web sites
   to erect profanity-laced protests in his name.

   "The Mitnick case is the last vestige of hacker hysteria from the late
   1980s and early 1990s," said Mike Godwin, longtime general counsel for
   the Electronic Frontier Foundation, an Internet civil liberties group.

   "It's  not  that  there won't be more hackers. It's just that cops and
   the  media have moved on. They're more worried about gambling and porn
   sites and domain name registrations. But Mitnick was demonized in that
   era,  and  there's  still  a  lot  of  people who want to take a piece
   of him."

   Southland Was Hotbed of Hacking

   Mitnick,  now 35, has never seen the shopping, chatting, humming mecca
   that  is  today's  Internet. His days are ruled by the routines of the
   Metropolitan  Detention  Center in Los Angeles, where he has been held
   without  bail on a 25-count indictment that includes 14 counts of wire
   fraud  and  eight  counts  of illegal possession of computer files and
   passwords   stolen  from  such  companies  as  Motorola  Inc.  and Sun
   Microsystems Inc.

   He  trades  adult  magazines  and  other  jailhouse currency for other
   inmates' phone time so he can spend hours talking with supporters, and
   also  keeps  in  close  touch  with  his parents, who divorced when he
   was 3.

   His father is a general contractor who still works in the San Fernando
   Valley.  His  mother,  who raised him almost single-handedly, is now a
   waitress at a casino in Las Vegas.

   Mitnick  grew  up in Southern California at a time when the region was
   emerging   as   the   stage   for   a   handful   of   hackers   whose
   collective notoriety has not been rivaled since.

   There  was  Kevin  Poulsen,  who, along with fellow hacker Ron Austin,
   tied  up  phone  lines  at  radio stations during call-in contests. By
   improving   the  odds  that  they  would  be  the  lucky  caller,  the
   two collected   prizes   ranging   from   a   pair   of   Porsches  to
   Hawaiian vacations.

   There  was  Justin Petersen, a hacker playboy who raided phone company
   offices  and  pleaded  guilty  of trying to transfer $150,000 out of a
   Southern  California bank. He is best known, however, for pursuing his
   illicit  hacking  habit even while he was working as an FBI informant,
   gathering evidence against Mitnick and others.

   And  then  there's Mitnick. A high school dropout, he was not the most
   technically  gifted but was a master of "social engineering," or using
   guile     and     disguise    to    talk    others    into    lowering
   their electronic defenses.

   "All  hackers  are  like  locksmiths," said Poulsen, who himself spent
   five  years  in  prison  and  now  writes  about  technology  for ZDTV
   Online and  Wired  magazine.  "They know how to install a lock, how to
   take apart a lock and how to put together a lock. But Mitnick was also
   very  good at  getting  someone  on the other side of a door to simply
   open the lock."

   At  first,  Mitnick's  hacks were little more than juvenile pranks. He
   set  up  celebrities'  home  phones so that they were asked to deposit
   a coin whenever they tried to make a call, for instance. But his habit
   escalated,  until  he became primarily interested in pilfering hacking
   tools-mostly  software and cell phone equipment-from big companies and
   computer experts.

   He  was known for studying a company's organizational chart, mastering
   its  employees'  lingo,  then  posing  as  a  field technician calling
   the home office for a needed access code.

   Between  1981  and  1988,  he  was  arrested for hacking at least four
   times, culminating in a one-year prison sentence for stealing software
   from Digital Equipment Corp.

   While  on  supervised  release  from that sentence, Mitnick took a job
   with  a  private  investigations  firm in Los Angeles. Suspicious that
   Mitnick's new employer was taking advantage of his hacking skills, the
   FBI launched an investigation in 1992.

   True to form, Mitnick was onto the Feds almost as quickly as they were
   onto him.

   He  put  together  his  own  private  dossier  on  the agents, conning
   information    out    of   their   families   and,   colleagues   say,
   even eavesdropping on the agents' phone conversations.

