US to yank Kevin Mitnick's radio license

[InfoSec News <isn () c4i org>]

http://www.theregister.co.uk/content/55/23494.html

By Our investigative reporter
Posted: 22/12/2001 at 18:45 GMT

In a five-page order released Friday, the US Federal Communications
Commission (FCC) claims that 38-year old convicted hacker Kevin
Mitnick is not morally fit to be a ham radio operator.

"Mr. Mitnick's criminal background raises a substantial and material
question of fact as to whether he possesses the requisite character
qualifications to be and remain a commission licensee," the FCC said.  
"Given his propensity to engage in criminal activities, particularly
those involving fraud, we have serious reservations about Mr.  
Mitnick's ability to comply with our rules and regulations in the
future."

What's more, the FCC reminds us, "Mr. Mitnick's prolific and damaging
hacking career made him the most wanted computer criminal in United
States history."

Mitnick was convicted of hacking-related felonies and was released
from prison in January of 2001. He's still on probation until January
2003.

Mitnick's had a ham radio license for about 25 years, and he applied
two years ago for what's normally a routine renewal. He's not accused
of making any illicit radio transmissions or any offenses that fall
under the FCC's jurisdiction -- it's just that official Washington
firmly believes computer hacking must be an unforgivable venal sin.

Under FCC regulations, Mitnick's loss of his license is probable, but
not automatic. A hearing will be scheduled at some to-be-determined
date before an FCC administrative law judge (who, no surprise,
typically sides with the bureaucrats). Appeals go to the full
commission and from there to the federal courts.

"It's just another example of them trying to harass me," Mitnick said
Friday evening. "Now I've got to spend money to keep a ham license.  
How ridiculous."

"Obviously I'm going to have to fight for my right to be licensed,"  
said Mitnick, who uses his ham radio every day. If Mitnick doesn't
respond in 20 days, he automatically loses.

Federal law requires amateur radio enthusiasts to obtain a license
from the government. Mitnick has a "general class" license that
required him to pass a five-words-per-minute Morse code test. (His
callsign is N6NHG.)

This action against Mitnick doesn't affect his "Dark Side of the
Internet" radio show, which aired on KFI AM 640. Citing an advertising
slowdown, the radio station gave it the axe on 10 December.

The FCC believes it can do pretty much whatever it wants to Mitnick
thanks to an enormously favorable DC Circuit Court of Appeals ruling
last year. The judges said that the FCC could rescind the license of
an amateur radio operator convicted of calling long distance for free
via fake access codes, a felony.

"There is nothing unreasonable about the FCC's conclusion that
(Herbert) Schoenbohm's felony conviction was relevant to his license
renewal. A conviction for fraudulent conduct plainly calls into
question a licensee's ability to act in a manner consonant with FCC
regulations," the panel of judges ruled three to zero.

Fortunately for Mitnick, there's still a way to fight back. He can
confess that, yes, he was a felonious knave -- who's completely has
changed his ways. The agency's own "Policy Regarding Character
Qualifications in Broadcast Licensing" admits that "rehabilitation" is
a mitigating factor.

Mitnick insists he's cured. "I was called to testify before Congress
on federal computer security and now they're questioning my
character," he says, noting that he even spent two days briefing the
US Commission on National Security.

The prosecutor who put him behind bars thinks otherwise. Christopher
Painter, now deputy chief of the Justice Department's computer crime
section, said earlier this month that Mitnick is still an unrepentant
wretch.

After running into his former courtroom adversary at the National
Press Club, Painter said: "My problem with Mitnick these days is that
he's never really accepted responsibility for his conduct... I hope he
gets his life together, and I bear him no ill-will, but I think if you
don't accept responsibility and you glamorize hacking and you get
attention based on your former exploits, that sends the wrong message
to people." (Mitnick was in town to speak at a Business Software
Alliance conference.)

That was on 6 December. Five days later, the FCC decided to take
action against Mitnick. The decision became public on Friday.

A coincidence -- or a way to strike back at the world's most famous
convicted hacker? Says Mitnick: "I'm surprised that after two years
they did this. Why the delay? It's very suspicious to me."



-
ISN is currently hosted by Attrition.org

To unsubscribe email majordomo () attrition org with 'unsubscribe isn' in the BODY
of the mail.