A Give Up Exclusive!
from Spectacular Computer Crimes
by Jay Bloombecker

KEVIN MITNICK: THE WILLIE HORTON OF COMPUTER CRIME?

WHERE IS THE DIGITAL DEFENDER?

As consumer protection has yet to catch up with the computer revolution, so too, has the criminal defense bar left the field of computer crime defense without any champions. Kevin Mitnick seems to have served as a convenient target for much of the frustration of the public and prosecutors over the increasing dangers of computer crime. Rather than for crimes he committed, it seems Kevin was punished for crimes the court feared he might commit. This fear is not an appropriate basis for judicial decisions, particularly when it reflects ignorance about the technology involved and distaste for a sometimes obnoxious personality more than it does a careful analysis of the facts.

Perhaps Mitnick's attorneys said what they were supposed to, pointing out the unproven nature of most of the charges against their client. Perhaps they were just doing their jobs without much concern about the outcome. In any case, they were not able to be heard. If we are to protect the rights of computer users, the unfairness Mitnick experienced should be recognized.

All computer users will want to rest easy that they will never be thrown in jail for seven months based on untrue rumors about their alleged computer prowess. All citizens concerned that a proper balance be maintained between state power and individual rights may wonder how many other cases of unfamiliarity with technology, or ethics, have put undeserving individuals behind bars. Computer ethics is the basis of computer security. If those who investigate and prosecute computer crimes show no ethical leadership, their job in fighting computer crime will be much tougher. Justice, not arbitrary punishment, must be the key to our efforts against computer crime.