   On  Christmas  Eve  in  1992,  Mitnick tried to trick employees at the
   state  Department  of  Motor  Vehicles  to fax driver's license photos
   of the agents to a Kinko's copy center on Sepulveda Boulevard.

   Suspicious  of  the  request  for  what  computer  records  flagged as
   undercover ID photos, the DMV set a trap. Instead of sending photos of
   the  agents,  DMV  faxed  back  a photo of "Annie Driver," a fictional
   character   the   agency  uses  for  instructional  purposes.  Shirley
   Lessiak, a  DMV  special  investigator,  was assigned to stake out the
   Kinko's store to see who would come to collect the pictures.

   Hours  later,  Mitnick  strolled in, picked up the envelope, looked at
   its  contents and shuddered. Suspecting he was being followed, Mitnick
   headed  toward  the  back  door  of  the  Kinko's,  then  back  toward
   the front,  and  kept  reversing  course in an effort to flush out his
   pursuer. Lessiak  nearly  stumbled  into  him,  but  pretended to be a
   customer.  Mitnick finally  left  through the back door, grabbed a pay
   phone and watched Lessiak approach.

   "He  tossed  the  papers  at me," said Lessiak, who didn't learn until
   later   that   she  was  face-to-face  with  a  notorious  hacker.  "I
   grabbed for them and that gave him a second or two head start. He ran,
   and he ran faster than I did."

   Mitnick kept running for the next two years.

   He Never Tired of the Thrill

   Hackers  tend  to  romanticize  themselves  and are fond of describing
   their  efforts  as  "the  pursuit  of  knowledge"  in its purest form.
   But that often means engaging in electronic trespassing, or "hacking,"
   through a system's defensive barriers.

   A  typical  goal is to get "root" on a computer system, meaning access
   at  such  a  basic  level  that  the  hacker can move about the system
   unrestricted.   Mitnick   was   known   for   using   such  access  to
   swipe software  and  snoop  on others' e-mail. He seemed never to have
   tired of the thrill this gave him.

   For  most  hackers, "it's like any other thrilling sport-after a while
   it becomes old hat and boring," said Lewis DePayne, Mitnick's longtime
   hacking colleague. "But for Kevin, it never became boring or old hat."

   For  Mitnick  and  others,  hacking  was  an all-consuming endeavor, a
   laborious  and  often  tedious  process of gathering tips from others,
   sifting    through   phone   company   trash   bins   in   search   of
   discarded manuals,   and  sneaking  into  campus  computer  rooms  for
   precious time on the mysterious machines.

   These days, hacking is being overrun by a generation derisively dubbed
   the   "script   kiddies."   Almost   every   suburban   kid   has   an
   online connection,  and  the Internet has eliminated the drudgery-some
   would say the discipline-of the hacking craft.

   Thousands  of  paint-by-number  hacking  programs,  or  "scripts," are
   available  free  on dozens of Web sites. Many of these programs can be
   aimed  at thousands of computer systems simultaneously, virtual search
   engines for security vulnerabilities.

   Predictably,  the  number  of  security  breaches reported has soared,
   according  to  the Computer Emergency Response Team at Carnegie Mellon
   University.  A CERT official said there were more than 2,500 incidents
   reported in 1998, compared to just hundreds in the late 1980s.

   Even so, hacker hysteria is waning. The crippling electronic blow that
   once seemed so imminent has never materialized.

   Experts say this probably has less to do with improvements in computer
   security   than   the   fact   that   hacking   is   by  and  large  a
   juvenile pursuit,  and  few  among  its  ranks have both the skill and
   inclination to be destructive.

   More than ever, hacking is a hobby populated by the likes of a pair of
   teenagers  in  Cloverdale,  Calif., who-using scripts from various Web
   sites-recently   broke  into  Pentagon  computers  and  bumbled around
   low-security files before getting caught.

