Kevin Mitnick - Controversy

Controversy

Mitnick's criminal activities, arrest, and trial, along with the associated journalism were all controversial.

Though Mitnick has been convicted of copying software unlawfully and possession of several forged identification documents, his supporters argue that his punishment was excessive. In his 2002 book, The Art of Deception, Mitnick states that he compromised computers solely by using passwords and codes that he gained by social engineering. He claims he did not use software programs or hacking tools for cracking passwords or otherwise exploiting computer or phone security.

Two books explored the allegations: John Markoff and Tsutomu Shimomura's Takedown, and Jonathan Littman's The Fugitive Game. Littman made four main allegations:

• journalistic impropriety by Markoff, who had covered the case for the New York Times based on rumor and government claims, while never interviewing Mitnick himself.
• overzealous prosecution of Mitnick by the government
• mainstream media over-hyping Mitnick's actual crimes
• Shimomura's involvement in the matter being unclear or of dubious legality

Further controversy came over the release of the movie based on the book by John Markoff and Tsutomu Shimomura, with Littman alleging that portions of the film were taken from his book without permission. In addition, a number of media outlets reported on the unavailability of Kosher meals at the prison where he was incarcerated.

The case against Mitnick tested the new laws that had been enacted for dealing with computer crime, and it raised public awareness of security involving networked computers. The controversy remains, however, and Mitnick is often cited today as an example of the quintessential computer criminal.

Supporters of Mitnick have asserted that many of the charges against him were fraudulent and not based on actual losses.