Tuesday, August 10, 1999
Judge orders hacker to make 'token' restitution to victims
Damages in millions; he'll pay $4,125
BY LINDA DEUTSCH
The Associated Press
LOS ANGELES — Computer hacker Kevin Mitnick, a computer vandal once on the FBI's most wanted list, was ordered Monday to pay “token” restitution of $4,125 to companies that suffered millions of dollars in damage from his exploits.
U.S. District Judge Mariana Pfaelzer said she doubts the 37-year-old Mr. Mitnick can earn more than minimum wage. He has been prohibited for three years after his release from prison from any access to computers, cellular telephones, televisions or any equipment that can be used for Internet access.
He is also prohibited from working as a consultant to computer companies.
As part of a plea agreement reached in March, Judge Pfaelzer also sentenced him to three years and 10 months in prison. With credit for time served, he will be eligible for release in a year.
Prosecutors had asked that Mr. Mitnick be ordered to pay $1.5 million, claiming his notoriety and intelligence will eventually give him the chance to earn money through book, film or TV contracts.
But the judge was required to consider what he could earn in the next five years.
“There's nothing on the re cord by which the court can find that he can engage in anything other than a minimum-wage job,” said defense lawyer Donald Randolph.
Mr. Mitnick said in March he had broken into the computers of several high-tech companies, stolen software and installed programs that caused millions of dollars in damage. He pleaded guilty to five felony counts as part of the deal.
Judge Pfaelzer noted he had “caused a lot of damage” but said imposing a bigger restitution fee would be futile.
Mr. Mitnick was one of the FBI's most wanted fugitives when he was arrested in 1995 in North Carolina after a cross-country hacking spree that attracted worldwide attention from fellow hackers.
His victims included such companies as Motorola, Novell, Nokia and Sun Microsystems, and the University of Southern California. He was accused of breaking into a North American Air Defense Command computer, although that allegation was never proved.
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