   "It's  getting  to  the point that anybody can be a hacker," said Dane
   Jasper, chief executive of a Santa Rosa, Calif.-based Internet service
   provider  who  helped catch the teenagers. "Kevin Mitnick was far more
   talented than these joy riders."

   But Mitnick, like the Cloverdale teens, was caught. And who knows what
   deterrent effect that has had.

   Security Expert Joins the Hunt

   Mitnick  had  been  on the run for almost two years when, on Christmas
   Day  in  1994,  someone  hacked  into  the  computer system of Tsutomu
   Shimomura,  a  security  expert at the San Diego Supercomputer Center.
   Convinced that Mitnick was the culprit-which remains unprovenShimomura
   set out to help the FBI catch him.

   Using  an array of high-tech surveillance equipment, Shimomura and FBI
   agents  traced  Mitnick's  online activities first to a cellular phone
   "cell"  in North Carolina. From there, they zeroed in on the apartment
   complex   where,  even  with  the  FBI  closing  in  on  him,  Mitnick
   continued to dial in to computer networks through his modem.

   When  the  FBI barged in on Mitnick's apartment just after midnight on
   Feb.   15.,   he   is   said   to  have  vomited.  In  his  apartment,
   authorities say,  agents  seized  cell phone equipment, computers with
   thousands  of illicit  files,  as  well  as  phony  IDs,  resumes  and
   job applications.

   A  friend of Shimomura, New York Times technology writer John Markoff,
   got  exclusives  on  both  the  chase  and the capture. "A Most Wanted
   Cyberthief,"   the   paper   proclaimed   in  a  front-page  headline,
   was finally behind bars.

   The  story  touched off a media frenzy. Newspapers and television news
   crews  flocked  to  the  scene.  Shimomura  was hailed as the ultimate
   cybersleuth.  And  soon, he and Markoff were splitting a book deal and
   movie rights reportedly worth more than a million dollars.

   Mitnick  never  physically harmed anyone, and he appears never to have
   profited   from   his   hacking.   In   fact,   officials   from  some
   companies Mitnick allegedly targeted say he was mainly a nuisance.

   "The  real  damage  was  loss  of productivity and hassles," said Phil
   Karn,  a  senior engineer at Qualcomm Inc., a San Diego-based cellular
   phone  manufacturer.  "I  don't  want  to  condone  what  Mitnick did,
   but he's really not public enemy No. 1."

   Nevertheless,  Mitnick was soon being portrayed in ads for Markoff and
   Shimomura's book as a hacker who "could have crippled the world."

   Predictably,  enmity  toward  Markoff  is intense in the Mitnick camp.
   Mitnick's father says Markoff has "made a monster" of his son, whom he
   believes    would    be    in    far    less    trouble   if   Markoff
   hadn't sensationalized  the  case.  Late last year, a group of hackers
   shut down the New York Times Web site, temporarily replacing it with a
   profane anti-Markoff rant.

   Case Centers on Theft of Software

   Markoff  today  says  he has a certain amount of sympathy for Mitnick,
   "but   I  don't  think  what  he  did  was  benign.  He  was  stealing
   information. I  think  he  did  a  tremendous  amount of damage to the
   Internet community."

   For  all the drama of the Mitnick-Shimomura face-off, it has proven to
   be  inconsequential in terms of his case. Mitnick has not been charged
   with  many of the allegations that topped Markoff's stories, including
   Mitnick's alleged possession of 20,000 credit card numbers. Indeed, he
   has not even been charged with hacking Shimomura.

   Instead,  the  government's  case  centers on allegations that Mitnick
   stole   millions   of   dollars   worth  of  cell  phone  and computer
   software-mostly  tools  for  reprogramming  phones  and  other hacking
   endeavors-while   he   was   on   the   run   from   the   FBI.  Their
   evidence consists mainly of seized files and taped telephone calls.

   The  plea  agreement, filed under seal in federal court in Los Angeles
   on  Tuesday,  would impose approximately a five-year sentence. With 35
   months   in   jail  that  would  be  credited  toward  that  sentence,
   and assuming   good   behavior,   he  could  be  out  within  a  year,
   sources said.

   But  for  years  beyond his release, he will remain separated from the
   world  of  computers  that  has  often  seemed  more  indispensible to
   him than  even family or friends. If he is caught using a computer, he
   could be sent back to prison.

   In  a recent court appearance, Mitnick looked trim, although his puffy
   face  belied  his  lifelong  weight  problem.  His  dark,  bushy  hair
   was brushed  back.  He  wore  metal-framed glasses and a wrinkled blue
   pinstriped suit.

   Under some circumstances, Mitnick can seem almost meek. He has a soft,
   passive   manner   that  many-including,  evidently,  his victims-find
   disarming. But he can also be petty, manipulative and obsessive.

   Once,  when  a  friend  refused  to allow Mitnick to use an employer's
   computers   for   his   hacking   habit,   Mitnick   took  revenge  in
   typical fashion.  Posing  as an IRS agent, Mitnick phoned the friend's
   employer to tell him that the friend was in serious tax trouble.

   The friend, Lenny DiCicco, later returned the favor by telling the FBI
   about Mitnick's forays into the computer systems of Digital Equipment.

   Hacking  was  such an addiction for Mitnick that he couldn't even give
   it  up to save a brief marriage to a woman named Bonnie Vitello in the
   1980s.  Even as that relationship was crumbling, Mitnick was known for
   sneaking away to hotel rooms for hacking binges.

   Since  his  capture, Mitnick has transferred that obsessiveness to his
   legal plight.

   Most  defendants  will  read  important  legal documents three or four
   times,  one  advisor  said,  but  Mitnick pores over the same document
   40 or 50 times.

   "He  doesn't  compute  things the way you and I do," the advisor said.
   "He   is   immersed   in   minutiae,  can't  theorize  and  is  linear
   to the extreme."

   Backers Keep the Legend Alive

   Mitnick's  closest  companion for nearly 20 years, Lewis DePayne, also
   describes  their  relationship  as one-dimensional: "It wasn't a close
   relationship.   I  wouldn't  go  on  vacation  with  him  or  anything
   because he was always focused on computers."

   DePayne is a co-defendant in the Mitnick case on lesser charges.

   Asked  if  they  had  shared  any  happy times together, DePayne said,
   "Yeah, there were great times, but nothing I'd want published."

   Kevin  Mitnick, who declined requests for interviews, has been missing
   from  the computer underground for years. But in many ways, he casts a
   bigger shadow across Cyberspace now than he ever did.

   His  backers  pass out "Free Kevin" virtual stickers, post transcripts
   of  every  court  appearance,  and  track  his  time  served  down  to
   the second in a ticker at http://www.kevinmitnick.com.

   Nor  was Mitnick forgotten when his Southern California peers recently
   staged something of a reunion.

   Petersen, the informant other hackers love to hate, skipped out on his
   probation   late   last   year.   Within   days,  Austin  was  giddily
   spreading the    news    on    a    Web    site   that   mocks   Agent
   Steal-Petersen's self-proclaimed   moniker-as   "Agent   Squeal."  And
   Poulsen  began filing reports from the Sunset Boulevard bars and clubs
   that Petersen frequents.

   Before  he was recaptured, Petersen posted his own online updates on a
   Web   site   he   operates,   and  fired  off  e-mail  missives  to  a
   Mitnick mailing  list, taunting the jailed hacker he was once hired to
   help catch.

   "Yeah,  I  got tired of my probation officer's B.S.," he wrote. "So in
   the  meantime,  let  the  U.S.  Marshals  look  for me. I'm not really
   trying to  hide.  I  just  won't  be  using  a  cell phone and pissing
   off Shimomura. hahahahaha."